On the agenda: meeting — Data center (Oct 13)

Mecklenburg County Board of Supervisors
P.O. Box 307 - Boydton, Virginia 23917

AGENDA
Tuesday, October 13, 2026
9:30 AM

A.

CALL TO ORDER

B.

PLEDGE TO THE FLAG

C.

APPROVAL OF AGENDA

D.

APPROVAL OF MINUTES
1.

E.

F.

G.

H.

Minutes

PLANNING AND ZONING (LUCKY CARSON/JOSH TANNER)
1.

Public Hearing - Special Exception Permit Application by Laurie Pearson to
construct 20 small short-term residencies and common space accessory buildings
(Election District 1)

2.

Public Hearing - Consideration of a Battery Energy Storage Siting Agreement with
Terraform Power for the Mitchell Energy Center (Election District 7)

3.

Public Hearing - To Consider Proposed Amendments to the Mecklenburg County
Zoning Ordinance

VDOT
1.

Deed of Dedication to VDOT on Highway 92 (Election District 2)

2.

Monthly Report (Brad Rogers)

NEW BUSINESS
1.

Public Hearing - Voluntary Boundary Adjustment Agreement with the Town of
South Hill for Parcel Record Number 37721 (Election District 5)

2.

SVVFA Regional School - South Hill Volunteer Fire Department

3.

Emergency Services Committee Report (Mr. Hargrove)

PUBLIC COMMENT
(please limit comments to three minutes or less)

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I.

COUNTY ADMINISTRATOR'S REPORT
1.

Drought Response Ordinance Discussion

2.

Staff Reports

J.

CONSENT CALENDAR

K.

BOARD MEMBER MATTERS

L.

ADJOURNMENT

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Mecklenburg County
P.O. Box 307 - Boydton, Virginia 23917

STAFF REPORT
Minutes
For Board of Supervisors Meeting On: October 13, 2026
Prepared By: - Jenny Whittemore
Suggested Action:
*
Attachments:
2026-9-14 Board Minutes.pdf

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Board of Supervisors, September 14, 2026
A meeting of the Board of Supervisors was held in and for the County of Mecklenburg on
September 14, 2026, at 7:00 p.m. in the Board of Supervisors meeting room of the Goode Bank
Building.
A)
CALL TO ORDER
MEMBERS PRESENT: James Jennings, Andy Hargrove, Claudia Lundy, David Brankley,
Sterling Wilkinson, Brenda Blackwell, Kirk Gravitt, and Dennis Spence
MEMBERS ABSENT: Tom Tanner
B)

PLEDGE TO THE FLAG

C)

APPROVAL OF AGENDA

Upon motion of Claudia Lundy, the Board voted unanimously to approve. James Jennings, Andy
Hargrove, Claudia Lundy, David Brankley, Sterling Wilkinson, Brenda Blackwell, Kirk Gravitt,
Dennis Spence voted 'aye'.
D)

APPROVAL OF MINUTES

D.1)

August 10, 2026

2026-8-10 Board Minutes.pdf
Upon motion of Andy Hargrove, the Board voted unanimously to approve. James Jennings, Andy
Hargrove, Claudia Lundy, David Brankley, Sterling Wilkinson, Brenda Blackwell, Kirk Gravitt,
Dennis Spence voted 'aye'.
E)

PLANNING AND ZONING (LUCKY CARSON/JOSH TANNER)

E.1)

Special Exception Permit Application by Carolyn W. Evans to construct a 2-RV-site
campground (Election District 8)

Carolyn_Evans_application.pdf
Carolyn Evans addressed concerns raised by neighboring property owners regarding potential
impacts on property values and the character of the subdivision. She stated that she owns the
subdivision and additional property she intends to develop and would not pursue an activity she
believed would negatively affect surrounding property values. She noted that three lots are
currently under contract and that the prospective buyer is aware of her proposed RV use.
Ms. Evans explained that the subdivision contains 23 lots and currently has approximately six
homes, noting that additional development and neighbors should be expected over time. She
clarified that the proposed RV area would be located on her separate 10.5-acre agricultural
property, which is adjacent to but not part of the subdivision. She stated that the property is
situated so the RVs would be tucked away and would not obstruct neighboring views. She also
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explained that the subdivision covenants prohibit RVs on subdivision lots, but those restrictions
do not apply to her separate property.
The public hearing was opened.
Susan Hundley spoke in opposition to the application on behalf of herself and neighboring
property owner. She stated that the area is rural and that property owners have made significant
investments in their properties. She expressed concern that the proposed RV use could negatively
affect property values and the character of the surrounding area. Ms. Hundley also discussed the
nearby Munford Trail, noting its connection to the Rails-to-Trails project and its frequent use by
horseback riders, including herself. She stated that the proposed RV area would be visible from
portions of the trail and expressed concern about RVs being located near the trail, lake, and
surrounding properties. Ms. Hundley noted that she and her family own additional property in
the area and reiterated her opposition to the application.
Lee Sutphin spoke in opposition to the application. He stated that he and his brother own
adjoining property and had previously supported Ms. Evans’ plans to construct a second home on
the property. He expressed concern that an RV campground is not appropriate for the area and
that approval of two RV sites could lead to additional sites in the future, potentially impacting
neighboring properties.
Hobert Orton spoke in opposition to the application, expressing concerns about the management
and supervision of the proposed RV sites. The speaker also expressed concern that the number of
RV sites could increase in the future and negatively impact the neighborhood and surrounding
property owners.
Kate Orton opposed the application, noting that restrictive covenants were established to
maintain the value and character of the Greenwood Point subdivision, while Ms. Evans’
adjoining 10-acre property was excluded from those covenants. The speaker expressed concern
that the proposed RV sites, and possible future expansion, could negatively affect the
neighborhood and its established community.
Wendy Smith opposed the application and reviewed the layout of the Greenwood Point
subdivision and Ms. Evans’ adjoining 10-acre parcel. She noted that a requested site plan
showing the proposed RV locations had not been provided and expressed concerns regarding the
management of the subdivision and homeowners association, as well as the potential impact of
the proposed RV sites on surrounding properties.
Mack Clark opposed the application and expressed concern that letters submitted by neighboring
property owners were not included in the Planning Commission’s meeting materials due to a
reported computer issue. He requested that the Board consider the submitted letters and deny the
application.
Brian Wrenn, an original full-time resident of Greenwood Point, spoke in opposition to the
application. He noted that their property borders the Munford Trail and that they are in the
process of purchasing two additional lots in the subdivision.

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Tara Edwards spoke in opposition to the application, expressing concerns about increased traffic
and safety on the gravel, dead-end road. She also raised concerns regarding emergency access
and preserving the rural character of the area.
Carolyn Evans responded to concerns raised by neighboring property owners, clarifying that she
is a full-time resident and that the proposal is limited to two RV sites intended primarily for
professional tenants. She stated that she does not anticipate significant additional traffic, has no
intention of adding more RV sites in the future, and would discontinue the use if problems arose.
The public hearing was closed.
Mr. Brankley noted that while the application appears to meet applicable zoning requirements, he
also considered the concerns of surrounding property owners. He referenced the subdivision’s
restrictive covenants prohibiting RV sites and noted that although Ms. Evans’ 10-acre parcel is
not subject to those covenants, it adjoins the subdivision.
Upon motion of David Brankley, the Board voted unanimously to deny the application by
Carolyn Evans. James Jennings, Andy Hargrove, Claudia Lundy, David Brankley, Sterling
Wilkinson, Brenda Blackwell, Kirk Gravitt, Dennis Spence voted 'aye'.
F)

PUBLIC
HEARING
ON
PROPOSED
VOLUNTARY
BOUNDARY
ADJUSTMENT BETWEEN MECKLENBURG COUNTY AND THE TOWN OF
SOUTH HILL

F.1)

Voluntary Boundary Adjustment Agreement and authorize signing thereof on behalf of
Mecklenburg County

Cover Page
MountSinai-boundadjust.BOSresolution.pdf
MountSinai-boundadjust.agmt (002).pdf
MountSinai-boundadjust.platCORRECTED.pdf
MountSinai-PRN34553.affidavit.pdf
Mr. Gottschalk explained that the property owner, Mount Sinai/Carter Cat, requested that a
parcel being developed for a business expansion be incorporated into the Town of South Hill,
and the Town supports the request. He noted that the existing Carter Cat facility may be
considered for incorporation at a later date, with the goal of placing all related properties under
the same development regulations.
The public hearing was opened.
There was no public input.
The public hearing was closed.

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Upon motion of David Brankley, the Board voted unanimously to approve. James Jennings,
Andy Hargrove, Claudia Lundy, David Brankley, Sterling Wilkinson, Brenda Blackwell, Kirk
Gravitt, Dennis Spence voted 'aye'.
G)

VDOT (BRAD ROGERS)

G.1)

Report

Mecklenburg County Monthly Report - September 14, 2026.pdf
Mr. Gottschalk reported that VDOT representatives were attending the Town of South Hill
Council meeting to discuss a major roadway intersection improvement.
H)

LEGISLATIVE COMMITTEE MEETING (MR. BRANKLEY)

H.1)

Minutes

2026-8-17 Legislative Minutes.pdf
The Legislative Committee met on Monday, August 17, 2026, at 5:00 p.m. in the Board of
Supervisor’s Conference Room, Boydton, Virginia.
MEMBERS PRESENT: David Brankley, Chairman; Claudia Lundy
OTHERS PRESENT: Jim Jennings, Sterling Wilkinson, Tom Tanner; Kirk Gravitt, Lucky
Carson, Planning Administrator; Josh Tanner, Zoning Administrator; Lisa Wagstaff,
Commissioner of the Revenue; Taylor Clarke, Extension Agent; Alex Gottschalk, County
Administrator: Judy Sheffield, Assistant County Administrator; Jenny Whittemore, Clerk
Chairman Brankley called the meeting to order.
Jeremy Goldstein and Rachel Falkenstein with 3TP/Line and Grade presented on rural
preservation approaches and the County’s agricultural land. The presentation reviewed A-1
parcels, development trends, and several regulatory and non-regulatory tools that could be used
to preserve rural land. Options discussed included increasing minimum A-1 lot sizes, rural
cluster development, limiting development rights, use of A-C zoning, and other preservation
programs. Recommendations included focusing preservation efforts on larger agricultural parcels
that may be vulnerable to development, particularly along major roadways, and further
evaluating the County’s rural resources and preservation options through additional planning and
stakeholder input.
The Committee also reviewed several proposed refinements to the County’s zoning ordinance.
Topics included accessory structures and setbacks, lake lots, building height, special event
permits, food truck and home occupation standards, temporary construction facilities, and
emergency access requirements for battery storage and solar facilities. Recommended changes
were presented to clarify existing requirements and address issues identified through
administration of the ordinance, including revisions to special event permit requirements and

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associated camping regulations. Staff recommended scheduling the ordinance refinement items
for the required Planning Commission and Board of Supervisors public hearings.
There being no further business, the meeting was adjourned.
H.2)

Resolution to Refer Additional Zoning Amendments to the Planning Commission

A Resolution to Refer Additional Zoning Amendments to the Planning Commission.pdf
Upon motion of David Brankley, the Board voted unanimously to approve adopting the
following resolution. James Jennings, Andy Hargrove, Claudia Lundy, David Brankley, Sterling
Wilkinson, Brenda Blackwell, Kirk Gravitt, Dennis Spence voted 'aye'.
A Resolution to Refer Additional Zoning Amendments to the Planning Commission
Whereas, on May 11, 2026, the Mecklenburg County Board of Supervisors adopted a new
Zoning Ordinance for Mecklenburg County, which became effective on July 1, 2026;
Whereas, the Board also requested a zoning ordinance review work session, to evaluate the
initial effectiveness of the new Ordinance, and to determine if any legislative corrections were
necessary and prudent;
Whereas, this session was held by the Board’s Legislative Committee on August 17, 2026;
Whereas, the Legislative Committee identified several desired modifications, additions, and
technical corrections to the Zoning Ordinance that it wished for the Planning Commission to
evaluate; and
Whereas, the Legislative Committee recommended that the Board of Supervisors refer these
items to the Planning Commission for the Commission’s consideration at its September session.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS FOR
MECKLENBURG COUNTY THAT:
1. Pursuant to the provisions of Section 15.2 -2286(A)(7)(i) of the Code of Virginia, the
Mecklenburg County Board of Supervisors hereby directs that Planning Commission, at its
September 17, 2026 meeting, evaluate amendments drafted by the County’s planning consulting
firm and advertised on September 2 and 9, 2026 in the Mecklenburg Sun and posted online at
meck44.com to the currently adopted Zoning Ordinance.
2. The amendments that should be evaluated by the Commission shall include:
a. Emergency requirements for farm structures exempt from the Uniform Statewide
Building Code;
b. Clarifications for when Special Events Permits apply and the standards for such Events;
c. An increase in the period of validity for granted variances from one to two years;
d. Removal of requirements that accessory structures must only be equal to or behind a
principal structure in zoning districts;

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e. Reduce the minimum side and rear setback for accessory structures in the A-1, R-1, and
R-2 zoning classifications to five feet;
f. Modification of the by-right height status in the R-3 and PUD zoning classifications from
ten to five stories, with a story count above five to a maximum of ten becoming
considered for approval only by special exemption permit;
g. Revision of the standards for food trucks;
h. Allowance of certain business vehicles and trailers to be parked at residences;
i. The addition of a definition for “Major Recreational Equipment”; and
j. Numbering and citation modifications.
3. The Planning Commission shall submit a report of the comments of the public and the
Commission on September 17, 2026, and any action subsequently taken by the Commission, to
the Board for the Board’s consideration on October 13, 2026.
I)

PROPERTY COMMITTEE REPORT (MR. WILKINSON)

The Property Committee met on Monday, September 14, 2026, at 5:15 pm in the Board of
Supervisors Conference Room.
Members present: Sterling Wilkinson, Chair; David Brankley, Claudia Lundy, Andy Hargrove
and Dennis Spence
Also present: Jim Jennings, Brenda Blackwell, Kirk Gravitt, Alex Gottschalk, Judy Sheffield,
Jenny Whittemore, Marsha Seamans, Justin Burch
Chairman Wilkinson called the meeting to order.
Mr. Gottschalk reviewed a proposal for architectural design services for Emergency Services
Station Four in Clarksville.
Upon a motion of Mr. Brankley, the Committee recommends that the Board of Supervisors,
pursuant to Section 2.2 – 4302.2.A.4. of the Code of Virginia, award architectural design services
for Emergency Services Station Four in Clarksville to DJG, Inc., contingent upon the successful
negotiation of a contract. The Committee further recommends that the County Administrator and
County Attorney be authorized to negotiate and enter into a contract on behalf of the County for
such services, should such contract terms be deemed fair and reasonable by the County
Administrator and County Attorney. The Committee recommends that such contract shall not
exceed $484,200.
Mr. Gottschalk provided an update regarding the Public Safety Building Project. He stated that a
small parcel of land needed for the project is currently owned by Roanoke River Rails to Trails.
The organization has agreed to sell the property to the County for a total cost of $1,459, which
includes a $250 application fee.
Upon a motion Mr. Hargrove, the Committee recommends that the Board of Supervisors adopt a
resolution to accept title to the 0.088 acre being conveyed by deed from the Roanoke River Rails
to Trails, Inc.
Mr. Gottschalk provided the Committee with a brief overview on the Public Safety Building
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Project.
There being no further business, the meeting was adjourned.
Upon motion of Sterling Wilkinson, the Board voted unanimously to approve adopting the
attached resolution. James Jennings, Andy Hargrove, Claudia Lundy, David Brankley, Sterling
Wilkinson, Brenda Blackwell, Kirk Gravitt, Dennis Spence voted 'aye'.
Resolution
Whereas, pursuant to Section 2.2 – 4302.2.1. of the Code of Virginia, Mecklenburg County
issued a Request for Proposals for architectural design services for Clarksville Emergency
Services Station Four on May 19, 2026, and the period for submission of said proposals closed
on June 16, 2026;
Whereas, finalist firm interviews occurred on June 30, 2026;
Whereas, the Property Committee deferred action at their July 13, 2026 meeting; and
Whereas, the Property Committee, at their September 14, 2026 meeting, recommended to the
Board of Supervisors that the County select DJG, Inc. to provide architectural design services for
this project.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS THAT:
1. Pursuant to Section 2.2 – 4302.2.A.4. of the Code of Virginia, the Board hereby awards
architectural design services for Emergency Services Station Four in Clarksville to DJG, Inc.,
contingent upon the successful negotiation of a contract between the County and DJG, Inc.
2. The County Administrator and County Attorney are hereby authorized to negotiate and enter
into a contract on behalf of the County for said architectural design services, should such
contract terms be deemed fair and reasonable by the County Administrator and County Attorney.
3. The contract shall not exceed $484,200.
Upon motion of Sterling Wilkinson, the Board voted unanimously to approve adopting the
attached resolution to accept title to the 0.088 acre being conveyed by deed from the Roanoke
River Rails to Trails, Inc. James Jennings, Andy Hargrove, Claudia Lundy, David Brankley,
Sterling Wilkinson, Brenda Blackwell, Kirk Gravitt, Dennis Spence voted 'aye'.
Resolution
IT IS HEREBY RESOLVED by the Mecklenburg County Board of Supervisors as follows:
a. That the County accepts title to the 0.088 acre (portion of PRN 32064) being conveyed
by deed from Roanoke River Rails to Trails, Inc. (“RRRT”), dated August 21, 2026, by
which deed said 0.088 acre is consolidated with the 17.295 acres (PRN 40145) parcel on
which the new Public Safety Building is being constructed, as shown on a plat made by
Timmons Group, dated August 19, 2026;
b. That the Board authorizes payment of the sum of $1,459.00 to RRRT;

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c. That the aforesaid plat made by Timmons Group is to be signed on behalf of the County
prior to recordation thereof;
d. That the County Administrator is authorized to sign the deed from RRRT to acknowledge
the County’s responsibility to repair damage to RRRT property as a result of the County’s
construction project; and
e. That the County Administrator is authorized to sign a Certificate of Acceptance to be
attached to the deed from RRRT.
J)

BUDGET & FINANCE COMMITTEE (MR. HARGROVE)

The Budget & Finance Committee met on Monday, September 14, 2026, at 5:30 p.m. in the
Board of Supervisors Meeting Room.
MEMBERS PRESENT: Andy Hargrove, Chairman; David Brankley; Sterling Wilkinson,
Brenda Blackwell
ALSO PRESENT: Jim Jennings; Claudia Lundy; Kirk Gravitt; Dennis Spence; Alex Gottschalk,
County Administrator; Judy Sheffield, Assistant County Administrator; Marsha Seamans,
Treasurer; Lisa Wagstaff, Commissioner of the Revenue; Jenny Whittemore, Clerk
The Chairman called the meeting to order.
At the conclusion of each Fiscal Year, all Mecklenburg County Budget Funds are evaluated to
ensure that their actual expenditures during the year do not exceed their budgeted appropriations.
If a Fund is found to have expenditures that exceed appropriations, adoption of a budget
amendment to support this expenditure is necessary. These amendments, to bring the funds back
into balance, are brought before the September Budget and Finance Committee Meeting for
approval, along with an explanation for the spending.
The Committee reviewed the following budget amendments. Fund 108 – School Capital $48,060
Fund 115 – New School Elementary $26,253 Fund 126 and 127 – Project Life Saver and Public
Awareness $11,869 Fund 160 – Rescue Squad Fund $387,535 Fund 206 – Equipment
Replacement Fund $360,549 Fund 208 – Children’s Services Act Fund $591,890 Fund 230 –
Drug Forfeiture - CWA Fund $13,890 Fund 232 – Drug Forfeiture - Commonwealth Fund
$12,737 Fund 241 – School Fund $0 (net) Fund 242 – School Food Fund $633,455.47 Fund 706
– Law Library Fund $15,236
Upon a motion of Mr. Brankley, the Committee recommends to the Board of Supervisors that
they approve the following Fiscal Year 2025-26 Budget Close-out items.
$48,060 is hereby appropriated, with revenues from fund balance increased accordingly, in the
Fiscal Year 2025-26 Budget to the School Capital Fund (#108) for the replacement of South Hill
Elementary classroom floors.
$26,253 is hereby appropriated, with revenues from fund balance increased accordingly, in the
Fiscal Year 2025-26 Budget to the New School Elementary Fund (#115) for La Crosse
Elementary site development.

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$10,236 is hereby appropriated, with revenues from fund balance increased accordingly, in the
Fiscal Year 2025-26 Budget to the Sheriff’s Public Awareness Fund (#127) for law enforcement
related purposes. $146 is hereby transferred in the Fiscal Year 2025-26 Budget from the Sheriff’s
Public Awareness Fund to the Project Life Saver Fund (#126) for the purchase of equipment.
$146 is hereby appropriated, with revenues from transfers in increased accordingly, in the Fiscal
Year 2025-26 Budget to the Project Life Saver Fund (#126) for the purchase of equipment.
$1,633 hereby appropriated, with revenues from fund balance increased accordingly, in the
Fiscal Year 2025-26 Budget to the Project Life Saver Fund (#126) for the purchase of equipment.
$387,535 is hereby appropriated, with revenues from fund balance increased accordingly, in the
Fiscal Year 2025-26 Budget to the Rescue Squad Fund (#160) for the acquisition of a new
ambulance.
$360,549 is hereby appropriated, with revenues from fund balance increased accordingly, in the
Fiscal Year 2025-26 Budget to the Equipment Replacement Fund (#206) for the acquisition of a
replacement waste collection vehicle.
$440,626 in revenue from the Virginia Office of Children’s Services is hereby accepted, with
revenue from the Commonwealth increased accordingly, in the Fiscal Year 2025-26 Budget of
the Children’s Services Act Fund (#208). $10,966 in revenue from local collection is hereby
estimated, with revenue from charges for services increased accordingly, in the Fiscal Year 202526 Budget of the Children’s Services Act Fund. $140,298 is hereby estimated, with revenues
from fund balance increased accordingly, in the Fiscal Year 2025-26 Budget of the Children’s
Services Act Fund (#208). $591,890 is hereby appropriated in the Fiscal Year 2025-26 Budget to
the Children’s Services Act Fund (#208) for payments related to individuals enrolled in programs
eligible for Children’s Services Act services.
$4,563 is hereby appropriated, with revenues from settlements estimated accordingly, in the
Fiscal Year 2025-26 Budget to the Drug Forfeiture – Commonwealth Fund (#232).
$9,327 is hereby appropriated, with revenues from fund balance increased accordingly, in the
Fiscal Year 2025-26 Budget to the Drug Forfeiture – Commonwealth’s Attorney Fund (#208) for
further employee educational opportunities.
$12,737 is hereby appropriated, with revenues from settlements estimated accordingly, in the
Fiscal Year 2025-26 Budget to the Drug Forfeiture – Commonwealth Fund (#232) to make
payment to the Commonwealth of Virginia.
$1,759,000 is hereby transferred within the School Fund (#241) of the Fiscal Year 2025-26
Budget as follows: 1. $600,000 is hereby transferred from Instruction to Transportation. 2.
$701,000 is hereby transferred from Instruction to Maintenance. 3. $388,000 is hereby
transferred from Instruction to Technology. 4. $70,000 is hereby transferred from Administration
to Technology.
$172,576 in additional revenues from the federal government in the Fiscal Year 2025-26 Budget
to the School Food Fund (#242) for further reimbursements for school breakfast. $38,152 in
increased revenues from local collections is hereby estimated in the Fiscal Year 2025-26 Budget
to the School Food Fund (#242) for purchases of school food. $422,728 in revenues from fund
balance is hereby estimated in the Fiscal Year 2025-26 Budget to the School Food Fund (#242)
for the cost of school food. $633,456 is hereby appropriated in the Fiscal Year 2025-26 Budget to
the School Food Fund (#242) for the cost of school food.
$5,236 in revenues from fees is hereby estimated and increased in the Fiscal Year 2025-26
Budget of the Law Library Fund (#706). $10,000 in revenues from fund balance is hereby
estimated in in the Fiscal Year 2025-26 Budget of the Law Library Fund (#706). $15,236 is
hereby appropriated in the Fiscal Year 2025-26 Budget to the Law Library Fund (#706) for
additional materials.

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Mr. Gottschalk reviewed the following Budget Amendments for Fiscal Year 2026-27
Fund 100 - General Fund – Fire Grants Fund 100 - General Fund – Fire Apparatus Fund 241 School Fund – Commonwealth Budget Actions
Upon a motion of Ms. Blackwell the Committee recommends to the Board that they approve the
following Fiscal Year 2026-27 Budget Amendments. $279,447 is hereby accepted from the
Virginia Department of Fire Programs and appropriated, with revenues from the Commonwealth
increased accordingly, within the General Fund of the Fiscal Year 2026-27 Budget (#100) for the
purchase of turnout gear for the County fire departments and the expansion of the burn building
at the Mecklenburg – Brunswick Fire Training Center. $100,000 is hereby transferred from the
Multi-Purpose Reserve of the General Fund (#100) of the Fiscal Year 2026-27 Budget to the
Support for Fire Organizations within the General Fund (#100) for the purchase of a surplus fire
engine from the Palmer Springs Fire Department. $711,037 is hereby accepted from the Virginia
Department of Education and estimated within the School Fund (#241) of the Fiscal Year 202627 Budget (#100). $526,246 is hereby appropriated within the School Fund (#241) of the Fiscal
Year 2026-27 Budget for instructional expenses. $35,500 is hereby appropriated within the
School Fund (#241) of the Fiscal Year 2026-27 Budget for administration expenses. $64,000 is
hereby appropriated within the School Fund (#241) of the Fiscal Year 2026-27 Budget for
transportation expenses. $56,880 is hereby appropriated within the School Fund (#241) of the
Fiscal Year 2026-27 Budget for maintenance expenses. $28,411 is hereby appropriated within the
School Fund (#241) of the Fiscal Year 2026-27 Budget for technology expenses. There being no
further business, the meeting was adjourned.
Upon motion of Andy Hargrove, the Board voted unanimously to approve the above referenced
Fiscal Year 2025-26 Budget Close-Out items. James Jennings, Andy Hargrove, Claudia Lundy,
David Brankley, Sterling Wilkinson, Brenda Blackwell, Kirk Gravitt, Dennis Spence voted 'aye'.
Upon motion of Andy Hargrove, the Board voted unanimously to approve the above referenced
Fiscal Year 2026-27 Budget Amendments. James Jennings, Andy Hargrove, Claudia Lundy,
David Brankley, Sterling Wilkinson, Brenda Blackwell, Kirk Gravitt, Dennis Spence voted 'aye'.
K)

NEW BUSINESS

K.1)

Appoint Ms. Betty Adams to serve a term on the Southside Behavioral Health Board of
Directors

recommendation from SBH.pdf
Dr Betty H Adams bio.pdf
Upon motion of David Brankley, the Board voted unanimously to approve an appointment of
Betty Adams to serve a term on the Southside Behavioral Health Board of Directors. James
Jennings, Andy Hargrove, Claudia Lundy, David Brankley, Sterling Wilkinson, Brenda
Blackwell, Kirk Gravitt, Dennis Spence voted 'aye'.
K.2)

Re-appoint Mr. Mike Denton to serve another term on the Mecklenburg/Brunswick
Regional Airport Commission

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Upon motion of Kirk Gravitt, the Board voted unanimously to approve the re-appointment of
Mike Denton to serve another term on the Mecklenburg/Brunswick Regional Airport
Commission. James Jennings, Andy Hargrove, Claudia Lundy, David Brankley, Sterling
Wilkinson, Brenda Blackwell, Kirk Gravitt, Dennis Spence voted 'aye'.
K.3)

Re-appoint Mrs. Gail Moody to serve another term on the Mecklenburg/Brunswick
Regional Airport Commission

Upon motion of Andy Hargrove, the Board voted unanimously to approve the re-appointment of
Gail Moody to serve another term on the Mecklenburg/Brunswick Regional Airport
Commission. James Jennings, Andy Hargrove, Claudia Lundy, David Brankley, Sterling
Wilkinson, Brenda Blackwell, Kirk Gravitt, Dennis Spence voted 'aye'.
K.4)

Re-appoint Mr. Charles Reamy to serve another term on the Mecklenburg County
Planning Commission

Upon motion of David Brankley, the Board voted unanimously to approve the re-appointment of
Charles Reamy to serve another term on the Mecklenburg County Planning Commission. James
Jennings, Andy Hargrove, Claudia Lundy, David Brankley, Sterling Wilkinson, Brenda
Blackwell, Kirk Gravitt, Dennis Spence voted 'aye'.
K.5)

Re-appoint William Harris to serve another term on the Industrial Development
Authority

Upon motion of Andy Hargrove, the Board voted unanimously to approve the reappointment of
William Harris to serve another term on the Industrial Development Authority. James Jennings,
Andy Hargrove, Claudia Lundy, David Brankley, Sterling Wilkinson, Brenda Blackwell, Kirk
Gravitt, Dennis Spence voted 'aye'.
K.6)

Re-appoint Corrine Walker to serve another term on the Local Board of Social Services

Upon motion of Claudia Lundy, the Board voted unanimously to approve the reappointment of
Corrine Walker to serve another term on the Local Board of Social Services. James Jennings,
Andy Hargrove, Claudia Lundy, David Brankley, Sterling Wilkinson, Brenda Blackwell, Kirk
Gravitt, Dennis Spence voted 'aye'.
L)

PUBLIC COMMENT

Patrice Oliver expressed concerns about vehicles failing to stop for school buses along Highway
One. She requested that the County consider the use of school bus stop-arm cameras to improve
student safety and help address repeated violations.
M)

COUNTY ADMINISTRATOR’S REPORT

M.1)

FY26-27 Community Services Performance Contract
Link

to

full

document

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Alex Gottschalk explained that the Code of Virginia requires local governing bodies to approve
the annual Behavioral Health Authority performance contract, which outlines responsibilities and
funding between the Commonwealth and local behavioral health agencies. He noted that the
County had already committed to the required local funding match and requested authorization
for the Authority to enter into the contract.
Upon motion of Sterling Wilkinson, the Board voted unanimously to approve. James Jennings,
Andy Hargrove, Claudia Lundy, David Brankley, Sterling Wilkinson, Brenda Blackwell, Kirk
Gravitt, Dennis Spence voted 'aye'.
M.2)

Staff Reports

building permits.pdf
Zoning.pdf
Animal Control.pdf
New Hire Report September2026.pdf
Economic Development.pdf
911 Call Summary FY26-27.pdf
911 Monthly Report.pdf
EMS update.pdf
EMS.jpeg
EMS Billing.pdf
N)

CONSENT CALENDAR

Upon motion of Andy Hargrove, the Board voted unanimously to approve. James Jennings, Andy
Hargrove, Claudia Lundy, David Brankley, Sterling Wilkinson, Brenda Blackwell, Kirk Gravitt,
Dennis Spence voted 'aye'.
O)

BOARD MEMBER MATTERS

Mr. Spence commented on the importance of religious faith in public life and encouraged
citizens to remain engaged and exercise their right to vote. He shared his views regarding the
three proposed Virginia constitutional amendments on reproductive rights, marriage equality, and
restoration of voting rights, and also expressed concerns regarding how the September 11
terrorist attacks are taught in schools.
Mr. Wilkinson reflected on the 25th anniversary of September 11, emphasizing the importance of
teaching history factually and remembering the impact of the attacks. He also expressed his
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satisfaction with the progress of the Public Safety Building and said he looked forward to seeing
the project continue.
Ms. Blackwell discussed safety concerns along Highway One related to school bus stops and
passing vehicles. She asked about possible roadway improvements or temporary safety measures
and requested that staff contact VDOT to express the County’s concerns about the area and
explore potential solutions to protect students.
Mr. Gravitt asked whether sunset or expiration clauses could be included in special exception
permits, particularly for short-term uses. He discussed the possibility of establishing expiration
dates that would require applicants to seek a new approval, rezoning, or reclassification if the use
continued beyond the approved period.
Mr. Gottschalk clarified that special exception permits may include time restrictions or require
the matter to return to the Board for review, particularly for short-term projects. He noted that the
appropriate expiration period would depend on the specific type and duration of the proposed
use. He also noted that permits that are granted for which no development activity ultimately
occurs automatically expire.
Mr. Gravitt expressed concern that projects approved as short-term uses may ultimately become
long-term and suggested considering time limits or commencement requirements for special
exception permits. He noted that such measures could help the County better manage multiple
similar projects within the same area and address potential impacts on surrounding residents.
Mr. Brankley reported on a recent visit to a battery energy storage facility in Sussex County with
Josh and Lucky. He said the visit provided an opportunity to see the facility firsthand, learn about
its construction and safety measures, and ask questions of Dominion representatives. He noted
that he was impressed with the facility while clarifying that his comments did not indicate
support for or opposition to a proposed project. He also addressed what he described as
misinformation regarding water use associated with battery storage facilities and Microsoft
facilities, noting that Microsoft does not dig wells at these locations and that water is supplied by
the Roanoke River Service Authority. Lastly, he reflected on the 25th anniversary of September
11 and shared a quote about returning to the sense of unity experienced following the attacks.
Mr. Hargrove expressed continued concern regarding school bus safety and emphasized the
importance of taking action before a serious incident occurs. He noted the difficulty bus drivers
face in identifying vehicles that illegally pass stopped buses and encouraged VDOT and the
Sheriff’s Office to explore possible safety measures. He also asked whether permits are required
when veterans’ organizations construct handicap-accessible ramps for veterans.
Mr. Jennings reported on the low water level at the lake and asked about potential water-use
restrictions. It was explained that the County is currently under voluntary conservation measures
and that restrictions would become mandatory if the lake reaches 288, with a targeted water-use
reduction of approximately 10–15%. He also noted that the low water level presents an
opportunity for property owners to remove stumps and debris around docks and shorelines, if
permitted.

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He recognized the 25th anniversary of September 11 and reflected on the heroic actions of those
aboard the planes who communicated information to people on the ground, noting that their
actions likely helped save lives.
He also discussed the additional holiday granted on the Friday before Labor Day and jokingly
asked whether the Commonwealth would reimburse the County for employee salaries for that
day. He noted that Virginia law allows local governments to establish their own holidays and
expressed his belief that the County already provides a generous holiday schedule. He stated that
the matter could be revisited in January.
P)

ADJOURNMENT

________________________________
Chairman
________________________________
Clerk

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Mecklenburg County
P.O. Box 307 - Boydton, Virginia 23917

STAFF REPORT
Public Hearing - Special Exception Permit Application by Laurie Pearson to construct 10 small
short-term residencies and common space accessory buildings (Election District 1)
For Board of Supervisors Meeting On: October 13, 2026
Prepared By: - Jenny Whittemore
Suggested Action:
*
Information from Committee or Commission:
Action of the Planning Commission:
Upon a motion of Mr. Watson, and seconded by Charles P. Reamy, the Commission voted to
deny the application for the following recommendation/condition: The project did not fit with
the characteristics of the surrounding agricultural and farming community. Jerome Watson,
Charles P. Reamy, Derperdine Webster, Deloris Simmons, and Reginald Arrington voted 'aye'
Randy Crocker, Mark Warren and Debra Crowder voted 'no'.
Attachments:
Donald_Wilson_and_Laurie_Pearson_application.pdf
Donald_Wilson_and_Laurie_Pearson_GIS.pdf
Faireborough_Supplemental_Project_Narrative_.pdf
Laurie_Pearson_soil_work_letter.pdf
letter_against_application.pdf
Letters_of_Support.pdf

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The Faireborough at Shiney Rock
2407 Union Chapel Road, Buffalo Junction, Virginia 24529
Supplemental Project Narrative Prepared for
The Mecklenburg Planning & Zoning Commission
and the
County Board of Supervisors
by Laurie Pearson, PhD
September 1, 2026

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Table of Contents
The Faireborough at Shiney Rock ..................................................................................................1
PROJECT OVERVIEW.................................................................................................................3
PROPERTY & SITE DESIGN ........................................................................................................3
TRAFFIC & ROAD IMPACT ..........................................................................................................5
VDOT REVIEW .......................................................................................................................7
NEIGHBORING AGRICULTURE ..................................................................................................7
AGRITOURISM AND THE RURAL ECONOMY ...............................................................................8
NOISE & LIGHTING ...................................................................................................................8
WATER & SEPTIC ......................................................................................................................9
SAFETY & EMERGENCY ACCESS ...............................................................................................9
OPERATIONS & MANAGEMENT ............................................................................................... 10
PRESERVING RURAL CHARACTER........................................................................................... 10
TOURISM & ECONOMIC BENEFIT ............................................................................................ 11
SUPPORTING MECKLENBURG COUNTY'S INITIATIVES ............................................................. 13
PROJECT SUPPORT................................................................................................................. 13
A CAREFULLY MANAGED PROJECT .......................................................................................... 15
CONCLUSION ........................................................................................................................ 15

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PROJECT OVERVIEW
The Faireborough at Shiney Rock is a proposed small-scale, nature-focused hospitality
destination on approximately 95 acres of family property in Mecklenburg County.
The property has been in our family for more than 100 years, since it was purchased by
my great-great-grandparents in 1918. Our goal is not to fundamentally change this land,
but to find a way to preserve it while creating something that contributes positively to
Mecklenburg County.
Faireborough is envisioned as a small storybook, woodland village composed of
approximately 20 permanent, earth-sheltered cottages with living roofs. Rather than
conventional hotel buildings, RV sites, temporary structures, or a campground, the
cottages would be permanent structures designed to blend into the landscape.
The project would be developed in phases rather than appearing all at once. The intention
is to begin with a small number of cottages and expand gradually as demand, financing,
infrastructure, and County requirements allow.
Faireborough is not intended to operate as a large event venue, amusement attraction,
campground, or high-volume tourist destination. The primary use is overnight lodging in a
peaceful rural environment.
The experience is intentionally centered on the qualities that already make this property
special: woods, open land, quiet, nature, and the rural character of Mecklenburg County.
If you would like to see the property and the proposed cottage site, please feel free to view
this video: Property Walk. I also invite each of you to visit, at your convenience.

PROPERTY & SITE DESIGN
One of the greatest advantages of this property is its size.
Approximately 20 cottages built on 5-7 acres of a roughly 95-acre property represents an
extremely low-density use of the land. Even at full buildout, the cottages and supporting
improvements would occupy only a relatively small portion of the overall property.

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The primary cottage area is planned within an existing open area of the property, with
substantial woodland remaining around it. Rather than clearing the property for
development, the intention is to retain the woods, existing vegetation, and natural
separation wherever practical.
The architecture of the cottages themselves have also been selected specifically because
of their relationship to the landscape. Their low profiles, masonry construction, earthsheltered design, natural materials, and living green roofs allow them to visually recede
into their surroundings.
Buildings would be concentrated rather than scattered across all 95 acres. This approach
allows the majority of the property to remain open or wooded while reducing unnecessary
roads, clearing, infrastructure, and disturbance.
Natural vegetation and wooded areas would also provide separation between
Faireborough and adjoining properties.

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The objective is not to suburbanize the property. It is to place a very small hospitality use
within a very large rural property while retaining the characteristics that make the property
rural in the first place.
Because development will occur in phases, construction activity will likewise occur
incrementally rather than across the property at one time. Construction access, work
hours, erosion and sediment controls, and other temporary construction impacts will be
managed in accordance with applicable County and VDOT requirements and with
consideration for neighboring properties.

TRAFFIC & ROAD IMPACT
Faireborough is an overnight hospitality destination rather than a high-volume attraction
where large numbers of visitors arrive and leave throughout the day.
That distinction is important when considering traffic.
Research examining Virginia agritourism has found an average stay of approximately 2.5
nights among non-local visitors. Mecklenburg County tourism research has similarly
identified the County primarily as a weekend destination, with an average stay of
approximately 1.9 nights.
Using a 2.5-night average stay as a planning assumption, a fully developed Faireborough
with 20 occupied cottages would produce approximately eight cottage turnovers on an
average day:
20 occupied cottages ÷ 2.5 nights = approximately 8 cottage turnovers per day
Assuming one guest vehicle per cottage reservation, that equates to approximately:
8 arriving guest vehicles + 8 departing guest vehicles per day
This scenario assumes 100 percent occupancy of all 20 cottages, every night — an
intentionally conservative assumption. Actual average guest turnover would likely be
lower.

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At full buildout and even assuming 100% occupancy, we would expect only about eight
guest vehicles arriving and eight guest vehicles departing on an average day.
Guests would, of course, sometimes leave the property during their stay to eat, shop, visit
Kerr Lake, explore Clarksville, or visit other attractions. Those trips are separate from the
arrival/departure estimate.
But those trips also represent an important purpose of tourism development: encouraging
overnight visitors to patronize restaurants, stores, attractions, and other businesses
throughout Mecklenburg County.
An occupied Faireborough cottage therefore does not represent a new vehicle arriving
every day. The same guest vehicle may remain for two, three, or more nights.
In addition to these estimates, the project's entrance and potential traffic impacts have
been reviewed by the Virginia Department of Transportation (VDOT). Faireborough will
comply with applicable VDOT requirements for safe access, entrance design, sight
distance, and any other roadway improvements determined to be necessary through that
review.

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VDOT REVIEW
The Virginia Department of Transportation (VDOT) has formally reviewed Faireborough’s
special exception application and supplemental materials and has stated that it has no
objection to the proposed special exception.
VDOT determined that the project will require a commercial entrance constructed in
accordance with its applicable access-management standards, including demonstration
of 610 feet of sight distance at the proposed entrance location. Faireborough will comply
with these requirements as the project proceeds.
Most importantly, after reviewing the proposed use, VDOT expressed no objection to the
special exception.

NEIGHBORING AGRICULTURE
The property is located in an agricultural area, and we understand the importance of
ensuring that Faireborough can coexist with agricultural operations on surrounding
properties.
The project does not require access through neighboring farms and would not depend
upon neighboring property for its operation.
Guest activity would remain on Faireborough property, except when guests leave by the
established public-road access.
Appropriate fencing, signage, guest policies, natural buffers, and property boundaries will
be used to discourage guests from entering adjoining agricultural property.
Faireborough's operations can also be managed to minimize potential conflicts with farm
equipment and normal agricultural activity. All guest parking, circulation, and activities
would remain within the Faireborough property and guests would access the property
through its established entrance rather than through neighboring agricultural land. Guest
policies, signage, fencing and clearly defined property boundaries can further help ensure
that visitors remain on Faireborough property and do not interfere with adjoining farming
operations.
Importantly, guests would be coming to Faireborough specifically because it is rural.
Agricultural activity is not inconsistent with the experience being created; it is part of the
authentic rural environment surrounding the property.
Faireborough would not impede normal farming activities on neighboring land. Guests
would be informed that they are staying in a rural agricultural community where tractors,

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farm equipment, animals, agricultural odors, seasonal work, and other normal farming
activities may occur.
The intention is coexistence, not interference.

AGRITOURISM AND THE RURAL ECONOMY
Faireborough also has the potential to complement Mecklenburg County's agricultural
identity through small-scale agritourism activities appropriate to the property. Future
activities might include gardens or orchard plantings and harvestings, seasonal growing
activities, demonstrations or workshops centered on gardening, food, or traditional rural
skills, and opportunities for guests to learn about or purchase locally grown and produced
goods.
These activities could also create partnerships with existing Mecklenburg County farmers,
growers, food producers, artisans, and other rural businesses. Rather than attempting to
duplicate existing agricultural enterprises, Faireborough could introduce visitors to them
through locally sourced products, guest recommendations, collaborative experiences,
and visits to farms, markets, and other agritourism destinations throughout the County.
In this way, Faireborough's relationship with agriculture can extend beyond simply
avoiding interference with neighboring farms. The project has the potential to introduce
new visitors and new customers to Mecklenburg County's agricultural economy while
helping visitors develop a greater appreciation for the rural landscape and traditions they
have come to experience.

NOISE & LIGHTING
The character of Faireborough depends upon quiet. This is not incidental to the project —
it is part of the product being offered to guests. Faireborough is not proposed as a large
event venue, concert venue, nightclub, or entertainment complex. The primary activity is
overnight lodging. Guest policies will establish quiet hours and prohibit disruptive outdoor
activity.
Lighting would similarly be designed for a rural environment. Exterior lighting will be lowlevel, downward-directed, and limited to what is necessary for guest safety and
navigation. Dark-sky-sensitive lighting will help prevent unnecessary light from leaving the
property while preserving the nighttime environment that guests are coming to
experience.

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The surrounding woods, distance within the property, low-density site plan, guest
management policies, and nature of the use itself provide several layers of protection
against unreasonable noise or light impacts on neighboring properties.

WATER & SEPTIC
Water and wastewater infrastructure will be professionally designed and permitted before
development occurs.The project is being planned around the actual environmental and
engineering conditions of the property rather than attempting to force a predetermined
layout onto the land. Preliminary soil evaluation has already helped identify areas that are
suitable for conventional septic systems.
The development will utilize multiple appropriately designed septic and well systems
rather than relying upon a single system for the entire property. Engineered wastewater
alternatives will also be included, if required.
Final systems would be based upon professional engineering, soil evaluation, health
requirements, applicable regulations, and the number and location of cottages ultimately
approved for construction.
No cottage will be placed into operation without the required water and wastewater
approvals.
Because Faireborough will be phased, infrastructure can likewise be developed in a
controlled manner appropriate to each phase.

SAFETY & EMERGENCY ACCESS
Guest safety and emergency access are fundamental elements of the site-development
process. The entrance and internal access system will be designed to satisfy applicable
County and VDOT requirements.
Internal roads and access routes will be planned to accommodate emergency response
needs, including appropriate access for fire, rescue, and other emergency vehicles.
Buildings will be constructed under applicable building and fire codes and required
permitting and inspections will occur as each phase is developed.
The project will also incorporate clearly identified cottage numbers, property maps,
emergency information, designated access routes, appropriate fire-safety equipment, and
guest procedures.

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Because Faireborough is a professionally managed hospitality property rather than an
unmanaged recreational site, guest behavior and occupancy will be governed through
reservations, property rules, occupancy limits, and on-site management practices.

OPERATIONS & MANAGEMENT
Faireborough will be a professionally managed hospitality property rather than a
collection of independently operated short-term rentals. Our family intends to be actively
involved in the ownership and operation of Faireborough, working alongside an
experienced general manager responsible for day-to-day operations and guest services.
On-site operations will include oversight of guest arrivals and departures, property rules
and quiet hours, maintenance and housekeeping, grounds and cottage care, and prompt
response to guest or property concerns.
This structure will provide clear accountability for the operation of the property and help
ensure that Faireborough remains quiet, well-maintained, safe, and respectful of its
neighbors and surrounding rural community.

PRESERVING RURAL CHARACTER
Rural character is not something Faireborough must overcome. It is one of the project's
most important assets.
Guests are not being invited to Mecklenburg County to experience something urban. They
are being invited specifically because of the woods, open space, night sky, quiet,
landscape, and slower pace of a rural environment.
For that reason, preserving those qualities is also in Faireborough's business interest.
The project's low density, preservation of substantial woodland, concentrated
development area, low-profile architecture, living roofs, natural screening, limited exterior
lighting, and emphasis on nature all support that objective.
The County's current A-1 Agricultural District is intended in part to protect the County's
rural character, agrarian heritage, natural-resource base, and rural way of life.
Faireborough has been designed with those same qualities in mind.
This is not a proposal to cover rural acreage with conventional development. It is an
attempt to create economic value from a rural property while leaving the overwhelming
majority of that property rural.

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TOURISM & ECONOMIC BENEFIT
Faireborough has the potential to bring something particularly valuable to Mecklenburg
County: new overnight visitors.
Overnight visitors do not spend money only where they sleep.
They buy meals. They purchase groceries and fuel. They visit stores. They explore
downtowns. They participate in outdoor recreation. They visit attractions. They purchase
products from local businesses.
Faireborough is therefore intended to function not as an isolated destination but as a
gateway to the surrounding community.
Guests can be actively encouraged to visit Clarksville and other Mecklenburg
communities, patronize local restaurants and shops, enjoy Kerr Lake and outdoor
recreation, and purchase locally produced goods and services.
Opportunities also exist for partnerships with local businesses, food providers,
craftspeople, guides, farmers, artists, wellness providers, and other entrepreneurs. For
example, as a new member of the Clarksville Chamber of Commerce, we have already
begun conversations with local restaurants, shops, and other businesses about ways
Faireborough can support the local economy. Opportunities include creating guest
packages and special offers with area businesses, purchasing locally sourced furnishings,
décor, food, and other products for the cottages, and actively directing Faireborough
guests to local restaurants, shops, attractions, and services during their stay.
The project would create direct economic activity through lodging while creating indirect
economic activity through guest spending elsewhere in the County. It would also generate
lodging-related tax revenue and other local tax revenue without requiring the County to
operate the attraction itself.

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These figures represent lodging tax revenue. For comparison, Mecklenburg County
budgeted approximately $300,000 in total transient occupancy tax revenue for FY 2025–26.
This does not include potential sales taxes, meals, shopping, fuel, local vendors, or
property-related taxes.
Most importantly, Faireborough has the potential to attract visitors who might not
otherwise have selected Mecklenburg County as their destination.
The concept itself becomes the reason for the trip.
Once those guests are here, the entire County has an opportunity to benefit.

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SUPPORTING MECKLENBURG COUNTY'S INITIATIVES
While Faireborough may not have been conceived around County initiatives, as the
project has developed, its goals have proven to be remarkably consistent with priorities
Mecklenburg County has already identified for its future.
Mecklenburg 2044 Comprehensive Plan. Faireborough supports several of the County's
long-range goals, including the important objectives of maintaining Mecklenburg County's
rural nature while encouraging appropriate economic development. The project retains
the overwhelming majority of the approximately 95-acre property as woods and open
space, introduces a very low-density tourism use, encourages entrepreneurship and local
business activity, and creates another reason for visitors to stay overnight in Mecklenburg
County. Faireborough provides an example of how rural land can generate economic
activity without requiring conventional high-density development.
Outdoor Recreation and Tourism. Mecklenburg County has specifically identified
investment in outdoor recreation and tourism as an economic-development opportunity.
Faireborough complements the County's existing outdoor assets rather than competing
with them. Guests attracted by Faireborough would also be potential visitors to Kerr Lake,
local trails and parks, downtown Clarksville and other communities, restaurants, shops,
and recreational businesses throughout the County. Importantly, Faireborough
encourages overnight visitation rather than simply pass-through traffic, giving visitors both
a reason to choose Mecklenburg County and a reason to stay longer once they arrive.
Tourism Development Fund. The County's creation of a Tourism Development Fund
demonstrates an intentional effort to encourage tourism projects capable of generating
new overnight visitation and lodging-related tax revenue. Faireborough is particularly
aligned with that objective because overnight lodging is the project's primary use. Each
successful stay has the potential to generate lodging tax revenue while also creating
visitor spending elsewhere in the County.
Agritourism and the Rural Economy. Faireborough also has the potential to complement
Mecklenburg County's agricultural identity. Although lodging is the project's primary use,
guests could be connected with local farms, farm products, food producers, artisans,
markets, and other rural businesses. Locally produced foods and goods could be
incorporated into the guest experience, while visitors could be encouraged to explore
existing agricultural and rural attractions throughout the County.

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This creates an opportunity for tourism and agriculture to reinforce one another. Visitors
are attracted by the rural landscape and experience; their spending, in turn, can support
the people and businesses that help preserve that rural economy. Faireborough also
creates the potential for new local employment, entrepreneurship, and partnerships with
existing Mecklenburg County businesses.
Faireborough therefore sits at the intersection of several priorities Mecklenburg County
has already identified: preserving rural character, expanding tourism and outdoor
recreation, supporting local businesses and agriculture, increasing overnight visitation,
and generating new economic activity without requiring high-density development.
The project does not ask Mecklenburg County to choose between economic
development and rural character. Faireborough is designed around the idea that the two
can reinforce one another.

PROJECT SUPPORT
One of the most encouraging aspects of developing Faireborough has been the response
from people who see potential in the project.
•

County tourism and economic-development professionals have expressed interest
in seeing the project move forward and have helped identify ways it may
complement Mecklenburg County's tourism and economic-development efforts.

•

Local business owners and community members have responded positively to the
possibility of bringing additional visitors into the area.

•

Prospective guests from Virginia, and well beyond the Commonwealth, have
expressed interest in visiting Faireborough.

•

Hundreds of individuals have already made small financial commitments to
become founding guests, and thousands have joined the project's mailing list to
follow its development.

•

Letters and messages of support have described families, couples, travelers, and
groups who would make Mecklenburg County a destination specifically because
Faireborough exists.

That interest matters because it demonstrates something beyond enthusiasm for an idea.
It suggests that Faireborough may be capable of doing exactly what a successful tourismdevelopment project should do:
create a reason for people to come to Mecklenburg County who might
otherwise never have come here at all.

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Those visitors would not experience Faireborough in isolation. They would experience
Mecklenburg County. They would drive its roads, see its countryside, visit its towns, eat in
its restaurants, shop in its stores, enjoy Kerr Lake, meet its residents, and take their
impressions of the County home with them.
That is why we believe Faireborough can become more than a lodging business.
It can become another front door to Mecklenburg County.

A CAREFULLY MANAGED PROJECT
We understand that granting a special exception requires the County to consider not
simply whether a project is appealing, but whether it can operate responsibly in its
particular location.
That is why Faireborough has continued to evolve throughout this process.
Questions about traffic, agriculture, noise, lighting, wastewater, emergency access,
buffering, guest management, and neighboring properties are not being dismissed. They
are being incorporated into the planning of the project.
We are willing to work with Mecklenburg County on reasonable safeguards and
conditions that address legitimate land-use concerns while allowing the project to move
forward.
The request before the County is ultimately for permission to create a very low-density
hospitality use on approximately 95 acres while preserving the qualities of the property
that make the project possible in the first place.
•

Faireborough depends upon quiet.

•

It depends upon nature.

•

It depends upon rural character.

•

It depends upon being a good neighbor.

And it depends upon Mecklenburg County remaining the kind of place that visitors want
to come and experience.

CONCLUSION
My family has had the privilege of caring for this property for more than a century.
Faireborough offers an opportunity to carry that land into its next century without losing
what makes it special. The goal is not to turn 95 rural acres into something they are not.

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The goal is to preserve the woods, preserve the open space, preserve the character of the
property — and allow a small portion of it to create jobs, tax revenue, tourism activity,
opportunities for local businesses, and a new reason for visitors to discover Mecklenburg
County.
We respectfully ask the Mecklenburg County Board of Supervisors to approve the special
exception and allow us the opportunity to make that vision a reality. Thank you for your
kind attention.

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ENERGY FACILITY SITING AGREEMENT
This Energy Facility Siting Agreement (“Agreement”), dated as of
, 2026 (the
“Effective Date”), is by and between Mecklenburg County, Virginia, a political subdivision of the
Commonwealth of Virginia (“County”) and Company (“Applicant”). The County and Applicant are
herein each a “Party” and collectively, the “Parties.”
RECITALS
A.
An energy storage facility is a permitted use in the Mecklenburg County Zoning
Ordinance in the Industrial (M-1) land use category, provided that a Special Exception Permit is
granted to construct and operate such facility.
B.
Further, the Mecklenburg County Zoning Ordinance provides supplemental
standards for energy and battery storage systems.
C.
The Applicant owns, has acquired, or has a right to acquire a parcel of land in the
County consisting of approximately acres, identified as PRN, and more fully described on the
Preliminary Site Plan attached hereto as Exhibit A (the “Property”).
D.
The Applicant intends to develop, install, build, and operate an approximately ____
megawatt alternating current (AC) (the “Anticipated Nameplate Capacity”), battery energy storage
facility on approximately _____ acres of the Property (“Project”).
E.
Pursuant to Chapter 22, Title 15.2, Article 7.3 of the Code of Virginia, titled “Siting
of Solar Projects and Energy Storage Projects,” the Applicant and the County may enter into a siting
agreement (“Siting Agreement”) for the Project.
F.
The Parties have negotiated and entered into this Siting Agreement pursuant to §§
15.2-2316.7 through 2316.9 of the Code of Virginia (the “Siting Agreement Legislation”).
G.
Pursuant to § 58.1-2636 of the Code of Virginia, the County has adopted an
ordinance assessing a revenue share of $1,540.00 per year, per megawatt, as measured in alternating
current (AC) generation capacity of the nameplate capacity of the Project (“Revenue Share”), which
amount shall be increased by ten percent (10%) every five (5) years thereafter.
H.
In addition to its real property tax and revenue share obligations, which are not
affected by this Agreement, the Applicant has agreed to make the Capital Payments set forth herein
in order to mitigate the impacts of the Project and for the other reasons stated in § 15.2- 2316.7(B)
of the Code of Virginia.
I.
Pursuant to § 15.2-2316.8(B) of the Code of Virginia, the County has held or will
hold a public hearing in accordance with subdivision A of § 15.2-2204 of the Code of Virginia for
the purpose of considering this Agreement, after which a majority of a quorum of the members of
the Mecklenburg County Board of Supervisors (“Board”) approved this Agreement.
AGREEMENT
NOW, THEREFORE, pursuant to Chapter 22, Title 15.2, Article 7.3 of the Code of
Virginia, intending to be legally bound hereby and in consideration of the mutual covenants
contained herein, the receipt and sufficiency of which are hereby acknowledged, the County and
Applicant do hereby agree as follows:

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Article I
Project Conditions, Valuation, Enforcement and Mitigation
1.
Conformance with Comprehensive Plan. Upon approval of this Agreement by the
Board, the Project will be deemed to be “substantially in accord” with the County’s Comprehensive
Plan. No further finding will be required by the Mecklenburg County Planning Commission or the
Board under § 15.2-2232(A) of the Code of Virginia.
2.

Special Exception Permit.
a. The Applicant acknowledges and agrees that it must obtain a Special Exception
Permit (“SEP”) from the County before it can develop, install, build, and operate the
Project. Nothing about this Agreement, even though negotiated and executed by the
Parties, shall be construed as entitling the Applicant to the issuance of a SEP from
the Board.
b. Virginia law provides that if a siting agreement has not been entered into between
the County and an applicant, that fact can be cited as one factor considered by the
County in its review and action on a SEP application. In order for the status of a
siting agreement to be relevant in the SEP process, it must be known whether the
parties succeeded in, or failed in, negotiating a siting agreement. For that reason, the
County’s policy will be to determine whether there will, or will not, be a siting
agreement for a project, before taking action on a SEP application of that applicant.
c. If the Applicant and the County enter into this Agreement, that will constitute
substantial compliance with § 15.2-2232 of the Code of Virginia, and no 2232 review
process will be required. If the Applicant and the County do not enter into this
Agreement, a review process under § 15.2-2232 of the Code of Virginia will be
required.

3.
SEP Conditions. The Applicant acknowledges and agrees that it will be subject to all
the terms and conditions contained in such SEP (“SEP Conditions”). The SEP, once approved by the
Board, will be attached to this Agreement and will be incorporated herein by reference. A copy of the
minimum SEP conditions that may form the basis of the SEP conditions to be considered by the
Board is attached hereto for reference as Exhibit B. Applicant acknowledges that such proposed
conditions contained within Exhibit B may be modified or amended by Staff, the Planning
Commission, or Board prior to the adoption of the SEP. Nothing in this Agreement shall be construed
as limiting or altering the Applicant’s obligations to comply fully with the SEP Conditions and, subject
to § 15.2-2316.9(B) of the Code of Virginia, the terms and conditions contained in the Mecklenburg
County Zoning Ordinance, as amended from time to time (“Code”). The obligations in this
Agreement are in addition to, not in lieu of, the requirements of the SEP Conditions and, subject to
§ 15.2- 2316.9(B) of the Code of Virginia, the Code’s requirements. Violation by the Applicant or by
any of Applicant’s agents, assigns or successors in interest of any of the SEP Conditions or of any
applicable requirements of the Code shall constitute a violation of this Agreement. The Applicant
acknowledges that compliance with the terms of this Agreement shall be required as a condition of
the SEP and that a violation of any term of this Agreement by the Applicant or by any of Applicant’s
agents, assigns or successors in interest shall constitute a violation of the SEP, which may entitle the
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County to revoke the SEP. The Applicant shall provide a copy of the SEP Conditions to any other
party that may use the land covered by the SEP or any operator of the energy storage facility.
4.
Decommissioning and Surety Bond. The Applicant shall procure and maintain
decommissioning security and shall decommission the Project as required in the SEP Conditions
and the Code. The Applicant agrees to provide a decommissioning bond as required by the Zoning
Administrator, the penalty of which shall not be reduced for net salvage value of the facilities and
equipment being removed. A parental guaranty will not be accepted by the County in lieu of a
decommissioning bond.
5.

Easement for Inspections, Enforcement, Provision of Emergency Services, Provision
of Fire Suppression Services, and Decommissioning.
a.
Deed of Easement. Prior to commencing Project work, the Applicant
must provide the County a recordable deed, signed by the owners of the
Property, which conveys to the County the right to enter upon the Property for
the purpose of inspecting Project improvements (which improvements may
include batteries, and all facilities appurtenant thereto) during the life of the
Project, enforcement, provision of emergency services, provision of fire
suppression services, and decommissioning.
b.
Inspections, Enforcement, Provision of Emergency Services, Provision
of Fire Suppression Services. The County shall provide the Applicant twentyfour (24) hours’ notice of entry onto the Property to perform inspections. The
County shall have the right of immediate entry onto the Property when
circumstances necessitate the provision of emergency services thereon, or fire
suppression services thereon. The Applicant further covenants that said
easement rights shall authorize County emergency services agencies and
County fire departments to come onto the Property to provide emergency
services and fire suppression services, and such rights include the right for
emergency services agencies and fire departments to enter within the fenced
area of the project.
c.
Decommissioning. If the Applicant fails to decommission the Project
as required by conditions of the SEP and by the Code of Virginia, the County
shall exercise its deeded right of access to enable the County, and its
contractors, to perform all needed decommissioning tasks. Said
decommissioning tasks shall include all work necessary to restore the Property
to the condition which existed prior to the construction of energy facilities and
as provided by the SEP and § 15.2-2241.2 of the Code of Virginia. Such access
rights shall remain in effect through decommissioning regardless of whether §
15.2-2241.2 of the Code of Virginia is repealed or otherwise limited in scope
from the access rights it provides the County as of the date of execution of this
Agreement.
d.
Applicant’s Designee. The Applicant will provide to the County at all
times the name and contact information for at least one individual who will
serve as the primary point of contact and at least one individual who will serve
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as the backup point of contact for the Project. The County will contact these
identified individuals when it desires access to the Property.
e.
Effect of Memorandum of Agreement. The memorandum of this
Agreement required to be executed by the Parties pursuant by Article V,
Section 5 shall be evidence of the written agreement required by § 15.2-2241.2
of the Code of Virginia, inclusive of the rights and obligations of the Parties
required under such section of the Code of Virginia, including without
limitation the rights identified in subsections (a) through (c) above. A
recordable instrument acknowledging the provisions of Article I, Section 4,
subsections (a) and (b) of this Agreement, in form and substance reasonably
acceptable to the County, must be signed by all owners of property which
constitute a part of the Project area.
Article II
Payments
1.
Capital Payments. The Applicant shall make Capital Payments to the County in the
total amount of $(27,500.00 per megawatt) (each a “Payment” and collectively, the “Payments”). The
Parties acknowledge that, except as otherwise provided herein, the Applicant’s obligation to make
Payments shall be conditioned upon the Project achieving the corresponding milestone:
a.

Within sixty (60) days after the approval of the SEP and any conditions attached thereto by
the Board of Supervisors, the Applicant shall pay the County One Hundred Thousand and
00/100 Dollars ($100,000.00)

b.

Within 60 days of the Applicant Executing the PJM Interconnection Agreement, the
Applicant shall pay to the County $300,000.00 (the “Interconnection Payment”).
c.
Within thirty (30) days after the issuance of a Zoning Permit by the County for the
project, the Applicant shall pay the County an additional Three Hundred Thousand and
00/100 Dollars ($300,000.00.The Zoning Permit will be issued after the delivery of a final
site plan.
d.
Within thirty (30) days after the County’s issuance of a Land Disturbance Permit for
the Project, the Applicant shall pay the County an additional Three Hundred Thousand and
00/100 Dollars ($300,000.00).
e.
Within thirty (30) days after the Commercial Operation Date, the Applicant shall pay
the County an additional One Million, Seven Hundred Fifty Thousand and 00/100 Dollars
($1,750,000.00). For the purposes of this Agreement, the term “Commercial Operation
Date” means the date upon which the Applicant becomes operational and commences
storing energy.
f.
Any voluntary payment made by the Company as required by this Agreement shall
be non-refundable to the Company after such milestone payment is made or if this
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Agreement is terminated as provided herein.
2.
Statutory Structure of Payments; Statement of Benefit. The Applicant covenants that
by entering into this Agreement, pursuant to § 15.2-2316.6 et seq. of the Code of Virginia, the
Applicant waives any claim that the Payments are not authorized by statute, and the Applicant
acknowledges that it is bound, whether by Virginia law or by terms of this Agreement, to make the
Payments in accordance with this Agreement. The Parties acknowledge that this Agreement is fair
and mutually beneficial to them both. The Applicant acknowledges that this Agreement is beneficial
to Applicant in allowing it to proceed with the installation of the Project with clear project design
terms, which provide for mitigation of effects on the surrounding properties and the Mecklenburg
County community. Additionally, the Parties acknowledge that this Agreement provides for a clear
and predictable stream of future payments to the County in amounts fair to both Parties.
3.

Energy Revenue Share and Real Estate Taxes.
a. The Payments are separate and distinct from, and in addition to, any amounts that are
or will be owed by the Applicant to the County for any other tax or financial
obligations. Notwithstanding the Payments, the Applicant must pay the Revenue
Share, pay real property taxes for the Property, and pay any other tax or financial
obligations that may be applicable to the Project or the Applicant. Without limiting
the foregoing, nothing in this Agreement shall limit the application of the Mecklenburg
County Energy Revenue Share Ordinance, Section 66-123 and 66-125 of the Code,
to the Project. The Parties acknowledge and agree that no exemption from paying the
Energy Revenue Share or the County’s real estate taxes currently applies to the Project.
b. In furtherance of subsection a. above, the Applicant or any subsequent operator of
the facility must report the amount of nameplate capacity that is actually operating as
of July 1 of every year to the Mecklenburg County Commissioner of the Revenue’s
Office no later than July 5 of every year. This report will form the basis for the revenue
share tax assessment each tax year. If the Applicant fails to submit such information
to the Mecklenburg County Commissioner of the Revenue’s Office by July 5 of any
year, such failure shall entitle the County, in addition to all other rights available to the
County, to initiate a proceeding to revoke the SEP.
c. All revenue share payments will be subject to the regular tax billing and payment
schedule of Mecklenburg County, as set out in Section 66 – 1 of the Code and the
annual Tax Ordinance, which is currently twice a year tax billing, with equal amounts
due on the December 5 and June 5 of each tax year.
d. The Parties further acknowledge and agree that any new or additional taxes established
by the General Assembly, or any new or additional exemptions from taxation
established by the General Assembly, shall be assessed against the Project in
accordance with the terms and conditions of such legislation.

4.
Use of Payments by the County. The County shall use these funds as permitted under
§ 15.2-2316.7(B) of the Code of Virginia or as otherwise permitted by law. Unless otherwise
designated by the County through an adopted budget ordinance, budget amendment, or approved
Capital Improvement Fund, or other ordinance or resolution of the Board of Supervisors. Payments
may, if made during or after Fiscal Year 2029-30, be used towards the purchase of new apparatus
for the Fire Departments of Mecklenburg County.
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5.
Effect of Agreement. This Agreement shall be binding in the County pursuant to §
15.2-2316.8(A)(3) of the Code of Virginia. This Agreement is expressly conditioned upon the
Board’s approval of a SEP for the Project. If the Board declines to approve a SEP for the Project,
this Agreement shall be void and of no effect.
6.
Payment to Energy Assistance Fund. The Applicant shall make at least one payment
to an energy assistance fund operating in Mecklenburg County for the exclusive benefit of the
residents of Mecklenburg County in the amount One Hundred Fifty Thousand Dollars
($150,000.00). The foregoing payment required by this section shall be paid within (30) days after
the County’s issuance of a Land Disturbance Permit for the Project.
7.
Land Protection. In addition to the capital payments listed above, the Applicant
shall also be responsible for the permanent protection of an equal amount of land in the County as
may be disturbed through the construction of the energy storage facility. The method of land
preservation may include a perpetual conservation easement, the purchase of development rights, the
designation of a property as Agricultural Conservation (A-C), or any other method deemed
acceptable to the Applicant and the County. All costs of such land preservation shall be borne by the
Applicant. Whenever possible, land preservation should occur in the same or immediately adjoining
electoral district as the site of the energy storage facility; however, County may grant Applicant
permission to preserve land elsewhere in the County, if requested.
Article III
Cost Reimbursements
1.
Reviews, Approvals, Inspections. The Applicant will reimburse to the County all
reasonable costs and fees incurred for professional services engaged for purposes of assisting the
County with the following: prior to the submission of the Final Site Plan or prior the County
incurring any expense, the Applicant shall deposit $100,000.00 into escrow with the County which
shall be used to reimburse the County for the following direct fees and expenses incurred by the
County related to the construction of the Project:
a.
For a qualified consultant(s) to review and comment on the Final Site Plan, Erosion
and Sediment Control Plan, and Storm Water Management Plans submitted to the County,
the Virginia Department of Environmental Quality, or any other agency of the
Commonwealth of Virginia or federal government;
b.
Third-party costs directly related to the County’s review and enforcement of the
Erosion & Sediment Control Plan, Decommissioning Cost estimates, and inspections during
construction and operations of the Project to verify compliance with the SEP;
c.
For a qualified consultant(s) to review the Decommissioning Plan as required by the
SEP; and
d.
Any third-party consultant(s) fees and other operational expenses encountered by the
County until all construction work has been completed and the County has completed its
final inspections related to the construction of the Project.
2.

Escrow Account. The County shall establish and maintain a segregated account in
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the County’s financial records (the “Escrow Account”) to receive the cash deposits as described in
Article III, Section 1 above. The County agrees that the funds will only be disbursed from the
Escrow Account for actual fees and expenses set forth in Article III, Section 1(a)-(d) that are
incurred by the County. The Applicant and the County do not reasonably expect that the County’s
direct costs and expenses will exceed $100,000.00 (the “Cost Estimate”) prior to the onset of
operations of the Project. In the event that the actual fees and expenses set forth above to be
reimbursed by the Applicant do exceed the funds in the Escrow Account, then the Applicant shall
deposit an additional $25,000 to the account and each additional time the account is depleted until
completion of the project. For all reimbursable fees and expenses, the County will provide the
Applicant with a reasonable estimate prior to the work being performed which approval by the
Applicant shall not be unreasonably withheld, conditioned, or delayed. Upon the request of the
Applicant, but no more than twice per year, the County will provide a statement of disbursements
from the Escrow Account and the remaining funds. The fee and expense reimbursement stated in
this Agreement shall be in lieu of any fees assessed under the County’s Zoning Ordinance. The
County shall make all reasonable efforts to limit the request for reimbursable costs to no more than
the Cost Estimate; provided, however, the County makes no such guarantee. The purpose of the
reimbursement payments is to defray the actual costs and expenses incurred by the County in its
engagement of third- party consultants and other professionals in connection with: (i) the
negotiation and execution of this Agreement and other matters related to this Agreement, (ii) the
review of the SEP and this Siting Agreement, (iii) the review of any administrative permits issued
by the County for the Project, (iv) the permitting process with federal, state and local agencies, as
applicable, and (v) the construction of the Project, including, but not limited to, fees incurred to
employ professionals to assist with inspections. Should the Applicant’s SEP application for the
Project be denied by the Board, no reimbursement will be owed under this Section.
3.
Escrow Account Disputes. The Applicant may dispute the reasonableness of an
estimate or invoice delivered pursuant to Section 2 immediately above by delivering written notice
of such dispute to the County within fifteen (15) days of receipt of such estimate or invoice (a
“Dispute Notice”). Upon receipt of a Dispute Notice, the County Administrator (or his/her
designee) and an officer or other executive for the Applicant with authority to resolve the dispute
shall meet and shall exercise good faith and reasonable efforts to resolve such dispute to the
reasonable satisfaction of the County and the Applicant within fifteen (15) days of the date of
Dispute Notice. Except as otherwise provided herein, the County may suspend its consideration of
the issue at hand for which the estimate or invoice has been delivered and/or suspend work on the
Project (and all corresponding deadlines) from and after the date that the County delivers written
notice of its election to do so, and the County may continue such suspension of its consideration
of the issue at hand until such time as the dispute is resolved and the agreed amount, if any, is
approved by the Applicant. Notwithstanding the foregoing, after the County delivers the written
notice provided in the immediately preceding sentence, the Applicant may approve such disputed
amount under protest, and the County will continue its consideration of the issue at hand without
interruption due to the dispute identified in the Dispute Notice. If the Parties are unable to resolve
such dispute within such fifteen (15) day period, the Applicant shall have the right to extend the
period for resolving the dispute for an additional thirty (30) days. If after such extension, the Parties
still dispute the cost(s), then the Parties may proceed to litigation in the appropriate court situated
in Mecklenburg County, Virginia. Alternatively, the Parties may refer the dispute to mediation with
each Party paying 50% of the costs of retaining the mediator. In any event, if the Applicant approves
an invoice or estimate under protest as provided in this section, and the dispute is resolved in the
Applicant’s favor, the Applicant shall have the right to set-off the difference between the amount
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paid under protest and the actual amount it is obligated to pay pursuant to the resolution of such
dispute as provided herein against any Payments due after the date of the Dispute Notice.
Article IV
Compliance, Permits and Approvals
1.
Compliance. The Applicant will develop, install, build, operate, and decommission
the Project in compliance with all applicable federal, state, and local laws, regulations, ordinances,
licenses, approvals, and permits. In the event that the Applicant is notified of any violation at the
Project of any applicable federal, state or local laws, regulations, ordinances, licenses, approvals, and
permits, the Applicant shall (a) notify the County of said violation within five (5) business days, (b)
diligently cooperate with the applicable regulatory agency, and (c) take all reasonable and necessary
actions to attempt to cure the violation. Notwithstanding the foregoing, nothing in this Agreement
shall limit or prohibit the right of the Applicant to contest any alleged violation of any such laws,
regulations, ordinances, licenses, approvals, and permits.
2.
Approvals. If the Applicant elects to develop the Project, the Applicant will apply to
all federal, state, and local regulating authorities and will seek to obtain all required licenses,
approvals, and permits for construction and/or operation of the Project. After the Applicant obtains
all required licenses, approvals, and permits for the Project, the Applicant will commence operations
of the Project in accordance with the SEP Conditions, the terms of this Agreement, the Code, all
other applicable building and zoning regulations, and all other applicable federal, state, and local
laws, ordinances, and regulations. Applicant will provide County will copies of all licenses, approvals,
and permits from any non-County entity within five business days of the successful obtainment of
such licenses, approvals, and permits.
3.
Cooperation. As part of the consideration for this Agreement, the County will
cooperate fully with the Applicant’s efforts to obtain licenses, approvals, and permits as required
by federal, state, and local laws, regulations, and ordinances authorizing the Project construction
and/or operation, including, but not limited to, the performance of infrastructure studies, traffic
studies, environmental studies, and the collection and analysis of other information necessary for
those licenses, approvals, and permits. The County will make available to the Applicant, upon
request, access to all records and data in its possession or control pertaining to the Project. The
County will use its best efforts to support and cooperate with the Applicant’s efforts to obtain
necessary licenses, approvals, and permits, including any necessary amendments thereto, for the
Project construction, and for the Project’s operation, and will process requests for permits and
other approvals required by County ordinances. The County will take no action intended to
frustrate or prevent the Applicant from receiving and maintaining any license, approval, or permit
that is consistent with the applicable ordinances and zoning, including any Special Exception
Permit; provided however, nothing herein shall be construed to require the County or the Board
to undertake any action not authorized by law or to exercise any legislative function in favor of the
Applicant.

Article V
Miscellaneous Terms
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1.
Term; Termination. This Agreement shall commence on the Effective Date and
shall continue until the Termination Date. The Applicant shall have no obligation hereunder after
the Termination Date other than its decommissioning obligations identified in the SEP and the
Code. “Termination Date” means any of the following: (i) the date that the Applicant commences
decommissioning of all or a material portion of the Project; (ii) the date of the Applicant’s written
notification to the County that it is permanently discontinuing development of the Project pursuant
to Article V.3 of this Agreement; (iii) the date that is one hundred eighty (180) consecutive calendar
days after cessation of Project operation, but only if the Applicant has not commenced exercising
reasonable efforts to cause the Project to recommence operations within such one hundred eighty
(180) day period; or (iv) the date that is three hundred sixty-five (365) consecutive calendar days
after cessation of Project operation, but only if the Applicant commences exercising reasonable
efforts to cause the Project to recommence operations within the first one hundred eighty (180)
days of such three hundred sixty-five (365) day period.
2.
Mutual Covenants. The Applicant covenants to the County that it will pay the
County the amounts due hereunder when due in accordance with the terms of this Agreement, and
will not seek to invalidate this Agreement, or otherwise take a position adverse to the purpose or
validity of this Agreement. So long as Applicant is not in breach of this Agreement during its term,
the County covenants to the Applicant that it will not seek to invalidate this Agreement or otherwise
take a position adverse to the purpose or validity of this Agreement. If, after forty years from the
Commercial Operation Date, a Termination Date has not occurred, then the Parties covenant to
discuss in good faith any ongoing impacts of the Project that need additional mitigation and the
acceptable forms of mitigation, including evaluation of additional compensation. At a minimum all
current taxes and other additional compensation expressly set forth will continue until the project
begins decommissioning or as long as the project continues operations. If the good faith discussions
to identify and address ongoing impacts caused by the Project are not resolved to the satisfaction of
County, then County shall have the right to terminate this Agreement, without penalty.
3.
No Obligation to Develop. Notwithstanding anything to the contrary contained
herein, the Applicant has no obligation to develop the Project. It is understood that development of
the Project by Applicant is contingent upon a number of factors including, but not limited to,
regulatory and corporate approvals, availability and cost of equipment and financing, and demand
for renewable energy and renewable energy credits. No election by the Applicant to terminate, defer,
suspend or modify plans to develop the Project shall be deemed a default of Applicant under this
Agreement, except to the extent any such action violates a condition of the SEP or the Code. Subject
to the Code and the SEP conditions, the Applicant shall not be liable to the County for any decision
it makes to terminate, defer, suspend or modify plans to develop the Project. Any Payment by the
Applicant prior to a decision to suspend or abandon the Project is non-refundable.
4.
Successors and Assigns. This Agreement will be binding upon the assigns and
successors in interest of the Applicant, and the obligations created hereunder shall be covenants
running with the Property upon which the Project is developed. This Agreement may be assigned
by the Applicant to a Company or other business experienced in the successful operation of battery
storage facilities. Said assignment shall be subject to express written consent of the County, which
consent shall not be unreasonably withheld; provided, however, that Applicant may assign this
Agreement in connection with any collateral assignment or other transfer by Applicant in connection
with any financing of the Project without the County’s express written consent. Any assignment, other
than as permitted by this Section, without the consent of the County, shall be void. In the event of
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any approved assignment, the assignee or successor in interest shall assume the liabilities of the
Applicant. For the purpose of this Section, an assignment shall occur if the Applicant sells, transfers,
leases or assigns all or substantially all of its interest in the Project to another individual or entity.
The Applicant and any permitted assignee or successor in interest shall execute such documentation
as reasonably requested by the County to memorialize the assignment and assumption by the
assignee or successor in interest. All property owners shall be subject to the terms of the agreement
set forth in Article I to the extent those terms apply to property owners, and the Applicant shall
provide the County with evidence satisfactory to the County that all such property owners shall be
bound by such terms of this Agreement.
5.
Memorandum of Agreement. A memorandum of this Agreement, in a form
acceptable to the County Attorney, shall be recorded in the land records of the Office of the Clerk
of the Circuit Court of Mecklenburg County. Such recordation shall be at the Applicant’s sole cost
and expense and shall occur as soon as reasonably practicable after the approval of the SEP. Once
the memorandum has been recorded, the Applicant shall forthwith provide the County a copy of
the recorded document. If the Applicant chooses to not develop the Project, in its sole discretion,
the County shall execute a release of the memorandum filed in the aforementioned Clerk’s Office.
6.
Notices. Except as otherwise provided herein, all notices required to be given or
authorized to be given pursuant to this Agreement shall be in writing and shall be delivered by
recognized overnight courier or by commercial messenger to:
Mecklenburg County, Virginia
350 Washington Street
P.O. Box 307
Boydton, Virginia 23917
Attn: Alex Gottschalk, County
Administrator
With a copy to:
Russell O. Slayton
County Attorney
411 South Hicks Street
Lawrenceville, Virginia 23868
APPLICANT
The County and the Applicant, by notice given hereunder, may designate any further or different
persons or addresses to which subsequent notices shall be sent.
7.
Governing Law; Jurisdiction; Venue. THIS AGREEMENT SHALL BE
GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE
COMMONWEALTH OF VIRGINIA, WITHOUT REGARD TO ANY OF ITS PRINCIPLES
OF CONFLICTS OF LAWS OR OTHER LAWS WHICH WOULD RESULT IN THE
APPLICATION OF THE LAWS OF ANOTHER JURISDICTION. THE PARTIES HERETO
(A) AGREE THAT ANY SUIT, ACTION OR OTHER LEGAL PROCEEDING, AS
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BETWEEN THE PARTIES HERETO, ARISING OUT OF OR RELATING TO THIS
AGREEMENT SHALL BE BROUGHT AND TRIED ONLY IN THE CIRCUIT COURT OF
MECKLENBURG COUNTY, VIRGINIA, (B) CONSENT TO THE JURISDICTION OF
SUCH COURT IN ANY SUCH SUIT, ACTION OR PROCEEDING, AND (C) WAIVE ANY
OBJECTION WHICH ANY OF THEM MAY HAVE TO THE LAYING OF VENUE OR
ANY SUCH SUIT, ACTION, OR PROCEEDING IN SUCH COURT AND ANY CLAIM
THAT ANY SUCH SUIT, ACTION, OR PROCEEDING HAS BEEN BROUGHT IN AN
INCONVENIENT FORUM. THE PARTIES HERETO AGREE THAT A FINAL
JUDGMENT IN ANY SUCH SUIT, ACTION, OR PROCEEDING SHALL BE
CONCLUSIVE AND MAY BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON
THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW.
8.
Confidentiality. This Agreement, once advertised for public hearing, is a public
document, subject to production under the Virginia Freedom of Information Act (VFOIA). The
County understands and acknowledges the Applicant, and as applicable, their associates, contractors,
partners and affiliates utilize confidential and proprietary “state-of-the- art” information and data in
their operations (“Confidential Information”), and that disclosure of any information, including, but
not limited to, disclosures of technical, financial or other information concerning the Applicant or
any affiliated entity could result in substantial harm to them and could thereby have a significant
detrimental impact on their employees and also upon the County. The County acknowledges that
during the development of this Agreement, certain Confidential Information may be shared with the
County by the Applicant. The County agrees that, unless and until this Agreement is made available
for public inspection prior to a public hearing or a vote at a public meeting of the Board, any
information provided by the Applicant to the County shall, to the extent permitted by law, be
deemed Confidential Information, disclosed under a promise of confidentiality as provided in
Section 2.2-3705.6(3) of the Code of Virginia. The County agrees that, except as required by law
and pursuant to the County’s police powers, neither the County nor any employee, agent or
contractor of the County will (i) knowingly or intentionally disclose or otherwise divulge any such
Confidential Information to any person, firm, governmental body or agency, or any other entity
unless the request for Confidential Information is made under a provision of local, state or federal
law. Upon receipt of such request but before transmitting any documents or information which may
contain Confidential Information, the County will contact Applicant to review the request for
information and associated documents to determine if any Confidential Information is at risk of
disclosure. If Confidential Information exists, Applicant may intervene on behalf of the County and
defend against disclosure of the Confidential Information. The County agrees to cooperate in this
defense and to the extent allowed by law, work to protect the Confidential Information of the
Applicant.
9.
Severability; Invalidity Clause. Any provision of this Agreement that conflicts with
applicable law or is held to be void or unenforceable shall be ineffective to the extent of such conflict,
voidness or unenforceability without invalidating the remaining provisions hereof, which remaining
provisions shall be enforceable to the fullest extent permitted under applicable law. If, for any reason,
including a change in applicable law, it is ever determined by any court or governmental authority of
competent jurisdiction that this Agreement is invalid then the parties shall, subject to any necessary
Board meeting vote or procedures, undertake reasonable efforts to amend and or reauthorize this
Agreement so as to render the invalid provisions herein lawful, valid and enforceable. If the Parties
are unable to do so, this Agreement shall terminate as of the date of such determination of invalidity.
The Parties will cooperate with each other and use reasonable efforts to defend against and contest
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any challenge to this Agreement by a third party.
10.
Entire Agreement. This Agreement and its exhibits constitute the entire agreement
and supersedes all other prior agreements and understandings, both written and oral, between the
Parties with respect to the subject matter hereof. No provision of this Agreement can be modified,
altered or amended except in a writing executed by the Parties.
11.
Construction. This Agreement was drafted with input by the County and the
Applicant, and no presumption shall exist against any Party.
12.
Insurance. The Applicant will obtain and maintain in effect comprehensive general
liability insurance and sudden and accidental pollution liability insurance via endorsement with
minimum coverage limitations of $2,000,000.00 per occurrence and $5,000,000.00 annual
aggregate; employer’s liability/workers’ compensation insurance with a minimum coverage limitation
of $1,000,000.00 per accident; property insurance on a replacement cost value basis subject to
customary and commercially available sub-limits and deductibles; and such other insurance for the
Project as may be required by law. The County shall be listed as an additional insured on the
comprehensive general liability insurance policies in connection with any event or occurrence arising
from the Battery Facilities as required by the SEP. Limits may be satisfied via a combination of
primary and excess policies. The Applicant will have the right to self-insure for employer’s
liability/worker’s compensation insurance and general liability insurance if the Applicant is an
“electric utility” as defined by Section 56-576 of the Code of Virginia. The Applicant is not entitled
to self-insure for erosion and sediment control costs, and costs of decommissioning. Instead, security
acceptable to the County must be provided to ensure funding for erosion and sediment control costs
and decommissioning costs.
13.

Default.

a.
In the event of a default under this Agreement, if a Party has not cured, as described
by this Agreement, its default after thirty (30) days of receiving written notice of the default
from the non-defaulting Party through overnight delivery service by UPS, FedEx, etc., the
non-defaulting Party shall have the right, but not the obligation, to cure such default and to
charge the defaulting Party for the cost of curing such default, including the right to offset
said costs of curing the default against any sums due or which become due to the defaulting
Party under this Agreement. Such non-defaulting Party shall, in its reasonable judgment,
attempt to use the most economically reasonable method of curing any such default.
Evidence that notice has been sent by UPS, FedEx, or other overnight courier service, shall
constitute receipt of notice three (3) days after the date such notice is sent.
b.
This Agreement may be terminated by the County in the event of a material breach
of this Agreement by the Applicant that has not been cured within sixty (60) days of written
notice thereof being received by the Applicant. A material breach shall mean a failure to
comply with (1) any of the provisions of this Agreement, (2) the permits and approvals
under which the Project will be operated or built, including without limitation the SEP
Conditions, or (3) applicable federal, state laws or local laws, regulations, ordinances,
licenses, approvals, and permits (subject to the Applicant’s right to contest the applicability
and/or enforceability of any such federal, state laws or local laws, regulations, ordinances,
licenses, approvals, and permits). A material breach shall also include the insolvency of the
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Applicant or its assignee or successor in interest, such insolvency to be established by the
filing of either a voluntary petition in bankruptcy showing the Applicant as the debtor or an
involuntary petition that is not dismissed within one hundred eighty (180) days of its filing.
A material breach shall also include a violation of the SEP and/or Code, provided written
notice of the violation is issued and received by the Applicant, and further provided,
however, (i) the Applicant’s complying or taking action consistent with any governmental or
regulatory warning letter, notice of violation, or plan of action shall be deemed a cure if the
compliance or the action is initiated by the Applicant within sixty (60) days of the Applicant
receiving the warning letter, notice of violation, or action plan and the Applicant thereafter
proceeds with due diligence to remedy violation as promptly as possible, and (ii) the County
shall not terminate this Agreement while the Applicant is contesting any such warning letter,
notice of violation, or action plan. The Applicant’s failure after receiving written notice to
resolve as soon as practically possible, a material breach that state or federal authorities
determine threaten the safety of the public or threatens to cause material environmental
damage (provided that the Applicant is not contesting such written notice), shall entitle the
County to terminate this Agreement effective immediately upon the Applicant’s failure to
act as soon as practically possible. Further, the County may terminate this Agreement if the
Applicant fails to pay an amount due under this Agreement within thirty (30) days of written
notice from the County of the failure to pay. The Applicant shall be deemed to have
initiated the cure process when the Applicant undertakes substantial steps which, when
completed, would effect the cure. The Applicant shall be deemed to have contested any
such warning letter, notice of violation, or action plan when the Applicant has taken action
which would constitute the initiation of such effort.
c.
In the event of a breach and the appropriate notice thereof to the Applicant by the
County, the cure periods noted above may be extended at the sole discretion of the County
without the County waiving its right to terminate the Agreement at any time prior to the cure
being made by the Applicant.
d.
If the County terminates this Agreement as provided herein, it also shall terminate
the SEP and the Applicant shall cease operations at the Project and commence
decommissioning the Project. If the Applicant fails to decommission the Project per the
conditions and time limits in the decommissioning plan, said failure shall constitute a material
breach by the Applicant and shall entitle the County to demand payment under the bond,
letter of credit, deposit or other security which assures payment of decommissioning costs.
14.
Force Majeure. Neither Party will be liable for any failure or delay in performing an
obligation under this Agreement, other than the obligation to make timely payments, that are due to
any of the following causes, to the extent beyond its reasonable control: acts of God, accident, riots,
war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication
facilities, natural catastrophes, governmental acts or omissions, changes in laws or regulations,
national strikes, fire, explosion, generalized lack of availability of raw materials or energy. For the
avoidance of doubt, Force Majeure shall not include (a) financial distress nor the inability of either
party to make a profit or avoid a financial loss, (b) changes in market prices or conditions, or (c) a
party’s financial inability to perform its obligations hereunder.
15.
Third Party Beneficiaries. This Agreement is solely for the benefit of the Parties
hereto and their respective successors and permitted assigns, and no other person shall have any
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right, benefit, priority or interest in, under or because of the existence of, this Agreement. If an
assignment is permitted by the County, the Applicant shall forthwith provide to the County the
document which effects the assignment.
16.
Counterparts; Electronic Signatures. This Agreement may be executed
simultaneously in any number of counterparts, each of which shall be deemed to be an original, and
all of which shall constitute but one and the same instrument. A signed copy of this Agreement
delivered by facsimile, e-mail/PDF or other means of electronic transmission shall be deemed to
have the same legal effect as delivery of an original signed copy of this Agreement.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed
by the officers whose names appear below as of the Effective Date.
By:
Name:
Title:

MECKLENBURG COUNTY, VIRGINIA
By:
Name: ________________
Title:

Approved as to form:

By:
County Attorney

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Exhibit A
Preliminary Site Plan

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Exhibit B
Example of Minimum SEP Conditions
SECTION I.
1)

GENERAL PROVISIONS

The site shall be developed, constructed, operated, and decommissioned in substantial
compliance with all of the following:
a)
b)
c)
d)
e)
f)

g)

h)
i)
j)

All applicable federal, Commonwealth, and local laws, statutes, ordinances, and
regulations
The Final Site Plan (as defined in Section I, Condition 3).
The Decommissioning Plan approved by Mecklenburg County (as referenced in
Section V, Condition 1).
The Emergency Response Plan approved by Mecklenburg County (as defined in
Section I, Condition 4).
The Construction Traffic Management and Mitigation Plan approved by
Mecklenburg County (as defined in Section III, Condition 4).
The Erosion and Sediment Control Plan (required by the Virginia Erosion and
Sediment Control Program and any other legislation governing energy storage facilities)
acceptable to the Zoning Administrator.
The Stormwater Management Plan (required by Virginia Stormwater Management
Program and any other legislation governing energy storage facilities) acceptable to
the Zoning Administrator and DEQ.
The Screening Plan (as defined in Section II, Condition 1.b)
A Vegetation Management Plan acceptable to the Zoning Administrator that is
included as part of the Final Site Plan
The SEP application (as may be modified by the final Conditions established by the
Board of Supervisors and any of the approved plans referenced above).

2)

The SEP shall be issued to Applicant and shall run with the land unless and until it is revoked,
expires, or is voided.

3)

An approved site plan (the “Final Site Plan”) shall be required for the permitted use. No
zoning permit will be issued prior to the receipt and approval of the Final Site Plan. Land
disturbing shall be permitted following issuance of the Virginia Department of
Environmental Quality Permit By Rule (“PBR”) approval, except that preliminary land
disturbing activities (i.e., grading, internal road construction, and installation of silt fences,
basins, and perimeter fences) shall be permitted prior to PBR approval as allowed by law,
provided that such disturbance receive a land disturbance permit from the County prior to
the commencement of such activities.

4)

Applicant shall submit an Emergency Response Plan (the “ER Plan”) with the submission of
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the Final Site Plan. The Plan shall comply with the requirements of the Code. The ER Plan
shall include fire suppression methods that can be immediately deployed where applicable
during both the construction and operation of the project and any specialized first response
care that must be provided for harms not typically suffered by the general public. The ER
Plan shall also include a program of education and training to be provided for County
emergency response staff covering onsite emergency response. This training shall be
provided at the cost of the applicant, but may be provided by a fire or emergency response
expert in the employ of the Applicant. The ER plan shall acknowledge that a reasonable fire
suppression response to any fire incident on or near the facility will be to divert fire outside
the facility’s gate and fence, but that no such fire suppression attempt will be made within the
facility’s gate and fence.
5)

In furtherance of the Emergency Response Plan, the Applicant must provide an accessible
on-site water supply source. The water supply source must be outside any project fencing.
Unless connected to a public water supply system, the record owner of the property shall be
responsible for filing and replenishing the water supply source. Should the Applicant elect
to connect to a public water supply system, the Applicant shall be responsible for the cost of
all main line, supply line, and distribution lines necessary to extend the system to the site. All
line drawings, pipe sizing, and other design, engineering, and construction details must be
approved by the relevant water provider (Roanoke River Service Authority or the Town of
Clarksville).

6)

Upon approval of the SEP, the County must be granted an easement which provides the
right of entry onto the Property for so long as the project is in operation, and for so long after
operation ceases as is needed to ensure decommissioning in compliance with terms and
conditions of the SEP. The right of entry must be afforded by the record owner(s) of the
Property, at the time the easement is granted. The easement shall contain details on access
procedures and will be conveyed to the County by recordable deed(s). The deed(s) will
provide that the right of entry runs with title to the Property as to subsequent owners. After
decommissioning has been completed in compliance with terms and conditions of the SEP,
upon request by the record owner(s) of the Property at the time the decommissioning is
completed, the County will deliver to that owner(s) a deed(s) by which the easement rights
are conveyed to the current owner(s) or otherwise extinguished.

7)

In addition to the requirement to provide training to the County emergency response system,
the Applicant will reimburse the County any reasonable expense incurred by local fire and
rescue personnel related to a response by such personnel to a fire, rescue call, or similar
event that occurs at the Project and is caused by the Project.

SECTION II.
1)

BUFFERS, HEIGHTS, AND SETBACKS

The Required Setbacks and Required Screening shall be established pursuant to the
distances set out in the Code. Such setbacks and screening shall be maintained pursuant to
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the following conditions:
No equipment and other improvements, including fencing, related to the Project,
shall encroach into the Required Setbacks. Nothing in this condition shall prohibit
the installation of access roads and public utilities required for the Project as
approved in the Final Site Plan.
b)
The Applicant shall include in its site plan submission a plan for establishment of the
Required Screening consistent with the terms of this Condition (the “Screening
Plan”).
c)
No timber shall be harvested from the Required Screening area on and after the date
that the proposed Siting Agreement is submitted to the County, except for any timber
that meets the criteria of paragraph g, infra.
d)
No timber shall be harvested from the Required Setback area on and after the date
that the proposed Siting Agreement is submitted to the County until the conditions
of paragraph e, infra, are met.
e)
The Screening Plan shall show the Required Screening areas on the Property and
shall show the areas of timber that are outside of the Required Screening areas but
still within the Required Setbacks where timber can be removed. Upon approval of
the Final Site Plan, the timber identified in the Screening Plan that is within the
Required Setback but outside of the Required Screening area may be removed from
the Property; however, it is strongly encouraged that all mature timber located in the
Required Screening areas remain. The Screening Plan also shall include details and
plans for additional plantings as required to be installed to meet the screening
requirements of the Zoning Ordinance.
f)
Outside of the Required Setbacks and the infrastructure and buffers as identified on
the Final Site Plan, timber may be harvested, thinned, or otherwise disturbed for so
long as the SEP remains in effect.
g)
Required Screening areas approved as part of the Final Site Plan shall be managed
and maintained to ensure health and preservation of the screened areas for so long
as the SEP is in effect. Notwithstanding the paragraph supra, any diseased or dying
timber or other plantings located within the Required Screening areas may be
removed as necessary to protect the remaining timber and other plantings from
damage or disease, or to protect persons or property.
Batteries and battery holding or storage containers must be constructed, maintained, and
operated in accordance with prevailing national industry standards and regulations including
the National Electrical Code, International Fire Code of the International Code Council and
the National Fire Protection Association Fire Code (NFPA), as provided in §15.2-2286 of
the Code of Virginia. In the event of a conflict between the national industry standards and
these Conditions, the Virginia Uniform Statewide Building Code shall control.
Outside the fence there shall be at least a twenty (20) foot buffer for further protective
separation. This buffer shall exist for the entire perimeter of the fence line. At least 15 feet
of the buffer, to be measured beginning from the fence post, shall be lined with a material
a)

2)

3)

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4)
5)
6)

that consists of a non-ignitable material suitable for vehicle traffic that shall be regularly
maintained to prevent the spread of any flammable or combustible hazards.
The Project shall be compliant with NFPA 855 and UL Solutions 9540.
Individual battery facility units or enclosures shall not exceed 55 feet or two stories in height.
Extent of Security Fencing.
a)
"Fenced Area" means the area enclosed by the Project security fence, consisting of
the battery energy storage enclosures, the collector substation, the switchyard, and
associated inverters, transformers, control and communications buildings, and
related electrical equipment.
b)
Security fencing shall be installed around the perimeter of the Fenced Area only, and
shall not be required along the boundary of the Property or around any portion of
the Property outside the Fenced Area, including, without limitation, access roads,
laydown and staging areas, Required Screening and buffer areas, stormwater
management facilities, the water supply source required by Section I, Condition 5,
and areas remaining in agricultural, silvicultural, or open space use.
c)
The security fence shall be chain link, not less than eight (8) feet in height, located
on the interior side of the Required Screening, and shall otherwise comply with
Section 7.1-10.C.7 of the Ordinance. Interior or agricultural-style fencing installed
elsewhere on the Property for operational, safety, or land management purposes shall
not constitute security fencing under this Condition.
d)
The Required Setbacks shall be measured to the nearest point of the Fenced Area.
All references in this Agreement to the Project fence, fence line, or fenced area shall
mean the Fenced Area.

SECTION III.

Commented [TD1]: The County requests an explanation
of why the reference to ASTM E119 was deleted.
Commented [TD1R2]: ASTM E119 is a test standard for
fire-rated building assemblies and firewalls. Because the
project will comply with NFPA 855 and UL 9540, which are
the industry standards specifically governing battery energy
storage system design and fire safety, the ASTM E119
reference was removed to avoid implying that fire-rated
walls or barriers are required where they are not otherwise
required by the applicable BESS standards.

ACCESS, TRAFFIC, and ROAD REPAIRS

1)

Any one or more County officials, including a County official in conjunction with any other
federal or Commonwealth employee, or person contracted by the local government in the
performance of planning, zoning, building, engineering, first response or emergency services,
law enforcement, or the assessment of taxation shall be allowed to enter the Property,
including the Project site at any time after giving at least twenty-four hours prior notice in
non-emergency situations so that Applicant can provide such access as necessary given
reasonable safety protocols for the site at the time of such entry. When feasible, reasonable
notice will be afforded of the time of the proposed entry onto the Property, but the providing
of such reasonable notice shall not be a condition precedent to right of access to the Property,
including the Project site by any of the designated individuals in an emergency situation.

2)

Site access and construction entrances shall be located on ____ as identified on the Concept
Plan, subject to Final Site Plan approval. In addition to providing access to the main gate, the
access road shall also extend to surround the entire perimeter of the fence. All points on the
access road shall be at least 15 feet wide and shall be layered with nonflammable and
nonignitable material.
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3)

Except as otherwise provided herein, construction activity may be conducted Monday
through Saturday, from 7:00 a.m. to 7:00 p.m. Construction activities will not be performed
during any other hours, unless Applicant has secured written authorization from the Zoning
Administrator for such additional activities. Construction activities shall not be performed on
Sundays. Notwithstanding the forgoing, Applicant shall be permitted to conduct any
construction-related activities as required to comply with applicable, federal, state and local
laws, statutes, requirements, and/or permits, limited to construction-related activities
required to maintain erosion and sediment controls and other, related facilities.

4)

As part of the Final Site Plan review, the Applicant shall be required to submit a
Construction Management and Mitigation Plan for each applicable site plan, to be reviewed
and approved by the Zoning Administrator. At a minimum this plan shall address and/or
include:

5)

a)

Traffic control methods for all public roads to be used for ingress/egress (in
coordination with the VDOT prior to initiation of construction) shall include, at a
minimum, plans and procedures for lane closures, signage, and flagging.

b)

Coordination with VDOT prior to initiation of construction on the appropriateness
of the speed limit on any road that leads to the site and support a speed limit
reduction, if necessary.

c)

Site access planning, including procedures for directing and coordinating employee
and delivery traffic.

d)

Site security, including security fencing and locked gates enclosing the facility shall
comply with National Electric Code standards. Security fencing shall be as specified
in Section II, Condition 6.

e)

During construction of the Project, any temporary construction lighting shall be
positioned downward, inward, and shielded to eliminate glare from all adjacent
properties. Emergency and/or safety lighting shall be exempt from this construction
lighting condition.

f)

Mitigation of dust.

g)

Mitigation of burning operations.

h)

Plans for staging and storage of materials and parking. During construction, the
setback may be used for staging of materials and parking.

i)

Procedure for receiving and responding directly to issues raised by adjacent and
nearby landowners or the County regarding matters covered by the plan.

Commented [CD2]: This revision aims to clarify and align
what is permitted by the County's ordinance and what was
previously discussed and agreed to among the Parties.

The Applicant shall be responsible for repairing any damage to roadways occurring during
development/construction or following commissioning of the project, or any portion thereof.
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Prior to the commencement of development/construction activities, the County and the
Applicant shall agree to the existing state of applicable roadways, to be documented by video
furnished by the Applicant in coordination with the County, or by the County with costs
assumed by the Applicant. During development/construction, the roadways shall be
monitored for damage, and the Applicant, once notified by the County of damages caused
by construction traffic, shall make repairs at the direction of the County Administrator. After
construction activities are completed, the roadways will be evaluated for damage attributed to
the construction of the Project as measured against the condition prior to construction
activity; the Applicant will be required to restore such roadways to equivalent condition as
existed prior to commencement of construction activity. However, Applicant shall have the
right to prove that the damage was not caused by activities of it or its contractors.
6)

No deliveries by heavy trucks will be made to the site between the hours of 6:00 a.m. and
8:30 a.m., nor between the hours of 2:30 p.m. and 5:00 p.m., Monday through Friday during
the time period beginning on the first day that students report to school and ending on the
last day for students to report to school, as such dates are shown and identified in the calendar
published by Mecklenburg County Public Schools for each academic year. The restriction
on delivery hours in the immediately preceding sentence shall not apply during the time
period in the summer after the last day that students report to school to school at the end of
the second semester of one academic calendar year and the first day of school for the next
academic calendar year.

SECTION IV.

ENVIRONMENTAL

1)

Applicant shall submit a Stormwater Management Plan to the Virginia Department of
Environmental Equality and an Erosion and Sediment Control Plan to the County as part of
Final Site Plan review. Applicant shall reimburse the County for all costs related to retaining
such third-party inspectors, plan reviewers, and advisors as deemed necessary by the County
for project review and inspections. All such payments shall be remitted to the County within
30 days of invoicing. The County shall retain the right to inspect the site to verify the findings
of the third-party inspectors. Any phasing of land disturbance shall be detailed in the Erosion
and Sediment Control plan and accompanying project narrative.

2)

Applicant agrees to maintain the site at all times in compliance with DEQ standards, rules,
requirements, and regulations. Applicant shall notify the County within one business day of
receiving any DEQ notice of violation and shall, within two business days of receipt, provide
the County with a copy of the notice. Thereafter, Applicant shall provide to the County within
two business days of transmission or receipt copies of all correspondence with DEQ regarding
the violation until such time as the matter is fully resolved to the satisfaction of DEQ.

3)

No burning of any debris shall be allowed onsite.

4)

Applicant will obtain an Erosion and Sediment Control Bond to ensure: 1) implementation
and/or completion of the Erosion and Sediment Control plan and operations, measures and
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actions outlined therein for the construction portion of the Project; and 2) implementation
and/or completion of the Grading Plan and operations, measures, and actions outlined
therein. Applicant will obtain from the County a Land Permit for Erosion and Sediment
Control. The permit will remain in effect until a maintenance agreement is recorded in
Mecklenburg County Circuit Court Clerk’s Office.
5)

The use of any of the following materials is expressly prohibited: PFAS, fluoropolymers, or
polytetrafluorethylenes such as GEN X, field-applied Teflon coating, or any other materials
prohibited by federal or state agencies or laws. This prohibition applies to materials applied
to the Project site or to the exterior of Project equipment by the Applicant or its contractors
and does not apply to materials contained within listed battery cells, modules, or enclosures,
or within sealed electrical equipment, where such materials are inherent to the manufactured
product. Battery make and model will have been tested using the USEPA Method 1311
Toxicity Characteristic Leaching Procedure (TCLP) for waste characterization and
demonstrate results below the hazardous waste threshold in Table 1 of 40 CFR 261.24. In
accordance with the Federal U.S. waste characterization test (TCLP), batteries will be of a
make and model characterized as a federal non-hazardous waste.

SECTION V.

DECOMMISSIONING

1)

Decommissioning shall be conducted as set forth in the Decommissioning Plan approved by
Mecklenburg County, which shall be prepared in accordance with the provisions of the
Code.

2)

No battery units (including but not limited to used, broken, defective, etc.) shall be placed,
located, deposited or disposed of, at any time, in i) the Southside Regional Public Service
Authority Landfill or other disposal site within Mecklenburg County (the “Landfill”), ii) any
waste stream that is delivered to the Landfill for disposal, or iii) any convenience center
operated by Mecklenburg County. The Applicant shall follow and comply with
decommissioning requirements to ensure all discarded batteries are transported outside of
Mecklenburg County to a recycling location or another disposal location that operates
pursuant to industry standards and applicable state regulations.

SECTION VI.
1)

VALIDITY

A building permit application for the Project must be submitted within three years of SEP
approval or within one year of execution of an interconnection service agreement with the
regional transmission organization, whichever occurs later, provided that such approval does
not extend for a total of five years beyond the approval of the SEP without the submission of
a building permit application. If no permit is filed within this period, the SEP shall become
null and void and shall require a resubmitted SEP application and subsequent approval by
the Board.
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Appendix A: Schedule of County Fees and Costs

Mitchell Energy Center Siting Agreement, Mecklenburg County, Virginia
This schedule lists the Mecklenburg County fees and costs the Applicant expects for the Mitchell
Energy Center from Siting Agreement approval through commercial operation. Fixed fees are the
County's adopted amounts as of the effective date of this Agreement. Formula-based fees show the
adopted rate and cost basis; their dollar amounts depend on final construction cost and are set at
permit application.
1. Fixed application and permit fees
These amounts are set by the County's adopted fee schedule (Planning and Zoning, effective July 1,
2026) and do not depend on construction cost.
Item

Fee

When due

Basis

Special Exception Permit
(SEP) application

$425

At SEP application

County fee schedule; paid
from Article III escrow

Rezoning application, 39-acre
project parcel to Industrial and
Rezoning application, 31-acre
residue parcel to Agricultural
Conservation (A-C),

$425

With SEP
application or after
plat recordation

County fee schedule; paid
from Article III escrow

Site Development (site plan)
application

$325

At Final Site Plan
submission

County fee schedule; paid
from Article III escrow

Commercial land disturbance
application

$200

At land disturbance
permit application

County fee schedule; paid
separately under the
Erosion and Sediment
Control Ordinance

Zoning permit

$15

Before building
permit issuance

County fee schedule; paid
from Article III escrow

Construction Traffic
Management Plan (CTMP)
application

$650

With Final Site Plan County fee schedule; paid
from Article III escrow

Fixed fees identified to date total $2,040.

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2. Building and trade permit fees
The County charges building and trade permits at the rates below, confirmed by the Building Official
on September 23 and 24, 2026. The dollar amounts depend on the Applicant's construction cost
estimate at permit application and are not fixed by this schedule.
Permit

Rate

Cost basis

Commercial building
(O&M building and any
other enclosed structure)

$0.12 per square foot

Gross floor area

Foundations and concrete
pads (battery pad,
switchyard, equipment
pads)

$50 for the first $2,000 of
estimated cost, plus $5 per $1,000
or fraction thereof above $2,000

Construction cost of the
foundations and pads only

Electrical permit

$50 for the first $2,000 of
estimated cost, plus $5 per $1,000
or fraction thereof above $2,000

Estimated cost of electrical
work

Mechanical permit (O&M
building HVAC)

Same formula

Estimated cost of mechanical
work

Plumbing permit (O&M
building)

Same formula

Estimated cost of plumbing
work

State levy

2% of each permit fee

Added to every permit under
Virginia Code 36-105

Commercial plan review

None

Confirmed by Building
Official

Certificate of occupancy or
issuance fees

None

Confirmed by Building
Official

Exclusions confirmed by the Building Official:
• Battery enclosures, inverters, transformers and other listed equipment are excluded from
construction cost. Only their foundations are included.
• The Dominion Energy substation is excluded. Dominion will construct and permit it separately.

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3. Time-based and reimbursable costs
The County has stated it cannot fix these amounts in advance because they depend on work time or
third-party invoices. They are listed here with their adopted rate or contractual cap so both parties
know the basis.
Item

Rate or cap

Basis

Commercial land
disturbance monthly fee

$200 per month while the land
disturbance permit is open

County fee schedule

Third-party review and
inspection escrow

$100,000 initial deposit before
Final Site Plan submission;
$25,000 replenishment each time
the account is depleted

Siting Agreement Article III

Emergency response
training for County staff

Applicant's cost; may be provided
by Applicant's own fire or
emergency response expert

Exhibit B, Section I,
Condition 4

Reimbursement of fire and Reasonable expenses for responses Exhibit B, Section I,
rescue response costs
to incidents at the Project caused
Condition 7
by the Project

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TABLE OF CONTENTS
ARTICLE 1 – PURPOSE AND LEGAL PROVISIONS ............................................................... 3
1.1

Enactment and Authority. ............................................................................................... 3

1.2

Conflicts and Interpretation ............................................................................................ 5

1.3

Regulations After Adoption ............................................................................................ 6

ARTICLE 2 – ADMINISTRATION .............................................................................................. 9
2.1

Zoning Administrator...................................................................................................... 9

2.2

Enforcement .................................................................................................................. 10

2.3

Planning Commission ................................................................................................... 14

2.4

Board of Zoning Appeals .............................................................................................. 16

2.5

Fees ............................................................................................................................... 18

ARTICLE 3 – PERMITS AND APPLICATIONS ....................................................................... 19
3.1

In General...................................................................................................................... 19

3.2

Zoning Permits .............................................................................................................. 20

3.3

Temporary Zoning Permits ................................................................................... 232322

3.4

Special Event Permit ..................................................................................................... 25

3.5

Certificates of Occupancy ..................................................................................... 282827

3.6

Site Development Plans ........................................................................................ 292928

3.7

Special Exception Permits .................................................................................... 454544

3.8

Zoning Text and Map Amendments ..................................................................... 515150

3.9

Variances............................................................................................................... 575756

3.10

Appeals ................................................................................................................. 595958

3.11

Public Hearings .................................................................................................... 616160

ARTICLE 4 – NONCONFORMITIES ........................................................................................ 63
4.1

Intent and Applicability ................................................................................................ 63

4.2

Standards for Nonconformities ..................................................................................... 63

ARTICLE 5 – ZONING MAP, GENERAL REQUIREMENTS ......................................... 686867
5.1

Zoning Map ........................................................................................................... 686867

ARTICLE 6 – ZONING DISTRICTS .................................................................................. 707069
6.1

Establishment and Purpose ................................................................................... 707069

6.2

Primary Zoning Districts....................................................................................... 717170

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6.3

Overlay Zoning Districts....................................................................................... 818180

6.4

Table of Permitted Uses .................................................................................. 104104103

ARTICLE 7 – COMMUNITY DESIGN STANDARD ................................................. 109109108
7.1

Supplemental Standards for Specific Uses and Structures ............................. 109109108

7.2

Streets and Travelways, Shared Access .......................................................... 180180177

7.3

Off Street Parking and Loading ...................................................................... 183183180

7.4

Landscaping and Screening ............................................................................ 191191188

7.5

Open Space ..................................................................................................... 208208205

7.6

Lighting .......................................................................................................... 211211208

7.7

Sign Regulations ............................................................................................. 216216213

ARTICLE 8 – DEFINITIONS ........................................................................................ 222222219
8.1

Purpose ............................................................................................................ 222222219

8.2

Abbreviations. ................................................................................................. 222222219

8.3

Definitions, General Terms. ............................................................................ 222222219

8.4

Definitions, Airport Overlay District. ............................................................. 268268264

8.5

Definitions, Flood Hazard Overlay District. ................................................... 269269266

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MECKLENBURG COUNTY ZONING ORDINANCE
ADOPTED 5-11-2026; EFFECTIVE DATE 7-1-2026
AMENDMENTS DATE 10-13-2026
ARTICLE 1 – PURPOSE AND LEGAL PROVISIONS.
1.1 Enactment and Authority.
1.1-1 Title. This Ordinance, the full title of which is “The Mecklenburg County, Virginia
Zoning Ordinance” shall also be permitted to be referred to as the “Zoning Ordinance”
or “Ordinance”.
1.1-2 Authority. Pursuant to § 15.2-2280 et seq., of the Code of Virginia, as amended,
Mecklenburg County is given the authority to classify and regulate land development
under its jurisdiction.
1.1-3 Purpose. The Zoning Ordinance is intended to promote the health, safety, and welfare of
the general public; to implement the adopted Mecklenburg County Comprehensive Plan
for the orderly and controlled development of the County; to implement good zoning
practice and the aesthetic values and priorities of the local citizenry; and to further
accomplish the objectives of § 15.2-2200, et seq., of the Code of Virginia, as amended.
It is not the intent of this Ordinance to exclude any person on the basis of race, color,
religion, ethnic or national origin, sex, pregnancy, childbirth or related medical
conditions, age, marital status, sexual orientation, gender identity, military status, or
disability, from enjoyment of residence, land ownership, or tenants within Mecklenburg
County, nor is it the intent of this Ordinance to use public powers in any way to promote
the separation within the County of any person on the aforementioned bases, except as
may by the incidental result of meeting the purposes outlined below. To these ends, this
Ordinance shall be designed to give reasonable consideration to each of the following
purposes:
A. to provide for adequate light, air, convenience of access, and safety from flood and
other dangers;
B. to protect against one or more of the following: overcrowding of land, undue density
of population in relation to the community facilities existing or available,
obstruction of light and air, danger and congestion in travel and transportation, or
loss of life, health, or property from fire, flood, or other dangers;
C. to facilitate the creation of a convenient, attractive, and harmonious community;

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D. to protect against destruction of or encroachment upon historic areas and working
waterfront development areas;
E. to provide for the preservation of agricultural and forestal lands and other lands of
significance for the protection of the natural environment;
F. to reduce or prevent congestion in public streets;
G. to facilitate the provision of adequate emergency services, disaster evacuation,
transportation, water, sewer, flood protection, schools, parks, forests, playgrounds,
recreational facilities, airports, and other public requirements;
H. protect surface and ground water as defined in § 62.1-255 et seq., of the Code of
Virginia, as amended;
I.

to protect approach slopes and other safety areas of licensed airports, including
United States government and military air facilities;

J.

to provide reasonable protection against encroachment upon military bases, military
installations, and military airports and their adjacent safety areas, excluding
armories operated by the Virginia National Guard;

K. to encourage economic development activities that provide desirable employment
and enlarge the tax base;
L. to promote the creation and preservation of affordable housing for meeting the
current and future needs of the County as well as a reasonable proportion of the
current and future needs of the County; and
M. to provide reasonable modifications in accordance with the Americans with
Disabilities Act of 1990 (42 U.S.C. 12131 et seq.) or state and federal fair housing
laws, as applicable.
1.1-4 Applicability.
A. Pursuant to the § 15.2-2281, et seq., of the Code of Virginia, as amended, the
provisions of this Ordinance shall apply to all property within the entire
unincorporated territory of Mecklenburg County, Virginia, including all land,
structures, water areas, and waterways or watercourses, with the exception that any
property held in fee simple ownership and used by the United States of America or
the Commonwealth of Virginia shall not be subject to the provisions contained
herein. Upon transfer of ownership or control of any portion of government lands to
private interests, the regulations of the district in which land is located shall
automatically apply.

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B. Pursuant to § 15.2-2284 et seq., of the Code of Virginia, as amended, the zoning
regulations and districts as herein set forth have been drawn with reasonable
consideration for the existing use and character of property, the Comprehensive
Plan, the suitability of properties for various uses, the trends of growth or change,
the current and future requirements of the County as to land for various purposes as
determined by population and economic studies and other studies, the transportation
requirements of the community, and the requirements for airports, housing, schools,
parks, playgrounds, recreation areas, and other public services; and the conservation
of natural resources, the preservation of flood plains, the protection of life and
property from impounding structure failures, the preservation of agriculture and
forestal land, the conservation of properties and their values, and the encouragement
of the most appropriate use of land throughout the County.
1.1-5 Conformity Required.
A. Except as otherwise provided in this Ordinance or as modified through a zoning
approval, all land, buildings, structures, and/or premises within the County shall
only be used, occupied, erected, constructed, removed, enlarged, and/or altered in
conformance with the regulations of this Ordinance.
B. All the departments, officials, and public employees of the County that are vested
with the duty of authority to issue permits or licenses shall conform to the provisions
of this Ordinance. They shall issue permits for uses, buildings, or purposes only
when they are in compliance with the provisions of this Ordinance.
1.1-6 Severability. Should the courts decide that any Section or provision of this Ordinance is
unconstitutional or invalid, such decision shall not affect the validity of the Ordinance as
a whole, or any part thereof, other than the part held to be unconstitutional or invalid.
1.2 Conflicts and Interpretation.
1.2-1 Interpretation. The Zoning Administrator shall interpret this Ordinance based upon the
following criteria:
A. Provisions shall be held to be the minimum requirements for the promotion of the
public safety, health, convenience, comfort, prosperity, or general welfare.
B. Unless otherwise specified, the standards of this Ordinance are the minimum
required.
C. Whenever provisions within this Ordinance conflict with each other, any local,
Commonwealth, or federal statute or regulation with respect to requirements or
standards, the most severe or stringent requirement or standard shall prevail.

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D. It is not the intent of this Ordinance to interfere with or repeal or annul any
easements, covenants or other agreements between parties; however, pursuant to §
15.2-2315 et seq., of the Code of Virginia, as amended, where this Ordinance
conflicts with any other lawfully adopted statute, regulation, or ordinance, the most
restrictive, or the higher standard, shall control the extent necessary to resolve the
conflict.
E. A building, structure, or use which was legally existing on July 1, 2026, shall not be
made lawful solely by adoption of this Ordinance.
F. In case of any dispute over the meaning of a word, phrase, or sentence, whether
defined herein or not, the Zoning Administrator is hereby authorized to make a
definitive determination thereof.
G. Any condition imposed or proffer accepted as part of a zoning proposal in
accordance with § 15.2-2261 et seq., of the Code of Virginia, as amended, prior to
July 1, 2026 shall be continued in effect and shall be construed to be a “local
regulation”. However, as stated in § 15.2-2261.1 et seq., of the Code of Virginia, as
amended, if there is a conflict between conditions imposed through those land use
decisions and the regulations of this Ordinance, the conditions or proffers shall
apply. If there is no condition or proffer that addresses a specific use or development
standard of this Ordinance, the requirements of this Ordinance shall govern.
1.2-2 Figures and References.
A. Where figures are contained in this Ordinance, they are provided for demonstrative
purposes only and are not a substantive part of this Ordinance.
B. If any section of this Ordinance incorporates by reference any section of the Code
of Virginia, the Virginia Administrative Code, or any other statute or regulation of
the Commonwealth of Virginia, then the Ordinance incorporates future amendments
of such statute or regulation.
1.3 Regulations After Adoption.
1.3-1 Effective Date of Ordinance. This Ordinance was adopted on May 11, 2026. This
Ordinance shall become effective on July 1, 2026 and repeals and replaces any prior
Zoning Ordinance adopted in Mecklenburg County. Its provisions shall be in force until
repealed or amended.
1.3-2 Continuation of Violations. Any development or activity in violation of the previous
Zoning Ordinance shall continue to be a violation under this Ordinance unless the
development or activity complies with the express terms of this Ordinance.

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1.3-3 Nonconformities. If any use, structure, lot, or sign legally existed prior to July 1, 2026
but does not fully comply with the standards of this Ordinance or any amendment thereto,
the use, structure, lot, or sign is considered nonconforming under this Ordinance and
shall comply with the requirements in Article 4, Nonconformities, of this Ordinance.
1.3-4 Prior Approvals and Redevelopment. Notwithstanding any requirement for special
exception approval in this Ordinance, properties that have received Mecklenburg
County approval for a use prior to imposition of the Ordinance requirement for special
exception approval shall not thereafter be required to get special exception approval in
order to make renovations to or redevelopment of such use so long as such
redevelopment complies with all Ordinance requirements and performance standards,
other than the requirement for special exception approval.
1.3-5 Complete Applications.
A. This Section pertains to applications for the following:
1. Zoning Text and Map Amendments;
2. Special Exception Permits; and
3. Variances.
B. Applications deemed by the Zoning Administrator to be complete prior to July 1,
2026, but still pending final action as of that date, will be processed in accordance
with the regulations that were in effect when the submittal was accepted.
C. An applicant with a pending application accepted prior to July 1, 2026 may opt to
have the proposed development reviewed and decided under the standards of this
Ordinance by withdrawing the pending submittal and submitting a new application
in accordance with the procedures and standards of this Ordinance.
D. To the extent such a complete application is approved and proposes development
that does not comply with this Ordinance, the subsequent development, although
permitted, will be nonconforming and subject to the requirements of Article 4,
Nonconformities, of this Ordinance.
1.3-6 Other Development Approvals.
A. This Section pertains to applications for the following:
1. Site Development Plans;
2. Zoning Permits; and
3. All other permit and development approvals not provided for in Section 1.3-4
above.

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B. Any other permits or development approvals granted prior to July 1, 2026 will
remain valid until their expiration date.
C. Developments with valid permits or development approvals granted prior to July 1,
2026 may be carried out in accordance with the terms and conditions of their
approval and the development standards in effect at the time of approval, provided
the permit or development approval is valid and has not expired.
1. If the prior approval expires or is revoked, any subsequent development or use
of the site will be subject to the procedures and standards of this Ordinance.
D. To the extent a prior-approved permit or development does not comply with this
Ordinance, the subsequent development or use, although permitted, will be
nonconforming and subject to the requirements of Article 4, Nonconformities, of
this Ordinance.
1.3-7 Vested Rights.
A. The provisions of this Ordinance shall not impair a vested right of a property owner.
The Zoning Administrator shall be authorized to make determinations on whether a
property owner’s right is deemed vested in a land use. Vested rights determinations
shall be made in accordance with § 15.2-2307 et seq. of the Code of Virginia, as
amended.
B. Nothing contained herein shall require any change in the plans or construction of
any building or structure for which a building permit was granted prior to July 1,
2026.

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ARTICLE 2 – ADMINISTRATION
2.1 Zoning Administrator.
2.1-1 Powers and Duties.
A. Zoning Administrator Designation. The staff of the Mecklenburg County Planning
and Zoning Department shall serve as Zoning Administrator of Mecklenburg
County (also referred to as “Zoning Administrator” or “Administrator”). The
Zoning Administrator shall have all authority empowered by this Ordinance on
behalf of the Board of Supervisors in the administration and enforcement of all
articles of this Ordinance.
B. Duties. The Administrator shall have such duties as are conferred by this
Ordinance and § 15.2-2286(4) and 15.2-2299 et seq. of the Code of Virginia, as
amended, including:
1. Administer and enforce this Ordinance;
2. Administer and enforce conditions attached to a rezoning;
3. Remedy any violation of this Ordinance, as outlined in Section 2.2-3
Violations and penalties;
4. Interpret zoning district boundaries;
5. Where appropriate, issue zoning permits;
6. Make necessary zoning inspections;
7. Act as Staff to the Mecklenburg County Planning Commission and the
Mecklenburg County Board of Zoning Appeals.
8. Review and approve Site Development Plans, as outlined in Article 3, Permits
and Applications, of this Ordinance;
9. Make determinations on whether a property owner’s right is deemed vested in
a land use, as outlined in Article 1, Purpose and Legal Provisions, of this
Ordinance;
10. When necessary for irregular lots, determine the boundary line(s) from which
the setback(s) shall be measured; and
11. When necessary, call for opinions or decisions, either verbal or written, from
other departments, boards, authorities, or agencies of the Commonwealth.
12. In addition to the regulations contained herein, the Zoning Administrator may,
from time to time, establish any reasonable additional administrative

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procedures deemed necessary for the proper administration and efficient permit
processing of this Ordinance.
C. Designees. The Zoning Administrator may designate a Deputy Zoning
Administrator and may designate other County personnel or contracted employees
to assist in these responsibilities, either temporarily or permanently.
2.2 Enforcement.
2.2-1 Authority.
A. Compliance Required. As provided in Article 1, Purpose and Legal Provisions, of
this Ordinance, conformity with the Ordinance is required. Failure to comply with
the requirements constitutes a violation of this Ordinance and is declared to be
unlawful.
B. Enforcement. As authorized by § 15.2-2286(A)(4) et seq. of the Code of Virginia,
as amended, the Zoning Administrator or their designee shall be responsible for
enforcing the provisions of this Ordinance. The Zoning Administrator may be
assisted in the enforcement of this Ordinance by the local offices of the Virginia
Department of Health, the Mecklenburg County Sheriff’s Office, and all other
officials of Mecklenburg County pursuant to their respective authorities and
responsibilities.
C. Falsification and Interference. Any person who knowingly makes any false
statements, representations, or certifications in any record, report, or other
document, either filed or requested pursuant to this Ordinance, or who falsifies,
tampers with, or knowingly renders inaccurate any monitoring device or method
required or used by the Zoning Administrator under this Ordinance in monitoring
discharges, shall be guilty or liable under this Article.
2.2-2 Complaints and Inspection.
A. Complaints of Violations. Whenever a violation of this Ordinance occurs, or is
alleged to have occurred, any person may file a written complaint with the Zoning
Administrator. Such complaint shall state fully the cause and basis of such
complaint and the location of the alleged violation. The Zoning Administrator or
their designee shall record such complaint, immediately investigate the facts
thereof, and take action, as provided by this Ordinance.
B. InpsectionsInspections. The Zoning Administrator or their designee may enter
upon or inspect any land or structure to ensure compliance with the provisions of
this Ordinance. The Administrator or their designee shall first attempt to receive
permission from the landowner to enter upon land for these purposes. If consent is
not granted by the landowner, the Zoning Administrator or their designee may

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enter upon land in accordance with § 15.2-2286(A)(16) et seq. of the Code of
Virginia, as amended.
2.2-3 Violations and Penalties.
A. Notice. Upon becoming aware of any violation of any provision(s) of this
Ordinance, the Zoning Administrator shall serve notice of such violation on the
person committing or permitting the same.
1. The notice of violation shall be mailed by registered or certified mail or hand
delivered. In addition to the required mailings, a copy of the notice may also be
transmitted through electronic means.
2. The notice of violation shall state:
a. The nature of the violation;
b. Date that the violation was observed;
c. The remedy or remedies necessary to correct the violation;
d. A reasonable time period in which the violation can be corrected;
e. A statement informing the recipient of the notice of violation that they have
a right to appeal the notice or written order within thirty (30) days in
accordance with § 15.2-2311 et seq. of the Code of Virginia, as amended;
f. The applicable appeal fee and a reference to where additional information
may be obtained regarding the filing of an appeal; and
g. That the decision shall be filed and unappealable if not appealed within
thirty (30) days.
B. Appeals. Appeals of notices of violation shall be heard by the BZA in accordance
with the procedures set forth in Section 2.4, Board of Zoning Appeals of this
Ordinance.
2.2-4 Remedies and Penalties for Violations. Upon becoming aware of any violation and
determining validity of any of the provisions of this Ordinance, the Zoning
Administrator or their designee may initiate appropriate action or proceedings, as
permitted by law, including injunction, mandamus, abatement to restrain, correction, or
abatement. The remedies provided in the penalties sections below are cumulative and
not exclusive, except to the extent expressly provided therein.
A. Civil Penalties.
1. Any violation other than as provided for in Section 2.2-4 B. Criminal Penalties
below, for criminal penalties, shall be subject to the following civil penalties,

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as provided in § 15.2-2209 et seq. of the Code of Virginia, as amended, and
subject to the following:
a. Proceedings seeking civil penalties for violations of this Ordinance shall
commence either by filing civil summons in the general district court of
Mecklenburg County or by the Zoning Administrator or other Agent
issuing a ticket.
b. A civil summons or ticket shall contain, at a minimum, the following
information:
i.

Name and address of the person charged;

ii. Nature of the violation and the Ordinance provisions allegedly being
violated;
iii. Location, date, and time the violation occurred or was observed;
iv. Amount of the civil penalty for the violation; and
v.

Right of the recipient to elect to either pay the penalty or stand trial for
the violation and the date of such trial. The summons shall state that
the person shall pay the penalty as laid out in the summons. The
summons shall provide that a signature is an admission of liability that
shall have the same force and effect as a judgement of the court.
However, such admission shall not be deemed a criminal conviction or
any purpose.

c. Any violation of this chapter shall be subject to a civil penalty of $200.00
for the initial summons, and a civil penalty of $500.00 for each additional
summons arising from the same set of operative facts.
d. Each day during which a violation is found to exist shall be a separate
offense. However, the same scheduled violation arising from the same
operative set of facts may be charged not more than once in a ten-day
period.
e. The total civil penalties from a series of violations arising from the same
set of operative facts shall not exceed $5,000.00. After the civil penalties
reach the $5,000.00 limit, the violation may be prosecuted as a criminal
misdemeanor under Section 2.2-4 B. Criminal Penalties.
f. Any person summoned or ticketed for a violation of this chapter may elect
to pay the civil penalty by making an appearance in person or in writing by
mail to the department of finance prior to the date fixed for trial in court. A
person so appearing may enter a waiver of trial, admit liability, and pay the

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civil penalty established for the offense charged. A signature to an
admission of liability shall have the same force and effect as a judgment of
court. However, an admission shall not be deemed a criminal conviction
for any purpose. If a person charged with a violation does not elect to enter
a waiver of trial and admit liability, the violation shall be tried in the
general district court in the same manner and with the same right of appeal
as provided by law. A finding of liability shall not be deemed a criminal
conviction for any purpose.
B. Criminal Penalties.
1. Any violation of the requirements of this Ordinance that results in injury to a
person or persons, or where such civil penalties exceed $5,000, shall be a
misdemeanor, and, upon conviction thereof, shall be punishable by a fine of
not less than $10 and not more than $1,000.
2. If the violation is uncorrected at the time of conviction, the court shall order
the violator to abate or remedy the violation in compliance with this
Ordinance, within a time period established by the court. Failure to remove or
abate such violation within the aforementioned time period shall constitute a
separate misdemeanor offense punishable by a fine of not less than $10 nor
more than $1,000, and any such failure during any succeeding ten-day period
shall constitute a separate misdemeanor offense for each ten-day period,
punishable by a fine of not less than $100 no more than $1,500.
3. If a person charged with a violation does not elect to enter a waiver of trial and
admit liability, the violation shall be tried in the general district court in the
same manner and with the same right of appeal as provided by law or equity
and it shall be the County’s burden to prove the violator’s liability by a
preponderance of the evidence. A finding of liability shall not be deemed a
criminal conviction for any purpose.
C. The Zoning Administrator may issue a stop work order on any building or
structure on any land on which there is or has been an uncorrected violation of this
Ordinance, of a permit or development approval, or of another form of
authorization issued hereunder in accordance with its powers to stop work under
the Virginia Uniform Statewide Building Code.
2.2-5 Revocation of Permits. This section shall apply to any situation where the applicant has
supplied materially misleading information relating to the approval of a permit issued
by the Zoning Administrator or the change of a use that increases in intensity or
invalidates the requirements of the permit.

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A. Basis for Revocation and Notice. If the Zoning Administrator determines that there
are reasonable grounds for revocation of any administratively approved permit, the
Zoning Administrator shall notify the permit holder in writing. Such notice shall
inform the permit holder of the alleged grounds for the revocation and shall
include specific reasons or findings of fact that support the revocation. Revocation
of a permit by the Zoning Administrator may be appealable to the Board of Zoning
Appeals.
1. Revocation of a permit shall have the same effect as issuance of a stop work
order per Section 2.2-4 C. above.
2. A decision to revoke the aforementioned permit shall become final thirty (30)
calendar days after the date the decision is rendered, unless appealed. After
such effective date of revocation, any activities continuing pursuant to such
permit shall be deemed to be in violation of this chapter and subject to the
penalties detailed herein.
3. The right to revoke an administratively approved permit, as provided for
above, shall be cumulative to any other remedy allowed by law.
2.3 Planning Commission.
2.3-1 Establishment of Board. A Planning Commission is hereby established for
Mecklenburg County.
2.3-2 Composition/Appointment and Terms of Members/Filling of Vacancies. The Planning
Commission shall consist of ten (10) members. Members shall be appointed to fouryear terms by the Board of Supervisors. Nine (9) members will be appointed by the
Board according to electoral district, with one (1) member appointed from each district.
District appointees shall be residents of the district to which they are appointed. One
(1) member of the Commission shall be a member of the Board of Supervisors. The
Board shall select their member at the first meeting following the November Board of
Supervisors general election for a term to begin in January. This Member shall serve
until the expiration of their four-year term on the Board but may be eligible for reappointment to the Commission if re-elected. The Board member shall serve in as an
ex-officio, non-voting member of the Commission and shall not be counted for
purposes of establishing a quorum. Each member, other than the Supervisor, shall serve
until their successor is appointed and qualified. When vacancies arise by any cause
other than expiration of the initial appointee’s term, the vacancy is to be filled by a new
appointment by the Board. These new appointees shall serve the unexpired term only
but may also be appointed for a new four-year term, which shall commence from the
time that the unexpired term ends.

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2.3-3 Removal of Members. Commission members may be removed for malfeasance in
office. A member of the County Planning Commission may also be removed from
office by the Board of Supervisors without limitation in the event that the Commission
member is absent from any three (3) consecutive meetings of the Planning
Commission, or is absent from any four (4) meetings of the Commission within any
12-month period.
2.3-4 Powers and Duties. The Planning Commission shall perform the duties as provided in
this Ordinance and pursuant to § 15.2-2221 and 15.2230, et seq., 15.2-2232 et seq., and
15.2-2285 et seq. of the Code of Virginia, as amended, including but not limited to the
following:
A. Zoning Amendments. Review applications for amendments to the text of this
Ordinance or to the Zoning Map and make recommendations to the Board of
Supervisors as necessary;
B. Special Exceptions. Review applications for special exception permits, and make
recommendations to the Board of Supervisors as necessary;
C. Special Matters. Review and make comments and/or recommendations on special
matters referred to the Planning Commission by the Board of Supervisors or the
Board of Zoning Appeals for the purpose of carrying out the intent of this
Ordinance;
D. Comprehensive Plan. Review the Comprehensive Plan at least once every five
years and provide the Board of Supervisors with recommendations for any
necessary amendments or updates to ensure the Plan remains current.
E. Public Facilities Review. Review the general location, character, and extent of
streets, street connections, parks or other public areas, public buildings or public
structures, public utility facilities or public service corporation facilities, except
railroad facilities or underground natural gas or underground electric distribution
facilities, for accordance with the adopted Comprehensive Plan.
1. Widening, narrowing, extension, enlargement, vacation, or change of use of
streets or public areas shall likewise be submitted for approval.
2. Paving, repair, reconstruction, improvement, drainage or similar work, and
normal service extensions of public utilities or public service operations shall
not require approval unless involving a change in location or extent of a street
or public area.
2.3-5 Meetings and Procedures.

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A. Monthly Meetings. The Planning Commission shall hold regular monthly
meetings. Special meetings of the Commission may be held at the call of the Chair,
upon the recommendation of the Zoning Administrator; or by four (4) members
upon a written request made to the Chair and Zoning Administrator. Adequate
notice shall be made of such special meeting in accordance with the provisions of
the Code of Virginia.
B. Quorum and Voting. A quorum shall constitute at least six five (5) members. No
action of the Planning Commission shall be valid unless authorized by a majority
vote of those present and voting.
C. Chairperson. The Planning Commission shall, from the appointed members, elect a
chairperson and a vice-chairperson on an annual basis.
D. Rules of Procedures. The Planning Commission shall adopt rules for transacting
their business and shall keep a record of its transactions which shall be public
record.
2.4 Board of Zoning Appeals.
2.4-1 Appointment; Terms; Membership; Removal.
A. Legal Authority. Pursuant to § 15.2-2308 et seq. of the Code of Virginia, as
amended, a Board of Zoning Appeals (BZA) shall be created and organized as
follows:
1. A BZA consisting of five (5) members and two (2) alternate members, who are
residents of Mecklenburg County, shall be appointed by the circuit court judge
presiding in Mecklenburg County. Such candidates shall first be recommended
to the judge by the Mecklenburg County Board of Supervisors.
2. The term of office shall be for five (5) years. Appointments for vacancies
occurring other than by expiration of term shall in all cases be for the
unexpired term only. A member whose term expires shall continue to serve
until the successor is appointed and qualifies. Members may be reappointed to
succeed themselves.
3. Members of the BZA may not hold other public office for Mecklenburg
County if such office requires an election by the qualified voters of
Mecklenburg County.
4. Any BZA member or alternate may be removed for malfeasance, or for other
just cause, by the presiding Judge of the Circuit Court of the County.
2.4-2 Powers and Duties.

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A. Legal Authority and Powers. Pursuant to § 15.2-2309 et seq. of the Code of
Virginia, as amended, the BZA shall have the following powers and duties after
required notice and hearing as provided in § 15.2-2204 et seq. of the Code of
Virginia, as amended:
1. To hear and decide appeals from any order, requirement, decision, or
determination made by an administrative officer in the administration or
enforcement of this Ordinance as outlined in Section 3.10, Appeals;
2. To authorize upon appeal or original application in specific cases such
variances, as defined in § 15.2-2201 et seq. of the Code of Virginia, as
amended, from the terms of this Ordinance when the strict application of the
Ordinance would unreasonably restrict the utilization of the property, and such
need for a variance would not be shared generally by other properties, and if
the applicant proves through a preponderance of evidence that a literal
enforcement of the provision will result in unnecessary hardship; provided that
the spirit of the Ordinance shall be observed. Standards and procedures for
determining variances are outlined in Section 3.9, Variance; and
3. To hear and decide applications for interpretation of the Zoning Map where
there is any uncertainty as to the location of a district boundary, only if;
a. The Zoning Administrator is unable to interpret boundaries, as outlined in
Section 2.1, Zoning Administrator of this Ordinance; or
b. If an applicant appeals the Zoning Administrator’s interpretation.
c. After notice to the owners of the property affected by any such quest ion,
and after public hearing with notice as required by § 15.2-2204 et seq. of
the Code of Virginia, as amended, the BZA may interpret the map in such
way so as to carry out the intent and purpose of this Ordinance for the
district in question.
4. The provisions of this section shall not be construed as granting the BZA the
power to rezone property, substantially change the locations of district
boundaries as established by this Ordinance, or to base decisions on the merits
of the purpose and intent of other County ordinances duly adopted by the
Board of Supervisors.
5. The BZA may use County staff for administrative assistance, legal counsel,
and other technical services as the BZA may deem necessary for transaction of
its business.
2.4-3 Meetings and Procedures.

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A. Rules and Regulations. The BZA shall adopt such rules and regulations as it may
consider necessary.
B. Meetings. Meetings of the BZA shall be held as scheduled by the Zoning
Administrator, at the call of its Chair, or at such time as quorum of the BZA may
determine.
C. Public Meetings. All meetings of the BZA shall be open to the public.
D. Quorum and Voting. A quorum shall be at least three (3) members. The concurring
vote of a majority of the BZA members present and voting shall be necessary to
reverse any order, requirement, decision, or determination of any administrative
official or to decide in favor of the applicant on any matter on which the BZA is
required to act. A tie vote shall uphold the order, requirement, decision, or
determination of any administrative official and shall not grant the request of the
applicant.
E. Chair and Vice Chair. The BZA shall choose its own chair and vice chair on an
annual basis. The vice-chair shall act in the absence of the chair and may
administer oaths and compel the attendance of witnesses.
F. Minutes. The BZA shall keep minutes of its proceedings, showing the vote of each
member upon each question or, if absent or failing to vote, indicating such fact. It
shall keep records of its examinations and other official actions, all of which shall
be immediately filed in the Planning and Zoning Department and shall be public
record.
G. Disclosure. Pursuant to § 15.2-2287.1 et seq. of the Code of Virginia, as amended,
members are required, prior to or at a hearing on a matter, to make a full public
disclosure of any business or financial relationship that such member has or has
had within the 12-month period prior to such hearing and shall be ineligible to vote
or participate in any way upon the matter.
2.5 Fees.
2.5-1 The Board of Supervisors shall establish, by ordinance, a schedule of fees, charges, and
expenses, and collection procedures for zoning permits, special exception permits,
variances, appeals, amendments, site development plan reviews, and other matters
pertaining to this Ordinance.
2.5-2 The schedule of fees shall be available for inspection in the Planning and Zoning
Department and electronically and may be altered or amended by the Board of
Supervisors by ordinance amendment, as directed in § 15.2-107 et seq. of the Code of
Virginia, as amended.

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ARTICLE 3 – PERMITS AND APPLICATIONS
3.1 In General.
3.1-1 Preapplication Meeting. Prior to filing an application for a special exception permit,
zoning text or map amendment, or site development plan, the developer may confer
with the Administrator or their designee and such other agencies of the County or the
Commonwealth as the Zoning Administrator deems fit concerning the general
proposal. During this meeting, the applicant may present a Concept Plan for
preliminary review, comment, and recommendation by the Planning and Zoning staff,
other County staff, and partners such as Virginia Department of Transportation
(VDOT). Such action does not require formal application and is not to be construed as
filing an application nor shall it be included in computing time limitations.
3.1-2 Minimum Submittal Standards.
A. The Administrator shall establish minimum standards for submittal requirements
of all applications associated with this Ordinance. Applications shall contain all
information required to meet the minimum standards.
B. Upon written request by an applicant, the Administrator may waive or modify a
submittal requirement(s) upon a determination that the information is not
necessary to evaluate the merits of the application. Such waivers or modifications
are for application requirements only and do not include variances or
modifications from district or use standards.
C. Additional information may be required as deemed reasonably necessary by the
Administrator.
D. The Administrator may request electronic submittal of applications and supporting
documents in addition to, or in lieu of, physical submittal of applications as
outlined in this Article.
3.1-3 Forms. Applications for amendments to the Ordinance or Official Zoning Map, site
development plans, variances, special exception permits, certificates of occupancy, or
zoning permits, and any other request requiring action shall be made on forms provided
by the County.
3.1-4 Ownership Disclosure. An applicant shall disclose all equitable ownership of the real
estate included in an application. In the case of corporate ownership, the names of
officers and directors shall be provided, and in any case the names and addresses of all
real parties of interest in accordance with § 15.2-2289 et seq. of the Code of Virginia,
as amended.

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3.2 Zoning Permits.
3.2-1 Purpose and Applicability.
A. When Required. A zoning permit shall be required in the following circumstances.
1. New use. Prior to establishing a new non-residential use, excluding bona fide
agricultural uses as defined herein.
2. New construction or alterations. Prior to construction of new buildings, signs,
or other structures or reconstruction, enlargement of existing buildings,
structures, or signs.
3. Site Preparation. For the purposes of this Ordinance, "construction" includes
any land-clearing or grading activities performed in preparation for a new use
or structure. No land shall be cleared until the Zoning Administrator has issued
a permit verifying compliance with all applicable regulations.
4. New farm structures. A zoning permit is required for all farm structures,
however, farm structures may be exempt from the requirement for a building
permit in accordance with Section 36-99(B) of the Code of Virginia.
a.

Applicants seeking a zoning permit for an exempt farm structure shall if
they are located on property ten (10) acres or greater in size and the
applicant provides a valid Federal Farm Tax ID number to document the
structure's use for bona fide agricultural operations.

b.

Farm structures that are exempt from the provisions of the Building Code,
where the public is invited to enter for an agritourism activity as defined in
Section 3.2-6400 of the Code of Virginia, for recreational, entertainment, or
educational purposes and that is used for display, sampling, or sale of
agricultural, horticultural, floricultural, or silvicultural products produced
on the farm or the sale of agricultural-related or silvicultural-related items
incidental to the agricultural operation shall have:

i

Portable fire extinguishers for the purpose of fire suppression;

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ii A simple written plan in case of an emergency, but such plan shall not be
construed to be interpreted as a fire evacuation plan under the Uniform
Statewide Building Code or any other local requirements; and
4.iii
A sign posted in a conspicuous place upon entry to the farm
building or structure that states that "This building is EXEMPT from the
Uniform Statewide Building Code. Be alert to exits in the event of a fire or
other emergencies." Such sign shall be placed in a clearly visible location
near the entrance to such farm building or structure. The notice shall

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consist of a sign no smaller than 24 inches by 36 inches with clearly
legible black letters, with each letter to be a minimum of one inch in
height.
B. No zoning permit shall be issued for a building, structure, sign, or use unless it
complies with the provisions of this Ordinance, or a special exception permit,
variance, or written order from an appeal has been approved as provided by this
Ordinance.
C. No building permit or electrical permit for a new structure or building shall be
issued by the Building Official without an approved zoning permit or prior
approval from the Zoning Administrator.
3.2-2 Standards and Procedures.
A. Zoning Applications. The Zoning Administrator shall review each application for a
zoning permit to ensure that the building, structure, sign, or use proposed is in
accordance with the terms of this Ordinance.
B. Required Content. The following shall be submitted to the Zoning Administrator
for review:
1. Site development plans shall be submitted as required in Section 3.6, Site
Development Plans of this Article.
2. When site development plans are not required, each zoning permit application
shall be accompanied by one (1) copy of the most recent plat of record of the
land to be built upon. If no such plat exists, the applicant shall provide a copy
of the most recent deed description thereof, along with a survey when the
property has not ever been surveyed, with dimensions, that shows:
a. Lot lines;
b. Location of buildings on the lot including setback measurements from each
property boundary;
c. Suitable notations indicating the proposed use of all land and buildings;
d. Points of connection to public water and sewer and/or location of wells and
septic systems and reserve drainfields;
e. The proposed nature and manner of grading the site, including proposed
treatment of slopes more than ten percent (10%) to prevent soil erosion and
excessive runoff.
f. Delineation of all floodplain limits;

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g. Delineation of any overlay areas as defined in Article 6, Zoning Districts,
of this Ordinance;
h. Such other information as may be necessary to provide for the enforcement
of these regulations; and
i. A statement signed by the applicant which states:
i.

“The information given is correct to the best of my/our knowledge,
including any attached plans, drawings, or supplemental information;
and I/we accept liability for any land disturbance or construction that
is in violation of the Mecklenburg County Zoning Ordinance and the
Mecklenburg County Subdivision Ordinance.”

3.2-3 Action on Applications.
A. Timeline for Action. Upon receipt of a completed application for a zoning permit,
the Zoning Administrator or their designee shall approve, conditionally approve, or
deny the application within ten (10) business days and give applicant written
notice of the decision.
B. Zoning Permit Approval. The Zoning Administrator or their designee shall
authorize the issuance of a zoning permit upon a finding that:
1. The proposed structure, use, or event is in conformity with the provisions of
this Ordinance.
2. The proposed structure, use, or event conforms to all applicable health, zoning,
fire, and safety standards mandated by the laws of the Commonwealth and the
ordinances of the County;
3. All information, exhibits, and documentation required pursuant to this section
have been submitted to the Zoning Administrator or their designee; and
4. The proposed structure, use, or event is determined to be compatible with the
public interest and will not adversely affect, endanger, or otherwise constitute a
detriment to the public health, safety, or general welfare of County residents.
C. New Electrical Connections. Prior to the authorization of any zoning permit
involving a new electrical connection, the applicant shall demonstrate confirmed
provision of public water and sewer or written approval for the placement of onsite well and septic systems. Where existing facilities are present, applicants shall
verify that such systems are properly permitted and meet all current regulatory
standards.
1. The requirements for the verification of public water and sewer or on-site well
and septic systems shall not apply under the following circumstances:

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a. Structures powered exclusively by alternative energy sources, including,
but not limited to, solar arrays, wind turbines, or private generators,
provided the structure is not connected to the public electrical grid.
b. The establishment of shoreline structures such as boathouses, docks, and
piers, provided the following conditions are met:
i. The structure's use is limited strictly to water access, boat storage, and
recreational purposes.
ii. The structure contains no facilities for overnight stays, including but
not limited to bedrooms, full bathrooms, or kitchen installations.
iii. The electric connection shall not be utilized to facilitate the siting of a
camper, travel trailer, or any other form of temporary or permanent
dwelling.
D. Not a Guarantee of Subsequent Approvals. Approval of zoning permit does not
guarantee that development approved through said permit will receive subsequent
approval for any other necessary permits or development approvals as otherwise
required.
E. Denial of Zoning Permits. When a zoning permit is denied, the decision shall be
provided in writing and shall include the specific reason(s) for the denial.
3.3 Temporary Zoning Permits.
3.3-1 Purpose and Applicability.
A. Temporary Uses. This Section governs the establishment and duration of temporary
uses. Temporary Uses are classified as permitted or special exception uses in the
designated zoning districts. Unclassified temporary uses may be authorized at the
discretion of the Zoning Administrator.
B. Permitted Temporary Uses. No temporary use or structure, as defined herein shall
be conducted, erected, established, or maintained without a valid temporary zoning
permit. However, if the use meets the criteria for a special event outlined in Section
3.4, Special Events, a special events permit issued in writing by the Zoning
Administrator shall be required instead of a temporary zoning permit. Permitted
temporary uses shall include:
1. Food truck per regulations in Section 7.1-1565, Food Trucks;
2. Model home;
3. Temporary construction facility per regulations in Section 7.1-2931,
Temporary Construction Facility;
4. On-site sales office for new residences

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5. Special events per regulations in Section 7.1-276, Special Events;
6. Farmers’ market / wayside stand;
7. Outdoor retail sales event;
8. Temporary living quarters per regulations in Section 7.1-320 Temporary Living
Quarters;
9. Temporary family health care structure
10. Other similar temporary uses.
3.3-2 Standards and Procedures.
A. Application Requirements. An application for a temporary zoning permit shall be
filed with the Zoning Administrator on a form provided by the County,
accompanied by such information as required below. At a minimum, the
application shall be accompanied by a conceptual development plan, which shall
include:
1. A description of the proposed temporary use, including the days and hours of
operation, and the number of persons expected to attend;
2. The location and dimensions of any proposed buildings or structures to be
erected or used, including setback distances and notation of setbacks required
by this Ordinance;
3. The location of public ingress and egress to the parcel where the proposed
temporary use is to be located;
4. The location, number, and dimensions of proposed parking areas;
5. A description of the measures that will be taken to minimize noise, glare,
odors, and traffic congestion that are attributable to the proposed temporary
use;
6. Proof of ownership of the property or evidence to show approval of the
property owner for the use requested; and
7. Any other information needed as listed in Section 7.1 Supplemental Standards
for Specific Uses and Structures.
B. Conditions Required for Approval. No temporary use shall be permitted unless it is
determined that the following requirements are met, including any requirements
for public safety. It shall be the applicant’s responsibility to demonstrate
compliance with these standards. The Zoning Administrator may impose

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reasonable conditions on the proposed use to ensure compliance with these
standards or other applicable provisions of law.
C. Action by the Zoning Administrator. The Zoning Administrator shall approve or
deny a temporary zoning permit application in accordance with the procedures
outlined in Section 3.2-3. Approval shall be conditioned upon the determination
that:
1. Adjacent uses shall be suitably protected from any adverse effects of the use,
including noise and glare. The use shall be consistent with any County
ordinances regulating noise.
2. The use shall not create hazardous conditions for vehicular or pedestrian traffic
or result in traffic in excess of the capacity of streets serving the use.
3. Adequate solid waste management, security, emergency services, and similar
necessary facilities and services shall be available for the temporary use or
structure, and all necessary sanitary facilities shall be approved by the County
health department.
4. The site is suitable for the proposed use, considering flood hazard, drainage,
soils, and other conditions which may constitute a danger to life, health, or
property.
5. The use shall not have a substantial adverse impact on the natural environment,
including trees, ground cover, and vegetation.
6. The use shall not have a substantial adverse impact on public safety.
D. Termination and Revocation.
1. At the end of the time period for which the temporary use was permitted, the
use shall be discontinued, and all temporary structures and signs shall be
removed within forty-eight (48) hours.
2. The Zoning Administrator may revoke a temporary use permit at any time
upon the failure of the owner or operator of the use covered by the permit to
observe all requirements of the permit, this Ordinance, and other relevant
provisions of law. Notice of such revocation shall be given in writing by the
Zoning Administrator to the owner or operator of the use, by hand-delivery or
certified mail, with a copy sent through electronic means, setting forth the
reasons for the revocation, the date and time upon which the revocation is
effective, and the appeals procedure.
3.4 Special Event Permit.

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3.4-1 When required. This Ordinance requires approval of a special event permit when the
event meets any of the following criteriahas :
A.3.4-1
Five five hundred (500) or more attendees,; or if the event meets all of the
following criteria:
A. Two hundred (200) or more attendees
B. Will have impacts to nearby roads, residences, and/or business;

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C. Use of amplified sound, and/or
D. The event will require paid admission and is open to the general public.
3.4-2 Application Requirements.
A. An Application for a special event permit shall be made to the Zoning
Administrator or their designee. The application shall be submitted at least thirty
(30) days prior to the date upon which the special event is to be held. Such
application will be made on a form provided by the County and shall have attached
plans, documents, approvals, and other material as required by this Ordinance.

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B.

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An applicant may submit a single application for an annual special event permit to
cover multiple events throughout the calendar year, provided all planned event
dates, times, and locations are specified and submitted in advance at the time of
application.

A. At a minimum, the a special event permit application shall be accompanied by a
cothe following information: nceptual event plan, which shall include:

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3.4-3C.
Conditions Required for Approval. No permit shall be issued under this
chapter unless the following conditions are met and the following, plans,
statements, and approvals are submitted to the Zoning Administrator or their
designee with the application. Special events must also follow the regulations in
Section 7.1-26, Special Events.
A.1.

Concept Plan. The applicant shall furnish a concept plan showing:

1.a. Any physical facilities existing or to be constructed on the premises,
including, but not limited to, fences, tents, and stages;
2.b. The location, capacity, and nature of any temporary lighting or sound
facilities;
3.c. The location, capacity, and nature of all temporary water, toilet, and other
public health-related facilities; and
4.d. Vehicle ingress, egress, and parking plan.

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B.D. Type and Nature of Special Event. The applicant shall provide a
description of the special event and the type and nature of any performances,
entertainment, or vendors, together with the names of the expected performers
or vendors.
C.E.Dates and Hours of Special Event. The applicant shall provide the date or
dates and hours during which the special event is to be conducted, together
with an estimate or schedule of the dates and hours of any performances,
entertainments, or other events.
D.F. Noise. Noise levels resulting from the special event shall not be unreasonably
audible beyond the property on which the special event is held. The applicant
shall submit a written statement specifying the expected noise level at the
perimeter of the property.
E.G. Toilet and/or Lavatory Facilities. The applicant shall provide a statement
and plan concerning adequate toilet and/or lavatory facilities. A description of
the type and number of toilets shall be provided. This plan shall be approved
by the Virginia Department of Health.
F.H. Federal, Commonwealth, and Local Permits. Before a final permit is granted,
an applicant who is granted a conditional permit for any special event shall
provide a final site plan that includes proof of other federal, Commonwealth,
or local approvals, licenses, or permits as required by law, whether for the
event or by the vendors and/or performers.
3.4-3 Action on Applications.

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subsection at #1 to indicate that this and subsequent
subheadings all fall under the requirements for the
special event permit application

A. Action by the Zoning Administrator. The Zoning Administrator shall approve or
deny a special event permit application in accordance with the procedures outlined
in Section 3.2-3. Approval shall be conditioned upon a determination that:
1. That the special event will be held at a location which complies with and meets
all of the health, zoning, fire, and safety requirements and standards of the laws
of the Commonwealth and ordinances of the County applicable thereto;
2. The applicant has provided proof of all required Federal, Commonwealth, and
local approvals, licenses, or permits as required by law.
3. It appears the proposed special event will be conducted in full accord with all
requirements of this Ordinance, including Section 7.1-276, Special Events. and
will not substantially jeopardize, adversely affect, endanger, or otherwise
constitute a menace to the public health, safety, or general welfare of the
residents of the County.

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B. Additional Conditions. Prior to receiving a special event permit, an applicant may
be required to meet conditions in addition to those specified in this Ordinance
which are deemed necessary by the Zoning Administrator or their designee to
protect the health, safety, and general welfare of the persons attending such
gathering, or the public in general. If the special event results in the need for
County services beyond those set forth in Section 7.1-27 this Ordinance, the
applicant shall bear the costs thereof.
3.4-4 Revocation of Permit. Any violation of one or more of the requirements of this
Ordinance or any violation of one or more of the terms and conditions of a permit
issued hereunder shall be grounds for immediate revocation of the permit by the
Zoning Administrator or their designee. Upon revocation of the permit, the applicant
shall immediately terminate the special event and provide for orderly dispersal of those
in attendance. Applicants whose permits are revoked may be denied permits for future
events.
3.5 Certificates of Occupancy.
3.5-1 Applicability. It shall be unlawful to use or permit the use of any building or premises,
or part thereof; hereafter created, converted, enlarged, or otherwise altered; wholly or
partly in its use or structure, until the issuance of a certificate of occupancy or
temporary certificate of occupancy by the Building Official.
3.5-2 Standards and Procedures.
A. Such certificate shall show that such building, premises, or part thereof, and the
proposed use thereof is in conformity with the provisions of this Ordinance,
provided the following standards are met in full:
1. All structures are fully completed and ready for occupancy prior to the
completion of any improvements required by the original permits, Virginia
Uniform Statewide Building Code, and any required site development plan;
2. The Building Official has determined that the site may be occupied
consistently with the overall public health, safety, and welfare; and
3. Improvements deemed directly related to health and safety have been installed
and are operational.
B. The owner or applicant may provide bond with surety adequate to guarantee the
completion by time certain of such site development plan improvements as related
to the building for which the permit is sought, and upon the providing of such
bond with surety and approval by the Zoning Administrator, a permit may be
issued for the occupancy of those structures already completed.

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1. Improvements deemed directly related to health and safety shall not be
bonded.
2. The County may accept a cashier’s check in lieu of a corporate surety. Such
cashier’s check shall be made payable to the Mecklenburg County Board of
Supervisors and may be placed in an escrow account whereby the developer
may draw interest. If a cashier’s check is provided as a performance bond,
there shall be a reasonable fee paid by the developer for cost incurred by the
County to perform necessary work involved.
C. Upon the request of the permit holder, a temporary certificate of occupancy may
be issued before the completion of the work covered by the permit, provided that
such portion of a building or structure may be safely occupied prior to full
completion of the building or structure without endangering life or public safety.
3.6 Site Development Plans.
3.6-1 Purpose and Intent.
A. The purpose of this section is to encourage innovative and creative design; to
facilitate the orderly development of land in Mecklenburg County and to ensure
that land be used in a manner which is efficient and harmonious with surrounding
property, in accordance with the provisions of this Ordinance and with the
Mecklenburg County Comprehensive Plan; and in the interest of the general public
health, safety, and welfare. More specifically, a site development plan shall be
used to review:
1. The project’s compatibility with its environment and with other existing land
uses and buildings in the area;
2. The ability of the project’s traffic circulation system to provide for the
convenient and safe internal and external movement of vehicles and
pedestrians;
3. The quantity, quality, utility, and type of the project’s required community
facilities; and
4. The location and adequacy of the project’s landscape improvements and
provision for drainage and utilities.
3.6-2 Applicability.
A. General.
1. Pursuant to § 15.2-2286(A)(8) et seq. of the Code of Virginia, as amended, all
development in the County requires approval of a site development plan in

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accordance with the procedures and standards in this Section prior to the
issuance of a building permit or temporary or final certificate of occupancy, or
any land disturbance, with the following exceptions:
a. The construction or change in occupancy of any single-family dwelling on
a tract or parcel with no existing dwellings;
b. The construction or change in occupancy of a single-family dwelling on a
tract or parcel with one (1) existing dwelling;
c. The construction of a two-family dwelling on any tract or parcel with no
existing dwellings
d. Any accessory structure or improvement to a single-family dwelling or
two-family dwelling;
e. Subdivisions exempted by the County Subdivision Ordinance;
f. Off-street parking with less than ten (10) spaces;
g. Bona fide agricultural operations and the customary accessory uses and/or
structures associated with bona fide agricultural operations; and
h. Repairs of a general nature to existing buildings.
2. Any development within the categories listed above that is proposed after the
adoption date of this ordinance where building permits have not yet been
obtained, including projects with previously approved concept plans, shall
submit and receive administrative approval for a site development plan prior to
any site activity. When a change of use is proposed that requires additional offstreet parking or changes to exterior elements of a previously approved site
development plan, an amended site development plan shall be submitted for
review to ensure that the change of use can be accomplished within the
regulations of this Ordinance.
3. The Zoning Administrator may waive the requirement for a site development
plan in a particular case upon a finding that they have the authority to act and
after finding that the requirement of such plan would not forward the purposes
of this Ordinance or otherwise serve the public interest.
4. Compliance with the provisions of this Section shall in no event be construed
to relieve the applicant of the duty of compliance with all other applicable
provisions found elsewhere in the Ordinance or in other County Ordinances.
3.6-3 Specifications and Contents.

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A. Site development plans, or any portion thereof, involving engineering,
architecture, landscape architecture, or land surveying, shall be prepared by
persons professionally certified in the Commonwealth of Virginia to do such
work.
B. Site development plans shall be prepared at a scale not exceeding one hundred
(100) feet per inch.
C. Site development plans may be prepared on one or more sheets to clearly show the
information required by this Section and to facilitate the review and approval of
the plan. If prepared on more than one sheet, match lines shall clearly indicate
where the sheets join.
D. When more than one sheet is required to cover the entire project, a cover sheet,
general in nature, shall be provided to identify all individual sheets of an
application in proper relationship to each other.
E. Profiles shall be submitted on plan sheets. Special studies as required may be
submitted on standard cross-section paper and shall be an appropriate scale.
F. All horizontal dimensions shown on site development plans shall be in feet and
decimals of a foot to be closest to one tenth of a foot; and all bearings in degrees,
minutes, and seconds to the nearest ten (10) seconds.
G. When the development is to be constructed in stages or units, a final development
schedule shall be included with the site development plan that shows the order of
construction of each stage.
H. The site development plan shall show the following, unless the Zoning
Administrator determines that certain information is unnecessary due to the scope
and nature of the development proposed:
1. A title page containing the following:
a. The project title, parcel record number, tax map reference, magisterial
district, street address, date of drawing, number of pages, and name of
subdivision, if applicable;
b. The name, mailing address, e-mail address, and phone number of the
applicant and property owner;
c. The name, mailing address, e-mail address, phone number, signature, seal,
and registration number of the plan preparer, and the preparation date of
the plan;

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d. A 3-inch by 5-inch area reserved for signatures and/or stamps of approving
agencies and/or authorities;
e. The north point, scale, and a vicinity map showing adjacent roads,
landmarks, streams, bodies of water, railroads, subdivisions, to clearly
identify the location;
f. A table (with computations) estimating the lot coverage ratio and
impervious surface ratio and areas dedicated to open space;
g. A table (with computations) stating the total number of dwelling units or ,
commercial, industrial square footage of various types in the project; and
h. A table (with computations) to include the total site acreage included in the
project, and the amount and percentage of the site thereof proposed to be
allocated to residential, any nonresidential uses, off-street parking, green
areas, streets, parks, schools, and other reservations.
2. Plan sheets containing the following:
a. A legend for all symbols shown on the plan;
b. Zoning, including overlay districts, of the parcels included within the
project and of all adjacent parcels;
c. The boundaries of the property or properties involved, all existing property
lines, setback lines, streets, buildings, easements, rights-of-way,
watercourses, waterways, wetlands, or lakes, and other existing physical
features in or adjoining the project. If on an adjoining property, physical
features such as watercourses, waterways, or lakes need only be shown in
approximate scale and proportion;
d. Any proposed parcel lines, easements, rights-of-way, and the locations,
dimensions, height, and setbacks for proposed buildings, structures, and
other improvements;
e. Proposed building use type, major excavations, and the total square footage
of the floor area for each proposed use;
f. Existing topography and proposed final grade for the entire project area
with contour intervals of at least two (2) but no more than five (5) feet;
g. The proposed traffic circulation pattern including the location and width of
all access points, roads, streets, alleys, driveways, pedestrian, cycling or
bridle path systems, and the relationship of internal traffic to external
roads;

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h. The estimated daily vehicular trips generated by the proposed development
on each road segment shown on the plan;
i. Typical roadway pavement and design section for all proposed streets,
roads, and driveways including curbs and gutters, and all curb cuts;
j. The proposed and required off-street parking and loading areas, including
parking and access for the handicapped as specified in the Virginia
Uniform Statewide Building Code, as amended;
k. Proposed connections with existing sanitary sewers and existing water
supply, or locations of the alternate means of sewage disposal and water
supply;
l. Detailed utility layout including water and sanitary sewer plan with
profiles; locations of electrical transmission lines, gas pipelines, street,
lights, and fire hydrants; locations of garbage and trash disposal facilities;
location of standpipes for fire protection;
m. A table estimating the daily public water usage and sewage flow
attributable to the proposed development in gallons per day, including the
timing of any necessary connections;
n. Location and general design of outdoor lighting;
o. Existing landscape features as described in Section 7.4 Landscaping and
Screening.
p. A landscape plan as described in Section 7.4 Landscaping and Screening.
q. Provisions for collecting and discharging surface drainage and other
provisions for the adequate control of storm water drainage and erosion and
sedimentation, indicating all proposed temporary and permanent control
measures, and including drainage calculations;
r. The location and dimensions of proposed recreation areas, open spaces,
recreation facilities, and other amenities and improvements, including a
statement of whether such open areas are to be dedicated to the public;
s. The location of any grave, object, or structure marking a place of burial;
t. The location of any known historic buildings or features located on the
property;
u. The approximate limit of any floodplain limits, any drainage district, or
mapped dam break inundation zone;

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v. A plan or report indicating the extent, timing, and estimated cost of all offsite improvements, such as roads, sewer, and drainage facilities deemed
necessary to construct the proposed development, and the extent, timing,
and estimated cost of all on or off-site public facilities deemed necessary to
serve the development such as trails, parks, schools, and emergency and
first response facilities. This plan or report shall relate to the sequence of
the development schedule if the development is to be constructed in stages
or units;
w. Documentation of all existing permits and applications relevant to the
parcel, including, but not limited to: Virginia Department of Health permits
for all wells and septic drain fields; all existing zoning permits and zoning
applications; applications for rezoning, special exception permits, and
zoning variances and evidence of all wetlands, air quality, stormwater, and
any other environmental permits required by Federal, Commonwealth, and
local laws and regulations applicable to the site, lot, or parcel;
x. A copy of all covenants, restrictions, and conditions pertaining to the use,
maintenance, and operation of all open space areas, private streets or
travelways, and any other elements held in common ownership, and bylaws
of a homeowners’ association if applicable; and
y. Any additional information as required by the Zoning Administrator
necessary to evaluate the character and impact of the proposed project.
3.6-4 Standards and Improvements.
A. Improvements Required. All improvements required by this Ordinance shall be
installed at the cost of the developer and in accordance with design and
construction standards of Mecklenburg County. The County, at the discretion of
the Board of Supervisors and County Administration, may allow the developer to
participate in cost-share, grant, or other assistance programs towards defeasance of
the cost of such improvements. The County may also require that certain
developments be bid and administered by the County, the applicable service
provider, or the County or service provider’s engineers. In addition to those
improvements and standards specified in other sections of this Ordinance, the
following minimum standards and improvements shall also be required for all site
development plans:
1. Adequate easements shall be provided for drainage and all utilities. Where
easements do not follow the established lot lines, the nearest edge of any
easement shall be a minimum of five (5) feet from any building.

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2. The developer shall provide for all utilities and services required, to include
both on-site and off-site improvements. The determination of the exact
improvements required, i.e., size of lines and capacities, is to be established by
the developer in conference with the Zoning Administrator acting on the advice
of appropriate officials, authorities, departments, and/or consultants who have
expertise on the subject.
3. Tests and/or other methods of soil evaluation deemed necessary by the Virginia
Department of Health shall be the responsibility of the developer.
4. Utilities shall include but not be limited to electric, gas, water, sewer, storm
drainage, telephones, broadband, and/or cable television.
5. Adequate fire hydrants may be required by the Zoning Administrator, upon
recommendation of the Building Official in collaboration with the Emergency
Services Department. Where required, applicant shall provide assurance of
adequate water supply and distribution systems.
6. All landscaping, streets, parking, and other standards shall be designed in
compliance with Article 7, Community Design Standards, of this Ordinance.
B. Specifications. In cases where specifications have been established either by the
Mecklenburg County Board of Supervisors, the Virginia Department of
Transportation for construction of streets and other such transportation facilities, or
this Ordinance for related facilities and utilities, such specifications shall be
followed. The most restrictive specifications will prevail.
C. Performance Bond. After a site development plan has been approved, and before
any construction or land disturbance can occur, the developer shall furnish to the
County an irrevocable letter of credit, cash escrow, or bonds (collectively referred
to as “performance bond”) from a certified Virginia Lending Institution by
corporate surety in a form and amount sufficient to guarantee the completion of the
construction of any public facilities required with the site development plan.
1. Public facilities shall include any required public streets or improvements to
existing public streets, sidewalks, trails, or public parks or other property or
facilities to be dedicated to public use.
2. The cost of required improvements shall be determined by a bona fide estimate
of construction cost prepared by a duly licensed engineer and such estimate
shall be provided at the expense of the developer.
3. The amount of the performance bond or other guarantee shall be 110% of the
estimated construction cost.

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4. In the event the Zoning Administrator has rejected any such agreement or
bond, the owners or developer may request a redterminationredetermination by
the County Administrator. If the County Administrator subsequently rejects the
agreement or bond, the owner or developer shall have the right to appeal to that
decision to the Board of Supervisors.
5. If such performance bond contains an expiration date, provisions shall be made
for the extension thereof if all improvements have not been completed thirty
(30) days prior to the expiration date.
6. The performance bond or other appropriate security shall not be released until
construction has been inspected and accepted by the Zoning Administrator and
by the Virginia Department of Transportation or other department of the
Commonwealth or County, where appropriate.
7. The Zoning Administrator may waive the requirement for a Performance Bond
if an alternative mechanism, such as a memorandum of understanding or a
comparable agreement, is established to guarantee the completion of the public
facilities.
D. Supervision and Inspections. It shall be the responsibility of the developer to
provide adequate supervision and inspections on the site during the installation of
all required improvements, and to have a responsible project manager together
with one set of approved plans, profiles, and specifications at the site at all times
when work is being performed.
E. Acceptance of Improvements. The approval of the site development plan or the
installation of the improvements as required in this Ordinance shall in no case
serve to bind the County to accept such improvements for maintenance, repair, or
operation thereof. Such acceptance of each type of improvement shall be subject to
the regulations of the County and/or the Commonwealth.
3.6-5 Review.
A. Administrative Review. Site development plans required under Section 3.6-2 Site
Development Plans - Applicability are subject to administrative approval by the
Zoning Administrator.
1. The Administrator is responsible for the review, processing, and the requesting
of additional agency and consultant reports relative to a site development plan
which has been submitted.
2. Developers are encouraged to discuss the proposals contained in the site
development plan as submitted with the staff of Mecklenburg County prior to
official request for approval of that plan.

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B. Site Development Plan Review Process. The site development plan shall be
provided to the Zoning Administrator, who shall take the following actions:
1. Review the site development plan for completeness. If deemed incomplete or
having insufficient information for review, the application will be refused and
returned to the applicant with a written list of deficiencies.
2. Site development plans will be provided to other relevant County departments
and reviewing agencies for written comment.
3. A site development plan for a particular development stage or unit other than
the first shall not be approved until the site development plan has been
approved for the immediately preceding stage or unit.
4. The Zoning Administrator shall notify the applicant of the action taken with
respect to the site development plan, which may include approval or
disapproval.
C. Time Period for Approval.
1. Pursuant to § 15.2-2259 et seq. of the Code of Virginia, as amended, a site
development plan shall be approved or disapproved within sixty (60) days after
it has been officially submitted for approval or, if Commonwealth agency
review is required, within thirty-five (35) days of receipt of approvals from all
reviewing agencies. If disapproved, the reasons for disapproval shall be
identified by reference to specific duly adopted Ordinances, regulations, or
policies and shall identify, to the greatest extent practicable, modifications or
corrections that will permit approval of the plan.
2. Pursuant to § 15.2-2259 et seq. of the Code of Virginia, as amended, a site
development plan that has previously been disapproved but has been modified,
corrected, and resubmitted shall be acted on within forty-five (45) days of
resubmission.
3.6-6 Amendment.
A. If it becomes necessary for an approved site development plan to be changed, the
Zoning Administrator may, at the applicant’s request, administratively approve a
minor amendment to the site development plan if the change or amendment does
not:
1. Alter a recorded plat.
2. Conflict with the specific requirements of this Article.

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3. Change the general character or content of an approved development plan or
use.
4. Have an appreciable effect on adjoining or surrounding property.
5. Result in any substantial change of major external access points.
6. Increase the approved number of dwelling units or other buildings or height of
buildings.
7. Decrease the minimum specified yards and open spaces or minimum or
maximum specified parking and loading spaces required by Ordinance.
8. Amendments not in accordance with (1) through (7) of this Section shall be
considered as new site development plans and submitted under 3.6-3 Site
Development Plans Specifications and Contents of this Article.
B. All submittal procedures outlined in 3.6-5 Site Development Plans Review shall be
met for submissions of revised site development plans.
1. Insufficient submittals may be returned to the applicant with written
notification of deficiencies from the Administrator.
C. The Zoning Administrator shall review the plans for compliance with applicable
development regulations and approved concept plans and issue final approval or
denial within forty-five (45) days. The Zoning Administrator shall provide a set of
all submittals to relevant agencies or departments for their review and written
comments.
D. If the Zoning Administrator fails to act on a request for a minor amendment to a
site development plan within forty-five (45) calendar days, it shall be considered
approved.
E. Upon final approval of the revised site development plan by the Zoning
Administrator, the Zoning Administrator shall transmit an approved set of plans to
the authorized project agent and retain one copy of any correspondence and plans
for County record.
3.6-7 Compliance.
A. It shall be unlawful for any person to construct, erect, or substantially alter any
building or structure, or develop, change, or improve land for which a site
development plan is required, except in accordance with an approved site
development plan. Deviation from an approved site development plan without the
written approval of the Zoning Administrator shall void the site development plan
and require submission of a new site development plan for approval.

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B. No permit shall be issued for any structure in any area covered by the site
development plan that is required under the provisions of this Article except in
conformity with such site development plan which has been duly approved.
C. The Building Official shall be responsible for enforcing the requirements as set
forth in the final approved site development plan before issuing a temporary or
final certificate of occupancy and shall give written notice to the Zoning
Administrator that the site development plan has been completed before issuing
the temporary or final certificate of occupancy.
D. Upon the satisfactory completion of the installation of all required improvements
shown on the approved site development plan, the developer shall submit to the
Building Official and Zoning Administrator one copy each of the completed asbuilt plans, which shall include specifications for all improvements, including
roadways, utilities, permanent drainage and storm-water management facilities,
water and sewer facilities, and fire hydrants with fire flow tests. The as-built plans
shall be submitted at least one week prior to the anticipated receipt of the
temporary or final certificate of occupancy for the review and approval by the
Zoning Administrator for conformity with the approved site development plan and
the ordinances and regulations of the County and agencies of the Commonwealth.
E. Where structures are completed and ready for occupancy prior to the completion
of all improvements required by the site development plan, the owner may provide
bond with surety adequate to guarantee the completion of the site development
plan, as outlined in Section 3.6-4-C Performance Bond above, and upon providing
of such bond with surety as agreed upon by the Zoning Administrator, a permit
may be issued for the occupancy of those structures already completed.
3.6-8 Duration of Validity.
A. Duration of Validity and Expiration. In accordance with § 15.2-2261 et seq. of the
Code of Virginia, as amended, approval of a site development plan submitted
under the provisions of this Article shall expire five (5) years after the date of such
approval unless building permits have been obtained for construction in
accordance therewith.
B. Modifications. The application for and approval of minor modifications to an
approved site development plan shall not extend the period of validity of such plan
and the original approval date shall remain the controlling date for purposes of
determining validity.
C. Extensions. The Zoning Administrator may grant an annual extension of the
validity of the site plan upon the written request of the permit holder. The reasons
for this request must be stated and shall only be related to issues or delays caused

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by third-party review agencies, off-site or supporting infrastructure delays outside
of the control of the permit holder, or offsite right-of-way or easement acquisition
delays. As part of any submission, the permit holder must submit documentary
evidence that includes when applications or requests for service were submitted by
the permit holder to a third-party entity, the current status of the applications or
request for service, and any written comments made to date by the agencies,
infrastructure provider, or infrastructure contractor that explains the delay in the
grant of such applications, the provision of such service, or the completion of such
project. Any information that qualifies for an exemption from disclosure pursuant
to 2.2 – 3705.6 of the Code of Virginia shall be clearly marked by the permit
holder. The Zoning Administrator may deny the request if the permit holder fails to
prove that development, in accordance with the approved site plan, has been
diligently pursued. In conjunction with the request for any extension, the site plan
shall be reviewed for conformance with all current regulations contained in the
Subdivision Ordinance and the Zoning Ordinance at the time such review is
undertaken. No extension shall be granted until any non-conformance is
corrected. Notwithstanding the foregoing, no site plan shall be extended beyond
eight (8) years after initial site plan approval.

Formatted: No underline

3.6-9 Construction Traffic Management Plan.
A. Applicability. A construction traffic management plan shall be submitted as part of
an application for a final site development plan for the following uses.
1. The development of land in the Mixed Use (MU) District when such
development involves the construction of structures or buildings greater than
20,000 square feet or land-disturbing activity exceeding 10,000 square feet.
2. Development of land in Residential Districts that involves the construction of
structures or buildings greater than 20,000 square feet and/or developments
with more than 50 residential housing units with a density above 10 dwellings
per acre.
3. The development of land for an industrial use in the Industrial (M-1) District
when such development involves land-disturbing activity exceeding 10,000
square feet.
4. Development of land for facilities designed to generate, store and distribute
electrical energy, including standalone energy storage facilities and medium or
large-scale solar facilities. \.
B. Coordination with Erosion and Sediment Control/Land-Disturbing Activity Permit.
The Zoning Administrator shall coordinate their review of any application
requiring a construction traffic management plan with the County’s review of a

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site development plan, an erosion and sediment control and land-disturbing
activity permit for the project to the extent such permits are sought concurrently.
C. Purpose. The purpose of the construction traffic management plan is to:
1. Promote adequate and safe access to the project site during the construction
process;
2. Minimize traffic safety hazards;
3. Minimize the disruption of traffic in the project area;
4. Minimize damage done to public streets and highways related to high vehicle
volume or heavy vehicles;
5. Mitigate the adverse effects on nearby properties from truck and other traffic to
and from the project site during construction;
6. Minimize the escape, dropping, sifting, or leaking of debris, trash, dirt, or other
material from vehicles leaving or entering the project site; and
7. Promote the availability of and access to adequate parking and holding areas
onsite or at offsite locations for trucks and other vehicles during construction.
D. Required Content of a Construction Traffic Management Plan. A construction
traffic management plan shall include the following content:
1. The location of the project;
2. The size and shape of the parcel of land on which the structures or
improvements will be constructed;
3. A copy of the application materials and any permit allowing land-disturbing
activity at the project site;
4. The location of all public streets and highways adjoining or providing access to
the project site, including primary and secondary highways;
5. The location and description of all existing and proposed entrances and exits
from the project site to any public street or highway;
6. A statement that all entrances and exits to the project site have been or will be
approved by the Virginia Department of Transportation (VDOT) prior to use
and will be constructed and maintained to comply with VDOT specifications;
7. Identification of areas including size, capacity, and surface materials of all areas
on the site to be used for vehicles during construction, including the following
elements.

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a.

Parking and holding areas;

b.

Loading and unloading areas;

c.

Turn-around areas; and

d.

Wheel wash stations.

8. Identification of all offsite parking or holding areas to be used during
construction, including site location, size, capacity, and surface materials;
9. The estimated number of trucks and other vehicles that are to use designated
entrances, exits, and parking areas. The estimated number of trucks and other
vehicles shall include the anticipated effect of shift changes, shift start times,
and staggered shift times;
10. The street and highway routes that large trucks are to use to access the project
site. The plan shall identify the routes expected to be used and also alternative
routes that may be used;
11. The location of off-site land expected to be used as a borrow or fill area related
to the project;
12. The street and highway routes that are expected to be used for any off-site
disposal, spoils, or borrow area locations related to the site;
13. The hours of operation when the designated entrances, exits, and parking areas
will be available for use;
14. A description of the specific steps the owner will take to manage traffic to and
from the project site during construction to accomplish the following purposes:
a.

Promote adequate and safe access to the project site during the construction
process;

b.

Minimize traffic safety hazards;

c.

Minimize the disruption of traffic in the project area;

d.

Minimize damage done to public streets and highways related to high
vehicle volume or heavy vehicles;

e.

Mitigate the adverse effect on nearby properties of trucks and other traffic
to and from the project site during construction;

f.

Minimize the escape, dropping, sifting, or leaking of debris, trash, dirt, or
other material from vehicles leaving or entering the project site; and

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g.

Promote the availability of and access to adequate parking areas on-site or
at offsite locations for trucks and other vehicles during construction.

15. A description of the specific steps the owner will take to restore and repair
damage or disturbance to any highway rights-of-way, including, but not limited
to, ditches, shoulders, and pavement to their original condition when removing
the construction entrance;
16. Photographs and materials documenting the current condition of the secondary
roads that are expected to provide access to the site including photographs,
videos, and a description of the surface and roadbed condition at the time the
project is expected to begin;
17. The planned duration of construction, including the expected commencement
and completion dates; and
18. A statement that the owner or applicant will comply, and will cause contractors
and others accessing the project site to comply, with the provisions of the
submitted and approved Construction Traffic Management Plan during
construction.
E. Exclusions. The Administrator may exempt municipal or utility service vehicles
from the requirements of this section including those operated by the Roanoke
River Service Authority (RRSA), town public works, or authorized employees
utilizing shared entrances on the proposed site
F. Review of Construction Traffic Management Plan.
1. No final site plan for a project subject to this Section shall be issued until the
Zoning Administrator has reviewed and approved a construction traffic
management plan for the project.
2. The Zoning Administrator, or their designee, shall be responsible for the review
of a submitted construction traffic management plan for completeness and
compliance with this Ordinance. The Zoning Administrator shall review a
submitted construction traffic management plan to determine if the plan
complies with the standards stated in this Section.
a.

The Zoning Administrator shall also review the construction traffic
management plan for compliance with applicable special exception permit
conditions and applicable proffered conditions.

3. The Zoning Administrator may require the owner to submit a traffic study
addressing the expected number of vehicles, the impact of the construction
traffic on the level of service of the streets and highways in the area, and

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appropriate steps to mitigate any adverse effect on the level of service and
safety.
4. The Zoning Administrator may coordinate their review of a construction traffic
management plan with VDOT.
5. The Zoning Administrator may coordinate their review of a construction traffic
management plan with applicable agencies to review compliance with erosion
and sediment control, stormwater management, and environmental
requirements.
6. The Zoning Administrator shall act on a construction traffic management plan
within the time frame outlined for review and approval of a Site Development
Plan. The Zoning Administrator shall provide comments and suggested
revisions as appropriate to further the purposes of the construction traffic
management plan.
7. The owner or applicant shall make appropriate revisions to address the
comments of the Zoning Administrator. The owner or applicant may then
submit the final construction traffic management plan to the Zoning
Administrator. The Zoning Administrator shall act on any resubmitted or
revised plan within forty-five (45) days of submission.
8. The Zoning Administrator shall approve the construction traffic management
plan if it complies with the standards and purposes outlined in this Section. No
zoning permit shall be issued for new development subject to this Section
without an approved construction traffic management plan.
G. Modification of Approved CTMP. The owner may submit proposed modifications
to the construction traffic management plan for review and action by the Zoning
Administrator. At the discretion of the Zoning Administrator, such modifications
may be processed as a minor amendment to the Site Development Plan, provided
they do not substantially alter other approved elements of the development or
negatively impact public safety.
H. Special Exception Permits. A special exception permit may include provisions for
a construction traffic management plan as a condition of development and use.
I.

Administration and Enforcement. The Zoning Administrator shall administer and
enforce the provisions of this Section and any approved construction traffic
management plan.

3.6-10 Duration of Validity. An approved construction traffic management plan shall remain
valid for a period concurrent with the associated site plan approval, including any
authorized extensions, as set forth in Section 3.6-8

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3.7 Special Exception Permits.
3.7-1 Purpose and Intent.
A. General Provisions. A use requiring a special exception permit is a use that may be
appropriate in a zoning district, but because of its nature, extent, or external
effects, requires special consideration of its location, design, and methods of
operation before it can be deemed appropriate in the district and compatible with
its surroundings. The purpose of this Section is to establish procedures and
standards for review and approval of special exception permits that provide for
such special consideration.
B. Standards of Approval. The following shall be satisfied either by the proposal
made in the application or by the proposal as modified and amended and made part
of the special exception permit:
1. The proposal as submitted or as modified shall conform to the Comprehensive
Plan of the County or to specific elements of such plan and to official policies
adopted in relation thereto, including the purposes of this Ordinance.
2. The proposal as submitted or as modified shall not have undue adverse impacts
on adjacent properties or the surrounding neighborhood. Among matters to be
considered are traffic congestion, noise, lights, dust, odor, fumes, and vibration
with due regard for timing of operation, screening, or other matters that may be
regulated to mitigate adverse impacts.
3.7-2 Applicability. In accordance with § 15.2-2286 et seq. of the Code of Virginia, as
amended, a special exception permit is required for the development of any use
designated in Section 6.4, Table of Permitted Uses, of this Ordinance, as a use
requiring a special exception permit in accordance with this Section.
3.7-3 Standards and Procedures.
A. Information Required. In addition to the Submittal Requirements supplied in
Section 3.7-3 B, below, the applicant shall provide information and data to:
1. Demonstrate that the proposed use, when complemented with additional
measures, if any, will be in harmony with this Ordinance and with the purposes
of the specific district in which it will be placed;
2. Demonstrate that the proposed use will not result in substantial detriment to the
surrounding neighborhood in terms of public health, safety, or general welfare
and show measures to be taken to achieve such goals;
3. Demonstrate that the proposal meets the applicable specific and general
standards required by this Ordinance.

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B. Submittal Requirements. An application for a special exception permit shall be
filed on forms provided by the County and submitted to the Administrator and
shall be accompanied by:
1. Concept Plan. O One (1) original copy of a concept plan in a format
determined by the Zoning Administrator. The plan may be submitted as a
physical copy printed on 11” x 17” paper (or larger as required by the
Administrator to evaluate the proposal) or as a digital PDF copy. . The
purpose of the concept plan is to depict graphically the concept or reasons for
the requested action relative to the Zoning Ordinance and its provisions. The
concept plan may be general and schematic and shall show:
a. A certified plat of the subject property showing metes and bounds of all
property lines, existing streets, and subdivisions, with reference to a
recorded subdivision plat or the County’s tax map;
b. The names and addresses, as shown on the current real estate tax
assessment books, of adjacent property owners;
c. Topography as shown by contour lines with a contour interval not more
than five (5) feet;
d. Proposed land uses to be developed;
e. The general layout, orientation, and information describing buildings and
improvements, including, but not limited to, parking, landscaping, fencing,
signs, trash enclosures, height, and setbacks;
f. The approximate total number, density, type, and the range of lot sizes for
the various dwelling types, if any;
g. The general location of proposed open space and recreational areas, if any;
h. The general location and type of commercial uses to be developed, if any;
and
i. The general location and character of the proposed roads, pedestrian
circulation, trails, public utilities, and storm drainage systems.
2. A statement on the proposed development schedule.
3. A written analysis of the public facilities, roadway improvements, and public
utilities that will be required to serve the development.
4. Additional studies, including, but not limited to, traffic impact analyses and
environmental studies, prepared at the applicant’s expense, as identified during

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the preapplication meeting or as identified during the review of the application,
to appropriately evaluate the proposal and required public improvements.
5. Any additional information as deemed reasonably necessary by the
Administrator.
6. A special exception permit may include the condition that the owner submit an
application for and receive approval of a construction traffic management plan
pursuant to Section 3.6-9, Construction Traffic Management Plan.
C. The Planning Administrator may require a full site development plan in lieu of a
concept plan if the project is deemed complex and requiring of additional details
for review.
D. Standards for Review.
1. The Administrator shall review any application requesting a special exception
permit for its compliance with the provisions of this Ordinance.
2. When it has been determined that the application is complete, the
Administrator shall submit the application to the Planning Commission, which
shall hold a public hearing after notice as outlined in Section 3.11-2,
Advertisement and Mailings of this Article and make a recommendation to the
Board of Supervisors (BOS) for approval or denial, with such conditions as the
Commission may recommend as necessary for the operation of the permit, and
with such reasons to support the Commission’s recommendation. Failure of the
Planning Commission to report its recommendation to the BOS within sixty
(60) days after the first meeting of the Planning Commission at which the
application was placed on the Commission’s Agenda shall be deemed
advanced with a recommendation of approval.
3. The application for special exception permit shall be referred to the BOS for
public hearing and action. No recommendation or action shall be rendered until
public notifications and hearing have been conducted in accordance with
Section 3.11-2, Advertisement and Mailings of this Article and the Code of
Virginia.
4. The Planning Commission may recommend and the BOS impose such
conditions to its approval as it deems necessary to bring the plan of
development, use, and operation into conformance with the purposes and
standards of this Ordinance. Such conditions shall relate to the purposes of this
Ordinance, including, but not limited to:
a. The prevention of smoke, dust, noise, traffic congestion, flood, and/or other
hazardous or otherwise undesirable substance or condition;

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b. The provision of adequate law enforcement and emergency response
protection;
c. Transportation, water, sewer, drainage, power, broadband, recreation;
d. Community design including lighting, landscaping and/or screening,
buffering, parking, and sign requirements;
e. The establishment of special requirements relating to front, side, and rear
setbacks;
f. Property ingress and egress;
g. Construction materials and design;
h. Hours of operation;
i. Outdoor storage of materials;
j. Duration of use and/or period of validity; Any condition imposed under the
authority of this Ordinance shall be deemed to be essential to and not
severable from the special exception permit itself; and
k. Pursuant to § 15.2-2309 et seq. of the Code of Virginia, as amended, the
BOS may require a guarantee or bond to ensure that the conditions
imposed are and will continue to be followed.
5. If an applicant seeks both an amendment to the Ordinance or Zoning Map and
a special exception permit for the same property, both applications may be
made jointly and processed at the same time.
E. Procedures for Approvals and Denials.
1. If the BOS approves the application for a special exception permit, the
Administrator shall issue a special exception permit indicating the special
nature of the use and required conditions.
2. If the BOS denies the application for a special exception permit, the BOS shall
inform the applicant of the decision in writing within ten (10) business days
from the date of the denial, stating the reasons for disapproval. The
Administrator shall retain one (1) copy each of the original application, any
plans, and the denial, and keep them as public record subject to the retention
requirements of the Virginia Freedom of Information Act.
F. Procedures for Deferring Action and Withdrawing an Application.

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1. After submitting an application but before action by the Board of Supervisors,
an applicant for a Special Exception Permit may request a deferral or withdraw
an application, subject to the following provisions.
a. Request for Deferral Prior to a Public Hearing. An applicant seeking to
defer a SEP application prior to a public hearing shall submit a written
request to the Zoning Administrator. To be valid, such request must be
received by the Department prior to the initiation of public hearing
advertisements and the mailing of required jurisdictional notices.
b.

Request for Deferral at Public Hearing. Notwithstanding subsection (a)
above, an applicant may request a deferral during the scheduled public
hearing before the Planning Commission or the Board of Supervisors. The
presiding body may, at its sole discretion, grant or deny such request via a
formal motion.

c.

The County is under no obligation to grant a request for deferral. In the
event a deferral is granted after public notice has been initiated, the
applicant shall be responsible for all costs associated with the readvertisement and re-notification of the application.

d.

No application shall remain in a state of deferral for a period exceeding 12
months from the date the application was deemed complete. The Zoning
Administrator may extend this period only upon a written finding of
extenuating circumstances that include (but are not limited to): inclement
weather, civil emergencies, or errors in providing public notice as required
by State law.

e.

. An applicant may reactivate a deferred application by filing a written
request with the Zoning Administrator. Such request shall be accompanied
by any necessary supplemental information or revisions required to bring
the application into compliance with current standards.

f.

Administrator shall determine the appropriate scope of review for the
reactivated application. While the process shall not exceed the
requirements for a new application, the County may require the payment of
a re-submittal or re-advertisement fee in accordance with the adopted fee
schedule.

g.

All applicable time periods for County action shall be calculated from the
date of reactivation, rather than the date of original submittal.

h.

. An application shall be deemed voluntarily withdrawn by the applicant if,
following the granting of a deferral, the applicant fails to reactivate said
application within:

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i. Six (6) months of the date the deferral was granted; or
ii. Twelve (12) months from the date the application was originally
determined or deemed complete.
3.7-4 Effect of Decision; Period of Validity.
A. Extent of Permit. A special exception permit authorizes only the particular use(s)
and associated development that is approved and shall not ensure approval for any
other permit or development approval.
B. Transferability. A special exception permit, including any approved plans and
conditions, shall run with the land, and shall not be affected by a change in
ownership, but shall expire as provided in Section 3.7-4 D below.
C. Compliance With District Standards. Unless otherwise specified in this Ordinance
or specified as a condition of approval, the height limits, yard spaces, lot area, sign
requirements, and other specified standards shall be the same as for other uses in
the district in which the special exception use is located.
D. Period of Validity. A special exception permit shall expire upon the first to occur of
the following:
1. If the applicant does not obtain site development plan approval or commence
the use granted by the special exception permit within three (3) years (or such
longer time as the BOS may approve) from the date of the approval;
2. If an activity operating under an approved special exception permit ceases for a
period greater than two (2) years; or
3. Upon expiration of a site development plan for the use granted by the special
exception permit.
3.7-5 Revocations. Any special exception permit previously issued pursuant to this
Ordinance may be revoked by the Administrator, after notice and hearing as provided
in Section 3.11-2, Advertisement and Mailings of this Article and in accordance with §
15.2-2204 et seq. of the Code of Virginia, as amended, if it is determined there has not
been compliance with the conditions of the special exception permit.
3.7-6 Reconsiderations.
A. Reconsideration After Denial. If the BOS denies the application for a proposed
special exception permit, or if the applicant withdraws such application after the
Planning Commission’s recommendation for denial but prior to the BOS taking
action on the matter, then such application, or one substantially similar, shall not
be reconsidered sooner than twelve (12) months after the previous denial.

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B. Reconsideration Prior to Planning Commission Action. If withdrawn by the
applicant prior to the Planning Commission’s recommendation, such application,
or one substantially similar, shall not be reconsidered within six (6) months from
the date the original application has been withdrawn. The applicant may request a
deferral by the Commission, which shall keep the application active and not invoke
this six-month period.
C. Determination of Similarity. An application shall be deemed substantially similar if
the Zoning Administrator determines the proposal remains fundamentally
unchanged from a prior submittal based on the following:
1. Use and Location. The proposed land use remains the same and is located on
the same parcel(s);
2. Site Configuration. The physical layout—including building footprints,
orientation, internal circulation, and points of access—does not deviate
significantly; and
3. Intensity of Development. The total gross floor area, building height, or
anticipated electrical load is not modified by more than ten (10) percent from
the previous application.
3.8 Zoning Text and Map Amendments.
3.8-1 Purpose and Intent. Pursuant to § 15.2-2286(7) et seq. of the Code of Virginia, as
amended, whenever public necessity, convenience, general welfare, or good zoning
practice requires, the Board of Supervisors may, from time to time, amend, supplement,
or change by Ordinance the boundaries of the districts or the regulations established in
this Ordinance.
3.8-2 Standards and Procedures.
A. Initiation of Change – Ordinance. Pursuant to § 15.2-2286(7) et seq. of the Code of
Virginia, as amended, any amendment to the text of this Ordinance may be
initiated by:
1. Resolution of the Board of Supervisors stating that the public necessity,
convenience, general welfare, and good zoning practice requires the
amendment; or
2. Resolution or motion of the Planning Commission stating that the public
necessity, convenience, general welfare, and good zoning practice requires the
amendment. The Commission may make such resolution of its own accord or
may make such resolution at the request of an applicant for a use that is not
otherwise permitted in the Ordinance, or for other such modifications to the
Ordinance.

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B. Initiation of Change – Map. Pursuant to § 15.2-2286(7) et seq. of the Code of
Virginia, as amended, any amendment to the Zoning Map may be initiated by:
1. Resolution of the Board of Supervisors stating that the public necessity,
convenience, general welfare, and good zoning practice requires the
amendment;
2. Resolution or motion of the Planning Commission stating that the public
necessity, convenience, general welfare, and good zoning practice requires the
amendment; or
3. Application of the owner, contract purchaser with the owner’s written consent,
or the owner’s agent therefore, of the property which is the subject of the
proposed Zoning Map Amendment.
C. Application Requirement. An application for a zoning map amendment initiated by
a property owner or other representative shall be filed with the Zoning
Administrator on forms provided by the County and shall be accompanied by:
1. Concept Plan. One (1) original copy of a concept plan in a format determined
by the Zoning Administrator. The plan may be submitted as a physical copy
printed on 11” x 17” paper (or larger as required by the Administrator to
evaluate the proposal) or as a digital PDF copy. . The purpose of the concept
plan is to graphically depict the concept or reasons for the requested action
relative to the Ordinance and its provisions. The concept plan may be general
in nature and shall show:
a. A certified plat of the subject property showing metes and bounds of all
property lines, existing streets, easements, and subdivisions, with reference
to a recorded subdivision plat or the County’s tax map;
b. The names and addresses, exactly as shown on the current real estate tax
assessment books, of adjacent property owners;
c. Proposed land uses to be developed;
d. The general layout, orientation, and information describing buildings and
improvements, including, but not limited to, parking, landscaping, fencing,
signs, trash enclosures, height, and setbacks.
e. The approximate total number, density, and type of dwelling units, if any,
and the range of lot sizes for the various dwelling types;
f. The general location of proposed open space and recreational areas, if any;

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g. The general location and type of commercial uses to be developed, if any;
and
h. The general location and character of proposed roads, pedestrian
circulation, trails, public utilities, and storm drainage systems.
i. Concept plans shall be drawn to scale and include a scale bar.
2. A statement on the proposed development schedule.
3. A written description of the nature and extent of the amendment desired
together with an explanation of the reasons for seeking a change.
4. Additional studies, including, but not limited to, traffic impact analyses and
environmental studies, prepared at the applicant’s expense, as identified during
the preapplication meeting, to appropriately evaluate the proposal and required
public improvements.
5. Any additional information as deemed reasonably necessary by the
Administrator.
D. Master Plan – Planned Unit Development (PUD). A master plan for the
development of each PUD district shall be submitted by the applicant as part of the
application for rezoning. Each master plan shall consist, at a minimum, of the
following written and graphic information, prepared in sufficient detail and scale
and with sufficient clarity to accurately depict the nature and character of
development proposed within the PUD district:
1. A plat, legal description of the property, and verification of ownership or
control by the applicant;
2. The existing zoning, uses, and structures on the subject property, and the
existing zoning and use of adjacent properties;
3. An inventory of site characteristics and natural features, including topography
with contour intervals of five (5) feet or less, watercourses, water bodies,
floodplains, wooded areas and other major vegetation features, and historic and
archaeological resources;
4. A description of the proposed development, including its general character, the
manner in which it satisfies the purposes and intent of the PUD district, means
of preserving significant natural features, and the means of addressing potential
impacts on the community and on public services;
5. A land use plan for the site, showing specific land uses with schematic site
plans, access and circulation, the general location and arrangement of

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buildings, parking areas, driveways, pedestrian routes, natural areas to be
retained, and buffers and open spaces and their functions and general
character;
6. Statements of graphic representations showing proposed development
standards including minimum lot areas and widths, minimum yards and
setbacks, building heights, densities, amount of nonresidential floor area,
number of parking spaces, and percentage of open space;
7. Traffic impact analysis, if required;
8. General plans for public services and utilities showing the necessary services
and utilities that will be provided and that are sufficient to serve the
development;
9. Statements or graphic representations of general character and architectural
and community design guidelines to be applicable to the development,
including street and parking area design standards, lighting, and signage;
10. A general description of covenants and restrictions intended to provide for
preservation and maintenance of common areas and facilities;
11. Development phasing schedule; and
12. Such other information that is deemed necessary by the Administrator,
Planning Commission, or Board of Supervisors to establish that the proposed
development complies with this Ordinance, including such additional
information or analyses as may be necessary to evaluate potential impacts of
the proposed development on the surrounding area and community as a whole.
13. Failure of the applicant to submit a site development plan for the first phase of
development pursuant to an approved PUD district within twenty-four (24)
months of approval of the district shall cause the approvals to be invalidated
and the Board shall initiate action to amend the official zoning map to rezone
the property to the classification(s) in existence before the approval of the PUD
district.
E. Zoning Text Amendments. The application for a text amendment to this Ordinance
shall be filed with the Administrator. There shall be attached to the application:
1. A written description of the nature and extent of the amendment desired
together with an explanation of the reasons for seeking a change.
F. Standards for Review.

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1. Once the application is submitted in accordance with this Article and has been
determined to be complete, the County shall evaluate the application and may
request that the applicant make revisions, as necessary.
2. Once complete, the application for a zoning map amendment, text amendment,
or PUD master plan shall be referred to the Planning Commission for public
hearing and recommendation. The Planning Commission shall present their
recommendation on the proposed ordinance or amendment, including the
district maps, to the Board of Supervisors for public hearing and action. No
recommendation or action shall be rendered until public notification and
hearings have been conducted in accordance with Section 3.11-2,
Advertisement and Mailings and the Code of Virginia.
3. For a zoning text amendment, the Planning Commission or Board of
Supervisors should first consider such request and determine if the text should
proceed to a public hearing and what amendment language will be advertised
before any public hearing is held on the topic and a recommendation is
rendered.
4. The Planning Commission shall advise the Board of Supervisors of their
recommendation within sixty (60) days from its first meeting following
placement of the item on its agenda. If after sixty (60) days no
recommendation has been made, the governing body shall assume that the
Planning Commission concurs with the applicant and supports the amendment.
The Board of Supervisors shall thereafter take any action it deems appropriate,
unless the applicant requests an extension for a defined period not to exceed
three (3) regularly scheduled Board meetings from the date of the public
hearing.
5. All motions, resolutions, or applications for amendment to the Ordinance
and/or Zoning Map shall be acted upon, and a decision made within such
reasonable time as may be necessary, which shall not exceed twelve (12)
months, such period beginning from the final submission of the application and
all necessary required supporting information, unless the applicant requests or
consents to action beyond such period or unless the applicant withdraws his
application for amendment to the Ordinance or map, or both; otherwise, the
amendment shall be approved. In the event of a withdrawal by the applicant,
processing of the motion, resolution, or petition shall cease without further
action as otherwise would be required for the initial request.
6. In determining what, if any, amendments to this Ordinance or the Zoning Map
are to be adopted, the governing body is not limited to, but may:

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a. Consider the proper relationship of such amendment to this Ordinance;
b. Consider the integrity and validity of the zoning districts described in this
Ordinance;
c. Avoid isolated, unplanned spot zoning changes to the Zoning Map;
d. Recognize that a certain level of stability is desirable in land use controls,
but conditions and standards will change;
e. Consider the right of all citizens to be treated reasonably; and/or
f. Evaluate all changes based on the Comprehensive Plan and a
comprehensive analysis of community conditions.
G. Procedures for Approvals and Denials.
1. Following the approval of a zoning map or zoning ordinance amendment by the
Board of Supervisors, the Zoning Administrator shall update the official zoning
map following the approval of such changes to show the new district
boundaries and any sets of the zoning map used for public viewing. The
Administrator shall maintain a record of the ordinance authorizing such change
in accordance with the Virginia Freedom of Information Act.
2. If the BOS denies the application for a zoning map amendment, the
Administrator shall inform the applicant of the decision in writing within ten
(10) business days from the date of the public hearing, stating the reasons for
disapproval.
3. The Administrator shall retain one (1) copy each of the original application, any
plans, and the denial, subject to the retention requirements of the Virginia
Freedom of Information Act.
H. Procedures for Deferring Action and Withdrawing an Application.
1. An applicant for a Zoning Map Amendment may request a deferral or
withdraw an application, subject to the provisions in Section 3.7-3.F,
Procedures for Deferring Action and Withdrawing an Application.
3.8-3 Reconsiderations.
A. Request for Reconsideration. Any request for reconsideration prior to this period
must comply with the requirements of Section 3.7-6. Reservation of Legislative
Authority. The limits on reconsideration shall not impair the right of either the
Planning Commission or the Board of Supervisors to propose any amendment to
this Ordinance on their motion at any time.

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3.9 Variances.
3.9-1 Purpose and Intent. Pursuant to § 15.2-2309 et seq. of the Code of Virginia, as
amended, the purpose of a variance is to allow for a reasonable deviation from the
provisions of this Ordinance regulating the shape, size, or area of a lot or parcel of land
or the size, height, area, bulk, or location of a building or structure when the strict
application of the Ordinance would unreasonably restrict the utilization of the property,
other relief or remedy is not available, such need for a variance would not be shared
generally by other properties, and provided such variance is not contrary to the purpose
of this Ordinance.
3.9-2 Standards and Procedures.
A. Authority.
1. Pursuant to § 15.2-2309(2) and (6) et seq. of the Code of Virginia, as amended,
the BZA is authorized to review applications for a variance, if the applicant
proves the burden and provides evidence that the application meets the
standard for a variance and the criteria set out in this Ordinance.
2. The BZA may approve, approve with conditions, or deny an application for a
variance in accordance with the procedures and standards of this Article.
B. Standards for Review.
1. After application is made as required in Section 3.1, In General of this Article,
the Zoning Administrator shall review the application for compliance with this
Ordinance.
2. When it has been determined that the application is complete, the Zoning
Administrator shall submit the application to the BZA for a public hearing. No
recommendation or action shall be rendered until public notifications and
hearing have been conducted in accordance with Section 3.11-2,
Advertisement and Mailings of this Article and the Code of Virginia. The
Zoning Administrator shall also transmit a copy of the application to the local
Planning Commission, which may send a recommendation to the BZA or
appear as a party at the hearing.
3. Pursuant to § 15.2-2309(2) et seq. of the Code of Virginia, as amended, a
variance shall be granted if the evidence shows that the strict application of the
terms of the Ordinance would unreasonably restrict the utilization of the
property or that the granting of the variance would alleviate a hardship due to a
physical condition relating to the property or its improvements at the time of
the effective date of this Ordinance, and:

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a. The property interest for which the variance is being requested was
acquired in good faith and any hardship was not created by the applicant
for the variance;
b. The granting of the variance will not be of substantial detriment to adjacent
property and nearby properties in the proximity of that geographical area;
c. That such hardship is not shared generally by other properties and could be
resolved with an amendment to this Ordinance;
d. The granting of the variance does not result in a use that is not otherwise
permitted on such property or a change in the zoning classification of the
property; and
e. The relief or remedy sought by the variance application is not available
through the process for a special exception permit that is authorized in this
Ordinance pursuant to § 15.2-2309(6) et seq. of the Code of Virginia, as
amended, at the time of the filing of the variance application.
4. Any variance granted to provide a reasonable modification to a property or its
improvements requested by, or on behalf of, a person with a disability may
expire when the person benefited by it is no longer in need of the modification
to such property or improvements provided by the variance, subject to the
provisions of the Commonwealth and federal fair housing laws, or the
Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et seq.), as
applicable.
5. If a request for a reasonable modification is made to the County and is
appropriate under the provisions of the Commonwealth and federal fair
housing laws, or the Americans with Disabilities Act of 1990 (42 U.S.C. 12131
et seq.), as applicable, such request shall be granted by the County unless a
variance from the BZA under this section is required in order for such request
to be granted.
3.9-3 Effect of Decision; Period of Validity.
A. Extent of Approval. Issuance of a variance shall authorize only the particular
variance that is approved. A variance, including any conditions, shall run with the
land, and shall not be affected by a change in ownership.
B. Compliance with this Ordinance. Use or development authorized by the variance
shall not be carried out until the applicant has secured all other permits required by
this Ordinance or any other applicable Ordinances and regulations of the County. A
variance, in itself, shall not ensure that the development approved through said

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permit shall receive subsequent approval for any other necessary applications for
permit or development approval.
C. Period of Validity. After the BZA has granted a variance, it shall become void after
twelve two (12) months years if no substantial construction or change of use has
taken place in accordance with the plans for which such variance was granted, or if
the BZA does not specify some longer period than one year for good cause shown.
3.9-4 Reconsiderations.
A. Reconsideration of Denied Applications. If denied by the BZA, then such variance
application, or one substantially similar, shall not be reconsidered sooner than
twelve (12) months after the previous denial.
B. Reconsideration of Withdrawn Applications. If withdrawn by the applicant, such
application, or one substantially similar, shall not be reconsidered within six (6)
months from the date of the original application was withdrawn.
3.10 Appeals.
3.10-1 Procedure.
A. Appeals Procedures. Pursuant to § 15.2-2312 et seq. of the Code of Virginia, as
amended, procedures for submitting an appeal shall be as follows:
1. Appeals shall be mailed from the applicant seeking appeal to the BZA in care
of the Zoning Administrator. A copy should be mailed to the individual,
official, department, or agency concerned, if any.
2. The BZA shall fix a reasonable time for the hearing of an application or appeal,
give public notice as outlined in Section 3.11-2, Advertisement and Mailings of
this Ordinance as well as due notice to the parties in interest, and decide the
same within ninety (90) days of filing of the appeal.
3. In exercising its powers, the BZA may reverse or affirm, wholly or partly, or
may modify the order, requirement, decision, or determination appealed from.
The concurring vote of a majority of the BZA members present and voting
shall be necessary to reverse any order, requirement, decision, or determination
of an administrative officer or to decide in favor of the applicant on any matter
upon which is being heard. In any appeal, if a BZA’s attempt to reach a
decision results in a tie vote, the matter may be carried over until the next
scheduled meeting at the request of the person filing the appeal.
3.10-2 Appeals of Zoning Administrator Determinations and Decisions.

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A. Right of Appeal. Pursuant to § 15.2-2311 et seq. of the Code of Virginia, as
amended, appeal to the BZA may be taken by any person aggrieved or by any
officer, department, board, or bureau of the County affected by any decision of the
Zoning Administrator or from any order, requirement, decision, or determination
made by any other administrative officer in the administration or enforcement of
this Ordinance.
B. Appeal Period. An application for appeal, specifying the grounds on which the
applicant is aggrieved, shall be filed with the Zoning Administrator within thirty
(30) days after the date of the decision being appealed."
C. Burden of Proof. A decision or interpretation of the Zoning or Administrator shall
be presumed correct and may not be reversed or modified unless there is evidence
in the record that the decision is not correct, based on the relevant procedures and
review standards of this Ordinance.
3.10-3 Appeals of Board of Zoning Appeals, Planning Commission, or Board of Supervisors.
A. Right of Appeal. Pursuant to § 15.2-2314 and 15.2-2285 et seq. of the Code of
Virginia, as amended, any person or persons jointly or severally aggrieved by any
decision of the BZA, Planning Commission, or Board of Supervisors, or any
taxpayer or any officer, department, board, or bureau of the County, may appeal
the decision to the Circuit Court of Mecklenburg County.
B. Appeal Period. An application for appeal, specifying the grounds on which the
applicant is aggrieved, shall be filed with the Board of Zoning Appeals within
thirty (30) days after the date of the decision being appealed.
3.10-4 Ex Parte Communications and Proceedings.
A. Ex Parte Communications. In accordance with § 15.2-2308.1 of the Code of
Virginia, members of the BZA shall not discuss the facts or law of any active case
with County staff, applicants, landowners, or their representatives outside of a
public hearing. If such a discussion occurs, the party involved must promptly
notify all other parties and provide a summary of the communication. This
restriction does not apply to public meetings or any meeting where all parties are
invited to participate..
B. Public Records. Any materials relating to a particular case, including a staff
recommendation or report furnished to a member of the board, shall be made
available without cost to the applicant, appellant, or other person aggrieved no
later than three (3) business days after they were given to a board member.
Requests for documents beyond what is provided to the board must follow § 2.23704 et seq. of the Code of Virginia, as amended.

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C. Exempt Communications. For the purposes of this section, "non-legal staff of the
governing body" means any staff who is not in the office of the attorney for the
County, or for the board, or who is appointed by special law or pursuant to § 15.21542 et seq. of the Code of Virginia, as amended. Nothing in this section shall
preclude the board from having ex parte communications with any attorney or the
staff of any attorney where such communication is protected by the attorney-client
privilege or other similar privilege or protection of confidentiality.
3.10-5 Stay of Proceedings. An appeal shall stay all proceedings in furtherance of the action
appealed from unless the Zoning Administrator certifies to the BZA that by reason of
facts stated in the certificate, a stay would, in their opinion, cause imminent peril to life
or property, in which case proceedings shall not be stayed otherwise than by a
restraining order granted by the BZA or by a court of record, on application and on
notice to the Zoning Administrator and for good cause shown.
3.11 Public Hearings.
3.11-1 When Required.
A. Public Hearing Requirements. In accordance with § 15.2-2204 et seq. of the Code
of Virginia, as amended, the Planning Commission shall not recommend, nor shall
the Board of Supervisors adopt or approve any comprehensive plan or amendment,
ordinances, zoning map amendment, or special exception permit, nor shall the
BZA approve any variance or appeal, until it has held a duly advertised public
hearing. Advertising and notice procedures shall be conducted according to the
procedures under § 15.2-2204 et seq. of the Code of Virginia, as amended, as
outlined in this Section.
B. Joint Public Hearing. The Planning Commission and Board of Supervisors may
hold a joint public hearing after public notice as set forth herein, and if such joint
hearing is held, public notice, as set forth below, need be given only by the Board
of Supervisors.
C. Notice Limit. No land may be zoned to a more intensive use classification than
was contained in the public notice without an additional public hearing after
further notice pursuant to § 15.2-2204 et seq. of the Code of Virginia, as amended.
3.11-2 Advertisement and Mailings.
A. Notice Content. The notice for each proposal shall provide:
1. A descriptive summary of the application;
a. In the case of a proposed amendment to the Zoning Map (rezoning), the
public notice shall state the current zoning of the property, the proposed

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zoning of the property and general usage and density range of the proposed
amendment and the general usage and density range, if any, set forth in the
applicable part of the Comprehensive Plan.
2. The location of the property, if applicable;
3. Where copies of the proposal may be examined; and
4. The time and place of any hearing at which persons affected may appear and
present their views.
B. Public Advertisement. Notice of public hearings shall also be published twice in
some newspaper published or having general circulation in the County. The timing
of the notice shall occur in accordance with § 15.2-2204 et seq. of the Code of
Virginia, as amended.
C. Notice Procedures. In accordance with § 15.2-2206 et seq. of the Code of Virginia,
as amended, property owner notification shall be sent by the Planning and Zoning
Department.
1. The developer/applicant shall provide the Planning and Zoning Department
with a list of tax map numbers, names, and mailing addresses including zip
codes for all adjoining property owners as part of the application submission,
which the County shall confirm is current at the time of public hearing.
2. Notifications shall be mailed to:
a. The owner, owners, or their agent of the subject property. If multiple
parcels are owned by the same owner, owners, or agent, they shall receive
one (1) notice. In cases where the property is listed as “C/O”, the individual
or entity designated as the recipient of correspondence shall receive the
notice;
b. Persons owning any adjacent property, including property across any road,
railroad right-of-way, or body of water;
c. A locality’s chief administrative officer or their designee when the subject
property is located within one-half (1/2) mile of the boundary of the
adjoining locality at least ten (10) days prior to the hearing;
d. The commander of the applicable military operation when the subject
property is located within 3,000 feet of the boundary of a military base,
installation, or airport, excluding armories operation by the Virginia
National Guard, at least thirty (30) days prior to the hearing;

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e. The owner of a public use airport when the subject property is located
within 3,000 feet of such airport at least thirty (30) days prior to the
hearing;
f. For rezonings, the incorporated property owners’ association within a
planned development where the subject property is located within the
planned development and the association’s members also own property in
the planned development that is located within 2,000 feet of any portion of
the subject property; and
g. In lieu of each individual unit owner, the unit owners’ association or
proprietary lessee’s association when the property adjacent to the subject
property is a condominium or cooperative, respectively.
D. Registered Mail. Notice, as required above, shall be sent by registered or certified
mail to the last known address of such property owner(s) as shown on the current
real estate tax assessment records. Notice may be sent by first class mail; however,
a representative of the County shall sign an affidavit that such mailings have been
made and file such affidavit with the papers in the case.
E. Payment of Notice Costs. Any re-advertising or re-mailing caused by an
applicant’s request for deferral or modification of the application shall be at the
applicant's sole expense. The County shall bill the applicant for these costs, and
payment shall be a prerequisite to any further action on the application.
ARTICLE 4 – NONCONFORMITIES
4.1 Intent and Applicability.
4.1-1 Purpose. The purpose of this section is to regulate nonconforming uses, structures, lots,
and signs in a manner consistent with sound planning and zoning principles except for
structures within the flood hazard overlay district regulated by Section 6.3-3,
Floodplain Management (FM) District.
4.1-2 Nonconformities. Any use, structure, lot, and sign that was legally established but no
longer conforms to the regulations of this Ordinance are declared to be incompatible
with the zoning districts in which they are located and, therefore, are authorized to
continue only under the circumstances provided herein until they are discontinued,
removed, changed or action is taken to conform to the zoning regulations applicable to
the district in which the use, structure, lot, or sign is located.
4.2 Standards for Nonconformities.
4.2-1 Nonconforming Uses.

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A. Continuation of Use. Any use lawfully in existence on the effective date of this
Ordinance which does not conform to the provisions of this Article may be
continued in accordance with the provisions of this Section.
B. Transfer of Ownership. All nonconforming uses legally existing at the time of the
enactment of this Ordinance shall be allowed to transfer ownership or leaseholder
interest.
C. Discontinuation of Use. Any such use, activity or structure which is discontinued
for more than two (2) years shall be deemed abandoned and shall thereafter
conform to the provisions of this Ordinance relating to the district in which the
same is situated.
D. Temporary Uses. Temporary seasonal nonconforming uses that have been in
continual operation for a period of two (2) years or more prior to the effective date
of this ordinance shall not be considered nonconforming uses for purposes of this
Article.
E. Changes to Nonconforming Uses. Whenever any such use, activity, temporary use,
is changed to a conforming or a more restricted nonconforming use, activity,
structure, or sign, the original use shall be deemed abandoned.
4.2-2 Nonconforming Lots.
A. Uses Allowed on a Nonconforming Lot. Any lot of record at the time of adoption
of this Ordinance which is less in area and/or width than the minimum required by
this Ordinance may be used in a manner consistent with the zoning district in
which the lot is located.
B. Boundary Line Adjustments. Boundary line adjustments may be permitted
between nonconforming lots, or between a conforming and a nonconforming lot,
provided the boundary line adjustment does not make a lot more nonconforming.
C. Change to Nonconforming Lot Resulting from Public Dedication or Eminent
Domain. The area of a nonconforming lot may be reduced by the dedication of
land for public use or by the exercise of eminent domain.
4.2-3 Nonconforming Structures.
A. Alteration or Enlargement. No such nonconforming use and/or structure shall be
enlarged, increased, or extended to occupy a greater area of land than was
occupied on July 1, 2026, or the effective date of an amendment of this Ordinance,
unless such enlargement does not result in an increase in nonconformity or results
in a change to a use permitted in the district.

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B. New structures. No additional structure not conforming to the requirements of this
Ordinance shall be erected. A structure established in violation of zoning
regulations shall be considered illegal, not nonconforming.
C. Moving. No such nonconforming use and/or structure shall be moved in whole or
in part to any portion of the land or parcel other than that occupied by such use
and/or structure at the effective date or amendment of this Ordinance, unless such
move results in decreasing the degree of nonconformity or results in conformity
with the requirements for the district.
D. Pre-existing Setback. Any structure which existed on the date of adoption of this
Ordinance which is nonconforming solely due to a setback or yard requirement
imposed by this may be enlarged, increased, extended, repaired, or replaced so
long as any such improvements do not result in an increase in the degree of
nonconformity.
4.2-4 Nonconforming Signs.
A. Nonconforming Signs. Any sign which was lawfully in existence at the time of the
effective date of this ordinance which does not conform to the provisions herein
shall be deemed a nonconforming sign and may remain except as qualified in
Section 4.2-4. C. 3. below. A nonconforming sign shall not be enlarged, extended,
structurally reconstructed, or altered in any manner; however, a sign head or face
may be changed so long as the new head is equal to, or reduced in height, sign
area, and/or projection and so long as the sign is not changed from an on-premises
sign to an off-premises sign.
B. Lighting. The addition of lighting or illumination to a nonconforming sign shall
constitute an expansion of a nonconforming structure and shall not be permitted
under these regulations.
C. Exceptions. Nonconforming signs may remain, provided they are kept in good
repair, except for the following:
1. A nonconforming sign, which is fully destroyed or damaged shall not be
altered, replaced, or reinstalled unless it is in conformance with these sign
regulations. Signs damaged to a lesser extent may be restored within ninety
(90) days of the damage or destruction but shall not be enlarged in any manner.
2. A nonconforming on-premises sign shall be removed if the structure or use to
which it is accessory is discontinued for more than sixty (60) days.
3. Whenever a change of zoning occurs by petition of the owner, contract
purchaser with the owner's consent, or the owner's agent upon a lot which
contains a nonconforming on-premises sign, such sign shall not be permitted

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without being modified in such a manner as to be in full compliance with these
sign regulations.
4.2-5 Repairs and Maintenance.
A. Maintenance. Nothing in this article shall be deemed to prevent the routine
maintenance, strengthening, or other work required to ensure the safe condition of
any nonconforming building or part thereof; provided that such maintenance shall
not result in an increase in nonconformity as set forth in Section 4.2-4 above.
Status as a nonconforming structure shall be maintained if complete records and
receipts are provided to the Zoning Administrator upon request.
B. Disrepair. If a nonconforming structure or portion thereof containing a
nonconforming use becomes physically unsafe or unlawful due to lack of repairs
and maintenance, and is declared by any duly authorized official to be unsafe or
unlawful by reason of physical condition, it shall not thereafter be restored,
repaired, rebuilt or used, except in conformity with the regulations of the district in
which it is located.
C. Damage by Natural Causes. If a nonconforming structure is damaged or destroyed
by a natural disaster or other natural causes, the owner may repair, rebuild, or
replace such structure to eliminate or reduce the nonconforming features to the
extent possible, without the need to obtain a variance. If such structure cannot be
repaired, rebuilt, or replaced except to restore it to its original nonconforming
condition, the owner shall have the right to do so.
D. Building Permit Required. Before undertaking any work pursuant to (A) or (B) as
set forth herein, the owner shall apply for a building permit and all work done shall
be in compliance with the provisions of the Uniform Statewide Building Code.
E. Time to Commence Repairs. Any restoration shall be started and completed within
twenty-four (24) months of the date of a specific damaging event or else such
structure shall only be repaired, rebuilt, or replaced in accordance with the
provisions of this Article. However, if the nonconforming building is in an area
under a federal disaster declaration and the building has been damaged or
destroyed as a direct result of conditions that gave rise to the declaration, then any
restoration shall be started and completed within forty-eight (48) months of the
date of the damaging event.
F. Replacement of a Nonconforming Manufactured Home. In accordance with Code
of Virginia § 15.2-2307(H), nothing in this section shall be construed to prevent a
landowner or homeowner from removing a valid nonconforming manufactured
home and replacing it with another manufactured home that meets the current

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HUD manufactured housing code. Such replacements shall be meet the following
provisions:
1. Within a manufactured home park, a single-section home may replace a singlesection home, and a multi-section home may replace a multi-section home.
2. On individual lots, a valid nonconforming mobile or manufactured home
located outside of a park may be replaced with a newer manufactured home,
either single- or multi-section.
3. Any such replacement home shall retain the valid nonconforming status of the
prior home.

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ARTICLE 5 – ZONING MAP, GENERAL REQUIREMENTS
5.1 Zoning Map.
5.1-1 Establishment & Maintenance.
A. Official Zoning Map. The unincorporated areas of Mecklenburg County, Virginia,
are hereby divided into zoning districts, as shown on the official “Zoning Map of
Mecklenburg County, Virginia.” The Zoning Map of Mecklenburg County,
Virginia shall be, for convenience, referred to as the “Zoning Map.”
B. Zoning Map location. The Zoning Map shall be located in the office of the Zoning
Administrator and shall be the final authority as to the current zoning status of land
and water areas, buildings, and other structures in the County save for subsequent
amendments enacted by the Board of Supervisors and not yet officially recorded
on said map. The Map shall also be made available through electronic means.
5.1-2 Incorporated by Reference.
A. Adopted by Reference. The Zoning Map, as amended, together with all
explanatory matter thereon, is hereby adopted by reference and declared to be a
part of this Ordinance.
5.1-3 Interpretation of Boundaries.
A. Rules of interpretation of Zoning Map. The Zoning Map associated with this text
and showing the division of the territory into districts shall be interpreted with the
following rules when uncertainty exists with respect to the boundaries of any of
the districts:
1. District Boundaries. Where district boundaries are fixed by dimensions or
otherwise shown or described, there shall be no uncertainty.
2. Determination of District Boundaries. Unless district boundary lines are fixed
by dimensions or otherwise clearly shown or described, and where uncertainty
exists with respect to the boundaries of any of the districts as shown on the
zoning map, the following rules shall apply:
a. Lot Lines. Boundaries indicated as approximately following platted lot
lines shall be construed as following such lot lines.
b. Streets and Highways. Where district boundaries are indicated as
approximately following or at right angles to the centerlines of streets,
highways, alleys or railroad tracks, or rights-of-way of the same, such
centerline, or lines at right angles to such centerlines, shall be construed to
be such boundaries.

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c. Waterways. Where a district boundary is indicated to follow the shoreline
of a river, creek, branch, pond, lake or other body of water, such boundary
shall be construed to follow the shoreline at low water or at the limit of the
jurisdiction, and if there is a change in the shoreline, such boundary shall
be construed as moving with the actual shoreline. Where a district
boundary is indicated to follow the centerline of a river, creek, branch, or
other body of water, such boundary shall be construed to follow the
centerline at low water or at the limit of the jurisdiction, and if there is a
change in the shoreline, such boundary shall be construed as moving with
the actual shoreline.
d. Vacation of Right-of-Way. Where a public road, street, or alley is officially
vacated or abandoned, the adjacent zoning district shall apply to such
vacated or abandoned road, street, or alley. In the case of more than one
adjacent district, the Board of Zoning Appeals shall determine the
appropriate zoning district.
e. Map Scale. If the specific location of a boundary cannot be determined
from notations on the Zoning Map or application of the above standards, it
will be determined by using the map scale to determine the boundary's
distance from other features shown on the map.
f. Uncertainty and Conflicts. In any case in which there is uncertainty,
contradiction, or conflict as to the location of any zoning district boundary
– due to scale, illegibility, lack of detail, physical or natural features, or any
other circumstances not covered by this section – the Zoning Administrator
will have the authority to interpret the district boundaries in accordance
with Section 2.1-1, Powers and Duties.
g. Appeals. The Zoning Administrator’s interpretations may be appealed to
the BZA in accordance with Section 3.10-2, Appeals of the Zoning
Administrator Determinations and Decisions. The BZA will not have the
power to change substantially the locations of district boundaries.
5.1-4 Unauthorized Changes.
A. Unauthorized Changes. No changes of any nature shall be made on said Zoning
Map or any matter shown thereon except in conformity with the procedures and
requirements of this Ordinance. It shall be unlawful for any person to make
unauthorized changes on the official Zoning Map.

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ARTICLE 6 – ZONING DISTRICTS
6.1 Establishment and Purpose.
6.1-1 General.
A. Zoning Districts Established. Land within the County, as it exists at the time this
Ordinance is enacted, is hereby divided into classes of primary zoning districts to:
1. Regulate and restrict the location and use of buildings and land for trade,
industry, residence, and other purposes in accordance with the objectives of the
Mecklenburg County Comprehensive Plan;
2. Regulate and restrict the location, height, and size of buildings hereafter
erected or structurally altered; and
3. Ensure adequate setbacks, open spaces, and public facilities to support the
County’s population.
B. Primary Zoning Districts. To carry out the purpose stated in Article 1, Purpose and
Legal Provisions, of this Ordinance and Section 6.1-1. A above, Mecklenburg
County is hereby divided into the following primary zoning districts:
Table 6.1-1 B – Zoning Districts
Agricultural Districts
A-1
A-C

Agricultural
Agricultural Conservation
Residential Districts

R-1
R-2
R-3

Residential-1
Residential-2
Residential-3
Mixed-Use Districts

MU-1
PUD

Mixed Use-1
Planned Unit Development
Industrial

M-1

Industrial-1
C. Overlay Districts. The Airport Overlay (AP-1) and Floodplain Management (FM)
Districts are established in Section 6.3, Overlay Zoning Districts of this Ordinance.

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6.2 Primary Zoning Districts.
6.2-1 Agricultural.
Table 6.2-1 Agricultural (A-1) District

District
Intent
Statement

The Agricultural (A-1) District is established to preserve and promote farming, forestry, livestock, and
related land-based activities that are vital for the County’s rural economy and character. The district is
intended for areas where agricultural production is the primary land use and is to be protected from
other incompatible uses. While limited low-density residential development may occur, it shall not
interfere with ongoing agricultural operations. By supporting long-term agricultural use, the A-1
District helps maintain and support the County’s agrarian heritage, natural resource base, and rural way
of life.

Dimensional
Graphics

Building Location & Dimensions
Lot Dimensions

Dimensional
Standards

A

Area
(min)

1 acre

C
D
E

B

Width
(min)

125 feet
F

Front
Setback
Side
Setback
Rear
Setback
Building
Height

Principal
Structure

Accessory
Structure

60 feet

60 feet*

15 feet

15 feet

30 feet

15 feet
55**

* Accessory structures must be set back equal to or greater than the principal structure.
** The maximum height for all structures shall not exceed fifty-five (55) feet when located within one hundred
(100) feet of any property line or street right-of-way line. Any portion of a structure exceeding fifty-five (55) feet
in height shall be horizontally set back a minimum of one hundred (100) feet from the property line of any
adjacent lot. Other height restrictions shall be as defined and regulated by the Building Code.

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6.2-2 Agricultural Conservation.

District
Intent
Statement

Table 6.2-2 Agricultural Conservation (A-C) District
The Agricultural Conservation (A-C) District is intended to preserve Mecklenburg County’s rural
landscapes, working farmland, and natural resources by encouraging continued agricultural and
forestal uses. This low-density district supports the protection of open space, water quality, scenic
views, and environmentally sensitive areas, while recognizing the importance of farming, forestry, and
rural living to the County’s identity and economy. Public water and sewer are not planned for areas
within this district.
The A-C District is available for property owners who wish to maintain a rural lifestyle and help
conserve agricultural land and natural features. Limited residential development is allowed, but at a
scale and pattern that minimizes impacts on farmland and rural roads. Residents should expect the
sights, sounds, and smells associated with normal farming operations.

Dimensional
Graphics

Lot Dimensions

Dimensional
Standards

A

Area (min)

10 acres

C
D
E

B

Width
(min)

200 feet
F

Building Location & Dimensions
Principal
Accessory
Structure
Structure
Front
100 feet
100 feet*
Setback
Side
20 feet
15 feet
Setback
Rear
50 feet
15 feet
Setback
Building
Height

55 feet**

* Accessory structures must be set back equal to or greater than the principal structure.
** The maximum height for all structures shall not exceed fifty-five (55) feet when located within one hundred (100) feet of any
property line or street right-of-way line. Any portion of a structure exceeding fifty-five (55) feet in height shall be horizontally set
back a minimum of one hundred (100) feet from the property line of any adjacent lot. Other height restrictions shall be as defined
and regulated by the Building Code.

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6.2-3 Residential-1.
Table 6.2-3 Residential-1 (R-1) District

District Intent
Statement

The Residential-1 (R-1) District is established to provide for quiet, low-density residential
development in areas characterized by natural features such as lakefronts, open space, and wooded
landscapes. The district is intended to promote a stable, safe, and attractive residential environment
for year-round and seasonal homeowners, with a focus on single-family dwellings and compatible
community uses that support family life and the enjoyment of natural surroundings.
Development in this district should preserve the scenic and environmental quality of lakefront and
rural areas and is expected to be served by well and septic systems rather than full publicly operated
infrastructure. Design that complements the natural landscape and ensures long-term compatibility
with surrounding rural and recreational land uses is encouraged.

Dimensional
Graphics

Building Location & Dimensions
Lot Dimensions

Dimensional
Standards

A

Area
(min)

30,000 square feet

C
D
E

B

Width
(min)

100 feet
F

Front
Setback
Side
Setback
Rear
Setback

Principal
Structure

Accessory
Structure

25 feet

25 feet*

10 feet

10 5 feet

15 feet

10 5 feet

Building
Height

4.5 stories

* Accessory structures must be set back equal to or greater than the principal structure.

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6.2-4 Residential-2.
Table 6.2-4 Residential-2 (R-2) District
The Residential-2 (R-2) District is established to provide for a range of housing types – including
single-family detached, duplexes, townhouses, and other compatible dwelling types – at a density
that balances efficient land use with a quiet, stable neighborhood character. This district is intended to
promote the development of well-designed residential neighborhoods that support family life.
District Intent
Statement

All development within the R-2 District shall comply with applicable design and subdivision
standards established by the County. Public and institutional uses commonly found in residential
neighborhoods – such as schools, parks, and places of worship – are appropriate, provided they are
compatible with surrounding residential uses. The district is designed to preserve neighborhood
stability by prohibiting commercial and industrial uses that generate excessive traffic or visual
disruption, while allowing for a variety of residential forms that are compatible in scale and design.

Dimensional
Graphics

Building Location & Dimensions
Lot Dimensions

Dimensional
Standards

A

Area
(min)

15,000 square feet

C
D
E

B

Width
(min)

75 feet
F

Front
Setback
Side
Setback
Rear
Setback

Principal
Structure**

Accessory
Structure

10 feet

10 feet*

5 feet

5 feet

10 feet

7.5 feet

Building
Height

5 stories

* Accessory structures must be set back equal to or greater than the principal structure.
** Setbacks for townhomes shall be as listed in Table 6.2-8xx, Townhomes.

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6.2-5 Residential-3.
Table 6.2-5 Residential-3 (R-3) District

Formatted Table

The Residential-3 (R-3) District is established to accommodate a range of residential housing types –
including single-family attached dwellings, townhouses, and multi-family buildings – at higher
densities in locations suited for compact, walkable residential development. The district is intended to
support efficient land use and infrastructure investment while offering diverse housing that serves a
range of household types and lifestyles.
District Intent
Statement

Development within the R-3 District shall connect to public or community water and wastewater
systems whenever such services are available and shall comply with all applicable County design and
subdivision standards. While the district is primarily residential in character, certain public,
institutional, and low-intensity commercial uses that are compatible with high-density residential
development may be permitted, subject to additional standards or approval of a special exception
permit. Heavy commercial and industrial uses are incompatible with the intent of this district and are
therefore prohibited.

Dimensional
Graphics

Building Location & Dimensions
Lot Dimensions

Dimensional
Standards

A

Area
(min)

None

C
D
E

B

Width
(min)

35 feet
F

Front
Setback
Side
Setback
Rear
Setback
Building
Height

Principal
Structure**

Accessory
Structure

10 feet

10 feet*

5 feet

5 feet

10 feet

5 feet

10 5 stories**

* Accessory structures must be set back equal to or greater than the principal structure.
** Setbacks for townhomes shall be as listed in Table 6.2-8xx, Townhomes.

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** Building heights of up to 10 stories may be considered by SEP

6.2-6 Planned Unit Development (PUD).
Table 6.2-6 Planned Unit Development (PUD) District
The Planned Unit Development (PUD) District is intended to provide for the development of
medium- to large-sized parcels of land as mixed-use communities in a planned and coordinated
matter. This district is designed to offer greater flexibility than conventional zoning classifications in
order to encourage the most efficient and economical use of the land.
District Intent
Statement

Development within this district should maximize opportunities for open space preservation and the
protection of natural features through clustering and other innovative design techniques, while
allowing standards to be adapted to the unique characteristics of each site. The district seeks to
promote imaginative and high-quality design, a diverse range of housing types, convenient access to
services, and the inclusion of recreational and community amenities. All development in a PUD shall
be consistent with and further the goals and policies of the Comprehensive Plan.

Building Location & Dimensions
Lot Dimensions

Dimensional
Standards

Area
(min)

Width
(min)

Other
Standards

None

35 feet

Principal
Structure**

Accessory
Structure

Front
Setback

10 feet

10 feet*

Side Setback

5 feet

5 feet

Rear
Setback

10 feet

5 feet

Building
Height

10 5 stories**

1. Each PUD shall front upon an existing paved major collector or arterial highway.
2. PUDs shall be located so as to provide access to such districts without creating excessive traffic
along minor streets through existing residential neighborhoods.
3. PUDs shall be located in relation close proximity to sanitary sewers, water lines, storm and
surface drainage systems, and other utility systems and installations in accordance with the
provisions of this Ordinance and with policies and other designations of the Comprehensive
Plan.
4. Each PUD shall contain a minimum of ten (10) acres of contiguous land area. Existing public
streets shall not be included in calculating total land area.
* Accessory structures must be set back equal to or greater than the principal structure.
** Setbacks for townhomes shall be as listed in Table 6.2-8, Townhomes.
** Building heights of up to 10 stories may be considered by SEP

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6.2-7 Mixed-Use (MU-1).
Table 6.2-7 Mixed-Use (MU-1) District

District Intent
Statement

The Mixed-Use District is intended to provide for the coordinated development of areas that combine
residential uses with compatible business, commercial, and light industrial activities. The district
accommodates a variety of light manufacturing, fabricating, and processing uses that are appropriate
to locate along arterial highways and designed so as to minimize adverse impacts on adjacent
residential neighborhoods. All commercial and industrial operations shall be conducted within
completely enclosed buildings or within adequately screened areas to maintain an attractive and
orderly environment. This district is not intended to include uses that rely on heavy trucking or
generate nuisance conditions such as excessive noise, glare, or other impacts beyond those typically
associated with passenger vehicles and light delivery activities.
Development within this district should promote a balanced transportation network that
accommodates automobiles while emphasizing alternative travel modes such as walking and
bicycling. The district also encourages the adaptive reuse of existing buildings and the redevelopment
of underutilized or obsolete industrial, commercial, or institutional properties in a manner consistent
with the goals and policies of the County Comprehensive Plan.

Dimensional
Graphics

Building Location & Dimensions
Lot Dimensions

Dimensional
Standards

A

Area
(min)

None

C
D

B

Width
(min)

35 feet

E

Front
Setback
Side
Setback
Rear
Setback

Principal
Structure**

Accessory
Structure

10 feet

5 feet*

10 feet

5 feet

20 feet

5 feet

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F

Other
Standards

Building
Height

55 feet**

1. Each MU district that includes commercial or industrial uses shall front upon an existing paved
major collector or arterial highway.
2. MU districts shall be located in relation to sanitary sewers, water lines, storm and surface
drainage systems, and other utility systems and installations, in accordance with the provisions
of this Ordinance and with policies and other designations of the Comprehensive Plan.
3. No more than fifty percent (50%) of the gross area of a MU district shall be devoted to sites for
light industrial uses.
4. All uses shall be conducted within a completely enclosed building of permanent and durable
construction, with no open storage of waste material. Products or equipment used or
manufactured on the premises may be stored in the open if screened from the street or from a
residential district in accordance with Sec. xx 7.1-22 of this Ordinance.
* Accessory structures must be set back equal to or greater than the principal structure.
** Setbacks for townhomes shall be as listed in Table 6.2-8, Townhomes.
*** The maximum height for all structures shall not exceed fifty-five (55) feet when located within one hundred
(100) feet from the property line of any adjacent Agricultural to R-1 or R-2 lot or street right-of-way. Other
height restrictions shall be as defined and regulated by the Building Code.

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6.2-8 Townhomes.
Table 6.2-8 Townhomes (in R-2, R-3, MU, and PUD)

Dimensional
Graphics

Building Location & Dimensions
Lot Dimensions

Dimensional
Standards

A

Area
(min)

1,500 square feet*

C
D
E

B

Width
(min)

20 feet
F

Front
Setback
Side
Setback
Rear
Setback
Building
Height

Principal
Structure

Accessory
Structure

10 feet

10 feet**

10 feet

Varies^

10 feet

Varies^

See ZonesƗ

* Minimum lot size applies to R-2 only; there is no minimum lot size for R-3, MU, and PUD.
** Accessory structures must be set back equal to or greater than the principal structure.
^ Side and rear setbacks vary based on the zoning district.
Ɨ
Maximum height varies based on the zoning district.

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6.2-9 Industrial.
Table 6.2-9 Industrial (M-1) District

District Intent
Statement

The Industrial (M-1) District is intended to provide for the establishment and continuation of
industrial uses that contribute to employment opportunities, strengthen the local economic base, and
advance the economic development policies of the Comprehensive Plan. The district is designed to
accommodate a variety of manufacturing, fabricating, processing, and related industrial activities
within a controlled environment that minimizes adverse impacts on adjacent residential and nonindustrial areas.
Industrial districts shall be established in areas that are served by public water and sewer facilities
and that are accessible from major highways or secondary roads improved to standards approved by
the County and VDOT. Industrial sites should be located on land physically suitable for the intended
industrial use and that are compatible with surrounding development.

Dimensional
Graphics

Lot Dimensions

Dimensional
Standards

A

B

Area
(min)

Width
(min)

1 acre

C
D
E

100 feet
F

Building Location & Dimensions
Principal
Accessory
Structure
Structure
Front
100 feet
100 feet*
Setback
Side
50 feet
50 feet
Setback
Rear
50 feet
50 feet
Setback
Building
55 feet**
Height

1.

Each M-1 district shall front upon an existing paved major collector or arterial highway, or secondary
roads improved to standards approved by the County and VDOT.
2. M-1 districts shall be located in relation to sanitary sewers, water lines, storm and surface drainage
Other
systems, and other utility systems and installations, in accordance with the provisions of this Ordinance
Standards
and with policies and other designations of the Comprehensive Plan.
3. Lot access in the M-1 district shall not be provided through contiguous residential districts or residential
areas of planned districts.
* Accessory structures must be set back equal to or greater than the principal structure.

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** The maximum height for all structures shall not exceed fifty-five (55) feet when located within one hundred (100) feet from the
property line of any adjacent non-industrial zoned lot or street right-of-way. Other height restrictions shall be as defined and
regulated by the Building Code.

6.3 Overlay Zoning Districts.
6.3-1 Overlay Districts Generally.
A. Overlay Districts. Overlay districts hereby created and hereafter established shall
be for the purpose of imposing special regulations in certain areas which are
intended to accomplish the stated purpose of the particular overlay district and
furthermore, intended to promote the general health, safety, and welfare of the
citizenry and to promote the goals and objectives of the Comprehensive Plan.
Regulations, requirements, and limitations of overlay districts shall be in addition
to, or supersede, as the case may be, those of the underlying district.
B. Amendments. Overlay districts and amendments thereof shall be established in
accordance with the provisions of Section 3.8-2. C., Zoning Map Amendments of
this Ordinance.
6.3-2 Airport (AP-1).
A. Intent. The Airport (AP-1) Overlay District is established to protect public health,
safety, and welfare by limiting the height and use of structures, objects, and natural
growth in areas surrounding airports in Mecklenburg County. The district is
intended to prevent the creation of hazards to air navigation that could endanger
the lives and property of airport users and nearby residents or interfere with safe
and efficient airport operations. It further seeks to preserve the utility of airport
facilities, safeguard public investment, and support the County’s economic
development objectives associated with air transportation.
B. Airport Safety Zones.
1. In order to carry out the provisions of this section, there are hereby established
certain zones which include all of the area and airspace of Mecklenburg
County lying equal to and above the approach, transitional, horizontal, and
conical surfaces as they apply to Mecklenburg Brunswick Regional Airport,
Lake Country Regional Airport, Merifield Airport, and Chase City Municipal
Airport. These zones are established as overlay zones, superimposed over the
existing base zoning districts, being more specifically zones of airspace that do
not affect the uses and activities of the base zoning districts except as provided
for in Section 6.3-2. D., Use Restrictions, of this Ordinance. An area located in
more than one of the following zones is considered to be only in the zone with
the most restrictive height limitation. These zones are as follows, and more
particularly defined in Article 8, Definitions, of this Ordinance:

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a. Airport zone;
b. Approach zone;
c. Transitional zone; and
d. Conical zone.
2. The source of the specific geometric standards for these zones is found in Part
77.19, Subchapter E (Airspace) of Title 14 of the Code of Federal Regulations,
or in successor federal regulations.
C. Airport Safety Zone Height Limitations.
1. Except as otherwise provided in this section, in any zone created by this
section no structure shall be erected, altered, or maintained, and no vegetation
shall be allowed to grow to a height so as to penetrate any referenced surface,
known as the floor, of any zone provided for in Section 6.3-2. B., Airport
Safety Zones, of this Ordinance at any point.
2. The height restrictions, or floors, for the individual zones shall be those planes
delineated as surfaces in Part 77.19, Subchapter E (Airspace), of Title 14 of the
Code of Federal Regulations, or in successor federal regulations.
D. Use Restrictions.
1. Notwithstanding any other provision of this Ordinance, and within the area
below the horizontal limits of any zone established by this section, no use may
be made of land or water in such a manner as to:
a. Create electrical interference with navigational signals or radio
communication between airport and airborne aircraft;
b. Diminish the ability of pilots to distinguish between airport lights and other
lights;
c. Result in glare in the eyes of pilots using the airport;
d. Impair visibility in the vicinity of the airport;
e. Create the potential for bird strike hazards; or
f. Otherwise, in any way, endanger or interfere with the landing, takeoff, or
maneuvering of aircraft intending to use the airport.
2. Nonconforming Uses.
a. Except as provided for in the section below, the regulations prescribed by
this section shall not require the removal, lowering, or other change or

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alteration of any structure or vegetation not conforming to the regulations
as of the effective date of this Ordinance, or otherwise interfere with the
continuance of a nonconforming use. Nothing contained in this Section
shall require any change in the construction, alteration, or intended use of
any structure, the construction or alteration of which was begun prior to the
effective date of this Ordinance and is diligently prosecuted.
b. Notwithstanding the provisions of the above section, the owner of any
existing nonconforming structure or vegetation is hereby required to permit
the installation, operation, and maintenance thereon of whatever markers
and lights deemed necessary by the FAA, the Virginia Department of
Aviation, or the Zoning Administrator to indicate to operators of aircraft
the presence of that airport obstruction. These markers and lights shall be
installed, operated, and maintained at the expense of the airport owners,
and not the owner of the nonconforming structure in question.
3. Permits.
a. Except as otherwise provided for in this subsection, no structure shall be
erected or otherwise established in any zone created by this section unless a
permit shall have been applied for and granted. Each application for a
permit shall indicate the purpose desired and sufficient geometric
specificity to determine whether the resulting structure would conform to
the regulations prescribed in this Ordinance. No permit for a structure
inconsistent with this Ordinance shall be granted unless a variance has been
approved as provided for below.
b. No permit shall be granted that would allow the establishment or creation
of an obstruction or permit a nonconforming use or structure to become a
greater hazard to air navigation than it was on the effective date of this
Ordinance or any amendments thereto other than with relief as provided for
in Section 6.3-2. D.3.c below.
c. Whenever the Zoning Administrator determines that a nonconforming
structure has been abandoned or more than fifty percent (50%) destroyed,
physically deteriorated, or decayed, no permit shall be granted that would
enable such structure to be rebuilt, reconstructed, or otherwise refurbished
so as to exceed the applicable height limit or otherwise deviate from the
zoning regulations contained in this section, except with the relief as
provided for in Section 6.3-2. D.3.d below.
d. Any person desiring to erect or increase the height or size of any structure
not in accordance with the regulations prescribed in this section may apply

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for a variance from such regulations to the Board of Zoning Appeals. Such
application shall be properly advertised and be reviewed and considered
through a public hearing according to the Code of Virginia. Prior to being
considered by the Board of Zoning Appeals, the application for variance
shall be accompanied by a determination from the Virginia Department of
Aviation as to the effect of the proposal on the operation of air navigation
facilities and the safe, efficient use of navigable airspace. Such variances
shall only be allowed where it is duly found that a literal application or
enforcement of the regulations will result in unnecessary hardship and
relief granted will not be contrary to the public interest, will not create a
hazard to air navigation, will do substantial justice, and will be in
accordance with the spirit of this Ordinance. Additionally, no application
for a variance to the requirements of this section may be considered by the
Board of Zoning Appeals unless a copy of the application has been
furnished to the airport owner for advice as to the aeronautical effects of
the variance. If the airport owner does not respond to the application
within fifteen (15) days after receipt, the Board of Zoning Appeals may act
independent of the airport owner’s position to grant or deny the variance.
e. Any permit or variance granted may, if such action is deemed advisable to
effectuate the purpose of this section and be reasonable in the
circumstances, be so conditioned as to require the owner of the structure in
question to install, operate, and maintain, at the owner’s expense, such
markings and lights as may be deemed necessary by the FAA, the Virginia
Department of Aviation, or the Zoning Administrator. If deemed proper
with reasonable cause by the Board of Zoning Appeals or other entity, this
condition may be modified to require the owner of the structure in question
to permit the airport owner, at his own expense, to install, operate, and
maintain the necessary markings and lights.
4. Conflicting Regulations. Where there exists a conflict between any of the
regulations or limitations prescribed in this section and any other regulations
applicable to the same subject, where the conflict is with respect to the height
of structures or vegetation and the use of land, or any other matter, the more
stringent limitation or requirement shall govern.
6.3-3 Floodplain Management (FM) District.
A. Purpose and Applicability.
1. Statutory Authorization and Purpose. The purpose of these provisions is to
prevent the loss of life, health, or property; the creation of health and safety
hazards; the disruption of commerce and governmental services; the

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extraordinary and unnecessary expenditure of public funds for protection and
relief; and the impairment of the tax base by:
a. Regulating uses, activities, and development which, alone or in
combination with other existing or future uses, activities, and development,
will cause unacceptable increases in flood heights, velocities, and
frequencies;
b. Restricting or prohibiting certain uses, activities, and development from
locating within districts subject to flooding;
c. Requiring all those uses, activities, and developments that do occur in
flood-prone districts to be protected and/or floodproofed against flooding
and flood damage; and
d. Protecting individuals from buying land and structures which are unsuited
for intended purposes because of flood hazards.
2. Applicability. These provisions shall apply to all privately and publicly owned
lands within Mecklenburg County that are identified as areas of special flood
hazard shown on the flood insurance rate map (FIRM) or included in the flood
insurance study (FIS) that are provided to Mecklenburg County by the Federal
Emergency Management Agency (FEMA) To the extent that the provisions are
more restrictive, this Ordinance supersedes any Ordinance currently in effect in
flood-prone districts. To the extent that any other existing law or regulation is
more restrictive or does not conflict it shall remain in full force and effect. In
the event of a conflict between these regulations and any other Ordinance, the
more restrictive shall govern.
3. Compliance and Liability.
a. No land shall hereafter be developed and no structure shall be located,
relocated, constructed, reconstructed, enlarged, or structurally altered
except in full compliance with the terms and provisions of this Ordinance
and any other applicable ordinances and regulations which apply to uses
within the jurisdiction of this Ordinance.
b. The degree of flood protection sought by the provisions of this Ordinance
is considered reasonable for regulatory purposes and is based on acceptable
engineering methods of study but does not imply total flood protection.
Larger floods may occur on rare occasions. Flood heights may be increased
by man-made or natural causes, such as ice jams and bridge openings
restricted by debris. This Ordinance does not imply that districts outside

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the floodplain management district or land uses permitted within such
district will be free from flooding or flood damage.
c. This Ordinance shall not create liability on the part of Mecklenburg County
or any officer or employee thereof for any flood damage that results from
reliance on this Ordinance or any administrative decision lawfully made
thereunder.
B. Administration.
1. Designation of the Floodplain Administrator. The Zoning Administrator is
hereby appointed as the Floodplain Administrator to administer and implement
these regulations and is referred to herein as the Floodplain Administrator. The
Floodplain Administrator may:
a. Do the work themselves. In the absence of a designated Floodplain
Administrator, the duties are conducted by the County Administrator.
b. Delegate duties and responsibilities set forth in these regulations to
qualified technical personnel, plan examiners, inspectors, and other
employees.
c. Enter into a written agreement or written contract with another community
or private sector entity to administer specific provisions of these
regulations. Administration of any part of these regulations by another
entity shall not relieve the community of its responsibilities pursuant to the
participation requirements of the National Flood Insurance Program (NFIP)
as set forth in the Code of Federal Regulations at 44 C.F.R. Section 59.22.
2. Duties and Responsibilities of the Floodplain Administrator. The duties and
responsibilities of the Floodplain Administrator shall include but are not
limited to:
a. Review applications for permits to determine whether proposed activities
will be located in a Special Flood Hazard Area (SFHA).
b. Interpret floodplain boundaries and provide available base flood elevation
and flood hazard information.
c. Review applications to determine whether proposed activities will be
reasonably safe from flooding and require new construction and substantial
improvements to meet the requirements of these regulations.
d. Review applications to determine whether all necessary permits have been
obtained from the Federal, Commonwealth, or local agencies from which
prior or concurrent approval is required; in particular, permits from

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agencies of the Commonwealth for any construction, reconstruction, repair,
or alteration of a dam, reservoir, or waterway obstruction (including
bridges, culverts, structures), any alteration of a watercourse, or any change
of the course, current, or cross section of a stream or body of water,
including any change to the 100-year frequency floodplain of free-flowing
non-tidal waters of the State.
e. Verify that applicants proposing an alteration of a watercourse have
notified adjacent communities, the Division of Dam Safety and Floodplain
Management of the Department of Conservation and Recreation, and other
appropriate agencies (VADEQ, USACE), and have submitted copies of
such notifications to FEMA.
f. Advise applicants for new construction or substantial improvement of
structures that are located within an area of the Coastal Barrier Resources
System established by the Coastal Barrier Resources Act that Federal flood
insurance is not available on such structures; areas subject to this limitation
are shown on FIRMs as Coastal Barrier Resource System Areas (CBRS) or
Otherwise Protected Areas (OPA).
g. Approve applications and issue permits to develop in flood hazard areas if
the provisions of these regulations have been met or disapprove
applications if the provisions of these regulations have not been met.
h. Inspect or cause to be inspected, buildings, structures, and other
development for which permits have been issued to determine compliance
with these regulations or to determine if non-compliance has occurred or
violations have been committed.
i. Review elevation certificates and require incomplete or deficient
certificates to be corrected.
j. Submit FEMA, or require applicants to submit to FEMA, data and
information necessary to maintain FIRMs, including hydrologic and
hydraulic engineering analyses prepared by or for Mecklenburg County,
within six (6) months after such data and information becomes available if
the analyses indicate changes in base flood elevations.
k. Maintain and permanently keep records that are necessary for the
administration of these regulations, including:
i.

FISs, FIRMs (including historic studies and maps and current effective
studies and maps), and Letters of Map Change; and

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ii. Documentation supporting issuance and denial of permits, elevation
certificates, documentation of the elevation (in relation to the datum on
the FIRM) to which structures have been floodproofed, inspection
records, other required design certifications, variances, and records of
enforcement actions taken to correct violations of these regulations.
l. Enforce the provisions of these regulations, investigate violations, issue
notices of violations or stop work orders, and require permit holders to take
corrective action.
m. Advise the Board of Zoning Appeals (BZA) regarding the intent of these
regulations and, for each application for a variance, prepare a staff report
and recommendation.
n. Administer the requirements related to proposed work on existing
buildings:
i.

Make determinations as to whether buildings and structures that are
located in flood hazard areas and that are damaged by any cause have
been substantially damaged.

ii. Make reasonable efforts to notify owners of substantially damaged
structures of the need to obtain a permit to repair, rehabilitate, or
reconstruct. Prohibit the non-compliant repair of substantially
damaged buildings except for temporary emergency protective
measures necessary to secure a property or stabilize a building or
structure to prevent additional damage.
o. Undertake as determined appropriate by the Floodplain Administrator due
to the circumstances, other actions which may include but are not limited
to: issuing press releases, public service announcements, and other public
information materials related to permit requests and repair of damaged
structures; coordinating with other Federal, Commonwealth, and local
agencies to assist with substantial damage determinations; providing
owners of damaged structures information related to the proper repair of
damaged structures in special flood hazard areas; and assisting property
owners with documentation necessary to file claims for Increased Cost of
Compliance coverage under NFIP flood insurance policies.
p. Notify FEMA when the corporate boundaries of Mecklenburg County have
been modified and:
i.

Provide a map that clearly delineates the new corporate boundaries or
the new area for which the authority to regulate pursuant to these

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regulations has either been assumed or relinquished through
annexation; and
ii. If the FIRM for any annexed area includes SFHAs that have flood
zones that have regulatory requirements that are not set forth in these
regulations, prepare amendments to these regulations to adopt the
FIRM and appropriate requirements, and submit the amendments to
the governing body for adoption; such adoption shall take place at the
same time as or prior to the date of annexation and a copy of the
amended regulations shall be provided to the Division of Dam Safety
and Floodplain Management of the Department of Conservation and
Recreation and FEMA.
q. Upon the request of FEMA, complete and submit a report concerning
participation in the NFIP which may request information regarding the
number of buildings in the SFHA, number of permits issued for
development in the SFHA, and number of variances issued for
development in the SFHA.
r. It is the duty of the Floodplain Administrator to take into account flood,
mudslide, and other flood-related erosion hazards, to the extent that they
are known, in all official actions relating to land management and use
throughout the entire jurisdictional area of the County, whether or not those
hazards have been specifically delineated geographically (e.g., via mapping
or surveying).
3. Use and Interpretation of FIRMs. The Floodplain Administrator shall make
interpretations, where needed, as to the exact location of SFHAs, floodplain
boundaries, and floodway boundaries. The following shall apply to the use and
interpretation of FIRMs and data:
a. Where field surveyed topography indicates that adjacent ground elevations:
i.

Are below the base flood elevation in riverine SFHAs, or below the
one percent (1%) storm surge elevation in coastal SFHAs, even in
areas not delineated as a SFHA on a FIRM, the area shall be
considered a SFHA and subject to the requirements of these
regulations; or

ii. Are above the base flood elevation and the area is labelled as a SFHA
on the FIRM, the area shall be regulated as special flood hazard area
unless the applicant obtains a Letter of Map Change that removes the
area from the SFHA.

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b. In FEMA-identified SFHAs where base flood elevation and floodway data
have not been identified and in areas where FEMA has not identified
SFHAs, any other flood hazard data available from a Federal,
Commonwealth, or other source shall be reviewed and reasonably used.
c. Base flood elevations and designated floodway boundaries on FIRMs and
in FISs shall take precedence over base flood elevations and floodway
boundaries by any other sources if such sources show reduced floodway
widths and/or lower base flood elevations.
d. Other sources of data shall be reasonably used if such sources show
increased base flood elevations and/or larger floodway areas than are
shown on FIRMs and in FISs.
e. If a Preliminary Flood Insurance Rate Map and/or a Preliminary Flood
Insurance Study has been provided by FEMA:
i.

Upon the issuance of a Letter of Final Determination by FEMA, the
preliminary flood hazard data shall be used and shall replace the flood
hazard data previously provided by FEMA for the purposes of
administering these regulations.

ii. Prior to the issuance of a Letter of Final Determination by FEMA, the
use of preliminary flood hazard data shall be deemed the best available
data pursuant to Section xxx6.3-3, Floodplain
RegulationsManagement District, and used where no base flood
elevations and/or floodway areas are provided on the effective FIRM.
iii. Prior to issuance of a Letter of Final Determination by FEMA, the use
of preliminary flood hazard data is permitted where the preliminary
base flood elevations or floodway areas exceed the base flood
elevations and/or designated floodway widths in existing flood hazard
data provided by FEMA. Such preliminary data may be subject to
change and/or appeal to FEMA.
C. Establishment and Description of Special Flood Hazard Districts.
1. Basis of Districts. The various special flood hazard districts shall include the
SFHAs. The basis for the delineation of these districts shall be the FIS and the
FIRM for Mecklenburg County prepared by FEMA and FIA, dated July 1,
2026, and any subsequent revisions or amendments thereto.
a. The boundaries of the SFHA Districts are established as shown on the
FIRM which is declared to be a part of this ordinance, and which shall be
kept on file at the Mecklenburg County offices.

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b. The Floodway District is in an AE Zone and is delineated, for purposes of
this ordinance, using the criterion that certain areas within the floodplain
shall be capable of carrying the waters of the one percent (1%) annual
chance flood without increasing the water surface elevation of that flood
more than one (1) foot at any point. The areas included in this District are
specifically defined in Table 2 of the above-referenced FIS and shown on
the accompanying FIRM. The following provisions shall apply within the
Floodway District of an AE zone:
i.

Within any floodway area, no encroachments, including fill, new
construction, substantial improvements, or other development shall be
permitted unless it has been demonstrated through hydrologic and
hydraulic analysis performed in accordance with standard engineering
practice that the proposed encroachment will not result in any increase
in flood levels within the community during the occurrence of the base
flood discharge. Hydrologic and hydraulic analyses shall be
undertaken only by professional engineers or others of demonstrated
qualifications, who shall certify that the technical methods used
correctly reflect currently accepted technical concepts. Studies,
analyses, computations, etc., shall be submitted in sufficient detail to
allow a thorough review by the Floodplain Administrator.
I.

Development activities which increase the water surface
elevation of the base flood may be allowed, provided that the
applicant first applies – with Mecklenburg County’s
endorsement – for a Conditional Letter of Map Revision
(CLOMR), and receives the approval of FEMA.

II.

If Section 6.3-3.C.1.b.i.I above is satisfied, all new construction
and substantial improvements shall comply with all applicable
flood hazard reduction provisions of Article 6.

ii. The placement of manufactured homes is prohibited, except in an
existing manufactured home park or subdivision. A replacement
manufactured home may be placed on a lot in an existing
manufactured home park or subdivision provided the anchoring,
elevation, and encroachment standards are met.
c. The AE or AH Zones on the FIRM accompanying the FIS shall be those
areas for which one percent (1%) annual chance flood elevations have been
provided and the floodway has not been delineated. The following
provisions shall apply within an AE or AH zone where FEMA has provided
base flood elevations:

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i.

Until a regulatory floodway is designated, no new construction,
substantial improvements, or other development (including fill) shall
be permitted within the areas of special flood hazard, designated as
Zones A1-30, AE, or AH on the FIRM, unless it is demonstrated that
the cumulative effect of the proposed development, when combined
with all other existing and anticipated development, will not increase
the water surface elevation of the base flood more than one (1) foot at
any point within Mecklenburg County.

ii. This requirement only applies along rivers, streams, and other
watercourses where FEMA has provided base flood elevations. The
requirement does not apply along lakes, bays and estuaries, or the
ocean coast.
iii. Development activities in Zones Al-30, AE, or AH on Mecklenburg
County’s FIRM which increase the water surface elevation of the base
flood by more than one foot may be allowed, provided that the
applicant first applies – with Mecklenburg County’s endorsement – for
a Conditional Letter of Map Revision, and receives the approval of the
Federal Emergency Management Agency.
d. The A Zone on the FIRM accompanying the FIS shall be those areas for
which no detailed flood profiles or elevations are provided, but the one
percent (1%) annual chance floodplain boundary has been approximated.
For these areas, the following provisions shall apply:
i.

The Approximated Floodplain District shall be that floodplain area for
which no detailed flood profiles or elevations are provided, but where
a one percent annual chance floodplain boundary has been
approximated. Such areas are shown as Zone A on the maps
accompanying the FIS. For these areas, the base flood elevations and
floodway information from Federal, Commonwealth, and other
acceptable sources shall be used, when available. Where the specific
one percent (1%) annual chance flood elevation cannot be determined
for this area using other sources of data, such as the United States
Army Corps of Engineers (USACE) Floodplain Information Reports,
United States Geological Survey (USGS) Flood-Prone Quadrangles,
etc., then the applicant for the proposed use, development, and/or
activity shall determine this base flood elevation. For development
proposed in the approximate floodplain the applicant shall use
technical methods that correctly reflect currently accepted practices,
such as point on boundary, high water marks, or detailed hydrologic

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and hydraulic analyses. Studies, analyses, computations, etc., shall be
submitted in sufficient detail to allow a thorough review by the
Floodplain Administrator.
ii. The Floodplain Administrator reserves the right to require a hydrologic
and hydraulic analysis for any development. When such base flood
elevation data is utilized, the lowest floor shall be elevated to or above
the base flood level plus eighteen (18) inches.
iii. During the permitting process, the Floodplain Administrator shall
obtain:
I.

The elevation of the lowest floor (in relation to mean sea level),
including the basement, of all new and substantially improved
structures; and

II.

If the structure has been floodproofed in accordance with the
requirements of this article, the elevation (in relation to mean sea
level) to which the structure has been floodproofed.

iv. Base flood elevation data shall be obtained from other sources or
developed using detailed methodologies comparable to those
contained in a FIS for subdivision proposals and other proposed
development proposals (including manufactured home parks and
subdivisions) that exceed fifty (50) lots or five (5) acres, whichever is
the lesser.
e. The AO Zone on the FIRM accompanying the FIS shall be those areas of
shallow flooding identified as AO on the FIRM. For these areas, the
following provisions shall apply.
i.

All new construction and substantial improvements of residential
structures shall have the lowest floor, including basement, elevated to
or above the flood depth specified on the FIRM, or above the highest
adjacent grade at least as high as the depth number specified in feet on
the FIRM. If no flood depth number is specified, the lowest floor,
including basement, shall be elevated no less than two (2) feet above
the highest adjacent grade.

ii. All new construction and substantial improvements of non-residential
structures shall:
I.

Have the lowest floor, including basement, elevated to or above
the flood depth specified on the FIRM, or above the highest
adjacent grade at least as high as the depth number specified in

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feet on the FIRM. If no flood depth number is specified, the
lowest floor, including basement, shall be elevated at least two
(2) feet above the highest adjacent grade; or
II.

Together with attendant utility and sanitary facilities be
completely floodproofed to the specified flood level so that any
space below that level is watertight with walls substantially
impermeable to the passage of water and with structural
components having the capability of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy.

iii. Adequate drainage paths around structures on slopes shall be provided
to guide floodwaters around and away from proposed structures.
2. Interpretation of District Boundaries. Initial interpretations of the boundaries of
the Floodplain Districts shall be made by the Floodplain Administrator. Should
a dispute arise concerning the boundaries of any of the Districts, the BZA shall
make the necessary determination. The person questioning or contesting the
location of the District boundary shall be given a reasonable opportunity to
present their case to the Board and to submit their own technical evidence if
they so desire.
3. Letters of Map Revision (LOMR). When development in the floodplain will
cause or causes a change in the base flood elevation, the applicant, including
agencies of the Commonwealth, shall notify FEMA by applying for a
Conditional Letter of Map Revision (CLOMR) and then a LOMR. Examples
include:
a. Any development that causes a rise in the base flood elevations within the
floodway.
b. Any development occurring in Zones A1-30 and AE without a designated
floodway, which will cause a rise of more than one (1) foot in the base
flood elevation.
c. Alteration or relocation of a stream (including but not limited to installing
culverts and bridges) per 44 Code of Federal Regulations § 65.3 and §
65.6(a)(12).
4. District Boundary or Flood Elevation Changes. The delineation of any of the
Floodplain Districts may be revised by the County where natural or man-made
changes have occurred and/or where more detailed studies have been
conducted or undertaken by the USACE or other qualified agency, or an
individual documents the need for such change. However, prior to any such

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change, approval shall be obtained from FEMA. A completed LOMR is a
record of this approval.
a. If the County’s base flood elevations increase or decrease as a result of
physical changes affecting flood conditions, as soon as practicable, but not
later than six (6) months after the date such information becomes available,
the County shall notify FEMA of the changes by submitting technical or
scientific data via a LOMR.
5. Records. Records of actions associated with administering this ordinance shall
be kept on file and maintained by or under the direction of the Floodplain
Administrator in perpetuity.
6. Penalty for Violations. Any person, firm, or corporation that fails to comply
with any requirement or provision of this Section is guilty of a violation and
subject to the penalties established by this Ordinance. The imposition of a fine
or penalty for a violation does not excuse the noncompliance or permit it to
continue. The offending party remains responsible for correcting the violation
within a reasonable time established by Mecklenburg County. All other legal
remedies are reserved by the County in addition to any fines levied, including:
a. Action in equity for proper enforcement of this Ordinance;
b. Declaring any noncompliant structure or development a public nuisance, to
be abated at the expense of the property owner; or
c. Withholding of federally backed flood insurance coverage from structures
constructed in violation of this Ordinance.
D. District Provisions.
1. Permit and Application Requirements.
a. Permit Requirements. All uses, activities, and development occurring
within any floodplain district, including placement of manufactured homes,
shall be undertaken only upon the issuance of a permit. Such development
shall be undertaken only in strict compliance with the provisions of this
Ordinance and with all other applicable codes and ordinances, as amended,
such as the Uniform Statewide Building Code (USBC) and Mecklenburg
County’s Subdivision Ordinance. Prior to the issuance of any such permit,
the Floodplain Administrator shall require all applications to include
compliance with all applicable laws of the Country and Commonwealth
and shall review all sites to assure they are reasonably safe from flooding.
Under no circumstances shall any use, activity, and/or development

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adversely affect the capacity of the channels or floodways of any
watercourse, drainage ditch, or any other drainage facility or system.
b. Site Development Plans and Permit Applications. All applications for
development within any floodplain district and all permits issued for the
floodplain shall incorporate the following information:
i.

The base flood elevation at the site.

ii. For structures to be elevated, the elevation of the lowest floor
(including basement) or, in V zones, the lowest horizontal structural
member.
iii. For structures to be floodproofed (non-residential only), the elevation
to which the structure will be floodproofed.
iv. Topographic information showing existing and proposed ground
elevations.
2. General Standards. The following provisions shall apply to all permits:
a. New construction and substantial improvements shall be built according to
this ordinance and the USBC, and anchored to prevent flotation, collapse,
or lateral movement of the structure.
b. Manufactured homes shall be anchored to prevent flotation, collapse, or
lateral movement. Methods of anchoring may include, but are not limited
to, use of over-the-top or frame ties to ground anchors. This standard shall
be in addition to and consistent with applicable state anchoring
requirements for resisting wind forces.
c. New construction and substantial improvements shall be constructed with
materials and utility equipment resistant to flood damage.
d. New construction or substantial improvements shall be constructed by
methods and practices that minimize flood damage.
e. Electrical, heating, ventilation, plumbing, air conditioning equipment, and
other service facilities, including duct work, shall be designed and/or
located so as to prevent water from entering or accumulating within the
components during conditions of flooding.
f. New and replacement water supply systems shall be designed to minimize
or eliminate infiltration of flood waters into the system.

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g. New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of flood waters into the systems and
discharges from the systems into flood waters.
h. On-site waste disposal systems shall be located and constructed to avoid
impairment to or contamination from them during flooding.
i. In addition to provisions a – h above, in all SFHAs, the additional
provisions shall apply:
i.

Prior to any proposed alteration or relocation of any channels or of any
watercourse, stream, etc., within this jurisdiction, a permit shall be
obtained from the USACE, the Virginia Department of Environmental
Quality (DEQ), and the Virginia Marine Resources Commission (a
joint permit application is available from any of these organizations).
Furthermore, in riverine areas, notification of the proposal shall be
given by the applicant to all affected adjacent jurisdictions, the
Division of Dam Safety of the Department of Conservation and
Recreation Management, other required agencies, and FEMA.

ii. The flood carrying capacity within an altered or relocated portion of
any watercourse shall be maintained.
3. Elevation and Construction Standards. In all identified flood hazard areas
where base flood elevations have been provided in the FIS or generated by a
certified professional in accordance with this Ordinance, the following
provisions shall apply:
a. Residential Constructions. New construction or substantial improvement of
any residential structure (including manufactured homes) in Zones A1-30,
AE, AH, and A with detailed base flood elevations shall have the lowest
floor, including basement, elevated to or above the base flood level plus
eighteen (18) inches. See Section 6.3-3. C.6 for requirements in the Coastal
A, VE, and V zones.
b. Non-Residential Construction.
i.

New construction or substantial improvement of any commercial,
industrial, or non-residential building (or manufactured home) shall
have the lowest floor, including basement, elevated to or above the
base flood level plus eighteen (18) inches. See Section 6.3-3. C.6 for
requirements in the Coastal A, VE, and V zones.

ii. Non-residential buildings located in all A1-30, AE, and AH zones may
be floodproofed in lieu of being elevated provided that all areas of the

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building components below the elevation corresponding to the BFE
plus (2) feet are watertight with walls substantially impermeable to the
passage of water, and use structural components having the capability
of resisting hydrostatic and hydrodynamic loads and the effect of
buoyancy. A registered professional engineer or architect shall certify
that the standards of this subsection are satisfied. Such certification,
including the specific elevation (in relation to mean sea level) to which
such structures are floodproofed, shall be maintained by the Floodplain
Administrator.
c. Space Below the Lowest Floor. In zones A, AE, AH, AO, and A1-A30,
fully enclosed areas, of new construction or substantially improved
structures, which are below the regulatory flood protection elevation shall:
i.

Not be designed or used for human habitation, but shall be used solely
for parking vehicles, building access, or limited storage of
maintenance equipment used in connection with the premises. Access
to the enclosed area shall be the minimum necessary to allow for
parking of vehicles (garage door) or limited storage of maintenance
equipment (standard exterior door), or entry to the living area
(stairway or elevator).

ii. Be constructed entirely of flood resistant materials below the
regulatory flood protection elevation;
iii. Include measures to automatically equalize hydrostatic flood forces on
walls by allowing for the entry and exit of floodwaters. To meet this
requirement, the openings shall either be certified by a professional
engineer or architect or meet the following minimum design criteria:
I.

Provide a minimum of two (2) openings on different sides of
each enclosed area subject to flooding.

II.

The total net area of all openings shall be at least one (1) square
inch for each square foot of enclosed area subject to flooding.

III.

If a building has more than one (1) enclosed area, each area shall
have openings to allow floodwaters to automatically enter and
exit.

IV.

The bottom of all required openings shall be no higher than one
(1) foot above the adjacent grade.

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V.

Openings may be equipped with screens, louvers, or other
opening coverings or devices, provided they permit the
automatic flow of floodwaters in both directions.

VI.

Foundation enclosures made of flexible skirting are not
considered enclosures for regulatory purposes, and, therefore, do
not require openings. Masonry or wood underpinning, regardless
of structural status, is considered an enclosure and requires
openings as outlined above.

d. Accessory Structures. Accessory structures in a SFHA shall comply with
the elevation requirements and other requirements of Section 6.3-3 D.3.c.
or, if not elevated or dry floodproofed, shall:
i.

Not be used for human habitation;

ii. Be limited to no more than six hundred (600) square feet in total floor
area;
iii. Be useable only for parking of vehicles or limited storage;
iv. Be constructed with flood damage-resistant materials below the base
flood elevation;
v.

Be constructed and placed to offer the minimum resistance to the flow
of floodwaters;

vi. Be anchored to prevent flotation;
vii. Have electrical service and mechanical equipment elevated to or above
the base flood elevation;
viii. Shall be provided with flood openings which shall meet the following
criteria:
I.

There shall be a minimum of two (2) flood openings on different
sides of each enclosed area; if a building has more than one (1)
enclosure below the lowest floor, each such enclosure shall have
flood openings on exterior walls.

II.

The total net area of all flood openings shall be at least one (1)
square inch for each square foot of enclosed area (nonengineered flood openings), or the flood openings shall be
engineered flood openings that are designed and certified by a
licensed professional engineer to automatically allow entry and
exit of floodwaters; the certification requirement may be

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satisfied by an individual certification or an Evaluation Report
issued by the ICC Evaluation Service, Inc.
III.

The bottom of each flood opening shall be one (1) foot or less
above the higher of the interior floor or grade, or the exterior
grade, immediately below the opening.

IV.

Any louvers, screens, or other covers for the flood openings
shall allow the automatic flow of floodwaters into and out of the
enclosed area.

ix. A signed Declaration of Land Restriction (Non-Conversion
Agreement) shall be recorded on the property deed.
e. Standards for Manufactured Homes and Recreational Vehicles.
i.

In zones A, AE, AH, and AO, all manufactured homes placed, or
substantially improved, on individual lots or parcels, shall meet all the
requirements for new construction, including elevation and anchoring
requirements.

ii. All recreational vehicles placed on sites shall either:
I.

Be on the site for fewer than one hundred eighty (180)
consecutive days and be fully licensed and ready for highway
use. A recreational vehicle is ready for highway use if it is on its
wheels or jacking system, is attached to the site only by quick
disconnect type utilities and security devices and has no
permanently attached additions; or

II.

Meet all the requirements for manufactured homes in Section
7.1-20, Manufactures Homes.

4. Standards for Subdivision Proposals.
a. All subdivision proposals shall be consistent with the need to minimize
flood damage;
b. All subdivision proposals shall have public utilities and facilities such as
sewer, gas, electrical, and water systems located and constructed to
minimize flood damage;
c. All subdivision proposals shall have adequate drainage provided to reduce
exposure to flood hazards; , and
d. Base flood elevation data shall be obtained from other sources or
developed using detailed methodologies, hydraulic and hydrologic

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analysis, comparable to those contained in a FIS for subdivision proposals
and other proposed development proposals (including manufactured home
parks and subdivisions) that exceed fifty (50) lots or five (5) acres,
whichever is the lesser.
5. Standards for Existing Structures. Any structure or use of a structure or
premises shall be brought into conformity with the provisions of this section
when it is changed, repaired, or improved unless one of the following
exceptions is established before the change is made:
a. The Floodplain Administrator has determined that:
i.

Change is not a substantial repair or improvement AND

ii. No new square footage is being built in the floodplain that is not
compliant AND
iii. No new square footage is being built in the floodway AND
iv. The change complies with this ordinance and the USBC.
b. The changes are required to comply with a citation for a health or safety
violation.
c. The structure is a historic structure and the change required would impair
the historic nature of the structure.
E. Variances.
1. Factors to be Considered [44 CFR 60.6]. Variances shall be issued only upon:
a. A showing of good and sufficient cause;
b. After the BZA has determined that failure to grant the variance would
result in exceptional hardship to the applicant; and
c. After the BZA has determined that the granting of such variance will not
result in:
i.

Unacceptable or prohibited increases in flood heights;

ii. Additional threats to public safety; or
iii. Extraordinary public expense; and will not
I.

Create nuisances;

II.

Cause fraud or victimization of the public; or

III.

Conflict with local laws or ordinances.

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2. While the granting of variances generally is limited to a lot size less than onehalf (0.5) acre, deviations from that limitation may occur. However, as the lot
size increases beyond one-half (0.5) acre, the technical justification required
for issuing a variance increases. Variances may be issued by the BZA for new
construction and substantial improvements to be erected on a lot of one-half
(0.5) acre or less in size contiguous to and surrounded by lots with existing
structures constructed below the base flood level, in conformance with the
provisions of this Section.
3. Variances may be issued for new construction and substantial improvements
and for other development necessary for the conduct of a functionally
dependent use provided that the criteria of this Section are met, and the
structure or other development is protected by methods that minimize flood
damages during the base flood and create no additional threats to public safety.
4. In passing upon applications for variances, the BZA shall satisfy all relevant
factors and procedures specified in other sections of this Ordinance and
consider the following additional factors:
a. The danger to life and property due to increased flood heights or velocities
caused by encroachments. No variance shall be granted for any proposed
use, development, or activity within any Floodplain District that will cause
any increase in the one percent (1%) chance flood elevation;
b. The danger that materials may be swept on to other lands or downstream to
the injury of others;
c. The proposed water supply and sanitation systems and the ability of these
systems to prevent disease, contamination, and unsanitary conditions;
d. The susceptibility of the proposed facility and its contents to flood damage
and the effect of such damage on the individual owners;
e. The importance of the services provided by the proposed facility to the
community;
f. The requirements of the facility for a waterfront location;
g. The availability of alternative locations not subject to flooding for the
proposed use;
h. The compatibility of the proposed use with existing development and
development anticipated in the foreseeable future;
i. The relationship of the proposed use to the Comprehensive Plan and
floodplain management program for the County;

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j. The safety of access by ordinary and emergency vehicles to the property in
time of flood;
k. The expected heights, velocity, duration, rate of rise, and sediment
transport of the floodwaters expected at the site;
l. The historic nature of a structure. Variances for repair or rehabilitation of
historic structures may be granted upon a determination that the proposed
repair or rehabilitation will not preclude the structure's continued
designation as a historic structure and the variance is the minimum
necessary to preserve the historic character and design of the structure; and
m. Such other factors which are relevant to the purposes of this Ordinance.
n. No variance shall be granted for an accessory structure exceeding six
hundred (600) square feet.
5. The BZA may refer any application and accompanying documentation
pertaining to any request for a variance to any engineer or other qualified
person or agency for technical assistance in evaluating the proposed project in
relation to flood heights and velocities, and the adequacy of the plans for flood
protection and other related matters.
6. Variances shall be issued only after the BZA has determined that the granting
of such will not result in:
a. Unacceptable or prohibited increases in flood heights;
b. Additional threats to public safety;
c. Extraordinary public expense; and will not
i.

Create nuisances;

ii. Cause fraud or victimization of the public; or
iii. Conflict with local laws or ordinances.
d. Variances shall be issued only after the BZA has determined that the
variance will be the minimum required to provide relief.
7. The BZA shall notify the applicant for a variance, in writing, if the issuance of
a variance to construct a structure below the one percent (1%) chance flood
elevation would:
a. Increase the risks to life and property; and
b. Result in increased premium rates for flood insurance.

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8. A record shall be maintained of the above notification as well as all variance
actions, including justification for the issuance of each variance. Any variances
that are issued shall be noted in the annual or biennial report submitted to the
Federal Insurance Administrator.
6.4 Table of Permitted Uses.
6.4-1 Organization.
A. Use Table. The Use Table organizes permitted uses by use zoning district, use
categories, and use types. The Use Table, Article 7, Community Design Standards,
and Article 8, Definitions, of this Ordinance, together provide a systemic basis for
identifying and organizing uses and distinguishing unidentified uses to determine
whether a particular use is allowable in a particular zoning district.
1. Use Classifications. Use classifications identify broad general classifications of
land use and include residential; commercial; public, institutional, and
community; utility and accessory; agricultural and forestal; and industrial uses.
2. Use Types. The specific uses types identify the specific principal uses that fall
within each use classification.
B. If a use’s definition states that a particular use is permitted as accessory to another
use, a second zoning permit is not required for that accessory use.
6.4-2 Abbreviations in Use Table.
A. Permitted Uses. “P” in a Use Table cell indicates that the use type in that row is
allowed by-right in the zoning district at the head of that column.
1. “P*” indicates that a use type is permitted in the zoning district at the head of
the column subject to the supplemental use standards in Section 7.1,
Supplemental Standards for Specific Uses and Structures of this Ordinance.
B. Special Exception Uses. “SE” in a Use Table cell indicates that the use type in that
row is allowed in the zoning district at the head of the column only upon approval
of a special exception permit, in accordance with Section 3.7, Special Exception
Permits, and subject to any supplemental use standards in Article 7, Community
Design Standards of this Ordinance.
C. Prohibited Uses. Blank cells in the Use Table indicate that the use type in that row
is prohibited in the zoning district at the head of that column.
6.4-3 Uses Not Provided.
A. Uses Not Listed. Any use that is not specifically listed as a permitted use or a
special exception use is prohibited.

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B. Zoning Administrator Determination. The Zoning Administrator will determine
whether an unlisted use is part of an existing use category or use type as defined in
Article 8, Definitions, of this Ordinance. Upon determining the most similar use
type, the Zoning Administrator will treat the proposed use the same as the most
similar use.
C. Dissimilar Uses. If the Zoning Administrator determines that the proposed use is
not similar to any listed use type, that use is prohibited.
6.4-4 Use Table.
Use
Residential
Dwelling, single-family
Dwelling, two-family
Dwelling, triplex
Dwelling, attached (townhouse)
Dwelling, multi-family (up to 8 units)
Dwelling, multi-family (8+ units)
Dwelling, accessory
Manufactured homes
Manufactured home parks
Residential development, multiple dwellings
(2 dwellings on a single lot)
Residential development, multiple dwellings
(3 or more dwellings on a single lot)
Temporary living quarters (TLQ) (one TLQ)
Temporary living quarters (TLQ) (two or
more)
Live-work housing
Assisted living facility
Group home (up to 8 residents)
Group home (8 or more residents)
Nursing home
Temporary family health care structure
Commercial
Adult entertainment
Automobile service and repair
Automobile sales lot
Boat / RV / large vehicle storage
Bed and breakfast
Business support services

A-1

A-C

R-1

R-2

R-3

PUD

MU1

P
P*

P

P
P*

P
P
P*
P
P*

P*
P*
P*
P*

P*
P*
P*

P*
P*
SE
P*

P*
P*
P*
P*

P
P
P*
P
P*
P
P*
P*
P*
P*

P
P
P
P
P
P
P*
P*
SE
P*

P
P
P
P
P
P
P*
P*
SE
P*

SE

SE

SE

SE

SE

SE

SE

SE

P*
SE

P*
SE

P*
SE

P*
SE

P*
SE

P*
SE

P*
SE

P*
SE

P*
P
P
SE
SE
P

P*
P
P
P
P
P

P*

R-3

PUD

P*
P
P
P
P
P
MU1
SE
P*
SE
P
P
P

P

P

P

P*
SE
P
SE
SE
P

A-1

A-C

R-1

R-2

P

SE
SE
P*

P*

P*

P

P

SE
P
P

M-1

M-1
SE
P
SE
P
P

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Camp
Campgrounds
Cannabis Retail Store
Convention center
Daycare, in-home (less than 5 children)
Daycare, in-home (5-12 children)
Daycare center (6+ children)
Eating and drinking establishment
Event venue
Farm-based food service
Financial institution
Food truck
Fueling station
Grocery store
Hotel / motel
Kennel / veterinary clinic
Laundry services, public
Marina or commercial dock (10 or more
slips)
Office, general
Office, industrial
Personal service establishment
Retail stores and shops
Shooting range, indoor
Shooting range, outdoor
Public, Institutional, and Community
Facilities
Animal shelter
Cemetery
Community center
Correctional facility
Emergency services facility
Funeral home
Hospital
Library
Office, government
Office, medical or dental
Place of worship
Public use
Recreation, passive
Recreational facility, indoor
Recreational facility, outdoor
School, college / university

SE
SE

P
P*
SE
SE
P*

P

P
P*

P
P*
SE

P*
P*
P*
SE
P
P
P*
P
SE

P*
SE
P
P
P*
P
SE

SE*

P
P*
P*
P
P
P*
P
SE*

P
P*
P
P
P
P*
P
SE*

P

P

P

SE

P
P

P
P
SE

P
P
SE
SE

P*
SE

P*
SE*

SE*

SE*

SE

SE

A-1

A-C

R-1

R-2

R-3

PUD

SE

P
P

P
P

P
P

P
P

P

P

P

P

P

SE
SE

SE
SE
SE
P
P
P
SE
P*

P
SE
SE
P
P
P
SE
P*

SE
P
P
P
P
P
P
P
P*

SE
SE
P
P
P
SE
P*

P*
P
SE

SE

P*
SE

P*
P
SE
SE
P
SE

P*
SE

SE
P
P
SE

P
P
P
SE
P*

MU1
SE
P
P
SE
P
P
P
P
P
P
P
P
P
P
P*
SE

P*
P
P
P*
P
SE*
P
P
P
P
P*
SE
M-1
P
P
P
SE
P
P

SE
P
P
P
P
P
P*
SE

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School, elementary / secondary

SE

SE

SE

SE

P

A-C

R-1

R-2

R-3

PUD

P
SE
P*

P

P

P

P

P

P
MU1
P

Utility and Accessory Uses

A-1

Accessory use or structure
Airport
Temporary construction facility
Drive-up facility
Home occupation
Outdoor display area
Outdoor storage area
Private dock or boathouse
Solar facility, accessory
Solar facility, shared
Solar facility, utility-scale
Special events
Telecommunications tower
Utility services, major
Utility services, minor
Zero emissions vehicle charging station

P*

P*

P*

P*

P*
SE
P*
P*
P*
SE
SE
P*
P*
P*
P*
P*

P*

P*

P*

P*

P*
P
P*
P
P*
P*
P*
SE

P*
P
P*
P
P*
P*
P*
P*
P*
SE
P*
P*
P*
MU1

Agricultural and Forestal

P*
P*
P*
SE

P*
P*
SE

P*
P*
SE

P*
P*
SE

P*

SE

SE

SE

P*
P*
P*

P*
P*
P*

P*
P*
P*

P*
P*
P*

P*
SE
P*
P*
P*

A-1

A-C

R-1

R-2

R-3

PUD

Commercial pork / beef processing and sales
Crop production
Dairy
Farm employee housing
Farm machinery sales and service
Farmers' market
Fill and borrow site
Greenhouse/nursery
Livestock and poultry operations
Personal agriculture
Silviculture/forestry
Slaughterhouse
Small-scale agricultural processing
Stable, commercial
Stable, private
Winery/brewery/distillery, farm

SE
P
P*
P
P*
P*
SE
P
P*
P
P
SE
P
P*
P
P*

SE
P
P*
P

P
P*
P
P
SE
P
P*
P
P*

Industrial Uses

A-1

A-C

Brewery/distillery, industrial
Cannabis Wholesale and Distribution
Facility
Convenience center

P*

P

P*

P
P*

P

P

P

P

R-2

R-3

PUD

MU1

M-1
P
SE
P*
P
P
P*
P*
P*
P*
SE
P*
P*
P*
P*
P*
M-1

P
P
SE

P*
R-1

M-1
P
SE

P*

P

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Data center
Dry cleaning plant
Energy storage facility
Hazardous materials storage
Heavy equipment sales and service
Junkyard
Laboratory / research and development
facility
Manufacturing, heavy
Manufacturing, light
Materials recovery facility
Mini warehouse
Petroleum storage
Power Station
Recycling processing center
Rendering plants
Sawmills, temporary or permanent; planing
mills; wood yards
Solid waste facility/landfill
Warehousing and distribution

SE
SE*
SE

SE

SE

SE

SE

SE

SE

SE
P
SE*
SE
P
P
P
P
P
P
P
SE
SE
P
SE
P
SE
P

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ARTICLE 7 – COMMUNITY DESIGN STANDARDS
7.1 Supplemental Standards for Specific Uses and Structures.
7.1-1 Accessory Dwelling Units (ADUs).
A. Standards for ADUs. ADUs are subject to all applicable district regulations of this
chapter, the issuance of a zoning permit and the following additional restrictions.
1. Accessory dwellings are permitted in accordance with the use table in Section
6.4-4, Use Table, provided that:
a. One (1) of the units on a property shall be owned by the lot owner.
b. One (1) off street parking place shall be required for each unit on the lot.
c. The ADU shall be equipped with a kitchen and sanitation and sleeping
areas
d. A manufactured home is only allowable as an ADU on a lot of at least two
(2) acres.
2. ADUs can be of several types:
a. Attached or internal to the primary residential structure;
b. A separate freestanding structure; or
c. Part of an existing freestanding non-dwelling accessory structure that is
permitted in the zoning district.
B. Location and Size. ADUs shall comply with all applicable building code standards
and the zoning standards for the lot except that:
1. An ADU shall be located behind the front building line of the principal
structure;
2. For attached or internal ADUs, the floor area of the ADU shall not exceed forty
percent (40%) of the finished floor area of a principal residential use to which
it is associated; and
3. For detached ADUs in separate freestanding structures, the floor area of the
ADU shall not exceed fifty percent (50%) of the finished floor area of a
principal residential use to which it is associated.
C. Tiny Houses. For units of four hundred (400) square feet or less in gross floor area
(excluding lofts), the construction may utilize the alternative standards set forth in
the Uniform Statewide Building Code (USBC), Appendix Q (Tiny Houses), as
amended.

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D. Height. ADUs may not exceed the height of the main building.
E. Access. ADUs shall be accessed by the same entrance as the principal dwelling,
unless it is accessed from a public right-of-way not used by the principal use (e.g.,
a rear alley or separate street access on a corner or through lot).
7.1-2 Adult Entertainment.
A. Setbacks. The goal of this section is to allow adult entertainment facilities with a
special exception permit in the Mixed Use (MU) and Industrial (M-1) zoning
districts with the following setback requirements:
1. A minimum of three hundred (300) feet from any property with a residential
structure or residentially zoned property; however, a greater setback may be
required if circumstances necessitate an additional setback distance;
2. A minimum of one thousand (1,000) feet from any property owned by a place
of worship, or on which a place of worship has been constructed; public or
private school; or another adult entertainment establishment; however, a
greater setback may be required if circumstances necessitate an additional
setback distance.
B. Signs.
1. Maximum Number of Signs. There shall be no more than one (1) on-site sign
which can be seen from any public right-of-way and which advertises the adult
entertainment. The sign shall not exceed thirty-two (32) square feet in area and
shall be attached to the building.
2. Sign Content. The sign shall display only alphanumeric characters and
symbols, and shall not display pictures, silhouettes, or other representations of
a human body or part thereof.
3. Prior Sign Approval Required. The proposed content, shape, size, and location
of the proposed sign shall be included in the requisite preliminary site
development plan, and approval thereof shall be secured from the Board of
Supervisors as part of the special exception permit, before any such sign may
be put in place.
C. Lighting.
1. Lighting of the area immediately adjacent to the building, and of the parking
lot, shall be installed in accordance with Section 7.6, Lighting.
7.1-3 Animal Shelter, Kennel, or Veterinary Clinic.

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A. Setbacks. Except where animals are confined in soundproofed, air-conditioned
buildings, no structure or area occupied by animals shall be located within:
1. One hundred (100) feet from any adjoining agricultural zoned lot line;
2. Two hundred (200) feet from any residential lot line; or
3. Two hundred (200) feet from any dwelling not on the associated parcel.
B. Screening. Screening shall be provided for non-soundproof animal confinements
in accordance with Section 7.4, Landscaping and Screening.
C. Hours of Operation. In all cases, animals shall be confined in an enclosed building
from 10:00 p.m. to 6:00 a.m.
D. Kennel Standards. Kennels shall be maintained in a sanitary and humane condition
in accordance with § 3.2-6503 et seq. of the Code of Virginia, as amended. The
Zoning Administrator may require proof of compliance with state standards as a
condition of continued operation.
7.1-4 Bed and Breakfast.
A. Applicability. These regulations apply in the Agriculture (AG) and Residential-1
(R-1) zoning districts.
B. Design and Operational Standards.
1. Only one (1) bed and breakfast and its related and accessory uses are permitted
on a lot.
2. The owner or operator shall reside on the premises, on the same parcel or on a
contiguous parcel under the same ownership. They shall provide full-time
management of the establishment at all times when the facility is occupied by
one (1) or more guests.
3. The establishment shall not contain restaurant facilities but may provide food
service for overnight guests only.
4. If serving food, the establishment shall meet all food service requirements for
the Virginia Department of Health as outlined in 12 VAC 5-421 et seq., as
amended.
5. The establishment shall meet all requirements for fire safety as outlined in the
Virginia State Fire Prevention Code.
6. Up to eight (8) guest rooms may be provided for paying guests which may be
located within a single dwelling or distributed across multiple dwellings and

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accessory buildings, provided all structures are conforming uses and comply
with applicable building codes.
7. Outdoor events such as weddings, receptions, and similar activities may be
conducted for compensation subject to the standards for Special Events in
Section 3.3-2 Temporary Uses.
8. Outdoor music is not permitted between the hours of 10:00 p.m. and 8 a.m.
9. The establishment shall be located on a public road and shall have safe access
from said public road.
10. Only two (2) points of access are permitted for a bed and breakfast.
11. Parking shall be set back a minimum of forty (40) feet from all property lines.
7.1-5 Camps and Campgrounds.
A. Adoption of Statutory Provisions. The provisions of Title 35.1 of the Code of
Virginia related to summer camps and campgrounds, (12 VAC 5-440 and 12 VAC
5-450) are incorporated by reference into this section, except where inapplicable.
Violations of these provisions shall be unlawful and penalties shall not exceed
those provided for similar offenses under Code of Virginia.
B. Where Permitted. Camps and Campgrounds may be allowed by special exception
permit only in the Agriculture (A-1) district. Camps and Campgrounds shall be
prohibited in all other zoning districts.
C. Application Requirements. A Special Exception Permit application for camp or
campground shall contain:
1. The name and address of the person applying to be the permit holder, and a
designation of whether that person is the owner or intended operator of the
campground. Proof of land ownership and/or lease is also required.
2. A narrative that, at a minimum, identifies the applicant and/or operator, owner
of the proposed project site, a history of the owner(s), applicant(s), and/or
operator(s)’s campground experience, including, but not limited to, a list of all
campgrounds currently owned or being operated as well as those previously
owned or operated; any legal challenges, claims, or regulatory violations in
which the owner(s), applicant(s), and/or operator(s) were named or identified;
and the name of any proposed entity under which they intend to operate, if
different.
3. A property management plan demonstrating how the proposed camp or
campground will be managed and how the impact on neighboring properties

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will be minimized. A copy of the proposed rules and the proposed evacuation
plan shall be included.
4. A conceptual site plan, at a minimum scale of one (1) inch to fifty (50) feet, for
the proposed campground which shall include:
a. The proposed location, boundaries, and dimensions of the project;
b. The proposed number, location, and dimensions of all campsites. The site
development plan shall also show the proposed setbacks from all campsites
to each property line.
c. The proposed types and locations of all camping units. The site
development plan shall also show the proposed setbacks from all camping
units to each property line.
d. The proposed source and location of the water supply and sewage disposal
system.
e. The proposed number, description, and location of proposed sanitary
facilities and dump stations, sewer lines, etc.
f. The proposed location of waste containers and method of trash disposal.
g. The proposed location and description of all interior roads to include width
and surface type.
h. The proposed number, description, and location of proposed motor vehicle
parking spaces and/or parking areas.
i. The proposed description and location of all buildings and/or structures,
including, but not limited to, offices, recreational facilities, convenience
stores, gift shops, service buildings, maintenance buildings, storage
buildings, etc., and open area and/or recreational areas, as well as the
location of any existing buildings or structures.
j. The proposed description and location of all open space areas and site
landscaping, including required perimeter landscaping buffer.
k. Such other pertinent information as the Zoning Administrator may deem
necessary.
D. Site Development Plan Required. Camps and campgrounds shall require a site
development plan in accordance with the requirements of Section 3.6. Before a site
development plan is approved for camps or campgrounds, plans must be reviewed
and approved by the County Planning and Zoning, Emergency Services, Building
Department, the Virginia Department of Transportation, and the Mecklenburg

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County Health Department. The approvals should consider all relevant provisions
and any special conditions set by the Planning Commission and Board of
Supervisors, ensuring compliance with applicable sections of the Code of Virginia.
E. Camp and Campground Design Standards.
1. No Camp or Campground shall be less than five (5) contiguous acres.
2. A minimum of thirty percent (30%) of the entire camp or campground site
shall be open space and/or recreation area.
3. A Type B buffer as detailed in Section 7.4, Landscaping and Screening shall be
provided around the perimeter of a camp or campground property. The buffer
may consist of existing vegetation if vegetation is comprised of mature trees or
forest.
4. Exposed ground surfaces in all parts of a campground shall be paved or
covered with crushed stone or gravel or protected with a vegetative or other
natural growth that is capable of preventing soil erosion and eliminating
objectionable dust.
5. Recreational facilities such as miniature golf, swimming pools, picnic grounds
and/or picnic shelters, dog parks, playgrounds, horseshoe pits, basketball,
volleyball, and tennis courts, and fishing ponds are considered accessory uses
in a camp or campground. Other recreational facilities proposed beyond those
listed shall be considered in accordance with the requirements of this
Ordinance.
6. Any lighting shall conform to the requirements of Section 7.6, Lighting.
7. Perimeter fencing is desired. Where perimeter fencing is not provided, a sign
shall be posted every twenty-five (25) feet which states “NO CAMPERS
BEYOND THIS POINT” in a minimum size of two-inch letters. The signs
shall be posted on the property line of the campground. All fencing shall
conform with the standards for fencing in Section 7.4-2, Walls and Fences of
this Ordinance.
8. A proper method of waste and trash disposal is required. The location of waste
and trash containers within the campground shall be made available for guests
and visitors, shall clearly be identified on site and orderly maintained, and shall
be constructed in a manner that is animal proof. It shall be the responsibility of
the campground owner or operator to dispose of all waste and trash off-site at a
sanitary landfill permitted by the Department of Environmental Quality. If the
owner or operator utilizes a contracted service for disposal, they shall inform
the County and provide a copy of such contract to the Zoning Administrator.

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9. Provisions for outdoor cooking, campfires, bonfires, and fire pits shall be
subject to approval of the Mecklenburg County Emergency Services
Department.
10. Sanitary facilities shall be provided in accordance with Virginia Department of
Health standards set forth in the Virginia Administrative Code 12VAC5-610980, as amended.
11. Entrances and Access.
a. Except as stated below, no camp or campground shall be permitted without
direct access to a public street maintained by VDOT with appropriate
frontage thereon to permit appropriate design of entrances and exits. No
entrance and exit from a campground shall be permitted through a
residential zone.
b. If the proposed camp or campground parcel does not adjoin a public street,
a fifty-foot deeded right-of-way, with appropriate frontage at the public
street to permit appropriate design of entrances and exits, shall be obtained
to provide access to the parcel. Road condition, maintenance
responsibilities, and the rights of the tenants shall be considered in the
special exception permit.
c. Entrances and exits to camps and campgrounds shall be designed for safe
and convenient movement of traffic into and out of the site. All traffic into
or out of the campground shall be through such entrances and exits. All
entrances and exits onto public roads shall meet VDOT requirements.
d. Interior travel ways shall be as stated in Section 7.2, Streets and
Travelways, Shared Access.
e. Parking requirements shall be as stated in Section 7.3, Off Street Parking
and Loading.
F. Standards for Camps
1. An on-site operator, contracted service, or employee shall be provided for
camps providing overnight facilities.
2. No camp facility shall not be used as a permanent residence or business
establishment, except that a permanent residence may be occupied by the
owner or operator(s).
3. Camp employees may reside at the camp for the duration of a seasonal camp.

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4. Occupancy for campers or visitors shall not exceed one hundred eighty
(30180) days within any rolling twelve (12) month period.
5. Multiple structures such as cabins, lodges, gyms, and dining facilities may be
constructed on the property, provided that all structures comply with the
setback requirements for a principal structure from adjoining property lines.
6. All structures shall comply with all applicable requirements of the Virginia
Department of Health and the Virginia Uniform Statewide Building Code.
7. Any structure intended for occupancy shall provide emergency vehicle access
and fire and safety measures to the extent permissible under the VA
Administrative Code 13VAC5-63-20 and VA Administrative Code 13VAC563-200.
8. All food items shall be prepared in accordance with applicable federal, state,
and local regulations.
G. Standards for Campgrounds.
1. Only camping units as defined in Article 8, Definitions, shall be allowed and
no camping unit shall be used as a permanent residence or business
establishment, except that one (1) permanent residence shall be allowed in a
campground, which shall only be occupied by the owner or operator.
2. Camping units shall remain mobile and are prohibited from incorporating
permanent structures, including decks or porches.
3. Occupancy within a campground by any person or entity other than the
campground operator shall not exceed one hundred eighty (180) days within
any rolling twelve (12) month period.An on-site operator, contracted service,
or employee shall be provided for campgrounds with five (5) or more
campsites. For four (4) or fewer campsites without an on-site operator,
contracted service, or employee, a point of contact for the campground shall be
designated and emergency contact information shall be provided and posted
conspicuously at the campground.
4. Campground Size and Density Standards.
a. The average number of campsites per developed acre shall not exceed ten
(10).
b. Campgrounds with a total land area of less than twenty-five (25) acres shall
not exceed one hundred (100) campsites.
c. For campgrounds exceeding twenty-five 25 acres in total land area, the
Board may approve a higher number of campsites via the Special

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Exception process. To qualify for such an increase, the applicant must
demonstrate the following:
i. The property must be located on and accessed by a paved road.
ii. Potable water and well capacity must be sufficient to meet the peak
demands of the expanded facility.
iii. Sewage disposal and restroom facilities must be adequately sized to
support the additional capacity.
iv. The site must provide sufficient ingress, egress, and internal
circulation to accommodate emergency response vehicles and public
safety requirements.
5. Campsite Design Standards.
a. Each campsite (including parking space) shall be a minimum of 2,000
square feet of space and shall not be less than twenty-five (25) feet wide at
its narrowest point.
b. Each campsite shall be identified by a number and section. Camping units
within a campground shall be required to be located within the designated
campsites.
6. The area, density, and design standards of this Ordinance shall not apply to
campgrounds owned and operated by the Commonwealth of Virginia or the
agencies of the United States government. Such facilities are exempt from
local land use regulations, provided they comply with all applicable state and
federal health, safety, and environmental requirements.
7.1-6 Cannabis Retail Sales
A. Location and Buffer Requirements. Pursuant to the § 4.1-600 et seq. of the Code of
Virginia, the following minimum separation requirements are established for
cannabis retail sales:
1. No retail cannabis store or cannabis microbusiness shall be located within
1,000 feet of schools, child care centers, playgrounds, places of worship.
B. Method of Measurement. For the purposes of this Section, the 1,000-foot buffer
shall be measured in a straight line from the nearest property line of the parcel
containing the retail cannabis establishment to the nearest property line of the
parcel containing the protected use.
7.1-7 Convenience Centers.
A. Location. The County shall operate a solid waste collection system consisting of
convenience centers strategically located throughout the County.

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B. Maintenance. The County shall be responsible for maintaining all convenience
center sites. Equipment shall be maintained in good working order. These centers
shall be fenced in accordance with Section 7.4-2, Walls and Fences, to assure the
efficient and clean operation of the disposal site in addition to deterring illegal
dumping.
C. Regulations.
1. All convenience centers shall be public uses, owned and operated by the
County.
2. Convenience center sites shall be landscaped and buffered from surrounding
uses in accordance with Section 7.4 Landscaping and Screening.
3. Convenience centers are designed for the sole collection of household waste
and recyclables from the residents and visitors of the County. No waste
generated outside of the County shall be deposited at any convenience center
site except under a shared arrangement with a neighboring locality.
4. No person shall place any household or other material on the top of or around a
collection container or compactor.
5. No person shall place building materials, tires, furniture or other large items,
yard waste, infectious materials, explosives, or dead animals in a collection
container or compactor, except for any such container or compactor that is
clearly marked for any of the foregoing materials.
6. No person who is not employed by Mecklenburg County shall tamper with or
move a collection container or compactor from its placement site.
7. No person shall mutilate, vandalize, or otherwise damage a collection
container or compactor or incinerate trash at a convenience center site.
D. Hours of Operation. Standard convenience centers will be from 6:30 a.m. to 8:00
p.m. Monday through Saturday and from 1:00 p.m. to 6:00 p.m. on Sundays;
provided that during winter, convenience centers shall close at 7:00 p.m. Monday
through Saturday. Specific operating hour adjustments to this schedule may be
determined on an as needed basis by the County’s Landfill Department in
conjunction with County Administration.
7.1-8 Data Center
A. Applicability. The standards of this Section apply to all data center facilities and
their accessory uses, whether located on a single parcel or developed as a campus
across multiple parcels.

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B. General Compliance and Performance Standards. Data center facilities shall be
designed, constructed, maintained, and operated in strict accordance with all
applicable federal and state laws, the Virginia Uniform Statewide Building Code
(VUSBC), and all applicable provisions of the Mecklenburg County Code of
Ordinances.
C. Site Design and Layout Standards. All Data Center sites shall comply with the
following site design and layout standards.
1. Screening of Electrical Substations and Mechanical Equipment shall be
provided in accordance with Section 7.4 Landscaping and Screening.
2. Transitional Buffers.
a. In addition to requirements in Section 7.4-1. G, Transitional Buffers all
data center sites shall be buffered from:
i.

Public roadways,

ii. Natural and managed resource areas: Any property designated as a
natural area, public park, or wildlife management area, as well as any
parcel primarily characterized by existing forestland or utilized for
silviculture and timberland production.
b. A Buffer Type C (as defined in Section 7.4-1. G) shall be the minimum
required screening width and density between any data center facility and
the uses or districts listed in subsection (a) above. The preservation of
existing healthy vegetation or newly installed landscaping shall be the
primary methods of buffering.
c. Structural screening elements, such as walls or fences, and/or earthen
berms shall only be utilized as a supplement to, and not a replacement for,
these landscaping requirements.
d. Modifications to the required transitional buffers may be approved by the
Zoning Administrator only in accordance with the procedures and criteria
set forth in Section 7.4, Landscaping and Screening.
3. Fencing Standards.
a. Prohibited Materials. Fencing located along or visible from any public or
private street shall be subject to the following restrictions:
i.

Chain-Link Fencing: The use of chain-link fencing, including versions
with slatted inserts or vinyl coatings, is prohibited.

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ii. Deterrent Devices: Fencing shall not utilize barbed wire, razor wire, or
other similarly intrusive security or deterrence devices visible from the
public right-of-way or adjacent residential properties.
b. Placement and Environmental Protection.
i.

Buffer Integration: Fencing shall be located on only one side of any
required transitional buffer to ensure a continuous, cohesive landscape
area.

ii. Vegetation Preservation: The installation of fencing shall be conducted
in a manner that does not disrupt, damage, or require the removal of
existing vegetation intended to be preserved within a required buffer or
open space area.
D. Noise Standards.
1. The noise generated by all activities associated with any data center
development shall not exceed 70 dBA as measured at the property line shared
with non-datacenter uses. The maximum sound level in this section does not
apply to:
a. Construction or demolition work on buildings, structures, or
appurtenances.
b. Any situation arising from sudden and reasonably unforeseen events
(beyond the control of the facility operator) that require the response of
emergency vehicles or temporary use of emergency generators.
c. Generator testing conducted between 10:00 a.m. and 4:00 p.m. unless
testing at a time outside of this range is required by the Department of
Environmental Quality or is essential for maintenance, in which case prior
notice shall be provided to the County.
d. One-time commissioning of the generators.
e. Temporary safety or security alarms.
2. Noise mitigation. All generators shall be housed in sound-attenuating
enclosures to reduce noise emissions or other sound mitigation measures
approved by the Zoning Administrator.
3. Noise monitoring.
a. Where a complaint involves an immediate or acute noise con