On the agenda: Palmyra ZTA Amendments — data center (Oct 13)

COUNTY OF FLUVANNA
“Responsive & Responsible Government”

132 Main Street
P.O. Box 540
Palmyra, VA 22963
(434) 591-1910
Fax (434) 591-1911
www.vannacounty.org

PLANNING COMMISSION STAFF REPORT
To: Fluvanna County Planning Commissioners
From: Dan Whitten, County Attorney; and Todd Fortune, Director of Planning
Case Number: ZTA 26:26
District: Countywide Amendment
General Information: This public hearing is to be held on Tuesday, October 13, 2026 at 7:00 pm
by the Fluvanna County Planning Commission in the Fluvanna County
Circuit Court, 72 Main Street, Palmyra, VA 22963.
Requested Action:

Background
Information:

Recommend approval of ZTA 26:26 – An ordinance to amend the Code of
the County of Fluvanna, Virginia by amending §§ 22-11-2.2, 22-12-2.2, and
22-17-5 and enacting § 22-17-24 to remove data centers as a use allowed
by special use permit in the Industrial, I-1 and Industrial, I-2 zoning
districts, to clarify that uses which are not defined within the zoning code
are not permitted, and to create supplemental regulations for data centers as
an accessory use.

This recommended change is being presented pursuant to a resolution
passed by the Board of Supervisors at its meeting on August 19, 2026. The
proposed changes would: 1) Remove data centers as a use allowed by
special use permit in the industrial, I-1 and industrial, I-2 zoning districts:
2) Clarify that uses which are not defined within the zoning code are not
permitted; and 3) create supplemental regulations for data centers as an
accessory use.

Recommended Motion:
FINDING THAT THE PROPOSED ZONING ORDINANCE AMENDMENTS (ARE/ ARE
NOT) APPROPRIATE FOR THE PUBLIC NECESSITY, CONVENIENCE AND GENERAL
WELFARE AND (ARE/ ARE NOT) GOOD ZONING PRACTICE, I MOVE THAT THE
PLANNING COMMISSION RECOMMEND (APPROVAL/ DENIAL) OF ZTA 26:26 – AN
ORDINANCE TO AMEND AND REORDAIN THE CODE OF THE COUNTY OF
FLUVANNA, VIRGINIA BY AMENDING §§ 22-11-2.2, 22-12-2.2, AND 22-17-5 AND
ENACTING § 22-17-24 TO REMOVE DATA CENTERS AS A USE ALLOWED BY SPECIAL
USE PERMIT IN THE INDUSTRIAL, I-1 AND INDUSTRIAL, I-2 ZONING DISTRICTS, TO
CLARIFY THAT USES WHICH ARE NOT DEFINED WITHIN THE ZONING CODE ARE
NOT PERMITTED, AND TO CREATE SUPPLEMENTAL REGULATIONS FOR DATA
CENTERS AS AN ACCESSORY USE.

ZTA 26:26
ORDINANCE TO AMEND AND REORDAIN “THE CODE OF THE COUNTY OF
FLUVANNA, VIRGINIA” BY AMENDING §§ 22-11-2.2, 22-12-2.2, AND 22-17-5 AND
ENACTING § 22-17-24 TO REMOVE DATA CENTERS AS A USE ALLOWED BY
SPECIAL USE PERMIT IN THE INDUSTRIAL, I-1 AND INDUSTRIAL, I-2 ZONING
DISTRICTS, TO CLARIFY THAT USES WHICH ARE NOT DEFINED WITHIN THE
ZONING CODE ARE NOT PERMITTED, AND TO CREATE SUPPLEMENTAL
REGULATIONS FOR DATA CENTERS AS AN ACCESSORY USE
BE IT ORDAINED by the Board of Supervisors of Fluvanna County:
(1)

That the Code of the County of Fluvanna, Virginia is amended by amending §§ 2211-2.2, 22-12-2.2, and 22-17-5 and enacting 22-17-24 as follows:

CHAPTER 22 – ZONING
ARTICLE 11. - INDUSTRIAL, LIMITED, DISTRICT I-1
Sec. 22-11-2.2. Uses permitted by special use permit only.
The following uses shall be permitted by special use permit only:
Industrial Uses
Data centers
ARTICLE 12. - INDUSTRIAL, GENERAL, DISTRICT I-2
Sec. 22-12-2.2. Uses permitted by special use permit.
The following uses shall be permitted by special use permit only:
Industrial Uses
Data centers
ARTICLE 17. - GENERAL PROVISIONS
Sec. 22-17-5. Uses not provided for.
Any use which is not defined within this chapter or enumerated as a use within a
specific zoned district shall not be permitted within Fluvanna County. If in any district
established under this chapter, a use is not specifically permitted and an application is made by a
property owner to the Administrator for such use, the Administrator shall refer the application to
the Planning Commission. Thereafter, the said application shall be treated as a resolution of the
Planning Commission in accordance with Section 22-20-1(C) of this chapter.
ARTICLE 17. – GENERAL PROVISIONS

Sec. 22-17-24. Standards for data centers as an accessory use.
(A)

Data centers shall only be permitted as an accessory use.

(B)

Data centers serving as an accessory use shall only be permitted if:
(1)

The data center is on the same site as the primary use;

(2)

The site’s primary user only operates the data center for its own internal use;

and
(3)
The total combined area devoted to the data center and its support systems
and structures does not exceed twenty-five percent (25%) of the gross floor area of the
primary use.
(C)

The accessory use data center shall meet the following standards:

(1)
The data center shall be served by public water and public sewer. The use of
wells as a water supply is prohibited;
(2)
Any water cooling done by the data center shall use a closed loop or recycled
water system;
(3)
The data center and its support systems and structures shall be at least 200
feet from all property lot lines;
(4)
Any generators used by the data center shall only undergo routine
maintenance from Monday through Friday between the hours of 10:00 a.m. and 4:00 p.m.;
and
(5)
The data center and its support systems and structures shall comply with
Chapter 15.2, Noise Control, of this Code.
(2)

That the Ordinance shall be effective upon adoption.

COUNTY OF FLUVANNA
“Responsive & Responsible Government”

132 Main Street
P.O. Box 540
Palmyra, VA 22963
(434) 591-1910
Fax (434) 591-1911
www.vannacounty.org

PLANNING COMMISSION STAFF REPORT
To: Fluvanna County Planning Commissioners
From: Dan Whitten, County Attorney; and Todd Fortune, Director of Planning
Case Number: ZTA 26:27
District: Countywide Amendment
General Information: This public hearing is to be held on Tuesday, October 13, 2026 at 7:00 pm
by the Fluvanna County Planning Commission in the Fluvanna County
Circuit Court, 72 Main Street, Palmyra, VA 22963.
Requested Action:

Background
Information:

Recommend advertisement for a public hearing to consider ZTA 26:25 – an
ordinance to amend the Code of the County of Fluvanna, Virginia by
amending §§ 22-4-2.1, 22-4-2.2, 22-5-2.1, 22-5-2.2, 22-6-2.1, 22-6-2.2, 227-9.1, 22-7-9.2, 22-8-2.1, 22-8-2.2, 22-9-2.1, 22-10-3, 22-13-2.1, 22-14-7,
and 22-22-1 and enacting § 22-17-23 to update the terminology and
regulation regarding home-based childcare to match the Code of Virginia.
This recommended change would update definitions and regulations for
home-based childcare to match definitions and regulations in the Code of
Virginia.

Recommended Motion:
FINDING THAT THE PROPOSED ZONING ORDINANCE AMENDMENTS (ARE/ ARE
NOT) APPROPRIATE FOR THE PUBLIC NECESSITY, CONVENIENCE AND GENERAL
WELFARE AND (ARE/ ARE NOT) GOOD ZONING PRACTICE, I MOVE THAT THE
PLANNING COMMISSION RECOMMEND (APPROVAL/ DENIAL) OF ZTA 26:27 – AN
ORDINANCE TO AMEND AND REORDAIN THE CODE OF THE COUNTY OF
FLUVANNA, VIRGINIA BY AMENDING §§ 22-4-2.1, 22-4-2.2, 22-5-2.1, 22-5-2.2, 22-6-2.1,
22-6-2.2, 22-7-9.1, 22-7-9.2, 22-8-2.1, 22-8-2.2, 22-9-2.1, 22-10-3, 22-13-2.1, 22-14-7, AND 2222-1 AND ENACTING § 22-17-23 TO UPDATE THE TERMINOLOGY AND REGULATION
REGARDING HOME-BASED CHILD CARE TO MATCH THE CODE OF VIRGINIA.

ZTA 26:27
ORDINANCE TO AMEND AND REORDAIN “THE CODE OF THE COUNTY OF
FLUVANNA, VIRGINIA” BY AMENDING §§ 22-4-2.1, 22-4-2.2, 22-5-2.1, 22-5-2.2, 22-62.1, 22-6-2.2, 22-7-9.1, 22-7-9.2, 22-8-2.1, 22-8-2.2, 22-9-2.1, 22-10-3, 22-13-2.1, 22-14-7,
AND 22-22-1 AND ENACTING § 22-17-23 TO UPDATE THE TERMINOLOGY AND
REGULATION REGARDING HOME-BASED CHILD CARE TO MATCH THE CODE OF
VIRGINIA
BE IT ORDAINED by the Board of Supervisors of Fluvanna County:
(1)

That the Code of the County of Fluvanna, Virginia is amended by amending §§ 22-42.1, 22-4-2.2, 22-5-2.1, 22-5-2.2, 22-6-2.1, 22-6-2.2, 22-7-9.1, 22-7-9.2, 22-8-2.1, 228-2.2, 22-9-2.1, 22-10-3, 22-13-2.1, 22-14-7, and 22-22-1 and enacting § 22-17-23 as
follows:

CHAPTER 22 – ZONING
ARTICLE 4. - AGRICULTURAL, GENERAL, DISTRICT A-1
Sec. 22-4-2.1. Uses permitted by right.
Commercial Uses
Family daycare homes/Family day homes
Home-based child care
Sec. 22-4-2.2. Uses permitted by special use permit only.
Commercial Uses
Child day centers
Daycare centers

ARTICLE 5. - RESIDENTIAL, LIMITED, DISTRICT R-1
Sec. 22-5-2.1. Uses permitted by right.
Commercial Uses
Home-based child care
Sec. 22-5-2.2. Uses permitted by special use permit only.
Commercial Uses
Child day centers
Daycare centers
Family daycare homes/Family day homes

ARTICLE 6. - RESIDENTIAL, GENERAL, DISTRICT R-2
Sec. 22-6-2.1. Uses permitted by right.
Commercial Uses
Home-based child care

Sec. 22-6-2.2. Uses permitted by special use permit only.
Commercial Uses
Child day centers
Daycare centers
Family daycare homes/Family day homes

ARTICLE 7. - RESIDENTIAL, PLANNED COMMUNITY, DISTRICT R-3
Sec. 22-7-9.1. Uses permitted by right.
Commercial Uses
Home-based child care

Sec. 22-7-9.2. Uses permitted by special use permit only.
Commercial Uses
Child day centers
Daycare centers
Family daycare homes/Family day homes

ARTICLE 8. - RESIDENTIAL, LIMITED, DISTRICT R-4
Sec. 22-8-2.1. Uses permitted by right.
Commercial Uses
Home-based child care

Sec. 22-8-2.2. Uses permitted by special use permit only.
Commercial Uses
Child day centers
Daycare centers
Family daycare homes/Family day homes

ARTICLE 9. - BUSINESS, GENERAL, DISTRICT B-1
Sec. 22-9-2.1. Uses permitted by right.
Commercial Uses
Child day centers
Daycare centers

ARTICLE 10. - BUSINESS, CONVENIENCE, DISTRICT B-C
Sec. 22-10-3. Uses permitted by right.
Commercial Uses
Child day centers
Daycare centers

ARTICLE 13. - MANUFACTURED HOME PARK, DISTRICT MHP
Sec. 22-13-2.1. Uses permitted by right.
Commercial Uses
Home-based child care
ARTICLE 14. - PLANNED UNIT DEVELOPMENT DISTRICT (PUD)
Sec. 22-14-7. Open space, recreation, parks and civic areas.
(1) In the Zion Crossroads Community Planning Area, not less than 30 percent of the gross area
of a PUD district shall be preserved as open space, provided that supplemental regulations
for application to the Zion Crossroads UDA apply as indicated herein below. The required
30 percent open space may include private common and public open areas; perimeter open

space; buffers between various uses, densities and adjacent properties; recreational space,
neighborhood parks, civic areas; easements; water bodies and any undisturbed land not
occupied by building lots, structures, streets, and parking lots. By way of this section, yards
of individual residences shall not be considered open space.
(2) Land designated for future facilities (i.e., schools, fire and rescue stations, places of
worship, daycare centers, etc.) shall not be included toward the open space.
(3) Not less than 15 percent of the total open space shall be provided for active and/or passive
recreational activities.
(4) Private common open areas shall be owned, maintained and operated by a property owner's
association. A property owner's association document shall be prepared declaring and
specifying the care and maintenance of the common areas. This document shall be reviewed
and approved by the Fluvanna County Attorney prior to final approval.
(5) Upon request of the Applicant, the Planning Commission, at its sole discretion, (a) may
decrease or eliminate certain requirements for open space and recreation land and
improvements in a PUD District project, provided that the revised regulations shall be
established and conditioned by the PUD Application Package.
(6) For PUD projects in the Zion Crossroads UDA that are less than 15 acres in gross area, the
Applicant may contribute to a pro-rata share fund lieu of provision for all or a portion of the
required open space. The County shall reserve and employ these funds for the purpose of
community open space, park, recreation, or civic space development within the Zion
Crossroads Community Planning Area.
(7) For PUD projects in the Zion Crossroads UDA with a gross area of 15 acres or greater, the
quantity, location, mix, type, quality and phasing of open space, civic space, parks,
recreation areas, buffer areas, and protected natural areas shall be consistent with the
policies of the Comprehensive Plan or other criteria for traditional neighborhood
development as may be established by the County. These areas shall be delineated on the
PUD Application Plan and may include greens, squares, plazas, community centers, club
houses, swimming facilities, outdoor recreational fields, trails, pocket parks, or community
gardens.
ARTICLE 17. - GENERAL PROVISIONS
Sec. 22-17-23. Home-based child care – general standards.
(A)
Home-based child care for four (4) or fewer children under the age of thirteen (13)
shall be regulated as a single-family residential use.
(B)
Home-based child care where the children in care are all related to the provider by
blood or marriage shall not be required to be licensed by the state.
(C)
The provider of state licensed or state registered home-based child care shall
disclose to the parents or guardians of children in their care the percentage of time per
week that persons other than the provider will care for the children.

(D)
No more than four (4) children under the age of two (2) shall be served in homebased child care, including the provider's own children and any children who reside in the
home, unless the home-based child care is state licensed or voluntarily registered with the
state.
(E)
Home-based child care for not less than five (5) nor more than (12) children under
the age of thirteen (13) shall be subject to the following standards:
(1)

Licensure.

All such home-based child care shall acquire and maintain the required
licensure from the Virginia Department of Social Services unless the children in care are all
related to the provider by blood or marriage. The owner or operator of the home-based
child care shall provide a copy of the licensure to the Zoning Administrator. The owner or
operator's failure to provide a copy of the license to the Zoning Administrator shall be
deemed to be willful noncompliance with the provisions of this chapter
(2)

Permit requirements.

(a)
The prospective owner of such home-based child care shall pay an
application fee and submit the home-based child care application to the Fluvanna County
Department of Planning and Zoning. The owner is required to notify the Department of
Planning and Zoning of any changes to its information contained in its application. In the
application, the owner must fully complete all fields including, without limitation, owner
information, address, and phone number.
(b)
At least thirty (30) days prior to acting on a zoning permit application
for home-based child care, the Zoning Administrator shall provide written notice of the
application to the owner of each abutting lot under different ownership than the lot on
which the proposed home-based child care would be located. The notice shall be sent by
registered or certified letter to the last known address of such property owners at least
thirty (30) days prior to any decision on the application. The notice shall identify the
proposed home-based child care, its size, capacity, and location. The notice shall invite the
recipient to submit any comments before the application is acted upon.
(c)
If the Zoning Administrator receives no written objection from an
adjacent property owner so notified within thirty (30) days of the date of sending the letter
and determines that the home-based child care otherwise complies with the provisions of
the ordinance and all other applicable local ordinances, the Zoning Administrator shall
issue the permit sought.
(d)
If the Zoning Administrator receives a written objection from an
adjacent property owner so notified within thirty (30) days of the date of sending the letter
and determines that the home-based child care otherwise complies with the provisions of
the ordinance, the Zoning Administrator shall refer the permit to the Board of Supervisors
for consideration.
(e)
If the Zoning Administrator denies a home-based child care permit
for any reason, an applicant may request that such application be considered by the Board
of Supervisors pursuant to the process in subsection (f) below.

(f)
If the Zoning Administrator refers a permit to the Board of
Supervisors or an applicant appeals a permit denial per subsection (e), the Board of
Supervisors shall consider the application after public notice as provided in Virginia Code
§ 15.2-2204. The Board of Supervisors may, in its discretion, approve the permit, subject to
such conditions as agreed upon by the applicant and the Board of Supervisors, or deny the
permit.
(3)

Sketch plan required.

Applicants shall submit a sketch plan of the property on which the proposed
home-based child care is to be located as a part of the application. Such sketch plan shall
include all entrance and exits to and from the property, any areas to be used for employee
parking, and designated pickup and drop-off location(s), including an indication regarding
whether children shall be accompanied from the drop-off location to the residence
entrance.
(4)

Signage.

A single business sign indicating the location for child pickup and drop-off
not exceeding the maximum sign area or sign height restrictions of the zoned district shall
be required.
(5)

Building type restriction.
No townhouse or apartment shall be permitted for such home-based child

care.
(6)

Entrance and access.

The property shall be compliant with all Virginia Department of
Transportation entrance and access requirements.
(7)

Safety.

A fire extinguisher shall be provided and visible in all kitchen and cooking
areas, functional smoke detectors shall be installed in all locations as identified in the
Virginia Uniform Statewide Building Code, and in every dwelling that utilizes gas or
propane a carbon monoxide detector must be installed on each floor and in any attached
garage, if applicable.
(8)

Relationship to other laws.

(a)
The home-based child care shall comply with all applicable state
building code, fire, health, and safety statutes and regulations.
(b)
The home-based child care shall comply with all Virginia Department
of Health regulations.
(c)
The provisions of this Section are supplementary to all other laws,
and nothing herein shall be deemed to preclude application of the requirements of the
Virginia Department of Social Services, Virginia Department of Health, Virginia State Fire
Marshal, or any other local, state, or federal agency.

ARTICLE 22. DEFINITIONS
Sec. 22-22-1. Rules of construction; definitions.
Child day center: A child day program offered to (i) two (2) or more children under the age
of thirteen in a facility that is not the residence of the provider or of any of the children in care or
(ii) thirteen (13) or more children at any location. See also Child day program, Family day home.
Child day program: A regularly operating service arrangement for children where, during
the absence of a parent or guardian, a person or organization has agreed to assume responsibility
for the supervision, protection, and well-being of a child under the age of thirteen for less than a
twenty-four (24) hour period. See also Child day center, Family day home Home-based child
care.
Daycare center: See Child day center, Child day program, and Family day home.
Family day home: A child day program offered in the residence of the provider or the home
of any of the children in care for one (1) through twelve (12) children under the age of thirteen,
exclusive of the provider's own children and any children who reside in the home, when at least
one (1) child receives care for compensation. The provider of a licensed or registered family day
home shall disclose to the parents or guardians of children in their care the percentage of time
per week that persons other than the provider will care for the children. Family day homes
serving five (5) through twelve (12) children, exclusive of the provider's own children and any
children who reside in the home, shall be licensed. However, no family day home shall care for
more than four (4) children under the age of two, including the provider's own children and any
children who reside in the home, unless the family day home is licensed or voluntarily registered.
However, a family day home where the children in care are all related to the provider by blood or
marriage shall not be required to be licensed. See also Child day center, Child day program.
Family daycare home: See Child day center, Child day program, and Family day home.
Home-based child care: A child day program offered in the residence of the provider
or the home of any of the children in care for one (1) through twelve (12) children under
the age of thirteen (13), exclusive of the provider's own children and any children who
reside in the home, when at least one (1) child receives care for compensation.
(2) That the Ordinance shall be effective upon adoption.