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Planning commission continues minimum-lot requirement for family cemeteries; staff to produce informational guidance
Summary
Facing increased citizen inquiries about private family cemeteries, staff recommended keeping minimum lot-size requirements and producing an informational sheet on siting, access rights and relevant Virginia Code; commissioners also received County Attorney guidance on conflict-of-interest rules for solar negotiations.
Staff told the Charlotte County Planning Commission May 25 that citizens have asked about creating substandard family cemetery lots and that a zoning amendment to allow smaller 'nonbuilding lots' could create complications — including access, ownership and long-term maintenance concerns. Staff recommended the county continue to require that newly created parcels meet minimum lot-size standards and instead prepare an informational sheet addressing siting, access rights and landowner rights under Virginia Code §§57-26 and 57-27.
Commissioners discussed access roads for existing private cemeteries and statutory rights of access. Staff cautioned that allowing smaller cemetery parcels could raise questions about how adjacent property owners would be affected and who would own and maintain a cemetery parcel over time.
At the same time, staff reported County Attorney Russell Slayton had advised that Virginia Code §2.2-3112.B.3 permits an officer or advisory agency member to participate in a transaction that affects the public generally even if the member has a personal interest. Staff said Slayton recommended commissioners who have entered into or are negotiating agreements to lease or sell property for solar development provide a written declaration under Virginia Code §2.2-3115; draft declarations were distributed for commissioners to review.
No zoning amendment was adopted at the meeting; staff will produce the informational sheet on cemetery siting and rights and commissioners will consider declarations recommended by the county attorney.
