Zoning Ordinance Committee Meeting Summary - November 5, 2025

The Zoning Ordinance Committee (ZOC) met on November 5, 2025, from 9:00 AM to 11:00 AM in the Dulles Room. The meeting covered updates on the Floodplain Ordinance, Data Center Standards Phase 2, Zoning Ordinance Rewrite Adjustments, and the Western Loudoun Rural Uses and Standards (WLRUS) project. Public input focused on proposed restrictions for agritourism and agricultural processing. Key decisions included tabling a residential accessory use footprint limit and directing staff to study agricultural fencing in floodplains.

Consent Calendar

• Approved the Action Report for October 1, 2025 (unanimous, with one abstention).

Public Comments & Testimony

• Harriet Wegmeyer (Wegmeyer Farms, pick-your-own strawberry and pumpkin farm) expressed strong opposition to proposed car and visitor limits in agritourism language, stating that the caps (e.g., 150 cars / 100 guests) are nonsensical and would threaten the viability of her business. She noted that during peak strawberry season, her farm can exceed 64 reservations per hour (typically one car per family) and that the 100-guest limit is inconsistent with a 150-car allowance. She urged the committee to reconsider the limits.
• Kate Zerschmead (Great Country Farms, 31 years of school tours) called the proposed language “draconian” and noted that a key stakeholder consensus at the TLUC meeting—requiring 51% of product from within 50 miles for ag processing—was not reflected in the draft. She stated that the 100-guest cap would crush school programs (some Loudoun schools have more students in one grade than 100) and urged striking car and guest count caps entirely.

Discussion Items

• Floodplain Ordinance Update (Accessory Uses to Residential) The committee reviewed a staff proposal to allow small accessory structures (e.g., playhouses, sheds, gardens) in floodplains without engineering analysis if they do not require a building permit, erection/construction of fences, grading, or fill, and if the footprint does not exceed 25 square feet (aggregate).

  • Some members argued 25 sq ft is too small (e.g., typical Costco playhouse is ~50 sq ft) and that the limit should be based on real-world sizes. Staff explained that 25 sq ft was chosen to avoid needing a no-rise certification; anything larger would require engineering analysis.
  • Others questioned whether “footprint” is defined and whether the limit applies to structures like raised garden beds (aggregate across all structures).
  • A motion to table the item to allow members to submit alternative square footage suggestions (by November 19) and for staff to clarify language (structure vs. use) was approved.
  • A separate motion was passed to direct staff to study agricultural fencing (non-exclusionary) in floodplains, e.g., dividing fields for rotational grazing, and report back on whether such fencing can be permitted and what path forward would be.
  • Staff confirmed that exclusion fencing (for creeks) is already permitted in floodplain through a zoning permit, independent of soil & water conservation approval.

• Data Center Standards & Locations, Phase 2 Project managers reported that internal language review is ongoing, with draft standards targeted for completion by December 23, 2025. The Planning Commission work session is scheduled for January 8, 2026, and the item is expected to return to ZOC in February 2026.

• Zoning Ordinance Rewrite Adjustments #1 Staff corrected the timeline: the draft text will be presented to the Board of Supervisors in June 2026 (not January 2026 as listed in the agenda). The project has been reassigned to Josh Elkins.

• Western Loudoun Rural Uses and Standards (WLRUS) – Agritourism and Process Staff presented draft language for agritourism (Section 4.08.16) including vehicle limits (based on lot area, carried over from existing cultural tourism standards) and maximum occupancy of structures (scaled by operation size) with possible increases if certain safety criteria (e.g., fire marshal compliance, water supply) are met.

  • Several members expressed concern that the occupancy limits (e.g., 20 people in structures for small scale, 100 for large) are inappropriate for agritourism (e.g., classes with 50–100 people, school tours with thousands). The fire marshal’s 2023 letter to agritourism businesses only requires portable fire extinguishers, an emergency plan, and a posted exemption sign; full building code compliance would be economically prohibitive.
  • A procedural debate arose: some members argued that ZOC should not vote on WLRUS items until TLUC provides formal direction/recommendation. Others noted that for earlier items (equestrian uses), staff had brought forward language based on TLUC stakeholder consensus without formal votes. Committee members requested that future WLRUS items come to ZOC only after TLUC gives clear direction.
  • The committee agreed to prioritize the equine (equestrian) text at the next meeting and hold off on agritourism and definitions until TLUC provides a recommendation.

Key Outcomes

• Floodplain: Accessory residential uses – Tabled to December meeting; members to submit comments on square footage by November 19.
• Floodplain: Agricultural fencing – Staff directed to study and report back on permitting non-exclusionary fencing in floodplains, with a path to allow it if currently not allowed.
• WLRUS Process – The committee will not discuss agritourism or definitions further until TLUC provides formal direction. Next ZOC meeting (December 3, 2025) will focus on equestrian text only.
• Meeting Schedule for 2026 – Approved draft schedule (9 AM–11 AM, first Wednesday except April (second Wednesday) and July (second Wednesday due to holiday)). Invitations to be sent by Stephanie.
• Next ZOC meeting – December 3, 2025, 9:00–11:00 AM, Dulles Conference Room.