This ordinance shall be known and cited as the Zoning Ordinance of Surry County or the Surry County Zoning Ordinance.

This ordinance is adopted pursuant to the provisions of Code of Virginia, tit. 15.2, ch. 22, art. 7, as amended.

The purpose of this ordinance is to implement the Surry Comprehensive Plan and promote and protect the health, safety, and general welfare of the present and future residents and businesses of the county by:

A.

Giving effect to policies, objectives and proposals of the Surry County Comprehensive Plan;

B.

Dividing the unincorporated area of the county into districts of distinct community character according to the use of land and buildings, the intensity of such use (including bulk and height), and surrounding open space;

C.

Preserving and enhancing the county's rural and agricultural character and resources;

D.

Preserving and protecting the county's natural resources and protecting the waters of the James River, Chesapeake Bay and Blackwater River and their tributaries;

E.

Regulating the location and use of buildings, structures, and land for trade, industry, residences, and other uses;

F.

Lessening the danger and congestion of traffic on the road and highways; limiting excessive numbers of intersections, driveways, and other friction points; minimizing other hazards; and insuring the continued usefulness of all elements of the existing highway system for their planned function;

G.

Encourage good civic design and arrangement to facilitate the creation of a convenient, attractive and harmonious community;

H.

Securing safety from fire, panic, flood, and other dangers;

I.

Providing adequate light and air, and protecting against the overcrowding of land and undue density of population in relation to the community facilities existing or available;

J.

Protecting the tax base by facilitating cost-effective development within the county;

K.

Promoting economy in local government expenditures;

L.

Protecting the values of property throughout the county;

M.

Protecting landowners from adverse impacts of adjoining development;

N.

Providing future land uses with adequate public facilities;

O.

Protecting against the destruction of or encroachment upon historical buildings and areas;

P.

Promote the creation and preservation of affordable housing suitable for meeting the current and future needs of the county.

Each purpose listed above serves to balance the interest of the general public of the county and those of individual property owners. They have been made with reasonable consideration, among other things, for the existing use and character of property, the existing land use plan, to the character of the district and its peculiar suitability for particular uses, to trends of growth and change, and with a view to conserving natural resources and the value of land and buildings and encouraging the most appropriate use of land throughout the unincorporated territory of Surry County, Virginia.

This ordinance shall apply to all properties within the unincorporated areas of Surry County, Virginia, including any property within the county that may be assessed in an adjoining jurisdiction.

A.

No person may use or occupy any land, building, or structure, or authorize or permit the use or occupancy of any land, building, or structure under his or her control except in accordance with all of the applicable provisions of this ordinance.

B.

It is not intended for this ordinance to interfere or affect any easements, covenants, or other agreements between parties, provided, however, that where this ordinance imposes greater requirements or restrictions than are imposed by other resolutions, ordinances, rules, regulations, or by easements, covenants, or agreements, the provisions of this ordinance shall govern.

This ordinance was adopted on January 3, 2013, and shall become effective at 12:01 a.m. March 4, 2013.

(Ord. No. 2013-01, Att., 9-5-2013)

A.

All ordinances and parts of ordinances in conflict with the provisions of this ordinance, except as hereinafter provided, are hereby repealed; provided, however, that the Surry County Zoning Ordinance adopted September 4, 1975, as amended, shall not be considered repealed as to any violation thereof existing on the effective date of this ordinance, unless such violation conforms to the provisions of this ordinance.

B.

Where there are standards imposed in this ordinance, which are more restrictive than other standards contained in this or other county ordinances, the more restrictive standards shall apply.

C.

Where there is a conflict between the text of the ordinance and any tables attached to the ordinance, the text of the ordinance shall govern.

It is the intention of the board of supervisors that this ordinance implements the planning policies and objectives for the county as reflected in the comprehensive plan. While the board of supervisors reaffirms the commitment that this ordinance and any amendment to it be in conformity with adopted plans, the board of supervisors hereby expresses the intent that neither this ordinance nor any amendment to it may be challenged on the basis of any nonconformity with any planning document.

A certified copy of the Surry County Zoning Ordinance shall be filed in the Department of Planning and Zoning of Surry County and in the Office of the Clerk of the Circuit Court of Surry County, Virginia.

A.

Fees shall be set by the board of supervisors for the various procedures, permits, hearings and applications established by this ordinance as may be reasonably necessary from time to time to cover the costs incurred by the county. No fee shall be required for actions initiated by the board of supervisors or the planning commission.

B.

If in the discretion of the administrator, board of zoning appeals, planning commission or board of supervisors, a review of any site plan or application is deemed necessary by any outside engineering firm or other expert consultant in a field related to the request, the landowner/applicant shall be required to pay the fee for such review prior to advertising any subsequent public hearing, unless alternative arrangements for payment are made with the county. The purpose of the review will be to ensure that the request complies with all regulations.

C.

The administrator may refund fees submitted with an application upon written request when no costs, direct or indirect, have been incurred by the county in processing, evaluating, or advertising the matter.

Should any section or provision of this ordinance be decided by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any part thereof other than the part so held to be unconstitutional or invalid.

A.

The administrator shall have the following powers and duties:

1.

Zoning permit. To issue or deny a zoning permit for the erection, construction, reconstruction, moving, adding to, or alteration of any structure, or the establishment of any land use. The administrator shall also have the authority to revoke any zoning permit if violations of the provisions of this ordinance occur.

2.

Certificate of zoning compliance. To issue or deny a certificate of zoning compliance.

3.

Enforcement. To enforce this ordinance and take all necessary steps to remedy any condition found in violation of the provisions of this ordinance.

4.

Collect fees. To collect any fees required or set forth in this ordinance.

5.

Making and keeping records. To make and keep all records required by state law or necessary and appropriate for the administration of this ordinance.

6.

Inspection of buildings or land. To inspect any building or land to determine if violations of this chapter exist or have been committed.

7.

Request assistance. To request the assistance of other local and state officials or agencies in the administration and enforcement of this ordinance.

8.

Interpretation. To interpret the official zoning map and provisions of this ordinance, and offer written opinions on their meaning and applicability.

9.

Administrative variance. To authorize variances from the setback and yard requirements of this ordinance.

(Ord. No. 2023-02, 2-2-2023)

A.

Permit authorization.

1.

Zoning permits and certificates of zoning compliance issued on the basis of required plans and applications approved by the administrator shall authorize only the use, arrangement and construction set forth in such permits, plans, and no other. The use, arrangement, or construction significantly deviating with that authorization shall be deemed a violation of this ordinance.

2.

All departments, officials and public employees of Surry County, which are vested with the duty or authority to issue permits or licenses shall do so in conformance with the provisions of this ordinance. Such departments and personnel shall issue permits for uses, buildings or purposes only when they are in harmony with the provisions of this ordinance. Any such permit, if issued in conflict with the provisions of this ordinance, shall be null and void.

B.

Who may submit permit applications.

1.

Applications for permits will be accepted only from the property owner or the property owner's authorized representative. The administrator may require an applicant to provide evidence of his authority to submit the application.

2.

All real estate taxes and any outstanding fees or charges must be current and up-to-date at such time an application is submitted for any activity regulated under this ordinance.

C.

Applications to be complete.

1.

All applications for permits listed in this article must be complete before the application is to be considered. An application is complete when it contains all of the information that is necessary, in the opinion of the administrator, to decide whether or not the development will comply with all requirements of this ordinance if completed as proposed.

2.

All prescribed application or permit fees must be paid in accordance with any and all corresponding fees established by the board of supervisors.

D.

Compliance with the erosion and sediment control ordinance. No excavation or land disturbance associated with any structure or use shall begin until such time as an erosion and sediment control plan is reviewed and approved by the department of planning and zoning and a permit for such disturbance is issued.

E.

Compliance with subdivision ordinance. Any newly created parcel, lot or tract shall comply with the provisions of this ordinance and the Subdivision Ordinance of Surry County.

A.

A zoning permit shall be required for the erection, construction, reconstruction, moving, adding to, or alteration of any structure, or the establishment of any land use, except as listed below:

1.

Silvicultural, and agricultural uses of land associated with the conduct of a farm.

2.

Patios.

3.

Fences.

4.

Streets.

5.

Electric power, telephone, cable television, gas, water, and sewer lines, street lights, wires or pipes, together with supporting, poles or structures, and traffic control signs located within a public right-of-way.

B.

It shall be the responsibility of the applicant to provide any information necessary for the administrator to determine that the proposed use, building, or structure complies with all provisions of this ordinance.

C.

For any use, building, or structure requiring an approved site development plan, no zoning permit shall be issued, until such time as a site development plan is submitted, reviewed and approved in accordance with section 5-205 of this ordinance.

D.

For uses or structures not requiring an approved site development plan, the administrator shall determine, in accord with this ordinance, the type of information necessary to review the permit. At a minimum, a plot plan shall be required meeting the standards contained in section 5-203 of this ordinance.

E.

All zoning permits issued shall be valid for a period of six months, unless the structure, use or activity for which the permit was issued has commenced. If, after some physical alteration to land or structures begins to take place, such work is discontinued for a period of six months, then the permit authorizing such work shall immediately expire. The administrator may reissue any expired permit provided the structure, use and or activity complies with all applicable provisions of the ordinance at the time of reissuance.

F.

The administrator shall have the authority to approve the form and content of zoning permit applications. The zoning permit may be a separate document or may be part of the building permit provided evidence of separate approval by the administrator is maintained.

A.

A certificate of zoning compliance shall be required for any of the following:

1.

Occupancy or use of a building hereafter erected, enlarged or structurally altered.

2.

Change in the use or occupancy of an existing building.

3.

Occupancy or change in the use of vacant land except for the silvicultural activities, raising of crops, and other agricultural uses not involving structures or subject to use standards contained in article IV of this ordinance.

4.

Any change in use of a nonconforming use, or any alteration of a nonconforming building or structure.

B.

No such occupancy, use, or change in use shall take place until the county has issued a certificate of zoning compliance. Such certificate shall certify that the building or use complies with the provisions of this ordinance. Upon application of the owner or an authorized agent, the county shall issue the certificate of zoning compliance for any building, structure or lot; provided, that the county finds such building, structure or lot is in conformity with all applicable provisions of this ordinance, and all other applicable county laws.

C.

The county shall issue or deny any application for a certificate of zoning compliance within seven days of an application being filed. If denied, the county shall advise the owner or owner's agent the reasons for the denial, and the specific actions required on the part of the owner before the certificate of zoning compliance can be issued.

A.

In situations where a building, structure or property, must be occupied or used prior to completion of all improvements required by county law, the county may issue a temporary or partial certificate of occupancy for the property upon application by the owner or authorized agent. Temporary or partial certificates of occupancy shall be valid for a period not to exceed eight months, during which time all improvements required by county law must be made.

B.

The county shall not issue any temporary or partial certificate of occupancy unless:

1.

The site and building is in a safe and usable condition, free from conditions that might endanger the health, safety or welfare of persons using the site, and,

2.

The owner or authorized agent provides to the county a performance guarantee, requiring corrective action. This guarantee shall be payable to the county, in an amount determined by the county to be sufficient to insure satisfactory completion of all improvements required and related to the development within eight months from the date of issuance of the temporary or partial certificate of occupancy. The performance guarantee may be in the form of a corporate surety bond, cash account, or irrevocable letter of credit. The county attorney shall approve the form and language of any instrument submitted.

3.

The administrator shall have the authority to waive the performance guarantee if the unfinished improvements have an estimated value of less than $500.00

4.

The administrator shall have the authority to grant an extension to the temporary certificate of occupancy, provided all performance guarantees remain in effect.

A.

The administrator shall have the responsibility for enforcing the provisions of this ordinance and is authorized and directed to institute any appropriate action to put an end to such violation. The administrator may, as necessary, solicit the assistance of other local and state officials and agencies to assist with this enforcement.

B.

The owner, tenant, or occupant of any building or land or part thereof and any architect, builder, contractor, agent, or other person who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this ordinance may be held responsible for the violation and suffer the penalties and be subject to the remedies herein provided.

C.

Where there is reasonable cause to believe that a violation of this ordinance has occurred, the administrator or his authorized representatives may, with written consent of the owner or of occupier of the premises in question on a form provided by the administrator, enter the premises for the purposes of inspection. Where permission to enter is withheld, the administrator shall seek a court order from the General District Court of Surry County or a search warrant from a magistrate of the jurisdiction as may be appropriate.

D.

Property owners, permit applicants, and/or establishment owners/managers, as applicable, shall be notified in writing of violations of the provisions of this ordinance. The administrator shall state the nature of the violation, the date that it was observed, and the remedy or remedies necessary to correct the violation in the notice of violation. The administrator may establish a reasonable time period for the correction of the violation, based on the nature and extent of the violation and the actions necessary to remedy the violation.

E.

Any written notice of a zoning violation or a written order of the administrator shall include a statement informing the recipient that he may have a right to appeal the notice of a zoning violation or a written order within 30 days in accordance with this section, and that the decision shall be final and unappealable if not appealed within 30 days. The appeal period shall not commence until such statement is given. The written notice shall also contain the applicable appeal fee and where additional information may be obtained regarding an appeal.

F.

If the violation is not corrected within the time period specified in the first notification, a second written notice shall be sent. The second notification shall request compliance with these provisions within a reasonable period not to exceed 30 days.

G.

If the administrator is not able to obtain compliance with these provisions in accordance with the procedures outline above, civil and/or criminal procedures may be initiated in consultation with the county attorney.

H.

In cases when delay would seriously threaten the effective enforcement of this ordinance or pose a danger to the public health, safety, or welfare, the administrator may seek enforcement without prior written notice by posting an order to "cease and desist", and by invoking any of the penalties or remedies authorized in this ordinance.

I.

The administrator in consultation with the county attorney may pursue other legal remedies as may be necessary. Any violation or attempted violation of this chapter may be restrained, corrected or abated as the case may be by injunction or other appropriate relief.

A.

Any violation of any provision of this ordinance shall be a misdemeanor punishable upon conviction by a fine of not less than $10.00 nor more than $1,000.00, as may be amended in Code of Virginia, § 15.2-2286.

B.

Each day a violation exists shall constitute a separate offense, unless otherwise provided by law.

A.

The administrator may grant an administrative variance from the interior side yard, front yard, and rear yard requirements of this ordinance for single-family dwellings and nonprofit uses, and their accessory structures; provided that no such variance is greater than 50 percent of the requirement contained in this ordinance.

B.

Findings. In granting an administrative variance, the following findings shall be made in writing by the administrator:

a.

The strict application of the ordinance requirement would produce undue hardship by granting a reasonable modification to a property or improvements thereon requested by, or on behalf of, a person with a disability;

b.

The hardship is not shared generally by other properties in the same zoning district and same vicinity;

c.

The variance will not be of substantial detriment to adjacent property; and

d.

The character of the zoning district will not be changed by the variance.

C.

Time period and procedure. Prior to the granting of a variance, the administrator shall give all adjoining property owners, as shown on the current real estate tax assessment records of the county, written notice of the request for the variance. Such owners shall be given an opportunity to respond to the request within 21 days of the date of the notice. If any adjoining property owner objects to said request in writing within the time specified above, the request shall be transferred to the board of zoning appeals for decision in accordance with the rules of procedure for the board.

D.

Applicant submittal. Applications for variances authorized by this section shall be submitted to the administrator on forms provided by the administrator and shall be accompanied by a fee as set forth in the county fee schedule.

E.

In addition to other application requirements, for modifications to alleviate a hardship requested by, or on behalf of, a person with a disability the administrator may require documentation from the applicant to substantiate that such person meets the requirements of the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131, et seq.) or state and federal fair housing laws.

(Ord. No. 2023-02, 2-2-2023)

A.

The board of zoning appeals (hereinafter called the BZA) shall consist of five members, each to be a resident of the county, who shall be appointed by the Circuit Court of Surry County. Each member shall be appointed for a five-year term. Vacancies shall be filled by the court for the unexpired portion of the term. A member may be removed by the court for cause, upon written charges and after a public hearing. Each member shall receive such compensation as the board of supervisors may authorize for attendance at each regular or called meetings of the BZA.

B.

The BZA shall develop, adopt and maintain written by-laws that govern its operation consistent with this ordinance and the Code of Virginia. Such by-laws shall address, at a minimum, the following:

1.

The selection of one of its members as chairman and in his absence a member designated acting chairman shall preside.

2.

The BZA shall meet at such times as determined by the BZA, at least once a year, and as may be established in the by-laws at the call of the chairman, after proper notice.

3.

The chairman, or in his absence the acting chairman, may administer oaths and may delay action until all witnesses are in attendance.

4.

All meetings of the BZA shall be open to the public, except as otherwise permitted by law.

5.

Minutes of the BZA's proceedings shall be maintained, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be filed, after approved by the BZA, in the office of the administrator and shall be a public record.

6.

The concurring vote of three members of the board shall be necessary to reverse any order, requirement, decision or determination of the administrative officer or to decide in favor of the applicant on any matter upon which it is required to pass under the ordinance, or to effect any variance from the ordinance.

7.

The BZA shall submit a report of its activities to the board of supervisors at least once each year.

Copies of the by-laws shall be available from the administrator and the secretary to the BZA.

C.

The county shall provide a secretary whose duty it shall be to keep the minutes and other records of the actions and deliberations of the BZA and perform such other ministerial duties as the BZA shall direct. The secretary shall be a salaried county employee and shall perform the duties of secretary of the BZA in addition to his other regular duties.

A.

The board of zoning appeals (BZA) shall have the following powers and duties:

1.

To hear and decide appeals from any written order, requirement, decision, or determination made by any administrative officer in the administration or enforcement of this ordinance, including interpretation of the zoning district map.

2.

To hear and decide on applications for special exceptions upon which the BZA is specifically authorized to act upon under this ordinance.

3.

To authorize upon appeal or original application in specific cases a variance from the terms of this ordinance in accordance with section 1-305 below.

A.

An 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 administrator.

B.

Any appeal shall be submitted on forms provided by the administrator within 30 days of the decision appealed from by filing with the administrator, and with the BZA, an application specifying the grounds of the appeal.

C.

The administrator shall provide to the secretary of the BZA all the papers constituting the record upon which the action appealed from was taken.

D.

An appeal stays all proceedings in the furtherance of the action appealed from, unless the administrator certifies to the BZA after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril of life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by a court of record.

E.

In any case where the administrator has certified conformity with the provisions of this ordinance and a building permit has been issued and construction of the building for which such permit was issued is subsequently sought to be prevented, restrained, corrected or abated as a violation of the zoning ordinance, suit may be filed within 30 days after the start of construction by a person who had no actual notice of the issuance of such permit. The court may hear and determine issues raised in the litigation even though no appeal was taken from the decision of the administrator to the board of zoning appeals.

F.

The BZA shall hold a public hearing on the administrative appeal within 60 days of receipt of a completed application, after due notice as required by section 1-600 of this ordinance.

G.

The BZA shall make a determination based on the provisions of this ordinance and the Code of Virginia. Decisions of the BZA shall be binding on the application of the ordinance unless modified by a court of law or amended by the board of supervisors.

A.

This category of uses known as special exception is established in recognition that in addition to uses permitted by right, certain uses may be compatible with existing and future uses in a district, depending upon their scale, design, location, and conditions imposed by the BZA, as specified in article III, District regulations, of this ordinance. In addition, the following uses and activities may be allowed with approval of a special exception:

1.

A garage or other building accessory to a single-family dwelling which building does not comply with the regulations of the district in which it is located.

2.

Extension of a nonconforming use in a building so as to increase floor area by not more than 25 percent.

3.

Temporary uses and structures in any district not specifically listed in the regulations for and determined by the board to be in the public interest for the district in which located; provided that such uses be of a temporary nature and do not involve the erection of substantial buildings. Such use or structure shall be authorized by the issuance of a temporary and revocable permit for not more than a 24-month period subject to such conditions as will safeguard the public health, safety and welfare.

B.

The BZA shall hold a public hearing on the special exception within 60 days of receipt of a completed application, after due notice as required by section 1-600 of this ordinance. The procedures and standards contained in this section shall apply to all uses specifically permitted as special exceptions as specified in the district regulations.

C.

No special exception permit shall be issued except upon a finding of the BZA that the proposed special exception conforms with the following general standards:

1.

The proposal shall have a minimum adverse impact on the surrounding neighborhood or community. Adverse impact shall be evaluated with consideration to items such as, but not limited to, traffic congestion, noise, lights, dust, drainage, water quality, air quality, odor, fumes and vibrations. In considering impacts, due regard shall be given to the timing of the operation, site design, access, screening, or other matters which might be regulated to mitigate adverse impact.

2.

The proposal complies with the purposes of this ordinance, as stated in section 1-102, and all of the requirements of this ordinance including any standards set forth in article IV, Use and design standards; and,

3.

The proposal generally conforms to the comprehensive plan of the county;

D.

In those instances where the BZA finds that the proposed use may be likely to have an adverse effect, the BZA shall determine whether such effect can be avoided by the imposition of any special requirements or conditions with respect to location, design, construction, equipment, maintenance or operation, in addition to those expressly stipulated in this ordinance. Any such special requirements or conditions may require a guarantee or bond to ensure that the conditions imposed are met

E.

Where, in the opinion of the BZA, the adverse effect cannot be avoided, the BZA shall deny the requested special exception.

F.

A special exception shall expire after two years from the date of approval if no substantial construction has taken place in accordance with the plans for which such special exception was granted, unless the BZA grants a longer period of time for good cause shown.

A.

Applications for variances may be made by any property owner, tenant, government official, department, board or bureau of the county. All applications shall be submitted to the administrator in accordance with rules adopted by the BZA. All applications and accompanying maps, plans or other information shall be transmitted promptly to the secretary of the BZA who shall place the application on the agenda to be acted upon by the BZA, within 90 days of the filing of the application. The administrator may, and at the direction of the commission shall, transmit notice of the variance application to the commission, which may send a recommendation to the BZA, or appear as a party at the hearing.

B.

The board of zoning appeals (BZA) shall have the power to grant variances in the yard lot area and other dimensional requirements in any district so as to relieve practical difficulties or particular hardships in cases, when a property owner can show that his property was acquired in good faith and where, by reason of exceptional narrowness, shallowness, size, or shape of a specific piece of property at the time of the effective date of this ordinance, or where by reason of exceptional topographic conditions of other extraordinary situation, or condition of such piece of property, or the use or development or property immediately adjacent thereto, the strict application of the terms of this ordinance would effectively prohibit or unreasonably restrict the use of the property, or where the BZA is satisfied, upon the evidence heard by it, that the granting of such variance will alleviate a clearly demonstrable hardship as distinguished from a special privilege or convenience sought by the applicant, provided, that all variances shall be in harmony with the intended spirit and purpose of this ordinance.

C.

The BZA shall grant a variance if the applicant proves through a preponderance of evidence that:

1.

The strict application of the ordinance would unreasonably restrict use of the property, or the variance would alleviate a hardship due to the physical condition of the property or improvements on the property at the time of the effective date of this chapter, as amended from time to time, or the variance would alleviate a hardship by granting a reasonable modification to a property or improvements thereon requested by, or on behalf of, a person with a disability.

2.

The property was acquired in good faith and any hardship was not created by the applicant.

3.

Substantial detriment will not occur to adjacent and nearby properties in the proximity of geographic area in which the property is located.

4.

The condition or situation use of the property is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the ordinance.

5.

The application will not allow a use that is not otherwise permitted on the property, or change the zoning district classification for the property; and

6.

The relief is not available through an administrative variance, special exception, or conditional use permit.

In addition to other application requirements, for modifications to alleviate a hardship requested by, or on the behalf of, a person with a disability the administrator may require documentation from the applicant to substantiate that such person meets the requirements of the American with Disabilities Act of 1990 (42 U.S.C. § 12131, et seq.) or state and federal fair housing laws.

D.

The BZA shall hold a public hearing on the variance request within 90 days of receipt of a completed application, after due notice as required by section 1-600 of this ordinance.

E.

Variances for a use, principal or accessory, shall be prohibited.

F.

In granting a variance the BZA may impose such conditions regarding the location, character and other features of the proposed structure or use as it may deem necessary in the public interest, and may require a guarantee or bond to ensure that the conditions imposed are met.

G.

Variance shall expire after two years from the date of approval if no substantial construction has taken place in accordance with the plans for which such variance was granted, unless the BZA grants a longer period of time for good cause shown. Any variance granted to provide a reasonable modification to a property or improvements thereon 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 state and federal fair housing laws, or the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131 et seq.), as applicable.

(Ord. No. 2023-01, 2-2-2023)

The procedure for amendment of a special exception or variance already approved, or a request for a change of conditions attached to an approval, shall be the same as for a new application except that where the administrator determines the change to be minor relative to the original approval the administrator may transmit the same to the BZA with the original record without requiring that a new application be filed.

A.

Any person jointly or separately aggrieved by any decision of the BZA, or any taxpayer or any officer, department, board or bureau of the county, may present to the circuit court of the county a petition specifying the grounds on which aggrieved. This petition must be filed within 30 days of the BZA's decision.

B.

Upon the presentation of such petition, the court shall allow a writ of certiorari to review the decision of the BZA and shall prescribe therein the time within which a return thereto must be made and served upon the realtor's attorney, which shall not be less than ten days and may be extended by the court. Once the writ of certiorari is served, the board of zoning appeals shall have 21 days or as ordered by the court to respond. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the BZA and on due cause shown, grant a restraining order.

C.

The BZA shall not be required to return the original papers acted upon by it but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds appealed from and shall be verified.

D.

The court may reverse or affirm, wholly or in part, or may modify the decision brought up for review.

E.

Costs shall not be allowed against the BZA, unless it shall appear to the court that it acted in bad faith or with malice in making the decision appealed from. In the event the decision of the BZA is affirmed, and the court finds that the appeal was frivolous, the court may order the person or persons who requested the issuance of the writ of certiorari to pay the costs incurred in making a return of the record pursuant to the writ of certiorari.

(Ord. No. 2023-01, 2-2-2023)

A.

The procedures and standards contained in this section shall apply to all uses specifically permitted as conditional uses in the district regulations found elsewhere in this ordinance.

B.

This category of uses known as conditional uses is established in recognition that in addition to uses permitted by right, certain uses may, depending upon their scale, design, location, and conditions imposed by the board, be compatible with existing and future uses in a district.

C.

The review and subsequent approval or disapproval of a conditional use permit by the board shall be considered a legislative act, and shall be governed by the procedures thereof.

(Ord. No. 2025-01, § 1, 2-13-2025)

In order to preserve and protect the county's rural ambiance and its agricultural and forestal lands, the board of supervisors determined that the total approved utility-scale solar generation facilities shall not exceed seven percent of developable land within the county or 10,695 acres in total. Land calculation is based on the entire acreage for parcel seeking a conditional use permit. Siting agreements between the county and the developer shall be required. In addition, the centroid of such facilities shall be within one-mile of existing high-voltage electric transmission lines. Such facilities are permitted only in the (M-1) Light Industrial and the (M-2) General Industrial Zoning Districts.

(Ord. No. 2025-01, § 1, 2-13-2025)

A.

The administrator shall not accept a conditional use permit application for a lot or parcel that does not comply with the minimum requirements contained in the use and design standards for that use. In such situations, the applicant shall first seek a variance from the board of zoning appeals. If a variance is granted, the administrator shall thereafter accept the conditional use permit application for the consideration of the commission and board.

B.

No conditional use permit shall be issued except upon a finding of the board that in addition to conformity with any standards set forth in article IV, Use and design standards, the proposed conditional use conforms with the following general standards. These standards shall be met either by the proposal made in the original conditional use permit application, or by the proposal as modified or amended as part of the review of the application by the commission and the board:

1.

The proposal as submitted or modified shall conform to the comprehensive plan of the county and to the purposes of the zoning ordinance.

2.

The proposal as submitted or modified shall have a minimum adverse impact on the surrounding neighborhood or community. Adverse impact shall be evaluated with consideration to items such as, but not limited to, traffic congestion, noise, lights, dust, drainage, water quality, air quality, odor, fumes and vibrations. In considering impacts, due regard shall be given to the timing of the operation, site design, access, screening, or other matters which might be regulated to mitigate adverse impact.

(Ord. No. 2025-01, § 1, 2-13-2025)

A.

An application for a conditional use permit may be initiated by:

1.

Resolution of the board, or;

2.

Motion of the commission, or;

3.

Petition of the owner, contract purchaser with the owner's written consent, or the owner's agent, of the property for which a conditional use permit is requested.

B.

The applicant for a conditional use permit shall provide at the time of application, information and or data to demonstrate that the proposed use will be in harmony with the purposes of the specific zoning district in which it will be located. Further, the applicant shall have the responsibility to demonstrate that the proposed use will have minimum adverse impact on adjoining property and the surrounding neighborhood in terms of public health, safety, or general welfare.

C.

All applications submitted for conditional use permits shall show the nature and extent of the proposed use and development. If the proposed development is to be constructed in phases, all phases shall be shown at the time of the original application.

(Ord. No. 2025-01, § 1, 2-13-2025)

In addition to the requirements set forth in section 1-503, a conditional use permit application for a community-scale solar energy facility or utility-scale solar energy facility shall provide the following information:

A.

Project narrative:

1.

Identify the applicant, facility owner, site owner, and operator, known at the time of the application and provide property control or ownership documentation via lease, purchase option or deed.

2.

Describe the project including an overview, its location, years of operation; site area in acres; current site use; the projects compatibility with its surroundings and conformance to the adopted comprehensive plan.

3.

Address any impacts to nearby cultural/historical features.

4.

Explain setbacks, vegetated buffers, landscaping and the use of pollinator-friendly and wildlife-friendly native planting areas.

5.

Describe the existing and proposed access roads serving the project and address construction traffic management and control.

6.

Give construction and deconstruction hours of operation and address maximum noise levels and mitigation.

7.

Describe and provide renderings, including, but not limited to, 3D images, audio files, and site visits, of any glint, glare, or noise produced by any equipment and any necessary mitigation measures needed.

8.

Estimated time for construction and operations commencement.

9.

A list of materials utilized (i.e. aluminum, copper, glass, etc.) in construction of the facility and approximate percentages.

10.

Maximum electricity generation rated capacity.

11.

Approximate number and representative type, and expected footprint of solar equipment under construction, including number and types of photovoltaic panels; ancillary facilities.

12.

Where and how the transmission of electricity generated at the facility will occur, including the proposed location of electric grid interconnection.

13.

Applicant to submit a copy of the PJM Interconnection Application with the Conditional Use Permit Application.

B.

Concept development plan. The concept development plan shall conform to the preparation and submittal requirements of the County Code, including supplemental plans and submissions, and shall include the following information:

1.

Property lines and setbacks.

2.

Provide an area map showing the proposed site within a five-mile radius.

3.

Existing and proposed buildings and structures, including preliminary locations of the proposed solar equipment.

4.

Existing and proposed access roads, drives, turnout locations, permanent entrances, temporary construction entrances, cemetery locations and access and parking; Written confirmation from the Virginia Department of Transportation (VDOT) that all entrances satisfy applicable VDOT requirements.

5.

Location and heights of existing and proposed substations, electrical cabling from the solar systems to the substations, ancillary equipment, building, and structures (including those within any applicable setbacks).

6.

Fencing.

7.

Inverter locations.

8.

Identify areas where sufficient vegetative buffering exists or needs supplemental plantings, or new vegetation, and areas where pollinator-friendly and wildlife-friendly native plants, shrubs, trees, grasses, forbs, and wildflowers shall be planted following Virginia Pollinator-Smart Program best practices. All such vegetative areas shall require maintenance and replacement of dead or dying as necessary throughout the life of the project. All vegetative plantings shall be performed as part of the installation of fencing.

9.

The extent of existing, previously known wetlands and woodland the property.

10.

Identification of predominant soil types on the property.

11.

Scaled elevation views and simulations of proposed vegetative buffers at planting, and over five, ten, and 20-year periods, to assess their effectiveness in reducing visual impacts as taken from adjacent public rights-of-way and dwellings.

12.

Identification of project parcels located in residential growth areas as shown in the county's adopted comprehensive plan.

13.

Location of existing cemeteries, protection measures and access.

C.

Community impact assessment. An assessment of the impact on the immediate vicinity of the proposed solar energy facility as well as the greater the county community shall be prepared and submitted to the county with zoning map amendment and/or conditional use permit request and/or site plan approval request. The report shall be prepared by a professional acting within his or her competency, shall be presented in written form and shall analyze in specific terms the probable impact of the project on the vicinity and community over time. Specific attention, as may be appropriate to the individual proposal, should be given but not be limited to the following elements:

1.

Anticipated direct revenues to the county from real estate and personal property taxes.

2.

An assessment of employment opportunities to be created by the proposed development.

3.

An assessment of the short and long-term economic impact of the proposed development. If the development is replacing an existing enterprise, including agricultural and forestry, an assessment of the impact the current enterprise has on the local economy and how the local economy will be impacted by the loss of the existing enterprise.

4.

Fire, rescue, and law enforcement requirements as compared to existing capacities and facilities.

5.

Water, sewer and stormwater management needs as compared to existing capacities and facilities to address:

i.

Adequacy of existing utilities, water, sewer, public services and public facilities in the vicinity of the development.

ii.

Public and private improvements both offsite and onsite that are proposed for construction and a cost estimate for providing these improvements.

6.

Other public and quasi-public facility and service impacts including refuse collection and disposal systems intended to serve the development.

7.

Socioeconomic changes and impacts to result from the proposed development.

8.

The costs in both capital and operating funds of providing services to the proposed development.

9.

What efforts, if any, are proposed to mitigate the service demands or costs to the county. The board of supervisors may waive certain elements of the community impact assessment where the nature of the proposed development makes such elements inapplicable.

D.

Additional information as may be required, as determined by the zoning administrator, such as a historic resource impact analysis, an environmental resource impact analysis, a traffic impact analysis, a scaled elevation view and other supporting drawings, photographs of the proposed site, photo or other realistic simulations or modeling of the proposed solar energy project from potentially sensitive locations as deemed necessary by the planning and zoning administrator to assess the visual impact of the project, landscaping and screening plan, coverage map, and additional information that may be necessary for a technical review of the proposal.

E.

Technical review/fees. Applications for utility-scale solar energy projects shall require a technical review that will be conducted by a consultant selected by the county. Any fees associated with performance of this review will be paid by the applicant.

F.

Transportation and traffic control plan. The applicant or project owner shall prepare and submit such a plan to the Virginia Department of Transportation (VDOT) and the county for review and approval. Such plan shall address the following:

1.

Directing employee traffic and delivery traffic to specific roadways to access the property to minimize conflicts with local traffic patterns.

2.

Lane closures, flagging procedures, directional and informational signage.

3.

Designated routes for employees, deliveries or equipment and materials on secondary roads to the property.

4.

Designated delivery and parking areas.

5.

Dust control and mitigation, using water trucks, mulch, or similar methods.

6.

Measures necessary to prevent deposits of soil and mud onto adjacent roads from construction-related traffic.

7.

A pre-and post-construction road evaluation, an any necessary repairs to the public or private roads damaged by the project. If a traffic issue arises during the construction of the project, the applicant or project owner shall develop, with the input from the county and VDOT, a complete appropriate measures to mitigate the issue.

G.

Cultural/historic plan.

1.

The applicant shall provide a Phase 1A cultural resource assessment of the projects general impacts prepared by a Virginia qualified environmental professional. Such report shall contain a Virginia Cultural Resource Information System (VCRIS) desktop survey of the facility's property, and applicable documentation from the Virginia Department of Environmental Quality (DEQ), Department of Historic Resources (DHR), Department of Wildlife Resources (DWR), and the Department of Conservation and Recreation (DCR).

2.

At a minimum the desktop survey scope shall encompass the proposed site and all property within one mile and include previously performed surveys.

3.

Provide an environmental context.

4.

Provide a cultural context description.

5.

Provide assessment results.

6.

Conclusions and recommendations.

7.

A list of resources used and references.

H.

Landscaping and buffering plan.

1.

The plan shall address the vegetative buffering required, including the use of existing and newly installed vegetation necessary to buffer the facility from view. Such vegetative buffers shall be a minimum of 300 feet surrounding all utility-scale projects. Supplemental plantings must reach a minimum height canopy of 20 feet within ten years. The plan also must address the use and maintenance of pollinator-friendly and wildlife native plants, shrubs, trees, grasses, forbs, and wildflowers in the project area and in the setbacks and vegetative buffering following the Virginia Pollinator-Smart Program best practices.

I.

Community meeting requirement.

The applicant shall hold a public community meeting prior to the planning commission's public hearing with the planning commission to give the community an opportunity to hear from the applicant and ask questions regarding the proposed facility under the following guidelines:

a.

The applicant shall inform the zoning administrator and adjacent property owners in writing of the date, time and location of the meeting, at least seven but no more than 14 days in advance of the meeting.

b.

The applicant shall advertise the meeting notice in a newspaper of record in the county giving the meeting date, time and location at least seven but no more than 14 days, in advance of the meeting date.

c.

The meeting shall take place within the county, at a location open to the public with adequate parking and seating facilities that will accommodate persons with disabilities.

d.

The meeting shall give members of the public the opportunity to review application materials, ask questions of the applicant and provide feedback.

e.

The applicant shall provide to the zoning administrator a summary of any input received from members of the public at the meeting any responses.

(Ord. No. 2025-01, § 1, 2-13-2025)

A.

The commission shall review and make recommendations to the board concerning the approval or disapproval of any conditional use permit. No such recommendation shall be made until after a public hearing is held in accordance with Code of Virginia, § 15.2-2204, as amended. Posting of the property shall be in accord with section 1-600 of this ordinance. The commission shall base its recommendation upon the review of the submitted application materials, the specific and general criteria for the conditional use, public comment received at the hearing, and any additional provided by the administrator. In making a recommendation to the board, the commission may recommend any conditions necessary to insure that the proposal meets the specific and general standards for the proposed use. Any such conditions shall be related to the design, scale, use, or operation of the proposed conditional use. Where warranted, for the purpose of compliance with the general standards for conditional uses, such conditions may exceed the specific standards for the use found elsewhere in this ordinance.

B.

The board may grant or deny any applicant a conditional use permit after notice is given and a public hearing is held in accordance with Code of Virginia, § 15.2-2204, as amended. No action on any conditional use permit shall be taken until the board has received the recommendation of the planning commission. In granting a conditional use permit, the board may attach any conditions necessary to insure that the proposal meets the specific and general standards for the proposed use. Any such conditions shall be related to the design, scale, use, or operation of the proposed conditional use. Where warranted, for the purpose of compliance with the general standards for conditional uses, such conditions may exceed the specific standards for the use found elsewhere in this ordinance.

(Ord. No. 2025-01, § 1, 2-13-2025)

A.

Within 90 days from the date that the proposed conditional use permit application is referred to the commission, unless a longer period shall have been established by mutual agreement between the board and the commission in a particular case, the commission shall review the proposed application and report its findings and recommendation to the board along with any appropriate explanatory materials. Failure of the commission to report to the board within 90 days shall be deemed a recommendation of approval. If the commission does not report within 90 days, the board may act on the application without the recommendation of the commission.

B.

The board shall hold a public hearing and approve, approve with conditions imposed by the board or deny any conditional use permit application within 12 months after receiving the commission's recommendation. Failure to act on any permit within this 12-month period shall be deemed denial of the permit.

C.

Any conditional use permit approved under this ordinance shall expire after two years from the date of approval if no substantial construction has taken place in accordance with the plans for which such variance was granted, unless the board grants a longer period of time for good cause shown.

D.

If any conditional use permit application is withdrawn at the request of the applicant subsequent to the commission's recommendation on the permit, or if the board denies any application submitted for its review, the county shall not consider any application for the same conditional use, on the same property, within one year of the permit withdrawal or the board's action.

(Ord. No. 2025-01, § 1, 2-13-2025)

Any use listed as requiring approval of a conditional use legally existing at the effective date of the regulations of this article shall be considered a nonconforming use. Any use approved as a conditional use under a previous ordinance shall remain in place and full force under the provisions of the previous ordinance unless an alternative use is made of the property at which time the conditional use permit shall be void.

(Ord. No. 2025-01, § 1, 2-13-2025)

A.

Whenever the public necessity, convenience, general welfare, or good zoning practice require, the board may, by ordinance, amend, supplement, or change these regulations, district boundaries, or classifications of property. Any such amendments may be initiated by:

1.

Resolution of the board, or;

2.

Motion of the commission, or;

3.

Petition of the owner, contract purchaser with the owner's written consent, or the owners agent thereof, of the property which is the subject of the proposed zoning map amendment.

Any petition submitted shall be in writing and shall be addressed to the administrator, board or commission.

B.

The administrator shall establish and maintain the amendment application materials. These application materials shall, at a minimum, include any information the administrator deems necessary for the commission and board to adequately evaluate the amendment request.

C.

The administrator shall not accept any amendment application for a lot or parcel that does not comply with the minimum lot area, width, or frontage requirements of the requested zoning district. In such situations, the applicant shall first seek a variance from the board of zoning appeals. If a variance is granted, the administrator shall thereafter accept the amendment application for the consideration of the commission and board.

D.

Applications for a change in zoning shall not be allowed to be withdrawn from consideration after first notice of a public hearing thereon has been published.

E.

If any amendment application is withdrawn at the request of the applicant subsequent to the commission's recommendation on the application, or if the board denies any amendment application submitted for its review, the county shall not consider substantially the same application for the same property within one year of the application's withdrawal or the board's action. The administrator shall have the authority to determine whether new applications submitted within this one-year period are substantially the same. In making any such determination the administrator shall have the authority to consider any items pertaining to the proposed use or development of the site such as, but not limited to, the uses proposed, densities, access, building locations, and overall site design.

(Ord. No. 2025-01, § 1, 2-13-2025)

A.

All proposed amendments to the zoning ordinance shall be referred by the board to the commission for study and recommendation. The commission shall study proposals to determine:

1.

The need and justification for the change.

2.

When pertaining to a change in the district classification of property, the effect of the change, if any, on the property, surrounding property, and on public services and facilities. In addition, the commission shall consider the appropriateness of the property for the proposed change as related to the purposes set forth at the beginning of each district classification.

3.

The relationship of the proposed amendment to the purposes of the general planning program of the county, with appropriate consideration as to whether the change will further the purposes of this ordinance and the general welfare of the entire community.

4.

Whether the proposed amendment conforms to the general guidelines and policies contained in the county comprehensive plan.

B.

Prior to making any recommendation to the board on a proposed amendment to the zoning ordinance, the commission shall advertise and hold a public hearing in accord with the provisions of Code of Virginia, § 15.2-2204, as amended. The cost of all public advertisements shall be the responsibility of the applicant.

C.

The commission shall review the proposed amendment and report its findings and recommendations to the board along with any appropriate explanatory materials within 90 days from the date that the proposed zoning ordinance amendment is referred to the commission, unless an extension of time is approved by the applicant in writing and approved by motion of the board. Failure of the commission to report to the board within 90 days without an extension shall be deemed a recommendation of approval. If the commission does not report within 90 days without an extension, the board may act on the amendment without the recommendation of the commission.

D.

Any recommendation of the commission shall be deemed advisory, and shall not be binding on the board.

(Ord. No. 2025-01, § 1, 2-13-2025)

A.

Before enacting any proposed amendment to the zoning ordinance, the board shall hold a public hearing as required by Code of Virginia, § 15.2-2204, as amended. The cost of all public advertisements shall be the responsibility of the applicant. After holding this hearing, the board may make appropriate changes to the proposed amendment; provided however that no land may be zoned to a more intensive use classification than was contained in the public notice without an additional public notice as required by Code of Virginia, § 15.2-2204.

B.

The clerk of the board shall transmit to the administrator official notice of any board action modifying the zoning ordinance. The administrator shall thereafter have the responsibility to make any necessary and appropriate changes to the zoning ordinance text or map.

C.

Any zoning amendment approved by the board of supervisors shall be recorded in accordance with section 1-515.A, Records of conditions below.

(Ord. No. 2025-01, § 1, 2-13-2025)

A.

In accordance with the authority granted to Surry County pursuant to Code of Virginia, § 15.2-2298, as amended, the owner of property for which an amendment is requested may voluntarily proffer in writing reasonable conditions, in addition to the applicable regulations for the requested zoning district. All proffered conditions must be signed by the owner of the property.

B.

Surry County's acceptance of proffers pursuant to this authority shall be in accord with the procedures and standards contained in Code of Virginia, § 15.2-2298, as amended.

C.

All conditions proffered by the owner shall meet the following standards:

1.

The rezoning itself must give rise for the need for the conditions.

2.

The conditions shall have a reasonable relation to the rezoning.

3.

The conditions shall be in conformity with the comprehensive plan.

4.

The conditions must be clearly understood and enforceable.

5.

The conditions must not require or allow a design or standard that is less restrictive than the general provisions of this ordinance.

D.

Any such conditions should be submitted prior to the start of the commission's public hearing on the amendment. All conditions shall be submitted prior to the start of the board's public hearing, and shall also be submitted in accord with any adopted board policy pertaining to the submittal of proffers. If proffered conditions which substantially modify the nature or impact of the proposed use are made by the owner after the commission's recommendation on the amendment, the board may refer the request back to the commission for further review and action. The commission shall have the authority to schedule a new public hearing for any request so referred. The applicant shall be responsible for all advertising costs associated with the new public hearing.

E.

The commission and the board shall not be obligated to accept any or all of the conditions made by the property owner.

(Ord. No. 2025-01, § 1, 2-13-2025)

A.

The administrator shall be vested with all necessary authority on behalf of the board to administer and enforce conditions attached to a rezoning or amendment to a zoning map, including:

1.

The ordering in writing of the remedy of any noncompliance with such conditions.

2.

The bringing of legal action to insure compliance with such conditions.

3.

Requiring a guarantee, satisfactory to the administrator in an amount sufficient for and conditioned upon the construction of any physical improvements required by the conditions, or a contract for the construction of such improvements, and the contractor's guarantee, in like amount and so conditioned, which guarantee shall be reduced or released by the administrator upon the submission of satisfactory evidence that construction of such improvements has been completed in whole or in part.

B.

Failure of a property owner to meet all conditions accepted by the board shall constitute cause to deny approval of a site development plan, or deny issuance of a zoning permit, building permit, or certificate of zoning compliance, as may be appropriate.

(Ord. No. 2025-01, § 1, 2-13-2025)

A.

An official copy of the proffered conditions signed by the property owner(s) and as approved by the board of supervisors shall be recorded within 180 days of approval in the land records in office of the clerk of court in a form approved by the county attorney. Failure to record the proffered conditions within this time period shall automatically nullify the zoning action of the board of supervisors and shall require reinitiating of the amendment process.

B.

The zoning map shall show by an appropriate symbol on the map the existence of conditions attached to the zoning on the map. The administrator shall keep and make available for public inspection a conditional zoning index. The index shall provide ready access to the proffered conditions in addition to the regulations provided for in a particular zoning district or zone.

(Ord. No. 2025-01, § 1, 2-13-2025)

Any zoning applicant, or any other person aggrieved by a decision of the administrator made pursuant to the provisions of section 1-513, may petition the board for the review of the decision of the administrator. All such petitions for review shall be filed with the administrator within 30 days from the date of the decision for which review is sought. All such petitions shall specify the grounds upon which the petitioner is aggrieved.

(Ord. No. 2025-01, § 1, 2-13-2025)

A.

Any request by an applicant to amend conditions that were voluntarily proffered and accepted by the board shall be considered an amendment to the zoning ordinance.

B.

There shall be no amendment or variation of conditions created pursuant to the provisions of this ordinance until after a public hearing by the commission and board advertised pursuant to the provisions of Code of Virginia, § 15.2-2204, as amended. The cost of all public advertisements shall be the responsibility of the applicant.

C.

In determining the reasonableness and acceptability of voluntary proffers, the board of supervisors of Surry County, Virginia, will consider the most recent resolution and its supporting study pertaining to cash proffers, as a guide together with the most current capital improvements plan of Surry County, Virginia.

(Ord. No. 2025-01, § 1, 2-13-2025)

A.

Publication of notice. The administrator, upon acceptance of any completed application, shall cause a notice of the public hearing to be published. Public newspaper notice of the time and place of such hearing, together with a summary describing the proposed application shall be published in at least one newspaper of general circulation in Surry County once each week for two successive weeks in accordance with Code of Virginia (1950), § 15.2-2204(A), as amended.

B.

Written notice to adjoining and surrounding property owners.

1.

Before an application may be heard at any public hearing, a complete and accurate list of the names and addresses of the owners of all the lands adjoining and within a radius of 200 feet of the property affected by such application shall be prepared by the administrator. This list shall be based on the latest available ownership information available from the commissioner of revenue's office.

2.

The administrator shall send, by mail, to each owner shown on said list, at least ten days before the date set for a hearing upon such application, a notice addressed to such owners generally, identifying the property affected thereby, the nature of the proposed application, and the date, hour and place fixed by the for the public hearing.

C.

Other written notices.

1.

When any proposed amendment of a zoning district boundary, special exception or conditional use permit application lies within one-half mile of a county or municipal boundary, notice of the proposal, together with the date, time, and place of the public hearing thereon, if such hearing has been scheduled, shall be forwarded to the planning commission, if such exists, or the governing body of the adjacent county or municipality in order to give such jurisdiction an opportunity to appear at the hearing or express its opinion on the effect of said boundary change.

2.

In the case of a condominium or a cooperative, the written notice shall be mailed to the unit owners' association or proprietary lessees' association, respectively, in lieu of each individual unit owner.

3.

All other written notice requirements contained in Code of Virginia, § 15.2-2204, shall be met, where applicable.

D.

Posting of signs.

1.

In addition to notice of public hearings as required by the applicable statues of the Commonwealth of Virginia, the applicant for rezoning of property, conditional use or special exception permits and variances, shall erect on or immediately adjacent to such property a sign or signs as specified herein giving public notice of the zoning action required.

2.

The sign must meet the following criteria:

a.

The wording, size and color of such sign shall be as specified by the administrator and approved by the board of supervisors.

b.

One sign shall be erected so as to be visible and legible to each abutting public street. Where the property has extensive road frontage, one sign shall be erected for each 500 feet of frontage. When a property has no frontage directly on a public street, it shall be posted adjacent to the nearest public street from which future access is contemplated.

c.

Such signs shall be erected not less than seven calendar days before any public hearing of which they give notice and removed by the applicant within two days after the final public hearing before the action of the board of supervisors on said application.

3.

Such signs shall be required for each public hearing at which the application is considered. It shall be unlawful for any person to pull down, write on, cut or otherwise injure or deface such public notice, which will constitute violation of this ordinance.

a.

The applicant shall be responsible for the maintenance or replacement of signs obliterated or destroyed during the posting period.

b.

The administrator may require the applicant to deposit with the county a cash bond equal to the replacement value of the sign(s).

4.

The following exemptions shall apply to the provisions for posting of signs:

a.

The posting of property shall not be required for any action initiated by a resolution of the board, if the action encompasses more than 26 parcels of land.

b.

Vandalism or unauthorized removal of the signs prior to any public hearing shall not violate the public notice intent of section 1-601.D. The administrator shall have the responsibility for determining whether or not the signs have been vandalized.

E.

The additional requirements for public notice and posting on the property is for the benefit of the public to identify the location of the property in question only and to have advanced knowledge of a hearing and is not a legal requirement of notice and the failure to comply with the provisions herein shall not defeat the action of the board of supervisors concerning the application. The only legal notice requirements shall be those provided by the statutes of the Commonwealth of Virginia.

A.

The board of supervisors, planning commission or board of zoning appeals may require any applicant for a special exception, or a conditional use permit, amendment to the zoning ordinance or variance to make complete a disclosure of the equitable ownership of the real estate to be affected including, in the case of corporate ownership, the name of the stockholders, officers, and directors, and in any case the names and addresses of all the real parties of interest. However, the requirement of listing names of stockholders, officers and directors, shall not apply to a corporation whose stock is traded on a national or local stock exchange or having more than 500 shareholders.

B.

The board of supervisors, planning commission or board of zoning appeals may require petitions brought by property owners or their agents, (including contract purchasers) shall be sworn to before a notary public or other official before whom oaths may be taken stating whether or not any member of the local planning commission or governing body has any interest in such property, either individually, by ownership or stock in a corporation owning such land, partnership, as the beneficiary or a trust, or the settlor of a revocable trust, or whether a member of the immediate household of any member of the planning commission or governing body has any such interest.

A.

No member of the board of supervisors, planning commission, board of zoning appeals, or board of historic and architectural review shall participate in the deliberations or vote on any ordinance, resolution, motion, or other proceedings involving any matter in which he, a member of his immediate family, his partner or agent has a financial interest other than as an owner of not more than five percent of the stock of a corporation, or as a citizen of the county.

If such interests exist, it shall be the duty of such member to take no part in the deliberations with regard to such matters.

B.

The provisions of this section do not apply to adoption of a comprehensive zoning plan or ordinance applicable throughout the county.

A.

Within the zoning districts established by this ordinance, or by future amendments which may later be adopted, there exist, or may exist lots, parcels, structures, uses of land and structures, and characteristics of site design and/or use, which were lawful before this ordinance was adopted or amended, but which would be prohibited under the terms of this ordinance, or future amendment. Such structures, uses, and characteristics, or any combination thereof, are considered nonconformities, and are hereby declared by the board to be inconsistent with the character of the districts in which they occur.

B.

Nonconformities are permitted to remain until removed, discontinued, or changed to conform to the provisions of this ordinance. It is the intent of this ordinance that the conthuance of nonconformities should not be indefinite, and that the nonconforming uses, structures, or characteristics should gradually be removed.

C.

Nothing shall be construed to grant conforming status to uses or structures that existed as legal nonconforming uses prior to the adoption of this section or amendment thereto, unless such uses and structures now conform to all applicable provisions of this ordinance.

A.

Pursuant to Code of Virginia, § 15.2-2307, nothing in this ordinance shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of this ordinance, or amendments thereto, and upon which actual building construction was carried out diligently. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing building has begun in preparation for rebuilding, such activities shall be deemed actual construction provided the work has been carried out diligently.

A.

Where, at the effective date of this ordinance, or amendment thereto, lawful use exists of buildings, structures or land, individually or in combination, which use is no longer permissible under the terms of this ordinance as enacted or amended, such use may be continued provided:

1.

The use is not discontinued for more than two years, or;

2.

The use is not converted or replaced, in whole or in part, by a use permitted in the district regulations, or;

3.

The buildings or structures containing the nonconforming use are maintained in their then structural condition.

If buildings or structures containing a nonconforming use are enlarged, extended, reconstructed, or structurally altered, or if a nonconforming use of land is enlarged or expanded in area, the use of the building, structure or land shall legally conform to the regulations of the zoning district in which they are located.

B.

No nonconforming use shall be enlarged, intensified or increased, nor intensified to occupy a larger structure or building than was occupied at the effective date of adoption or subsequent amendment of this ordinance.

C.

No nonconforming use shall be moved in whole or in part to any portion of the lot or parcel unoccupied by such use at the time of the adoption or subsequent amendment of this ordinance.

D.

No building or structure not conforming to the requirements of this ordinance shall be erected in connection with the nonconforming use of land.

E.

Where nonconforming use status applies to a building or structure, removal of the building or structure, or damage from any cause to an extent of more than 50 percent of replacement cost at the time of the damage shall eliminate the nonconforming status of the building or structure or land.

F.

Any legally established use which existed prior to the adoption of this ordinance, or any subsequent amendments, shall not be considered a nonconforming use where a special exception or conditional use permit is now required for establishment of such use. The use shall be allowed to continue operation, as well as reconstruct or structurally alter the building or structure without the necessity of obtaining a special exception or conditional use permit. However, approval of a conditional use permit shall be required, in accordance with section 1-501, when either of the conditions below is present, in the opinion of the administrator.

1.

There is a 20 percent or greater net increase in the square footage of the use or structure proposed for expansion or enlargement; or,

2.

The expansion or enlargement will substantially alter the site design and layout as it relates to circulation, parking or other site characteristics so as to adversely effect surrounding properties.

G.

Nothing in this section shall be construed to prevent the land owner or home owner from removing a valid nonconforming manufactured home from a mobile or manufactured home park and replacing that home with another comparable manufactured home that meets the current HUD manufactured housing code. In such mobile or manufactured home park, a single-section home may replace a single-section home and a multi-section home may replace a multi-section home. The owner of a valid nonconforming mobile or manufactured home not located in a mobile or manufactured home park may replace that home with a newer manufactured home, either single- or multi-section, that meets the current HUD manufactured housing code. Any such replacement home shall retain the valid nonconforming status of the prior home.

A.

Where a lawful building or structure exists at the time of passage or amendment of this ordinance, which could not be built under the terms of this ordinance by reason of restrictions on area, bulk, lot coverage, height, yards, or other characteristics of the building or structure, or its location on a lot, such building or structure may be continued so long as it remains otherwise lawful provided:

1.

No building or structure shall be enlarged in any way which increases or extends its nonconformity.

2.

Any building or structure which is damaged by any means to an extent of less than 50 percent of its replacement cost at the time of damage, may be reconstructed to eliminate or reduce the nonconforming features to the extent possible, without the need to obtain a variance as required in section 1-305 of this ordinance.

3.

Any building or structure which is damaged by any means to an extent of more than 50 percent of its replacement cost at the time of damage, shall be reconstructed only in conformity with the provisions of this ordinance as permitted by law, and in particular the requirements of the Flood Plain District and the requirements of the Uniform Statewide Building Code.

4.

Any building or structure which is moved for any reason or for any distance shall thereafter conform to the regulations for the district in which it is located after it is moved.

A.

If a zoning permit is requested for any type of modification to an existing structure or site, no legal non-conforming site design planned, approved and constructed prior to the adoption of this ordinance shall be required to comply in full with the provisions of this ordinance. Only those site improvements directly related to or affected by the modified use, structure or activity shall be required to comply in full with the provisions of this ordinance.

A.

A lot of record that is nonconforming due to lack of adequate frontage, width, depth, or area may be developed, provided the development proposed on the lot is in accordance with the applicable use and design standards contained in the district regulations.

B.

Any lot of record that is nonconforming because it has no public street frontage may be developed, or an existing structure on the lot may be expanded, provided the county reviews and grants a special exception permit for the proposed development, expansion, and use in accord with the standards and procedures contained in section 1-304 of this ordinance. This provision shall not apply to the use and development of such parcels for any agricultural and forestry use type.

A.

In a residence district where any sign does not comply with the provisions of this ordinance, such sign and any supporting structures may be maintained but shall not be replaced, reconstructed, moved, structurally altered, or relighted except in compliance with the provisions of this ordinance and may continue in use unless subject to removal under other provisions of this ordinance. Removal, replacement, reconstruction, moving or structural alteration for any cause whatsoever shall be considered as loss of nonconforming status.

B.

Supporting structures for nonconforming signs may continue in use for a conforming sign if said support structures comply in all respects to the applicable requirements of these regulations and other codes and ordinances.

C.

No permits for additional signs shall be issued for any premises on which there are any nonconforming signs.

A.

Approved or pending zoning permits, building permits or site plans.

1.

The requirements of this ordinance shall not apply to any structure or use established pursuant to a building permit issued prior to the effective date of this ordinance.

2.

No building permit which was lawfully issued prior to the original effective date of this ordinance and which is in full force and effect at said date shall be invalidated by the passage of this ordinance, provided that all such permits shall expire not later than six months from the effective date of this ordinance, unless actual construction has begun pursuant to the terms of said permit. See section 1-203.E, for further explanation of permit expiration.

3.

The requirements of this ordinance shall not apply to any structure or use proposed to be established pursuant to a site plan or building permit application pending as of the effective date of the ordinance, provided the following conditions are met:

a.

The requirements of the former Surry County Zoning Ordinance adopted and amendments thereof shall be met;

b.

The building permit is issued within 90 days after the effective date of this ordinance;

c.

For the purpose of this section, a pending site plan or building permit application that does not contain all of the required information for a site plan approval shall not meet the intent of this section.

B.

Approved and pending preliminary subdivision plats.

1.

The requirements of this ordinance shall not apply to lots shown on a preliminary subdivision plat approved by the board of supervisors as of the effective date of this ordinance, provided the subdivider submits a final subdivision plat for all or a portion of the property within one year of such approval and thereafter diligently pursues approval of the final subdivision plat.

2.

The requirements of this ordinance shall not apply to lots shown on a preliminary subdivision plat pending approval as of the effective date of this ordinance, provided the following conditions are met:

a.

The requirements of the former Surry County Zoning Ordinance and amendments thereof shall be met.

b.

The preliminary subdivision plat is approved by the board of supervisors or the subdivision agent, as may be required, within 90 days from the effective date of this ordinance. This time period may be extended by the board of supervisors upon written request.

c.

A final subdivision plat is submitted for all or a portion of the property within one year of such approval and thereafter the subdivider diligently pursues approval of the final subdivision plat.

C.

Board of zoning appeals approvals.

1.

The requirements of this ordinance shall not apply to any variance granted by the board of zoning appeals pursuant to the former ordinance as amended, provided any activity or development authorized by such approval shall commence within six months of the effective date of this ordinance.

2.

The requirements of this ordinance shall not apply to any case pending before the board of zoning appeals or courts of this state, provided that any activity or development authorized by the approval of any case shall commence within six months of the effective date of the board or court decision.