A.

In order to accomplish the purposes of this ordinance the following base zoning districts are established:

B.

The following districts are created as special overlay districts to be superimposed on the base districts established in [subsection] A. above. Special overlay zoning districts are designed to provide an additional layer of zoning regulations beyond those restrictions provided for in the base zoning district. Such regulations are intended to address a particular and unique aspect of land use as stated in the purpose of the district and serve to supplement the base zoning standards.

The permitted uses, density, lot requirements, height, bulk and yard requirements and other requirements maximum height, and accessory uses and accessory signs shall be determined by those base districts except as may be modified by the regulations of these special overlay districts.

(Ord. No. 2024-01, 1-4-2024)

The district classification shall be as shown on the map or maps designated as the "Zoning Map of Surry County, Virginia", dated, and signed by the chairman of the board of supervisors and attested by the county clerk, upon adoption. This zoning map or maps, and all notations, dimensions, references, and symbols shown thereon, pertaining to such districts shall be as much a part of this ordinance as if fully described in this ordinance.

This map together with subsequent applicable amendments shall be conclusive as to the current zoning status of land.

Information copies of the zoning map(s) shall be made available for inspection at the office of the administrator and such other locations as may be necessary or convenient. These maps shall be revised as described above, to show changes in zoning district boundaries as officially approved. New streets, highways, subdivisions, major governmental installations, public lands, and other major features shall be shown.

Drafting errors or omissions may be corrected, but no changes in zoning district boundaries may be made except to show amendments properly adopted by the board of supervisors.

Any person desiring a copy of any sheet of said zoning district map shall pay a reasonable fee as established by the administrator for each copy thereof, to the appropriate county official. Such fees shall be applied to defray the cost of revising and printing of the district map.

A.

A district name or letter-number combination shown on the district maps indicates that the regulations pertaining to the district designated by that name or letter-number combination extend throughout the whole area in the county bounded by the district boundary lines within which such name or letter-number combination is shown or indicated, except as otherwise provided by this section.

B.

Where uncertainty exists with respect to the boundaries of the various districts as shown on the map accompanying and made a part of these regulations, the following rules apply:

1.

In cases where a boundary line is within a street or alley, navigable or non-navigable stream, it shall be deemed to be in the center of the right-of-way of the street, alley, or stream, and if the actual location of such street, alley, or stream varies slightly from the location as shown on the district map, then the actual location shall control.

2.

In cases where a boundary line is shown as being located a specific distance from a street line or other physical feature, this distance shall control.

3.

Where the district boundaries as shown on the zoning district maps approximately coincide with lot lines or county limit line, the lot lines or county limit line shall be construed to be the district boundary line unless otherwise indicated.

4.

In cases where district boundaries as shown on the zoning district maps do not coincide or approximately coincide with street lines, alley lines or lot lines, and no dimensions are shown, the location of such district boundary lines shall be determined by the use of the scale appearing on the map.

All areas within Surry County that are under water are considered to be within a zoning district and controlled by applicable district regulations. District boundaries over water areas are located by noted or scaled dimensions, by relation to physical features, by coincidence with county limits, or by a straight line projection of the district boundaries as indicated on the district maps. Straight-line district boundaries over water areas shall be assumed to continue as straight lines until they intersect with each other or with the county boundary.

If, because of error or omission in the zoning district map or any adjustments in boundary lines or areas designated as unincorporated, any property in the jurisdiction of this ordinance is not shown as being in a zoning district, such property shall be classified A-R, Agricultural-Rural Residence District until changed by the board of supervisors in accordance with this ordinance.

The purpose of this district is to establish an exclusive district for agriculture and forestry where few other unrelated uses are permitted or encouraged, including residential uses. This district, unlike traditional agriculture districts, is intended primarily for agriculture and forestry uses recognizing that modern agriculture and forestry practices are heavily mechanized with usage of a variety of chemicals during production and harvesting and are therefore not desirable places for residential uses, just as an industrial park is undesirable for a residence. As such, agriculture and forestry in this district is "king" and the "right to farm" is clearly established as public policy.

However, certain standards are established to protect and buffer other property owners in this district and owners in adjoining districts from particularly intensive farm operations.

While preserving the more valuable, productive and intensive operations, it is important to allow a landowner to make some reasonable economic return from the use and sale of their land. However, land divisions for residential use are substantially limited and buffers with adjoining farm and forestry properties are further emphasized. In addition, basic community objectives such as preserving prime agricultural lands and discouraging strip residential development along the primary and secondary roads in the county continue to be important objectives.

Finally, it is the purpose of this district to be applied to areas in the county where the board of supervisors has established other programs that are supportive of agriculture and forestry. This might include adoption of agricultural and forestal districts, use value taxation, designation by the state of Century Farms and similar programs that are a benefit to the farm community.

(Ord. No. 2024-08, 12-5-2024)

A.

The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards are listed in article IV, Use and design standards, for those specific uses.

AGRICULTURAL USES

Agriculture*

Confined animal feeding operation (CAFO)*

Farm employee housing*

Greenhouse, private

Roadside stand*

Sawmill*

Silvicultural activities*

Stable, commercial*

Stable, private*

RESIDENTIAL USES

Accessory apartment*

Dwelling, single-family, detached

Dwelling, single-family, farm

Family day care home

Group home

Guest house

Home occupation, community*

Home occupation, rural*

Kennel, private

Temporary emergency housing*

CIVIC USE TYPES

Cemetery*

Public park and recreational area

Religious assembly*

Utility service/minor

COMMERCIAL USE TYPES

Agricultural service*

Studio, fine arts

Taxidermy*

MISCELLANEOUS USE TYPES

Amateur radio tower*

Hunt club

Hunting preserve

Outdoor gathering*

Turkey shoot*

Windmill*

B.

The following uses are allowed only by special exception from the board of zoning appeals pursuant to section 1-304. An asterisk (*) indicates additional, modified or more stringent standards are listed in article IV, Use and design standards, for those specific uses.

RESIDENTIAL USES

Manufactured home, family member residence*

Manufactured home, temporary residence*

COMMERCIAL USE TYPES

Veterinary hospital/clinic

INDUSTRIAL USE TYPES

Convenience center

Custom manufacturing*

MISCELLANEOUS USE TYPES

Communication tower*

C.

The following uses are allowed only by conditional use permit from the board of supervisors pursuant to section 1-501. An asterisk (*) indicates additional, modified or more stringent standards are listed in article IV, Use and design standards, for those specific uses.

COMMERCIAL USE TYPES

Event center

Kennel, commercial*

Livestock auction market*

INDUSTRIAL USE TYPES

Mining*

MISCELLANEOUS USE TYPES

Alternate discharge sewage system*

Aviation facility, private

Reconstructed wetland*

Shooting range, outdoor*

(Ord. No. 2013-01, Att., 9-5-2013; Ord. No. 2024-08, 12-5-2024)

The following standards shall apply to the building of any structure on lots within this district:

A.

Maximum building height:

1.

All principle buildings: 2½ stories but not to exceed 35 feet.

2.

Buildings accessory to a single family residence: No more than the height of the principle building.

B.

Minimum front yard setbacks:

1.

On existing public roads: 100 feet.

2.

On new subdivision roads: 50 feet.

3.

Accessory structures shall only be allowed in the side or rear yard (behind the front face of the principle building) or on lots greater that two acres, 150 feet from a public road.

C.

Minimum side yard setback:

1.

On existing public roads: 25 feet.

2.

On new subdivision roads: 20 feet.

3.

Accessory structures: 20 feet.

D.

Minimum rear yard setback:

1.

Principle structures: 50 feet.

2.

Accessory structures: 20 feet.

E.

Maximum size of accessory building: Accessory structures shall not exceed four percent of the lot area not to exceed 5,000 square feet unless a special use permit is approved by the BZA.

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

The purpose of this district is to protect and conserve agricultural and forest lands in large enough tracts that will have the greatest probability of preserving the rural character and heritage of the community and serve as a working-and-living landscape in perpetuity. These agricultural and forest lands, and in particular the family farms, have framed the way of life and local economy for generations and should continue to play an important role in the county.

While preserving the rural heritage is critical, it is also important to enable each landowner with the ability to make a reasonable economic return from the use and future use and sale of their land. This should be accommodated without compromising basic community objectives such as preserving prime agricultural lands and discouraging strip residential development along the primary and secondary roads in the county. And while some uses might best be located in a rural area due to their characteristics, not all uses are necessarily appropriate throughout the community or this district. Therefore, many uses require additional approvals from the county before they can be established. In addition, large residential developments are prohibited. Ultimately, however, those areas devoted to residential and other non-rural uses should meet the needs and desires of those who choose to live and work in a rural area.

(Ord. No. 2024-08, 12-5-2024; Ord. No. 2025-02, 4-3-2025)

A.

The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards are listed in article IV, Use and design standards, for those specific uses.

AGRICULTURAL USES

Agriculture*

Farm employee housing*

Greenhouse, private

Roadside stand*

Sawmill*

Silvicultural activities*

Stable, commercial*

Stable, private*

RESIDENTIAL USES

Accessory apartment*

Dwelling, single-family, detached

Dwelling, single-family, farm

Family day care home

Group home

Guest house*

Home occupation, community*

Home occupation, rural*

Kennel, private*

Manufactured home, Class A

Manufactured home, Class B

Temporary emergency housing*

CIVIC USE TYPES

Camp*

Cemetery

Club

Community center

Community recreation

Cultural service

Day care center

Park and ride facility

Post office

Public facilities

Public maintenance facility*

Public park and recreational area

Religious assembly

Utility service/minor

COMMERCIAL USE TYPES

Agricultural service*

Antique shop

Construction office, temporary

Golf course

Real estate office, temporary

Studio, fine arts

Taxidermy*

MISCELLANEOUS USE TYPES

Amateur radio tower*

Hunt club

Hunting preserve

Outdoor gathering*

Parking facility

Turkey shoot*

Windmill*

B.

The following uses are allowed only by special exception from the board of zoning appeals pursuant to section 1-304. An asterisk (*) indicates additional, modified or more stringent standards are listed in article IV, Use and design standards, for those specific uses.

RESIDENTIAL USES

Manufactured home, family member residence*

Manufactured home, temporary residence*

CIVIC USES

Day care center

COMMERCIAL USE TYPES

Campground, workforce*

Office, general

Taxidermy

Veterinary hospital/clinic

INDUSTRIAL USE TYPES

Contractor's yard*

Convenience center*

Custom manufacturing*

MISCELLANEOUS USE TYPES

Communication tower*

C.

The following uses are allowed only by conditional use permit from the board of supervisors pursuant to section 1-501. An asterisk (*) indicates additional, modified or more stringent standards are listed in article IV, Use and design standards, for those specific uses.

RESIDENTIAL USES

Dwelling, multifamily conversion*

Manufactured home park*

Manufactured home subdivision*

CIVIC USE TYPES

Battery energy storage system*

Child care institution

Correctional facility

Crisis center

Educational facility

Halfway house

Nursing home

Rehabilitation service

Utility service/major*

COMMERCIAL USE TYPES

Auction establishment

Bed and breakfast*

Camp*

Campground*

Commercial outdoor recreation

Kennel, commercial

Livestock auction market*

Lumber yard

Marina

Motor vehicle repair service/minor

Motor vehicle repair service/major

INDUSTRIAL USE TYPES

Landfill*

Mining*

Power plant

Scrap and salvage service*

Transfer station

MISCELLANEOUS USE TYPES

Alternate discharge sewage system*

Aviation facility, commercial*

Aviation facility, private*

Reconstructed wetland*

Shooting range, outdoor*

(Ord. No. 2013-01, Att., 9-5-2013; Ord. No. 2023-03, 2-2-2023; Ord. No. 2024-08, 12-5-2024; Ord. No. 2025-02, 4-3-2025)

No more than 15 lots of less than three acres in area in a proposed subdivision shall be permitted from any parcel of record as of September 4, 1975. The creation of a series of subdivisions of 15 lots or less shall not be used as a device to subvert the intent of this section.

A.

All residential uses, including those in a cluster development, shall comply with the following additional requirements:

1.

The building site shall comply with the following general standards:

a.

All floodplains, wetlands, and steep slopes shall be protected from clearing, grading, filling, or construction, except as may be approved by the Administrator for essential infrastructure.

b.

The layout shall be designed to preserve and maintain existing tree lines between fields or meadows, pastures, meadows, orchards, and mature woodlands.

c.

The layout shall be designed to minimize development on open fields and pastures, and building sites shall be located on the least productive agricultural lands.

d.

Existing views from public thoroughfares shall be preserved.

e.

The layout shall be designed to avoid important historic, archaeological, or cultural sites.

2.

A residential use on a lot of less than ten acres and located in an agricultural field or pasture, shall meet the following additional criteria:

a.

That the property has not been in the Agricultural Use Value program pursuant to Code of Virginia, § 58.1-3230 and 58.1-3231, during the past five years. If the property has been in such a program all penalties and interest payments that may be due the county have been paid by the owner/applicant.

b.

The layout shall meet at least one of the following criteria:

i.

That the crop land has not historically produced high agricultural yields relative to other soils in the county or the field is of irregular shape, such that traditional cultivation methods are not efficient, in the opinion of a qualified public agency based upon factual information such as crop yield reports; or,

ii.

The slope of the land is ten percent or more and generally not suitable for best agricultural use, yet is not in excess of 25 percent so as to be unsuitable for construction without extensive grading; or,

iii.

That the location of the dwelling, in relation to the lot, and is such that the pattern of cultivation would not be seriously disrupted; or,

iv.

That land of equal area and agricultural quality has been or will be cleared and placed in agricultural use on the same farm prior to issuance of an occupancy permit; or,

v.

That no reasonable alternatives exist for placement of a dwelling on the property in question, either because of physical conditions of the property or the size and dimensions of the property.

If creation of a new lot or lots is involved for placement of said non-farm dwelling, said lot or lots shall be subjected to the same review as for the dwelling and shall not be sold or recorded until approved under his section.

B.

In the event that administrator denies an application based upon any of the criteria above, the applicant may appeal the decision to the board of zoning appeals in accordance with the procedures of an administrative appeals as described in section 1-303 of this ordinance.

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

The following standards shall apply to the creation of new lots under this ordinance:

A.

Minimum lot area:

1.

On existing public roads: One acre (43,560 square feet), unless a greater area is required by the health department for well and septic.

2.

On new subdivision roads: 30,000 square feet, unless a greater area is required by the health department for well and septic.

B.

Minimum lot width:

1.

On existing primary and secondary public roads: 150 feet.

2.

On new subdivision roads: 100 feet.

C.

Minimum lot depth: 200 feet.

D.

Minimum lot frontage: All lots shall have frontage on a public or private road.

1.

On existing public roads: 150 feet.

2.

On new subdivision roads: 100 feet.

3.

On a cul-de-sac: 75 feet.

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

The following standards shall apply to the building of any structure on lots within this district:

A.

Maximum building height:

1.

All principle buildings: Two and one-half stories but not to exceed 35 feet.

2.

Buildings accessory to a single-family residence: No more than the height of the principle building.

B.

Minimum front yard setbacks:

1.

On existing public roads: 100 feet.

2.

On new subdivision roads: 50 feet.

3.

Accessory structures shall only be allowed in the side or rear yard (behind the front face of the principle building) or on lots greater than two acres, 150 feet from a public road.

C.

Minimum side yard setback:

1.

On existing public roads: 25 feet.

2.

On new subdivision roads: 20 feet.

3.

Accessory structures: Five feet, or if larger than 1,200 square feet, 25 feet.

D.

Minimum rear yard setback:

1.

Principle structures: 50 feet

2.

Accessory structures: Five feet, or if larger than 1,200 square feet, 25 feet.

E.

Maximum size of accessory building: Accessory structures shall not exceed four percent of the lot area not to exceed 5,000 square feet unless a special use permit is approved by the BZA.

An owner developer may, at their option, elect to utilize the following cluster provisions in the development of property in this district.

A.

Maximum density. The maximum density allowed in a cluster development shall not exceed the permitted density otherwise allowed, excluding densities bonuses further described below. The maximum density shall be calculated by subtracting from the parent parcel the minimum lot size acreage for the first 15 lots and dividing the remaining acreage by three acres. Greater areas may be required by the health department for on-site sewer, water, and building development.

B.

Required open space.

1.

Where the parent parcel being subdivided contains 40 acres or more at least 50 percent of the total acreage shall be retained in open space, based on the following principles:

a.

Sensitive environmental features on the property, such as floodplains, wetlands, and steep slopes, shall be included in the required open space on the basis of having particular value in the context of preserving rural character.

b.

Natural features shall be maintained in their natural condition, and any modifications and/or improvements made shall be consistent with generally accepted land preservation and land stewardship principles.

2.

Ownership of open space.

a.

Prior to or contemporaneous with final subdivision approval for any property within a rural cluster subdivision, the property owner shall record documents conveying a conservation easement applicable to the open space lot to a legal organization or entity approved by the county, with content approved by the county, requiring preservation of features so designated on the subdivision plat in perpetuity and prohibiting further division of the open space lot.

b.

Open space may be owned by one or more of the following methods:

i.

Common ownership as undivided proportionate interests by the members of a homeowners (property owners) association.

ii.

Single ownership by the original owner or subsequent owner with a conservation easement conveyed to a political entity or non-profit organization approved by the county.

iii.

Fee simple dedication with a conservation easement to a political entity or recognized nonprofit land conservation organization.

c.

The conservation easement shall prohibit further division of the open space, shall be in a form acceptable to the administrator and the county attorney and shall be for perpetuity.

d.

When ownership of open space is to be retained by a homeowners association, the association shall conform to the following requirements:

i.

The property owner or developer must establish the organization prior to the sale of any lots within the subdivision.

ii.

Membership in the organization shall be mandatory for all residential property owners, present or future, within the subdivision.

iii.

The organization shall manage all common and open spaces, and recreational and cultural facilities, shall provide for the maintenance, administration and operation of said land and improvements and any other land within the development and shall secure adequate liability insurance on the land.

iv.

The organization shall conform to the Property Owners Association Act, Code of Virginia, effective July 1, 2004, as amended, and/or to any other laws and regulations of the Commonwealth of Virginia as may be applicable.

C.

Density bonus for workforce housing.

1.

A density bonus of one lot for every three lots allowed by the maximum density can be added, not to exceed 20 percent of the maximum density, provided that those additional units meet the county's criteria for workforce housing, as adopted by the board of supervisors.

2.

The additional lots provided under this density bonus may reduce the required percentage of open space provided the reduction is the minimum necessary to accomplish the public objective of this section.

The purpose of this district is to provide for residential, civic and commercial development in those crossroad communities around the county that are unincorporated and have historically served the surrounding rural areas or will serve the rural areas in the future.

These areas may not currently have public water and sewer and other public facilities available or planned for in the immediate future. Therefore providing a configuration of new development into reasonable and effective service areas for the proper and efficient provision of water, sewerage, fire and police protection, and other public services becomes particularly critical in considering and approving new development in these areas.

The village centers are as follows and are more specifically shown on the zoning maps:

A.

The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards are listed in article IV, Use and design standards, for those specific uses.

AGRICULTURAL USES

Greenhouse, Private

Roadside Stand*

Stable, Private*

RESIDENTIAL USES

Accessory Apartment*

Dwelling, Single Family, Detached

Family Day Care Home

Group Home

Guest House

Home Occupation, Community*

Temporary Emergency Housing*

CIVIC USE TYPES

Cemetery*

Club

Community Center

Community Recreation

Cultural Service

Day Care Center

Post Office

Public Facilities

Public Park and Recreational Area

Religious Assembly

Rehabilitation Service

Utility Service/Minor

COMMERCIAL USE TYPES

Bank

Business Support Service

Business or Trade School*

Construction Office, Temporary

Medical Office

Personal Improvement Service

Personal Service

Real Estate Office, Temporary

Retail Sales

Studio, Fine Arts

Taxidermy*

Veterinary Hospital/Clinic*

MISCELLANEOUS USE TYPES

Amateur Radio Tower

Outdoor Gathering

Parking Facility*

Reconstructed Wetland

B.

The following uses are allowed only by special exception from the board of zoning appeals pursuant to section 1-304. An asterisk (*) indicates additional, modified or more stringent standards are listed in article IV, Use and design standards, for those specific uses.

RESIDENTIAL USES

Manufactured Home, Temporary Residence*

COMMERCIAL USE TYPES

Office, General

MISCELLANEOUS USE TYPES

Communications Tower*

C.

The following uses are allowed only by conditional use permit from the board of supervisors pursuant to section 1-501. An asterisk (*) indicates additional, modified or more stringent standards are listed in article IV, Use and design standards, for those specific uses.

RESIDENTIAL USES

Boarding House

Condominium

Dwelling, Multifamily Conversion

Dwelling, Single Family, Attached*

Dwelling, Two-Family

Kennel, Private

Multifamily Dwelling*

Townhouse*

CIVIC USE TYPES

Educational Facility*

Halfway House

Nursing Home*

COMMERCIAL USE TYPES

Agricultural Service*

Antique Shop

Auction Establishment

Bed and Breakfast*

Convenience Store*

Farmer's Market

Flea Market

Funeral Home

Gasoline Station*

Marina

Motor Vehicle Repair Service/Minor*

Restaurant, General

INDUSTRIAL USE TYPES

Convenience Center*

Custom Manufacturing*

MISCELLANEOUS USE TYPES

Alternate Discharge Sewage System*

A.

Minimum lot area:

1.

Without public sewer and water: 30,000 square feet, unless a greater area is required by the health department for well and septic.

2.

With public sewer or water (but not both): 20,000 square feet, unless a greater area is required by the health department.

3.

With public sewer and water: 8,000 square feet.

B.

Minimum lot width:

1.

Without public sewer and water: 125 feet.

2.

With public sewer or water (but not both): 100 feet.

3.

With public sewer and water: 65 feet.

C.

Minimum lot depth:

1.

Without public sewer and water: 200 feet.

2.

With public sewer or water (but not both): 150 feet.

3.

With public sewer and water: 100 feet.

D.

Minimum lot frontage:

1.

Without public sewer and water: 80 feet.

2.

With public sewer or water (but not both): 80 feet.

3.

With public sewer and water: 60 feet.

4.

Minimum frontage on a cul-de-sac: No less than 50 percent of minimum lot width of district.

A.

Maximum building height:

1.

All buildings: 35 feet or 2.5 stories, whichever is lesser.

B.

Maximum density:

1.

Residential: Three dwelling units per acre.

C.

Minimum front yard setback: Where the street frontage in a block, or within 600 feet of the lot in question, is partially already developed, the minimum front yard for a new building shall be the average of the existing front yards on either side thereof in the same block with a variation of five feet permitted; provided however that except as provided in development standards for specific uses no front yard in a residence district shall be less than 25 feet or need to be more than 50 feet under this provision.

D.

Side and rear setbacks: Ten feet.

E.

Accessory structures:

1.

Accessory structures shall only be allowed in the side or rear yard (behind the front face of the principle building) with a side and rear yard setback of five feet, or if larger than 1,200 square feet, 25 feet.

2.

Accessory structures shall not exceed four percent of the lot area not to exceed 5,000 square feet unless a special use permit is approved by the BZA.

A.

The following additional standards shall apply to all civic uses in the Rural Village Center district.

1.

Buffer. Unless otherwise specified in this ordinance or through conditions established by the board of zoning appeals or the board of supervisors, a Type A landscaped buffer shall be established and maintained adjacent to any other property zoned RVC, other than parcels used or zoned for commercial or industrial use, as more fully described in section 5-400 of this ordinance.

B.

The following additional standards shall apply to all commercial and industrial uses in the Rural Village Center district.

1.

No exterior storage. Permitted stores, shops, offices or businesses shall be conducted wholly within a completely enclosed building and except for temporary display items as limited by these regulations there shall be no exterior storage of merchandise or materials unless these are enclosed within storage yard established and maintained in accordance with these regulations (See section 5-403.B.)

2.

Warehousing not permitted. No commercial warehousing, wholesaling, of jobbing or killing of animals or poultry shall be carried on and no merchandise shall be stored other than to be sold at retail on the premises, and provided further, that no more than 50 percent of the floor area of any building shall be used for the storage of merchandise.

3.

Landscaping. Any part of the lot or project area not used for buildings or other structures, parking, loading and accessways, shall be landscaped with grass, trees, shrubs, or pedestrian walks.

4.

Buffer. Unless otherwise specified in this ordinance or through conditions established by the board of zoning appeals or the board of supervisors, a Type B landscaped buffer shall be established and maintained adjacent to any other property, other than parcels used or zoned for commercial or industrial use, as more fully described in section 5-400 of this ordinance.

5.

Drainage. Provision shall be made for proper storm water drainage from parking and loading areas. Water shall not be permitted to drain from such areas onto adjacent property except into a natural watercourse or a drainage easement.

The purpose of this district is to provide for residential development at a density appropriate for areas adjacent to the incorporated towns, around the rural villages, and in other areas where public sewer and water, and other public services are present or planned in the future. While the predominate use is intended to be detached single family residences, certain civic and commercial uses supportive of residential areas can also be anticipated. In addition, other types of residences may be permitted in order to provide for a wide spectrum of housing needs, provided that these new units are of generally compatible architectural character and are located on tracts of sufficient size so that necessary amenities can be provided and harmonious relationships between residences of different types assured by means of careful planning and the process of site plan review and approval.

A.

The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards are listed in article IV, Use and design standards, for those specific uses.

AGRICULTURAL USES

Greenhouse, Private

Roadside Stand*

Stable, Private*

RESIDENTIAL USES

Accessory Apartment*

Dwelling, Single-Family, Detached

Dwelling, Single-Family, Farm

Family Day Care Home

Group Home

Home Occupation, Community*

Kennel, Private

Manufactured Home, Class A

Temporary Emergency Housing*

CIVIC USE TYPES

Cemetery*

Community Center

Community Recreation

Park and Ride Facility

Public Park and Recreational Area

Religious Assembly

Utility Service/Minor

COMMERCIAL USE TYPES

Real Estate Office, Temporary*

Studio, Fine Arts

INDUSTRIAL USE TYPES

MISCELLANEOUS USE TYPES

Amateur Radio Tower*

B.

The following uses are allowed only by special exception from the board of zoning appeals pursuant to section 1-304. An asterisk (*) indicates additional, modified or more stringent standards are listed in article IV, Use and design standards, for those specific uses.

RESIDENTIAL USES

Dwelling, Multifamily Conversion*

Manufactured Home, Temporary Residence*

MISCELLANEOUS USE TYPES

Windmill*

C.

The following uses are allowed only by conditional use permit from the board of supervisors pursuant to section 1-501. An asterisk (*) indicates additional, modified or more stringent standards are listed in article IV, Use and design standards, for those specific uses.

RESIDENTIAL USES

Condominium

Dwelling, Single Family, Attached*

Dwelling, Two-Family*

Multifamily Dwelling

Townhouse

CIVIC USE TYPES

Crisis Center

Day Care Center

Educational Facility

Public Facilities

Utility Service/Major*

COMMERCIAL USE TYPES

Convenience Store*

Marina*

MISCELLANEOUS USE TYPES

Alternate Discharge Sewage System*

The following standards shall apply to the creation of new lots under this ordinance:

A.

Minimum lot area:

1.

Without public sewer and water: 30,000 square feet, unless a greater area is required by the health department for well and septic.

2.

With public sewer or water (but not both): 20,000 square feet, unless a greater area is required by the health department.

3.

With public sewer and water: 10,000 square feet.

B.

Minimum lot width:

1.

Without public sewer and water: 100 feet.

2.

With public sewer or water (but not both): 100 feet.

3.

With public sewer and water: 75 feet.

C.

Minimum lot depth:

1.

Without public sewer and water: 200 feet.

2.

With public sewer or water (but not both): 150 feet, unless a greater area is required by the health department.

3.

With public sewer and water: 100 feet.

D.

Minimum lot frontage:

1.

Without public sewer and water: 80 feet.

2.

With public sewer or water (but not both): 80 feet.

3.

With public sewer and water: 60 feet.

The following standards shall apply to the building of any structure on lots within this district:

A.

Maximum building height:

1.

All principle and accessory buildings: Two and one-half stories but not to exceed 35 feet.

B.

Minimum front yard setbacks:

1.

On existing public roads: 100 feet.

2.

On new subdivision roads: 40 feet.

3.

Accessory structures shall only be allowed in the side rear yard (behind the front face of the principle building)

C.

Minimum side yard setback:

1.

On existing public roads: 25 feet.

2.

On new subdivision roads: 15 feet.

3.

Accessory structures: Five feet.

D.

Minimum rear yard setback:

1.

Principle structures: 40 feet.

2.

Accessory structures: Five feet.

E.

Accessory structure size: Accessory structures shall not exceed four percent of the lot area not to exceed 2,000 square feet unless a special use permit is approved by the BZA.

The purpose of this district is to provide for vacation home development at an appropriate density and in appropriate locations. These areas are generally near the James River and its tributaries where such development exists or is planned. Since occupancy would be primarily seasonal or intermittent, a somewhat more intense use of land can be tolerated and a variety of dwelling types permitted, including mobile homes, either on a separate lot or as an accessory use.

A.

The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards are listed in article IV, Use and design standards, for those specific uses.

AGRICULTURAL USES

Greenhouse, Private

Roadside Stand*

Stable, Private*

RESIDENTIAL USES

Accessory Apartment*

Dwelling, Single-Family, Detached

Family Day Care Home

Group Home

Home Occupation, Community*

Kennel, Private*

Temporary Emergency Housing*

CIVIC USE TYPES

Cemetery*

Community Center

Community Recreation

Park and Ride Facility

Public Park and Recreational Area

Religious Assembly

Utility Service/Minor

COMMERCIAL USE TYPES

Real Estate Office, Temporary*

Studio, Fine Arts

MISCELLANEOUS USE TYPES

Amateur Radio Tower*

B.

The following uses are allowed only by special exception from the board of zoning appeals pursuant to section 1-304. An asterisk (*) indicates additional, modified or more stringent standards are listed in article IV, Use and design standards, for those specific uses.

RESIDENTIAL USES

Dwelling, Multifamily Conversion*

Manufactured Home, Class A*

Manufactured Home, Temporary Residence*

MISCELLANEOUS USE TYPES

Windmill*

C.

The following uses are allowed only by conditional use permit from the board of supervisors pursuant to section 1-501. An asterisk (*) indicates additional, modified or more stringent standards are listed in article IV, Use and design standards, for those specific uses.

RESIDENTIAL USES

Condominium

Dwelling, Single Family, Attached*

Dwelling, Two-Family*

Multifamily Dwelling

Townhouse

CIVIC USE TYPES

Crisis Center

Day Care Center

Educational Facility*

Public Facilities

Utility Service/Major*

COMMERCIAL USE TYPES

Convenience Store*

Marina*

Restaurant, General*

MISCELLANEOUS USE TYPES

Alternate Discharge Sewage System*

The following standards shall apply to the creation of new lots under this ordinance:

A.

Minimum lot area:

1.

Without public sewer and water: 30,000 square feet, unless a greater area is required by the health department for well and septic.

2.

With public sewer or water, or both: 10,000 square feet, unless a greater area is required by the health department.

B.

Minimum lot width:

1.

Without public sewer and water: 100 feet.

2.

With public sewer or water, or both: 75 feet.

C.

Minimum lot depth:

1.

Without public sewer and water: 200 feet.

2.

With public sewer or water (but not both): 125 feet, unless a greater area is required by the health department.

3.

With public sewer and water: 100 feet.

D.

Minimum lot frontage:

1.

Without public sewer and water: 80 feet.

2.

With public sewer or water, or both: 60 feet.

The following standards shall apply to the building of any structure on lots within this district:

A.

Maximum building height:

1.

All principle buildings: Two and one-half stories but not to exceed 35 feet.

2.

Buildings accessory to a single-family residence: No more than the height of the principle building.

B.

Minimum front yard setbacks:

1.

Principle structures: 40 feet.

2.

Accessory structures shall only be allowed in the side or rear yard (behind the front face of the principle building).

C.

Minimum side yard setback:

1.

Principle structures: 15 feet.

2.

Accessory structures shall only be allowed in the side or rear yard (behind the front face of the principle building), otherwise: Five feet.

D.

Minimum rear yard setback:

1.

Principle structures: 25 feet.

2.

Accessory structures: Five feet.

E.

Accessory structure size: Accessory structures shall not exceed four percent of the lot area not to exceed 2,000 square feet unless a special use permit is approved by the BZA.

The purpose of this district is to provide primarily for low intensity retail shopping and personal service uses, developed either as a unit or in individual parcels, to satisfy those basic needs which occur daily or frequently and so require commercial facilities in close proximity to residences or which may generally be compatible with a rural or residential area. To ensure this compatibility, the size and architectural designs should also be reviewed for compatibility with the surrounding residential and rural community.

(Ord. No. 2024-08, 12-5-2024)

A.

The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards are listed in article IV, Use and design standards, for those specific uses.

RESIDENTIAL USES

Accessory apartment*

CIVIC USE TYPES

Cemetery*

Club

Community center

Cultural service

Day care center

Educational facility

Park and ride facility

Post office

Public facilities

Public park and recreational area

Religious assembly

Utility service/minor

COMMERCIAL USE TYPES

Antique shop

Bank

Bed and breakfast*

Business support service

Business or trade school

Construction office, temporary

Event center

Funeral home

Golf course

Hospital

Hotel/motel/motor lodge/inn

Kennel, commercial

Laundry

Marina*

Medical office

Motor vehicle parts/supply, retail

Office, general

Pawn shop

Personal improvement service

Personal service

Real estate office, temporary

Restaurant, general

Retail sales

Studio, fine arts

Taxidermy*

Veterinary hospital/clinic

INDUSTRIAL USE TYPES
MISCELLANEOUS USE TYPES

Alternate discharge sewage system*

Communication tower*

Outdoor gathering

Parking facility

Reconstructed wetland*

Windmill*

B.

The following uses are allowed only by special exception from the board of zoning appeals pursuant to section 1-304. An asterisk (*) indicates additional, modified or more stringent standards are listed in article IV, Use and design standards, for those specific uses.

MISCELLANEOUS USE TYPES

Communication tower*

C.

The following uses are allowed only by conditional use permit from the board of supervisors pursuant to section 1-501. An asterisk (*) indicates additional, modified or more stringent standards are listed in article IV, Use and design standards, for those specific uses.

CIVIC USE TYPES

Crisis center

Halfway house

Nursing home

Rehabilitation service

Utility service/major*

COMMERCIAL USE TYPES

Agricultural service*

Auction establishment

Commercial indoor recreation

Commercial outdoor recreation

(Ord. No. 2024-08, 12-5-2024)

A.

Minimum lot area:

1.

Minimum lot area: 40,000 square feet.

2.

The required minimum area for lots served by private water or private sewer facilities may be increased when the health department requires a larger parcel to satisfy an on-site sewage disposal system.

B.

Minimum lot width: 200 feet.

C.

Minimum lot frontage: 200 feet.

The following standards shall apply to the building of any structure on lots within this district:

A.

Maximum building height:

1.

All principle buildings: Two and one-half stories but not to exceed 45 feet.

2.

Buildings accessory: No more than the height of the principle building.

B.

Minimum front yard setbacks:

1.

On primary highway: 75 feet.

2.

On secondary highway or other street: 50 feet.

3.

Accessory structures shall only be allowed in the side or rear yard (behind the front face of the principle building).

C.

Minimum side yard setback:

1.

None, but a buffer yard is required on lots adjacent to residential and agricultural zoning districts (see section 5-400).

2.

Accessory structures shall only be allowed in the side or rear yard (behind the front face of the principle building).

D.

Minimum rear yard setback:

1.

All structures: 25 feet, but a buffer yard is required on lots adjacent to residential and agricultural zoning districts (See section 5-400).

1.

No exterior storage. Permitted stores, shops, offices or businesses shall be conducted wholly within a completely enclosed building and except for temporary display items as limited by these regulations there shall be no exterior storage of merchandise or materials unless these are enclosed within storage yard established and maintained in accordance with these regulations (See section 5-403.B).

2.

Warehousing not permitted. No commercial warehousing, wholesaling, of jobbing or killing of animals or poultry shall be carried on and no merchandise shall be stored other than to be sold at retail on the premises, and provided further, that no more than 50 percent of the floor area of any building shall be used for the storage of merchandise.

3.

Landscaping. Any part of the lot or project area not used for buildings or other structures, parking, loading and accessways, shall be landscaped with grass, trees, shrubs, or pedestrian walks.

4.

Drainage. Provision shall be made for proper storm water drainage from parking and loading areas. Water shall not be permitted to drain from such areas onto adjacent property except into a natural watercourse or a drainage easement.

The purpose of this district is to provide sufficient space in appropriate locations for a wide variety of commercial, automotive, and miscellaneous recreational and service activities, generally serving a wide area of the county and generally located in or near development centers where a general mixture of commercial and service activity now exists or is planned, but which uses are not characterized by extensive warehousing, frequent heavy trucking activity, or the nuisance factors of dust, order, and noise, associated with manufacturing.

(Ord. No. 2024-08, 12-5-2024)

A.

The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards are listed in article IV, Use and design standards, for those specific uses.

RESIDENTIAL USES

Accessory apartment*

CIVIC USE TYPES

Club

Crisis center

Cultural service

Day care center

Educational facility

Halfway house

Nursing home

Park and ride facility

Post office

Public facilities

Public park and recreational area

Religious assembly

Rehabilitation service

Utility service/minor

COMMERCIAL USE TYPES

Agricultural service*

Antique shop

Auction establishment*

Bank

Business support service

Business or trade school

Commercial indoor recreation

Construction office, temporary

Crematorium

Dance hall

Event center

Equipment sales and rental*

Farmer's market

Funeral home

Garden center*

Gasoline station*

General service and repair*

Golf course

Hospital

Hospital, special care

Hotel/motel/motor lodge/inn

Kennel, commercial*

Laundry

Lumber yard*

Manufactured home sales

Marina

Medical office

Mini warehouse*

Motor vehicle sales*

Motor vehicle/outdoor storage*

Motor vehicle parts/supply, retail

Motor vehicle repair

Service/major*

Motor vehicle repair service/minor*

Office, general

Pawn shop

Personal improvement service

Personal service

Real estate office, temporary*

Recreational vehicle sales and service*

Restaurant, general

Retail sales

Studio, fine arts

Taxidermy

Veterinary hospital/clinic

INDUSTRIAL USE TYPES

Laboratory

MISCELLANEOUS USE TYPES

Outdoor gathering

Parking facility

Windmill*

B.

The following uses are allowed only by special exception from the board of zoning appeals pursuant to section 1-304. An asterisk (*) indicates additional, modified or more stringent standards are listed in article IV, Use and design standards, for those specific uses.

INDUSTRIAL USE TYPES

Custom manufacturing*

MISCELLANEOUS USE TYPES

Communication tower*

C.

The following uses are allowed only by conditional use permit from the board of supervisors pursuant to section 1-501. An asterisk (*) indicates additional, modified or more stringent standards are listed in article IV, Use and design standards, for those specific uses.

COMMERCIAL USE TYPES

Adult entertainment establishment*

Car wash

Commercial outdoor recreation*

Convenience store*

Flea market*

Livestock auction market*

Restaurant, drive-in

Fast food*

Truck stop*

MISCELLANEOUS USE TYPES

Alternate discharge sewage system*

Communication tower*

Reconstructed wetland*

(Ord. No. 2024-08, 12-5-2024)

A.

Minimum lot area:

1.

Minimum lot area: 40,000 square feet.

2.

The required minimum area for lots served by private water or private sewer facilities may be increased when the health department requires a larger parcel to satisfy an on-site sewage disposal system.

B.

Minimum lot width: 200 feet.

C.

Minimum lot frontage: 200 feet.

The following standards shall apply to the building of any structure on lots within this district:

A.

Maximum building height:

1.

All principle buildings: Two and one-half stories but not to exceed 45 feet.

2.

Buildings accessory: No more than the height of the principle building.

B.

Minimum front yard setbacks:

1.

On primary highway: 75 feet.

2.

On secondary highway or other street: 50 feet.

3.

Accessory structures shall only be allowed in the side or rear yard (behind the front face of the principle building).

C.

Minimum side yard setback:

1.

None, but a buffer yard is required on lots adjacent to residential and agricultural zoning districts (see section 5-400).

2.

Accessory structures shall only be allowed in the side or rear yard (behind the front face of the principle building).

D.

Minimum rear yard setback:

1.

All structures: 25 feet, but a buffer yard is required on lots adjacent to residential and agricultural zoning districts (see section 5-400).

This district is intended to provide an environment suitable for industrial activities that do not create appreciable nuisances, hazards or threats to the natural environment or surrounding development. Uses that would typically be found in this district include a wide variety of light manufacturing, fabricating, processing, wholesale distributing and warehousing uses appropriately located for access to highways and providing a controlled environment within which uses are to be conducted in completely enclosed buildings. In order to preserve the land for industry, to reduce extraneous traffic, and avoid future conflicts between industry and other uses, business and service uses are limited primarily to those which will be useful to employees in the district and future residential uses are restricted.

(Ord. No. 2025-01, § 1, 2-13-2025; Ord. No. 2025-02, 4-3-2025)

A.

The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards are listed in article IV, Use and design standards, for those specific uses.

AGRICULTURAL USES

Agriculture

Silvicultural activities

CIVIC USE TYPES

Parks and recreation

Park and ride facility

Post office

Public maintenance facility

Utility service/minor

COMMERCIAL USE TYPES

Auction establishment

Bank

Business support service

Business or trade school

Construction office, temporary

Equipment sales and rental

General service and repair

Mini warehouse

Motor vehicle/outdoor storage

Motor vehicle repair service/major

Office, general

Taxidermy

Truck stop

INDUSTRIAL USE TYPES

Contractor's yard

Convenience center

Custom manufacturing

Industry, Type I

Laboratory

Warehousing and distribution

MISCELLANEOUS USE TYPES

Parking facility

Reconstructed wetland

Windmill*

B.

The following uses are allowed only by special exception from the board of zoning appeals pursuant to section 1-304. An asterisk (*) indicates additional, modified or more stringent standards are listed in article IV, Use and design standards, for those specific uses.

RESIDENTIAL USES

Accessory apartment

CIVIC USE TYPES

Day care center

MISCELLANEOUS USE TYPES

Communication tower

C.

The following uses are allowed only by conditional use permit from the board of supervisors pursuant to section 1-501. An asterisk (*) indicates additional, modified or more stringent standards are listed in article IV, Use and design standards, for those specific uses.

CIVIC USE TYPES

Battery energy storage system*

Community-scale solar energy facility*

Utility-scale solar energy facility*

Utility service/major

COMMERCIAL USE TYPES

Convenience store

Lumber yard

INDUSTRIAL USE TYPES

Industry, Type II

Recycling center

Transfer station

MISCELLANEOUS USE TYPES

Alternate discharge sewage system

(Ord. No. 2025-01, § 1, 2-13-2025; Ord. No. 2025-02, 4-3-2025)

The following standards shall apply to the creation of new lots under this ordinance:

A.

Minimum lot area: 30,000 square feet.

The required minimum area for lots served by private water or private sewer facilities may be increased when the health department requires a larger parcel to satisfy an on-site sewage disposal system.

B.

Minimum lot width:

1.

On existing public roads: 150 feet.

2.

On new subdivision roads: 100 feet.

C.

Minimum lot depth: 200 feet.

D.

Minimum lot frontage:

1.

On existing public roads: 150 feet.

2.

On new subdivision roads: 100 feet.

3.

On a cul-de-sac: 75 feet.

The following standards shall apply to the building of any structure on lots within this district:

A.

Maximum building height:

1.

All structures: 75 [feet].

a.

The height limit shall be 35 feet in height. The height limit for principal structures may be increased to 70 feet or up to five stories, whichever is lesser; provided, that each required yard is increased one foot for each additional foot of principal structure height over 35 feet. There are two side yards for each permitted principal structure, each of which is 15 or more feet in width plus one foot or more of side yard for each additional foot of principal structure height over 35 feet.

b.

Where structures exceed the 35-foot height requirement a building separation of 30 feet shall be required.

c.

See section 4-102, for exceptions to height limits.

B.

Minimum front yard setbacks:

1.

On primary highway: 75 feet.

2.

On secondary highway or other street: 50 feet.

3.

Accessory structures shall only be allowed in the side or rear yard (behind the front face of the principle building).

C.

Minimum side yard setback:

1.

None, but a buffer yard is required on lots adjacent to residential and agricultural zoning districts (see section 5-400).

2.

Accessory structures shall only be allowed in the side or rear yard (behind the front face of the principle building).

D.

Minimum rear yard setback:

1.

All structures: 25 feet, but a buffer yard is required on lots adjacent to residential and agricultural zoning districts (See section 5-400).

The purpose of this district is to provide for a wide variety of industrial operations, but to restrict or prohibit those industries which have characteristics likely to produce serious adverse effects within or beyond the limits of the district. Certain potentially hazardous industries are permitted only after public hearings and review to assure protection of the public interest and surrounding property and persons. It is the intention of the district to preserve the land in the district for industrial use and to exclude new residential or commercial development except for certain uses determined to be supportive of industrial operations.

(Ord. No. 2025-01, § 1, 2-13-2025; Ord. No. 2025-02, 4-3-2025)

A.

The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards are listed in article IV, Use and design standards, for those specific uses.

AGRICULTURAL USES

Agriculture

Silvicultural activities

RESIDENTIAL USES

Accessory apartment

CIVIC USE TYPES

Day care center

Park and ride facility

Post office

Public facility

Public maintenance facility

Public park and recreational area

Utility service/minor

COMMERCIAL USE TYPES

Adult entertainment establishment

Agricultural service

Auction establishment

Bank

Business support service

Business or trade school

Construction office, temporary

Crematorium

General service and repair

Laundry

Livestock auction market

Office, general

Truck stop

INDUSTRIAL USE TYPES

Convenience center

Industry, Type I

Industry, Type II

Laboratory

Recycling center

Scrap and salvage service

Transfer station

Warehousing and distribution

MISCELLANEOUS USE TYPES

Parking facility

Reconstructed wetland

Windmill*

B.

The following uses are allowed only by special exception from the board of zoning appeals pursuant to section 1-304. An asterisk (*) indicates additional, modified or more stringent standards are listed in article IV, Use and design standards, for those specific uses.

CIVIC USE TYPES

Day care center

MISCELLANEOUS USE TYPES

Communication tower

C.

The following uses are allowed only by conditional use permit from the board of supervisors pursuant to section 1-501. An asterisk (*) indicates additional, modified or more stringent standards are listed in article IV, Use and design standards, for those specific uses.

CIVIC USE TYPES

Battery energy storage system*

Community-scale solar energy facility*

Utility-scale solar energy facility*

Utility service/major

COMMERCIAL USE TYPES

Convenience store

INDUSTRIAL USE TYPES

Asphalt plant

Industry, Type III

Landfill

Meat packing

Power plant

MISCELLANEOUS USE TYPES

Alternate discharge sewage system

(Ord. No. 2016-02, 8-4-2016; Ord. No. 2025-01, § 1, 2-13-2025; Ord. No. 2025-02, 4-3-2025)

The following standards shall apply to the creation of new lots under this ordinance:

A.

Minimum lot area: 40,000 square feet.

The required minimum area for lots served by private water or private sewer facilities may be increased when the health department requires a larger parcel to satisfy an on-site sewage disposal system.

B.

Minimum lot width:

1.

On existing public roads: 150 feet.

2.

On new subdivision roads: 100 feet.

C.

Minimum lot depth: 200 feet.

D.

Minimum lot frontage:

1.

On existing public roads: 150 feet.

2.

On new subdivision roads: 100 feet.

3.

On a cul-de-sac: 75 feet.

The following standards shall apply to the building of any structure on lots within this district:

A.

Maximum building height:

1.

All structures: 75 [feet].

a.

The height limit shall be 35 feet in height. The height limit for principal structures may be increased to 70 feet or up to five stories, whichever is lesser; provided, that each required yard is increased one foot for each additional foot of principal structure height over 35 feet. There are two side yards for each permitted principal structure, each of which is 15 or more feet in width plus one foot or more of side yard for each additional foot of principal structure height over 35 feet.

b.

Where structures exceed the 35-foot height requirement a building separation of 30 feet shall be required.

c.

See section 4-102 for exceptions to height limits.

B.

Minimum front yard setbacks:

1.

On primary highway: 75 feet.

2.

On secondary highway or other street: 50 feet.

3.

Accessory structures shall only be allowed in the side or rear yard (behind the front face of the principle building).

C.

Minimum side yard setback:

1.

None, but a buffer yard is required on lots adjacent to residential and agricultural zoning districts (see section 5-400).

2.

Accessory structures shall only be allowed in the side or rear yard (behind the front face of the principle building)

D.

Minimum rear yard setback:

1.

All structures: 25 feet, but a buffer yard is required on lots adjacent to residential and agricultural zoning districts (see section 5-400).

The purpose of the emerging technologies (ET) district is to permit master planned developments consisting of a combination of commercial, industrial, utility, technology-focused, and related uses in a campus-like environment. Due to its flexible nature and the goals of the county to encourage and accommodate innovative development, the ET district is intended to be implemented as a conditional zoning district. An applicant's use of conditional zoning is encouraged as the most appropriate means to provide for the necessary zoning regulations to address the unique impacts of a proposed rezoning of property to the ET district.

The district is intended to be applied only to large contiguous areas of the county that are located in close proximity to strategic and necessary resources, such as high-capacity electric generation and transmission facilities, natural gas lines, and navigable waterways. Properties to which this district is applied should be located so as to minimize potential conflicts with residential or other commercial uses and should be in locations where the use will minimally impact traffic and be adequately served by existing roadway capacity. The district and its uses should not cause undue environmental impacts, and should be consistent with the general location, character, and extent as described in the future land use map of the county's adopted comprehensive plan.

(Ord. No. 2024-01, 1-4-2024)

The following uses, as defined by section 3-1108 or article II of the zoning ordinance are permitted in the emerging technologies (ET) district, subject to approval of the board of supervisors as described in section 3-1105. Uses allowed by right or through a conditional use permit shall also be subject to all other applicable requirements contained in the zoning ordinance including additional, modified or more stringent standards listed in article IV, Supplemental Regulations, as denoted by an asterisk (*) below, for those specific uses unless otherwise approved as part of the ET district.

(A)

Permitted principal uses. Only the following uses shall be permitted by right in the ET district.

CIVIC USE TYPES

Utility service/minor

COMMERCIAL USE TYPES

Business or trade school

Educational facility

Science and technology center

Research, experimental, and technology center

Construction office, temporary

Office, general

Contractor's yard

INDUSTRIAL USE TYPES

Data warehouse center

Energy storage facility

Flex industrial

Laboratory

Outdoor storage, construction material (temporary)

Renewable energy generation facility

Warehousing and distribution

Water storage tank

(B)

Conditional uses. The following uses shall be permitted upon issuance of a conditional use permit following the process in section 1-500 et seq. of the zoning ordinance.

CIVIC USE TYPES

Utility service/major*

INDUSTRIAL USE TYPES

Electrical component manufacturing facility

Natural gas terminal

Small scale nuclear modular reactors

MISCELLANEOUS USE TYPES

Alternate discharge sewage system*

Surface water withdrawal

Surface water withdrawal system

(C)

Accessory uses. Accessory uses to each of the permitted uses above shall be permitted, including water dependent facilities, shall be permitted as accessory use is defined in the zoning ordinance.

(Ord. No. 2024-01, 1-4-2024)

A.

Each ET district shall be subject to the following site development standards.

1.

Minimum district size: 500 acres of contiguous land.

2.

With the exception of areas of the ET district adjacent to industrial uses or industrially-zoning areas, all structures must be sufficiently screened, consistent with the master plan and to the administrator's satisfaction, such that structures will not create a material-adverse visual impact on neighboring properties, the James River, or historic sites, in Surry or in other localities.

3.

The maximum height of any structure shall be 75 feet.

4.

Notwithstanding the maximum height of structures, an exception may be granted by the board of supervisors for structures that are associated with an accessory use, provided that the applicant proves that the accessory use and associated structure will not create a materially-adverse visual impact on neighboring properties, the James River, or historic sites, in Surry or in other localities. The board of supervisors will consider the exception request and make a determination as part of its decision on the application and master plan. The board of supervisors may place reasonable conditions on any exception granted under this section.

5.

There shall be no minimum setback requirements for development in the ET district; however, setback requirements shall be specifically established during the review and approval of the master plan. The following guidelines shall be used in establishing the building spacing and setbacks:

a.

Building spacing shall provide adequate room for circulation, safety, and emergency access;

b.

Building spacing and design shall provide adequate space for outdoor activity areas (patios, decks, etc.) associated with individual uses.

6.

Streets in the ET district shall be public in accordance with VDOT and county standards unless private streets are approved by the board of supervisors through the acceptance of conditional zoning proffers.

7.

Exterior lighting in the ET district must be established with minimal impact to neighboring properties and the regional skyline.

(Ord. No. 2024-01, 1-4-2024)

A.

All regulations of the zoning ordinance shall apply to the development of the ET district, unless specifically modified by conditional zoning proffers accepted by the board of supervisors.

(Ord. No. 2024-01, 1-4-2024)

A.

Prior to submitting a formal application for review and approval under these provisions, the applicant and county staff shall meet to discuss the requirements of this section. The purpose of the meeting is to obtain a mutual understanding of the application requirements and process. The applicant is encouraged to submit information on the scope and nature of the proposal to allow staff to become familiar with the proposal in advance of this meeting.

B.

Any application to rezone land to the ET district shall constitute an amendment to the zoning ordinance pursuant to section 1-510, the impacts of which can only be effectively mitigated through conditional zoning. The applicant's rezoning application packet must indicate whether the applicant intends to utilize conditional zoning for the rezoning request, and all conditions proffered by the owner shall comply with section 1-513, as amended. The written and graphic information submitted by the applicant as part of the application process and incorporated into the ET district master plan shall be incorporated as part of the ordinance rezoning property to the ET district. As part of any approval of an ET district master plan, all proffers accepted by the board of supervisors shall constitute conditional zoning regulations pursuant to section 1-513, as amended.

C.

To initiate an amendment rezoning property to the ET district, the applicant shall complete a rezoning application packet. This information shall be accompanied by graphic and written information, which shall constitute a preliminary master plan. All information submitted shall be of sufficient clarity and scale to clearly and accurately identify the location, nature, and character of the proposed district. At a minimum this information shall include the following, to the satisfaction of the administrator:

1.

A legal description and plat showing the site boundaries, and existing street lines, lot lines, and easements.

2.

Existing zoning, land use, and ownership of each parcel proposed for the district.

3.

A general statement of planning objectives to be achieved by the district, including a description of the character of the proposed development, the existing and proposed ownership of the site, the market for which the development is oriented, and objectives towards any specific manmade and natural characteristics located on the site.

4.

A description and analysis of existing site conditions, including information on topography, archeological and historic resources, natural water courses, floodplains, unique natural features, and tree cover areas.

5.

A land use plan designating specific uses for the district, and establishing site development regulations, including setback, height, building coverage, and lot coverage.

6.

A circulation plan for the district, including location of existing and proposed vehicular, pedestrian, and other transportation facilities. General information on the trip generation, ownership and maintenance, and proposed construction standards for these facilities. If private rights-of-way are proposed a detailed proposal of how the rights-of-way will be maintained and improved and the initial monetary contribution by the developer over the first 20-year period shall be provided. A traffic impact analysis shall be required in accordance with VDOT standards.

7.

A public services and utilities overview providing requirements for and provision of all utilities, sewers, and other facilities to serve the district and the proposed uses and structures.

8.

An open space and district screening plan, including any areas proposed for passive and active recreational uses, natural and undisturbed areas, and proposed buffer areas around the perimeter of the district. Information on the specific design and location of these areas and their ownership and maintenance should be included.

9.

A narrative addressing the noise that is expected to emanate from the uses in the district and a preliminary description of measures to be taken to mitigate noise and ensure that equipment and processes on the properties in the district are not audible to nearby uses properties, and resources, in Surry or in other jurisdictions.

10.

Viewshed studies or visibility analyses, from such sites as are requested by the county, sufficient to demonstrate to the satisfaction of the board of supervisors that the proposed development within the district will not create a materially-adverse visual impact on neighboring properties, the James River, or historic sites, in Surry or in other localities.

11.

Generalized statements pertaining to architectural and community design guidelines of any use visible from the public right-of-way or navigable waterway shall be submitted in sufficient detail to provide information on building designs, orientations, styles, and lighting overview.

12.

A development schedule indicating the location, extent, and phasing of proposed development. Specific information on development of the each use should be included and should be integrated into the phasing plan for the overall development of the district.

13.

A summary disclosure of any and all hazards or hazardous materials as well as a preliminary hazard mitigation plan detailing potential risks from each use shall be submitted with the master plan.

The master plan approved by the board of supervisors, including all supporting documentation expressly included in proffers or referenced in the master plan by the applicant, shall constitute the final master plan for the ET district. Any subsequent modification to the final master plan shall be made only in accordance with the process in this section 3-1105.

(Ord. No. 2024-01, 1-4-2024)

A.

Following the approval of the final master plan, the applicant or its authorized agent, shall be required to submit preliminary and final site plans for approval in accordance with section 5-205 of the zoning ordinance. The owner shall not commence construction for any phase or component of the ET district until the corresponding final site plan is approved and the county has issued any necessary zoning permits or building permits. In addition to the requirements of 5-205, an applicant shall be required to submit the following as part of its preliminary site plan:

1.

A noise study and noise reduction plan detailing the sources of any potential noise which could emanate from the uses in the district and measures to be taken to mitigate noise and ensure that equipment and processes on the properties in the district are not audible to nearby properties, uses, and resources in Surry County or other jurisdictions.

2.

A lighting plan, detailing sources of outdoor and exterior light and providing sufficient evidence to prove that lighting on the site will not visibly impact neighboring properties or the regional night skyline.

3.

A hazard mitigation plan which must be approved by Surry County's Chief of Emergency Management, in coordination with the Virginia Department of Emergency Management, prior to final site plan approval.

4.

Impervious surface locations.

B.

Preliminary and final site plans submitted for review shall comply with the final master plan approved by the board of supervisors. Prior to approval of any site plan that includes material deviations from the final master plan, as determined by the administrator, a revision to the final master plan shall be reviewed and approved following the procedures and requirements of section 3-1105. Deviations requiring revision of the final master plan shall include, but not be limited to, the following changes:

1.

Any increase in the density of the development or addition of uses;

2.

Substantial change in circulation or access;

3.

Substantial changes in grading or utility provisions;

4.

Substantial changes in the location, classification, or mixture of land uses or buildings as shown on the master plan;

5.

Reserved.

6.

Reduction, or substantial change in the distribution or location, of the approved open space, landscaping, or buffering;

7.

Substantial change in architectural or site design features of the development;

8.

Substantial change in the phasing of public improvements and amenities;

9.

Any other change that the administrator finds is a material divergence from the final master plan, based upon the approved application and the public record of comments and concerns raised during consideration the initial or subsequent modifications to the ET zoning.

(Ord. No. 2024-01, 1-4-2024)

A.

The administrator shall periodically inspect the site and review all building permits issued for the development to ensure general compliance with the development phasing and other requirements of the ET district master plan, the accepted proffers, and the zoning ordinance.

(Ord. No. 2024-01, 1-4-2024)

The following terms are exclusive to this district and defined herein. All other uses are as defined in this chapter, Appendix A, Zoning.

Data warehouse center. A data warehouse center, or data center, is a facility used primarily for the storage, management, processing, and transmission of digital data, which houses computer and/or network equipment, systems, servers, appliances, and other associated components related to digital data operations. Such facility may also include air handlers, power generators, water cooling and storage facilities, utility substations, and associated utility infrastructure to support sustained operations at a data center. Warehousing and distribution, as defined in article II of the zoning ordinance, shall not include data warehouse centers.

Electrical component manufacturing facility. An electrical component manufacturing facility may manufacture a wide variety of electrical components, including but not limited to semiconductors (also known as microchips), light bulbs, and transformers. Industry Types I, II, and II, as defined in article II of the zoning ordinance, shall not include electrical component manufacturing facilities.

Energy storage facility. Energy storage is the process of accumulating energy in particular equipment or systems so that it can be used at a later time, as needed, including mechanical, electrochemical, thermal, chemical, electrical, and hydrogen-based storage devices and technologies. The following methods of energy storage are permitted as part of this land use:

•

Mechanical: pumped water, gravity, compressed air, flywheel storage

•

Electrochemical: advanced lead acid, lithium ion, flow batteries, zinc batteries

•

Thermal: molten salt, chilled water

•

Phase change materials, thermochemical storage

•

Electrical: super capacitors, magnetic energy storage

•

Hydrogen-based: fuel cells, power to gas storage

Flex industrial. Flex industrial is any of one or more of a group of uses in a completely enclosed building, or campus of completely enclosed buildings, including but not limited to light manufacturing, storage, distribution, warehousing, assembly, shipping, and sales for product manufactured on site. This use is exclusive of agricultural or food preparation processes.

Natural gas terminal. A natural gas terminal is a facility for managing the import and/or export of natural gas or liquified natural gas, including equipment and infrastructure for loading and unloading of natural gas or liquified natural gas cargo to/from ground transportation tankers or water-going tankers, liquefaction, re-gasification, processing, storage, pumping, compression, and metering of natural gas.

Outdoor storage, construction materials (temporary). The temporary holding, staging, or storage of materials utilized in construction of uses and structures within the ET district, limited to the time of said construction, to include machinery, tools, or construction equipment and/or supplies such as lumber, prefabricated structural elements, forms, jigs, stone, or other articles utilized in the fabrication of structural elements, structural steel, steel wire rods, concrete beams, or other materials utilized in construction, and parking for construction employees.

Renewable energy generating facility. Renewable energy generating facilities are solely intended to produce energy to be consumed primarily on site and to support other uses permitted in the Emerging Technologies zoning district. Methods of energy generation may include the use of innovative and emerging green technology, including but not limited to hydrogen production.

Research, experimental, and technology center. Research, experimental, and technology centers (RETCs) conduct causal, preliminary, descriptive, or observational research finding the cause-and-effect relationships between variables. RETC areas include qualitative, retrospective, prospective, marketing and advertising and correlational research. No manufacturing or storage of dangerous or volatile materials is undertaken at RETCs.

Science and technology center (STC). STCs are sites at which a combination of innovative and experimental research, laboratory work, development, and educational projects are undertaken. No manufacturing is undertaken at STCs other than prototype development accessory to the STC use, and not including production for distribution or sale.

Small scale modular nuclear reactor (SMR). Small scale modular nuclear reactors are advanced nuclear reactors that have a power capacity of up to 300MW(3) per unit. SMRs must be built off-site and transferred to the use site. SMRs may be used individually or as a group.

Surface water withdrawal. Surface water withdrawal means removal or diversion of surface water in for consumptive or non-consumptive use thereby altering the instream flow or hydrologic regime of the surface water. All surface water withdrawals shall be conducted in accordance with statutory and regulatory requirements, including the regulations of the State Water Control Board.

Surface water withdrawal system. Surface water withdrawal system means any device or combination of devices or systems used to withdraw surface water such as, but not limited to, a machine, pump, culvert, hose, tube, screen, or facilitated concrete or metal structure. All surface water withdrawal systems shall be conducted in accordance with statutory and regulatory requirements, including the "Virginia Water Protection Permit Program Regulation" (9 Va. Admin. Code 25-210-10 et seq., as amended).

Water storage tank. A tower or other facility for the storage of water for supply to a water system.

(Ord. No. 2024-01, 1-4-2024)

The purpose of this district is to provide for the development of planned communities that incorporate a variety of housing options as well as certain limited commercial and office uses designed to serve the inhabitants of the district and surrounding areas. This district is intended to allow greater flexibility than is generally possible under conventional zoning district regulations by encouraging ingenuity, imagination and high quality design to create a superior living environment for the residents of the planned community. Incorporation of significant areas of open space is a primary component of these provisions as a means to maintain critical natural and cultural resources. This is balanced with development at densities which compensate, or in certain situations reward with bonuses, for the maintenance of these re-sources. The PD district is particularly appropriate for parcels which contain a number of constraints to conventional development. In addition to an improved quality of design, the PD district creates an opportunity to reflect changes in the technology of land development, provide opportunities for new approaches to home ownership, and provide for an efficient use of land which can result in reduced development costs.

This district is intended to supplement and enhance the options and opportunities for creative land development in areas where more intensive development and public utilities and services exist or are anticipated. This district is not intended as a means of establishing a more intensive development in areas characterized by agricultural and forested lands and rural development where public services and utilities are neither anticipated, cost effective, or desirable.

A.

The following uses are generally permitted in the planned development district, subject to approval of the board of supervisors as described in section 3-1205. Uses allowed by right or through a conditional use permit or special use permit shall also be subject to all other applicable requirements contained in this ordinance including additional, modified or more stringent standards listed in article IV, Use and design standards, for those specific uses unless otherwise approved as part of the PD district.

AGRICULTURAL USES

Agriculture

Greenhouse, Private

Roadside Stand*

Silvicultural activities

Stable, Commercial*

Stable, Private*

RESIDENTIAL USES

Accessory Apartment*

Condominium

Dwelling, Multifamily Conversion

Dwelling, Single-Family, Attached*

Dwelling, Single-Family, Detached

Dwelling, Two-Family*

Family Day Care Home

Group Home

Guest House

Home Occupation, Community*

Kennel, Private*

Multifamily Dwelling*

Temporary Emergency Housing

Townhouse*

CIVIC USE TYPES

Club

Community Center

Community Recreation

Crisis Center

Day Care Center

Educational Facility

Nursing Home

Park and Ride Facility

Post Office

Public Facilities

Public Park and Recreational Area

Religious Assembly

Utility Service/Minor

COMMERCIAL USE TYPES

Antique Shop

Bank

Bed and Breakfast*

Business Support Service

Business or Trade School

Commercial Indoor Recreation

Commercial Outdoor Recreation

Construction Office, Temporary

Convenience Store*

Farmer's Market

Funeral Home

Gasoline Station

General Service and Repair

Golf Course

Hospital

Hospital, Special Care

Hotel/Motel/Motor Lodge/Inn

Kennel, Commercial*

Laundry

Marina

Medical Office

Mini Warehouse*

Office, General

Personal Improvement Service

Personal Service

Real Estate Office, Temporary

Restaurant, General

Retail Sales

Studio, Fine Arts

Veterinary Hospital/Clinic

INDUSTRIAL USE TYPES

Custom Manufacturing

Laboratory

MISCELLANEOUS USE TYPES

Alternate Discharge Sewage System*

Amateur Radio Tower

Communication Tower*

Outdoor Gathering

Parking Facility

Reconstructed Wetland

A.

Each planned development shall be subject to the following site development standards.

1.

Minimum district size: Ten acres of contiguous land.

2.

Maximum gross density: Three dwelling units per acre, excluding any density bonuses provided for below.

3.

Minimum common open space and/or recreational areas: 15 percent of the gross area of the PD district.

4.

Criteria for all open space:

a.

Minimum countable open space: 5,000 contiguous square feet.

b.

Minimum horizontal dimension: 50 feet, except that areas with a horizontal distance of not less than 20 feet shall be counted as open space provided such areas contain facilities such as, but not limited to, bikeways, exercise trails, tot lots, gazebos, picnic tables, etc.

c.

Common open space shall not include proposed street right-of-ways, open parking areas, driveways, or sites reserved for schools or places of religious assembly.

d.

Common open space and/or recreational areas shall be of an appropriate nature and location to serve the residents of the district.

5.

Open space bonus: for each additional five percent of open space the maximum gross density specified in [subsection] A.2. above shall be increased one dwelling units per acre. The maximum open space bonus shall be 25 percent.

6.

A seven and one-half percent bonus to the gross density may be approved by the administrator when a historic site will be preserved and maintained as an integral part of the development proposal. The historic site must be included in one of the following:

a.

The historic site shall be listed on the Virginia Landmarks Register and the National Register of Historic Places;

b.

The historic site shall have been determined to be eligible for listing on the registers cited in [subsection] a. above by the State Review Board for Historic Preservation; or,

c.

The historic site shall have been officially designated by the board of supervisors as having county or local significance.

7.

Maximum percentage devoted to any single residential use type: 70 percent of the total number of residential dwelling units.

8.

Maximum area for commercial and/or office uses: 20 percent of the gross area of the PD. In addition, the following standards shall apply:

a.

Commercial and office uses shall be expressly designed for the service and convenience of the PD and surrounding neighborhood;

b.

Commercial and office uses shall be screened and landscaped so as to be compatible with adjoining residences;

c.

Construction of commercial and office uses shall not begin until 25 percent of the residential units of the total PD have been completed.

9.

Minimum setback requirements shall be specifically established during the review and approval of the master plan. The following guidelines shall be used in establishing the building spacing and setbacks:

a.

Building spacing shall provide privacy within each dwelling unit;

b.

Building spacing shall ensure that each room has adequate light and air;

c.

Areas between buildings used as service yards, storage of trash, or other utilitarian purposes should be designed so as to be compatible with adjoining dwellings;

d.

Building spacing and design shall provide privacy for outdoor activity areas (patios, decks, etc.) associated with individual dwelling units.

10.

Streets in the PD district may be public in accordance with VDOT and county standards or may be private, as may be approved by the board of supervisors. In reviewing the PD preliminary master plan, the commission may recommend, and the board may approve, one or more private streets within the proposed district.

A.

All zoning regulations shall apply to the development of the PD, unless specifically modified in the approval of the final master plan.

A.

Prior to submitting a formal application for review and approval under these provisions, the applicant and county staff shall meet to discuss the requirements of this section. The purpose of the meeting is to obtain a mutual understanding of the application requirements and process. The applicant is encouraged to submit information on the scope and nature of the proposal to allow staff to become familiar with the proposal in advance of this meeting.

B.

Any application to rezone land to the PD designation shall constitute an amendment to the zoning ordinance pursuant to section 1-510. The written and graphic information submitted by the applicant as part of the application process shall constitute proffers pursuant to section 1-513 of this ordinance. Once the board of supervisors has approved the final master plan, all accepted proffers shall constitute conditions pursuant to section 1-513.

C.

To initiate an amendment, the applicant shall complete a rezoning application packet. This information shall be accompanied by graphic and written information, which shall constitute a preliminary master plan. All information submitted shall be of sufficient clarity and scale to clearly and accurately identify the location, nature, and character of the proposed district. At a minimum this information shall include:

1.

A legal description and plat showing the site boundaries, and existing street lines, lot lines, and easements.

2.

Existing zoning, land use and ownership of each parcel proposed for the district.

3.

A general statement of planning objectives to be achieved by the PD district, including a description of the character of the proposed development, the existing and proposed ownership of the site, the market for which the development is oriented, and objectives towards any specific manmade and natural characteristics located on the site.

4.

A description and analysis of existing site conditions, including information on topography, archeological and historic resources, natural water courses, floodplains, unique natural features, tree cover areas, etc.

5.

A land use plan designating specific uses for the site, both residential and non-residential uses, and establishing site development regulations, including setback, height, building coverage, lot coverage, and density requirements.

6.

A circulation plan, including location of existing and proposed vehicular, pedestrian, bicycle, and other circulation facilities and location and general design of parking and loading facilities. General information on the trip generation, ownership and maintenance and proposed construction standards for these facilities should be included. If private streets are proposed a detailed proposal of how the roads will be maintained and improved and the initial monetary contribution by the developer and subsequent fees on homeowners over the first 20-year period shall be provided. A traffic impact analysis shall be required in accordance with VDOT standards.

7.

A public services and utilities plan providing requirements for and provision of all utilities, sewers, and other facilities to serve the site.

8.

An open space plan, including areas proposed for passive and active recreational uses, natural and undisturbed areas, and proposed buffer areas proposed around the perimeter of the site. Information on the specific design and location of these areas and their ownership and maintenance should be included.

9.

Generalized statements pertaining to architectural and community design guidelines shall be submitted in sufficient detail to provide information on building designs, orientations, styles, lighting plans, etc.

10.

A development schedule indicating the location, extent and sequence of proposed development. Specific information on development of the open space, recreational areas, and non-residential uses should be included and should be integrated into the phasing plan for the overall development of the property.

D.

The plan approved by the board of supervisors, including all supporting documentation, shall constitute the final master plan for the PD. Any subsequent modification to the final master plan shall be made only accordance with section 3-1206 below.

A.

Major revisions to the final master plan shall be reviewed and approved following the procedures and requirements of section 1-1205. Major revisions include, but are not limited to changes such as:

1.

Any increase in the density of the development;

2.

Substantial change in circulation or access;

3.

Substantial change in the mixture of dwelling unit types included in the project;

4.

Substantial changes in grading or utility provisions;

5.

Substantial changes in the mixture of land uses or an increase in the amount of land devoted to non-residential purposes;

6.

Reduction in the approved open space, landscaping or buffering;

7.

Substantial change in architectural or site design features of the development or the sequencing of public improvements and amenities;

8.

Any other change that the administrator finds is a major divergence from the approved final master plan, based upon the original application and the public record of comments and concerns raised during consideration the initial or subsequent modifications to the PD zoning.

B.

All other changes in the final master plan shall be considered minor amendments. The administrator, upon receipt of a written request of the owner, may approve such minor amendments.

1.

If the administrator fails to act on a request for a minor amendment to the master plan within 30 calendar days, it shall be considered approved.

2.

A request which is disapproved by the administrator shall be considered a major amendment and shall be subject to the approval process outlined above for such amendments.

A.

Following the approval of the final master plan, the applicant or its authorized agent, shall be required to submit preliminary and final site development plans for approval in accordance with section 5-205 of this ordinance. Final site development plans for any phase or component of the PD that involves the construction of structures or facilities, shall be approved prior to the issuance of a building and zoning permit, and the commencement of construction.

B.

It is the intent of this section that subdivision review under the subdivision regulations be carried out simultaneously with the review of a planned residential development under this section. The plans required under this section shall be submitted in a form which will satisfy the requirements of the subdivision regulations, as determined by the administrator.

C.

Preliminary and final site development plans submitted for review shall be in compliance with the final master plan approved by the board of supervisors.

D.

No planned residential development shall be approved and no work shall be authorized on construction until all property included in the final master plan is in common ownership.

A.

The administrator shall periodically inspect the site and review all building permits issued for the development to ensure general compliance with the development sequence and schedule. The provision and construction of all of the common open space and public and recreational facilities shown on the final development plan must proceed at the same rate as the construction of dwelling units. If the administrator finds that the development schedule has not been followed, no permits, except for the above mentioned facilities, shall be issued until the developer complies with the development schedule, unless the developer has provided a performance bond or similar instrument to guarantee that such common open space and/or public and recreational facilities will be provided for at a specific date.

The purpose of this district is to provide for protection against destruction of or encroachment upon historic areas, buildings, monuments or other features, or buildings and structures of recognized architectural significance which contribute or will contribute to the cultural, social, economic, political or architectural heritage of Surry County and the Commonwealth of Virginia. It is the purpose of the district to preserve designated historic or architectural features, and their surroundings within a reasonable distance, from destruction, damage, defacement and obviously inconsistent development or uses of land.

A.

The HP, Historic Preservation District shall be a special overlay district as established in section 3-101 of this ordinance.

B.

The provisions of this district shall apply to all of those area designated on the official zoning maps as HP, Historic Preservation District.

C.

No building shall be constructed or used and no land shall be used, for streets or otherwise, and no building or accessory building designated as an historic monument shall be demolished or moved or substantially altered in its exterior construction or appearance and no sign erected unless approved by the board of historic and architectural review.

A.

The board of historic and architectural review (board of review) is hereby established to consist of five citizens, at least four of whom shall be residents of Surry County, with the following characteristics:

1.

One of the members shall be a licensed architect or architectural historian;

2.

One shall be realtor;

3.

One shall be a member of the county planning commission; and,

4.

One shall be a citizen who has demonstrated outstanding interest and knowledge in historical or architectural development or building construction within the county.

B.

The board of review shall be appointed by the board of supervisors for five years except that original appointments shall be made for such terms that the term of one member shall expire each year. Appointments to fill vacancies shall be only for the unexpired term. Members may be reappointed to succeed themselves. A member whose term expires shall continue to serve until his successor is appointed and qualifies.

C.

Exceptions to membership shall be approved by the department of historic resources if the county desires to be a certified local government by the Virginia Department of Historic Resources. Information on the credentials of all review committee members shall be submitted to the State Historic Preservation Office and shall be kept on file locally for public inspection.

D.

The committee shall have established bylaws and procedures for conducting business, shall elect its chairman and vice-chairman, and keep written minutes of its meetings.

E.

The board of historic and architectural review shall have the authority to:

1.

Provide oversight in the administration of historic district provisions as outlined in this ordinance;

2.

Review and approve, approve with conditions, or deny a request for new construction and exterior alterations and/or restorations of existing structures within historic districts based upon the criteria and procedures contained in this ordinance.

3.

Seek appropriate professional advice when adequate review of any proposed action would normally involve a professional discipline not represented on the review committee before rendering its decision. Such professional advice shall be obtained at the cost of the applicant, in addition to any costs established by the county.

4.

The board of historic and architectural review shall be provided an opportunity to comment and report on any action requested of another public body under this ordinance for a property located partially or wholly within the HP, Historic Preservation District, as it may relate to the purposes and standards of this district. Such comments shall be provided within 45 days of notification of the proposed action, unless additional time is approved by the applicant.

A.

The permitted uses shall be determined by the underlying or base zoning district.

B.

Cultural services shall be permitted by right subject to review and approval by the board of historic and architectural review for all aspects of the development and improvement of the site, in addition to any other approvals by the appropriate body that may be required.

A.

The following minor exemptions shall not require board of review approval and shall be approved by the administrator:

1.

Repainting resulting in the same or substantially the same color.

2.

Replacement of windows, storm windows and doors using the same materials, profile and sash configuration as existing windows, storm windows, and doors, or the addition or deletion of window air conditioners.

3.

Addition or deletion of television or radio antennas, skylights, solar collectors, or satellite dishes in locations not visible from a public street.

4.

Planting of grass, trees and shrubs, but not including landscape treatment which substantially alters the contour of a landmark site.

5.

Permitted outside storage which is not visible from a public street.

6.

Any interior changes to a structure.

B.

Notwithstanding the above, the administrator shall have the authority to order that work be stopped and that an appropriate application be filed for review in any case where the action may produce arresting effects, extreme contrasts of materials or colors, intense colors or patterns, or incongruous details inconsistent with the character of the present structures or with the prevailing character of the surrounding historic district.

A.

The action of the board of historic and architectural review shall be based upon consideration of the following:

1.

The public necessity of the proposed construction or use.

2.

The public purpose or interest in land or buildings to be protected.

3.

The historic or architectural value and significance of a structure and its relationship to the historic value of the surrounding area.

4.

The age and character of the historic structure, its probable life expectancy, and the appropriateness of the proposed changes to the period or periods during which the structure was built.

5.

The general compatibility of the site plan and the exterior design, arrangement, texture, and materials proposed to be used.

6.

The view of the structure or area from a public street or road, present or future.

7.

The present character of the setting of the structure or area and its surroundings.

8.

The probable effect of proposed construction on trees, wooded areas, or historic sites.

9.

Effect of the building, structure or place on the comprehensive plan's goals for tourism, economic development and residential land uses in and around the historic district, landmark, building, structure or site;

10.

Compatibility of the proposed building, structure or site with the goals for historic preservation as contained in the Comprehensive Plan.

11.

Any other factors, including aesthetic factors which the board of review deems to be pertinent.

A.

An applications shall be submitted to the administrator for review and action by the board of review, including the following:

1.

Statement of proposed use and user.

2.

Statement of estimated construction time.

3.

Photographs and maps relating proposed use to the surrounding property and/or district in which it is located.

4.

Site plan drawings, showing the location of the existing and proposed building and site improvements, including:

a.

Existing property boundaries, building placement and site configuration,

b.

Existing topography and proposed grading,

c.

Location of parking, pedestrian access, signage, exterior lighting, fencing and other site improvements,

d.

Relationship to adjacent land uses,

e.

Proposed site improvements, including location of parking, pedestrian access, signage, exterior lighting, fencing, buildings and structures and other appurtenant elements, and

f.

Proposed building color and materials.

5.

Architectural drawings showing plan view and elevations of new planned construction or renovations, including drawings or original buildings.

6.

A landscaping and buffer plan.

7.

Designs for exterior signage, lighting and graphics, to include description of materials, colors, placement and means of physical support, lettering style and message to be placed on signs.

8.

The administrator may require additional information to be submitted where pertinent to the nature of the request and may also waive specific requirements when the item required is not relevant to the request.

B.

Upon receiving a completed application, the administrator shall place the item on the next public hearing agenda of the board of review and provide the necessary notices required under section 1-600 of this ordinance.

C.

At least 30 days prior to the public hearing, the administrator shall refer the application in writing to Preservation Virginia (formerly the Association for the Preservation of Virginia Antiquities) or other organization with a demonstrated interest in historic preservation for review and comment. No action shall be taken within 30 days of sending the request for review and comment.

D.

The board of review shall hold a public hearing and shall take action within 100 days after receipt by the administrator.

E.

The board of review is not be required to limit new construction, alterations, or repairs to the architectural style of any one period and may seek advisory assistance from experts in such fields as the board's work requires.

F.

The board of review shall be strict in its judgment of plans for those structures deemed to have historic or architectural value but shall be lenient in its judgments of plans for structures of little historic value or for plans involving new construction, unless such plans would seriously impair the historic or architectural value of surrounding structures or the surrounding areas.

A.

In the case of a proposal involving a structure or land of unusual public importance, and where the board of review decides such action to be in the public interest and not in conflict with any provision of law, it may delay the effective date of an approval for a period of two years to enable negotiations to be undertaken and completed for acquisition of the property for preservation or public use. Failure of negotiations within this period shall be the equivalent of a denial of the application by the board of review.

A.

Except as provided by law, no historic landmark, building or structure within a HP Historic District shall be razed or demolished until the razing or demolishment thereof is approved by the board of supervisors after public hearing as prescribed in section 1-600 of this ordinance and after report from and consultation with the board of review. An appeal from a final decision of the board of supervisors may be filed by the any aggrieved party with the circuit court of the county in the manner prescribed by law.

A.

Appeal of board of review decision:

1.

Any person aggrieved by any decision of the historic architectural review committee may appeal such decision to the board of supervisors, provided that such appeal is filed within 14 calendar days from the date of notification of the historic architectural review committee decision.

2.

The board of supervisors shall consult with the historic architectural review committee in relation to any appeal and may require documentation of any historic architectural review committee decision prior to hearing the appeal. The board of supervisors may affirm, reverse or modify the historic architectural review committee decision and shall notify the administrator of its action.

B.

Appeal of board of supervisors decision: Any person aggrieved by any decision of the board of supervisors may appeal such decision to the circuit court for the County of Surry provided that such appeal is filed within 30 days after the final decision is rendered by the board of supervisors. Filing of the petition shall stay the decision of the board of supervisors pending the outcome of the appeal to the circuit court, except that the time of such petition shall not stay the decision of the board of supervisors if such decision denies the right to raze or demolish a historic landmark, building or structure.

The Chesapeake Bay and its tributaries are one of the most important and productive estuarine systems in the world, providing economic and social benefits to the citizens of Surry County and the Commonwealth of Virginia. The health of the Bay is vital to maintaining Surry County's economy and the welfare of its citizens.

The Chesapeake Bay waters have been degraded significantly by many sources of pollution, including nonpoint source pollution from land uses and development. Existing high quality waters are worthy of protection from degradation to guard against further pollution. Certain lands that are proximate to shorelines have intrinsic water quality value due to the ecological and biological processes they perform. Other lands have severe development constraints from flooding, erosion, and soil limitations. With proper management, they offer significant ecological benefits by providing water quality maintenance and pollution control, as well as flood and shoreline erosion control. These lands together, designated by the board of supervisors as Chesapeake Bay Preservation Areas ("CBPAs"), need to be protected from destruction and damage in order to protect the quality of water in the Bay and consequently the quality of life in Surry County and the Commonwealth of Virginia.

It is the purpose of these provisions, adopted under the authority of Code of Virginia, §§ 62.1-44.15:73, 62.1-44.15:74, 62.1-44.15:76 and 15.2-2283 to support the goals and objectives of the Chesapeake Bay Preservation Act and the Surry County Comprehensive Plan by protecting and improving the water quality of the Chesapeake Bay, its tributaries, buffer areas and other sensitive environmental lands by minimizing the potential adverse effects of human activity upon these areas. The intent of these provisions is to:

—

Protect existing high quality state waters;

—

Restore all other state waters to a condition or quality that will permit all reasonable public uses and will support the propagation and growth of all aquatic life, including game fish, which might reasonably be expected to inhabit them;

—

Safeguard the clean waters of the commonwealth from pollution;

—

Reduce existing pollution;

—

Promote water resource conservation in order to comply with the requirements of the Chesapeake Bay Preservation Act.

The requirements contained herein establish the means to minimize erosion and sedimentation potential, reduce land application of nutrients and toxins, and maximize rainwater infiltration within the Chesapeake Bay Preservation Areas and ensure the long term performance of the measures employed. Natural ground cover, especially woody vegetation, is most effective in holding soil in place and preventing site erosion. Indigenous vegetation, with its adaptability to local conditions without the use of harmful fertilizers or pesticides, filters stormwater runoff. Minimizing impervious cover enhances rainwater infiltration and effectively reduces stormwater runoff potential.

Additionally, these regulations are intended to prevent a net increase in nonpoint source pollution from new development and development on previously developed land where the runoff was treated by a water quality protection best management practice, achieve a ten percent reduction in nonpoint source pollution from redevelopment, and achieve a 40 percent reduction in nonpoint source pollution from agricultural and silvicultural uses.

(Ord. No. 2022-05, 4-7-2022)

A.

At a minimum, resource protection areas shall consist of lands adjacent to water bodies with perennial flow that have an intrinsic water quality value due to the ecological and biological processes they perform or are sensitive to impacts which may cause significant degradation to the quality of state waters. In their natural condition, these lands provide for the removal, reduction or assimilation of sediments, nutrients and potentially harmful or toxic substances in runoff entering the bay and its tributaries, and minimize the adverse effects of human activities on state waters and aquatic resources.

The resource protection area shall include:

1.

Tidal wetlands;

2.

Nontidal wetlands connected by surface flow and contiguous to tidal wetlands or water bodies with perennial flow;

3.

Tidal shores;

4.

Such other lands considered by Surry County to meet the provisions of subsection A.1. through 4. of this section and to be necessary to protect the quality of state waters; and

5.

A buffer area not less than 100 feet in width located adjacent to and landward of the components listed in subsections A.1. through 4. above, and along both sides of any water body with perennial flow. The full buffer area shall be designated as the landward component of the resource protection area notwithstanding the presence of permitted uses, encroachments, and permitted vegetation clearing in compliance with 3-1403 of this section.

B.

Designation of the components listed in subdivisions 1 through 4 of subsection A of this section shall not be subject to modification unless based on reliable, site-specific information as provided for in 3-1403 and 3-1405.F.

C.

The RMA includes land types that, if improperly used or developed, have a potential for causing significant water quality degradation or for diminishing the functional value of the RPA.

D.

RMA designation. The RMA shall be provided contiguous to the entire inland boundary of the RPA and shall encompass a land area large enough to provide significant water quality protection through the employment of the criteria in 3-1401 and 3-1404. The RMA includes all remaining areas of Surry County which are located within the James River Watershed.

E.

RMA opt-out provision. Lots or parcels of record within the RMA may be exempt from the provisions of these provisions if they meet all the criteria listed below:

1.

Do not possess a RMA feature. The RMA features to which this pertains are:

a.

The 100-year floodplain;

b.

Nontidal wetlands not connected by surface flow and contiguous to tidal wetlands, water bodies with perennial flow or other tidal waters;

c.

Highly erodible and highly permeable soils;

d.

Slopes in excess of 15 percent;

e.

A 100-foot land adjacent to a resource protection area, where none of the components listed in subsections (1)(a) through (1)(d) of this section.

2.

An environmental site assessment as provided for in section 3-1405.B. or a submission of equal sufficiency and deemed acceptable by the administrator shall be submitted as evidence of the limits of the RMA.

(Ord. No. 2022-05, 4-7-2022)

The county shall, as part of their plan-of-development review process pursuant to section 3-1405.A. or during their review of a water quality impact assessment pursuant to section 3-1405.F. determine whether water bodies on or adjacent to the development site have perennial flow, and (ii) shall adjust resource protection area boundaries, as necessary, on the site, based on this evaluation of the site. The county may accomplish this by either conducting the site evaluations themselves or requiring the person applying to use or develop the site to conduct the evaluation and submit the required information for review.

A.

Interpretation of RPA boundaries. The site-specific boundaries of the RPA shall be determined by the applicant through the performance of an environmental site assessment conducted by a qualified professional. The qualified professional shall use the adopted map as a guide to the general location of an RPA and shall examine whether water bodies on or adjacent to the development site have perennial flow. If necessary, resource protection area boundaries shall be adjusted, on the site, based on the evaluation.

B.

Where conflicts arise over delineation. When the applicant provides a site-specific delineation of the RPA, the administrator will verify the accuracy of the boundary delineation. In determining the site-specific RPA boundary, the administrator may render adjustments to the applicant's boundary delineation, in accordance with these provisions and the Subdivision Ordinance for Surry County. In the event the adjusted boundary delineation is contested by the applicant, the applicant may seek relief from the board of zoning appeals in accordance with section 1-303 to determine the boundary delineation.

C.

Use and lot size provisions for lands within the RPA.

1.

Development within the RPA is limited to water-dependent facilities, redevelopment, a new use established pursuant to 3-1403.5.b of this section, is a road or driveway crossing satisfying the conditions set forth in subdivision 4 of this section, or is a flood control or stormwater management facility satisfying the conditions set forth in subdivision 5 of this section.

2.

A water quality impact assessment in accordance with 3-1405.F of this section shall be required for any proposed land disturbance.

3.

A new or expanded water dependent facility may be allowed provided that the following criteria are met.

a.

It does not conflict with the comprehensive plan and complies with performance standards of these provisions of the zoning ordinance.

b.

Any non-water-dependent land uses and all non-water-dependent components of water-dependent facilities shall be located outside of the resource protection area.

c.

Access, utilities or other land disturbance necessary to serve water-dependent facilities shall be kept to a minimum with a single point of access where possible.

3.

Redevelopment shall be permitted only if there is no increase in the amount of impervious cover and no further encroachment within the RPA and it shall conform to applicable stormwater management and erosion and sediment control criteria set forth in the Surry County Erosion and Sediment Control Ordinance and the Virginia Stormwater Management Act and regulations.

4.

Roads and driveways not exempt under 3-1407.A and which, therefore, must comply with the provisions of this section, may be constructed in or across RPAs if each of the following conditions is met:

a.

The county makes a finding that there are no reasonable alternatives to aligning the road or driveway in or across the RPA;

b.

The alignment and design of the road or driveway are optimized, consistent with other applicable requirements, to minimize (i) encroachment in the RPA and (ii) adverse effects on water quality;

c.

The design and construction of the road or driveway satisfy all applicable criteria of this section, including submission of a WQIA, and

d.

Surry County reviews the plan for the road or driveway proposed in or across the RPA in coordination with site plan, subdivision, and/or plan of development approvals.

5.

Flood control and stormwater management facilities that drain or treat water from multiple development projects or from a significant portion of a watershed may be allowed in resource protection areas provided such facilities are allowed and constructed in accordance with the Virginia Stormwater Management Act and its attendant regulations, and provided that (i) the local government has conclusively established that location of the facility within the resource protection area is the optimum location; (ii) the size of the facility is the minimum necessary to provide necessary flood control or stormwater treatment, or both; (iii) the facility must be consistent with a comprehensive stormwater management plan developed and approved in accordance with 9VAC25-870-92 of the Virginia Stormwater Management Program (VSMP) regulations; (iv) all applicable permits for construction in state or federal waters must be obtained from the appropriate state and federal agencies, such as the U.S. Army Corps of Engineers, the department, and the Virginia Marine Resources Commission; (v) approval must be received from the local government prior to construction; and (vi) routine maintenance is allowed to be performed on such facilities to assure that they continue to function as designed. It is not the intent of this subdivision to allow a best management practice that collects and treats runoff from only an individual lot or some portion of the lot to be located within a resource protection area.

6.

Lot size shall be subject to the requirements of the underlying zoning district(s), provided that any lot shall have sufficient area outside the resource protection area to accommodate an intended development, in accordance with the performance standards in section 3-1404 when such development is not otherwise allowed in the resource protection area.

D.

RPA buffer area requirements.

1.

To minimize the adverse effects of human activities on the other components of resource protection areas, state waters, and aquatic life, a 100-foot wide buffer area of vegetation that is effective in retarding runoff, preventing erosion, and filtering nonpoint source pollution from runoff shall be retained if present and established where it does not exist.

2.

The RPA buffer shall be located adjacent to and landward of other RPA components and along both sides of any water bodies with perennial flow. The full buffer area shall be designated as the landward component of the RPA. Notwithstanding permitted uses, encroachments, and vegetation clearing as set forth in this section, the 100-foot buffer is not reduced in width.

3.

The 100-foot RPA buffer shall be deemed to achieve a 75 percent reduction of sediments and a 40 percent reduction of nutrients.

4.

When agricultural or silvicultural uses within the buffer area cease, and the lands are proposed to be converted to other uses, the full 100-foot wide buffer area shall be reestablished. In reestablishing the buffer, management measures shall be undertaken to provide woody vegetation that assures the buffer functions are maintained or established.

5.

The RPA buffer shall be maintained in accordance with the following performance standards:

a.

In order to maintain the functional value of the buffer area, indigenous vegetation may be removed, subject to approval by the administrator, only to provide for reasonable sight lines, access paths, general woodlot management, and best management practices, including those that prevent upland erosion and concentrated flows of stormwater.

i.

Trees may be pruned only as necessary provide for sight lines and vistas, provided that where removed, they shall be replaced with other vegetation that is equally effective in retarding runoff, preventing erosion, and filtering nonpoint source pollution from runoff.

ii.

Any path shall be constructed and surfaced so as to effectively control erosion.

iii.

Dead, diseased, or dying trees or shrubbery and noxious weeds (such as Johnson grass, kudzu, and multiflora rose) may be removed and thinning of trees may be allowed in accordance with sound horticultural practices as permitted by the administrator.

iv.

For shoreline erosion control projects, trees and woody vegetation may be removed, necessary control techniques employed, and appropriate vegetation established to protect or stabilize the shoreline, in accordance with the best available technical advice subject to the issuance of all required permits.

b.

Permitted encroachments into the buffer area.

1.

When the application of the RPA buffer would result in the loss of a buildable area on a lot or parcel legally recorded prior to October 1, 1989, the administrator may, through an administrative process, permit encroachments into the buffer area in accordance with the following criteria:

i.

Encroachment into the buffer areas shall be the minimum necessary to achieve a reasonable buildable area for a principal structure and necessary utilities;

ii.

Where practicable a vegetated area that will maximize water quality protection mitigate the effects of the buffer encroachment, and is equal to the area encroaching within the buffer area shall be established elsewhere on the lot or parcel; and

iii.

The encroachment may not extend into the seaward 50 feet of the buffer area.

2.

When the application of the buffer area would result in the loss of a buildable area on a lot or parcel recorded between October 1, 1989 and March 1, 2002, the administrator may, through an administrative process, permit encroachments into the buffer area in accordance with 3-1405 and the following criteria:

i.

The lot or parcel was created as a result of a legal process conducted with the county's subdivision regulations;

ii.

Any specific conditions, mitigation measures or other such legally binding conditions or covenants imposed through a previously approved zoning case shall be binding and shall be met;

iii.

If the use of a best management practice (BMP) was previously required, the BMP shall be evaluated by a certified engineer (retained by the applicant) to determine if it continues to function effectively and, if necessary, the BMP shall be reestablished or repaired and maintained by the owner of record as required; and

iv.

The criteria in subsection (5)(b)(1) of this section shall be met.

c.

On agricultural lands the agricultural buffer area shall be managed to prevent concentrated flows of surface water from breaching the buffer area and appropriate measures may be taken to prevent noxious weeds (such as Johnson grass, kudzu, and multiflora rose) from invading the buffer area. Agricultural activities may encroach into the buffer area as follows:

i.

Agricultural activities may encroach into the landward 50 feet of the 100-foot wide buffer area when at least one agricultural best management practice which, in the opinion of the local soil and water conservation district board, addresses the more predominant water quality issue on the adjacent land - erosion control or nutrient management - is being implemented on the adjacent land, provided that the combination of the undisturbed buffer area and the best management practice achieves water quality protection, pollutant removal, and water resource conservation at least the equivalent of the 100-foot wide buffer area. If nutrient management is identified as the predominant water quality issue, a nutrient management plan, including soil tests, must be developed consistent with the Virginia Nutrient Training and Certification Regulations (4 VAC 5-15) administered by the Virginia Department of Conservation and Recreation.

ii.

Agricultural activities may encroach within the landward 75 feet of the 100-foot wide buffer area when agricultural best management practices which address erosion control, nutrient management, and pest chemical control, are being implemented on the adjacent land. The erosion control practices must prevent erosion from exceeding the soil loss tolerance level, referred to as "T," as defined in the "National Soil Survey Handbook" of November 1996 in the "Field Office Technical Guide" of the U.S. Department of Agriculture Natural Resource Conservation Service. A nutrient management plan, including soil tests, must be developed, consistent with the Virginia Nutrient Management Training and Certification. Regulations (4 VAC 5-15) administered by the Virginia Department of Conservation and Recreation. In conjunction with the remaining buffer area, this collection of best management practices shall be presumed to achieve water quality protection at least the equivalent of that provided by the 100-foot wide buffer area.

iii.

The buffer area is not required to be designated adjacent to agricultural drainage ditches if at least one best management practice which, in the opinion of the local soil and water conservation district board, addresses the more predominant water quality issue, either erosion control or nutrient management is being implemented on the adjacent land.

iv.

If specific problems are identified pertaining to agricultural activities that are causing pollution of the nearby water body with perennial flow or violate performance standards pertaining to the vegetated buffer area, the local government, in cooperation with soil and water conservation district, shall recommend a compliance schedule to the landowner and require the problems to be corrected consistent with that schedule. This schedule shall expedite environmental protection while taking into account the seasons and other temporal considerations so that the probability for successfully implementing the corrective measures is greatest.

v.

In cases where the landowner or the landowner's agent or operator has refused assistance from the local soil and water conservation district in complying with or documenting compliance with the agricultural requirements of this chapter, the district shall report the noncompliance to the local government. The local government shall require the landowner to correct the problems within a specified period of time not to exceed 18 months from their initial notification of the deficiencies to the landowner. The local government, in cooperation with the district, shall recommend a compliance schedule to the landowner. This schedule shall expedite environmental protection while taking into account the seasons and other temporal considerations so that the probability for successfully implementing the corrective measures is greatest.

6.

A water quality impact assessment is required for:

a.

Any proposed land disturbance, development or redevelopment within an RPA, including any buffer area encroachment.

b.

Any proposed land disturbance, development or redevelopment within an RMA when deemed necessary by the administrator due to the unique characteristics of the site (such as the topography, soils, ground cover, location of wetlands and tidal shores) or the intensity of the proposed development.

c.

The purpose of the water quality impact assessment is:

i.

To identify the impacts of proposed development on water quality and lands within an RPA and other environmentally sensitive lands consistent with the goals and objectives of the Chesapeake Bay Preservation Act, Regulations, and this section, and to determine specific measures for mitigation of those impacts;

ii.

To ensure that, where development does take place within RPAs and other sensitive lands, it will be located on those portions of a site and in a manner that will be least disruptive to the natural functions of RPAs and other sensitive lands;

iii.

To protect individuals from investing funds for, improvements proposed for a location on lands unsuited for such development because of high ground water, erosion, or vulnerability to flood and storm damage; and to specify mitigation which will address water quality protection.

(Ord. No. 2022-05, 4-7-2022)

A.

All development and redevelopment exceeding 2,500 square feet shall be subject to applicable provisions of the Subdivision Ordinance for Surry County, Erosion and Sediment Control Ordinance, and the Zoning Ordinance for Surry County.

B.

No more land shall be disturbed than is necessary to provide for the proposed use or development.

C.

All land development shall minimize impervious cover consistent with the use or development proposed.

D.

Indigenous vegetation shall be preserved to the maximum extent practicable consistent with the use or development proposed.

E.

All on-site sewage disposal systems not requiring VPDES permit shall be pumped out at least once every five years.

1.

If deemed appropriate by the health department and subject to conditions that the Surry County Health Department may set, Surry County may offer to the owners of such systems, as an alternative to the mandatory pump-out, the option of having a plastic filter installed and maintained in the outflow pipe from the septic tank to filter solid material from the effluent while sustaining adequate flow to the drainfield to permit normal use of the septic system. Such a filter should satisfy standards established in the Sewage Handling and Disposal Regulations (12 VAC 5-610) administered by the Virginia Department of Health.

2.

Furthermore, in lieu of requiring proof of septic tank pump-out every five years, Surry County may allow owners of on-site sewage treatment systems to submit documentation every five years, certified by an operator or onsite soil evaluator licensed or certified under Chapter 23 (Code of Virginia, § 54.1-2300 et seq.) of Title 54.1 of the Code of Virginia as being qualified to operate, maintain, or design onsite sewage systems, that the septic system has been inspected, is functioning properly, and the tank does not need to have the effluent pumped out of it.

F.

For new construction, provide a reserve sewage disposal site with a capacity at least equal to that of the primary sewage disposal site. This reserve sewage disposal site requirement shall not apply to any lot or parcel recorded prior to October 1, 1989, if the lot or parcel is not sufficient in capacity to accommodate a reserve sewage disposal site, as determined by the Surry County Health Department. Building shall be prohibited on the area of all sewage disposal sites until the structure is served by public sewer or an on-site sewage treatment system which operates under a permit issued by the State Water Control Board. All sewage disposal site records shall be administered to provide adequate notice and enforcement.

G.

Any Chesapeake Bay Preservation Act land disturbing activity as defined in Code of Virginia, § 62.1-44.15:24 of the Code of Virginia shall comply with the requirements of 9VAC25-870-51 and 9VAC25-870-103.

H.

Prior to initiating grading or other on-site land disturbing activities on any portion of a lot or parcel, all wetlands permits required by federal, state and local laws and regulations shall be obtained and evidence of such submitted to the administrator, in accordance with these provisions and the Surry County Subdivision Ordinance.

I.

Land upon which agricultural activities are being conducted, including but not limited to crop production, pasture, and dairy and feedlot operations, or lands otherwise defined as agricultural land by the local government, shall have a soil and water quality conservation assessment conducted that evaluates the effectiveness of existing practices pertaining to soil erosion and sediment control, nutrient management, and management of pesticides and, where necessary, results in a plan that outlines additional practices needed to ensure that water quality protection is being accomplished consistent with these provisions.

1.

Recommendations for additional conservation practices need address only those conservation issues applicable to the tract or field being accessed. Any soil and water quality conservation practices that are recommended as a result of such an assessment are subsequently implemented with financial assistance from federal or state cost-share programs must be designed, consistent with cost-share practice standards effect in January 1999 in the "Field Office Technical Guide" of the U.S. Department of Agriculture Natural Resource Conservation Service or the June 2000 edition of the "Virginia Agricultural BMP Manual" of the Virginia Department of Conservation and Recreation, respectively. Unless otherwise specified in this section, general standards pertaining to the various agricultural conservation practices being assessed shall be as follows:

a.

For erosion and sediment control recommendations, the goal shall be, where feasible, to prevent erosion from exceeding the soil loss tolerance level, referred to as "T," as defined in the "National Soil Survey Handbook" of November 1996 in the "Field Office Technical Guide" of the U.S. Department of Agriculture Natural Resource Conservation Service. However, in no case shall erosion exceed the soil loss consistent with an Alternative Conservation System, referred to as an "ACS", as defined in the "Field Office Technical Guide" of the U.S. Department of Agriculture Natural Resource Conservation Service.

b.

For nutrient management, whenever nutrient management plans are developed, the operator or landowner must provide soil test information, consistent with the Virginia Nutrient Management Training and Certification Regulations (4VAC50-85).

c.

For pest chemical control, referrals shall be made to the local cooperative extension agent or an Integrated Pest Management Specialist of the Virginia Cooperative Extension Service. Recommendations shall include copies of applicable information from the "Virginia Pest Management Guide" or other Extension materials related to pest control.

2.

A higher priority shall be placed on conducting assessments of agricultural fields and tracts adjacent to Resource Protection Areas. However, if the landowner or operator of such a tract also has Resource Management Area fields or tracts in his operation, the assessment for that landowner or operator may be conducted for all fields or tracts in the operation. When such an expanded assessment is completed, priority must return to Resource Protection Area fields and tracts.

3.

The findings and recommendations of such assessments and any resulting soil and water quality conservation plans will be submitted to the local Soil and Water Conservation District Board, which will be the plan-approving authority.

(Ord. No. 2022-05, 4-7-2022)

A.

Plan of development. Any development or redevelopment exceeding 2,500 square feet of land disturbance in the CBPA shall be accomplished through a plan of development process prior to any clearing or grading of the site or the issuance of any building permit, unless the administrator determines that due to the scope and nature of the proposed development certain of the required information is unnecessary. The submittal requirements of sections 3-1405.A. to 3-1405.F., as required, shall constitute a complete site plan submittal for land disturbance activities associated with individual one and two-family dwellings. Site plan submission requirements for commercial, industrial and multi-family dwellings shall comply with the submittal requirements of section 3-1405.A. to 3-1405.G. Administration of the plan of development process for other development or redevelopment activities shall be in accordance with these provisions for site plans, and the Subdivision Ordinance for Surry County for subdivision plats. The following plans or studies shall be submitted, unless otherwise provided for to accompany a site plan or subdivision plat.

B.

Environmental site assessment. An environmental site assessment prepared by an RPA delineator, as defined, shall be submitted in conjunction with a preliminary site plan or preliminary subdivision plat approval application.

1.

The environmental site assessment shall be drawn to scale on the submitted plan of development for one- and two-family dwellings, preliminary site plans and subdivision plats clearly delineating the following components:

a.

Tidal wetlands;

b.

Tidal shores;

c.

Nontidal wetlands connected by surface flow and contiguous to tidal wetlands or water bodies with perennial flow;

d.

Slopes greater than 15 percent;

e.

A 100-foot buffer area located adjacent to and landward of the components listed in subsections [a.] through [d.] above, and along both sides of any water bodies with perennial flow;

f.

Highly erodible, highly permeable, and hydric soils identified in the soil survey.

g.

RPA and RMA boundaries

2.

Wetlands delineations shall be performed consistent with the procedures specified in the most current Federal Manual for Identifying and Delineating Jurisdictional Wetlands.

3.

The environmental site assessment shall be drawn at the same scale as the site plan or subdivision plan, and shall be certified as complete and accurate by an RPA delineator competent to make the inventory.

C.

Landscape plan. A landscape plan, as described below, shall be submitted in conjunction with a site plan or preliminary subdivision plat approval application.

No clearing or grading of any lot or parcel shall be permitted without an approved landscape plan. Landscape plans may be required to be prepared and/or certified by design professionals practicing within their areas of competence as prescribed by the Code of Virginia.

1.

Contents of the plan.

a.

The landscape plan shall be drawn to scale and clearly delineate the location, size, and description of existing and proposed plant material. All existing trees on the site two inches or, greater in diameter at breast height (DBH) shall be shown on the plan, or where there are groups of trees, the woodlines of the group may be outlined instead. The specific number of trees two inches or greater DBH to be preserved outside of the impervious cover and outside the groups shall be indicated on the plan. Trees to be removed and woodlines to be changed to create desired and necessary impervious cover shall be clearly delineated on the plan.

b.

Any required buffer area, including the RPA boundary, shall be clearly delineated and any plant material to be added to establish or supplement the buffer area, as required by these provisions, shall be shown on the landscape plan.

c.

Within the buffer area, trees to be removed for sight lines, vistas, access paths, and BMPs, as provided for in these provisions, shall be shown on the landscape plan. Vegetation required by these provisions to replace any existing trees within the buffer area shall also be shown on the plan.

d.

Trees to be removed for shoreline stabilization projects and any replacement vegetation required by these provisions shall be shown on the landscape plan.

e.

The landscape plan shall depict grade changes or other work adjacent to trees which would affect them adversely. Specifications shall be provided as to how grade, drainage, and aeration would be maintained around trees to be preserved.

f.

The landscape plan shall include specifications for the protection of existing trees during clearing, grading, and all phases of construction.

2.

Plant specifications.

a.

All plant materials necessary to supplement the buffer area or vegetated areas outside the construction footprint shall be installed according to standard planting practices and procedures.

b.

All supplementary or replacement plant materials shall be living and in healthy condition. Plant materials shall conform to the standards of the most recent edition of the American Standard For Nursery Stock published by the American Association of Nurserymen.

c.

Where areas to be preserved, as designated on an approved landscape plan, are encroached, replacement of existing trees and other vegetation will be achieved at a ratio of two planted trees to one removed. Replacement trees shall be a minimum two and one-half inches caliper measured six inches above the ground at the time of planting.

3.

Maintenance.

a.

The applicant shall be responsible for the maintenance, repair, and replacement of all vegetation as may be required by the provisions of these provisions.

b.

In buffer areas and areas outside the impervious cover, plant material shall be tended and maintained in a healthy growing condition and free from harmful refuse and debris. Unhealthy, dying, or dead plant materials shall be replaced during the next planting season, as required by these provisions.

D.

Stormwater management plan. A stormwater management plan shall be submitted as part of the plan of development process required by the Virginia Stormwater Management Regulations in conjunction with site plan or subdivision plat approval. This submittal is not required for individual one- and two-family homes located on lots one acre or greater in size if the impervious cover is 16 percent or less of the total site area.

1.

Contents of the plan. At a minimum, the stormwater management plan shall contain the following:

a.

Location and design of stormwater control devices and BMPs.

b.

Procedures for implementing nonstructural stormwater control practices.

c.

Pre- and post-development nonpoint source pollution loadings with supporting documentation of all utilized coefficients and calculations.

d.

For facilities, verification of structural soundness, including a professional engineer or Class IIIB Surveyor Certification.

2.

The plan shall establish a long-term schedule for inspection and maintenance of stormwater management facilities that includes all maintenance requirements and persons responsible for performing maintenance. If the designated maintenance responsibility is with a party other than Surry County, then a maintenance agreement shall be executed between the responsible party and the county.

3.

All engineering calculations must be performed in accordance with the procedures outlined in the current edition of the Virginia Stormwater Management Handbook.

E.

Erosion and sediment control. An erosion and sediment control plan in accordance with the Erosion and Sediment Control Ordinance for Surry County.

F.

Water quality impact assessment.

1.

The water quality impact assessment shall be certified as complete and accurate by a professional engineer or other individual with demonstrated competence satisfactory to the county.

2.

Reserved.

3.

Reserved.

4.

A water quality impact assessment must demonstrate through acceptable calculations that the remaining buffer area and necessary best management practices will result in removal of no less than 75 percent of sediments and 40 percent of nutrients from post-development stormwater runoff.

5.

There shall be two levels of assessment, minor and major.

6.

Minor water quality impact assessment. A minor water quality impact assessment pertains only to land disturbance, development or redevelopment activity within a CBPA which causes no more than 5,000 square feet of land disturbance and/or which proposes to encroach into the landward 50 feet of the 100-foot buffer area as permitted under section 3-1403.D.5.b. of this ordinance. A minor assessment must demonstrate that the undisturbed buffer area, enhanced vegetative plantings and any required best management practices will result in the removal of no less than 75 percent of sediments and 40 percent of nutrients from post development stormwater runoff and that will retard runoff, prevent erosion, and filter nonpoint source pollution the equivalent of the full undisturbed 100-foot buffer area. The minor assessment shall include a site drawing to scale which shows the following:

a.

Location of the components of the resource protection area, including the 100-foot buffer area and the location of any water body with perennial flow.

b.

Location of the components of the resource management area if an RMA opt out is proposed.

c.

Location and nature of the proposed encroachment into the buffer area, including: type of paving material; areas of clearing or grading; location of any structures, drives, or other impervious cover; and sewage disposal systems or reserve drainfield sites;

d.

Type and location of proposed best management practices to mitigate the proposed encroachment.

e.

Location of existing vegetation onsite, including the number and type of trees and other vegetation to be removed in the buffer to accommodate the encroachment or modification;

f.

Re-vegetation plan that supplements the existing buffer vegetation in a manner that provides for pollutant removal, erosion and runoff control.

7.

Major water quality impact assessment. A major water quality impact assessment shall be required for any development which (i) exceeds 5,000 square feet of land disturbance within CBPAs and proposes to encroach into the landward 50 feet of the 100-foot buffer area; (ii) proposes to disturb any portion of the seaward 50 feet of the 100-foot buffer area or any other component of an RPA; or (iii) is located solely in a RMA when deemed necessary by the administrator. The information required in this section shall be considered a minimum, unless the administrator determines that some of the elements are unnecessary due the scope and nature of the proposed use and development of land.

The following elements shall be included in the preparation and submission of a major water quality impact assessment.

a.

All information required as part of a minor water quality impact assessment;

b.

The identification of the existing characteristics and conditions of sensitive lands as components of the CBPA, as defined herein;

c.

The identification of the natural processes and ecological relationships inherent in the site, and an assessment of the impact of the proposed use and development of land on these processes and relationships;

d.

A hydrogeological study which describes the existing topography, soils, hydrology and geology on the site and adjacent lands, and indicates the impacts of the proposed development on these features as well as the following:

i.

Disturbance wetlands and justification for such action;

ii.

Disruptions or reductions in the supply of water to wetlands, streams, lakes, rivers or other water bodies;

iii.

Distributions to existing hydrology including wetland and. stream circulation patterns;

iv.

Source location and description of proposed fill material;

v.

Location of dredge material and location of dumping area for such material;

vi.

Estimation of pre- and post-development pollutant loads in runoff.

vii.

Estimation of percent increase in impervious surface on site and type(s)of surfacing materials used;

viii.

Percent of site to be cleared for project;

ix.

Anticipated duration and phasing schedule of construction project;

x.

The proposed mitigation measures associated with potential hydrogeological impacts which may include minimizing cut and fill, a proposed stormwater management system, the creation of wetlands to replace those lost, and the use of erosion and sediment control concepts such as minimizing the extent of cleared areas, perimeter controls, reduction of runoff velocities, measures to stabilize disturbed areas, and the implementation of a comprehensive site inspection program;

xi.

A listing of all requisite permits from all applicable agencies necessary to develop the project.

e.

A landscaping plan in accordance with the requirements of section 3-1405.C.

8.

Evaluation procedure:

a.

Upon the completed review of a minor water quality impact assessment, the administrator will determine if any proposed modification or encroachment into the buffer area is consistent with the these provisions and make a finding based upon the following criteria:

i.

The necessity of the proposed encroachment and the ability to place improvements elsewhere on the site to avoid disturbance of the buffer area;

ii.

Impervious surface is minimized;

iii.

Proposed best management practices, where required, achieve the requisite reductions in pollutant loadings;

iv.

The development, as proposed, meets the purpose and intent of these provisions;

v.

The cumulative impact of the proposed development, when considered in relation to other development in the vicinity, both existing and proposed, will not result in a significant degradation of water quality.

b.

Upon the completed review of a major water quality impact the administrator will determine if the proposed development is consistent with the purpose and intent of these provisions and make a finding based upon the following criteria:

i.

Within any RPA, the proposed development is water-dependent;

ii.

The disturbance of wetlands will be minimized;

iii.

The development will not result in significant disruption of the hydrology of the site;

iv.

The development will not result significant degradation vegetation or life;

v.

The development will not result in unnecessary destruction of plant materials on site;

vi.

Proposed erosion and sediment control concepts are adequate to achieve the reductions in runoff and prevent off-site sedimentation;

vii.

Proposed stormwater management concepts are adequate to control the stormwater runoff to achieve the required standard for pollutant control;

viii.

Proposed revegetation of disturbed areas will provide optimum erosion and sediment control benefits;

ix.

The design and location of any proposed drainfield will be in accordance with the requirements of section 3-1404 and 3-1405;

x.

The development, as proposed, is consistent with the purpose and intent of these provisions;

xi.

The cumulative impact of the proposed development, when considered in relation to other development in the vicinity, both existing and proposed, will not result in a significant degradation of water quality.

c.

The administrator shall require additional mitigation where potential impacts have not been adequately addressed. Evaluation of mitigation measures will be made by the administrator based on the criteria herein.

d.

The administrator shall find the proposal to be inconsistent with the purpose and intent of these provisions when the impacts created by the proposal cannot be mitigated. Evaluation of the impacts will be made by the administrator based on the criteria herein.

G.

Supplemental submittal requirements for commercial, industrial, and multi-family site plans.

1.

Preliminary site plans. The preliminary site plans shall be clearly drawn to scale as specified below and shall show the following:

a.

The proposed title of the project, owner or owners of the land, and name of the engineer, architect, designer, or landscape architect, and the developer.

b.

The northpoint, scale, and date.

c.

Location of the project by an insert map at a scale of not less than one inch equals 2,000 feet, indicating the scale, the north arrow, and such information as the names and numbers of adjoining roads, streams and bodies of water, railroads, subdivisions, towns, and magisterial districts or other landmarks sufficient to clearly identify the location of the property.

d.

Existing zoning and zoning district boundaries and proposed changes in zoning if any.

e.

The boundaries of the property involved, county or municipal boundaries, the general location of all existing easements and property lines, existing streets, buildings, or waterways, major tree masses and other existing physical features in or adjoining the project.

f.

Uses of owners adjoining properties and names of owners.

g.

Topography of the project area with contour intervals of two feet or less, unless waived by the administrator as clearly unnecessary to review of the project or proposal.

h.

The approximate location and sizes of sanitary and storm sewers, water mains, culverts, and other underground structures, existing and planned, in or near the project.

i.

The general location and character of construction of proposed streets, alleys, driveways, curb cuts, entrances and exits, loading areas, (including numbers of parking and loading spaces), outdoor lighting systems, storm drainage and sanitary facilities.

j.

The general location of proposed lots, setback lines, and easements and proposed reservations for parks, parkways, playgrounds, school sites, and open spaces.

k.

Location with respect to each other and to lot lines, number of floors, number of dwelling units and approximate height of all proposed buildings and structures, accessory and main, or major excavations.

l.

Preliminary plans and elevations of the several dwelling types and other buildings, as may be necessary.

m.

General location, height, and material of all fences, walls, screen planting, and landscaping.

n.

General location, character, size, and orientation of proposed signs.

o.

A tabulation of the total number of dwelling units of various types in the project and the overall project density in dwelling units per acre, gross or net as required by district regulations.

p.

If located in a Chesapeake Bay Preservation Area, the delineation of an RMA, RPA and RPA buffer area; the delineation of a primary and reserve sewage disposal site, if applicable; as well as the information specified in section 3-1404.B. of these provisions.

The administrator may establish additional requirements for preliminary site plans, and in special cases, may waive a particular requirement if, in his written opinion, the inclusion of that requirement is not essential to a proper decision on the project. Site plans may be prepared on one or more sheets to show clearly the information required by these provisions and to facilitate the review and approval of the plan. If prepared in more than one sheet, match lines shall indicate where the several sheets join. Each plan sheet shall reserve a blank space three inches wide and five inches high for the use of the approving authority site plans shall be prepared to a scale of one inch equals 50 feet, or such other scale as may be approved by the administrator as appropriate to a particular case.

2.

Final site plans. The final site plan shall show the following:

a.

All of the features required on the preliminary site plan with sufficiently accurate dimensions, construction specifications and computations to support the issuance of construction permits.

b.

All existing and proposed water and sanitary sewer facilities indicating all pipe sizes, types and grades and where connection is to be made to the county or other utility system.

c.

Provisions for the adequate disposition of natural and storm water in accordance with the duly adopted design criteria and standards of the county indicating the location sizes, types and grades of ditches, catch basins and pipes and connections to existing drainage system. Provision for the adequate control of erosion and sedimentation, indicating the proposed temporary and permanent control practices and measures which will be implemented during all phases of clearing, grading, and construction.

d.

Existing topography with two-foot contour interval or such intervals as approved by the administrator. Where existing ground is on a slope of less than two percent, either one-foot contours or spot elevations where necessary but not more than 50 feet apart in both directions.

e.

Proposed finished grading by contours supplemented where necessary by spot elevations.

f.

All horizontal dimensions shown on the site plan shall be in feet and decimals of a foot to the nearest one hundredth of a foot; and all bearings in degrees, minutes, and seconds to the nearest ten seconds.

g.

The delineation of an RMA, RPA and RPA buffer area as well as a primary and reserve sewage disposal site, if applicable.

3.

Procedure for approval of site plans.

a.

Five copies of a preliminary site plan or plans shall be filed with the administrator. The preliminary site plan shall be accompanied by such other written or graphic material as may be deemed essential in aiding the decisions of the administrator as set out in writing by the administrator.

b.

Approval by the administrator of a preliminary site plan shall be valid for a period of one year. A final site plan shall be prepared and filed with the administrator and shall comply with the specifications of these provisions and applicable laws, regulations, and ordinances governing development of land. Permits shall be issued in accord with the approved and filed plat. All wetland permits required by law and all necessary maintenance agreements ensuring proper maintenance of best management practices must be on file with the administrator before the final plan is approved.

4.

Amendments and additions to site plans. The procedure for amendment of approved site plans shall be the same as for a new application, except that minor amendments of an approved site plan may be approved by the administrator's initialing of the change on the plan. A change may be made provided it:

a.

Does not alter a recorded subdivision plat,

b.

Does not conflict with the requirements of this ordinance, specific

5.

Revocation of permits. No permit shall be issued for any structure in any area covered by a site plan under these provisions except in conformity to such plan which has been duly approved. The county, after written notice and a hearing if requested, for failure to comply with the approved plan, the conditions attached thereto, or other applicable regulations may revoke permits.

6.

Approval and extension. Approval of final site plan submitted under the these provisions shall expire one year after the date of such approval unless building permits have been obtained for construction in accordance therewith. A single one-year extension may be given upon written request by the applicant to the administrator within 90 days before the expiration of the approved site plan. The administrator shall acknowledge the request and shall make a decision regarding the requested extension within 30 days after receipt of the request.

(Ord. No. 2022-05, 4-7-2022)

A.

Where buffer areas, landscaping, stormwater management facilities or other specifications of an approved plan or plat are required, no certificate of occupancy shall be issued until the installation of required plant materials or facilities is completed, in accordance with the approved plan or plat.

B.

When the occupancy of a structure is desired prior to the completion of the required landscaping, stormwater management facilities, or other specifications of an approved plan, a certificate of occupancy may be issued only if the applicant provides to Surry County a form of surety satisfactory to the county attorney in an amount equal to the remaining plant materials, related materials, and installation costs of the required landscaping or facilities and/or maintenance costs for any required stormwater management facilities during the construction period.

C.

All required landscaping shall be installed and approved by the first planting season following issuance of a certificate of occupancy or the surety may be forfeited to the county.

D.

All required stormwater management facilities or other specifications shall be installed and approved within 18 months of project commencement. Should the applicant fail, after proper notice, to initiate, complete or maintain appropriate actions required by the approved plan, the surety may be forfeited to the county. The county may collect from the applicant the amount by which the reasonable cost of required actions exceeds the amount of the surety held.

E.

After all required actions of the approved plan or plat have been completed, the applicant must submit a written request for a final inspection. If the requirements of the approved plan have been completed to the satisfaction of the administrator, such unexpended or unobligated portion of the surety held shall be refunded to the applicant or terminated within 60 days following the receipt of the applicant's request for final inspection. The administrator, provided his justification for same is set out in writing, may require a certificate of substantial completion from a professional engineer or Class IIIB surveyor before making a final inspection.

(Ord. No. 2022-05, 4-7-2022)

A.

Public utilities, railroads, public roads, and facilities exemptions.

1.

Construction, installation, operation, and maintenance of electric, natural gas, fiber-optic, and telephone transmission lines, railroads, and public roads and their appurtenant structures in accordance with (i) regulations promulgated pursuant to the Erosion and Sediment Control Law (Code of Virginia, § 62.1-44.15:51 et seq.) and the Stormwater Management Act (Code of Virginia, § 62.1-44.15:24 et seq.), (ii) an erosion and sediment control plan and a stormwater management plan approved by the Virginia Department of Environmental Quality, or (iii) local water quality protection criteria at least as stringent as the above state requirements will be deemed to constitute compliance with this chapter. The exemption of public roads is further conditioned on the following, (i) that the optimization of road alignment and design is consistent with other applicable requirements, to prevent or otherwise minimize (i) encroachment in the resource protection area and (ii) adverse effects on water quality.

B.

Construction, installation and maintenance of water, sewer, natural gas and underground telecommunications and cable television lines owned, permitted, or both, by Surry County or regional service authority shall be exempt from the criteria in this part provided that:

1.

To the degree possible, the location of such utilities and facilities should be outside resource protection areas;

2.

No more land shall be disturbed than is necessary to provide for the proposed utility installation;

3.

All such construction, installation and maintenance of such utilities and facilities shall be in compliance with all applicable state and federal permits and designed and conducted in a manner that protects water quality; and

4.

Any land disturbance exceeding an area of 2,500 square feet complies with all erosion and sediment control requirements of this part.

C.

Exemptions for silvicultural activities. Silvicultural activities in Chesapeake Bay Preservation Areas are exempt from this chapter provided that silvicultural operations adhere to water quality protection procedures prescribed by the Virginia Department of Forestry in the fifth edition (March 2011) of "Virginia's Forestry Best Management Practices for Water Quality Technical Manual." The Virginia Department of Forestry will oversee and document installation of best management practices and will monitor in-stream impacts of forestry operations in Chesapeake Bay Preservation Areas.

D.

Exemptions for water wells, passive recreation facilities and historic preservation and archaeological activities in RPAs. Exemptions from these requirements may be granted for the following land disturbances in RPAs: (i) water wells; (ii) passive recreation facilities such as boardwalks, trails, and pathways; and (iii) historic preservation and archaeological activities, provided that it is demonstrated to the satisfaction of the administrator that:

1.

Any required permits, except those to which this exemption specifically applies, shall have been issued;

2.

Sufficient and reasonable proof is submitted that the intended use will not deteriorate water quality;

3.

The intended use does not conflict nearby planned or approved uses; and

4.

Any land disturbance, exceeding an area of 2,500 shall comply with the Erosion and Sediment Control Ordinance for Surry County.

(Ord. No. 2022-05, 4-7-2022)

A.

Surry County may permit the continued use, but not necessarily the expansion, of any structure in existence on December 19, 1991.

B.

The administrator may grant a nonconforming use waiver for structures on legal nonconforming lots or parcels to provide for remodeling and alterations to such nonconforming structures provided that:

1.

There will be no net increase in nonpoint source pollutant load; and

2.

Any development or land disturbance exceeding an area of 2,500 square feet complies with all erosion and sediment control requirements of this part.

C.

This chapter shall not be construed to prevent the reconstruction of pre-existing structures within Chesapeake Bay Preservation Areas from occurring as a result of casualty loss unless otherwise restricted by local government ordinances.

D.

An application for the expansion of a nonconforming principal structure may be approved by the administrator through an administrative review process provided that the following findings are made:

1.

The request for the waiver is the minimum necessary to afford relief;

2.

Granting the waiver will not confer upon the applicant any specific privileges that are denied by these provisions to other property owners in similar situations;

3.

The waiver is in harmony with the purpose and intent of these provisions and does not result in water quality degradation;

4.

The waiver is not based on conditions or circumstances that are self-created or self-imposed;

5.

Other findings, as appropriate and required by Surry County are met; and

6.

Reasonable and appropriate conditions are imposed, as warranted, that will prevent the waiver from causing a degradation of water quality;

7.

This provision shall not apply to accessory structures.

(Ord. No. 2022-05, 4-7-2022)

A.

Request for exception. A request for an exception to the requirements of section 3-1403.C, and 3-1403.D. of this ordinance shall be made in writing to the planning commission. It shall identify the impacts of the proposed exception on water quality and on lands within the RPA through the performance of a water quality impact assessment which complies with these provisions. It shall also include an erosion and sediment control plan and address the applicable findings listed below.

B.

Surry County shall notify the affected public of any exception requests to sections 3-1403.C, and 3-1403.D which shall be considered in a public hearing in accordance with Code of Virginia, § 15.2-2204, except that only one hearing shall be required.

C.

Exception review. The planning commission shall review the request for an exception to sections 3-1403.C and 3-1403.D and the water quality impact assessment and may grant the exception with such conditions and safeguards as deemed necessary to further the purpose of these provisions if the planning commission finds:

1.

Granting the exception will not confer upon the applicant any special privileges that are denied by these provisions to other property owners in the CBPA;

2.

The exception request is not based upon conditions or circumstances that are self-created or self-imposed, nor does the request arise from conditions or circumstances either permitted or non-conforming that are related to adjacent parcels;

3.

The exception request is the minimum necessary to afford relief;

4.

The exception request will be consistent with the purpose and intent of these provisions, and not injurious to the neighborhood or otherwise detrimental to the public welfare; and is not of substantial detriment to water quality; and

5.

Reasonable and appropriate conditions are imposed which will prevent the exception from causing a degradation of water quality.

D.

A request for an exception to the requirements of section 1404 shall be made in writing to the administrator. The administrator may grant these exceptions provided that the findings noted in section 3-1409.C are made.

E.

A request for an exception to the requirements of sections other than 3-1403.C, 3-1403.D, and 3-1404 shall be made in writing to the administrator. The administrator may grant these exceptions provided that:

1.

Exceptions to the requirements are the minimum necessary to afford relief.

2.

Reasonable and appropriate conditions are imposed which will prevent the exception from causing a degradation of water quality.

(Ord. No. 2022-05, 4-7-2022)

A.

If the planning commission cannot make the required findings or refuses to grant an exception, the applicant may appeal by submitting a written application for review to the board of zoning appeals ("board") in accordance with section 1-303 of this ordinance. The board shall hear the appeal as soon as practical after receipt of a complete application accompanied by the water quality impact assessment and the planning commission's written findings and rationale.

B.

In rendering its decision, the board shall consider the water quality impact assessment and the findings and rationale of the planning commission and balance the hardship to the property owner with the purpose, intent, and objectives of these provisions.

(Ord. No. 2022-05, 4-7-2022)

A.

Appurtenant or accessory structure. A non-residential structure which is on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure. Accessory structures not to exceed 600 square feet.

B.

Base flood. The flood having a one percent chance of being equaled or exceeded in any given year.

C.

Base flood elevation. The water surface elevations of the base flood, this is, the flood level that has a one percent or greater chance of occurrence in any given year. The water surface elevation of the base flood in relation to the datum specified on the community's flood insurance rate map. For the purposes of this ordinance, the base flood is the one percent annual chance flood.

D.

Basement. Any area of the building having its floor sub-grade (below ground level) on all sides.

E.

Board of zoning appeals. The board appointed to review appeals made by individuals with regard to decisions of the zoning administrator in the interpretation of this ordinance.

F.

Coastal A Zone. Flood hazard areas that have been delineated as subject to wave heights between one and one-half feet and three feet.

G.

Development. Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, temporary structures, mining, dredging, filling, grading, paving, excavation or drilling or other land-disturbing activities or permanent or temporary storage of equipment or materials.

H.

Elevated building. A non-basement building built to have the lowest floor elevated above the ground level by means of solid foundation perimeter walls, pilings, or columns (posts and piers).

I.

Encroachment. The advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain.

J.

Existing construction. Structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975 for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures" and "pre-FIRM."

K.

Flood or flooding.

1.

A general or temporary condition of partial or complete inundation of normally dry land areas from:

a.

The overflow of inland or tidal waters; or,

b.

The unusual and rapid accumulation or runoff of surface waters from any source.

c.

Mudflows which are proximately caused by flooding as defined in paragraph (1)(b) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.

2.

The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in subsection 1.(a) of this definition.

L.

Flood insurance rate map (FIRM). An official map of a community, on which the Federal Emergency Management Agency has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a digital flood insurance rate map (DFIRM).

M.

Flood insurance study (FIS). A report by FEMA that examines, evaluates and determines flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudflow and/or flood-related erosion hazards.

N.

Floodplain or flood-prone area. Any land area susceptible to being inundated by water from any source.

O.

Flood proofing. Any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

P.

Floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot at any point within the community.

Q.

Freeboard. A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization in the watershed. When a freeboard is included in the height of a structure, the flood insurance premiums may be less expensive.

R.

Functionally dependent use - A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. This term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and shipbuilding and ship repair facilities, but does not include long-term storage or related manufacturing facilities.

S.

Highest adjacent grade. The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

T.

Historic structure. Any structure that is:

1.

Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

2.

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the secretary to qualify as a registered historic district;

3.

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or,

4.

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

a.

By an approved state program as determined by the Secretary of the Interior; or,

b.

Directly by the Secretary of the Interior in states without approved programs.

U.

Hydrologic and hydraulic engineering analysis. Analyses performed by a licensed professional engineer, in accordance with standard engineering practices that are accepted by the Virginia Department of Conservation and Recreation and FEMA, used to determine the base flood, other frequency floods, flood elevations, floodway information and boundaries, and flood profiles.

V.

Letters of map change (LOMC). A letter of map change is an official FEMA determination, by letter, that amends or revises an effective flood insurance rate map or flood insurance study. Letters of map change include:

Letter of map amendment (LOMA): An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective flood insurance rate map and establishes that a land as defined by meets and bounds or structure is not located in a special flood hazard area.

Letter of map revision (LOMR): A revision based on technical data that may show changes to flood zones, flood elevations, floodplain and floodway delineations, and planimetric features. A letter of map revision based on fill (LOMR-F), is a determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer exposed to flooding associated with the base flood. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community's floodplain management regulations.

Conditional letter of map revision (CLOMR): A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective flood insurance rate map or flood insurance study.

W.

Lowest adjacent grade. The lowest natural elevation of the ground surface next to the walls of a structure.

X.

Lowest floor. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of Federal Code 44CFR § 60.3.

Y.

Manufactured home. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days, but does not include a recreational vehicle.

Z.

Manufactured home park or subdivision. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

AA.

Mean Sea Level - for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or the North American Vertical Datum (NAVD) of 1988 to which base flood elevations shown on a community's FIRM are referenced.

BB.

New construction. For the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after November 2, 1990 and includes any subsequent improvements to such structures. For floodplain management purposes, new construction means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.

CC.

Post-FIRM structures. A structure for which construction or substantial improvement occurred on or after November 2, 1990.

DD.

Pre-FIRM structures. A structure for which construction or substantial improvement occurred before November 2, 1990.

EE.

Primary frontal dune - a continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms.

FF.

Recreational vehicle. A vehicle which is:

1.

Built on a single chassis;

2.

400 square feet or less when measured at the largest horizontal projection;

3.

Designed to be self-propelled or permanently towable by a light duty truck; and,

4.

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational camping, travel, or seasonal use.

GG.

Repetitive loss structure. A building covered by a contract for flood insurance that has incurred flood-related damages on two occasions during a ten-year period ending on the date of the event for which a second claim is made, in which the cost of repairing the flood damage, on the average, equaled or exceeded 25 percent of the market value of the building at the time of each flood event; and at the time of the second incidence of flood-related damage, the contract for flood insurance contains increased cost of compliance coverage.

HH.

Severe repetitive loss structure. A structure that: (a) Is covered under a contract for flood insurance made available under the NFIP; and (b) Has incurred flood related damage - (i) for which 4 or more separate claims payments have been made under flood insurance coverage with the amount of each such claim exceeding $5,000.00, and with the cumulative amount of such claims payments exceeding $20,000.00, or (ii) For which at least two separate claims payments have been made under such coverage, with the cumulative amount of such claims exceeding the market value of the insured structure.

II.

Shallow flooding area. A special flood hazard area with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

JJ.

Special flood hazard area. The land in the floodplain subject to a one percent or greater chance of being flooded in any given year as determined in article III, section 3-1517 of this ordinance.

KK.

Start of construction. For other than new construction and substantial improvement, under the Coastal Barriers Resource Act (P.L. - 97-348), means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, substantial improvement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of the construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

LL.

Structure. For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.

MM.

Substantial damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. It also means flood-related damages sustained by a structure on two occasions in a ten-year period, in which the cost of the repair, on the average, equals or exceeds 25 percent of the market value of the structure at the time of each such flood event.

NN.

Substantial improvement. Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage regardless of the actual repair work performed. The term does not, however, include either:

1.

Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or

2.

Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.

3.

Historic structures undergoing repair or rehabilitation that would constitute a substantial improvement as defined above, must comply with all ordinance requirements that do not preclude the structure's continued designation as a historic structure. Documentation that a specific ordinance requirement will cause removal of the structure from the National Register of Historic Places or the State Inventory of Historic places must be obtained from the Secretary of the Interior or the State Historic Preservation Officer. Any exemption from ordinance requirements will be the minimum necessary to preserve the historic character and design of the structure.

OO.

Violation. The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this ordinance is presumed to be in violation until such time as that documentation is provided.

PP.

Watercourse. A lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

(Ord. No. 2022-04, 2-3-2022)

Surry County, Virginia and Incorporated Areas

Surry County, Virginia and Incorporated Areas

(Ord. No. 2022-04, 2-3-2022)

This ordinance is adopted pursuant to the authority granted to localities by Code of Virginia § 15.2-2280.

The purpose of these provisions is to prevent: the loss of life and property, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by:

A.

Regulating uses, activities, and development which, alone or in combination with other existing or future uses, activities, and development, will cause unacceptable increases in flood heights, velocities, and frequencies;

B.

Restricting or prohibiting certain uses, activities, and development from locating within districts subject to flooding;

C.

Requiring all those uses, activities, and developments that do occur in flood-prone districts to be protected and/or flood-proofed against flooding and flood damage; and,

D.

Protecting individuals from buying land and structures which are unsuited for intended purposes because of flood hazards.

(Ord. No. 2022-04, 2-3-2022)

These provisions shall apply to all privately and publicly owned lands within the jurisdiction of Surry County, Virginia and identified as areas of special flood hazard according to the flood insurance rate map (FIRM) that is provided to the County of Surry, Virginia by FEMA.

(Ord. No. 2022-04, 2-3-2022)

A.

No land shall hereafter be developed and no structure shall be located, relocated, constructed, reconstructed, enlarged, or structurally altered except in full compliance with the terms and provisions of this ordinance and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this ordinance.

B.

The degree of flood protection sought by the provisions of this ordinance is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study, but does not imply total flood protection. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This ordinance does not imply that districts outside the floodplain district or land uses permitted within such district will be free from flooding or flood damages.

C.

This ordinance shall not create liability on the part of Surry County, Virginia or any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder.

(Ord. No. 2022-04, 2-3-2022)

Records of actions associated with administering this ordinance shall be kept on file and maintained by the floodplain administrator in perpetuity.

(Ord. No. 2022-04, 2-3-2022)

This ordinance supersedes any ordinance currently in effect in flood-prone districts. Any ordinance, however, shall remain in full force and effect to the extent that its provisions are more restrictive.

These regulations are not intended to repeal or abrogate any existing ordinances including subdivision regulations, zoning ordinances, or building codes. In the event of a conflict between these regulations and any other ordinance, the more restrictive shall govern.

(Ord. No. 2022-04, 2-3-2022)

If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance shall be declared invalid for any reason whatever, such decision shall not affect the remaining portions of this ordinance. The remaining portions shall remain in full force and effect; and for this purpose, the provisions of this ordinance are hereby declared to be severable.

(Ord. No. 2022-04, 2-3-2022)

Any person who fails to comply with any of the requirements or provisions of this article or directions of the director of planning or any authorized employee of the County of Surry, Virginia shall be guilty of the appropriate violation and subject to the penalties therefore.

The VA USBC addresses building code violations and the associated penalties in Section 104 and Section 115. Violations and associated penalties of the Zoning Ordinance of Surry County, Virginia, are addressed in Article One, Section 1-206, Enforcement of the Zoning Ordinance.

In addition to the above penalties, all other actions are hereby reserved, including an action in equity for the proper enforcement of this article. The imposition of a fine or penalty for any violation of, or noncompliance with, this article shall not excuse the violation or noncompliance or permit it to continue; and all such persons shall be required to correct or remedy such violations within a reasonable time. Any structure constructed, reconstructed, enlarged, altered or relocated in noncompliance with this article may be declared by Surry County, Virginia to be a public nuisance and abatable as such. Flood insurance may be withheld from structures constructed in violation of this article.

(Ord. No. 2022-04, 2-3-2022)

The planning and community development director or designee is hereby appointed to administer and implement these regulations and is referred to herein as the floodplain administrator. The floodplain administrator may:

(A)

Do the work themselves. In the absence of (a designated floodplain administrator, the duties are conducted by the County of Surry, Virginia Chief Executive Officer.

(B)

Delegate duties and responsibilities set forth in these regulations to qualified technical personnel, plan examiners, inspectors, and other employees.

(C)

Enter into a written agreement or written contract with another community or private sector entity to administer specific provisions of these regulations. Administration of any part of these regulations by another entity shall not relieve the community of its responsibilities pursuant to the participation requirements of the National Flood Insurance Program as set forth in the Code of Federal Regulations at 44 C.F.R. Section 59.22.

(Ord. No. 2022-04, 2-3-2022)

The duties and responsibilities of the floodplain administrator shall include but are not limited to:

(A)

Review applications for permits to determine whether proposed activities will be located in the special flood hazard area (SFHA).

(B)

Interpret floodplain boundaries and provide available base flood elevation and flood hazard information.

(C)

Review applications to determine whether proposed activities will be reasonably safe from flooding and require new construction and substantial improvements to meet the requirements of these regulations.

(D)

Review applications to determine whether all necessary permits have been obtained from the federal, state or local agencies from which prior or concurrent approval is required; in particular, permits from state agencies for any construction, reconstruction, repair, or alteration of a dam, reservoir, or waterway obstruction (including bridges, culverts, structures), any alteration of a watercourse, or any change of the course, current, or cross section of a stream or body of water, including any change to the 100-year frequency floodplain of free-flowing non-tidal waters of the state.

(E)

Verify that applicants proposing an alteration of a watercourse have notified adjacent communities, the department of conservation and recreation (division of dam safety and floodplain management), and other appropriate agencies (VADEQ, USACE) and have submitted copies of such notifications to FEMA.

(F)

Advise applicants for new construction or substantial improvement of structures that are located within an area of the coastal barrier resources system established by the Coastal Barrier Resources Act that federal flood insurance is not available on such structures; areas subject to this limitation are shown on flood insurance rate maps as coastal barrier resource system areas (CBRS) or otherwise protected areas (OPA).

(G)

Approve applications and issue permits to develop in flood hazard areas if the provisions of these regulations have been met, or disapprove applications if the provisions of these regulations have not been met.

(H)

Inspect or cause to be inspected, buildings, structures, and other development for which permits have been issued to determine compliance with these regulations or to determine if noncompliance has occurred or violations have been committed.

(I)

Review elevation certificates and require incomplete or deficient certificates to be corrected.

(J)

Submit to FEMA, or require applicants to submit to FEMA, data and Information necessary to maintain FIRMs, including hydrologic and hydraulic engineering analyses prepared by or for the County of Surry, Virginia, within six months after such data and information becomes available if the analyses indicate changes in base flood elevations.

(K)

Maintain and permanently keep records that are necessary for the administration of these regulations, including:

(1)

Flood insurance studies, flood insurance rate maps (including historic studies and maps and current effective studies and maps) and letters of map change; and

(2)

Documentation supporting issuance and denial of permits, elevation certificates, documentation of the elevation (in relation to the datum on the FIRM) to which structures have been flood proofed, other required design certifications, variances, and records of enforcement actions taken to correct violations of these regulations.

(L)

Enforce the provisions of these regulations, investigate violations, issue notices of violations or stop work orders, and require permit holders to take corrective action.

(M)

Advise the board of zoning appeals regarding the intent of these regulations and, for each application for a variance, prepare a staff report and recommendation.

(N)

Administer the requirements related to proposed work on existing buildings:

(1)

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

(2)

Make reasonable efforts to notify owners of substantially damaged structures of the need to obtain a permit to repair, rehabilitate, or reconstruct, and prohibit the non-compliant repair of substantially damaged buildings except for temporary emergency protective measures necessary to secure a property or stabilize a building or structure to prevent additional damage.

(O)

Undertake, as determined appropriate by the floodplain administrator due to the circumstances, other actions which may include but are not limited to: issuing press releases, public service announcements, and other public information materials related to permit requests and repair of damaged structures; coordinating with other federal, state, and local agencies to assist with substantial damage determinations; providing owners of damaged structures information related to the proper repair of damaged structures in special flood hazard areas; and assisting property owners with documentation necessary to file claims for increased cost of compliance coverage under NFIP flood insurance policies.

(P)

Notify the Federal Emergency Management Agency when the corporate boundaries of the Surry County have been modified and:

(1)

Provide a map that clearly delineates the new corporate boundaries or the new area for which the authority to regulate pursuant to these regulations has either been assumed or relinquished through annexation; and

(2)

If the FIRM for any annexed area includes special flood hazard areas that have flood zones that have regulatory requirements that are not set forth in these regulations, prepare amendments to these regulations to adopt the FIRM and appropriate requirements, and submit the amendments to the governing body for adoption; such adoption shall take place at the same time as or prior to the date of annexation and a copy of the amended regulations shall be provided to department of conservation and recreation (division of dam safety and floodplain management) and FEMA.

(Q)

Upon the request of FEMA, complete and submit a report concerning participation in the NFIP which may request information regarding the number of buildings in the SFHA, number of permits issued for development in the SFHA, and number of variances issued for development in the SFHA.

(R)

It is the duty of the floodplain administrator to take into account flood, mudslide and flood-related erosion hazards, to the extent that they are known, in all official actions relating to land management and use throughout the entire jurisdictional area of Surry County, whether or not those hazards have been specifically delineated geographically (e.g. via mapping or surveying).

(Ord. No. 2022-04, 2-3-2022)

The floodplain administrator shall make interpretations, where needed, as to the exact location of special flood hazard areas, floodplain boundaries, and floodway boundaries. The following shall apply to the use and interpretation of FIRMs and data:

(A)

Where field surveyed topography indicates that adjacent ground elevations:

(1)

Are below the base flood elevation, even in areas not delineated as a special flood hazard area on a FIRM, the area shall be considered as special flood hazard area and subject to the requirements of these regulations;

(2)

Are above the base flood elevation, the area shall be regulated as special flood hazard area unless the applicant obtains a letter of map change that removes the area from the SFHA.

(B)

In FEMA-identified special flood hazard areas where base flood elevation and floodway data have not been identified and in areas where FEMA has not identified SFHAs, any other flood hazard data available from a federal, state, or other source shall be reviewed and reasonably used.

(C)

Base flood elevations and designated floodway boundaries on FIRMs and other sources of data shall be reasonably used if such sources show increased base flood elevations and/or larger floodway areas than are shown on FIRMs and in FISs.

(D)

Other sources of data shall be reasonably used if such sources show increased base flood elevations and/or larger floodway areas than are shown on FIRMS and FISs.

(E)

If a preliminary flood insurance rate map and/or a preliminary flood insurance study has been provided by FEMA:

(1)

Upon the issuance of a letter of final determination by FEMA, the preliminary flood hazard data shall be used and shall replace the flood hazard data previously provided from FEMA for the purposes of administering these regulations.

(2)

Prior to the issuance of a letter of final determination by FEMA, the use of preliminary flood hazard data shall be deemed the best available data pursuant to section 3-1505 and used where no base flood elevations and/or floodway areas are provided on the effective FIRM.

(3)

Prior to issuance of a letter of final determination by FEMA, the use of preliminary flood hazard data is permitted where the preliminary base flood elevations or floodway areas exceed the base flood elevations and/or designated floodway widths in existing flood hazard data provided by FEMA. Such preliminary data may be subject to change and/or appeal to FEMA.

(Ord. No. 2022-04, 2-3-2022)

The county floodplain ordinance in effect on the date of annexation shall remain in effect and shall be enforced by the municipality for all annexed areas until the municipality adopts and enforces an ordinance which meets the requirements for participation in the National Flood Insurance Program. Municipalities with existing floodplain ordinances shall pass a resolution acknowledging and accepting responsibility for enforcing floodplain ordinance standards prior to annexation of any area containing identified flood hazards. If the FIRM for any annexed area includes special flood hazard areas that have flood zones that have regulatory requirements that are not set forth in these regulations, prepare amendments to these regulations to adopt the FIRM and appropriate requirements, and submit the amendments to the governing body for adoption; such adoption shall take place at the same time as or prior to the date of annexation and a copy of the amended regulations shall be provided to department of conservation and recreation (division of dam safety and floodplain management) and FEMA.

In accordance with the Code of Federal Regulations, Title 44 Subpart (B) Section 59.22 (a)(9)(v) all NFIP participating communities must notify the Federal Insurance Administration and optionally the state coordinating office in writing whenever the boundaries of the community have been modified by annexation or the community has otherwise assumed or no longer has authority to adopt and enforce floodplain management regulations for a particular area.

In order that all flood insurance rate maps accurately represent the community's boundaries, a copy of a map of the community suitable for reproduction, clearly delineating the new corporate limits or new area for which the community has assumed or relinquished floodplain management regulatory authority must be included with the notification.

(Ord. No. 2022-04, 2-3-2022)

The delineation of any of the floodplain districts may be revised by Surry County where natural or man-made changes have occurred and/or where more detailed studies have been conducted or undertaken by the U.S. Army Corps of Engineers or other qualified agency, or an individual documents the need for such change. However, prior to any such change, approval must be obtained from the Federal Emergency Management Agency. A completed LOMR is a record of approval.

(Ord. No. 2022-04, 2-3-2022)

Initial interpretations of the boundaries of the floodplain districts shall be made by the zoning officer. Should a dispute arise concerning the boundaries of any of the districts, the board of zoning appeals shall make the necessary determination. The person questioning or contesting the location of the district boundary shall be given a reasonable opportunity to present his case to the board and to submit his own technical evidence if he so desires.

(Ord. No. 2022-04, 2-3-2022)

A community's base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six months after the date such information becomes available, a community shall notify the Federal Emergency Management Agency of the changes by submitting technical or scientific data. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and flood plain management requirements will be based upon current data.

(Ord. No. 2022-04, 2-3-2022)

When development in the floodplain causes a change in the base flood elevation, the applicant, including state agencies, must notify FEMA by applying for a conditional letter of map revision or a letter of map revision. Examples:

1.

Any development that causes a rise in the base flood elevations within the floodway.

2.

Any development occurring in Zones A1—30 and AE without a designated floodway, which will cause a rise of more than one foot in the base flood elevation.

3.

Alteration or relocation of a stream (including but not limited to installing culverts and bridges) 44 Code of Federal Regulations § 65.3 and § 65.6(a)(12)

(Ord. No. 2022-04, 2-3-2022)

A.

Basis of districts. The various special flood hazard districts shall include the SFHAs. The basis for the delineation of these districts shall be the FIS and the FIRM for Surry County, Virginia prepared by the Federal Emergency Management Agency, Federal Insurance Administration, dated April 6, 2022 and any subsequent revisions or amendments thereto.

Surry County may identify and regulate local flood hazard or ponding areas that are not delineated on the FIRM. These areas may be delineated on a "local flood hazard map" using best available topographic data and locally derived information such as flood of record, historic high water marks or approximate study methodologies.

The boundaries of the SFHA Districts are established as shown on the FIRM which is declared to be a part of this ordinance and which shall be kept on file at the Surry County, Virginia offices.

1.

The floodway district is in an AE Zone and is delineated, for purposes of this ordinance, using the criterion that certain areas within the floodplain must be capable of carrying the waters of the one percent annual chance flood without increasing the water surface elevation of that flood more than one foot at any point. According to the above referenced FIS and FIRM, there are no delineated floodways in Surry County.

The following provisions shall apply within the floodway district of an AE zone:

a.

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

Development activities which increase the water surface elevation of the base flood may be allowed, provided that the applicant first applies - with Surry County's endorsement - for a conditional letter of map revision (CLOMR), and receives the approval of the Federal Emergency Management Agency.

If Article III Section 3-1516(A)1.a. is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Article IV.

b.

The placement of manufactured homes (mobile homes) is prohibited, except in an existing manufactured home (mobile home) park or subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring, elevation, and encroachment standards are met.

2.

The AE, or AH Zones on the FIRM accompanying the FIS shall be those areas for which one-percent annual chance flood elevations have been provided and the floodway has not been delineated. The following provisions shall apply within an AE or AH zone:

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

Development activities in Zones A1—30 and AE or AH, on Surry County, Virginia's FIRM which increase the water surface elevation of the base flood by more than one foot may be allowed, provided that the applicant first applies - with Surry County's endorsement - for a conditional letter of map revision, and receives the approval of the Federal Emergency Management Agency.

3.

The A Zone on the FIRM accompanying the FIS shall be those areas for which no detailed flood profiles or elevations are provided, but the one percent annual chance floodplain boundary has been approximated. For these areas, the following provisions shall apply:

The approximated floodplain district shall be that floodplain area for which no detailed flood profiles or elevations are provided, but where a one percent annual chance floodplain boundary has been approximated. Such areas are shown as Zone A on the maps accompanying the FIS. For these areas, the base flood elevations and floodway information from federal, state, and other acceptable sources shall be used, when available. Where the specific one percent annual chance flood elevation cannot be determined for this area using other sources of data, such as the U.S. Army Corps of Engineers Floodplain Information Reports, U.S. Geological Survey Flood-Prone Quadrangles, etc., then the applicant for the proposed use, development and/or activity shall determine this base flood elevation. For development proposed in the approximate floodplain the applicant must use technical methods that correctly reflect currently accepted non-detailed technical concepts, such as point on boundary, high water marks, or detailed methodologies hydrologic and hydraulic analyses. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough review by the floodplain administrator.

The floodplain administrator reserves the right to require a hydrologic and hydraulic analysis for any development. When such base flood elevation data is utilized, the lowest floor shall be elevated to or above the base flood level plus 18 inches.

During the permitting process, the floodplain administrator shall obtain:

1)

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

2)

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

Base flood elevation data shall be obtained from other sources or developed using detailed methodologies comparable to those contained in a FIS for subdivision proposals and other proposed development proposals (including manufactured home parks and subdivisions) that exceed 50 lots or five acres, whichever is the lesser.

4.

The AO Zone on the FIRM accompanying the FIS shall be those areas of shallow flooding identified as AO on the FIRM. For these areas, the following provisions shall apply:

a.

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

b.

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

1)

Have the lowest floor, including basement, elevated to or above the flood depth specified on the FIRM, above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM. If no flood depth number is specified, the lowest floor, including basement, shall be elevated at least two feet above the highest adjacent grade; or,

2)

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

c.

Adequate drainage paths around structures on slopes shall be provided to guide floodwaters around and away from proposed structures.

5.

The Coastal A Zone shall be those areas, as defined by the VA USBC, that are subject to wave heights between one and one-half feet and three feet, and identified on the FIRM as areas of limits of moderate wave action (LiMWA). For these areas, the following provisions shall apply:

Buildings and structures within this zone shall have the lowest floor elevated to or above the base flood elevation plus one foot of freeboard, and must comply with the provisions in Article III, Section 3-1516(A)2. and Article IV, Sections 3-1519 and 3-1520.

6.

The VE or V Zones on FIRMs accompanying the FIS shall be those areas that are known as coastal high hazard areas, extending from offshore to the inland limit of a primary frontal dune along an open coast. For these areas, the following provisions shall apply:

a.

All new construction and substantial improvements in Zones V and VE (V if base flood elevation is available) shall be elevated on pilings or columns so that:

1)

The bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated to or above the base flood level plus 18 inches if the lowest horizontal structural member is parallel to the direction of wave approach or elevated at least one foot above the base flood level if the lowest horizontal structural member is perpendicular to the direction of wave approach; and,

2)

The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse, and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Wind and water loading values shall each have a one percent chance of being equaled or exceeded in any given year (one-percent annual chance).

b.

A registered professional engineer or architect shall develop or review the structural design, specifications and plans for the construction, and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of Article III, Section 3-1516(A)6.a.

c.

The floodplain administrator shall obtain the elevation (in relation to mean sea level) of the bottom of the lowest horizontal structural member of the lowest floor (excluding pilings and columns) of all new and substantially improved structures in Zones V and VE. The floodplain management administrator shall maintain a record of all such information.

d.

All new construction shall be located landward of the reach of mean high tide.

e.

All new construction and substantial improvements shall have the space below the lowest floor either free of obstruction or constructed with non-supporting breakaway walls, open wood-lattice work, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. For the purpose of this section, a breakaway wall shall have a design safe loading resistance of not less than ten and no more than 20 pounds per square foot. Use of breakaway walls which exceed a design safe loading resistance of 20 pounds per square foot (either by design or when so required by local codes) may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet the following conditions:

1)

Breakaway wall collapse shall result from water load less than that which would occur during the base flood; and

2)

The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and nonstructural). Maximum wind and water loading values to be used in this determination shall each have a one percent chance of being equaled or exceeded in any given year.

f.

The enclosed space below the lowest floor shall be used solely for parking of vehicles, building access, or storage. Such space shall not be partitioned into multiple rooms, temperature-controlled, or used for human habitation. The enclosed space shall be less than 300 square feet.

g.

The use of fill for structural support of buildings is prohibited. When nonstructural fill is proposed in a coastal high hazard area, appropriate engineering analyses shall be conducted to evaluate the impacts of the fill prior to issuance of a development permit.

h.

The man-made alteration of sand dunes, which would increase potential flood damage, is prohibited.

7.

The mapped floodplain includes all of the above regions and also the regions designated as having a 0.2 percent annual chance of flooding on any flood map or flood insurance study. In this area no emergency service, medical service, or government storage shall be allowed except by special exception using the variance process.

(Ord. No. 2022-04, 2-3-2022)

The floodplain districts described above shall be overlays to the existing underlying districts as shown on the official zoning ordinance map, and as such, the provisions for the floodplain districts shall serve as a supplement to the underlying district provisions.

If there is any conflict between the provisions or requirements of the floodplain districts and those of any underlying district, the more restrictive provisions and/or those pertaining to the floodplain districts shall apply.

In the event any provision concerning a floodplain district is declared inapplicable as a result of any legislative or administrative actions or judicial decision, the basic underlying provisions shall remain applicable.

(Ord. No. 2022-04, 2-3-2022)

A.

Permit requirement. All uses, activities, and development occurring within any floodplain district, including placement of manufactured homes, shall be undertaken only upon the issuance of a zoning permit. Such development shall be undertaken only in strict compliance with the provisions of this ordinance and with all other applicable codes and ordinances, as amended, such as the Virginia Uniform Statewide Building Code (VA USBC) and the Surry County Subdivision Regulations. Prior to the issuance of any such permit, the floodplain administrator shall require all applications to include compliance with all applicable state and federal laws and shall review all sites to assure they are reasonably safe from flooding. Under no circumstances shall any use, activity, and/or development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch, or any other drainage facility or system.

B.

Site plans and permit applications. All applications for development within any floodplain district and all building permits issued for the floodplain shall incorporate the following information:

1.

The elevation of the base flood at the site.

2.

The elevation of the lowest floor (including basement) or, in V zones, the lowest horizontal structural member.

3.

For structures to be flood-proofed (non-residential only), the elevation to which the structure will be flood-proofed.

4.

Topographic information showing existing and proposed ground elevations.

(Ord. No. 2022-04, 2-3-2022)

The following provisions shall apply to all permits:

A.

New construction and substantial improvements shall be according to the VA USBC, and anchored to prevent flotation, collapse or lateral movement of the structure.

B.

Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state anchoring requirements for resisting wind forces.

C.

New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

D.

New construction or substantial improvements shall be constructed by methods and practices that minimize flood damage.

E.

Electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities, including duct work, shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

F.

New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system.

G.

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters.

H.

On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding.

In addition to provisions A.—H. above, in all special flood hazard areas, the additional provisions shall apply:

I.

Prior to any proposed alteration or relocation of any channels or of any watercourse, stream, etc., within this jurisdiction a permit shall be obtained from the U.S. Corps of Engineers, the Virginia Department of Environmental Quality, and the Virginia Marine Resources Commission (a joint permit application is available from any of these organizations). Furthermore, in riverine areas, notification of the proposal shall be given by the applicant to all affected adjacent jurisdictions, the department of conservation and recreation (division of dam safety and floodplain management), other required agencies, and the Federal Emergency Management Agency.

J.

The flood carrying capacity within an altered or relocated portion of any watercourse shall be maintained.

(Ord. No. 2022-04, 2-3-2022)

In all identified flood hazard areas where base flood elevations have been provided in the FIS or generated by a certified professional in accordance with section 3-1516(A)(3), the following provisions shall apply:

A.

Residential construction. New construction or substantial improvement of any residential structure (including manufactured homes) in Zones A1—30, AE, AH and A with detailed base flood elevations shall have the lowest floor, including basement, elevated to or above the base flood level plus eighteen (18) inches. See Article III, Sections 3-1516(A)(5) and 3-1516(A)(6) for requirements in the Coastal A, VE, and V zones.

B.

Non-residential construction. New construction or substantial improvement of any commercial, industrial, or non-residential building (or manufactured home) shall have the lowest floor, including basement, elevated to or above the base flood level plus 18 inches. Buildings located in all A1—30, AE, and AH zones may be flood-proofed in lieu of being elevated provided that all areas of the building components below the elevation corresponding to the BFE plus two feet are water tight with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification, including the specific elevation (in relation to mean sea level) to which such structures are flood proofed, shall be maintained by the Surry County, Virginia Building Official.

C.

Space below the lowest floor. In zones A, AE, AH, AO, and A1—A30, fully enclosed areas, of new construction or substantially improved structures, which are below the regulatory flood protection elevation shall:

1.

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

2.

Be constructed entirely of flood resistant materials below the regulatory flood protection elevation;

3.

Include measures to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters. To meet this requirement, the openings must either be certified by a professional engineer or architect or meet the following minimum design criteria:

a.

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

b.

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

c.

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

d.

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

e.

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

f.

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

D.

Accessory structures.

1.

Accessory structures in the SFHA shall comply with the elevation requirements and other requirements of 3-1520(B), or if not elevated or dryproofed shall:

a.

Not be used for human habitation;

b.

Be limited to no more than 600 square feet in total floor area;

c.

Be usable only for parking of vehicles or limited storage;

d.

Be constructed with flood damage-resistant materials below the base flood elevation;

e.

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

f.

Be anchored to prevent flotation;

g.

Have electrical service and mechanical equipment elevated to or above the base flood elevation;

h.

Shall be provided with flood openings which shall meet the following criteria:

1.

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

2.

The total net area of all flood openings shall be at least one square-inch for each square foot of enclosed area (non-engineered flood openings), or the flood openings shall be engineered flood openings that are designed and certified by a licensed professional engineer to automatically allow entry and exit of floodwaters; the certification requirement may be satisfied by an individual certification or an Evaluation Report issued by the ICC Evaluation Service Inc.

3.

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

4.

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

i.

A signed declaration of land restriction (non-conversion agreement) shall be recorded on the property deed.

E.

Standards for manufactured homes and recreational vehicles.

1.

In zones A, AE, AH, AO, V1-30, VE, and V, all manufactured homes placed, or substantially improved, on individual lots or parcels, must meet all the requirements for new construction, including the elevation and anchoring requirements in article 4, section 3-1519 and section 3-1520.

2.

All recreational vehicles placed on sites must either

a.

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

b.

Meet all the requirements for manufactured homes in article IV, section 3-1520(E)1.

(Ord. No. 2022-04, 2-3-2022)

A.

All subdivision proposals shall be consistent with the need to minimize flood damage;

B.

All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage;

C.

All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards, and

D.

Base flood elevation data shall be obtained from other sources or developed using detailed methodologies, hydraulic and hydrologic analysis, comparable to those contained in a flood insurance study for subdivision proposals and other proposed development proposals (including manufactured home parks and subdivisions) that exceed 50 lots or five acres, whichever is the lesser.

(Ord. No. 2022-04, 2-3-2022)

Any structure or use of a structure or premises must be brought into conformity with these provisions when it is changed, repaired, or improved unless one of the following exceptions is established before the change is made:

A.

The floodplain manager has determined that:

1.

Change is not a substantial repair or substantial improvement, and

2.

No new square footage is being built in the floodplain that is not compliant, and

3.

No new square footage is being built in the floodway, and

4.

The change complies with this ordinance and the VA USBC, and

5.

The change, when added to all the changes made during a rolling five-year period does not constitute 50 percent of the structure's value.

B.

The changes are required to comply with a citation for a health or safety violation.

C.

The structure is a historic structure and the change required would impair the historic nature of the structure.

(Ord. No. 2022-04, 2-3-2022)

Variances shall be issued only upon (i) a showing of good and sufficient cause, (ii) after the board of zoning appeals has determined that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) after the board of zoning appeals has determined that the granting of such variance will not result in (a) unacceptable or prohibited increases in flood heights, (b) additional threats to public safety, (c) extraordinary public expense; and will not (d) create nuisances, (e) cause fraud or victimization of the public, or (f) conflict with local laws or ordinances.

While the granting of variances generally is limited to a lot size less than one-half acre, deviations from that limitation may occur. However, as the lot size increases beyond one-half acre, the technical justification required for issuing a variance increases. Variances may be issued by the board of zoning appeals for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, in conformance with the provisions of this section.

Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that the criteria of this section are met, and the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

In passing upon applications for variances, the board of zoning appeals shall satisfy all relevant factors and procedures specified in other sections of the zoning ordinance and consider the following additional factors:

A.

The danger to life and property due to increased flood heights or velocities caused by encroachments. No variance shall be granted for any proposed use, development, or activity within any floodway district that will cause any increase in the one-percent chance flood elevation.

B.

The danger that materials may be swept on to other lands or downstream to the injury of others.

C.

The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions.

D.

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners.

E.

The importance of the services provided by the proposed facility to the community.

F.

The requirements of the facility for a waterfront location.

G.

The availability of alternative locations not subject to flooding for the proposed use.

H.

The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.

I.

The relationship of the proposed use to the comprehensive plan and floodplain management program for the area.

J.

The safety of access by ordinary and emergency vehicles to the property in time of flood.

K.

The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site.

L.

The historic nature of a structure. Variances for repair or rehabilitation of historic structures may be granted upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

M.

No variance shall be granted for an accessory structure exceeding 600 square feet.

N.

Such other factors which are relevant to the purposes of this ordinance.

The board of zoning appeals may refer any application and accompanying documentation pertaining to any request for a variance to any engineer or other qualified person or agency for technical assistance in evaluating the proposed project in relation to flood heights and velocities, and the adequacy of the plans for flood protection and other related matters.

Variances shall be issued only after the board of zoning appeals has determined that the granting of such will not result in (a) unacceptable or prohibited increases in flood heights, (b) additional threats to public safety, (c) extraordinary public expense; and will not (d) create nuisances, (e) cause fraud or victimization of the public, or (f) conflict with local laws or ordinances.

Variances shall be issued only after the board of zoning appeals has determined that the variance will be the minimum required to provide relief. The board of zoning appeals shall notify the applicant for a variance, in writing that the issuance of a variance to construct a structure below the one-percent chance flood elevation (a) increases the risks to life and property and (b) will result in increased premium rates for flood insurance.

A record shall be maintained of the above notification as well as all variance actions, including justification for the issuance of the variances. Any variances that are issued shall be noted in the annual or biennial report submitted to the Federal Insurance Administrator.

(Ord. No. 2022-04, 2-3-2022)