A.

Except for camp cabins and summer cottages for seasonal occupancy, no lot shall be used in whole or in part for dwelling purposes unless such lot abuts upon a street in accordance with the minimum street frontage requirements of this ordinance unless a variance from the board of zoning appeals is approved. No lot or parcel of land abutting the end of a public street shall be deemed to comply with street frontage requirements unless such lot abuts on an approved permanent cul-de-sac unless a variance is approved.

A.

The height limitations of this ordinance shall not apply to:

Amateur radio towers and antenna less than 200 feet in height

Belfries

Public monuments

Chimneys

Ornamental towers and spires, domes, cupolas.

Church spires

Conveyors

Commercial radio and television towers less than 125 feet in height

Cooling towers

Silos and grain driers; tanks

Elevator bulkheads

Smoke stacks

Fire towers

Stage towers or scenery lofts

Water towers and stand pipes

Flag poles

Fire and parapet walls extending no more than four feet above the roof

B.

Buildings or structures used in conjunction with a bona fide agricultural use or operation in the A-L, Agricultural Limited District or the A-R, Agricultural-Rural District shall be exempt from the height limits specified in the zoning district regulations.

C.

Solar heating and solar collection devices provided such devices do not exceed by more than five feet above the otherwise permitted maximum height for the zone in which they are located.

A.

Every part of a required yard shall be open to the sky, except as otherwise permitted by this ordinance.

B.

Eaves of roofs, sills, belt courses, window air conditioning units, chimneys, cornices, and other architectural and/or ornamental features which may project to a distance not to exceed 24 inches into a required yard.

C.

Where a lot is of such unusual configuration that none of the provisions of this ordinance regarding yards and open spaces apply precisely, the administrator may use his discretion to apply an interpretation which most nearly meets the requirements of this ordinance; provided, however, that this section does not give the administrator any power to grant exceptions or variances reserved to the board of zoning appeals under article 7 [Code of Virginia, tit. 15.2, ch. 22, art. 7].

A.

Where an official line has been established by an officially adopted detailed plan on file with the administrator for the future widening or opening of a street or major thoroughfare upon which a lot abuts, then the depth of a front or side yard shall be measured from such official line to the nearest line of the building. Unless otherwise provided, the right-of-way of any arterial or primary highway, so designated on the thoroughfare plan shall be assumed to extend 40 feet on each side of the center line of the existing right-of-way for the purpose of measuring front yards required by this ordinance. In no case shall any street or road be considered for the purpose of this section, as having a right-of-way less than 50 feet wide.

B.

On through lots or waterfront lots, the required front yard shall be provided on each street or waterfront. For the purpose of accessory buildings, the waterfront side shall be considered a front yard.

C.

Unless otherwise provided in development standards, there shall be a front yard of at least ten feet on the side street of a corner lot in any district; provided, however, that the buildable width of a lot of record at the time of passage of this ordinance shall not be reduced to less than 30 feet.

D.

Telephone booths and bus shelters may be located in a required front yard.

E.

Open, unenclosed porches, platforms, or paved terraces, not covered by a roof or canopy and which do not extend above the level of the first floor of the building, may extend or project into the front yard not more than eight feet.

F.

Handicap ramps used for residence(s) of a single-family dwelling shall be allowed to encroach into the required front yard setback. The ramp must be built in accordance with the American Disabilities Act as it pertains to wheel chair accessibility, grades, and dimensions and shall encroach into the front yard to the minimum extent necessary. In no instances shall the ramp in a front yard setback be covered.

G.

Where the street frontage in a block, or within 800 feet of the lot in question, is partially built up, 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 less than the setback line denoted on a recorded subdivision plat, whichever is greater, or need to be more than 75 feet under this provision.

A.

Open, unenclosed porches, platforms, or paved terraces, not covered by roof or canopy and which do not extend above the level of the first floor of the building, may extend or project into the side yard setback not more than six feet.

B.

For the purpose of the side yard regulations, a group of office, business or industrial buildings separated by common or party walls shall be considered as one building occupying one lot.

A.

Open or lattice-enclosed fire escapes, outside stairways and balconies opening upon fire towers may project into the required rear yard for a distance of not more than eight feet, but only where the same are so placed as not to obstruct light and ventilation.

A.

In determining the number of dwelling units permissible on a lot, parcel, or tract of land, fractions shall be rounded to the nearest whole number.

A.

Except as herein provided, no accessory building shall project beyond a required yard line along any street.

B.

Filling station pumps and pump islands, with or without a canopy may occupy the required yards; provide, however, that they are not less than 15 feet from street lines.

C.

Accessory swimming pools, open and unenclosed, may occupy a required rear or side yard, provided they are not located closer than six feet to a rear lot line or ten feet to an interior side lot line. A walk space at least three feet wide shall be provided between pool walls and protective fences or barrier walls.

D.

Accessory buildings which are not a part of the main building, although they may be connected by an open breezeway, may be constructed in a rear yard, provided such accessory building otherwise meets the criteria in the zoning district in which it is located.

A.

In the R-1, R-2, and RVC districts it shall be permissible to store out-of-doors recreational vehicles and watercraft as an accessory use only in accordance with the following:

1.

Such vehicles or watercraft shall be placed in the rear or side yards only, and shall be located at least five feet from all property lines. This provision shall not apply to recreational vehicles or watercraft stored within completely enclosed structures.

A.

To promote visibility for pedestrians and the operators of motor vehicles, a clear sight triangle shall be established at the intersecting rights-of-way of any two streets. The legs of this sight triangle shall be 25 feet in length. They shall begin at the point of intersection of the two street rights-of-way, and shall extend 25 feet along each right-of-way line. The triangle shall be formed by connecting the endpoints of these two lines.

B.

Within this sight triangle nothing in excess of 30 inches in height shall be constructed, placed or permanently parked. In addition, no vegetative plantings within the triangle shall be allowed to grow to a height of greater than 30 inches. This shall not apply to fire hydrants.

A.

Any use not expressly permitted by this ordinance shall be prohibited unless a use is otherwise approved by the administrator as set forth in section 2-201 of this ordinance.

B.

The following uses are specifically excluded from all districts:

1.

Unless otherwise expressly permitted, the use of a recreational vehicle, tent or camp cabin as a temporary or permanent residence.

2.

Unless associated with a bona-fide agricultural use, the use of a motor vehicle permanently parked on a lot as a structure in which, out of which, or from which any goods are sold or stored, any services are performed, or other business is conducted.

3.

Use of shipping containers as a residence.

4.

Storage of motor vehicles that are neither licensed nor operational outside of a substantially enclosed structure, which visually screens such vehicles from public rights-of-way and adjoining properties. Not licensed, for purposes of this section, shall mean not having all of the following: current decal, state inspection sticker, and license plates.

The following activities are prohibited in the R-1 and R-2 districts:

A.

No construction machinery or similar equipment shall be parked overnight unless the machinery is incidental to improving the premises.

B.

Except as accessory to a farm, no manufactured home shall be used for storage or other non-dwelling purpose in a R-1, R-2 or RVC district.

C.

No shipping container shall be used for storage or other non-dwelling purposes in a R-1, R-2, or RVC district.

A.

A change in use of property occurs whenever the essential character or nature of the activity conducted on a lot is substantially altered. This occurs whenever:

1.

The change involves a change from one principal use category to another. The principal use categories shall be agricultural, residential, civic, office, commercial, industrial, and miscellaneous.

2.

A change from one use to another use within a principal use category where, in the opinion of the administrator, the existing site improvements, particularly parking, are inadequate to accommodate the demands of the new use. Uses which tend to create this situation include but are not limited to restaurants, medical offices, and convenience stores.

3.

Whether a change in use occurs shall be determined by comparing the proposed use and the most recent use of the property against the provisions of this section.

4.

A mere change in ownership of a business or enterprise or a change in the name shall not be regarded as a change in use.

5.

Where a non-residential structure has remained unoccupied for more than two years, any new use shall be deemed to be a change in use and all requirements of this ordinance shall apply.

A.

The district regulations classify different principal uses according to their different impacts. Whenever a residential, civic, office, commercial, industrial, or miscellaneous activity (which may or may not be separately listed as a principal use) is conducted in conjunction with another principal use and that activity constitutes only an incidental or insubstantial part of the total use that takes place on a lot, then the activity shall be regarded as accessory to the principal use and shall be carried on in accordance with the permit issued for the principal use.

For purpose of interpreting this section;

1.

A use may be regarded as incidental or insubstantial if it is incidental or insubstantial in and of itself or in relation to the principal use.

2.

An accessory use does not have to be connected with a principle use. However, their association must take place with sufficient frequency that there is common acceptance of their relatedness.

3.

Portable on demand storage (POD) units shall be considered a temporary structure. They are permitted for use for a total of six months, after which a zoning permit must be obtained through the planning and zoning department.

4.

Distributed solar energy facility shall be considered an accessory use to be used to meet energy demands on-site and include rooftop and groundmounted photovoltaic arrays on residential, commercial, and industrial properties. Roof-mounted or ground-mounted solar collectors shall not exceed the square footage of the principal structure or use and shall meet the following requirements:

a.

Solar collectors shall be configured to avoid glare and heat transference to adjacent properties.

b.

Ground-mounted solar collectors shall not be located within ten feet of any side or rear lot line.

c.

Ground-mounted solar collectors located within a front yard shall meet the minimum setback required for the principal structure or use in the applicable zoning district where located and shall be sited as far back as the principal structure or use.

d.

The maximum height of a ground-mounted solar collector shall be 15 feet as measured from the grade or base of the collector to its highest point and shall not exceed the height of the principal structure or use.

e.

Roof-mounted solar collectors shall not extend beyond the exterior perimeter of the building or structure on which mounted or built and shall not exceed the maximum height for the applicable zoning district where the building or structure is located.

5.

Battery energy storage systems shall be considered an accessory use in residential, civic, commercial, and industrial uses and properties in any zoning district when designed with appropriate storage capacity to serve the principal use only and not the electric power grid. All battery energy storage systems, all dedicated-use buildings, and all other buildings or structures that contain or are otherwise associated with a battery energy storage system shall be designed, erected, and installed in accordance with all applicable provisions of the codes, regulations, and industry standards as referenced in the Virginia Uniform Statewide Building Code, the Virginia Energy Conservation Code, and the Code of the County of Surry.

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

A.

The following activities, so long as they satisfy the general criteria set forth above, are specifically regarded as accessory uses to residential principal uses:

1.

Private garages and parking for the principal use.

2.

Hobbies or recreational activities of a noncommercial nature and uses used by residents, including structures necessary for such uses.

3.

Playhouses, gazebos, incidental household storage buildings, swimming pools, and other similar accessory structures.

4.

The renting out of one or two rooms within a single-family residence (which one or two rooms do not themselves constitute a separate dwelling unit) to not more than two persons who are not part of the family that resides in the single-family dwelling.

5.

Yard sales or garage sales, so long as such sales are not conducted on the same lot more than three days (whether consecutive or not) during any 30-day period.

B.

1.

Agricultural buildings associated with a single family residence shall meet the setback requirements specified in the zoning district for accessory buildings or the use or building specific setbacks contained in section 4-401, whichever is greater.

A.

The following activities, so long as they satisfy the general criteria set forth above, are specifically regarded as accessory uses to civic, commercial and industrial uses:

1.

Parking for the principal use.

2.

Accessory storage buildings or areas.

3.

Food services operated incidental to the principal use and operated primarily for the convenience of employees, residents or users of the principal use. Typical examples include cafeterias, and dining halls.

4.

Convenience commercial facilities clearly incidental to the principal use and operated primarily for the convenience of employees, residents, and users of the principal use. Typical examples include museum gift shops, college bookstores, or snack bars clearly incidental to the principal use.

5.

Recreational facilities available only to the employees.

6.

Day care facilities available only to the employees.

7.

The use of shipping containers for storage provided they are located only in the rear yard and comply with the setback requirements for accessory buildings. The stacking of shipping containers shall be prohibited except in Industrial Districts.

8.

Other uses and activities necessarily and customarily associated with purpose and function of civic, commercial or industrial use types, as determined by the administrator.

A.

Except as otherwise permitted under this ordinance, only one single-family residence shall be permitted on a single lot of record. Each such residence shall be constructed or established on a separate lot that complies with this ordinance.

B.

Where a new residence is intended to replace an existing unit, the demolition permit for the existing unit shall be issued by the building official prior to or at the same time as the zoning permit for the new dwelling and demolition shall be completed within 30 days of the occupancy of the new residence.

A.

No accessory use or structure shall be permitted on a lot unless the principal use or structure is previously in existence. At the discretion of the administrator, permits for an accessory structure may be issued concurrently with permits for the principal structure.

A.

Nothing in this ordinance shall be interpreted to prohibit condominiums as such by reason of the form of ownership inherent therein. Neither shall any condominium be treated differently under any provision in this ordinance which would permit a physically identical project or development under a different form of ownership.

B.

All condominium projects or developments hereafter constructed shall comply with the provisions of this ordinance.

A.

The standards contained in the district regulations in article III shall apply to all of the use types found in the remaining section" of article IV (sections 4-400 through 4-900 et seq.), unless specifically modified or superceded by the use and design standards in the remaining sections of article IV.

B.

The standards listed as general standards shall apply in all districts in which the use type is permitted by right or permitted subject to approval of a special use permit, as indicated in article III, District regulations.

C.

Where a specific zoning district is indicated, the standards listed below shall apply to that zoning district, in addition to any general standards listed for that use.

A.

In addition to those activities generally described in the description in section 2-202, included with this use are a wide range of accessory activities including, the operation of heavy cultivating machinery, spray planes, irrigating machinery, wheelwright or blacksmith, storage of fertilizer, the storage of petroleum, the repair of personal farming equipment, and including structures for processing and sale of products raised on the premises.

B.

Excluded from this use is the commercial slaughtering and processing of large animals such as horses, cows, pigs, sheep, or goats.

C.

Residential uses associated with a farm property are permitted only as specifically allowed under the residential uses.

D.

Farm wineries, including wine production, wine-tasting facilities, and the on-site sale of wines and incidental related products shall be allowed as a general agricultural activity.

E.

Any grain or peanut dryer and storage operation as accessory to a farm operation shall be:

1.

At least 400 feet from any residence not located on the same farm or from any lot in a R-1 or R-2 Residence District,

2.

At least 200 feet from any property line and at least 100 feet from any street, road or highway.

A.

Prior to establishing or enlarging a confined animal feeding operation including feedlots, confinement areas, waste storage areas and land for waste disposal, the following setback requirements shall be met:

1.

At least 2,500 feet from residences not located on the same property in the A-R Agricultural Rural Residence District or from any lot in a R-1 or R-2 Residence District;

2.

At least 1,000 feet from any primary street, road of highway, as defined by the Virginia Department of Transportation;

3.

At least 500 feet from any secondary street, road or highway as defined by the Virginia Department of Transportation; and,

4.

At least 500 feet from any property line.

B.

In addition to meeting the above setbacks, the applicant shall submit the following information to the administrator:

1.

The distance of the confinement site from property lines and residence not on the premises within 2,500 feet radius of the site.

2.

The type of operation.

3.

The proposed intensity of use, size of operation, number of animals or poultry, structures, machinery, anticipated noise during the construction phase and during full operation; controls for flies, rats, mosquitoes, odor; anticipated daily traffic volume by type; parking and loading areas, areas to be paved and areas to be kept in grass.

4.

The type of waste and the waste disposal plan including (1) a detailed analysis of the soils submitted by an independent certified soil engineering firm approved by the administrator; and (2) nutrient management plan to include means of land application based on agronomic rates as established by the Virginia Cooperative Extension Service or other appropriate agencies.

5.

Location with respect to streams or bodies of water, drainage and underground aquifers supported by hydrologic studies.

6

Storm water drainage and management plan for controls during the construction phase and during full operation.

7.

Surrounding land uses, number and location of existing dwellings, businesses, public uses and other concentrated agricultural uses on adjacent properties.

8.

The direction of prevailing winds including velocity based on information supplied by office of the state climatologist or other recognized source approved by the administrator.

9.

Grading plan showing the natural topography with contour interval of two feet and proposed grading at contour interval of two feet including the slope of the confinement site, intervening wooded areas, and proposed landscaping.

10.

Location of lands planned or zoned for residential or commercial use.

11.

Plan for the disposal of dead animals.

12.

Types and frequencies or monitoring reports and the names of agencies to receive the reports.

13.

The submission of an approved erosion and sediment control plan for all land disturbing activities including construction of confinement areas, waste storage site and roads.

C.

The applicant shall submit a nutrient management plan, which shall comply with the following requirements:

1.

No facility permit shall be issued until a nutrient management plan for the proposed facility has been reviewed and accepted by the administrator. Each facility already in operation or approved by the county prior to the effective date of this ordinance shall have a nutrient management plan on file with the administrator on or before two years from the effective date of this ordinance or at such time an additional area devoted to livestock raising, dairy or poultry housing, litter storage, manure storage, compositing of dead birds or other activity which would increase nutrient output of the facility is placed into service on the same parcel, whichever shall occur first. After two years from the effective date of this ordinance no facility subject to this chapter of the zoning ordinance shall operate without such a nutrient management plan.

2.

The nutrient management plan shall provide for the safe disposal or use of all manure, animal waste, produced by each facility. Disposal or use shall be accomplished by means of land application at approved locations and agronomic rates, as established by the Virginia Cooperative Extension Service and other appropriate agencies. Alternative methods of disposal may be used, as approved by appropriate state and local agencies. The nutrient management plan shall take into account, among other things, the presence of rivers, streams, public and private wells, springs and sinkholes, and slopes and geological formations that indicate a high susceptibility to ground or surface water pollution and where applicable, to comply with the Chesapeake Bay Preservation Act. Each nutrient shall be subject to review by an agent of the Virginia Cooperative Extension Service or other appropriate agency.

3.

If off-site disposal is part of the nutrient management plan, the grower, raiser, operator shall provide, as part of that nutrient management plan, written documentation of an agreement with the receiver of the wastes produced as the grower's facility. Documentation shall specify the duration of the agreement and nature of the application or use of the wastes. A nutrient management plan containing such an agreement shall be valid only as long as the agreement remains in force and shall be reviewed whenever such an agreement expires or is terminated by either party. The grower shall notify the administrator whenever such an agreement is terminated before its stated expiration date within 15 days of such termination.

4.

The nutrient management plan shall also provide for a site, with or without a permanent structure, for the storage of animal wastes and shall:

a.

Be located on the same parcel as the facility to which it is an accessory use

b.

Meet the setback requirements of this chapter

c.

Be protected from the elements; and

d.

Be certified by a professional engineer registered in Virginia that the site:

i.

Is located on an impermeable base;

ii.

Is out of all drain ways; and

iii.

Has sufficient capacity to accommodate 100 percent of the waste produced by each facility in operation on the parcel during the four consecutive months in which the maximum number of heads of animals or number of poultry are on the parcel.

5.

The nutrient management plan shall be reviewed and updated every five years by an agent of the Virginia Cooperative Extension Service or other appropriate agency and by the administrator, and more frequently if deemed necessary or advisable by the county or its agent.

D.

The applicant shall submit simultaneous applications for appropriate permits from local, state and regional agencies at the time of filing the above information with Surry County.

A.

General standards:

1.

A Class B manufactured home shall be permitted as an accessory use to an agricultural use exclusively for a farm employee, and his/her family in accordance with the requirements contained in section 4-508.

2.

No more than one farm employee dwelling for each 50 acres in the total acreage of the farm, whether that acreage is contiguous or separated by other parcels, shall be permitted.

3.

Multi-family housing may be constructed for orchards and other agricultural uses which rely on temporary seasonal employees. Such housing shall only be used for accommodating temporary seasonal employees during periods of their employment as a farm employee of the orchard or other agricultural use.

4.

All farm employee housing shall be located as part of a group of farm buildings and comply with the setback requirements for a principal structure.

A.

A private greenhouse shall meet all of the setbacks and criteria of an accessory structure in the districts in which it is permitted.

A.

General standards:

1.

Front yard setback: 25 feet from any public right-of-way.

2.

Entrances and exits to roads shall be clearly delineated and shall be so located as to provide safe ingress and egress from roads.

B.

In the R-1 district, a roadside stands not exceeding 200 square feet in area for seasonal sales of products raised on the premises shall be permitted, but shall not including the raising for sale of birds, bees, fish, rabbits, or other small animals on a lot of less than two acres or to such extent as to be objectionable to surrounding residences by reason of odor, dust, noise, or other factors, and provided no retail or wholesale business office or store is permanently maintained on the premises.

A.

The following restrictions shall apply to the establishment and operation of a temporary sawmill:

1.

A temporary sawmill shall only be established to process timber cut from the parcel on which the temporary sawmill is located or on immediately adjacent parcels.

2.

A special exception permit shall be required from the board of zoning appeals, in accordance with section 1-304, for periods in excess of 12 months.

3.

A temporary sawmill shall be located at least 400 feet from any residence located on an adjoining property or from any lot in an R-1 or R-2 Residence District, at least 200 feet from any boundary of the tract, and at least 100 feet from any street, road or highway.

4.

No processing, milling, finishing or artificial means of drying green lumber shall be associated with a temporary sawmill.

5.

Green lumber and all other products and by-products from the temporary sawmill shall be removed from the site at least every 60 days.

6.

Buildings associated with a temporary sawmill shall be limited to shelter for the sawmill equipment and essential shelter for personnel. No building shall be erected for the storage, processing or drying of green lumber.

A.

General standards:

1.

Minimum lot size: 20 acres.

2.

Minimum setback for stables and riding arenas: 200 feet from all property lines.

3.

Accessory tack shops not exceeding 1,000 square feet are permitted in conjunction with commercial stables.

4.

Commercial stables shall prepare and follow a management plan for responsible and environmentally safe management of all animal wastes. Such plan shall be approved, when required, by the Virginia Department of Environmental Quality, Division of Water. Animal waste shall not create a nuisance or health hazard to adjoining property owners.

A.

Private stables in A-R, RVC, and R-1 districts shall comply with the following requirements:

1.

Minimum lot size: Two acres.

2.

On lots of less than ten acres, no more than one stable animal per acre shall be permitted.

3.

Minimum setback for stables and riding arenas: 100 feet from all property lines.

4.

Stables shall properly manage animal waste so as to not create a nuisance or health hazard to adjoining or nearby property owners.

A.

Intent. Accessory apartments afford an opportunity for the development of small rental units designed to meet the special housing needs of single persons, persons with fixed or limited income, and relatives of families who live or desire to live in the county. Accessory apartments provide a degree of flexibility for homeowners with changing economic conditions and/or family structure, while providing a reasonable degree of protection for existing property values. In addition, these provisions are provided to formally recognize previously established apartments and provide for improved safety and physical appearance.

B.

General standards.

1.

An accessory apartment shall only be considered as an accessory use to a detached single family residence and no accessory apartment shall be located in any structure other than the principal structure on the lot, except as otherwise permitted in subsection C. below.

2.

Maximum floor area: Upon completion of the construction, the accessory apartment shall not contain more than 50 percent of the finished floor area of the principal dwelling located on the same lot, but in no case shall the accessory apartment exceed 1,000 square feet.

3.

Only one accessory apartment shall be allowed on any one lot or parcel, and the owner of the property shall reside on the premises.

4.

Exterior entrances to the apartment shall be located so as to appear as a single-family dwelling.

5.

Minimum floor area of the apartment: 300 square feet.

6.

One parking space shall be required in addition to required parking for the principal dwelling.

7.

All accessory apartments shall comply with all building code requirements and shall be provided heat and modern plumbing for kitchen and bathroom facilities.

8.

Health department approval of sewage disposal shall be submitted prior to issuance of a building permit for an accessory apartment.

C.

Additional standards in the A-L and A-R districts.

1.

An accessory apartment may be permitted in a building other than the principal building provided:

a.

The parcel contains a minimum of 150 percent of the minimum lot size required.

b.

The building in which it is located complies with all setback requirements for a principal building.

D.

General standards in the B-2 district, independent of the general standards above.

1.

The accessory apartment shall be allowed only in the same structure as, and in conjunction with, an associated civic, office or commercial use type.

2.

The civic, office or commercial use type must occupy at least 50 percent of the gross floor area of the structure.

A.

Prior to the conversion of an existing dwelling to a multifamily dwelling, the following standards shall be met:

1.

The minimum lot size shall meet the minimum lot size for the district for the first unit plus one half the lot size for each additional unit proposed.

2.

Health department approval of sewage disposal shall be submitted prior to issuance of a building permit for conversion to a multifamily dwelling.

A.

A two-family dwelling shall meet the following requirements:

1.

The minimum site area for two-family dwellings is 150 percent of the required lot area for a single-family dwelling.

2.

Health department approval of sewage disposal shall be submitted prior to issuance of a building permit.

A.

A family day care home shall meet the following requirements:

1.

The facilities and operation of a family day care home shall comply with any and all requirements of the Virginia Department of Social Services and any other state requirements that may exist.

2.

The operation shall care for either children under 13 years of age or adults, but shall not care for both at the same time.

3.

Health department approval of water and sewage disposal shall be submitted prior to issuance of a zoning or occupancy permit,

A.

A guest house shall meet the following requirements:

1.

The minimum lot size for a primary dwelling with a guest house shall be 150 percent of the minimum lot size required for the zoning district in which the use is located.

2.

A guest house shall be an accessory structure and shall meet the same setbacks established for a primary structure.

3.

No such quarters shall be occupied by the same guest or guests for more than three consecutive months in any 12-month period.

4.

No such quarters shall be rented, leased, or otherwise made available for compensation of any kind.

5.

There shall be no more than one guest house permitted per residential lot or parcel.

6.

The design of a guest house shall maintain and enhance the character and exterior appearance of the primary dwelling. Use of a manufactured home as a guest house shall be prohibited.

7.

Approval of the water supply and sewage disposal shall be obtained from the health department.

A.

Intent. These provisions are adopted in recognition that certain small-scaled commercial activities may be appropriate accessory uses within residential dwellings. The character and scale of such commercial activities must be subordinate and incidental to the principal use of the premises for dwelling purposes, and must be consistent with the predominant residential character of the property and/or surrounding neighborhood. In addition, these provisions are intended to limit the size of such home occupations so as to not create an unfair competitive advantage over businesses located in commercially zoned areas.

B.

General standards.

1.

More than one home occupation may be permitted provided the total floor area used for all home occupations does not exceed the applicable community or rural standard.

2.

No dwelling or structure shall be altered, occupied or used in a manner which would cause the premises to differ from a character consistent with a residential use. The use of colors, materials, construction, lighting, or other means inconsistent with a residential use shall be prohibited.

3.

There shall be no outside storage of goods, products, equipment, or other materials associated with the home occupation. No toxic, explosive, flammable, radioactive, or other hazardous materials used in conjunction with the home occupation shall be used, sold, or stored on the site. The sale of firearms as a home occupation shall be prohibited.

4.

The type and volume of traffic generated by a home occupation shall generally be consistent with the traffic generation characteristics of other dwellings in the area.

6.

The home occupation shall not involve the commercial delivery of materials or products to or from the premises. This excludes delivery by the United States Postal Service, Federal Express (FEDEX), United Parcel Service (UPS) or similar delivery services customarily found in rural and residential areas.

7.

The home occupation shall not increase demand on water, sewer, or garbage collection services to the extent that the combined demand for the dwelling and home occupation is significantly more than is normal to the use of the property for residential purposes.

8.

No equipment or process shall be used in a home occupation which creates noise in excess of 60dB(A) measured at the property line, or vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the premises or through common walls. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or through common walls.

9.

No activity in conjunction with a home occupation shall be conducted before 7:00 a.m. or after 10:00 p.m. that adversely impacts or disturbs adjoining property owners.

10.

Off-street parking shall be provided as appropriate for the specific nature of the home occupation.

11.

The following uses shall be prohibited as home occupations:

° Vehicle or boat repair, rental, or painting

° Furniture sales

° Funeral director, mortuary or undertaker

° Medical or dental clinic

° Private clubs

° Restaurants

° Animal hospitals

° Commercial stables

° Commercial kennels

° Antique shops

° Gun shops, sale of fire arms, gunsmiths

° Bed and breakfast

° Fortune-teller, including a clairvoyant, a practitioner of palmistry, a phrenologist, a faith healer, a star analyst, a handwriting analyst who attempts to predict the future or any other person who attempts to predict the future

° Tattoo parlors

C.

Additional standards for all community home occupations.

1.

The maximum floor area permitted for a home occupation shall be 25 percent of the finished floor area of the dwelling unit. Storage of goods or products shall not exceed ten percent of the finished floor area.

2.

Home occupations shall be confined to the primary dwelling. To conduct a home occupation in an accessory building, a special use permit shall be obtained from the board of zoning appeals pursuant to section 1-304.

3.

One person who is not a permanent resident of the dwelling may be engaged or employed in the home occupation.

4.

There shall be no display or storage of goods or products visible from the public right-of-way or adjacent property.

5.

The sale of goods or products produced on the premises, or providing services which involve the consumer coming to the premises shall be limited to no more than 20 customers or clients in any one-week period. Baby-sitting for five or less children shall be permitted.

6.

Lessons in the applied arts shall be permitted, provided the class size for any lesson does not exceed five students at any one time and shall not exceed ten students in any one week period.

7.

Hair cutting and styling shall be limited to one chair only, and the retail sale of beauty and barber supplies shall be prohibited.

8.

One non-illuminated sign, a maximum of two square feet in area, shall be permitted per dwelling, regardless of the number of home occupations within the dwelling.

9.

No advertising through local media, including telephone books, and flyers shall call attention to the residential address of the home occupation.

10.

The following is a representative listing of uses which may be conducted as community home occupations within the limits established in this section:

° Art, handicraft, music, writing, photography, or similar studios

° Computer and internet related services

° Direct sales product distribution as long as products are directly delivered to the customer

° Dressmaker, seamstress, tailor

° Babysitting (up to five children)

° Hair cutting and styling

° Home typing or computer services

° Mail-order sales for delivery directly to the customer

° Non-principal offices of physician, dentist, veterinarian, insurance agent, real estate or similar profession

° Offices of accountant, architect, engineer, surveyor, land planner, lawyer, income tax preparer, minister, priest, rabbi, member of a religious order, psychotherapist, counselor, personal consultant or similar professional

° Preparation of food for off-premises catering

° Telephone sales and order-taking

° Tutor

D.

Additional standards for all rural home occupations.

1.

The maximum floor area permitted for a home occupation shall be 30 percent of the finished floor area of the dwelling unit. Storage of goods or products shall not exceed ten percent of the finished floor area.

2.

Two people who are not a permanent resident of the dwelling may be engaged or employed in the home occupation.

3.

Hair cutting and styling shall be limited to two chairs only, and the retail sale of beauty and barber supplies shall be prohibited.

4.

An accessory building or structure may be used with the home occupation, provided that the total floor area devoted to the home occupation in the accessory structure and dwelling unit does not exceed 30 percent of the finished floor area of the dwelling unit.

5.

One non-illuminated sign, a maximum of four square feet in area, shall be permitted per dwelling, regardless of the number of home occupations within the dwelling. Any sign must conform with the provisions of section [30-93] of the Zoning Ordinance.

6.

The following is a representative listing of uses which may be conducted as rural home occupations within the limits established in this section:

° All community home occupation uses

° Contractor businesses

° Glazier's or painter shop

° Heating, plumbing, or air conditioning services

° Repair of small appliances, small engines and limited machining of small parts, office machines, cameras, and similar small items

° Taxidermy

° Wood working and furniture repair

A.

A private kennel shall meet the following requirements:

1.

Minimum lot size: One acre.

2.

A private kennel shall be permitted only when accessory to a single-family dwelling or hunt club.

3.

Exterior runs, pens and other confined areas designed to house five or more animals shall be set back at least 50 feet from any property line. For the purposes of this section, perimeter fencing of a yard shall not be considered a confined area.

A.

A manufactured home, Class A may be permanently located on a lot or parcel as permitted by the underlying district, except in planned development manufactured home parks.

For the purposes of this section, the following shall apply:

1.

The manufactured home is the only residential structure located on the lot or parcel;

2.

The manufactured home has a width of 19 or more feet;

3.

The pitch of the home's roof has a minimum vertical rise of one foot for each five feet of horizontal run, and the roof is finished with a type of shingle that is commonly used in standard residential construction;)

4.

The exterior siding consists of materials comparable in composition, appearance, and usability to the exterior siding commonly used in standard residential construction;

5.

The manufactured home is constructed on a permanent footing that meets the requirements of the building code. The foundation wall shall be a continuous, masonry foundation, unpierced except for required ventilation and access and shall be installed prior to occupancy; and

6.

The tongue, axles, transporting lights, and towing apparatus are removed after placement on the lot and before occupancy.

A.

A manufactured home, Class B may be permanently located on a lot or parcel as permitted by the underlying zoning district, except in planned development manufactured home parks.

For the purposes of this section, the following shall apply:

1.

The manufactured home is the only residential structure located on the lot or parcel.

2.

The manufactured home is constructed on a permanent footing that meets the requirements of the building code. Skirting may be permitted around the perimeter of the foundation.

3.

The tongue, axles, transporting lights, and towing apparatus are removed after placement on the lot and before occupancy.

A.

A manufactured home, Class C (built prior to July 1, 1976) shall be prohibited in the county. Existing Class C manufactured homes may remain in the county as a non-conforming structure, but shall be removed from the county once they are unoccupied for two or more years.

A.

A manufactured home, Class B located on the same lot or parcel as a primary dwelling may be allowed as an accessory use in accordance with the provisions of the underlying zoning district.

For the purposes of this section, the following shall apply:

1.

The manufactured home shall be occupied solely by a specified family member or members, related to the occupants of the primary residence on the property.

2.

The owner of the lot or parcel must occupy the primary dwelling.

3.

A family member manufactured home shall not be permitted prior to the construction and occupancy of the primary dwelling.

4.

The manufactured home shall be removed not later than 90 days after no longer being occupied by the specified occupants.

5.

The minimum lot size for a primary residence with a family member manufactured home shall be 150 percent of the minimum square footage required by the underlying zoning district.

6.

For purposes of setback requirements the family member residence shall be considered an accessory structure and shall only be located in the side or rear yard.

[7.]

Where public sewer is not available, the health department shall approve sewage disposal for all family member manufactured homes.

[8.]

Only one family member manufactured home is allowed per parcel.

[9.]

No family member manufactured home shall be allowed on a lot with another Class B manufactured home.

A.

The location of the park, the condition of the site and the nature of surrounding land uses shall be such that loss of farmland and adverse impact on surrounding property will be minimal. In general, a wooded site or partially wooded site is to be preferred to an open site in order to preserve farmland, reduce visual impact on existing development and provide an attractive environment within the park. In addition, the following criteria shall apply:

1.

A new or expanding manufactured home park shall not be located in the floodplain.

2.

The park shall contain not less than two contiguous acres and shall be under single ownership or control, except that minimum area may be one acre where the proposed park is to be located adjacent to an existing mobile home park containing an area of one acre or more.

3.

The minimum width/depth for a mobile home park shall be 200 feet.

4.

A portion of a mobile home park consisting of not more than 25 percent of the area of the park may be designed for temporary parking of travel trailers, campers, or other recreational vehicles.

5.

The overall density of the mobile home park shall not exceed six units per gross acre and the net density of any particular acre within such park, whether used for mobile homes or travel trailers, shall not exceed 12 units per acres.

6.

Minimum site area for individual mobile homes shall be 3,600 square feet and no mobile home shall occupy more than 25 percent of the area of the lot on which it is situated. The minimum width for each lot shall be 2.5 times the width of the mobile home, or 25 feet, whichever is greater. Minimum lot widths shall be measured at right angles to the long axis of the lot at the setback line or rear of the parking stand whichever is less. No more than one mobile home shall be parked on anyone site and no mobile home sites shall be offered for sale or sold. Minimum site area for travel trailer or camper sites shall be 2,500 square feet.

7.

The mobile home park shall comply with all sanitary and other requirements prescribed by law or regulations. Each mobile home site shall be provided with individual water and sewer connections to central water and sewer connections to central water and sewer systems designed to serve the entire mobile home park. On-site sewage systems for individual sites or groups of sites may be permitted if approved by the health department.

8.

Each mobile home site shall be provided with electrical outlets installed in accordance with applicable codes and ordinances.

9.

No mobile home shall be parked closer than 100 feet from a public street or road, ten feet from an interior access drive, or 25 feet from any other mobile home or service building and no part of a mobile home, porches, decks, awnings, canopy or storage structure shall be located closer than five feet from the boundaries of the individual mobile home site.

10.

Access to the mobile home park shall not be from a minor residential street. Number and location of access drives shall be controlled for traffic safety and protection of surrounding properties, and no mobile home pace shall be designed for direct access to a street outside the boundaries of the park. Interior access drives shall be properly lighted and at least 50 feet in width, hard surfaced and maintained at least 20 feet in width in accord with applicable county specifications and ordinances. Turning radius at the end of a cul-de-sac shall be 35 feet.

11.

At least one off-street parking space shall be provided on each mobile home site, and in addition one off-street parking space shall be provided per mobile home in other locations convenient to groups of homes.

12.

No parking shall be permitted on the street. A special area shall be designated for accessory storage of boats and boat trailers, campers and other recreational vehicles.

13.

The topography of the site shall be such as to facilitate drainage and adequate drainage facilities shall be provided.

14.

The overall design shall evidence a reasonable effort to preserve the natural amenities of the site.

15.

The mobile home park shall be surrounded by a landscaped or wooded strip of open space at least 50 feet wide alone all street or road frontage and along all other exterior boundary lines. This space shall be in addition to space required for each mobile home site and shall not be used for other park facilities or accessory storage structures or parking areas. The site plan shall include a landscape plan for this open space indicating planting of shade trees and lower plant materials for open portions of the space and a plan for tree maintenance in wooded portions. Continued maintenance of the open area and its plantings shall be the responsibility of the owner or operator of the park.

16.

Each mobile home park shall provide not less than one multiple purpose developed recreational areas of at least 10,000 square feet in area for the use of occupants of the park.

17.

Any part of the mobile home park not used for buildings or other structures, off-street parking, recreational uses, drives and pedestrian walks, central laundry drying yards, or garbage and trash collection stations or other uses shall be planted with appropriate ground cover, trees, flowers, shrub and grass lawns, all of which shall be properly maintained.

18.

Each mobile home site shall provide at least two shade trees and provide an appropriate outdoor living space to supplement limited interior space of a mobile home. The minimum size of each such space shall be 250 square feet. Every such space shall be convenient to the entrance of the mobile home, appropriately related to open areas of the lot and other facilities off the lot, and adapted to terrain and natural features and to anticipated mobile home models.

19.

The park owner shall require and the unit owner shall insure that open space beneath each mobile home shall be skirted with approval material in accordance with the requirements of the building inspector.

20.

Corners for each mobile home site shall be clearly defined by permanent ground markers corresponding to the approved site plan. All utilities shall be underground, except instrumentation and substations which must screened by planting or ornamental walls or fences. No overhead wires shall be permitted in the park.

21.

No existing mobile home park shall be enlarged or extended unless the entire park is brought into substantial compliance with all requirements for a new mobile home park.

A.

General standards.

1.

Minimum tract size: Five acres.

2.

Use limitations: Areas designated on the approved preliminary plan as a manufactured housing subdivision shall be limited to Class A manufactured homes and single family dwellings. Where a combination of manufactured homes and single-family dwellings are proposed, at least 60 percent of the lots shall be reserved exclusively for manufactured homes.

3.

Plat designation: Plats recorded for a manufactured housing subdivision shall contain the following statement, "This is a manufactured housing subdivision" and shall indicate which lots are reserved exclusively for manufactured homes.

4.

Manufactured home installation: The manufactured home shall be anchored to a concrete pad or be attached to a permanent foundation, in accordance with the Virginia Uniform Statewide Building Code and shall otherwise comply with all of the requirements for a Class A manufactured home.

5.

Storage space: A storage area enclosed on all sides, with at least 300 cubic feet and designed to store yard equipment and supplies shall be provided. The storage area may be attached or detached from the principal structure.

B.

Additional standards for conventional subdivisions.

1.

The area, frontage, and yard requirements shall comply with the requirements for the zoning district in which it is located.

2.

All other requirements and standards contained in the subdivision ordinance shall apply.

A.

A manufactured home, Class B may be allowed as a temporary residence during the construction, repair, or renovation of a permanent residential structure on a single lot or parcel subject to the following:

1.

All permits for temporary residences, while repairing a permanent residence shall expire within one year after the date of issuance. No extension shall be considered unless substantial construction has been initiated on the permanent residence. One extension not exceeding 90 days may be granted by the administrator if it is determined that such additional time is required to reasonably complete the construction, repair or renovation of the permanent residence.

2.

All permits issued for temporary residence while constructing a new replacement residence shall expire within two years after the date of issuance. No extension shall be considered unless substantial construction has been initiated on the replacement residence. One (extension not exceeding 90 days may be granted by the administrator if it is determined that such additional time is required to reasonably complete the construction, repair or renovation of the replacement residence.

3.

All temporary manufactured homes must be removed at least 30 days after a final certificate of occupancy has been issued.

4.

Only one temporary manufactured home is allowed per parcel.

A.

The development or project shall be designed to promote harmonious relationships with surrounding adjacent and nearby developed properties and to this end may employ such design techniques as may be appropriate to a particular case, including use of building types, orientation, spacing and setback of buildings, maintenance of natural vegetation, location of access points, open spaces, and parking areas, grading, landscaping, and screening. In addition, the following general standards shall apply:

1.

Minimum tract size: One acre.

2.

Minimum lot width and frontage of 100 feet.

3.

Minimum lot depth of 150 feet.

4.

Public water and public sewer service shall be provided.

5.

Overall project density shall not exceed ten dwelling units per acre (4,356 square feet of lot area per dwelling unit) exclusive of public or commonly used rights-of-way.

6.

No multiple-family dwelling shall contain more than 12 dwelling units in any one building.

7.

At least 500 square feet of commonly usable open space shall be provided for each apartment dwelling unit.

8.

Building setbacks for lots adjacent to single-family residential districts or property used for single-family dwellings shall be at least 50 feet. No active recreational areas, parking, or refuse containers should be located within this setback area.

9.

Whenever the principal entrance to a multifamily structure, or the entrance to the individual dwelling units therein, faces on and opens directly onto the side or rear yard portion of a building, the yard width shall not be less than the front yard requirement. No parking shall be permitted within the side or rear yard space required under this provision.

10.

The minimum distance between multifamily structures shall be 50 feet.

A.

Intent. These regulations are adopted in recognition that temporary emergency housing options may be necessitated by fire, flood, or other unforeseen and sudden acts of nature.

B.

Temporary emergency housing, used under a declared disaster.

1.

Temporary emergency housing may be placed on property when a disaster has been declared by the board of supervisors, the governor of the Commonwealth of Virginia, or the President of the United States in accordance with applicable state and federal law.

2.

A zoning permit shall be obtained before temporary emergency housing can be placed on the property.

3.

The administrator shall have the authority to waive certain zoning requirements, including setback requirements, on a temporary basis in order to provide for the needs of citizens impacted by the disaster provided that such waiver can be reasonably justified and do not violate floodplain or Chesapeake Bay requirements.

4.

The period for temporary placement of such structures shall be no more than 12 months, unless an extension is specifically authorized by the board of supervisors for an additional period of time to be set by the board.

5.

No action under these provisions shall authorize permanent improvements or establishing a use in violation of this ordinance or any other law.

C.

Temporary emergency housing, used during reconstruction or replacement of an uninhabitable dwelling lost or destroyed by fire, flood, or other unforeseen and sudden acts of nature.

1.

The administrator may authorize the emergency use of a temporary emergency housing on a lot for a period of one year, if the building official certifies that the permanent dwelling on the lot is uninhabitable.

2.

Only one temporary emergency housing unit shall be permitted on any lot of record. It shall be located on the same lot as the destroyed dwelling, and must be occupied only by the person, persons, or family, whose dwelling was destroyed.

3.

The temporary emergency housing shall meet all setback and yard requirements for the district in which it is located as well as all floodplain and Chesapeake Bay requirements. It shall be anchored and stabilized in accordance with the provisions of the Virginia Uniform Statewide Building Code.

4.

A one time extension of up to 180 additional days may be granted by the administrator if substantial reconstruction of the destroyed dwelling has occurred, and work has, and is continuing to progress. The temporary emergency housing must be removed within 30 days after a final certificate of occupancy has been issued for the reconstructed dwelling.

A.

General standards.

1.

For townhouses for sale and similar attached development types, the development or project shall consist of at least ten dwelling units with no less than three and no more than six units contiguous to one another.

2.

Public water and public sewer service shall be provided.

3.

Overall project density shall not exceed six dwelling units per acre including public or commonly used rights-of-way constructed to serve the project.

4.

Each townhouse shall be erected or placed on a specifically designated land area or on a lot containing not less than 2,500 square feet. The remaining area required to meet minimum project density shall be incorporated into usable and accessible common open space or spaces and/or private vehicular access or parking areas.

5.

The minimum distance between any two unattached townhouse structures shall be 40 feet. The setback shall be increased to 60 feet if the townhouse structures are face to face. The point of measurement shall be the exterior walls of the structures and does not include balconies or other architectural features.

[6.]

The development or project shall be designed to promote harmonious relationships with surrounding adjacent and nearby developed properties and to this end may employ such design techniques as may be appropriate to a particular case, including use of building types, orientation, and spacing and setback of buildings, maintenance of natural vegetation, location of recreation areas, open spaces, and parking areas, grading, landscaping, and screening.

A.

General standards.

1.

Any outdoor activity area, swimming pool, or ball field or court which adjoins a residential use type shall be landscaped with one row of small evergreen trees in accordance with section [30-92] along the property line adjoining the residential use type. Where nighttime lighting of such areas is proposed large evergreen trees shall be required in a location appropriate to screen adjoining residences.

B.

Additional standards.

1.

The minimum area for a camp shall be ten contiguous acres.

2.

Multiple structures may be constructed on the property, such as cabins, lodges and other facilities typical of a camp provided that all structures comply with the setback requirements for a principal structure from adjoining property lines.

3.

Each building intended to accommodate members shall be accessible via an all weather road suitable to accommodate emergency vehicles serving the property.

4.

One year-round residence, including a Class A or B manufactured home, may be constructed as a caretakers home.

(Ord. No. 2025-01, § 1, 2-13-2025)

A.

General standards.

1.

Any burial plot on land abutting a public or private street shall comply with the required front yard setback of the underlying zoning district and 25 feet from all property lines.

2.

Arrangements for perpetual maintenance of the cemetery shall be in compliance with all applicable governmental laws and regulatory requirements and shall be approved by the county attorney as to form.

3.

Cemeteries and distance from wells. All cemeteries shall meet the requirements set forth below unless otherwise exempted by the department of health.

4.

All cemeteries for the internment of human remains, whether public or private, shall record in the clerk of the court's real estate records the location of all burial plots with sufficient detail to provide future owners of the location of individuals interred on the property.

(Ord. No. 2025-01, § 1, 2-13-2025)

A.

In the RVC district, when a club adjoins a residential use, a Type B buffer yard in accordance with section 5-400 shall be provided along the property line which adjoins the residential use type.

(Ord. No. 2025-01, § 1, 2-13-2025)

A.

General standards.

1.

All day care centers shall comply with the minimum standards for day care centers established by the Virginia Department of Social Services, as may be amended, unless specifically exempt from those minimum standards.

2.

The operation shall care for either children under 13 years of age or adults, but shall not care for both at the same time in the same space.

3.

A business license or certificate of zoning compliance to operate a day care center shall be approved provided that a license to operate a day care center from the Virginia Department of Social Services is approved prior to beginning operation of the center. Failure to maintain a valid license approved by the Virginia Department of Social Services shall be considered a violation of this ordinance.

(Ord. No. 2025-01, § 1, 2-13-2025)

A.

When adjoining a residential use type, a Type C buffer yard in accordance with section 5-400 shall be provided along the property line which adjoins the residential use type.

(Ord. No. 2025-01, § 1, 2-13-2025)

A.

When a place of religious assembly adjoins a residential use type, a Type A buffer yard in accordance with section 5-400 shall be provided between the parking area(s) and the residential use type.

B.

In the A-L, A-R and RVC districts:

1.

A conditional use permit shall be required for establishing a new place of religious assembly.

2.

A conditional use permit shall be required for the expansion of an existing place of religious assembly only when the expansion exceeds one or more of the following criteria:

a.

The total gross floor area of the expansion itself exceeds 7,500 square feet;

b.

The gross floor area of the expansion is more than 100 percent of the existing gross floor area; and

c.

The expansion includes an expansion of the principal worship area of more than 50 percent of the existing seating.

(Ord. No. 2025-01, § 1, 2-13-2025)

A.

General standards.

1.

In considering an application for a conditional use permit, the planning commission and board of supervisors shall consider the justification for the location of the proposed utility service and any alternative locations which may be available.

2.

The minimum lot size may be reduced as part of approval of the special use permit provided all setback and yard requirements are met and all other dimensional requirements are achieved.

3.

The height limitation contained in each district may be increased as part of the approval of the special use permit, subject to any other height limitation contained in this ordinance.

4.

No major utility service shall be located within 100 feet of an existing residence.

5.

Except in the I-1 and I-2 districts, outdoor storage of materials and equipment shall be prohibited in association with a major utility service, except during construction of the utility facility, unless specifically requested and approved as part of the special use permit. In the I-1 and I-2 districts outdoor storage areas shall comply with the screening provisions contained in section 5-400.

6.

Buildings and facilities shall be designed and constructed to be compatible with the surrounding area, so that these facilities or structures will not adversely affect nearby properties.

7.

Except in the I-1 and I-2 districts, Type B screening and buffering consistent with section 5-400 of this ordinance shall be required, unless specifically modified as a part of the approved conditional use permit.

8.

All public sewer and water utility services shall be publicly owned and operated by a government agency unless otherwise approved by the board of supervisors. If private ownership is approved by the board of supervisors, the board my impose reasonable conditions to ensure the long-term operation, maintenance and solvency of the operator. These conditions may be in addition to any other conditions imposed by the state regulating authority.

9.

Sewer and water utility services shall be designed with a service area and capacity consistent with the purposes of the respective zoning district and the recommendations of the comprehensive plan.

(Ord. No. 2025-01, § 1, 2-13-2025)

Performance standards for community-scale solar energy facilities and utility-scale solar energy facilities.

A.

Performance requirements. Applications shall comply with the following criteria:

1.

Project liaison. The operator shall designate at least one public liaison, publicize a toll-free phone number and email address for communication with the liaison during construction, and post it on a temporary sign at each access. The operator shall at a minimum, publish this information on the operator's website and provide county staff with the same information for publication on the county's website and other social media. The liaison shall act as a point of contact between citizens and construction crews. The liaison shall be available in person and by phone during active construction hours and shall respond to any questions related to the facility or property within 24 hours. The liaison role shall commence at the initial pre-construction meeting. The public liaison shall prepare a monthly report detailing any complaints, complaint date, resolution, and resolution date of any inquiries. A copy of the report shall go to the administrator on the first business day of each month throughout the construction period and an additional six months following issuance of the final occupancy permit or equivalent from the county for the facility.

2.

Independent engineer. The applicant shall pay an independent engineer, licensed by the commonwealth, to check construction progress weekly and ensure construction is proceeding in accordance with the terms of the CUP. The engineer will resolve any construction problems by mutual agreement between the applicant, engineer, and county staff. The board of supervisors will decide any unresolved disputes. Construction activity may halt during the time it takes to bring the issue to the board for resolution.

3.

Construction bond. The applicant shall post a bond with the county sufficient to ensure compliance with the construction requirements of the CUP as determined by staff. The bond must be posted at the time the building permit is issued or the site plan is approved and shall be released upon completion of construction upon certification by the administrator in consultation with the independent engineer that the construction has been built in compliance with the CUP.

4.

Erosion and sediment control. Site clearing shall not exceed 100 acres for each phase of development. Sediment control features shall receive county approval on each phase-by-phase basis before beginning any land disturbance or construction activities. Applicants to obtain a written report from either an independent engineer or the administrator determining the stabilization of each phase of construction. Once this determination is made another phase of land disturbance activities can begin.

5.

Visual impacts. The applicant shall demonstrate through project siting and proposed mitigation, if necessary, that the solar project minimizes impacts on view sheds, including from residential areas and areas of scenic, historical, cultural, archeological, and recreational significance. The facility shall utilize only panels that employ anti-glare technology, anti-reflective coatings, and other available mitigation techniques, all that meet or exceed industry standards, to reduce glint and glare. The applicant shall provide written certification from a qualified expert acceptable to the county that the facility's panels incorporate and utilize anti-glare technology and anti-reflective coatings, reduce glint, and glare to levels that meet or exceed industry standards.

6.

National standards. Projects shall comply with generally accepted national environmental protection and product safety standards for the use of solar panels and battery technologies for solar photovoltaic (electric energy) projects. Such existing product certifications and standards include the National Sanitation Foundation/American National Standards Institute No. 457, International Electro technical Commission No. 61215-2, Institute of Electrical and Electronics Engineers Standard 1547, and Underwriters Laboratories No. 61730-2. A site development plan shall reference the specific safety and environmental standards met.

7.

Setbacks. The project area shall be set back at least 300 feet from all abutting public rights of way and main buildings on adjoining parcels and from adjacent property lines. Exceptions to these distances are possible for adjoining parcels owned or leased by the applicant. Increased setbacks over 300 feet and additional buffering may be included in the conditions for a particular permit. Access, erosion and stormwater structures, and interconnection to the electrical grid is allowable through setback areas if such are generally perpendicular to the property line or underground. A 25 foot setback shall be provided between perimeter security fencing and vegetative buffer for emergency access.

8.

Security fencing. Such fencing shall enclose the project area at least six feet in height and be equipped with appropriate anticlimbing devices, such as strands of barbed wire on top of the fence. The fencing shall go on the interior of the required vegetative buffer to screen it from the ground-level view of adjacent property owners. Continual maintenance of the fencing shall occur while the facility is in operation.

9.

Maintenance of facility. All inoperative components of the facility shall be removed from the project parcels within six months of inoperability.

10.

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, 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 historic, archeological or cultural sites.

11.

Noise. Noise requirements for solar energy projects shall be no more stringent than noise requirements for other types of development in the underlying zoning district.

12.

Signage. Warning signage shall be placed on solar equipment to the extent appropriate. Solar equipment shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the solar energy project. All signs, flags, streamers or similar items, both temporary and permanent, are prohibited on solar equipment except as follows: (a) manufacturer's or installer's identification; (b) appropriate warning signs and placards; (c) signs that may be required by a federal agency; (d) signs that provide a 24-hour emergency contact phone number and warn of any danger. Educational signs providing information about the project and benefits of renewable energy may be allowed as provided in the local sign ordinance.

13.

Opaque vegetative buffers. Vegetative buffers sufficient to mitigate the visual impact of the facility are required as follows:

a.

The buffer shall consist of a landscaping strip at least 300 feet wide, shall be located within the setbacks required, and shall circle the entire perimeter of the property. In no case shall such buffers contain stormwater holding ponds.

b.

Within the buffer area there shall be sufficient existing vegetation and trees to create an opaque visual barrier to screen the project area from view. If no such barrier exists then the applicant shall establish this landscaped strip consisting of four rows of staggered evergreens ten feet apart and on 15-foot centers. Such trees shall be at least five feet tall at the time of planting and expected to grow to a minimum height of 20 feet within 10 years.

c.

The planning commission or board of supervisors may require increased setbacks and additional or taller vegetative buffering in situations where the height of structures or topography affects the visual impact of the facility. Planting of non-invasive plant species and pollinator-friendly and wildlife-friendly native plants, shrubs, trees, grasses, forbs and wildflowers shall occur in the vegetative buffer following Virginia Pollinator-Smart Program best practices.

d.

Ongoing maintenance of existing trees and vegetation in the buffer is a requirement for the life of the facility. The removal of dead or diseased trees necessary to promote healthy growth or other trees which may impact operations as approved in advance by the zoning administrator. Trees removed from the buffer shall be replaced by planting a similar tree in the buffer at least five-foot tall.

e.

Following completion of construction the pollinator-smart designated area of the project area shall receive prompt seeding with appropriate pollinator-friendly native plants, shrubs, trees, grasses, and wildflowers and in such a manner as to reduce invasive weed growth and trap sediment within the project area. At the beginning of the next planting season over-seed the project area, setbacks and buffers with appropriate pollinator-friendly native plants, shrubs, trees, grasses, forbs and wildflowers, following Virginia Pollinator-Smart Program best practices or any such other program as approved by county staff in consultation with the Department of Environmental Quality native plant finder system. Once established, mowing of the pollinator habitats shall occur after the end of every migratory season in order to reseed these areas. The intent of this provision is to ensure at least ten percent of the total acreage of the facility is cultivated in such a manner to encourage pollinator habitats in order to help maintain the rural, agricultural nature of the county.

f.

The planning commission may recommend waiving or altering the vegetative screening and/or buffer requirements when the applicant proposes to preserve existing wetlands or woodlands, as long as the wetlands or woodlands receive protection and it serves as a buffer.

14.

Heights. Ground-mounted solar energy generation facilities shall not exceed a height of 18 feet, measured from the highest natural grade below each solar panel. This limit shall not apply to utility poles and the interconnection to the overhead electric utility grid that meet state corporation commission requirements.

15.

Ground water monitoring. Ground water monitoring to assess the level of groundwater contamination shall take place prior to, during, and upon construction of the project throughout the area of the solar energy generation facility. Ground water monitoring shall take place every five years of the operation of the project, and upon completion of decommissioning. Results from said monitoring shall be delivered to the county planning office.

16.

Lighting. Lighting shall be limited to the minimum reasonably necessary for security purposes and shall minimize off-site effects. Lighting on the site shall be dark sky compliant.

17.

Inspections.

a.

All active solar energy facilities shall be inspected by county staff on an annual basis to ensure compliance with applicable state building and electrical standards.

b.

Each solar energy facility shall be required to be inspected annually for three years by the planning and zoning administrator or his/her designee following the issuance of the zoning permit or development permit to verify continued compliance with the zoning ordinance or solar energy ordinance, as applicable.

c.

Additional inspections shall be conducted as necessary in the event of complaints and shall not replace the noted inspections outlined in this section.

18.

Airport proximity. These facilities shall not be located within one mile of an airport unless the applicant submits, as part of its application, written certification from the Federal Aviation Administration that the location of the facility poses no hazard to or interfere with airport operations.

B.

Waivers and modifications. In issuing any conditional use permit for a utility-scale solar generation facility, the board of supervisors may waive or modify any of the requirements of subsection (A) above and shall consider the following matters in addition to those otherwise provided in this chapter:

1.

The topography of the site and the surrounding area.

2.

The proximity of the site to, observability from, and impact on agricultural, rural and developed residential areas.

3.

The proximity of the site to, observability from, and impact on areas of historical, cultural, and archaeological significance including cemeteries.

4.

The proximity of the site to other large scale solar energy facilities, other energy generating facilities, and utility transmission lines.

5.

The proximity of the site to, observability from, and impact on areas of scenic significance, such as scenic byways, vistas, and blueways.

6.

The proximity of the site to, observability from, and impact on public rights-of-way, including, but not limited to, highways, secondary roads, streets, and scenic byways.

7.

The proximity of the site to, observability from, and impact on recreational areas, such as parks, battlefields, trails, lakes, rivers, and creeks.

8.

The proximity of the site to airports.

9.

The preservation and protection of wildlife and pollinator habitats and corridors.

10.

The proximity of the site to any Residential Corridors of Residential Investment Areas identified in the currently adopted comprehensive plan.

11.

The size of the site in acres.

12.

The proposed use of available technology, coatings, and other measures for mitigating adverse impacts of the facility.

13.

The preservation and protection of prime farmland in the county.

14.

Such other matters as the planning commission or the board of supervisors may deem reasonably related to the application or its impacts.

C.

Conditions. The board of supervisors may impose conditions reasonably designed to mitigate the impacts of the facility. Such conditions may include requirements for:

1.

Dedication of real property of substantial value to the county or one of its instrumentalities, or

2.

Substantial cash payments for or construction of substantial public improvements, the need for which is not generated solely by the granting of the conditional use permit, so long as such conditions are reasonably related to the project.

D.

All references, within the conditional use and site development requirements, where the term "construction" is used, shall also mean "deconstruction" and "decommissioning;" and vice-versa.

E.

Decommissioning

1.

The project shall be deconstructed and removed within six months after the project sites are permanently decommissioned. As used herein "deconstructed and removed" shall mean:

a.

The removal from the surface of the property, any project facilities and appurtenances installed or constructed thereupon, including permanent foundations shall be completed both above and below ground.

b.

Prohibited is the disposal of solar panels in any of the county's landfill facilities.

c.

County staff will review the provided decommissioning report for approval or denial. If denied, a list of corrective actions will be provided to the project owner or operator. At the completion of decommissioning the properties be ready for agricultural or forestal use preserving and protecting the county's rural and agricultural character. Decommission means the removal and proper disposal of solar energy equipment, facilities, or devices related to a utility-scale energy facility. The term includes the reasonable restoration of the real property including:

i.

Soil stabilization, and

ii.

Revegetation of the ground cover of the real property distributed by the removal of such equipment, facilities, or devices and,

iii.

The preparation and submittal to the county of a phase II environmental site assessment report of the property.

2.

A site development plan for a community-scale solar energy facility or utility-scale solar energy facility shall include a detailed decommissioning plan that provides procedures and requirements for the removal of all parts of the solar energy facility and its various structures at the end of the useful life of the facility or if abandoned. The plan shall include the anticipated life of the facility, the estimated overall cost of decommissioning the facility in current dollars, the methodology for determining such estimate, and the manner in which the project will be decommissioned, including but not limited to, environmental impact, definitions of future land uses, traffic management plans, and disposal locations. The decommissioning plan and the estimated decommissioning cost will be updated upon the request of the administrator or as provided in the agreement provided for in subsection 3., provided the update shall be no more frequently than once every five years and no less frequently than once every ten years.

3.

As a condition of the approval of a site development plan for a community-scale solar energy facility or utility-scale solar energy facility, the owner, lessee, or developer of the project (the "responsible party") shall enter into a written project development agreement with the county, setting forth, at a minimum that:

a.

If the facility ceases to generate electricity for more than six consecutive months, unless due to an act of God, the responsible party will provide for its decommissioning;

b.

If the owner, lessee, or developer defaults in the obligation to decommission the facility, the county has the right to enter the real property without further need of consent of the owner to engage in decommissioning;

c.

The responsible party provides financial assurance of such performance to the county in the form of certified funds, cash escrow, bond, letter of credit, or parent guarantee as approved by the county attorney, and

d.

The amount of the financial assurance based upon an estimate by a professional engineer licensed in the commonwealth, engaged for and paid by the responsible party, who has experience in preparing decommissioning estimates, and approved by the county.

e.

The amount of the surety required shall be 100 percent of the estimated decommissioning costs plus 20 percent in administrative fees. Any solar panels, steel, aluminum, copper, fence posts, fencing, or other material removed from the facility as part of decommissioning shall be taken out of Surry County by the owner, lessee, or developer. None of the estimated salvage value of any of this material shall be used to offset the decommissioning costs.

f.

All references within the conditional use permitting and site development requirements, where the term "construction" is used, shall also mean "deconstruction" and "decommissioning" and vice-versa.

(Ord. No. 2025-01, § 1, 2-13-2025)

Additional requirements and standards for battery energy storage systems permitted as a principal use. These requirements and standards also apply to electrochemical energy storage facilities, as defined in section 3-1108 of this appendix, that are located in an emerging technology zoning district.

A.

Application Requirements. Each application for a conditional use permit for a battery energy storage system shall include the following general information:

1.

ProjectDescription. A narrative identifying the applicant, owner, and operator, and describing the proposed battery energy storage system, including an overview of the project, its location, and a maintenance plan for the project; the approximate rated capacity of the battery energy storage system; and a description of ancillary facilities.

2.

Concept development plan. The concept development plan shall include the following information:

i.

Existing and proposed buildings and structures, including preliminary location(s) of all proposed equipment;

ii.

Existing and proposed access roads, drives, turnout locations, and parking;

iii.

Location of any substations, electrical cabling, ancillary equipment, buildings, and structures (including those within any applicable setbacks);

iv.

A draft emergency action plan;

v.

Fencing or other methods of ensuring public safety; and

vi.

The location and nature of proposed buffers and screening elements, including vegetative and constructed buffers.

3.

Technical review/fees. Applications for battery energy storage systems may require a technical review prior to site plan approval that will be conducted by a consultant selected by the county. Any fees associated with performance of this review will be paid by the applicant.

4.

Additional considerations. Applications shall include a historic resource impact analysis, an environmental resource impact analysis, a traffic impact analysis, a scaled elevation view and other supporting drawings, photographs of the proposed site, photo or other realistic simulations or modeling of the proposed project, a landscaping and screening plan, a coverage map, or other additional information that may be necessary for a technical review of the proposal as determined by the planning director.

B.

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

i.

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

ii.

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

iii.

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

iv.

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

v.

The requirements of this section shall be deemed complete if the applicant chooses to fulfill the public participation requirements described in Virginia Administrative Code Section 9VAC15-100-90 related to an application for permit by rule for small energy storage facilities and holds the required public meeting within 60 days of the planning commission's initial public hearing, provided that the applicant also informs the planning director and adjacent property owners in writing of the date, time and location of the meeting, at least seven but no more than 14 days in advance of the meeting.

C.

Performance requirements. All battery energy storage systems shall comply with the criteria:

1.

Operation. Battery energy storage systems shall be constructed, maintained, and operated in accordance with national industry standards and regulations, including the most current adopted edition of the National Electrical Code, International Fire Code of the International Code Council, and the National Fire Protection Association Fire Code. The batteries shall be National Fire Protection Agency (NFPA) compliant. In the event of a conflict between the national industry standards and these conditions, the national industry standards shall control so that as technology advances, updated technology may be used.

2.

Configuration. Battery cells shall be placed in a battery energy storage system container or similar modular assembly with a battery management system. The battery energy storage system shall provide a secondary layer of physical containment to the batteries and be equipped with cooling, ventilation, and fire safety systems. The facility shall have 24/7 automated fire detection. Each battery energy storage system shall include fire mitigation technology to prevent the spread of fire among containers or assemblies and shall not require the actions of personnel to suppress or otherwise engage a thermal event or fire. To the extent required by NFPA 855, the battery management system shall monitor individual battery module voltages and temperatures, container temperature and humidity, off-gassing of combustible gas, fire, ground fault and DC surge, and door access and be able to shut down and alarm in response to an unsafe condition.

3.

Safety operation standards.

i.

Each battery energy storage system shall install and maintain fire safety systems such as an automatic fire alarm/detection system and/or extinguishing technology built in based on specific hazards, as approved by the county fire official, under the direction of NFPA 855 standards, as amended, and the Virginia Statewide Fire Prevention Code. Active fire extinguishing technology may not be required if it can be shown that the battery energy storage system meets all applicable code requirements including NFPA 855 and subject to the approval of the county fire official.

ii.

To the extent required by NFPA 855, the battery management system shall include 24/7 monitoring for individual battery module voltages and temperatures, container temperature and humidity, off-gassing of combustible gas, fire, ground fault and DC surge, and door access.

iii.

The battery management system shall be capable of shutting down and issuing an alarm in response to an unsafe condition.

4.

Warning signage. NFPA 704 placards shall be placed on the entry to the facility and as appropriate on individual containers and facility entrances along with emergency contact information.

5.

Emergency access. Access to the property for Surry County Fire and EMS shall be provided in a manner acceptable to the Surry County Chief of Emergency Management and/or the Fire Marshal.

6.

Setbacks. Battery energy storage systems shall comply with the following minimum setback requirements:

i.

In the A-R District:

1.

Be located at least 200 feet from all property lines, unless the adjacent parcel is zoned industrial, has an electric substation to which the battery energy storage system will connect and is located on the same side of the road, or is an adjacent parcel owned or leased by the battery energy storage system's owner or operator.

2.

Be located 500 feet from all residential and commercial structures.

3.

These setbacks may be increased as necessary to address sensitive adjacent uses by specific terms of the conditional use permit.

ii.

In the M-1 and M-2 District:

1.

Be located a minimum of at least 75 feet from all property lines and otherwise comply with all minimum height, bulk, setback, and yard requirements of the underlying district.

2.

These setback may be increased as necessary to address sensitive adjacent uses by specific terms of the conditional use permit.

7.

Screening/landscaping buffers.

i.

Battery energy storage systems located in the A-R district shall be fully screened on all sides from ground-level view by a vegetative buffer of at least 100 feet located within the required setbacks, except for facilities located within or adjacent to parcels zoned industrial, or adjacent to a parcel with an electric substation located on the same side of the road.

ii.

Battery energy storage systems located in the M-1 or M-2 shall conform to the screening and buffering requirements of the underlying district.

iii.

A minimum 20 foot buffer shall be established around the perimeter of the battery energy storage system's fenceline and such buffer shall be cleared of combustible vegetation and other combustible growth. The buffer must also be covered in gravel, concrete, or some other non-combustible material to provide for additional fire protection.

iv.

All screening and landscaping shall be in accordance with Article V, General Design Guidelines and Development Review Procedures, of this Ordinance.

8.

Fencing. Battery energy storage systems shall be enclosed by a security fence at least eight feet in height or other greater height as required by applicable codes or design requirements of the operating entity.

9.

Noise. The average noise generated from the battery energy storage systems, components, and associated ancillary equipment at any time shall not exceed a noise level of 65 dBA as measured from the property line of an adjoining parcel and shall not exceed 55 dBA at the outer wall of any occupied structure on an adjacent parcel in the AR district in existence at the time the project receives its conditional use permit.

i.

Noise study. Prior to site plan approval, the applicant shall be required to provide a noise study, which shall include equipment and component manufacturers' noise ratings and operating sound pressure level measurements from a reasonable number of sampled locations at the perimeter of the battery energy storage system and at the boundaries of the property in order to demonstrate compliance with this standard.

ii.

If, prior to site plan approval, but subsequent to approval of the concept development plan by the board of supervisors, modifications to the concept development plan and/or associated permit conditions are required to be in compliance with noise standards, the planning director shall have the authority to permit minor structural additions or modifications to the concept development plan so long as such additions or modifications are limited to addressing noise levels.

10.

Signage. No advertising of any type may be placed on a battery energy storage system or related facility, except that a sign shall be required displaying the name, registration number, and emergency contact number of the facility owner. The sign shall not exceed four square feet in size and shall be located on the security fence or other approved location.

11.

Lighting. Lighting of any battery energy storage system shall be limited to that minimally required for safety and operational purposes and all lighting shall be exclusively motion-sensor activated. All lighting must be in compliance with the International Dark-Sky Association's (IDA) guidelines and all lighting equipment shall have received third-party certification by the IDA's DarkSky Approved program. A lighting plan detailing compliance with these requirements shall be submitted prior to site plan approval.

12.

Height. Battery energy storage systems shall not exceed a height of 30 feet, except for structures associated with interconnection to the electrical grid.

D.

Emergency response plan. Prior to final site plan approval, an emergency response plan shall be developed in coordination with the Surry County Chief of Emergency Management and/or the fire marshal and shall include:

i.

Procedures for safe shutdown, de-energizing, or isolation of equipment and systems under emergency conditions to reduce the risk of fire, electric shock, and personal injuries, and for safe start-up following cessation of emergency conditions;

ii.

Procedures for inspection and testing of associated alarms, interlocks, and controls;

iii.

Procedures to be followed in response to notifications from the battery energy storage system, when provided, that could signify potentially dangerous conditions, including shutting down equipment, summoning service and repair personnel, and providing agreed upon notification to fire department personnel for potentially hazardous conditions in the event of a system failure;

iv.

Emergency procedures to be followed in case of fire, explosion, release of liquids or vapors, damage to critical moving parts, or other potentially dangerous conditions. Procedures may include sounding the alarm, notifying the fire department, evacuating personnel, de-energizing equipment, and controlling and extinguishing the fire;

v.

Response considerations similar to a safety data sheet (SDS) that will address response safety concerns and extinguishment when an SDS is not required;

vi.

Procedures for dealing with battery energy storage system equipment damaged in a fire or other emergency event, including maintaining contact information for personnel qualified to safely remove damaged battery energy storage system equipment from the facility;

vii.

A water containment plan;

viii.

Other procedures as determined necessary by the city to provide for the safety of occupants, neighboring properties, and emergency responders; and

ix.

Procedures and schedules for conducting drills of these procedures and for training local first responders on the contents of the plan and appropriate response procedures.

E.

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

i.

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

ii.

Lane closures, flagging procedures, directional and informational signage;

iii.

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

iv.

Designated delivery and parking areas;

v.

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

vi.

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

vii.

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

F.

Bonding requirements. The board of supervisors may require a bond or letter of credit in an amount and with surety satisfactory to the department of planning, securing to the county compliance with the conditions and limitations set forth in the conditional use permit.

G.

Remediation. The battery energy storage system operator or owner shall be responsible for any environmental remediation required by the county or the state and the costs of such remediation. All remediation shall be completed in a timely manner.

H.

Decommissioning. Decommission means the removal and proper disposal of equipment, facilities, or devices related to a battery energy storage system. Decommissioning shall be implemented upon abandonment and/or in conjunction with removal from the facility due to the end of its useful life which results in a permanent ceasing of operations. The disposal of battery components in any of the county's landfill facilities is prohibited.

1.

Decommissioning plan. The applicant shall submit a decommissioning plan prior to site plan approval. The decommissioning plan shall include:

i.

A narrative description of the activities to be accomplished, including who will perform that activity and at what point in time, for complete physical removal of all battery energy storage system components, structures, equipment, security barriers, and transmission lines from the site;

ii.

Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations;

iii.

The anticipated life of the battery energy storage system;

iv.

The estimated decommissioning costs and how said estimate was determined;

v.

The method of ensuring that funds will be available for decommissioning and restoration;

vi.

The method by which the decommissioning cost will be kept current;

vii.

The manner in which the site will be restored, including a description of how any changes to the surrounding areas and other systems adjacent to the battery energy storage system, such as, but not limited to, structural elements, building penetrations, means of egress, and required fire detection suppression systems, will be protected during decommissioning and confirmed as being acceptable after the system is removed; and

viii.

A listing of any contingencies for removing an intact operational energy storage system from service, and for removing an energy storage system from service that has been damaged by a fire or other event.

2.

Decommissioning agreement. As a condition of the approval of a site plan for a battery energy storage system, the owner, lessee, or developer of the project shall enter into a written project development agreement with the county, setting forth, at a minimum that:

i.

If the facility ceases to generate electricity for more than six consecutive months, unless due to an act of God, the responsible party will provide for its decommissioning.

ii.

If the owner, lessee, or developer defaults in the obligation to decommission the facility, the county has the right to enter the real property without further need of consent of the owner to engage in decommissioning.

iii.

The owner and/or operator of the energy storage system shall provide surety in the form of certified funds, cash escrow, bond, letter of credit, or parent guarantee as approved by the county attorney, for the removal of the battery energy storage system, for the period of the life of the facility. All costs of the financial security shall be borne by the owner and/or operator.

iv.

The amount of the financial assurance based upon an estimate by a professional engineer licensed in the commonwealth, engaged for and paid by the responsible party, who has experience in preparing decommissioning estimates, and approved by the county.

v.

The amount of the surety required shall be 100 percent of the estimated decommissioning costs plus 20 percent in administrative fees. All components and material removed from the facility as part of decommissioning shall be taken out of Surry County by the owner, lessee, or developer. The estimated salvage value of the energy storage system components may be used to offset the decommissioning costs.

vi.

All references within the conditional use permitting and site development requirements, where the term "construction" is used, shall also mean "deconstruction" and "decommissioning" and vice-versa.

3.

Physical decommissioning. The decommission process shall occur within six months after the battery energy storage system permanently ceases operation. The decommissioning process shall conform to the decommissioning plan and shall include the reasonable restoration of the real property, to include:

i.

The removal from the surface of the property, any project facilities and appurtenances installed or constructed thereupon, including permanent foundations shall be completed both above and below ground. For facilities located in an M-1 or M-2 district, foundations shall be permitted to remain.

ii.

The filling in and compacting of all trenches or other borings or excavations made in association with the project, the removal of all debris caused by the project from the surface of the property, soil stabilization of the project site, and revegetation of the ground cover of the real property disturbed by the removal of such equipment, facilities, or devices.

iii.

For facilities located in the A-R district, at the completion of decommissioning, the properties shall be returned to a state in which agricultural or forestal use may continue in order to preserve and protect the county's rural and agricultural character.

4.

Decommission review. Upon completion of decommissioning, the project owner or operator shall provide to the planning director a report detailing compliance with all of conditional use permit and ordinance requirements required for decommissioning as well as perform and provide a phase II environmental site assessment report of the site to the county. County staff will review the provided decommissioning report for approval or denial. If denied, a list of corrective actions will be provided to the project owner or operator.

I.

Modification. The board of supervisors may, in its sole discretion, by conditional use permit, waive or modify requirements set out in this article for battery energy storage systems, based on unique site conditions, if it finds that such waiver or modification promotes good land use planning and is compatible with surrounding land uses, and as long as the project still otherwise complies with applicable state law and local ordinances.

(Ord. No. 2025-02, 4-3-2025)

A.

An adult entertainment establishment shall be permitted where the zoning district(s) regulation(s) identifies such uses subject to the following standards:

1.

No such regulated use shall be permitted within 2,500 feet of:

a.

Any other existing adult entertainment establishment; and,

b.

Any residential zoning district or Planned Development Residential District.

c.

Any child care institution, child care center, place of religious assembly, or establishment that sells religious articles or religious apparel;

d.

Primary or secondary educational facility, and their associated play areas; and

e.

Community recreation, public parks and recreational areas, or cultural services.

The separation and distances specified in this subsection shall be measured from property lines, or in the case of zoning districts, from the outward boundary of that district.

2.

Signs and other visible messages. Adult entertainment establishments shall be permitted to have signs and visible messages based on the allowable sign area of the zoning district in which they are located, provided:

a.

Signs.

i.

Sign messages shall be limited to verbal description of material or services available on the premises.

ii.

Sign messages may not include any graphic or pictorial depiction of material or services available on the premises.

b.

Other visible messages.

i.

Messages which are visible or intended to be visible from outside the property (such as on or within doors or windows) shall not display materials, items, publications, pictures, films, or printed material available on the premises; or pictures, films, or live presentations of persons performing or services offered on the premises.

3.

Discontinuance of operation. Should a use defined as an adult entertainment establishment cease or discontinue operation for a period of 90 or more consecutive days, it may not resume, nor be replaced by any other adult entertainment establishment unless it complies with the requirements set forth above.

A.

In the AR and RVC districts.

1.

Antique shops shall not exceed 3,000 square feet in gross floor area unless a special use permit is obtained from the board of zoning appeals.

2.

When adjoining a residential use type, a Type B buffer yard in accordance with section 5-400 shall be provided along the property line which adjoins the residential use type.

A.

A bed and breakfast shall comply with the following standards:

1.

Maximum number of guest bedrooms: Seven.

2.

Maximum number of guests at any one time: 20.

3.

No paying guest shall stay on any one visit for more than 14 consecutive nights.

4.

One off-street parking space for each guest bedroom shall be provided in a side or rear yard;

5.

Meal service is limited to one daily meal between 6:00 a.m. and 11:00 a.m. per paying overnight guest and is subject to approval by the health department for food preparation; and

6.

At least one operator of the bed and breakfast shall reside on the premises or on adjacent premises.

A.

The location of the campgrounds, the condition of the site and the nature of surrounding land uses shall be such that loss of farmland and adverse impact on surrounding property will be minimal. In general, a wooded site or partially wooded site is to be preferred to an open site in order to preserve farmland, reduce visual impact on development and provide an attractive environment within the campground.

B.

The site plan shall be prepared by a professional experienced in campground design and shall show all proposed facilities, accessways, structures, service facilities, location of camping sites, parking areas, trails and walkways, entertainment areas, if any, landscape plans and areas to be maintained in their natural state. Plans for staged development shall be indicated and the site plan shall be accompanied by a management plan which describes proposed operating procedures and techniques.

C.

No campground guests shall stay more than 30 consecutive nights in any one visit.

D.

A campground shall comply with the following additional standards:

1.

Minimum lot size = Five acres.

2.

Maximum density of campsites = 12 units per acre.

3.

Minimum campsite area = 3,000 square feet.

4.

Entrance roads shall be located to minimize adverse impact on adjacent and nearby property and located and designed in accordance with applicable standards of the Virginia Department of Highways and Transportation.

5.

Internal access drives shall be of adequate width for internal traffic, hard surfaced and maintained at least ten feet in width, in accord with applicable county specifications.

6.

The camping area shall comply with all sanitary and other requirements prescribed by the health department and any other law or regulations.

7.

The overall design shall evidence a reasonable effort to preserve the natural amenities of the site, including wooded areas, steep slopes, bluffs, wetlands, beaches, and bodies of water. Special emphasis shall be given to preservation of mature trees and landscaping of areas which must be cleared.

8.

Accessory structures or recreation facilities, offices, service buildings, boat ramps, marinas, washrooms, swimming pools, game courts, ball fields and the like should generally be oriented and accessed internally and located to minimize impact on adjacent property, in no case closer than 100 feet to any campground boundary or closer than 200 feet to any lot in an R-1 or R-2 Residence District.

A.

Intent. The workforce campground, in contrast to a recreational campground, is to provided small scaled facilities in discrete rural areas of the county to accommodate the workforce associated with the Surry Nuclear Power Plant and similar facilities during outages, which require skilled and semi-skilled labor to seek temporary short term housing in the community.

B.

General standards.

1.

Density permitted is one campsite per 0.5 acres.

2.

The maximum number of campsites shall be ten sites.

3.

No campsite shall be located within 200 feet of single-family residence located on an adjoining property, other than the residence of the owner/operator of the campground.

4.

Health department approval shall be obtained for the campground and sewage disposal system. Any form of sewage disposal may be approved by the health department, unless otherwise specifically addressed by this ordinance, provided there is no assumption of liability on Surry County without the express approval of the board of supervisors.

5.

Access to campsites shall be provided by a ten-foot all weather road suitable for volume and characteristics of the vehicles typical of a campground.

6.

The property on which the workforce campground is located shall have direct access to a public road, or if a private road is used for access, all of the property owners have access rights to the private road shall provide a written authorization for the use of the private road for a workforce campground.

7.

The maximum length of continuous occupancy in the same campground shall be no more than 120 days. This maximum occupancy shall not be circumvented by removal of units for brief periods of time, as is determined by the administrator.

8.

The location of the campgrounds, the condition of the site and the nature of surrounding land uses shall be such that loss of farmland and adverse impact on surrounding property will be minimal. In general, a wooded site or partially wooded site is to be preferred to an open site in order to preserve farmland, reduce visual impact on development and provide an attractive environment within the campground.

9.

The overall design shall evidence a reasonable effort to preserve the natural amenities of the site, including wooded areas, steep slopes, bluffs, wetlands, beaches, and bodies of water. Special emphasis shall be given to preservation of mature trees and landscaping of areas which must be cleared.

10.

The special exception permit, if approved, shall initially be issued for a period not to exceed five years. Renewal of the permit shall be obtained prior to the expiration of the initial five years, after which a permit may be issued for period of not more than ten years.

A.

General standards.

1.

Limited sale of foods prepared on the premises may be allowed provided no more than 20 percent of the floor areas is devoted to seating facilities. Seating areas in excess of this shall constitute a fast food restaurant.

2.

Exterior display of merchandise for sale is allowed under the following conditions:

a.

On a paved walkway within three feet of the building.

b.

Ice machines and soft drink vending machines, in operating condition, shall be stored under roofed areas.

3.

The display of vehicles "for sale" is prohibited.

B.

Additional standards in the RVC district.

1.

No convenience store shall exceed 2,000 square feet of gross floor area.

2.

When adjoining a residential use type, a Type B buffer yard in accordance with section 5-400 shall be provided along the property line which adjoins the residential use type.

A.

General standards.

1.

Bulk storage of fuel shall be underground pursuant to the standards established by the National Fire Prevention Association (NFPA) and the U.S. Environmental Protection Agency (EPA).

B.

Additional standards in the RVC districts.

1.

No more than six stations designed for dispensing fuel shall be located on site.

2.

Fuel dispensers shall be located at least 30 feet from any public street right-of-way, and shall be located at least 100 feet from any adjoining residential use type.

3.

When adjoining a residential use type, a Type B buffer yard in accordance with section 5-400 shall be provided along the property line which adjoins the residential use type.

A.

General standards.

1.

Animal waste shall be disposed of in a manner acceptable to the department of health.

2.

Except in the B-2 district, crematoria or land burial of animals in association with a commercial kennel shall be permitted provided these activities comply with all applicable laws, including those for a cemetery.

B.

Additional standards in the A-L and A-R districts.

1.

The minimum area required for a commercial kennel shall be five acres.

2.

All facilities associated directly with the commercial kennel, whether indoors or outdoors, shall be set back a minimum of 100 feet from any property line.

3.

All outdoor runs, training areas and pens associated with a commercial kennel shall be set back a minimum of 200 feet from any property line.

3.

When adjoining a residential use type, a Type B buffer yard in accordance with section 5-400 shall be provided along the property line which adjoins the residential use type.

4.

The site shall front on and have direct access to a publicly owned and maintained street.

C.

Additional standards in the B-1 and B-2 district.

1.

All outdoor runs, training areas and pens associated with a commercial kennel shall be set back a minimum of 100 feet from any property line.

A.

A manufactured home sales establishment shall comply with the following additional standards:

1.

Minimum lot size = One acre.

2.

All units displayed for sale shall be in usable condition and no units shall be placed or stored in a required front yard.

3.

Any unit not in usable condition shall be kept in a storage yard separated from the display area by a continuous visual screen with a maximum height of eight such screen consisting of a compact evergreen hedge or foliage screening or louvered fence or wall of a continuous and uniform material, other than corrugated metal or similar materials. Units not in usable condition shall be repaired or removed from the premises within 30 days.

4.

When adjoining a R-1 or R-2 Residence District, a Type C buffer yard in accordance with section 5-400 shall be provided along the property line which adjoins the residential district.

A.

A marina shall comply with the following additional standards:

1.

The marina or yacht club shall comply with all other codes, regulations, laws and ordinances, including the requirements of the Army Corps of Engineers.

2.

The proposed design shall be satisfactory as regards such safety features as location of fueling points, fuel stations, effect on navigation and possibilities for water pollution.

3.

The marina or yacht club shall be properly located with respect to access roads and existing and future developed area.

4.

The location of piers, docks, ramps and other facilities and dredged areas shall be such as to minimize damage to wetlands.

A.

A mini-warehouse may be permitted consistent with the zoning district(s) regulation(s), provided:

1.

The minimum lot size shall be one acre.

2.

All storage spaces shall be contained in individual enclosed stalls containing no more than 400 square feet each and no greater than ten feet in height.

3.

The following uses shall be prohibited:

a.

Auctions by tenants, commercial wholesale or retail sales, or miscellaneous or garage sales.

b.

The servicing, repair or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances or other similar equipment.

c.

The operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment.

d.

The establishment of a transfer and storage business.

e.

The storage or transfer of toxic, flammable, or otherwise hazardous chemicals or similar substances, highly combustible, explosive or hazardous materials regulated by local, state, or federal law.

f.

Residential uses (other than a resident manager's apartment).

4.

Outdoor storage areas shall be used for the storage of motor vehicles, trailers, and recreational vehicles only. All outdoor storage areas shall be screened from adjoining properties by a Type B buffer yard in accordance with section 5-400.

5.

When adjoining properties are used or zoned for residential purposes:

a.

Nonstreet-facing property lines shall be improved with a solid, vinyl or wooden fence, or masonry wall along the entire length (except for approved access crossings) a minimum of six feet in height, and interior to a Type C buffer yard in accordance with section 5-400.

b.

Street-facing property lines shall require a wooden fence or masonry wall along the entire length (except for approved access crossings) a minimum of six feet in height; said improvements are to be located outside any public right-of-way and interior to any required setback.

6.

No security fencing, security gate or other obstruction to vehicle access shall be permitted in the required front yard setback or in any required buffer yard.

7.

All interior driveways shall be at least 26 feet wide when cubicles open onto one side only and at least 30 feet wide when cubicles open onto both sides to accommodate loading and unloading at individual cubicles. Adequate turning radiuses shall be provided, where appropriate, for a 30-foot long single unit truck or moving van.

A.

General standards.

1.

All vehicles stored on the premises in excess of 72 hours shall be placed in a storage yard. The storage yard shall be fully screened from public view and shall be set back at least 100 feet from any adjoining residential district.

2.

Body and fender repair services shall be subject to the following:

a.

The repair facilities are at least 150 feet from any adjoining residential district.

b.

Any spray painting takes place within a structure designed for that purpose and approved by the building official based upon a qualified third party inspector, at no cost to the county.

3.

Exterior display or storage of new or used automobile parts is prohibited.

4.

All defective parts and all waste products, particularly gas, oils and anti-freeze shall be properly stored and disposed of in accordance with all applicable state and federal regulations.

A.

General standards.

1.

Exterior display or storage of new or used automobile parts is prohibited.

2.

Equipment and vehicles stored overnight on the premises shall be behind the front building line or at least 35 feet from the public right-of-way, whichever is greater.

3.

All defective parts and all waste products, particularly gas, oils and anti-freeze shall be properly stored and disposed of in accordance with all applicable state and federal regulations.

B.

Additional standards in the RVC district.

1.

When adjoining a residential use type, a Type B buffer yard in accordance with section 5-400 shall be provided along the property line which adjoins the residential use type.

2.

The site shall front directly on and have direct access to a publicly owned and maintained street.

A.

Dry-cleaning or pressing pickup stations or shops shall not occupy more than 2,500 square feet of floor area and using no cleaning fluid whose base is petroleum or one of its derivatives.

A.

A recreational vehicle sales and service establishment shall comply with the following additional standards:

1.

Minimum lot size = One acre.

2.

All units displayed for sale shall be in usable condition and no units shall be placed or stored in a required front yard.

3.

Any unit not in usable condition shall be kept in a storage yard separated from the display area by a continuous visual screen with a maximum height of eight such screen consisting of a compact evergreen hedge or foliage screening or louvered fence or wall of a continuous and uniform material, other than corrugated metal or similar materials. Units not in usable condition shall be repaired or removed from the premises within 30 days.

4.

All defective parts and all waste products, particularly gas, oils and anti-freeze shall be properly stored and disposed of in accordance with all applicable state and federal regulations.

5.

When adjoining a R-1 or R-2 Residence District, a Type C buffer yard in accordance with section 5-400 shall be provided along the property line which adjoins the residential district.

A.

In the RVC district.

1.

When adjoining a residential use type, a Type B buffer yard in accordance with section 4-500 shall be provided along the property line which adjoins the residential use type.

2.

Health department approval for sewage disposal, water supply and kitchen facilities shall be submitted prior to issuance of a building permit for a restaurant.

A.

A veterinary hospital/clinic shall comply with the following additional standards:

1.

Minimum lot size when handling large animals = Five acres.

2.

Minimum lot size when handling small animals (companion pets) = Three acres.

3.

All buildings, structures, pens, or open kennels shall be located at least 100 feet from any lot line.

A.

General standards.

1.

A Type D buffer yard shall be required in accordance with section 5-400.

2.

In considering a conditional use permit request for an asphalt plant, in addition to the general standards contained in section 1-501 of this ordinance, the board shall specifically consider and set standards for the following:

a.

The maximum height of any structure and any additional setback requirements necessary to compensate for any increased height.

b.

Specific measures to control dust during the construction and operation of the plant.

c.

Specific levels of noise permitted during the daytime and nighttime operation of the plant, as measured at adjacent property lines, and any additional requirements for the design or operation of the plant intended to reduce noise.

A.

In the A-R district, the following standards shall apply:

1.

In considering a special use permit request for a construction yard, in addition to the above standards and the general standards contained in section [30-19] of this ordinance, the board of zoning appeals may consider and set standards for the following:

a.

The provisions for screening of any vehicles, equipment, materials and storage yard, and screening and buffering, in accordance with section 5-400, of the entire construction yard.

b.

The maximum height of any structure and any additional setback requirements necessary to compensate for any increased height.

c.

Specific measures to control dust on the site.

d.

Specific levels of noise permitted on the site, as measured at adjacent property lines.

e.

Limit the hours of operation.

f.

The maintenance and repair of all vehicles and equipment shall be conducted within an enclosed building.

A.

General standards.

1.

A custom manufacturing establishment shall meet all the requirements for a principal structure.

2.

All activities associated with a custom manufacturing establishment, other than loading and unloading, shall be conducted within an enclosed building.

B.

Additional standards in the A-L and A-R districts.

1.

Maximum square footage for a custom manufacturing establishment: 3,000 square feet.

2.

No custom manufacturing establishment shall be located on lot containing less than three acres.

3.

The site shall front directly on and have direct access to a publicly owned and maintained street.

4.

The custom manufacturing establishment shall be accessory to a single-family dwelling.

5.

When an adjoining residential use type on an adjoining lot is within 100 feet of the property, a Type B buffer yard in accordance with section 5-400 shall be provided along the property line which adjoins the residential use type.

C.

Additional standards in the RVC district.

1.

Maximum square footage for a custom manufacturing establishment: 3,000 square feet.

2.

When an adjoining residential use type on an adjoining lot is within 100 feet of the property, a Type B buffer yard in accordance with section 5-400 shall be provided along the property line which adjoins the residential use type.

A.

General standards.

1.

Minimum parcel size for an industrial or construction debris landfill = 20 acres.

Minimum parcel size for a sanitary landfill = 100 acres.

2.

A Type D buffer yard shall be provided in accordance with section [30-92].

3.

The site development and operations shall be in accordance with all of the regulations of the Virginia Department Environmental Quality include special conditions of any landfill permit.

4.

In addition to the application requirements for a conditional use permit, a master plan of the proposed development and use of the site shall be submitted for consideration. This plan shall specify all physical changes and improvements to the property, areas proposed for landfilling activities including a phasing plan with time frames for the landfilling activities, methods for controlling drainage, run-off and leachate, erosion and sediment control measures to be employed during development of the site, an evaluation of the impact of the proposed activity on groundwater resources, methods for securing the site from illegal entry, proposed access routes and impacts on public roads, and proposed closure plan and eventual re-use of the site.

5.

In considering a conditional use permit, in addition to the above standards and the general standards contained in section 1-501 of this ordinance, the board may consider and set standards for the following:

a.

The surface materials required for the access road, and length from the public road this surface treatment is required.

b.

Specific measures to control dust, odor and pests on the site.

c.

Specific levels of noise permitted on the site, as measured at adjacent property lines and acceptable noise levels as measured from adjoining residences.

d.

Limits on the hours of operation including the delivery of waste material and the operation of equipment on-site.

e.

Limitations on the types of materials to be landfilled.

f.

Measures to insure adequate security of the site.

g.

Additional requirements for screening and buffering.

6.

No clearing or landfilling activities shall be undertaken until the appropriate permits are approved by the Virginia Department of Environmental Quality.

7.

During the operating life of the landfill, an annual environmental audit shall be prepared by a qualified independent contractor to determine compliance with all conditions of the special use permit and all other requirements for the operation of the landfill. Any violations shall be reported to the administrator and shall be made public information.

A.

General standards.

1.

The excavations shall be confined to areas distant at least 50 feet from all adjoining property lines, at least 100 feet from any and all adjoining property lines in any R-1 or R-2 Residence or Business District, and distant at least 200 feet from any dwelling or any and all property lines in any platted subdivision except that excavations may be conducted within such limits provided the written consent of the owners of such adjoining properties are secured.

2.

The excavations shall be confined to areas distant at least 200 feet from the right-of-way lines of any existing or platted street, road or highway, except that where the ground level is higher than the road the board may permit excavations down to the road level.

3.

Any building containing power driven or power producing machinery or equipment shall be distant at least 600 feet from all adjacent property in any R-1 or R-2 Residence or Business District or the right-of-way lines of any existing or platted street, road or highway.

4.

Access shall not be from a minor residential street. All roadways on and all vehicular entrances and exits from the premises on which such operations are conducted to any public roads shall be located to secure public safety, lessen congestion and facilitate transportation, and shall be so maintained as to eliminate any nuisance from dust to neighboring properties.

5.

All equipment used for the production or transportation of materials shall be constructed, maintained and operated in such a manner as to eliminate as far as practicable noises, vibrations or dust which are injurious or annoying to persons living in the vicinity.

6.

A specific plan of systematic operation and simultaneous rehabilitation shall be submitted to and approved by the board of supervisors which shall provide in all respects for the adequate safeguarding and protection of other nearby interests and the general public health, safety, convenience, prosperity and welfare, and which shall include a satisfactory plan and program showing, by contour maps and otherwise, how the land is to be restored to a safe, stable, usable and generally attractive condition by regrading, draining, planting, or other suitable treatment to resist erosion and conform substantially with adjacent land characteristics.

7.

Whenever the conditional use permit issued by the board of supervisors shall have expired, or whenever the operations shall have ceased for any period exceeding 12 consecutive months, then all plants, buildings, structures (except fences), stockpiles and equipment shall be entirely removed from the premises, and the premises shall be restored as required above.

8.

A bond or other suitable guarantee may be required prior to undertaking any work under the permit guaranteeing the faithful performance of all of the applicable requirements in this ordinance. A certificate shall be filed annually stating the effectiveness of the bond.

9.

The board of supervisors may renew a permit, after a public hearing, provided an application thereof is filed within 60 days before its expiration date, in the same manner as for an original permit, provided the applicant is carrying out the requirements of his existing permit in good faith.

A.

General standards.

1.

No scrap and salvage service (junkyard, salvage yard or automotive wrecking yard or graveyard) shall hereafter be established with any portion of its area within 200 feet of a public street, road or highway.

2.

All junk, salvage and wrecking yards shall comply with chapter [4.1 of the Surry County Code], all applicable state and federal laws and other requirements deemed appropriate by the board of supervisors.

3.

All junk, salvage and wrecking yards shall be located at least 500 feet from the boundary line(s) of the property upon which the yard is located in all instances when the adjoining property is zoned A-R, A-L, R-1, R-2 or other residence districts.

A.

Intent. The existence of untreated septage/sewage poses a clear and documented risk to public health and safety. The following provisions are intended to permit by conditional use permit the replacement of a failed septic system or other approved method of sewage disposal on property which contains a single family residence constructed prior to the date of this ordinance and where no other alternative for sewage disposal exists. These systems are not considered by Surry County to be a proven nor acceptable technology for general application or new construction since they conflict with the growth management and resource protection policies contained in the county's Comprehensive Plan, However, these systems provide a more acceptable method of sewage disposal than no sewage disposal at all for residences which pre-existed this ordinance.

B.

Special application requirements and procedures.

1.

Formal application shall be made to the Virginia Department of Health (VDH) in accordance with Section 2.12 of the VDH regulations. No application to Surry County will be accepted until a formal application has been submitted to and received by VDH.

2.

In addition to the application requirements and procedures established in section 1-501 of this ordinance, no application for a conditional use permit shall be considered until the information listed below is provided.

a.

A copy of the application form and material(s) submitted to VDH;

b.

Written documentation from VDH that all other methods of sewage disposal permitted in Virginia have been investigated and that the alternative discharging sewage system is the only remaining alternative for this improved property;

c.

Documentation supporting conformance with the criteria contained in subsection C.2. below; and,

d.

The tax map number, name and mailing address of all property owners 1,000 feet downstream of the proposed discharge point along the fall line, based on the most recent real estate books for Surry County, or other municipality if appropriate.

3.

In addition to all other notice requirements contained in section 1-501 of this ordinance and otherwise required by law, all property owners located 1,000 feet downstream from the discharge point along the fall line shall be notified by first class mail at least ten days prior to any public hearing. The administrator shall be responsible for this notification. The applicant shall be responsible for the cost of postage.

4.

Wherever possible, the review and consideration of a request for a conditional use permit shall be coordinated with the review procedures and requirements of VDH and the Virginia Department of Environmental Quality, Division of Water.

C.

General standards.

1.

All proposed alternative discharging sewage systems shall comply with the regulations and requirements of the Virginia Department of Environmental Quality, Division of Water and the Virginia Department of Health (VDH) pursuant to Code of Virginia, § 62.1-44.2 et seq. and Code of Virginia, §§ 32.1-163 and 32.1-164, respectively, as may be amended. The primary regulations which govern the permitting and installation of these systems are contained in the VDH regulations titled "Alternative Discharging Sewage Treatment System Regulations for Individual Single Family Dwellings (VR 355-34-400)."

2.

A conditional use permit request shall only be considered when the following criteria is met:

a.

The residence is located more than 300 feet from an existing or proposed public sewer line, or when 300 feet or less, is otherwise unable to connect to public sewer due to topography or other physical constraint, as determined by the utility operator; and,

b.

The proposed alternative discharging sewage system is solely for replacing a failed septic system or other approved method of sewage disposal for a property which contains a single-family residence constructed prior to the effective date of this ordinance (insert effective date).

3.

In Surry County the location of the discharge point shall be limited to a year-round stream as defined in Section 3.2 of the VDH regulations, except as allowed in item C.5. below.

4.

Use of an intermittent stream or dry ditch as the discharge point may be permitted by the board of supervisors under the following conditions:

a.

The use of an intermittent stream or dry ditch is included as a specific condition of the conditional use permit;

b.

Specific conditions are attached to the permit pertaining to additional levels of treatment, security of the discharge point, ownership of the property or a perpetual easement for a distance downstream from the discharge point, and other criteria essentially to protect the public health and safety; and,

c.

None of the conditions attached to the permit are less restrictive than the requirements contained in Section 3.7 of the VDH regulations unless specifically varied or modified by VDH and incorporated into the conditions of the conditional use permit.

5.

Prior to issuance of an operating permit by VDH, a notice shall be recorded with the clerk of the circuit court advising future purchasers of the legal obligations associated with the method of sewage disposal located on the property. At a minimum, this shall include notice that the approval must be re-permitted every five years or upon change of ownership as required by VDH regulations, that a maintenance contract must remain in full force at all times, that VDH shall have the right of access to the property, and that the health department and Surry County do not warrant in any way the continued compliance with county, state and federal standards and assumes no liability for the continued use of this technology for sewage disposal. This document shall be approved by the county attorney's office prior to recordation.

6.

A copy of all formal and informal testing results required under Section 3.11 of the VDH regulations shall be submitted to the county health department and the county department of planning and zoning, in addition to any other agency or location required by law.

7.

Any conditional use permit approved by Surry County shall run concurrently with the operating permit approved by VDH. Upon expiration or revocation of the operating permit, the conditional use permit shall also expire or be revoked. No conditional use permit shall be valid for a period greater than five years.

8.

Requests to renew a permit of an existing system shall be considered as though it were a separate and new request for a conditional use permit and shall meet all of the requirements of this ordinance. Recurring requests for a permit due to repeated revocations of an operating permit or failure to comply with the requirements of the VDH regulations, including failure to maintain a current maintenance contract at all times, may be sufficient grounds for denial of a new conditional use permit by the board of supervisors.

9.

Any violation of the VDH regulations for the construction, operation and maintenance of an alternative discharging sewage system shall be considered a violation of any conditional use permit approved under this ordinance.

10.

Any variance or waiver approved by VDH shall not automatically be binding on the board of supervisors in considering or approving a conditional use permit.

A.

General standards for amateur radio towers.

1.

An amateur radio tower shall be considered as an accessory structure and shall comply with the minimum setback requirements for the respective zoning district.

2.

The minimum setback requirement from the base of the tower to any residential structure on an adjoining lot shall be at least equal to 40 percent of the height of the tower, measured from the closest structural member of the tower (excluding guy lines). Guy lines shall be exempt from the minimum setback requirements in side and rear yards for the respective zoning district, but shall comply with the setback requirements for the front yard.

3.

More than one tower shall be permitted provided all setback requirements have been met.

4.

Towers shall be illuminated as required by the Federal Aviation Administration (FAA) and the Federal Communications Commission (FCC), but no lighting shall be incorporated if not required by either agency.

5.

The maximum height permitted by right for an amateur radio tower shall be 200 feet. Any tower which exceeds this height may be permitted only after obtaining a special exception permit in accordance with section 1-304 of this ordinance and the additional criteria established below:

a.

In accordance with the FCC's Memorandum Opinion and Order in PRB-1 also known as "Amateur Radio Preemption", 101 FCC2d 952 (1985), local regulation of amateur radio towers shall consider the following:

i.

The FCC, in regulating and licensing amateur radio stations and operators, is operating under basic federal objectives which preempt certain local regulations which preclude amateur communications;

ii.

Restrictions on the placement, screening, or height of towers based on health, safety or aesthetic considerations must reasonably accommodate amateur communications.

iii.

Restrictions must represent the minimum practicable regulation to accomplish the purpose of the district in which the tower is proposed, as well as the purpose of this ordinance as contained in section [30-3].

b.

The specific height of the amateur radio tower shall be established as a condition of the special use permit.

A.

General standards for all communications towers.

1.

The minimum setback requirement from the base of the tower to any residential structure on an adjoining lot shall be at least equal to 40 percent of the height of the tower, measured from the closest structural member of the tower (excluding guy lines). Guy lines shall be exempt from the minimum setback requirements in side and rear yards for the respective zoning district, but shall comply with the setback requirements for the front yard.

2.

The minimum setback from any property line abutting a road right-of-way for any other building or structure associated with a broadcasting tower shall be 50 feet and in all other instances shall be no less than 25 feet.

3.

More than one tower shall be permitted provided all setback requirements have been met.

4.

Towers shall be illuminated as required by the Federal Communications Commission (FCC) and the Federal Aviation Administration (FAA), but no lighting shall be incorporated if not required by either agency, other than essential security lighting.

5.

The co-location of communications equipment on an existing tower or structure shall be permitted by right provided the height of the tower or structure is not increased in height by more than five feet and provided that all additional equipment can be accommodated within the existing structure(s) and/or cabinets.

B.

Additional criteria for communications towers in excess of 125 feet in height.

1.

Any communication tower proposed in excess of 125 feet in height shall require a conditional use permit from the board of supervisors in accordance with section 1-501 of this ordinance.

2.

In considering the location of equipment and towers, the applicant shall document the lack of available site based upon the following community preferences:

a.

Existing structures;

b.

Public lands suitable for such facilities;

c.

Private property.

3.

The board of zoning appeals shall consider the following factors in determining whether to issue a conditional use permit for new towers and in establishing any conditions on a permit, if approved.

a.

Height of the proposed tower;

b.

Proximity of the tower to residential structures and residential district boundaries;

c.

Nature of the uses of adjacent and nearby properties;

d.

Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

e.

Proposed ingress and egress;

f.

Opportunities to co-locate the equipment on an existing tower;

g.

Language of the lease agreement dealing with co-location;

h.

Consistency with the Comprehensive Plan and the purposes to be served by zoning;

i.

Availability of suitable existing towers and other structures; and

j.

Proximity to commercial or private airports.

A.

General standards.

1.

As part of the application for an outdoor gathering, the petitioner shall submit information indicating the individuals and/or parties sponsoring the event, the nature of the gathering, the events, displays and/or entertainment scheduled, the number of tickets to be sold, an estimate of the total number of people expected to attend, and the dates for which the permit is requested.

2.

In addition, a detailed plan shall be submitted of all facilities to be provided in accordance with the following guidelines:

a.

Adequate provisions for sanitation facilities, garbage and trash collection and disposal, and facilities for providing food, water and lodging for persons at the gathering shall be provided.

b.

The sponsors shall provide for adequate medical facilities, fire protection and security of the site.

c.

Adequate on-site parking shall be provided for all employees and patrons of the gathering. The parking layout shall be determined in advance of the festival, adequately marked on the site and shall be supervised during the festival in such a manner as to provide safe and convenient access to all patrons and employees, and to accommodate emergency service vehicles.

d.

Adequate off-site circulation and traffic controls to provide safe ingress and egress to the gathering without burdening the existing road network or substantially disrupting the normal flow of traffic.

e.

Any lighting installed for the gathering shall be directed away from adjoining properties and public rights-of-way.

3.

Where more than 2,000 people are anticipated to attend an outdoor gathering, in addition to providing a detailed plan for the above items, the applicant shall provide executed contracts for the provision of the essential services and provisions cited above, and shall obtain a special use permit from the board of zoning appeals.

4.

No more than three outdoor gatherings shall be held on the same property in any calendar year, unless otherwise approved as part of a special use permit, conditional use permit or rezoning approved by the county.

5.

Activities held in public parks or on public property shall be exempt from requirements above.

A.

Intent. The purpose of requiring a conditional use permit is to ensure consistency with the Comprehensive Plan and appropriate land use. Reconstructed wetlands, once permitted by state and federal agencies, become a permanent long term land use that is expensive and difficult to re-permit if it is poorly placed on the landscape. Such facilities should therefore be evaluated in relationship to the long range plans of the county. Issues related to the technical design, feasibility, etc., shall remain the jurisdiction of the Army Corps of Engineers and the Department of Environmental Quality and shall not be a consideration in evaluating the conditional use permit request.

A.

General standards.

1.

The site or area used as a shooting range shall be fenced, posted every 50 feet or otherwise restricted so that access to the site is controlled to insure the safety of patrons, spectators and the public at large.

2.

The Sherriff of Surry County shall review and approve the design and layout of any shooting range or match as to its safety to patrons of the range as well as surrounding property owners. As a general guideline, the following distances shall be maintained unless modified in writing by the county sheriff:

a.

The minimum distance from any firing point measured in the direction of fire to the nearest property line shall not be less than 300 feet;

b.

Where a backstop is utilized to absorb the discharged load, the minimum distance may be 200 feet; and,

c.

No firing point shall be located within 100 feet of an adjoining property line.

A.

General standards.

1.

A turkey shoot shall be on a site of not less than three acres.

2.

The firing line or points shall be located at least 100 feet from any public road.

3.

The site shall be so designed that the distance to any adjacent property measured from the firing point or points in the direction of fire shall be not less than 600 feet, or and earthen backstop of 20 feet or greater shall be provided a minimum of 200 feet from the firing line.

4.

Shotguns only shall be used in a turkey shoot.

5.

The use or discharge of firearms shall be prohibited between the hours of 9:30 p.m. and 7:00 a.m.

6.

A zoning permit shall be valid for a period not to exceed 60 consecutive days.

A.

General standards.

1.

The minimum setback requirement from the base of the pole or tower to any residential structure on an adjoining lot shall be at least equal to 40 percent of the height of the tower, measured from the closest structural member of the tower (excluding guy lines). Guy lines shall be exempt from the minimum setback requirements in side and rear yards for the respective zoning district, but shall comply with the setback requirements for the front yard.

B.

Additional standards in all zoning districts other than the R-1 and R-2 districts.

1.

Windmills on structures of less than 125 feet shall be permitted by right as indicated in article III, Zoning districts and boundaries. Windmills on structures of 125 feet or greater, where permitted in article III, shall require a special exception permit from the board of zoning appeals pursuant to section 1-304.

C.

Additional standards in the R-1 and R-2 districts.

1.

Windmills on structures of less than 60 feet shall be permitted by right as indicated in article III, Zoning districts and boundaries. Windmills on structures of 60 feet or greater, where permitted in article III, shall require a special exception permit from the board of zoning appeals pursuant to section 1-304.

D.

Multiple windmills on a single site.

1.

The installation of multiple windmills on a single site shall require a conditional use permit from the board of supervisors in accordance with section 1-501 of this ordinance. Multiple windmills shall consist of more than two windmills on a single property.