Sec. 1-103

Other

• Adjacent jurisdiction notice distance0.5 miles

  When any proposed amendment of a zoning district boundary, special exception or conditional use permit application lies within one-half mile of a county or municipal boundary, notice of the proposal, together with the date, time, and place of the public hearing thereon, if such hearing has been scheduled, shall be forwarded to the planning commission, if such exists, or the governing body of the adjacent county or municipality

• Maximum administrative varianceVariancePermission to depart from a specific dimensional rule, granted on a showing of hardship.50 pct

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

• Administrator decision appeal time30 days

  All such petitions for review shall be filed with the administrator within 30 days from the date of the decision for which review is sought.

• Amendment withdrawal restriction period1 years

  If any amendment application is withdrawn at the request of the applicant subsequent to the commission's recommendation on the application, or if the board denies any amendment application submitted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

• Building permit expiration6 months

  all such permits shall expire not later than six months from the effective date of this ordinance, unless actual construction has begun pursuant to the terms of said permit.

• BZA approval commencement time6 months

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

• Certificate of zoning compliance decision time7 days

  The county shall issue or deny any application for a certificate of zoning compliance within seven days of an application being filed.

• Certificate of zoning compliance required

  A certificate of zoning compliance shall be required for any of the following: 1. Occupancy or use of a building hereafter erected, enlarged or structurally altered. 2. Change in the use or occupancy of an existing building. 3. Occupancy or change in the use of vacant land except for the silvicultural activities, raising of crops, and other agricultural uses not involving structures or subject to use standards contained in article IV of this ordinance. 4. Any change in use of a nonconforming use, or any alteration of a nonconforming building or structure.

• Commission recommendation time90 days

  The commission shall review the proposed amendment and report its findings and recommendations to the board along with any appropriate explanatory materials within 90 days from the date that the proposed zoning ordinance amendment is referred to the commission

• Condition recording time180 days

  An official copy of the proffered conditions signed by the property owner(s) and as approved by the board of supervisors shall be recorded within 180 days of approval in the land records in office of the clerk of court in a form approved by the county attorney.

• Condition standards

  1. The rezoning itself must give rise for the need for the conditions. 2. The conditions shall have a reasonable relation to the rezoning. 3. The conditions shall be in conformity with the comprehensive plan. 4. The conditions must be clearly understood and enforceable. 5. The conditions must not require or allow a design or standard that is less restrictive than the general provisions of this ordinance.

• Conflict of interest rule

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

• Disclosure of equitable ownership

  The board of supervisors, planning commission or board of zoning appeals may require any applicant for a special exception, or a conditional use permit, amendment to the zoning ordinance or variance to make complete a disclosure of the equitable ownership of the real estate to be affected

• Erosion and sediment control plan required

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

• Fees set by board

  Fees shall be set by the board of supervisors for the various procedures, permits, hearings and applications established by this ordinance as may be reasonably necessary from time to time to cover the costs incurred by the county.

• NonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. damage reconstruction threshold50 pct

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

• NonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. expansion threshold20 pct

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

• NonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. lot of record development

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

• NonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. lot without public street frontageFrontageThe length of a lot line that touches a public street.

  Any lot of record that is nonconforming because it has no public street frontage may be developed, or an existing structure on the lot may be expanded, provided the county reviews and grants a special exception permit for the proposed development, expansion, and use in accord with the standards and procedures contained in section 1-304 of this ordinance.

• NonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. sign maintenance

  In a residence district where any sign does not comply with the provisions of this ordinance, such sign and any supporting structures may be maintained but shall not be replaced, reconstructed, moved, structurally altered, or relighted except in compliance with the provisions of this ordinance and may continue in use unless subject to removal under other provisions of this ordinance.

• No new permits for premises with nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. signs

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

• NonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. use discontinuance period2 years

  The use is not discontinued for more than two years

• Pending preliminary plat approval time90 days

  The preliminary subdivision plat is approved by the board of supervisors or the subdivision agent, as may be required, within 90 days from the effective date of this ordinance.

• Pending site plan building permit issuance time90 days

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

• Performance guarantee waiver threshold500 dollars

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

• Preliminary plat final submission time1 years

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

• Public notice newspaper publication weeks2 weeks

  Public newspaper notice of the time and place of such hearing, together with a summary describing the proposed application shall be published in at least one newspaper of general circulation in Surry County once each week for two successive weeks

• Sign erection days before hearing7 days

  Such signs shall be erected not less than seven calendar days before any public hearing of which they give notice

• Sign exemption parcel count26 parcels

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

• Sign frequency per frontageFrontageThe length of a lot line that touches a public street.500 ft

  Where the property has extensive road frontage, one sign shall be erected for each 500 feet of frontage.

• Sign removal days after hearing2 days

  and removed by the applicant within two days after the final public hearing before the action of the board of supervisors on said application.

• Subdivision ordinance compliance

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

• Temporary certificate of occupancy validity8 months

  Temporary or partial certificates of occupancy shall be valid for a period not to exceed eight months, during which time all improvements required by county law must be made.

• Violation appeal time30 days

  Any written notice of a zoning violation or a written order of the administrator shall include a statement informing the recipient that he may have a right to appeal the notice of a zoning violation or a written order within 30 days in accordance with this section

• Maximum violation penalty1,000 dollars

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

• Minimum violation penalty10 dollars

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

• Written notice days before hearing10 days

  The administrator shall send, by mail, to each owner shown on said list, at least ten days before the date set for a hearing upon such application, a notice addressed to such owners generally

• Written notice radius200 ft

  a complete and accurate list of the names and addresses of the owners of all the lands adjoining and within a radius of 200 feet of the property affected by such application shall be prepared by the administrator.

• Zoning permit required

  A zoning permit shall be required for the erection, construction, reconstruction, moving, adding to, or alteration of any structure, or the establishment of any land use, except as listed below: 1. Silvicultural, and agricultural uses of land associated with the conduct of a farm. 2. Patios. 3. Fences. 4. Streets. 5. Electric power, telephone, cable television, gas, water, and sewer lines, street lights, wires or pipes, together with supporting, poles or structures, and traffic control signs located within a public right-of-way.

• Zoning permit validity6 months

  All zoning permits issued shall be valid for a period of six months, unless the structure, use or activity for which the permit was issued has commenced.