Surry County Unincorporated

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

the total approved utility-scale solar generation facilities shall not exceed seven percent of developable land within the county or 10,695 acres in total.

No conditional use permit shall be issued except upon a finding of the board that in addition to conformity with any standards set forth in article IV, Use and design standards, the proposed conditional use conforms with the following general standards: 1. The proposal as submitted or modified shall conform to the comprehensive plan of the county and to the purposes of the zoning ordinance. 2. The proposal as submitted or modified shall have a minimum adverse impact on the surrounding neighborhood or community. Adverse impact shall be evaluated with consideration to items such as, but not limited to, traffic congestion, noise, lights, dust, drainage, water quality, air quality, odor, fumes and vibrations.

The use is not discontinued for more than two years... 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.

Any legally established use which existed prior to the adoption of this ordinance... shall not be considered a nonconforming use where a special exception or conditional use permit is now required... approval of a conditional use permit shall be required... when either of the conditions below is present... 1. There is a 20 percent or greater net increase in the square footage... 2. The expansion or enlargement will substantially alter the site design...

Where a lawful building or structure exists... which could not be built under the terms of this ordinance... may be continued... No building or structure shall be enlarged in any way which increases or extends its nonconformity. Any building or structure which is damaged by any means to an extent of less than 50 percent of its replacement cost... may be reconstructed... Any building or structure which is damaged... more than 50 percent... shall be reconstructed only in conformity... Any building or structure which is moved... shall thereafter conform to the regulations for the district in which it is located.

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

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... Any lot of record that is nonconforming because it has no public street frontage may be developed... provided the county reviews and grants a special exception permit... This provision shall not apply to the use and development of such parcels for any agricultural and forestry use type.

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... Removal, replacement, reconstruction, moving or structural alteration for any cause whatsoever shall be considered as loss of nonconforming status. Supporting structures for nonconforming signs may continue in use for a conforming sign if said support structures comply... No permits for additional signs shall be issued for any premises on which there are any nonconforming signs.

The requirements of this ordinance shall not apply to any structure or use established pursuant to a building permit issued prior to the effective date of this ordinance. No building permit which was lawfully issued prior to the original effective date... shall be invalidated... provided that all such permits shall expire not later than six months from the effective date... unless actual construction has begun... The requirements of this ordinance shall not apply to any structure or use proposed to be established pursuant to a site plan or building permit application pending as of the effective date... provided... building permit is issued within 90 days...

Chesapeake Bay Preservation Area (CBPA). Any land designated by Surry County pursuant to Part III (9 VAC 25-830-70 et seq.) of the Chesapeake Bay Area Designation and Management Regulations and § 62.1-44.15:74 of the Act. A Chesapeake Bay Preservation Area shall consist of a resource protection area and a resource management area.

Floodplain means all lands that would be inundated by flood water as a result of a storm event of a 100-year return interval.

Family. One or more persons related by blood, marriage, or adoption, or under approved foster care, or a group of not more than five persons (including servants) living together as a single dwelling unit.

Garage, private. A building, accessory or attached, used for storage purposes only and having a capacity of not more than four automobiles and a floor area of not more than 900 square feet or not more than two automobiles per family housed in the building to which the garage is accessory, whichever is the greater.

Minimum district size: 500 acres of contiguous land. The maximum height of any structure shall be 75 feet. There shall be no minimum setback requirements for development in the ET district

Minimum district size: 500 acres of contiguous land. The maximum height of any structure shall be 75 feet. There shall be no minimum setback requirements for development in the ET district.

Minimum district size: Ten acres of contiguous land. Maximum gross density: Three dwelling units per acre. Minimum common open space and/or recreational areas: 15 percent of the gross area of the PD district.

Minimum district size: Ten acres of contiguous land. Maximum gross density: Three dwelling units per acre. Minimum common open space and/or recreational areas: 15 percent of the gross area of the PD district.

The action of the board of historic and architectural review shall be based upon consideration of the following: ... The general compatibility of the site plan and the exterior design, arrangement, texture, and materials proposed to be used.

The requirements contained herein establish the means to minimize erosion and sedimentation potential, reduce land application of nutrients and toxins, and maximize rainwater infiltration within the Chesapeake Bay Preservation Areas...