(A) Initiation of request.
(1) Except in the case of a conditional zoning request, any property owner or his/her agent, or citizen or his/her agent may initiate the process to amend this chapter, including the zoning maps, by submitting an application at least 30 days prior to the regularly scheduled meeting.
(2) A petition for any map change or amendment shall contain a description of the property as recorded with the Surry County Register of Deeds, or a metes and bounds description of a portion of the property identified on the petition, a statement of the present and proposed zoning regulation or district boundary, and the names and addresses of the owner or owners of the property involved. Such petition shall be filed no later than 21 days prior to the Planning Board meeting at which the petition is to be considered. There must be a separate petition prepared for each parcel of land that has different ownership.
(3) The petitioner shall schedule a meeting with the planning staff prior to submittal of the petition. This meeting will allow the petitioner and the planning staff to familiarize themselves with the proposal, land use plan development principles and any applicable regulations.
(4) A statement of reasonableness of the proposed request shall be prepared for each application for a rezoning. Pursuant to G.S. § 160D-601, no amendment to zoning regulations or a zoning map that down-zones property shall be initiated nor is it enforceable without the written consent of all property owners whose property is the subject of the down-zoning amendment, unless the down-zoning amendment is initiated by the local government. For purposes of this section,
DOWN-ZONING means a zoning ordinance that affects an area of land in one of the following ways:
(a) By decreasing the development density of the land to be less dense than was allowed under its previous usage.
(b) By reducing the permitted uses of the land that are specified in a zoning ordinance or land development regulation to fewer uses than were allowed under its previous usage.
(5) There shall be a fee payable to Surry County for each application for rezoning. The amount of said fee shall be fixed by the Commissioners and shall be sufficient to defray all administrative costs incurred in processing the application, notifying abutting property owners, obtaining technical assistance, and publishing the notice of public hearing.
(6) If the applicant believes that development of his property in a specific manner will lessen adverse effects upon surrounding properties or otherwise make the rezoning more in accordance with principles underlying the Surry County Land Use Plan, he/she shall apply for rezoning to the appropriate conditional zoning district specifying the nature of his proposed development. Procedures for amendments to conditional zoning districts are found in this subchapter.
(B) Public notice.
(1) No amendments may be adopted to this chapter until a public hearing has been held on such an ordinance by both the Planning Board and by the Board of Commissioners.
(2) The Zoning Administrator shall publish a notice of each public hearing on any amendments to this chapter once a week for two successive weeks in a newspaper having general circulation in the area. The notice shall be published for the first time not less than ten days nor more than 25 days before the date fixed for the hearing. In computing such period, the day of publication is not to be included but the day of hearing shall be included.
(3) In addition to the public notice above, where the proposed amendment involves a change in the designation of any parcel of land, the Zoning Administrator shall, by first class mail, give notice of the public hearing to the owner(s) of parcel(s) involved in the proposed amendment, if the owner(s) are different from the applicant(s), as well as the owners, as shown on the tax rolls of Surry County, of all land abutting the parcel(s) involved in the proposed amendment. For this section, properties are "abutting" even if separated by a street, railroad, or other transportation corridor. This notice shall be mailed at least ten but not more than 25 days prior to the public hearing. The person mailing such notice shall certify that such notices have been mailed. Certification shall be included in the report prepared by the Zoning Administrator that such notice has been made.
(4) When a zoning map amendment is proposed, the county shall prominently post a notice of the public hearing on the site proposed for rezoning or on an abutting public street right-of-way. This notice shall be posted continuously no more than 25 days and not less than ten days prior to the hearing date. Such notice shall be readable to passerby and able to withstand rain and light wind. In computing such period, the day the notice is posted is not to be included but the day of hearing shall be included. When multiple parcels are included within a proposed zoning map amendment, a posting on each individual parcel is not required, but the county shall post sufficient notices to provide reasonable notice to interested persons.
(C) Planning Board consideration of proposed amendments.
(1) Every proposed amendment (text and map), supplement, change, modification, or repeal of this chapter shall be referred to the Planning Board for its recommendation and report. The Planning Board shall hold a public hearing, at which the Board of County Commissioners may sit concurrently with the Planning Board if the Board of Commissioners so desires.
(2) The Planning Board shall advise and comment on whether the proposed amendment is consistent with any officially adopted comprehensive plan, land use plan, small area plan, community plan, community development plan, corridor plan, thoroughfare or transportation plan, and capital improvements plan. The Planning Board shall provide a written recommendation to the Board of Commissioners that addresses plan consistency and other matters as deemed appropriate by the Planning Board.
(3) The following policy guidelines shall be followed by the Planning Board concerning zoning amendments and no proposed zoning amendment will receive favorable recommendation unless:
(a) The proposal will place all property similarly situated in the area in the same category or in appropriate complementary categories;
(b) There is convincing demonstration that all uses permitted under the proposed district classification would be in the public interest and not merely in the interest of an individual or small group;
(c) There is convincing demonstration that all uses permitted under the proposed zoning district classification would be appropriate in the area included in the proposed change since under a new district designation, any use permitted in the district is allowable so long as it meets district requirements;
(d) There is convincing demonstration that the character of the neighborhood will not be materially or adversely affected by any use permitted in the proposed change; and
(e) The proposed change is in accord with the land use plan and sound planning principles, and in the opinion of the Planning Board the request is reasonable and in the public interest.
(4) The Planning Board shall be prohibited from allowing any testimony or evidence concerning the specific manner an applicant/property owner intends to use or develop the property, except in the case of a request for a conditional zoning district.
(5) The Planning Board shall render its decision on any properly filed application within 30 days after the introduction of such application. The Planning Board and the petitioner may agree to a continuance to a date certain to allow time for the petitioner to address issues that arose during the public hearing.
(6) Determination of consistency and statement of reasonableness. The Planning Board shall adopt one of the following statements in their recommendation to the Board of Commissioners:
(a) A statement recommending approval of the zoning amendment and describing its consistency with the Surry County Land Use Plan and explaining why the action taken is reasonable and in the public interest.
(b) A statement recommending rejection of the zoning amendment and describing its inconsistency with the adopted plan and explaining why the action taken is or is not reasonable and in the public interest.
(D) Board of Commissioners consideration of proposed amendments.
(1) Following Planning Board consideration, the Board of Commissioners shall call a public hearing for the next available regular evening meeting date, allowing time for advertising.
(2) Before taking such lawful action as it may deem advisable, the Board of County Commissioners shall consider the Planning Board's recommendations on each proposed zoning amendment. If no written report is received from the Planning Board within 30 days of referral of the amendment to that Board, the Board of Commissioners may proceed in its consideration of the amendment without the Planning Board's report. The Board of Commissioners is not bound by the recommendations, if any, of the Planning Board.
(3) The Board of Commissioners shall be prohibited from allowing any testimony or evidence concerning the specific manner an applicant/property owner intends to use or develop the property, except in the case of a request for a conditional zoning district.
(4) A report from the Planning Board that a proposed amendment is inconsistent with an officially adopted plan shall not preclude consideration or approval of the proposed amendment by the Board of Commissioners.
(5) At the conclusion of the public hearing on a proposed amendment, the Board of Commissioners may proceed to vote on the proposed amendment, refer it for further study or take any other action consistent with its usual rules of procedure.
(6) Determination of consistency and statement of reasonableness.
(a) As required by G.S. § 160D-605(a), prior to adopting or rejecting any zoning amendment, the Board of Commissioners shall adopt one of the following statements which shall not be subject to judicial review:
1. A statement approving the zoning amendment and describing its consistency with the Surry County Land Use Plan and explaining why the action taken is reasonable and in the public interest.
2. A statement rejecting the zoning amendment and describing its inconsistency with the adopted plan and explaining why the action taken is or is not reasonable and in the public interest.
(b) If the amendment is adopted and the action is deemed inconsistent with the adopted plan, the zoning amendment shall have the effect of also amending the future land use map in the approved plan and no additional request or application for a plan amendment shall be required. A plan amendment and a zoning amendment shall be considered concurrently.
(7) The Board of Commissioners is not required to take final action on a proposed amendment within any specific period of time.
(8) The applicant, the Planning Board and the Zoning Administrator shall be given written copies of the Board of County Commissioners' decision and the reasons therefor.
(E) Resubmittal of a zoning change request. With the exception of requests originating with the Planning Board, Board of Adjustment or county administration, a petition for any rezoning of the same property or any petition for the same amendment to this chapter's text shall be permitted only once within any one-year period. The Board of County Commissioners, by 80% affirmative vote of its total membership, may waive this restriction if it finds any emergency or hardship exists.
(F) Withdrawal of an application. Any application submitted in accordance with the provisions of this chapter for the purpose of amending the regulations or district boundaries established by this chapter may be withdrawn at any time, but fees are non-refundable.
(Ord. passed 4-17-2023)