York City Zoning Code
SECTION VIII
- ZONING DISTRICTS3
Editor's note— Ord. No 23-703, adopted Oct. 3, 2023, added new provisions and, at the discretion of the city, renumbered the sections of former Sec. VIII, §§ 3—15 as Sec. VIII, §§ 3—18 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.
1. - R-15 Restricted residential district.
[The purpose, permitted uses, conditional uses, temporary uses, and off-street requirements of the R-15 district are as follows:]
A.
Purpose: It is the intent of this section [section VIII] that the R-15 single-family zoning district be developed and reserved for low-density residential purposes. The regulations which apply within these districts are to encourage the formation and maintenance of a healthy, stable environment for one-family dwellings situated on zoning lots having an area of 15,000 square feet or more, and to deny any use by commercial, industrial, or other uses which would adversely affect the residential character of the district.
B.
Permitted uses:
1.
One-family dwelling (other than mobile homes and doublewides, which are not permitted).
2.
Home occupations, in strict accordance with the provisions set forth in this section [section VIII].
3.
Noncommercial horticulture or agriculture, but not including the keeping of poultry or livestock.
4.
Accessory uses in compliance with the provisions of this section [section VIII].
5.
Private clubs for the purpose of golf, tennis, swimming, and similar recreational activities, providing all structures are set back from the property lines a minimum of 50 feet, no lights shine on adjacent residential property, off-street parking requirements are met, and the facility does not detract from the residential character of the neighborhood.
6.
Public parks or recreational facilities.
7.
Schools.
8.
Churches.
9.
Bed and breakfast tourist house.
C.
Conditional uses: Temporary limited use of a trailer or mobile home may be permitted if the primary residence is destroyed by fire of [or] act of God. Such temporary use requires a special temporary use permit from the planning commission, and such permit shall expire one year after date of issuance.
1.
A single guest house where a property has at least 20 acres and a single primary residence.
D.
Temporary uses:
1.
Contractor's office and equipment sheds or trailers for a period not to exceed 12 months, provided that such office and equipment shall be placed on the property to which it is appurtenant.
2.
All temporary permits of occupancy required for paragraphs [subsections] C. and D.1. [of 1. R-15 restricted residential district of section VIII] shall bear a stamp stating "temporary use."
E.
Off-street parking:
1.
Off-street parking shall be provided in accordance with the provisions of section XI [off-street parking requirements].
2.
Provide off-street parking for all vehicles domiciled or to be domiciled at that location.
2. - R-12 residential district.
[The purpose, permitted uses, conditional uses, temporary uses and off-street parking requirements of the R-12 district are as follows:]
A.
Purpose: It is the intent of this section that the R-12 zoning district be developed and reserved for a slightly higher population density than permitted in the R-15 district. The principal use of land is for single-family dwellings and for related recreational, educational, and religious facilities required to provide an attractive and stable residential area. The regulations for this district are intended to deny any use by commercial, industrial, or other uses which would adversely affect the residential character of the district.
B.
Permitted uses:
1.
One-family dwelling (other than mobile homes and doublewides, which are not permitted).
2.
Home occupations, in strict accordance with the provisions set forth in this section [section VIII].
3.
Noncommercial horticulture or agriculture, but not including the keeping of poultry or livestock.
4.
Accessory uses in compliance with the provisions of this section [section VIII].
5.
Schools.
6.
Churches.
C.
Conditional uses: Temporary limited use of a trailer or mobile home may be permitted if the primary residence is destroyed by fire or act of God. Such temporary use requires a special temporary use permit from the planning commission, and such permit shall expire one year after date of issuance.
D.
Temporary uses:
1.
Contractor's office and equipment sheds or trailers for a period not to exceed 12 months, provided that such office and equipment shall be placed on the property to which it is appurtenant.
2.
All temporary permits of occupancy required for paragraphs [subsections] C. and D.1. [of 2. R-12 residential district of section VIII] shall bear a stamp stating "temporary use."
E.
Off-street parking:
1.
Off-street parking shall be provided in accordance with the provisions of section XI [off-street parking requirements].
2.
Provide off-street parking for all vehicles domiciled or to be domiciled at that location.
3. - R-11 mixed residential zoning district.
A.
Purpose: The purpose of this district is to encourage the creation of residential projects that provide diversity of housing types, price point, housing density, architecture, site layout, amenities, etc. This designation is principally applied to undeveloped areas where design flexibility will not adversely affect existing residential subdivisions. The city's comprehensive plan describes areas best suited for this zoning designation.
B.
[Special exception:] The following uses are allowed by special exception:
1.
Child care center.
2.
Public or private school.
3.
Church.
C.
[Allowable uses:] The following uses are allowed subject to requirements specified for the R-8, R-9, R-10 and R-11 zoning districts:
1.
Single-family detached residential.
2.
Single-family attached residential.
3.
Multi-family residential projects.
4.
Home occupation and accessory uses allowed by the zoning ordinance.
(Ord. No. 23-703, 10-3-2023)
4. - R-10 multi-family residential zoning district.
A.
Purpose: The purpose of this district is to encourage the creation of multi-family residential projects that provide diversity of price point, housing density, architecture, site layout, amenities, etc. This designation is principally applied to undeveloped areas where design flexibility will not adversely affect existing residential subdivisions. The city's comprehensive plan describes areas best suited for this zoning designation.
B.
Special exception: The following uses are allowed by special exception:
1.
Child care center.
2.
Public or private school.
3.
Church.
4.
Multifamily residential projects defined as a building on one property having more than one dwelling unit, designed for residential occupancy. Multifamily residential includes apartments, condominiums and duplexes.
C.
The BZA with recommendation from the PC shall determine the following while reviewing the special exception application and conceptual site plan for the project:
1.
Housing density.
2.
Lot specifications and dimensional requirements including setbacks, etc.
3.
The proposed phasing of the project (shown on the proposed conceptual site plan and carried unchanged through the final submittals).
4.
Each apartment building facade shall be designed to eliminate a monotonous appearance. Each façade shall provide a variety of architectural detail and color. If the proposed project is located in the gateway corridor overlay district, the applicant must apply for certificate of appropriateness approval regarding the exterior building and property design from the board of architectural review.
5.
The maximum building height.
6.
Enclosed storage areas for each unit.
7.
Laundry facilities shall be provided in each unit.
8.
At least ten percent of the residential units shall be designated as affordable housing units. Affordable housing shall be defined per state law requirements
9.
Appropriate amenities shall be provided. The provided amenities shall be a combination of the following or other types allowed by the BZA:
a.
Seating area (at least three benches with pergola).
b.
Community garden (minimum 10,000 square feet).
c.
Fenced dog park with a minimum area of 5,000 square feet.
d.
Public or private golf course.
e.
Canoe and kayak launch, or boat ramp.
f.
Resident clubhouse.
g.
Paved recreational area (minimum 5,000 square feet).
h.
Playground with a minimum area of 5,000 square feet. A fence shall be installed around the perimeter of tot lots. The fence shall be black vinyl coated chain-link or decorative black aluminum. The playground surface shall be durable, light-colored and rubberized or equivalent quality.
i.
Gazebo or other covered shelter (minimum 1,000 square feet) or picnic area with a minimum size of 5,000 feet 2 per area that includes at least two picnic tables and at least one barbecue grill or pit.
j.
Swimming pool and cabana sized to junior Olympic standards (shall be provided for a project with at least 150 residential units) or clubhouse.
D.
If the BZA approves the above-referenced factors for a project, city staff shall be responsible for verifying that the following issues are addressed in the conceptual site plan:
1.
All standard pertinent requirements of the City of York Zoning and Subdivision Ordinances (Appendices A and B of the York City Code).
2.
Off-street parking shall be designed per standard City of York requirements.
3.
The minimum roof pitch for the primary roof sections shall be 6/12 and porch, dormer and accessory shed roofs shall have a minimum roof pitch of 4/12.
4.
Exterior building materials should include glass, cementious siding, brick or brick veneer, stone or stone veneer, stucco, wood or a combination thereof. A minimum of 40 percent of the exterior front façade shall be covered with either brick or stone. Vinyl shall only be used for windows, doors and trim.
5.
Community mailboxes shall be installed per USPS requirements. For each USPS-required community mailbox location, at least four off-street parking spaces shall be provided as well as landscaping, lighting and buffering (type B buffer between the mailboxes, parking, etc. and adjacent residential uses). Based upon approval by USPS, the city desires that community mailboxes be installed in or near central amenity areas that have available parking but are appropriately separated from active pedestrian/playground areas.
6.
Mechanical, garbage/recycling, etc. areas shall be screened using materials that match exterior materials required above.
7.
Open space/tree preservation and protection including:
a.
At least 35 percent of the overall project gross area shall be maintained as open space.
b.
At least one continuous open space area (centrally located as much as possible) shall be provided that has an area totaling at least 20 percent of the overall project gross area. Such open space area shall have a minimum width of 100 feet.
c.
In the designated open space areas, at least 35 percent of the existing tree canopy shall be retained and properly protected during development of the project. To ensure maintenance of tree canopy on the property interior, at least 50 percent of the trees effected by the noted existing tree canopy maintenance requirement shall be located at least 200 feet from the exterior property lines of the project.
8.
All required improvements, amenity areas, etc. shall be specified on the conceptual and final submittals and then installed/constructed prior to certificates of occupancy being issued for the project.
9.
Identification signage shall be provided at trail entrances, open space access points, etc. and be installed prior to final plat approval. Location and depictions of the signage shall be shown on the conceptual and final submittals.
10.
Provide minimum five-foot-wide paved (asphalt) trails and/or natural surface trails to interconnect amenities and open space areas. For each lot in the project, a minimum two linear feet of trails shall be provided in the open space areas.
11.
The amenities, open space buffer, stormwater controls, etc. will be maintained by the conditions, covenants, and restrictions (CCRs) established by the developer and assumed by the property owner.
12.
The streetscaping of exterior streets along the property frontage shall be per standard City of York requirements and the following:
a.
Street trees (use gateway corridor standards as template for tree species). Street trees must be planted at least ten feet from private/public utility lines. Root barrier protection must be installed to prevent root intrusion.
b.
Street lighting (use gateway corridor standards as template)
c.
Sidewalk on along the entire frontage of each existing street
13.
Landscape/buffer/signage per the following:
a.
A type B bufferyard shall be provided where residential units are located back-to-back, directly adjacent to overflow parking lot, stormwater pond, lift station, amenity area, community mailbox center, subdivision signage, trail, etc.
b.
A type B bufferyard shall be provided along perimeter property lines and along adjacent streets, highways, etc. where an existing equivalent buffer does not exist.
c.
A minimum 50 feet wide undisturbed area shall be provided along perimeter property lines and along adjacent streets, highways, etc.
d.
Stormwater retention/detention areas and lift stations shall be located a minimum of 50 feet from the property line of a lot for an individual residential unit.
e.
A minimum 30-foot buffer setback is required for any proposed lots adjacent to bodies of water. All bodies of water shall be protected. A double row of silt fence shall be required when disturbance is proposed within 50 feet of water bodies.
f.
Any proposed project signage, fencing, home occupation or accessory structure shall be in accordance with standard City of York requirements.
g.
Subdivision-identification signage easement(s) must be noted on the conceptual site plan as well as final submittals.
14.
A freestanding subdivision identification sign shall be installed at each subdivision entrance subject to the following conditions:
a.
The sign structure height shall not exceed eight feet.
b.
The sign area shall not exceed 35 square feet.
c.
The sign structure shall be constructed of brick, natural stone or stucco. Aluminum is only allowed for the placard for the subdivision name.
d.
The sign structure shall contain a minimum of two different approved building materials from the following list: brick, natural stone or stucco.
e.
Internal illumination is prohibited but the sign shall be spot lit from the ground.
f.
The minimum setback shall be 20 feet from any street right away or property line and shall meet standard line-of-sight requirements.
g.
Landscaping that complies with city standards shall be installed around the sign.
h.
If located in the local historic district, the sign must be reviewed for approval by the board of architectural review.
i.
If located in the gateway corridor overlay district, city staff may approve the sign design per the above-referenced requirements.
15.
Project-identification signage easement(s) must be noted on the conceptual site plan as well as final submittals.
16.
Project-identification signage shall be provided with decorative landscaping/spot lighting around the signage and a type B buffer between the signage and adjacent housing units.
17.
Project entrances must be provided with landscaping, etc. features that comply with standard landscaping requirements.
18.
If deemed appropriate by the city, a dedicated easement for potential City of York welcome signage shall be provided. The city will be responsible for the actual design and build of the welcome signage.
19.
If applicable, provide complete engineered design for any proposed retaining walls (including guardrails/fencing that meets the building code requirements, trees/landscaping, structural details, drainage, etc.). the design must include a minimum 42-inch tall black vinyl coated chain-link fence (decorative black aluminum fence is acceptable) and decorative trees along the top edge of the wall, retaining wall designs to be provided as part of preliminary plat.
20.
Fire, utility and public works department requirements per the following:
a.
The applicant shall verify with the utilities department that the project can be served by the city utilities system.
b.
The proposed public water and sanitary sewer systems shall be sized according to city requirements and the design drawings shall be submitted with the construction drawings/final submittals.
c.
The proposed water system shall connect to any existing nearby portion of the public water system per city requirements.
d.
All requirements of the City of York Fire, Utility and Public Works Departments shall be met at the conceptual and final submittal stages.
e.
Design and construction of the proposed stormwater system shall be in accordance with City of York/SCDHEC standards and specifications including fencing, landscaping, maintenance, etc. A minimum 42 inches tall black aluminum fence or black-vinyl-coated chain link fencing shall be provided around all stormwater detention facilities. The SCDHEC stormwater permit shall be submitted with the construction drawings/preliminary plat submittal.
21.
Public transportation infrastructure requirements per the following:
a.
Street improvements shall be designed per SCDOT, City of York and pertinent traffic study standards and specifications including street, sidewalk, crosswalk, signage, etc.
b.
At the final plat stage, the method(s) must be identified for ensuring that all required public infrastructure improvements are installed, maintained and properly warrantied.
c.
As deemed necessary by the city, dedicated street, utility, and other rights-of-way for stub streets and utility lines shall be provided to adjacent property lines.
d.
The proposed project name must be approved by the York County Emergency Preparedness 911 at the preliminary plat stage. The applicant will provide written verification of York County approval with the preliminary plat submittal.
22.
Vested rights shall be per standard city requirements.
(Ord. No. 23-703, 10-3-2023)
5. - R-9 single-family attached residential zoning district.
A.
Purpose: The purpose of this district is to encourage the creation of single-family attached residential subdivisions that provide diversity of price point, housing density, architecture, site layout, amenities, etc. This designation is principally applied to undeveloped areas where design flexibility will not adversely affect existing residential subdivisions. The city's comprehensive plan describes areas best suited for this zoning designation.
B.
[Special exception:] The following uses are allowed by special exception:
1.
Child care center.
2.
Public or private school.
3.
Church.
C.
[Conditional uses:] The following uses are conditionally allowed subject to requirements specified for this district:
1.
Attached single-family residential units on individual lots.
2.
Home occupations allowed by the zoning ordinance.
D.
In addition to all standard pertinent requirements of the City of York Zoning and Subdivision Ordinances (Appendices A and B of the York City Code), the following requirements shall be met for all proposed residential subdivisions:
1.
Density:
a.
The maximum housing density shall be six units per gross acre.
2.
Lot specifications and dimensional requirements:
a.
The minimum setbacks shall be as follows (from the street right-of-way or property line):
1)
Twenty feet on front
2)
Eight feet on sides (12 feet where adjacent to a street)
3)
Eighteen feet on rear
b.
The minimum lot width at the setback line shall be 20 feet.
c.
The minimum lot size shall be 1,800 square feet.
d.
A maximum of 25 percent of the overall number of lots may be of the back-to-back variety.
3.
Phasing:
a.
The phasing of the project shall be shown on the proposed conceptual site plan, and once approved by the city, carried unchanged through the preliminary and final plat submittals. Proposed phasing changes shall be handled through the standard amendment process.
4.
Architectural:
a.
Facade design:
1)
Exterior building materials may include glass, cementious siding, brick or brick veneer, stone or stone veneer, stucco, wood or a combination thereof. A minimum of 40 percent of the exterior front façade shall be covered with either brick or stone. Vinyl shall be only be used for windows, doors, and trim.
2)
At least 15 percent of the residential units shall have a minimum of 80 percent of the exterior front façade covered with either brick or stone and at least one unit per building shall meet this requirement.
3)
No same two models of home shall be located directly adjacent to each other or located directly across the street from each other.
4)
A variety of color patterns shall be provided such that no two homes directly adjacent to each other are of the same color.
5)
The minimum roof pitch for the primary roof sections shall be 6/12 and porch, dormer and accessory shed roofs shall have a minimum roof pitch of 4/12.
6)
Where the side of a residence will be visible due to facing a road (as with a corner lot), common space, a neighborhood amenity area, or another reason, the side façade must include at least two windows of standard egress size (e.g., 48 inches by 20 inches) with trim that is at least 3.5 inches, and one of the following: 1. Wrap-around porch or side porch that is at least 48 square feet on the side façade; and/or 2. Substantial façade line changes, such as varying number of stories, dormers, architectural additions, bay windows, roof styles and chimneys.
7)
The maximum building height shall be 35 feet.
b.
Heated area: The minimum heated square footage for each home shall be no less than 1,200 square feet.
c.
Design flexibility:
1)
A minimum of five percent of the total number of lots (up to a maximum of 20 lots) shall be provided that meet the following specifications:
2)
Minimum heated square footage of 1,000 square feet.
3)
Exterior building materials may include glass, cementious siding, brick or brick veneer, stone or stone veneer, stucco, wood or a combination thereof. A minimum of 20 percent of the exterior front facade shall be covered with either brick or stone. Vinyl shall only be used for windows, doors and trim.
d.
Front porches: At least 50 percent of the dwellings must include a front porch with a minimum depth of six feet and a minimum width of eight feet. The conceptual, preliminary and final plat submittals shall include designations for each lot with such front porches.
e.
Garages:
1)
Front-facing garage doors shall be provided with windows and carriage style hardware.
2)
At least 25 percent of the overall number of lots in the project shall be identified as lots for rear-loaded garages (and labeled as such on the conceptual, preliminary and final submittals).
f.
Parking: Off-street parking shall be designed per standard City of York requirements.
g.
Community mailboxes: Community mailboxes shall be installed per USPS requirements. For each USPS-required community mailbox location, at least four off-street parking spaces shall be provided as well as landscaping, lighting and buffering (type B buffer between the mailboxes, parking, etc. and adjacent houses). Based upon approval by USPS, the city desires that community mailboxes be installed in or near central amenity areas that have available parking but are appropriately separated from active pedestrian/playground areas.
h.
Open space/tree preservation and protection:
1)
At least 35 percent of the overall project gross area shall be maintained as open space.
2)
At least one continuous open space area (centrally located as much as possible) shall be provided that has an area totaling at least 20 percent of the overall project gross area. Such open space area shall have a minimum width of 100 feet. At least 50 percent of the total number of housing units shall share a property line with or be directly across the street from said open space area.
3)
In the designated open space areas, at least 35 percent of the existing tree canopy shall be retained and properly protected during development of the project. To ensure maintenance of tree canopy on the property interior, at least 50 percent of the trees effected by the noted existing tree canopy maintenance requirement shall be located at least 200 feet from the exterior property lines of the project.
i.
Amenities:
1)
Amenities shall meet the facade design requirements specified above.
2)
For the first 50 lots and for each subsequent additional 50 lots (or fraction thereof), a subdivision shall be provided with at least two of the following amenities (seating areas can be counted only twice in the required amenity count):
a)
For the first 50 residential units:
i.
Playground with a minimum area of 5,000 square feet or gazebo or other covered shelter (minimum 1,000 square feet) and picnic area with a minimum size of 5,000 feet 2 per area that includes at least two picnic tables and at least one barbecue grill or pit. A fence shall be installed around the perimeter of tot lots. The fence shall be vinyl, vinyl coated chain-link or decorative black aluminum (and be compliant with applicable requirements of the neighborhood association). The playground surface shall be durable, light-colored and rubberized or equivalent quality; plus
ii.
One of the options listed below
b)
For the next 50 residential units (or fraction thereof):
i.
Playground with a minimum area of 5,000 square feet or gazebo or other covered shelter (minimum 1,000 square feet) or picnic area with a minimum size of 5,000 feet 2 per area that includes at least two picnic tables and at least one barbecue grill or pit. A fence shall be installed around the perimeter of tot lots. The fence shall be vinyl, vinyl coated chain-link or decorative black aluminum (and be compliant with applicable requirements of the neighborhood association). The playground surface shall be durable, light-colored and rubberized or equivalent quality; plus
ii.
One of the options listed below
c)
For the next 50 residential units (or fraction thereof):
i.
Playground with a minimum area of 5,000 square feet or gazebo or other covered shelter (minimum 1,000 square feet) or picnic area with a minimum size of 5,000 feet 2 per area that includes at least two picnic tables and at least one barbecue grill or pit. A fence shall be installed around the perimeter of tot lots. The fence shall be vinyl, vinyl coated chain-link or decorative black aluminum (and be compliant with applicable requirements of the neighborhood association). The playground surface shall be durable, light-colored and rubberized or equivalent quality; or
ii.
Swimming pool and cabana sized to junior Olympic standards (shall be provided for a project with at least 150 residential units) or clubhouse, plus.
iii.
One of the options listed below.
d)
For each additional 50 residential units (or fraction thereof), two of the options listed below shall be implemented:
Options:
i.
Seating area (at least three benches with pergola).
ii.
Community garden (minimum 10,000 square feet).
iii.
Fenced dog park with a minimum area of 5,000 square feet.
iv.
Public or private golf course.
v.
Canoe and kayak launch, or boat ramp.
vi.
Resident clubhouse.
vii.
Paved recreational area (minimum 5,000 square feet).
viii.
Playground with a minimum area of 5,000 square feet.
ix.
Gazebo or other covered shelter (minimum 1,000 square feet) or picnic area with a minimum size of 5,000 feet 2 per area that includes at least two picnic tables and at least one barbecue grill or pit.
x.
Swimming pool and cabana sized to junior Olympic standards (shall be provided for a project with at least 150 residential units) or clubhouse.
j.
Improved amenity areas shall be specified on the conceptual, preliminary and final submittals and then installed or approved surety provided prior to final plat approval.
k.
All amenities must be:
1)
Constructed prior to approval/recordation of phase 1 or the amenities must be bonded at 150 percent of the estimated construction value (as provided by SC-licensed professional engineer), and
2)
Built prior to approval/recordation of phase 2.
l.
Identification signage shall be provided at trail entrances, open space access points, etc. and be installed prior to final plat approval. Location and depictions of the signage shall be shown on the conceptual, preliminary and final submittals.
m.
Provide minimum five-foot-wide paved (asphalt) trails and/or natural surface trails to interconnect amenities and open space areas. For each unit in the project, a minimum three linear feet of trails shall be provided in the open space areas.
n.
The amenities, open space buffer, stormwater controls, etc. will be maintained by the conditions, covenants, and restrictions (CCRs) established by the developer and assumed by the homeowner's association (HOA).
o.
At the final plat stage, the method(s) must be identified for ensuring that all required improvements are installed and maintained. Deed restrictions, etc. must be submitted for city review at the final plat stage (and ultimately recorded).
5.
Streetscape:
a.
The streetscaping of interior streets and exterior streets along the property frontage shall be per standard City of York requirements and the following:
b.
Street trees (use gateway corridor standards as template for tree species for exterior streets). Street trees must be planted at least ten feet from private/public utility lines. Root barrier protection must be installed to prevent root intrusion.
1)
Street lighting (use gateway corridor standards as template for exterior streets)
2)
Sidewalk on each side of each new street
6.
Landscape/buffer/signage:
a.
A type B bufferyard shall be provided where residential lots are located back-to-back, back directly adjacent to another lot or are directly adjacent to overflow parking lot, stormwater pond, lift station, amenity area, community mailbox center, subdivision signage, trail, etc. Trees shall be planted along the shared property lines or in the common space area, if applicable.
b.
A type B bufferyard shall be provided along perimeter property lines and along adjacent streets, highways, etc. where an existing equivalent buffer does not exist.
c.
A minimum 50 feet wide undisturbed area shall be provided along perimeter property lines and along adjacent streets, highways, etc.
d.
Stormwater retention/detention areas and lift stations shall be located a minimum of 50 feet from the property line of a lot for an individual residential unit.
e.
A minimum 30-foot buffer setback is required for any proposed lots adjacent to bodies of water. All bodies of water shall be protected. A double row of silt fence shall be required when disturbance is proposed within 50 feet of water bodies.
f.
Any proposed subdivision signage, fencing, home occupation or accessory structure shall be in accordance with standard City of York requirements.
g.
Subdivision-identification signage easement(s) must be noted on the conceptual site plan as well as preliminary and final plat submittals.
h.
A freestanding subdivision identification sign may be installed at each subdivision entrance subject to the following conditions:
1)
The sign structure height shall not exceed eight feet.
2)
The sign area shall not exceed 35 square feet.
3)
The sign structure shall be constructed of brick, natural stone or stucco. Aluminum is only allowed for the placard for the subdivision name.
4)
The sign structure shall contain a minimum of two different approved building materials from the following list: brick, natural stone or stucco.
5)
Internal illumination is prohibited but the sign may be spot lit from the ground.
6)
The minimum setback shall be 20 feet from any street right away or property line and shall meet standard line-of-sight requirements.
7)
Landscaping that complies with city standards shall be installed around the sign.
8)
If located in the local historic district, the sign must be reviewed for approval by the board of architectural review.
9)
If located in the gateway corridor overlay district, city staff may approve the sign design per the above-referenced requirements.
i.
Subdivision entrances must be provided with landscaping that complies with type B buffer requirements (not the general type B buffer requirements from the zoning ordinance) as prescribed by the gateway corridor overlay district standards.
j.
Subdivision-identification signage shall be provided with decorative landscaping/spot lighting around the signage and a type B buffer between the signage and adjacent houses.
k.
Subdivision entrances must be provided with landscaping, etc. features that comply with standard landscaping requirements.
l.
If deemed appropriate by the city, a dedicated easement for potential City of York welcome signage shall be provided. The city will be responsible for the actual design and build of the welcome signage.
m.
If applicable, provide complete engineered design for any proposed retaining walls (including guardrails/fencing that meets the building code requirements, trees/landscaping, structural details, drainage, etc.). The design must include a minimum 42-inch tall black vinyl coated chain-link fence (decorative black aluminum fence is acceptable) and decorative trees along the top edge of the wall. Retaining wall designs to be provided as part of preliminary plat.
7.
Fire, utility, and public works department requirements:
a.
The applicant shall verify with the utilities department that the project can be served by the city utilities system.
b.
The proposed public water and sanitary sewer systems shall be sized according to city requirements and the design drawings shall be submitted with the construction drawings/preliminary plat/final submittals.
c.
The proposed water system shall connect to any existing nearby portion of the public water system per city requirements.
d.
All requirements of the City of York Fire, Utility and Public Works Departments shall be met at the preliminary and final plat stages.
e.
Design and construction of the proposed stormwater system shall be in accordance with City of York/SCDHEC standards and specifications including fencing, landscaping, maintenance, etc. A minimum 42 inches tall black aluminum fence or black-vinyl-coated chain link fencing shall be provided around all stormwater retention/detention facilities. The SCDHEC stormwater permit shall be submitted with the construction drawings/preliminary plat submittal.
8.
Public transportation infrastructure requirements:
a.
Street improvements shall be designed per SCDOT, City of York and pertinent traffic study standards and specifications including street, sidewalk, crosswalk, signage, speed-limiting devices, etc.
b.
The minimum number of street entrances to the subdivision shall be based on requirements specified in the zoning ordinance as well as fire department requirements.
c.
All streets shall be publicly dedicated for maintenance and acceptance by the City of York, subject to the city's warranty and acceptance policies.
d.
At the final plat stage, the method(s) must be identified for ensuring that all required public infrastructure improvements are installed, maintained and properly warrantied.
e.
As deemed necessary by the city, dedicated street, utility, and other rights-of-way for stub streets and utility lines shall be provided to adjacent property lines.
f.
Dead-end streets shall not exceed more than 150 feet (nearest road intersection to end of pavement) without an approved temporary turnaround unless otherwise approved by the City of York and such streets shall be designed per standard City of York requirements.
g.
A 26-foot paved street width with two-foot valley curb shall be provided for dead-end streets (cul-de-sacs or stub streets) exceeding 500 feet in length. The dead-end street shall be measured from the intersection of nearest street to the center of the cul-de-sac or end of paved stub street. Street stubs must provide emergency vehicle turnaround (if no cul-de-sac is proposed).
h.
If buildings exceed 30 feet in height, streets shall be increased to 26 feet clear width (excluding curbing) per international fire code requirements.
i.
The proposed subdivision name and street names must be approved by the York County Emergency Preparedness 911 at the preliminary plat stage. The applicant will provide written verification of York County approval with the preliminary plat submittal.
9.
Vested rights: Vested rights to the project shall expire if any of the following occurs:
a.
If a preliminary plat is not approved within two years of special exception approval, or
b.
If the time period between preliminary and final plat approvals exceed 2 years, or
c.
If any portion of the approved conceptual site plan is not given final plat approval within five years of special exception approval.
(Ord. No. 23-703, 10-3-2023)
6. - R-8 single-family detached residential zoning district.
A.
Purpose: The purpose of this district is to encourage the creation of single-family detached residential subdivisions that provide diversity of price point, housing density, architecture, site layout, amenities, etc. This designation is principally applied to undeveloped areas where design flexibility will not adversely affect existing residential subdivisions. The city's comprehensive plan describes areas best suited for this zoning designation.
B.
[Special exception:] The following uses are allowed by special exception:
1.
Child care center.
2.
Public or private school.
3.
Church.
C.
[Conditional uses:] The following uses are conditionally allowed subject to requirements specified for this district:
1.
Detached single-family residential units on individual lots.
2.
Home occupation and accessory uses allowed for detached single-family residential units as prescribed by the zoning ordinance.
D.
In addition to all standard pertinent requirements of the City of York Zoning and Subdivision Ordinances (Appendices A and B of the York City Code), the following requirements shall be met for all proposed residential subdivisions:
1.
Density:
a.
The maximum housing density shall be 2.5 units per gross acre.
2.
Lot specifications and dimensional requirements:
a.
The minimum setbacks shall be as follows (from the street right-of-way or property line):
1)
Twenty feet on front.
2)
Eight feet on sides (ten feet where adjacent to a street).
3)
Twenty feet on rear.
b.
The minimum lot width at the setback line shall be 40 feet. A maximum of 20 percent of the total number of lots may have this minimum lot width. At least 50 percent of the "40"-foot lots must be dispersed throughout the overall project (no more than two contiguous "40"-foot lots).
c.
At least 30 percent, 60 percent and 80 percent of the overall number of lots shall have a minimum lot width at the setback line of 60 feet, 55 feet and 50 feet, respectively.
d.
At least ten percent of the overall number of lots in the project shall have a minimum lot width of 75 feet (at least 50 percent of such lots shall not be of the corner variety and must be clustered together).
e.
The minimum lot size shall be 4,500 square feet. At least 30 percent and 60 percent of the lots shall have a minimum lot area of 8,000 square feet and 6,000 square feet, respectively
f.
At least ten percent of the overall number of lots in the project shall have a minimum lot area of 10,000 square feet. At least 50 percent of such lots shall not be of the corner variety and must be clustered together.
g.
A maximum of 25 percent of the overall number of lots may be of the back-to-back variety.
3.
Phasing:
a.
The phasing of the project shall be shown on the proposed conceptual site plan, and once approved by the city, carried unchanged through the preliminary and final plat submittals. Proposed phasing changes shall be handled through the standard amendment process.
4.
Architectural:
a.
Facade design:
1)
Exterior building materials may include glass, cementitious siding, brick or brick veneer, stone or stone veneer, stucco, wood or a combination thereof. A minimum of 40 percent of the exterior front façade shall be covered with either brick or stone. Vinyl shall only be used for windows, doors and trim.
2)
No same two models of home shall be located directly adjacent to each other or located directly across the street from each other.
3)
A variety of color patterns shall be provided such that no two homes directly adjacent to each other are of the same color.
4)
The minimum roof pitch for the primary roof sections shall be 6/12 and porch, dormer and accessory shed roofs shall have a minimum roof pitch of 4/12.
5)
Where the side of a residence will be visible due to facing a road (as with a corner lot), common space, a neighborhood amenity area, or another reason, the side façade must include at least two windows of standard egress size (e.g., 48 inches by 20 inches) with trim that is at least 3.5 inches, and one of the following: 1. Wrap-around porch or side porch that is at least 48 square feet on the side façade; and/or 2. Substantial façade line changes, such as varying number of stories, dormers, architectural additions, bay windows, roof styles and chimneys.
6)
The maximum building height shall be 35 feet.
7)
At least ten percent of the total number of lots must have single story houses.
8)
At least ten percent of the multi-story houses shall have bedroom(s) on the first floor.
b.
Heated area: The minimum heated square footage for each home shall be no less than 1,600 square feet for one-story homes and no less than 2,000 square feet for two-story homes.
c.
Design flexibility:
1)
A minimum of five percent of the total number of lots (up to a maximum of 20 lots) shall be provided that meet the following specifications:
a)
Minimum heated square footage of 1,000 square feet for one-story homes and no less than 1,200 square feet for two-story homes.
b)
Exterior building materials may include glass, cementious siding, brick or brick veneer, stone or stone veneer, stucco, wood or a combination thereof. A minimum of 20 percent of the exterior front façade shall be covered with either brick or stone. Vinyl shall only be used for windows, doors and trim.
d.
Front porches: At least 50 percent of the dwellings must include a front porch with a minimum depth of six feet and a minimum width of eight feet. The conceptual, preliminary and final plat submittals shall include designations for each lot with such front porches.
e.
Garages:
1)
Front-facing garage doors shall be provided with windows and carriage style hardware.
2)
At least 20 percent of the houses in a development phase must have garages that are located at least 18 feet behind the front façade, or side-loaded or rear-loaded garages. The conceptual, preliminary and final plat submittals shall include designations for each lot with such architectural requirements.
3)
Attached side-facing garages must have architectural details and/or windows that mimic the features of the living portion of the dwelling on the side of the garage facing the street.
4)
At least ten percent of the overall number of lots in the project shall be identified as lots for side-loaded garages (and labeled as such on the conceptual, preliminary and final submittals).
5)
At least ten percent of the overall number of lots in the project shall be identified as lots for rear-loaded garages (and labeled as such on the conceptual, preliminary and final submittals).
5.
Parking: Off-street parking shall be designed per standard City of York requirements.
6.
Community mailboxes: Community mailboxes shall be installed per USPS requirements. For each USPS-required community mailbox location, at least four off-street parking spaces shall be provided as well as landscaping, lighting and buffering (type B buffer between the mailboxes, parking, etc. and adjacent houses). Based upon approval by USPS, the city desires that community mailboxes be installed in or near central amenity areas that have available parking but are appropriately separated from active pedestrian/playground areas.
7.
Open space/tree preservation and protection:
a.
At least 35 percent of the overall project gross area shall be maintained as open space.
b.
At least one continuous open space area (centrally located as much as possible) shall be provided that has an area totaling at least 20 percent of the overall project gross area. Such open space area shall have a minimum width of 100 feet. At least 50 percent of the total number of housing units shall share a property line with or be directly across the street from said open space area.
c.
In the designated open space areas, at least 35 percent of the existing tree canopy shall be retained and properly protected during development of the project. To ensure maintenance of tree canopy on the property interior, at least 50 percent of the trees effected by the noted existing tree canopy maintenance requirement shall be located at least 200 feet from the exterior property lines of the project. A landscape architect is required to provide a written analysis verifying the integrity and long-term vitality of tree-save areas.
8.
Amenities:
a.
Amenities shall meet the facade design requirements specified above.
b.
For the first 50 lots and for each subsequent additional 50 lots (or fraction thereof), a subdivision shall be provided with at least two of the following amenities (seating areas can be counted only twice in the required amenity count):
1)
For the first 50 residential units:
a)
Playground with a minimum area of 2,500 square feet or gazebo or other covered shelter (minimum 1,000 square feet) and picnic area with a minimum size of 2,500 feet 2 per area that includes at least two picnic tables and at least one barbecue grill or pit. A fence shall be installed around the perimeter of tot lots. The fence shall be vinyl, vinyl coated chain-link or decorative black aluminum (and be compliant with applicable requirements of the neighborhood association). The playground surface shall be durable, light-colored and rubberized or equivalent quality; plus
b)
One of the options listed below
2)
For the next 50 residential units (or fraction thereof):
a)
Playground with a minimum area of 2,500 square feet or gazebo or other covered shelter (minimum 1,000 square feet) and picnic area with a minimum size of 2,500 feet 2 per area that includes at least two picnic tables and at least one barbecue grill or pit. A fence shall be installed around the perimeter of tot lots. The fence shall be vinyl, vinyl coated chain-link or decorative black aluminum (and be compliant with applicable requirements of the neighborhood association). The playground surface shall be durable, light-colored and rubberized or equivalent quality; plus
b)
One of the options listed below
3)
For the next 50 residential units (or fraction thereof):
a)
Playground with a minimum area of 2500 square feet or gazebo or other covered shelter (minimum 1,000 square feet) and picnic area with a minimum size of 2,500 feet 2 per area that includes at least two picnic tables and at least one barbecue grill or pit. A fence shall be installed around the perimeter of tot lots. The fence shall be vinyl, vinyl coated chain-link or decorative black aluminum (and be compliant with applicable requirements of the neighborhood association). The playground surface shall be durable, light-colored and rubberized or equivalent quality; or
b)
Swimming pool and cabana sized to comply with NRPA standards (shall be provided for a project with at least 150 residential units) or clubhouse; plus
c)
One of the options listed below.
4)
For each additional 50 residential units (or fraction thereof), two of the options listed below shall be implemented:
Options:
a)
Seating area (at least three benches with pergola).
b)
Community garden (minimum 10,000 square feet).
c)
Fenced dog park with a minimum area of 5,000 square feet.
d)
Public or private golf course.
e)
Canoe and kayak launch, or boat ramp.
f)
Resident clubhouse.
g)
Paved recreational area (minimum 5,000 square feet).
h)
Playground with a minimum area of 5,000 square feet.
i)
Gazebo or other covered shelter (minimum 1,000 square feet) or picnic area with a minimum size of 5,000 feet 2 per area that includes at least two picnic tables and at least one barbecue grill or pit.
j)
Swimming pool and cabana sized to junior Olympic standards (shall be provided for a project with at least 150 residential units) or clubhouse.
c.
Improved amenity areas shall be specified on the conceptual, preliminary and final submittals and then installed or approved surety provided prior to final plat approval.
d.
All amenities must be:
1)
Constructed prior to approval/recordation of phase 1 or the amenities must be bonded at 150 percent of the estimated construction value (as provided by SC-licensed professional engineer), and
2)
Built prior to approval/recordation of phase 2.
e.
Identification signage shall be provided at trail entrances, open space access points, etc. and be installed prior to final plat approval. Location and depictions of the signage shall be shown on the conceptual, preliminary and final submittals.
f.
Provide minimum five-foot-wide paved (asphalt) trails and/or natural surface trails to interconnect amenities and open space areas. For each lot in the project, a minimum ten linear feet of trails shall be provided in the open space areas.
g.
The amenities, open space buffer, stormwater controls, etc. will be maintained by the conditions, covenants, and restrictions (CCRs) established by the developer and assumed by the homeowner's association (HOA).
h.
The HOA shall ensure that no more than ten percent of the total units are rental at any given time.
i.
At the final plat stage, the method(s) must be identified for ensuring that all required improvements are installed and maintained. Deed restrictions, etc. must be submitted for city review at the final plat stage (and ultimately recorded).
9.
Streetscape:
a.
The streetscaping of interior streets and exterior streets along the property frontage shall be per standard City of York requirements and the following:
1)
Street trees (use gateway corridor standards as template for tree species for exterior streets). Street trees must be planted at least ten feet from private/public utility lines. Root barrier protection must be installed to prevent root intrusion.
2)
Street lighting (use gateway corridor standards as template for exterior streets)
3)
Sidewalk on each side of each new street and along the street frontage of exterior streets
10.
Landscape/buffer/signage:
a.
A type B bufferyard shall be provided where residential lots are located back-to-back, back directly adjacent to another lot or are directly adjacent to overflow parking lot, stormwater pond, lift station, amenity area, community mailbox center, subdivision signage, trail, etc. Trees shall be planted along the shared property lines or in the common space area, if applicable.
b.
A type B bufferyard shall be provided along perimeter property lines and along adjacent streets, highways, etc. where an existing equivalent buffer does not exist.
c.
A minimum 50 feet wide undisturbed area shall be provided along perimeter property lines and along adjacent streets, highways, etc.
d.
Stormwater retention/detention areas and lift stations shall be located a minimum of 50 feet from the property line of a lot for an individual residential unit.
e.
A minimum 30-foot buffer setback is required for any proposed lots adjacent to bodies of water. All bodies of water shall be protected. A double row of silt fence shall be required when disturbance is proposed within 50 feet of water bodies.
f.
Any proposed subdivision signage, fencing, home occupation or accessory structure shall be in accordance with standard City of York requirements.
g.
Subdivision-identification signage easement(s) must be noted on the conceptual site plan as well as preliminary and final plat submittals.
h.
A freestanding subdivision identification sign shall be installed at each subdivision entrance subject to the following conditions:
1)
The sign structure height shall not exceed eight feet.
2)
The sign area shall not exceed 35 square feet.
3)
The sign structure shall be constructed of brick, natural stone or stucco. Aluminum is only allowed for the placard for the subdivision name.
4)
The sign structure shall contain a minimum of two different approved building materials from the following list: brick, natural stone or stucco.
5)
Internal illumination is prohibited but the sign shall be spot lit from the ground.
6)
The minimum setback shall be 20 feet from any street right away or property line and shall meet standard line-of-sight requirements.
7)
Landscaping that complies with city standards shall be installed around the sign.
8)
If located in the local historic district, the sign must be reviewed for approval by the board of architectural review.
9)
If located in the gateway corridor overlay district, city staff may approve the sign design per the above-referenced requirements.
i.
Subdivision entrances must be provided with landscaping that complies with type B buffer requirements (not the general type B buffer requirements from the zoning ordinance) as prescribed by the gateway corridor overlay district standards.
j.
If deemed appropriate by the city, a dedicated easement for potential City of York welcome signage shall be provided. The city will be responsible for the actual design and build of the welcome signage.
k.
If applicable, provide complete engineered design for any proposed retaining walls (including guardrails/fencing that meets the building code requirements, trees/landscaping, structural details, drainage, etc.). The design must include a minimum 42-inch tall black vinyl coated chain-link fence (decorative black aluminum fence is acceptable) and decorative trees along the top edge of the wall. Retaining wall designs to be provided as part of preliminary plat.
11.
Fire, utility and public works department requirements:
a.
The applicant shall verify with the utilities department that the project can be served by the city utilities system.
b.
The proposed public water and sanitary sewer systems shall be sized according to city requirements and the design drawings shall be submitted with the construction drawings/preliminary plat/final submittals.
c.
The proposed water system shall connect to any existing nearby portion of the public water system per city requirements.
d.
All requirements of the City of York Fire, Utility and Public Works Departments shall be met at the preliminary and final plat stages.
e.
Design and construction of the proposed stormwater system shall be in accordance with City of York/SCDHEC standards and specifications including fencing, landscaping, maintenance, etc. A minimum 42 inches tall black aluminum fence or black-vinyl-coated chain link fencing shall be provided around all stormwater retention/detention facilities. The SCDHEC stormwater permit shall be submitted with the construction drawings/preliminary plat submittal.
12.
Public transportation infrastructure requirements:
a.
Street improvements shall be designed per SCDOT, City of York and pertinent traffic study standards and specifications including street, sidewalk, crosswalk, signage, speed-limiting devices, etc.
b.
The minimum number of street entrances to the subdivision shall be based on requirements specified in the zoning ordinance as well as fire department requirements.
c.
All streets shall be publicly dedicated for maintenance and acceptance by the City of York, subject to the city's warranty and acceptance policies.
d.
At the final plat stage, the method(s) must be identified for ensuring that all required public infrastructure improvements are installed, maintained and properly warrantied.
e.
As deemed necessary by the city, dedicated street, utility, and other rights-of-way for stub streets and utility lines shall be provided to adjacent property lines.
f.
Dead-end streets shall not exceed more than 150 feet (nearest road intersection to end of pavement) without an approved temporary turnaround unless otherwise approved by the City of York and such streets shall be designed per standard City of York requirements.
g.
A 26-foot paved street width with two-foot valley curb shall be provided for dead-end streets (cul-de-sacs or stub streets) exceeding 500-ft in length. The dead-end street shall be measured from the intersection of nearest street to the center of the cul-de-sac or end of paved stub street. Street stubs must provide emergency vehicle turnaround (if no cul-de-sac is proposed).
h.
If buildings exceed 30 feet in height, streets shall be increased to 26 feet clear width (excluding curbing) per international fire code requirements.
i.
The proposed subdivision name and street names must be approved by the York County Emergency Preparedness 911 at the preliminary plat stage. The applicant will provide written verification of York County approval with the preliminary plat submittal.
13.
Vested rights:
a.
Vested rights to the project shall expire if any of the following occurs:
1)
If a preliminary plat is not approved within two years of special exception approval, or
2)
If the time period between preliminary and final plat approvals exceed two years, or
3)
If any portion of the approved conceptual site plan is not given final plat approval within five years of special exception approval.
(Ord. No. 23-703, 10-3-2023)
7. - R-7 residential district.
[The purpose, permitted uses, conditional uses, and off-street parking requirements of the R-7 district are as follows:]
A.
Purpose: It is the intent of this section that the R-7 zoning districts be developed and reserved for a slightly higher population density than permitted in [the] R-15 district. The principal use of land is for single-family and two-family dwellings and for related recreational, educational, and religious facilities required to provide an attractive and stable residential area. The regulations for this district are intended to deny any use by commercial or industrial facilities which would adversely affect the residential character of the district.
B.
Permitted uses:
1.
Any use permitted in the R-15 residential district.
2.
Cluster housing in accordance with the provision set forth in this section [section VIII].
3.
Boarding or tourist houses.
4.
Cemeteries.
5.
Family day care home.
6.
Duplex.
C.
Conditional uses:
1.
Temporary limited use of a trailer or mobile home may be permitted if the primary residence is destroyed by fire or act of God. Such temporary use requires a special temporary use permit from the planning commission, and such permit shall expire one year after date of issuance.
2.
Private kindergarten or preschool nursery provided that plans for such facilities receive the written approval of the state department of social services and the city planning commission.
D.
Special exception: Cluster housing in accordance with the provisions set forth in the zoning ordinance.
E.
Temporary uses: Contractor's office and equipment sheds or trailers for a period not to exceed 12 months, provided that such office and equipment shall be placed on the property to which it is appurtenant.
F.
Dimensional requirements: See section X. Note: Each property that has received final plat approval by the city between January 1, 1998 and December 7, 2004 shall be exempt from the current minimum lot size and frontage requirements. In such situations, the minimum lot size and frontage requirements in place at the time of final plat approval shall govern. Such exemption shall expire ten years from the date of final plat approval for each development or on December 31, 2009, whichever is later.
G.
Off-street parking: Off-street parking shall be provided for all vehicles domiciled at the location (at a minimum, the parking provisions of section XI shall be met).
(Ord. No. 04-418, 12-7-2004; Ord. No. 23-703, 10-3-2023)
8. - R-7MH residential, mobile home district.
[The purpose, permitted uses, and off-street parking requirements of the R-7MH district are as follows:]
A.
Purpose: It is the intent of this section [section VIII] that the R-7MH zoning districts be developed and reserved for the same uses as [the] R-7 residential [district] with the addition of mobile homes on individual lots.
B.
Permitted uses:
1.
Any use permitted in the R-7 residential district.
2.
Mobile homes on individual lots, provided:
a.
Such uses shall be occupied as permanent residences.
b.
No more than one mobile home shall occupy a lot.
c.
The wheels for transporting such uses shall be removed.
d.
Such uses shall be placed on a permanent brick, permanent block, or other concrete reinforced foundation and shall be underpinned with brick, concrete block, or continuous aluminum or fiberglass skirting extending to the ground around the perimeter of the dwelling, and shall be anchored on at least each corner by steel cables or straps to serve against accidental movement.
e.
No such use shall be less than 14 feet wide by 50 feet long.
C.
Off-street parking: Off-street parking shall be provided in accordance with the provisions of section XI [off-street parking requirements].
(Ord. No. 23-703, 10-3-2023)
9. - R-5 multifamily residential district.
A.
Purpose. The purpose of this district is to permit a variety of residential and related uses and variable densities in certain areas of the city deemed suited to and with market potential for such uses. This designation is applied principally to undeveloped areas where unit and density flexibility will not adversely affect existing residential subdivisions and where the housing market can be sufficiently broad and flexible to meet the various demands for housing.
B.
Design/usage requirements:
1.
The R-5 zoning designation shall not be used in future rezoning applications.
2.
Projects in a R-5 zoning district that were previously approved and have active vested rights shall be governed by the previously-approved project design and specifications.
C.
Uses allowed by special exception: Vacant property with a R-5 zoning designation shall be developed in accordance with special exception requirements. The applicant shall choose R-8, R-9, R-10 or R-11 zoning district requirements to design the conceptual site plan for the special exception application.
D.
Application review: The planning commission shall review and make a recommendation to the board of zoning appeals regarding each such special exception application. In making a recommendation and decision on each such application, the planning commission and board of zoning appeals shall consider residential requirements listed above and special exception requirements as well as any other material deemed pertinent by the city.
(Ord. No. 04-418, 12-7-2004; Ord. No. 05-434, 1-3-2006; Ord. No. 20-615, 3-3-2020; Ord. No. 23-703, 10-3-2023)
10. - MH mobile home park district.
[The purpose, permitted uses, definitions, plan approval, parking and other requirements of the MH district are as follows:]
A.
Purpose: The intent of the MH mobile home district is to provide a residential environment sufficient to meet the needs unique to inhabitants living in mobile homes, to protect mobile home parks from encroachment by incompatible uses, and to encourage the consolidation of mobile homes into mobile home parks. Any mobile home park within the city limits of the City of York or within additional areas under the jurisdiction of the York Planning Commission shall henceforth be located in conformity with the regulations set forth herein.
B.
Permitted uses:
1.
Mobile homes.
2.
Mobile home service buildings and areas providing laundry, sanitation, and managerial facilities.
3.
Recreation buildings and areas serving only the mobile home district in which they are located.
4.
Customary accessory buildings and facilities.
C.
Definitions:
Mobile home. Any vehicle or similar portable structure having a metal frame, built to U.S. Department of Housing and Urban Development code specifications, and so designed and constructed as to permit single-family occupancy for dwelling or sleeping purposes. The term "mobile home" includes the term "house trailer" and shall include structures which have been converted from a portable unit to a semistationary or stationary structure.
Mobile home park. Premises designed to provide for mobile homes parked on a single lot and used for living or sleeping purposes, or where spaces are set aside or offered for sale or rent for use by mobile homes for living or sleeping purposes, including any land, building, structure or facility used by occupants of mobile homes on such premises.
Mobile home space. A plot of ground within a mobile home park designed for the accommodation of one mobile home.
D.
Plan approval: Before any area shall be zoned as a mobile home park district, a development plan for the district shall be approved by the South Carolina Department of Health and Environmental Control and then [approved by] the York City Council, upon recommendation by the York Planning Commission. The plan shall include but not be limited to:
1.
The general location and dimensions of construction of proposed streets, driveways, curb cuts, entrances and exits, and parking (including number of parking spaces).
2.
Location and size of service buildings and areas.
3.
The general location of mobile home parking spaces, setback lines, easements, and a generalized land use plan.
4.
Location and size of recreation areas.
5.
Location and type of screening fences, hedges, or other buffers.
6.
The proposed title of the project and the name of the engineer, architect, designer, or landscape architect, and the developer.
7.
The north point, scale, and date. The scale of the site plan shall not be more than 50 feet to one inch.
8.
Existing zoning and zoning district boundaries and proposed changes in zoning, if any.
9.
The boundaries of the property involved, the general location of all existing easements, property lines, existing streets, buildings and other existing physical features on or adjoining the project.
10.
The approximate location and sizes of existing and proposed sanitary and storm sewers, water mains, culverts, and other underground facilities in or near the project.
11.
General location, character, size and height and orientation of proposed signs which must not conflict with the sign ordinance.
E.
Parking: Parking shall be provided in accordance with the provisions set forth in section XI [off-street parking requirements].
F.
Operating requirements: Each mobile home court or park shall be operated in accordance with the rules and regulations of the South Carolina Department of Health and Environmental Control governing the sanitation and operation of mobile home parks in South Carolina.
G.
Utility requirements: Each mobile home shall be connected to the available water source in an approved manner and to the sanitary sewer system in an approved manner. Should either or both of these facilities not be available from the City of York, an approved type may be used.
H.
Certificate of occupancy: The certificate of occupancy shall be conspicuously posted in the office or on the premises of the mobile home park at all times.
I.
[Maximum park or court area:] The minimum park or court area shall be five acres.
J.
[Maximum number of mobile homes:] The maximum number of mobile homes per acre shall not exceed eight.
K.
[Sanitary facilities:] Sanitary sewage, storm drainage, water and refuse disposal facilities shall be required.
L.
[Parking spaces:] Parking spaces shall be paved, properly marked, and lighted.
M.
[Car stops:] Concrete curbs or other appropriate car stops shall be installed at the end of all "head-in" parking bays which are not "drive-through" type.
N.
[Width of roadways:] Roadways, which are not to be dedicated as public streets, shall have a minimum travel width of 18 feet exclusive of parking.
O.
[Paving roadways:] All roadways shall be paved with cement or asphalt.
P.
[Access roadways:] No access roadway to a mobile home park shall be located closer than 150 feet to any public street intersection.
Q.
[Street lights at intersections:] All roadway intersections shall be provided with a street light, and shall not be less than 200 feet apart.
R.
[Setbacks in mobile home parks:] All mobile homes in a mobile home park shall be set back not less than 30 feet from an adjoining R-15 district and adequately screened from such district. Fifteen-foot setbacks shall be required for all other districts.
(Ord. No. 23-703, 10-3-2023)
11. - MU mixed use district.
[The purpose, permitted uses, uses allowed by special exception, dimensional requirements, and bufferyard requirements of the MU district are as follows:]
A.
Purpose: The purposes of the mixed use district are (1) to allow mixed uses to occupy the same general area; (2) to better bridge the differences between residential and commercial uses; and (3) to better accommodate change within those areas of the city where, due to economics or other factors responsible for change, mixed use development is in evidence and transition is taking place.
B.
Permitted uses:
1.
All uses permitted in the R-15 single-family district, together with all applicable dimensional requirements;
2.
Duplexes;
3.
Guest houses;
4.
Residences above business use;
5.
Child care centers;
6.
Adult day care facilities;
7.
Clinics, nursing and convalescent homes;
8.
Fire stations;
9.
Government buildings, offices and facilities;
10.
Public and private schools and administrative buildings;
11.
Commercial schools and schools providing adult training in any of the arts, music, sciences, drama, physical fitness, trades and professions;
12.
Churches, synagogues and places of worship;
13.
Museums, art galleries, armories, and libraries;
14.
Funeral homes (but not crematoriums);
15.
Lodges and civic clubs;
16.
Restaurants;
17.
Commercial parking lots;
18.
Retail businesses involving the sale of merchandise on the premises, specifically including, but not limited to:
Antique shops, provided there is no outside storage or display of goods, and any woodworking or refinishing is done within the principal building only;
Appliance, radio, and television;
Art supplies;
Bakery;
Books, magazines, newspapers;
Candy store;
Clothing;
Drug store;
Fruit and vegetables store;
Furniture;
Gift shop, notion, general/variety store;
Grocery store;
Hardware store;
Jewelry store;
Paint supply;
Photographic and camera shop;
Printing shop;
Sporting goods;
Tire sales and service;
Toy and hobby shop.
19.
Businesses involving the rendering of a personal service or the repair and servicing of small equipment, including, but not limited to:
Appliance repair shop;
Barber and beauty shops;
Bicycle repair and sales shop;
Business office;
Dressmaker, seamstress, tailor;
Dry cleaning and laundry facility;
Financial institutions;
Furniture repair;
Insurance and real estate agencies;
Locksmith or gunsmith;
Media and photo studio;
Medical office;
Office-related sales and service uses;
Secretarial and telephone answering business;
Shoe repair shop;
Spa/fitness center;
Telephone exchange.
20.
Any combination of the above may be permitted on the same lot.
C.
Uses allowed by special exception:
1.
Apartments, together with all dimensional requirements specified for apartments in the R-5, multi-family zoning district.
2.
Automobile service station, provided that all gas pumps shall be set back at least 15 feet from the right-of-way line or all abutting streets and that parking and service areas be separated from adjoining residential properties by a suitable fixed planting screen, fence, or wall at least six feet in height above finish grade.
Event venues subject to the following:
a.
Conditionally allowed based on an occupancy limitation of 150.
b.
Special exception review is required where the proposed occupancy exceeds 150.
c.
Minimum of one parking space for every two occupants.
d.
The maximum occupancy limit applies to the overall property (indoor and outdoor use combined).
e.
Event venues shall be explicitly allowed in the HC and GI zoning districts.
D.
Dimensional requirements:
E.
Bufferyards. Nonresidential development shall be separated from adjacent residential uses by the following minimum bufferyard requirements:
1.
A bufferyard shall be installed along each applicable side or rear property line. The side bufferyard shall extend from the front public right-of-way to the furthermost rear property line. The rear bufferyard shall extend between the furthermost side property lines.
2.
For each 100 feet of bufferyard, one of the following combinations (at a minimum) shall be provided:
a.
A berm and/or brick or textured block wall that is a minimum of six feet tall. If a brick or textured block wall is used, it must be placed a minimum of six feet from any property line. An evergreen shrub row (planted a maximum of three feet on center) shall be planted along each side of the brick or block wall or at the peak of the berm (if the berm is used alone). When a block/brick wall is used, it is preferable (but not required) to plant evergreen trees in the bufferyard as well.
b.
Forty evergreen trees planted six feet apart with adjacent rows staggered to maximize the screening effect.
c.
Four canopy trees, eight understory trees, and 30 evergreen shrubs.
For dimensions other than 100 feet, an appropriate ratio of landscaping components shall be provided. Fractions shall be rounded to the nearest whole number. For options E.2.b. and E.2.c. above [of 7. TU mixed use district], a minimum six-foot-tall privacy fence shall be installed along each applicable property line on the commercial side of the aforementioned landscaping components. The fence may be removed with City of York approval, once the aforementioned landscaping components reach a size adequate to serve as a bufferyard.
3.
The landscaping components shall meet the following minimum sizing requirements:
4.
Tables XIII-1, 2, 3 [of section XIII, landscaping regulations] provide shrub, evergreen tree, and deciduous tree types respectively that are approved for planting within the city limits of York.
5.
Where a property line is shared by a proposed commercial development and an existing single-family dwelling, the proposed commercial development shall install along such property line a bufferyard which meets the requirements of E.2.a. or E.2.b. above [of 7. MU mixed use district].
6.
The bufferyard shall have a minimum width of ten feet for options listed in E.2.a. above [of 7 TU mixed use district], 15 feet for option E.2.b. [of 7. MU mixed use district], and 18 feet for options listed in E.2.c. [of 7. MU mixed use district].
(Ord. No. 04-404, 8-3-2004; Ord. No. 12-532, 2-5-2013; Ord. No. 18-598, 7-3-2018; Ord. No. 23-703, 10-3-2023)
Editor's note— Ord. No. 12-532, adopted February 5, 2013, renamed former TU transitional use district as MU mixed use. A new TU district is added in § 12.
12. - TU transitional use district.
[The purpose and permitted uses of the TU district are as follows:]
1.
Purpose: The purpose of the transitional use district is to provide a transitional district for properties that allows outright certain, low-impact land uses while only allowing higher-impact land uses through the PUD process.
2.
Permitted uses:
a.
Pasture land without the keeping of livestock or poultry;
b.
Forest area;
c.
Any other proposed development is allowed only via the PUD planned unit development district process.
(Ord. No. 12-532, 2-5-2013; Ord. No. 23-703, 10-3-2023; Ord. No. 25-751, 5-6-2025)
13. - IU institutional use district.
[The purpose, permitted uses, dimensional requirements, parking requirements, and other requirements of the IU district are as follows:]
A.
Purpose:
1.
It is the intent of this section that an institutional use zoning district be developed and reserved primarily for the arts, culture, entertainment, health, education and religion, all for the general public, with a minimum requirement of three acres. The regulations which apply within this district are designed to encourage institutional-type buildings for the purpose of enhancing the culture, health and education of the community.
2.
To ensure adequate and properly designed means of ingress, egress, and parking; and,
3.
To discourage any encroachment by other zoning districts that might adversely affect the specialized character of this district.
B.
Permitted uses: The following uses shall be permitted in any institutional use zoning district:
1.
Any use permitted in R-7 residential district, subject to standards set forth in this section.
2.
Other requested institutional uses by special exception.
3.
Any demolition, renovation, and/or new construction by an existing museum (used for meetings, archives and historic activities as well as performing and visual arts) or residential treatment facility that is associated with indoor activities as well as performing and visual arts) or residential treatment facility that is associated with indoor activities within the respective organization's core mission or purpose.
C.
Dimensional requirements:
D.
Other requirements: A buffer screen, wall or fence, six feet in height, to restrict visibility of land use shall be provided along side and rear property lines adjacent to residential districts.
E.
Parking requirements: Any property zoned or rezoned to institutional use will be exempt from parking requirements if such zoning or rezoning is accomplished prior to July 15, 1991. Thereafter, parking requirements as set forth otherwise in this ordinance must be met.
(Ord. No. 05-426, 9-6-2005; Ord. No. 23-703, 10-3-2023)
14. - PUD planned unit development district.
A.
Purpose: The purpose of the PUD district is to encourage flexibility in the development of land in order to promote its most appropriate use; to improve the design, character and quality of new development; to facilitate the provision of streets and utilities; and to preserve the natural and scenic features of open areas.
B.
District requirements: In order to qualify as a PUD district, a project must meet the following minimum requirements:
1.
The conceptual site plan for the project shall provide significant commercial and residential components.
2.
The commercial component shall not be designed as a standalone commercial area and shall be integrally designed to mesh with the residential areas.
3.
The residential section of the project shall be designed per one of the following zoning district requirements: R-8, R-9, R-10 or R-11.
4.
The land-use map in the city's comprehensive plan specifies where PUD districts would be best located along with the most appropriate associated residential zoning requirements.
5.
The site must contain not less than five acres and must adjoin or have direct access to at least one major street.
6.
The site shall be in single ownership, or if in joint ownership, the application for amendment to the zoning ordinance shall be filed jointly by all of the owners.
7.
A conceptual site plan shall be submitted with the request for change and shall contain the following information:
a.
The proposed title of the project and the name of the engineer, architect or designer as well as the project applicant.
b.
The north point, an appropriate scale and date.
c.
Existing zoning and zoning district boundaries and proposed changes in zoning, if any.
d.
The boundaries of the property involved, the general location of all existing easements, property lines, existing streets, buildings, sidewalk and other existing physical features on or adjoining the project
e.
The applicant shall verify availability/adequateness of city utilities/fire protection, etc. at the site.
f.
The general locations and construction dimensions of proposed streets, alleys, driveways, curb cuts, entrances and exits, parking and loading areas (including numbers of parking spaces).
g.
The general location of proposed lots, setback lines, easements, and a generalized land use plan.
h.
The location of all proposed main and accessory buildings and dimensions of structures drawn to scale.
i.
General information regarding all fences, walls, screens, buffers, plantings and landscaping.
j.
Overall site design shall be harmonious in terms of landscaping, enclosure of principal and accessory uses, sizes of structures, street patterns and use relationships. Variety in building types, heights, façades, setbacks, and size of open spaces shall be encouraged.
k.
General location, character, size, height, and orientation of proposed freestanding signs.
l.
A location map showing the position of the proposed development in the city.
m.
A tabulation of total number of acres in the project to be devoted to streets and other public and/or private reservations.
n.
Reference to the creation of.
1)
Proposed standards for the development of the project, including restrictions on the use of property, open space, yard requirements and restrictive covenants, if any.
2)
A statement defining the manner in which the city is to be assured that all improvements and protective devices, such as screens and buffers are to be installed and maintained.
o.
The Planning Commission may establish additional requirements for site plan approval and, in special cases, may waive a particular requirement if, in its opinion, the inclusion of that requirement is not essential to a proper assessment of the project.
C.
Permitted uses: Any use proposed by the developer and considered by the planning commission as being compatible to other nearby uses within and beyond the district may be permitted in such district, upon approval by the planning commission and York City Council. A listing of permitted uses within a particular PUD district shall be adopted as part of the regulations applying to that district. After approval by the commission and council, the list or portion thereof shall be adopted as part of the regulations applying to that particular PUD district. Thereafter, the uses permitted in the district shall be restricted to those listed, approved, and adopted.
D.
Administrative procedures: In accordance with the adopted planning commission meeting and application deadline schedule, the applicant or owner shall submit to the planning and development department a completed rezoning application and application fee, conceptual site plan, annexation petition, if applicable, and all required supporting information. The planning and development department and other agencies, as appropriate, shall review the proposal for compliance with the comprehensive land use plan and the regulations herein, the objectives of the district, and the suitability of the site for the proposed project.
Following such study, the applicant shall be notified of any issues that need to be addressed. At the conclusion of the review, the planning and development department shall provide a report of findings to the planning commission regarding the project.
Actions by the planning commission and council shall be as provided for amendments generally. Council may grant the application, may include specific modifications of the proposal or other applicable regulations or may deny the application.
If the application is approved, the development shall be required to be in accord with the approved PUD, meeting the requirements of these and other regulations, as supplemented or modified by council in the particular case as part of the amendment action and shall conform to any time or priority limitations established by council on beginning and completion of the development as a whole or in specified stages.
In taking action to amend the zoning map to establish an approved PUD, council shall pass upon the adequacy of the application, in form and substance relative to any agreements, contracts, deed restrictions, sureties, or other instruments involved; and before development may proceed, such instruments shall be approved by appropriate officers and agencies. Once a PUD district is established on the official zoning map, no building permit shall be issued therein unless the planning and development department has approved plans and reports for the development as a whole or stages or portions thereof deemed satisfactory in relation to the total development. The form and content of such plans and reports shall be as prescribed in zoning, subdivision regulations, or other regulations involved generally, and in rules of other affected agencies.
Upon approval, building permits shall be issued in the same manner as for building permits generally, provided that any requirements concerning the order and location in which building permits are to be issued in the particular PUD district shall be observed. Except as provided below, all plans and reports approved shall be binding on the applicants and any successors in title so long as the PUD zoning is applicable and vested rights are maintained.
Minor changes in approved final plans and reports may be approved by the planning and development department only upon findings identical to those required for original approval. Major changes shall be approved subject to further amendatory action only.
(Ord. No. 08-483, 9-2-2008; Ord. No. 23-703, 10-3-2023)
15. - B-1 central business district.
[The purpose, permitted uses, conditional uses, special exception uses, off-street parking requirements, and sign requirements of the B-1 district are as follows:]
A.
Purpose: It is the intent of this section [section VIII] that the B-1 zoning district be developed and reserved for local or "Main Street" oriented business purposes. The regulations which apply within this district are intended to: (1) Encourage the formation and continuance of a stable, healthy, and compatible environment for uses that are located so as to provide nearby residential areas with convenient shopping service facilities; (2) Reduce traffic and parking congestion; (3) Avoid the development of "strip" business districts; and (4) Discourage industrial and other encroachment capable of adversely affecting the localized commercial character of the district.
B.
Permitted uses: Retail business involving the sale of merchandise on the premises, specifically including, but not limited to:
1.
Antique store.
2.
Digital technology.
3.
Art supply store or gallery.
4.
Book, magazine or newspaper store.
5.
Bakery.
6.
Candy store.
7.
Clothing store.
8.
Drug store.
9.
Grocery/specialty food store.
10.
Guesthouse.
11.
Motel.
12.
Residence above business use.
13.
Gift shop.
14.
Furniture store.
15.
Insurance and real estate agencies.
16.
Newspaper office.
17.
Jewelry store.
18.
Hobby, toy store.
19.
Sporting goods store.
20.
Notion or general store.
21.
Restaurant.
Businesses involving the rendering of a personal service or the repair and servicing of small equipment including, but not limited to:
1.
Bank.
2.
Bicycle repair and sales shop.
3.
Dressmaker, seamstress, tailor.
4.
Furniture repair.
5.
Locksmith or gunsmith.
6.
Schools offering instruction in art, music, dance, drama, physical fitness.
7.
Shoe repair shop.
8.
Spa/fitness center.
9.
Theater (not drive-in).
C.
Conditional uses: The following uses shall be permitted in the B-1 district on a conditional basis:
1.
Contractors' offices, provided no storage of contractor vehicles, equipment or materials on city-owned property or public rights-of-way.
2.
Auto accessory store, provided that there shall be no storage of wrecked or junked automobiles; trailers or scrapped or salvaged auto parts on the premises.
3.
Pet shop, provided that all animals shall be housed within the principal building so that no sound is perceptible beyond the premises.
4.
Residential dwelling units shall be allowed with the exception that street-front tenant spaces be used solely for approved commercial uses. This conditional use is not allowed in highway commercial or general industrial zoning districts.
5.
Event venues subject to the following:
a.
Conditionally allowed based on an occupancy limitation of 150.
b.
Special exception review is required where the proposed occupancy exceeds 150.
c.
Minimum of one parking space for every two occupants.
d.
The maximum occupancy limit applies to the overall property (indoor and outdoor use combined).
e.
Event venues shall be explicitly allowed in the HC and GI zoning districts.
6.
Single-family dwellings subject to the following:
a.
Single-family dwellings are not allowed on any property fronting on North and South Congress Streets and bounded by the following streets:
•
East Madison Street;
•
Garner Street;
•
East Liberty Street;
•
Trinity Street;
•
East Jefferson Street;
•
North Congress Street;
•
South Congress Street.
b.
Single-family dwellings must meet the following minimum dimensional requirements:
•
10,000 square feet lot area;
•
70 feet of street frontage;
•
Setbacks:
-
25 feet from street right-of-way;
-
Ten feet from side property line;
-
20 feet from rear property line.
c.
Single-family dwellings are not allowed in the HC and GI districts.
d.
For properties located outside of the local historic district, the minimum allowable heated area for new single-family dwellings shall be 1,200 square feet.
7.
Mobile food establishments subject to the following requirements:
a.
A mobile food establishment is allowed to setup in the city only two times per week;
b.
Mobile food establishments shall be located a minimum of 200 feet from customer entrance to any established "brick and mortar" restaurant (or with written exception, 100 ft separation is allowed);
c.
All vending operations shall be located not less than 20 feet from the nearest street right-of-way and provide at least two off-street parking spaces;
d.
Only one vendor shall be allowed for each 200 feet of street frontage;
e.
No goods or merchandise offered for sale may be stored in or sold from a tractor-trailer;
f.
Permitted merchandise shall be limited to edibles, hot and cold beverages containing no alcohol, and items related to such merchandise;
g.
Written permission must be obtained from the property representative;
h.
No more than three mobile food vendors shall be allowed on any given lot at the same time without first obtaining a special events permit, except that there shall be no limit on the number of pushcart vendors occupying a particular lot, nor shall there be a limit on the number of pushcart vendors or vendors with small, tow-behind carts occupying a shopping center;
i.
Required parking for the primary business(es) shall be minimally affected;
j.
Signage shall be permitted on the vehicle only to identify the name of the product or the name of the vendor, and the posting of prices. A separate menu board is allowed, not exceeding 12 square feet in area and 40 inches in height. This sign must be located on the same property as and within close proximity to the mobile vending unit, and should not be placed on the sidewalk or in the public right-of-way;
k.
The mobile vendor shall only use single-service plates and utensils. Garbage and recycling receptacles must be available for patron use and removed from the site daily by the vendor;
l.
Vendors shall meet all applicable DHEC regulations for mobile food units and possess a valid DHEC permit where applicable;
m.
Any mobile food vendor or vending unit that has been issued a notice of health violation by any department of the State of South Carolina, which remains uncorrected upon a subsequent inspection, shall have its food vendor permit revoked;
n.
All vendors must obtain from the town an appropriate, current business license
o.
No vendor shall:
p.
Leave any vehicle unattended;
q.
Store, park or leave any vehicle overnight on any street or sidewalk;
r.
Leave from any location without first picking up, removing and disposing of all trash or refuse remaining from sales by the vendor;
s.
Solicit or conduct business with persons in motor vehicles;
t.
Sell anything other than that for which a license to vend has been issued;
u.
Sound or permit the sounding of any device that produces a loud and raucous noise, or use or operate any loudspeaker, public address system, radio, sound amplifier or similar device to attract the attention of the public;
v.
Allow any item relating to the operation of the vending business to lean against or hang from any building or other structure lawfully placed on public property;
w.
Change vending locations without first notifying the planning department and submitting the required permissions and site plan; and
x.
Discharge fat, oil, grease, or waste water into the sanitary sewer system. All waste shall be properly stored and disposed of at a properly designated disposal location.
Exemption(s): The provisions of this section shall not apply to special events, festivals, community projects or public events which occur on a periodic basis and which are specifically approved by county council or as an approved special event. This section shall not apply to activities conducted pursuant to a franchise agreement or other contract with the City of York, South Carolina.
D.
The following uses are allowed by special exception:
1.
Club, lodge, civic, fraternal, social, or similar nonprofit organization.
2.
Automobile sales and service.
3.
Automobile service station, provided that all gas pumps shall be set back at least 15 feet from the right-of-way line or all abutting streets and that parking and service areas be separated from adjoining residential properties by a suitable fixed planting screen, fence, or wall at least six feet in height above finish grade.
4.
Bowling alley.
5.
Massage therapy establishment.
6.
Funeral home.
7.
Flea markets.
8.
Barber or beauty shops.
9.
Hardware store.
10.
Government office.
11.
Telephone/internet office.
12.
Tire sales and service.
13.
New and used automobile sales
14.
Printing shop.
15.
Church/nonprofit.
16.
Building material supplier.
17.
Doctors' and dentists' offices.
18.
Dry cleaning and laundry facility.
19.
Entertainment or game facility.
20.
Brewpub.
21.
Microbrewery.
22.
Wine bar.
23.
Youth center (dancing and music for citizens under 18 years of age without alcoholic beverages being served).
E.
Off-street parking: Off-street parking shall conform to requirements in section XII [off-street parking requirements], except buildings in existence on the date of the adoption of this ordinance amendment in this district are exempt from the requirements of section XII [off-street parking requirements]. Providing, however, any addition, attached or unattached, to the existing building or any use of the unimproved portion of the land that reduces available parking space shall require the replacement of the lost parking space in accordance with section XII [off-street parking requirements].
F.
Signs: Signs permitted in B-1 zoning district, including the conditions under which they must be located are set forth in section XIII [signs].
(Ord. No. 01-340, 3-6-2001; Ord. No. 17-581, 3-7-2017; Ord. No. 18-598, 7-3-2018; Ord. No. 19-609, 12-3-2019; Ord. No. 20-616, 3-3-2020; Ord. No. 20-624, 7-7-2020; Ord. No. 22-673, 6-7-2022; Ord. No. 23-686, 2-6-2023; Ord. No. 23-689, 6-6-2023; Ord. No. 23-703, 10-3-2023)
16. - HC highway commercial district.
[The purpose, permitted uses, conditional uses, special exception, uses, other requirements, and yard and setback requirements of the HC district are as follows:]
A.
Purpose: It is the intent of this section that the HC zoning district be developed and reserved primarily for commercial uses which render a service or cater to tourists, vacationers, truckers and the traveling public in general. The regulations which apply within this district are designed to (1) encourage the formation and continuance of a compatible environment for highway oriented uses; (2) ensure adequate and properly designed means of ingress and egress; and, (3) discourage any encroachment by industrial or other uses capable of adversely affecting the specialized commercial character of the district.
B.
Permitted uses: The following uses shall be permitted in HC zoning district:
1.
Any use permitted in the highway commercial zoning district, subject to standards set forth in this section.
2.
Automobile sales and service.
3.
Automobile service station.
4.
Gas station/convenience store.
5.
Funeral home.
6.
Flea markets.
7.
Barber or beauty shops.
8.
Hardware store.
9.
Government office.
10.
Telephone/internet office.
11.
Tire sales and service.
12.
New and used automobile sales.
13.
Printing shop.
14.
Church/nonprofit.
15.
Building material supplier.
16.
Doctors' and dentists' offices.
17.
Dry cleaning and laundry facility.
18.
Entertainment or game facility.
19.
Wine bar.
20.
Youth center (dancing and music for citizens under 18 years of age without alcoholic beverages being served).
21.
Contractor offices.
22.
Auto accessory store.
23.
Pet shop.
Mobile food establishments subject to the following requirements:
1.
A mobile food establishment is allowed to setup in the city only two times per week;
2.
Mobile food establishments shall be located a minimum of 500 feet from any established "brick and mortar" restaurant;
3.
All vending operations shall be located not less than 20 feet from the nearest street right-of-way and provide at least two off-street parking spaces;
4.
Only one vendor shall be allowed for each 200 feet of street frontage;
5.
No goods or merchandise offered for sale may be stored in or sold from a tractor-trailer;
6.
Permitted merchandise shall be limited to edibles, hot and cold beverages containing no alcohol, and items related to such merchandise;
7.
Written permission must be obtained from the property representative;
8.
No more than one mobile food vendor shall be allowed on any given lot at the same time without first obtaining a special events permit, except that there shall be no limit on the number of pushcart vendors occupying a particular lot, nor shall there be a limit on the number of pushcart vendors or vendors with small, tow-behind carts occupying a shopping center;
9.
Required parking for the primary business(es) shall be minimally affected;
10.
Signage shall be permitted on the vehicle only to identify the name of the product or the name of the vendor, and the posting of prices. A separate menu board is allowed, not exceeding 12 square feet in area and 40 inches in height. This sign must be located on the same property as and within close proximity to the mobile vending unit, and should not be placed on the sidewalk or in the public right-of-way;
11.
The mobile vendor shall only use single-service plates and utensils. Garbage and recycling receptacles must be available for patron use and removed from the site daily by the vendor;
12.
Vendors shall meet all applicable DHEC regulations for mobile food units and possess a valid DHEC permit where applicable;
13.
Any mobile food vendor or vending unit that has been issued a notice of health violation by any department of the State of South Carolina, which remains uncorrected upon a subsequent inspection, shall have its food vendor permit revoked;
14.
All vendors must obtain from the town an appropriate, current business license;
15.
No vendor shall:
a.
Leave any vehicle unattended;
b.
Store, park or leave any vehicle overnight on any street or sidewalk;
c.
Leave from any location without first picking up, removing and disposing of all trash or refuse remaining from sales by the vendor;
d.
Solicit or conduct business with persons in motor vehicles;
e.
Sell anything other than that for which a license to vend has been issued;
f.
Sound or permit the sounding of any device that produces a loud and raucous noise, or use or operate any loudspeaker, public address system, radio, sound amplifier or similar device to attract the attention of the public;
g.
Allow any item relating to the operation of the vending business to lean against or hang from any building or other structure lawfully placed on public property;
h.
Change vending locations without first notifying the planning department and submitting the required permissions and site plan; and
i.
Discharge fat, oil, grease, or waste water into the sanitary sewer system. All waste shall be properly stored and disposed of at a properly designated disposal location.
Exemption(s):
A.
The provisions of this section shall not apply to special events, festivals, community projects or public events which occur on a periodic basis and which are specifically approved by county council or as an approved special event. This section shall not apply to activities conducted pursuant to a franchise agreement or other contract with the City of York, South Carolina.
C.
Conditional uses: The following uses shall be permitted in any HC zoning district on a conditional basis:
1.
Any use permitted on a conditional basis in any B-1 zoning district, subject to standards set forth in this section [section VIII].
2.
Dealerships, new and used automobiles, recreation vehicles, boat trailers, and utility trailers; provided that:
a.
Stock shall be parked no less than five feet from adjoining property lines and 15 feet from edge of right-of-way.
b.
There shall be no storage of wrecked or dilapidated automobiles or scrapped or salvaged auto parts on the premises.
3.
Automotive wrecker service; provided that no wrecked vehicle shall be stored on the premises outside a fenced area. The fenced area shall be screened from public view. A six-foot-high fence or wall shall enclose the area and the area shall be paved or graveled, with no grass to grow in the storage area. Maximum time limit of storage shall be 30 days. The date the wrecked vehicle is received shall be marked on each unit with at least four-inch-high numbers. No other parts or items may be stored in the area.
4.
Buildings shall be provided as follows:
a.
The buildings shall be completely enclosed, and any exterior opening shall be equipped with a door/window. The exterior finish for building walls shall be brick and/or textured block, and the buildings shall be provided with a roof that has a minimum slope of four to one, is covered with raised seam metal or asphalt shingles, and has a gable style.
b.
Exterior sales area shall be located to the rear of such buildings.
c.
All outdoor sales equipment shall be removed at the end of each day.
d.
Permanent restroom facilities shall be provided in the enclosed buildings.
5.
Sales:
a.
All sales and storage shall be conducted within building interior.
b.
The sale of livestock shall not be permitted.
c.
Noise level shall not exceed normal levels.
d.
All operations shall cease no later than 11:30 p.m.
e.
Required areas for parking shall at least be graveled.
6.
Flea markets:
a.
An existing building shall meet the following requirements:
1.
The buildings shall be completely enclosed; and
2.
Any exterior opening shall be equipped with a door/window; and
3.
Exterior sales areas shall be located to the rear of said building(s); and
4.
All outdoor sales equipment shall be removed at the end of each day; and
5.
Permanent restroom facilities shall be provided in the enclosed building(s).
7.
Newly proposed building(s) shall meet the above-referenced requirements, as well as the following:
a.
The exterior finish for building walls shall be brick and/or textured block; and
b.
The building(s) shall be provided with a roof that has a minimum slope of 4/1, is covered with raised seam metal or asphalt shingles, and has a gable style.
D.
Uses permitted by special exception: The following uses shall be permitted in any HC zoning district by special exception by the board of zoning appeals:
1.
Machine shops.
2.
Facility used for developing and producing measurement devices (comprised of plastic or other nonhazardous materials) used for environmental protection purposes.
3.
Club, lodge, civic, fraternal, social, or similar nonprofit organization.
4.
Bowling alley.
5.
Game room/arcade.
6.
Liquor store.
7.
Nightclubs, taverns, lounges, and dancehalls, providing such establishments acquire approval of all regulatory agencies and bodies. A nightclub, tavern, lounge, or dancehall is described as a business establishment catering to the general public providing music and/or dancing and/or game type amusements and which may or may not provide alcoholic beverage or food.
8.
Massage therapy establishment.
9.
Pool hall.
10.
Brewery with accessory taproom, and distillery with accessory taproom.
11.
Boat, vehicle, trailer and RV storage facility.
The uses allowed by special exception are subject to the following restrictions:
1.
The board of zoning appeals shall determine the minimum distance separation between each of the referenced uses and a cemetery.
2.
At no time shall the minimum measurement be less than 250 feet.
3.
Any site plan submitted for such a referenced use shall indicate the location of any adjacent cemetery.
The distance shall be determined by measuring the shortest straightline distance between the structure housing said use and the property line of the designated cemetery.
E.
Other requirements:
1.
A suitable buffer screen, wall or fence, six feet in height, to restrict visibility of land use shall be provided along property lines adjacent to residential districts.
2.
Illumination devices shall be so placed and so shielded that rays therefrom will not be directly cast into any residential district, sleeping room in any district, or the eyes of vehicle drivers.
F.
Yard and setback requirements:
(Ord. No. 01-350, § 2, 12-4-2001; Ord. No. 02-358, 6-4-2002; Ord. No. 02-368, 11-5-2002; Ord. No. 02-368, 11-5-2002; Ord. No. 17-581, 3-7-2017; Ord. No. 22-672, 6-7-2022; Ord. No. 22-673, 6-7-2022; Ord. No. 23-698, 8-1-2023; Ord. No. 23-703, 10-3-2023; Ord. No. 24-718, 4-2-2024)
17. - GI general industrial district.
[The purpose, permitted uses, conditional uses, and special use exceptions of the GI district are as follows:]
A.
Purpose: It is the intent of this section [section VIII] that the GI zoning district be developed and reserved for general industrial purposes. The regulations which apply within this district are designed to encourage the formation and continuance of a compatible environment for all types of industrial, warehouse, terminal, laboratory and open yard storage operations or concerns, and to discourage any encroachment by residential developments or other uses capable of adversely affecting the industrial character of the district.
B.
Permitted uses: The following uses shall be permitted in any GI zoning district:
1.
Any industrial use which involves manufacturing, processing, or assembly operations, or the storage and sale of materials, products or equipment, but not including junk[yards] or salvage yards or uses which may cause injurious or obnoxious noise, vibration, smoke, gas, fumes, odor, dust, fire hazard, dangerous chemicals or radiation, or other conditions objectionable to adjacent or nearby areas.
2.
For any property that is contiguous to or lies within the city's local historical district and is located in a general industrial zoning district, the exterior storage, sales or display of materials is prohibited. Existing businesses are not affected by this prohibition, so long as they comply with the nonconforming uses section of the city zoning ordinance.
3.
Warehouse.
4.
Research or experimental laboratory.
5.
Transportation terminal.
6.
Public building, facility or land.
7.
Public utility installation.
8.
Bulk storage of petroleum or petroleum products.
9.
Repair garage.
10.
Office building and/or offices for governmental, business, professional, or general purposes.
11.
Commercial trade or vocational school.
12.
Off-street commercial parking lot or garage, as well as off-street parking or storage area for customer, client, or employee-owned vehicles.
13.
New and used car sales.
14.
Any use permitted in the highway commercial district, subject to the standards set forth in that district.
15.
Hospital and nursing home, and any residential and religious use of connected therewith; medical clinic; doctors' and dentists' offices; and any medical inpatient or outpatient facility.
16.
Adult day care facility.
17.
Commercial kitchen.
18.
Brewpub and microbrewery.
19.
Brewery and distillery.
Mobile food establishments subject to the following requirements:
1.
A mobile food establishment is allowed to setup in the city only two times per week;
2.
Mobile food establishments shall be located a minimum of 500 feet from any established "brick and mortar" restaurant;
3.
All vending operations shall be located not less than 20 feet from the nearest street right-of-way and provide at least two off-street parking spaces;
4.
Only one vendor shall be allowed for each 200 feet of street frontage;
5.
No goods or merchandise offered for sale may be stored in or sold from a tractor-trailer;
6.
Permitted merchandise shall be limited to edibles, hot and cold beverages containing no alcohol, and items related to such merchandise;
7.
Written permission must be obtained from the property representative;
8.
No more than one mobile food vendor shall be allowed on any given lot at the same time without first obtaining a special events permit, except that there shall be no limit on the number of pushcart vendors occupying a particular lot, nor shall there be a limit on the number of pushcart vendors or vendors with small, tow-behind carts occupying a shopping center;
9.
Required parking for the primary business(es) shall be minimally affected;
10.
Signage shall be permitted on the vehicle only to identify the name of the product or the name of the vendor, and the posting of prices. A separate menu board is allowed, not exceeding 12 square feet in area and 40 inches in height. This sign must be located on the same property as and within close proximity to the mobile vending unit, and should not be placed on the sidewalk or in the public right-of-way;
11.
The mobile vendor shall only use single-service plates and utensils. Garbage and recycling receptacles must be available for patron use and removed from the site daily by the vendor;
12.
Vendors shall meet all applicable DHEC regulations for mobile food units and possess a valid DHEC permit where applicable;
13.
Any mobile food vendor or vending unit that has been issued a notice of health violation by any department of the State of South Carolina, which remains uncorrected upon a subsequent inspection, shall have its food vendor permit revoked;
14.
All vendors must obtain from the town an appropriate, current business license;
15.
No vendor shall:
a.
Leave any vehicle unattended;
b.
Store, park or leave any vehicle overnight on any street or sidewalk;
c.
Leave from any location without first picking up, removing and disposing of all trash or refuse remaining from sales by the vendor;
d.
Solicit or conduct business with persons in motor vehicles;
e.
Sell anything other than that for which a license to vend has been issued;
f.
Sound or permit the sounding of any device that produces a loud and raucous noise, or use or operate any loudspeaker, public address system, radio, sound amplifier or similar device to attract the attention of the public;
g.
Allow any item relating to the operation of the vending business to lean against or hang from any building or other structure lawfully placed on public property;
h.
Change vending locations without first notifying the planning department and submitting the required permissions and site plan; and
i.
Discharge fat, oil, grease, or waste water into the sanitary sewer system. All waste shall be properly stored and disposed of at a properly designated disposal location.
Exemption(s):
A.
The provisions of this section shall not apply to special events, festivals, community projects or public events which occur on a periodic basis and which are specifically approved by county council or as an approved special event. This section shall not apply to activities conducted pursuant to a franchise agreement or other contract with the City of York, South Carolina.
C.
Conditional uses: The following uses shall be permitted in any GI zoning district on a conditional basis:
1.
Automobile service station; provided that:
a.
All pumps shall be set back at least 15 feet from the right-of-way line of any street; and
b.
That there shall be no open storage of any type in conjunction with the operation.
2.
Wholesale business outlet, provided that there shall be no open storage of junk or salvage materials of any type in conjunction with the operation.
3.
Commercial, retail business, provided that such business shall involve no open storage of any kind.
4.
Truck terminal, provided that:
a.
paved acceleration and deceleration lanes at least ten feet in width and 100 feet in length, respectively, shall be furnished and maintained where trucks enter or leave terminal sites located adjacent to major streets or controlled access highways;
b.
No safety hazard or impediment to traffic movement shall be produced on any access road; and
c.
No open storage of any type shall be conducted in connection with the operation.
5.
Watchman or caretaker's dwelling, provided that:
a.
Such dwelling shall be located on the premises of a permitted use; and
b.
The head of the household is employed by the industry as a watchman or caretaker.
6.
Automotive wrecker service, provided that no wrecked vehicle shall be stored on the premises outside a fenced area. The fenced area shall be screened from public view. A six-foot-high fence or wall shall enclose the area and the area shall be paved or graveled with no grass allowed to grow in the storage area. Maximum time limit of storage shall be 30 days. The date the wrecked vehicle is received shall be marked on each unit with at least four-inch-high numbers. No other parts or items may be stored in the area.
7.
Private day care centers, provided that such center is operated by business and for benefit of employees of the business.
8.
Video poker establishments, subject to the following conditions:
a.
No video poker establishment use is permitted within 300 feet of the same type use or establishment. With respect to another same type use or establishment (video poker establishment), the distance shall be measured from one such establishment to the second such establishment measuring from the nearest entrance of the first such establishment by following the shortest route of ordinary pedestrian or vehicular traffic along the public thoroughfare to the nearest point of entrance to the second such establishment. With respect to measuring the distances as set forth above, no person shall build and/or construct a fence, wall, or other obstruction in order to lengthen the "shortest route" method of measurement as set forth above in this section [section VIII].
b.
No video poker establishment conditional use is permitted within 300 feet of any church, synagogue, house of worship, school, kindergarten, playground, park, residence, or residentially zoned district. With respect to a church, synagogue, house of worship, school, kindergarten, playground, park, residence, or residentially zoned district, the distance shall be measured from the nearest entrance to the video poker establishment by following the shortest route of ordinary pedestrian or vehicular traffic along the public thoroughfare to the nearest point of entrance to the grounds of any building housing any church, synagogue, house of worship, school, kindergarten, playground, park or residence, whichever is the closer. With respect to a residentially zoned district, the distance shall be measured from the nearest entrance to the video poker establishment by following the shortest route of ordinary pedestrian or vehicular traffic along the public thoroughfare to the nearest point on the boundary line of the residential zoned district. With respect to measuring the distances as set forth above, no person shall build and/or construct a fence, wall, or other obstruction in order to lengthen the "shortest route" method of measurement as set forth above in this section.
c.
The requirements and provisions for nonconforming status are contained in section XVI [administration, enforcement, penalties and fees].
d.
The owner or operator of any location of a video poker establishment operating in violation of any provision of this conditional use [sub]section [12. of GI general industrial district of section VIII] of the City of York Zoning Ordinance shall be guilty of a misdemeanor and shall, upon conviction, be fined not less than $100.00 and not more than $500.00, plus all authorized costs and assessments, or imprisoned for not more than 30 days. Each day of operation shall constitute a separate violation.
9.
Miniwarehouse/storage facility, subject to the following conditions:
a.
The minimum distance between a miniwarehouse/storage building and a residential zoning district shall be 25 feet.
b.
The minimum setbacks for miniwarehouse/storage buildings shall be 25 feet from the front street right-of-way, ten feet from each side property line, and 25 feet from the rear property line.
c.
A fence shall be constructed around the perimeter of the miniwarehouse/storage facility property. The fence shall be constructed of brick, textured block, wrought iron, or black chainlink fence material. The fence span directly in front of the miniwarehouses shall be constructed of wrought iron and/or brick. The fence span along the rear of the property may be constructed of standard chainlink fence.
d.
Landscaping shall be installed which meets the following design standards:
1)
A bufferyard shall be installed along the outside of the fence perimeter facing a street, road, or highway. For each 100 feet of bufferyard, the following minimum number of components shall be planted: three canopy trees, three understory trees, and 30 shrubs.
The landscaping components shall meet the following minimum sizing requirements:
The tree planting requirements may be waived by the planning commission upon written verification that the trees will interfere with utility service. If a waiver is granted, a suitable alternative to the tree planting shall be presented to and reviewed by the planning commission.
2)
One tree at each building termination is required.
e.
The front façades shall be constructed of brick masonry or textured block, and sides and rear shall be constructed of brick, textured block, or metal siding manufactured for metal buildings.
f.
The roofing material shall consist of asphalt shingles or raised seam metal.
g.
The driving surfaces shall be paved.
h.
Each building shall be numbered with minimum six-inch-high letters or numbers at the end of each building and above each door.
i.
The planning commission shall review the site plan for the proposed project in light of the following factors:
1)
The need for berms on the property (due to elevation differences on the property)
2)
The stormwater retention provisions
3)
The security lighting for the property
4)
Availability of utility services at the site
5)
Any other factor deemed pertinent
10.
Salvage operation, based on the following conditions:
a.
A salvage operation shall have at least one building with a minimum area of 200,000 square feet integrally involved with the salvage operation. A building shall be defined as completely enclosed by floor, wall and roof systems.
b.
An accessory fenced-in area is allowed only to the rear of the building(s) required in "a" [subsection 10.a.] above. Within the fenced-in area, vehicles shall not be stacked, and due consideration shall be given to the location of taller scrap vehicles.
c.
If fencing is to be used in accordance with "b" [subsection 10.b.] above, the following fencing specifications shall be adhered to:
1)
Fence facing street or side property line: brick, block with decorative finish, or other fencing materials approved by the planning commission;
2)
Fence facing rear property line: brick, block with decorative finish, chain link, or other fencing materials approved by the planning commission.
In any event, the fence shall be a minimum of eight feet in height and be designed to provide complete visual separation of properties.
d.
The building housing the storage area shall be located a minimum of 150 feet from any public street right-of-way and 50 feet from any property line.
e.
The property shall be maintained in such a way as to prevent the creation of conditions constituting a nuisance.
D.
Uses permitted by special exception: The following uses shall be permitted in any GI zoning district by special exception by the board of zoning appeals:
1.
Machine shops.
2.
Facility used for developing and producing measurement devices (comprised of plastic or other nonhazardous materials) used for environmental protection purposes.
3.
Club, lodge, civic, fraternal, social, or similar nonprofit organization.
4.
Bowling alley.
5.
Game room/arcade.
6.
Liquor store.
7.
Nightclubs, taverns, lounges, and dancehalls, providing such establishments acquire approval of all regulatory agencies and bodies. A nightclub, tavern, lounge, or dancehall is described as a business establishment catering to the general public providing music and/or dancing and/or game type amusements and which may or may not provide alcoholic beverage or food.
8.
Private recreation facility, provided that such facility shall be:
a.
Incidental to a permitted use; and
b.
Located on the same premises.
9.
Massage therapy establishment.
10.
Pool hall.
11.
Auctions that include the sale of livestock.
12.
Sexually oriented businesses (see general and supplemental regulations, section XIV).
The uses allowed by special exception are subject to the following restrictions:
1.
The board of zoning appeals shall determine the minimum distance separation between each of the referenced uses and a cemetery.
2.
At no time shall the minimum measurement be less than 250 feet.
3.
Any site plan submitted for such a referenced use shall indicate the location of any adjacent cemetery.
The distance shall be determined by measuring the shortest straight line distance between the structure housing said use and the property line of the designated cemetery.
(Ord. No. 02-358, 6-4-2002; Ord. No. 05-422, § 3, 9-6-2005; Ord. No. 15-561, 2-3-2015; Ord. No. 17-581, 3-7-2017; Ord. No. 22-672, 6-7-2022; Ord. No. 22-673, 6-7-2022; Ord. No. 23-703, 10-3-2023)
18. - Renewable energy zoning district.
A.
Purpose: The purpose of the renewable energy zoning district is to provide a district where renewable resources can be utilized to create renewable energy. Renewable resources include sunlight, wind, rain, and geothermal heat. Renewable energy creation is desirable due to its relative efficiency and cleanliness at the point of consumption.
B.
Uses permitted:
1.
Solar farms (subject to requirements listed in section XV, general and supplemental regulations).
(Ord. No. 20-612, § 1, 2-3-2020; Ord. No. 23-703, 10-3-2023)