This chapter shall be known and may be cited as the "Zoning Ordinance." Any reference to this chapter shall be deemed to include both the text of this chapter and the zoning map, and all subsequent amendments thereto.

(a)

The zoning ordinance is designed and adopted in accordance with the direction provided by the York County Comprehensive Plan, specifically the Comprehensive Plan, Charting the Course to 2010, adopted December 5, 1991, as amended, to promote, in accordance with present and probable future needs and resources, the health, safety, order, convenience, prosperity, and general welfare of the citizens of the county. To these ends the zoning ordinance is designed to give reasonable consideration to each of the following, where applicable:

(1)

to provide for adequate light, air, convenience of access, and safety from fire, flood, crime and other dangers;

(2)

to reduce or prevent congestion in the public streets and facilitate the use of all transportation modes;

(3)

to facilitate the creation of a convenient, attractive and harmonious community;

(4)

to facilitate the provision of adequate police and fire protection, disaster evacuation, civil defense, transportation, water, sewerage, flood protection, schools, parks, forests, playgrounds, recreational facilities, airports and other public requirements and to ensure the effective management and stewardship of the public investment in same;

(5)

to protect against destruction of or encroachment upon historic areas;

(6)

to protect against the following: overcrowding of land, undue density of population in relation to community facilities, obstruction of light and air, danger and congestion in travel and transportation, or loss of life, health, or property from fire, flood, panic, or other dangers;

(7)

to encourage economic development activities that provide desirable employment and enlarge the tax base;

(8)

to provide for the preservation of agricultural and forestal lands and other lands of significance for the protection of the natural environment;

(9)

to protect approach slopes and other safety areas of licensed airports, including United States government and military air facilities;

(10)

to promote affordable housing;

(11)

to promote the proper use, management, and protection of sensitive and unique lands that contribute positively to the economy of the region, and the environmental quality of county lands and adjacent waters; and

(12)

to protect the water resources of the county, including groundwater, surface water, and those geological and ecological features that contribute to water quality and quantity.

(b)

The zoning regulations and districts established herein have been drawn and applied, and shall be so applied in the future, with reasonable consideration for:

(1)

the direction provided by the comprehensive plan, and especially the land use element;

(2)

the existing use and character of property and surrounding properties;

(3)

the suitability of property for various uses;

(4)

the trends of growth or change;

(5)

the current and future requirements of the community as to land for various purposes as determined by population, economic, and other studies;

(6)

the county's need for transportation, utilities, housing, schools, parks and recreation areas, and other public services and the need to effectively manage the public investment in the same;

(7)

the conservation of natural resources;

(8)

the preservation of floodplains;

(9)

the preservation of agricultural and forestal lands; and

(10)

the conservation of properties and their values and the encouragement of the most appropriate use of land throughout the county.

(a)

This chapter shall be effective on 12:01 a.m., June 29, 1995, at which time chapter 24, Zoning, York County Code, and all amendments thereto shall be repealed.

(b)

The adoption of this chapter shall not abate any pending action, liability or penalty of any person accruing or about to accrue, nor waive any right of the county under any provision in effect prior to the effective date of this chapter, unless expressly provided for in this chapter.

For the purpose of this chapter, certain words and terms shall be interpreted as follows:

(a)

Words used in the present tense include the future tense; words in the singular number include the plural, and the plural number includes the singular unless the obvious construction and context of the wording indicates otherwise;

(b)

The word "shall" is a mandatory requirement; the words "may" and " should" are permissive requirements;

(c)

The word/"lot" includes the words plot, parcel, premises, site.

(d)

The word/"includes" does not limit a term to the specified examples, but is intended to extend the term's meaning to all other instances or circumstances of like kind, character, or class;

(e)

The phrase/"used for" includes the phrases arranged for, designed for, intended for, maintained for and occupied for;

(f)

The terms "land use" and "use of land" shall be deemed also to include building use and use of building;

(g)

The word "adjacent" means nearby and not necessarily contiguous; the words abutting or contiguous mean touching and sharing a common point or line;

(h)

The word "person" includes individuals, partnerships, corporations, clubs or associations;

(i)

Any reference to "this ordinance" or "this chapter" shall mean the zoning ordinance.

(j)

References to sections of the Code of Virginia or the York County Code are applicable as of the effective date of this chapter. Subsequent changes to those sections, including renumbering, shall be deemed to be incorporated herein, mutatis mutandis.

(k)

Any references to Metric (SI) units shall be disregarded and English units shall be used and shall control for all dimensional requirements in this chapter.

(l)

References to supplementary documents, publications or regulatory materials shall be deemed to include any subsequent amendments, re-printings, updates or replacement volumes.

(Ord. No. 08-17(R), 3-17-09)

Abandoned inactive borrow pit. An area of land which has been disturbed by surface mining or excavation and which has not been reclaimed or restored and in which mining activity is not currently underway and is not authorized to be reestablished by the terms of a valid use permit.

Accessory apartment. See Dwelling, Accessory unit.

Accessory structure. A subordinate structure detached from a principal structure, but located on the same lot, the use of which is incidental and subordinate to that of the principal structure or use.

Accessory use. A use of land or of a building, or portion thereof, incidental and subordinate to the principal use of the land or building and located on the same lot with such principal use.

Administrative permit. A permit which may be issued by the zoning administrator for certain types of uses identified in this chapter upon demonstration of compliance with all applicable standards, criteria and procedures for issuance as established herein.

Agriculture. The use of land for a bona fide agricultural operation involving the production for sale (but not the processing) of plants, animals, and agricultural products useful to man and including tilling of the soil, the raising of crops, horticulture, the keeping of agricultural animals and fowl, dairy and poultry operations, or any other similar and customary agricultural activity, but, for the purposes of this chapter not aquaculture, and including the customary accessory uses, among which may be a single-family detached residence, and accessory equipment normally associated with agricultural activities. Fruit, vegetables, eggs and honey are deemed agricultural products only prior to processing of any kind other than washing.

Aisle, traffic. The traveled way by which cars enter and depart spaces in parking lots.

All-weather surface. A surface which is passable in all weather conditions and is designed to support all reasonably anticipated loads in all weather conditions. An all-weather surface may be either pervious or impervious, however, it must not produce dust.

Alteration. As applied to a building or structure, means a change or rearrangement in the structural parts or in the means of egress, or an enlargement, whether by extending on a side or increasing in height, or moving of a building or structure from one location or position to another.

Amusement arcade. A building or part of a building in which five (5) or more pinball machines, video games, or other similar player-operated amusement devices are maintained.

Animal, agricultural. All livestock and poultry.

Animal, boarding establishment. A place or establishment other than a pound or animal shelter where companion animals not owned by the proprietor are sheltered, fed, and watered in exchange for a fee.

Animal, companion. Any domestic or feral dog, domestic or feral cat, nonhuman primate, guinea pig, Vietnamese potbellied pig, hamster, rabbit not raised for human food or fiber, exotic or native animal, reptile, exotic or native bird, or any feral animal or any animal under the care, custody, or ownership of a person or any animal which is bought, sold, traded, or bartered by any person. Agricultural animals, game species, or any animals regulated under federal law as research animals shall not be considered companion animals.

Animal dealer. Any person who in the regular course of business for compensation or profit buys, sells, transfers, exchanges, or barters companion animals. Any person who transports companion animals in the regular course of business as a common carrier shall not be considered a dealer.

Animal pound. A facility operated by the Commonwealth, or any political subdivision, for the purpose of impounding or harboring seized, stray, homeless, abandoned, or unwanted animals; or a facility operated for the same purpose under a contract with any county, city, town, or incorporated society for the prevention of cruelty to animals.

Animal shelter. A facility which is used to house or contain animals and which is owned, operated, or maintained by a duly incorporated humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection, and humane treatment of animals.

Antenna. Any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves external to or attached to the exterior of any building.

Aquaculture. The propagation, rearing, enhancement, and harvest of aquatic organisms (including but not limited to shellfish) in controlled or selected environments, conducted in marine, estuarine, brackish, or fresh water. Aquaculture also includes the land-based and pier-based aspects of aquaculture, including but not limited to shellfish aquaculture, conducted off-shore in marine waters, including but not limited to the docking of workboats, the off-loading of seafood, the on-land storage and maintenance of associated cages, floats, equipment, supplies and other materials, and their transfer from land to boat or boat to land.

Aquaculture facility. Any land, structure, or other appurtenance that is used for aquaculture, including any laboratory, hatchery, pond, raceway, pen, cage, incubator, or other equipment used in aquaculture.

Arborist. An individual trained in arboriculture, forestry, landscape architecture, horticulture, or related fields and experienced in the conservation and preservation of native and ornamental trees. This definition shall also incorporate the term urban forester.

Architect. An individual licensed by the Commonwealth of Virginia to practice architecture.

Architect, landscape. An individual certified by the Commonwealth of Virginia to practice landscape architecture.

Area of influence. (also referred to as service or trade area) The area from which a land use draws its customers or users or from which it can be reasonably expected to draw.

Automobile graveyard. An operation involving the dismantling or wrecking of used motor vehicles or trailers, or the storage, sales, or dumping of dismantled or wrecked vehicles or their parts. The presence on any lot or parcel of land of two or more motor vehicles, which, for a period exceeding thirty (30) days, have not been capable of operating under their own power and from which parts have been removed for reuse or sale, shall constitute prima-facie evidence of an automobile graveyard.

Automobile storage lot. An operation involving the temporary storage (typically ninety (90) days or less) of operable motor vehicles. This shall specifically include vehicle impound areas.

Average daily traffic (ADT). The average number of vehicles per day which pass over a given point on a roadway.

Battery energy storage facilities. A facility containing a system consisting of one or more electrochemical storage batteries, inverters, battery management systems, cooling systems, fire suppression, and other associated infrastructure that stores electrical energy for use at a later time.

Bed and breakfast inn. A dwelling in which, for compensation, breakfast and overnight accommodations are provided for transient guests.

Berm. A mound of earth used to shield, screen, or buffer views, separate land uses, provide visual interest, decrease noise, or control the direction of water or traffic flow.

Best management practice (BMP). A practice, or combination of practices, that is determined by a state or the Hampton Roads Planning District Commission to be the most effective, and practicable means of preventing or reducing the amount of pollution generated by nonpoint sources to a level compatible with water quality goals.

Bikeway. A transportation facility designed to safely accommodate bicycle traffic. As defined in the comprehensive plan, bikeways are subdivided into three (3) general classes:

• Class I—bikeway is physically separated from the roadway by open space, a physical barrier, or both.

• Class II—bikeway is a designated and marked lane immediately adjacent to the travel lanes of a roadway.

• Class III—bikeway shares travel lanes of a roadway with other vehicles. Lanes may be wider to accommodate cyclists, but no specific lane designations are made.

Billboard. A sign that identifies or communicates a commercial or noncommercial message related to an activity conducted, a service rendered, or a commodity sold at a location other than where the sign is located.

Board. The Board of Supervisors of York County, Virginia.

Boarding or lodging house. A dwelling other than a hotel, motel, bed and breakfast inn, or tourist home where, for compensation, meals or lodging are provided for three (3) or more nontransient guests.

Boathouse. An accessory structure which is constructed either wholly or partially over a body of water and which is designed primarily to provide shelter for water craft or for marine related equipment.

Borrow Pit. See Surface mine.

Bottom ash. Particulate matter, resulting from the burning of pulverized coal or other fossil fuel, which is collected from the floor of a boiler, furnace or combustion chamber.

Buffer. An area, fencing, landscaping, or a combination thereof which is used to separate one use from another or to shield or block noise, lights, glare, pollutants or other potential or actual nuisances.

Building. Any structure having a roof supported by columns or walls, including modular and prefabricated buildings, which is used for the shelter, housing, or enclosure of persons, animals, or chattels. Unless specifically exempted, all buildings must be constructed in accordance with all applicable provisions of the Virginia Uniform Statewide Building Code.

Building height. For the purposes of determining compliance with the maximum building height limits set forth in the various zoning districts established by this chapter, building height shall be measured, unless otherwise noted, as the vertical distance to: the highest point of the roof for flat roofs; to the deck line of mansard roofs; and to the mid-point between the eaves and the ridge for gable, hip, and gambrel roofs, measured from the curb level if the building is not more than ten feet (10') from the front lot line or from the average grade surrounding the structure in all other cases. In other instances where building or structural height is stipulated or addressed, "height" shall be measured to the roof ridgeline for gable, hip and gambrel roofs, to the highest part of the roof for other roof systems, and to the highest part of other structures, with all such measurements to be taken from the curb or from average grade, as provided in the preceding sentence.

Caliper. The diameter of a tree trunk measured six inches (6") above ground level for nursery stock and four and one-half feet (4½') above ground level for all other trees.

Campground. An area or tract of land on which accommodations for temporary occupancy are located or may be placed, including cabins, tents, and major recreational equipment, and which is primarily used for recreational purposes and is operated in accordance with all applicable health department regulations for campgrounds.

Casino. An establishment where casino games, such as baccarat, blackjack, twenty-one, poker, craps, dice, slot machines, roulette wheels, Klondike tables, Mah Jong, electronic table games, hybrid table games, punchboards, faro layouts, numbers tickets, push cards, jar tickets, or pull tabs, or any variation of the aforementioned games, and any other activity that is defined by the Virginia Lottery Board as a wagering game or device, are conducted and licensed as provided in the Code of Virginia.

Catering kitchen. A facility in which food is prepared and cooked in quantity and then transported from the premises by the caterer for off-premises serving and consumption at special events, receptions, parties, or similar activities.

Cemetery. Means any land or structure used or intended to be used for the interment of human remains. The sprinkling of ashes or their burial in a biodegradable container on church grounds or their placement in a columbarium on church property shall not constitute the creation of a cemetery. For the purposes of this chapter, all uses necessarily or customarily associated with internment of human remains, benches, ledges, walls, graves, roads, paths, landscaping and soil storage shall be considered part of the allowable "cemetery" use.

Certificate of occupancy. A document issued by the county pursuant to the Virginia Uniform Statewide Building Code permitting the occupancy or use of a building.

Child care center. A facility operated for the purpose of providing care, protection and guidance to a group of children separated from their parents or guardians during a part of the day only, and operated in accordance with the provisions of section 63.2-1700, et seq., Code of Virginia.

Clear-cutting. The removal of more than twenty-five percent (25%) of the trees, shrubs, or undergrowth from a site with the intention of preparing real property for nonagricultural development purposes. This definition shall not include the selective removal of non-native tree and shrub species when the soil is left relatively undisturbed, removal of dead trees, or normal mowing operations.

Clinic or emergency care center. An establishment where persons who are not lodged overnight are admitted for examination and treatment by a group of physicians or similar professionals practicing together.

Cluster subdivision. A form of residential development that concentrates dwellings in a specified area with a corresponding reduction in lot area and dimension requirements in order to allow the remaining land area to be devoted to perpetual common open space which may be used for recreation, both active and passive, and the preservation of environmentally sensitive areas. (See Figure I-1 in Appendix A.)

Code. Wherever the term "Code" is used, without further qualification, it shall mean the Code of the County of York, Virginia, as designated in section 1-1.

Commission. The York County Planning Commission.

Community center. A meeting place, either a building or a complex of buildings, used for recreational, social, educational and cultural activities.

Comprehensive plan. The York County Comprehensive Plan including all elements thereof and such elements as may hereafter be adopted in accordance with the provisions of section 15.2-2223, et seq., Code of Virginia.

Concession stand, information booth, display booth. A temporary structure established as an accessory use to a special event or celebration and from which items are sold or displayed.

Condominium. A building or group of buildings in which units are owned individually and the structure, common areas and facilities are owned by all the owners on a proportional, undivided basis and which has been created by the recordation of condominium instruments pursuant to the provisions of chapter 4.2 of title 55, Code of Virginia.

Condominium association. The community association which administers and maintains the common property and common elements of a condominium.

Conservation easement. An easement granting a right or interest in real property that is appropriate to retaining land or water areas predominantly in their natural, scenic, open, or wooded conditions; retaining such areas as suitable habitat for fish, plants, or wildlife; or maintaining existing land uses.

Contractor. Any person, firm, association, or corporation that for a fixed price, commission, fee or percentage undertakes to bid upon, or accepts, or offers to accept, orders or contracts for performing or superintending in whole or in part, the construction, removal, repair or improvement of any building or structure permanently annexed to real property owned, controlled or leased by another person, or any other improvements to such real property including but not limited to clearing, grading or excavation.

Contractor's shops and storage yards. Facilities and areas which are customarily used by contractors for storage of supplies, materials or equipment, fabrication, assembly or repair of materials or equipment, or places for vehicular and equipment storage.

Convenience store. A store offering for sale a limited selection and quantity of groceries and other articles normally found in grocery stores, and which may also offer delicatessen or fast-food items, and whose business is mostly dependent on quick stops by its customers. A convenience store operation may also include self-service gasoline sales when in accordance with all applicable requirements of this chapter.

Convent/Monastery. A facility housing a group of individuals devoted to a religious life and existence, such as a group of monks, friars, or nuns, and in which the inhabitants live in a communal manner as a single residential unit with various shared facilities such as, but not necessarily limited to, cooking and meal preparation.

Conventional subdivision. The subdivision of a lot in accordance with both the lot size and dimension standards specified for the district in which located and the subdivision ordinance.

County. The word "county" shall mean the County of York in the State of Virginia unless otherwise designated.

County administrator. The county administrator of York County, Virginia, as appointed by the board, or his or her designee.

County attorney. The county attorney of York County, Virginia, as appointed by the board.

Court or plaza. An open, uncovered space, other than a yard, which may or may not have direct street access, and around which is arranged a single building or a group of related buildings.

Cul-de-sac. A minor street with only one (1) outlet and having an adequate turn-around at its terminus for the safe and convenient reversal of traffic movement.

Cut. A portion of the land surface or area from which earth has been or will be removed by excavation.

Data Center. An establishment engaging in the storage, management, processing, and/or transmission of digital data, and housing computer equipment, network equipment, systems, servers, appliances, and other associated components related to digital data operations.

Density. The number of dwellings per unit of land.

• Gross density. Gross density is calculated by including all the land within the boundaries of a particular tract, parcel or area.

• Net density. Net density is calculated by excluding certain areas such as streets, easements, water areas, lands with environmental constraints, and such other areas as are specifically described in section 24.1-203.

Design hour. The peak traffic situation on a given street or at a given intersection expected to occur within a one-hour period during a typical day in the year a development is scheduled to be completely developed.

Design year. The year in which a development project is anticipated to be completely constructed and occupied, or twenty (20) years from initial development, whichever shall be later.

Detention basin. A manmade or natural water impoundment designed to collect surface and subsurface water in order to impede its flow and to release it gradually, at a rate not greater than that existing prior to the development of the property, into natural or manmade outlets or channels. Also referred to as a "dry pond."

Developer. The legal or beneficial owner or owners of a lot or of any land included in a given development including the holder of an option or contract to purchase, or other persons having an enforceable proprietary interest in such land.

Development. The division of land into two or more parcels, or the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation, landfill, paving, grading, filling or land disturbance, or any use or extension of the use of land; provided however, as stipulated by Section 15.2-2201 of the Code of Virginia, the term shall not be construed to include any tract of land which will be principally devoted to agricultural production.

District or zoning district. A classification set out in this chapter and defined by a prescribed set of requirements and regulations which, when applied to a portion or portions of the county, uniformly governs the use of land and buildings within such areas.

Drainage. The removal of surface water or groundwater from land by drains, ditches, piping, grading, or other means.

Drainage facility. Any component of a drainage system.

Drainage structure. Any manmade component of a drainage system.

Drainage system. A system through which water flows from land, including all drainage structures, drainage facilities, watercourses, waterbodies and wetlands.

Drive-in establishment. An establishment which by design, physical facilities, service, or by method of sale encourages or permits customers to receive services, obtain goods, or be entertained while remaining in their motor vehicles.

Dry-Cleaning/Laundry (retail): An apparel service establishment of less than 7,500 square feet in floor area that offers laundry and dry-cleaning service primarily to retail customers who bring their clothing and other articles to the premises. The establishment may include on-premises laundering and dry-cleaning equipment. In addition to servicing walk-in retail customers, the establishment may also include laundering/dry-cleaning of articles delivered from other drop-off locations.

Dry-Cleaning/Laundry Plant (institutional): Any establishment that:

(i)

has in excess of 7,500 square feet in floor area engaged in laundering and dry-cleaning services; or

(ii)

is engaged primarily in providing on-premises laundering and dry-cleaning services for large commercial or institutional accounts. This type of operation is also characterized by extensive truck traffic.

Drugstore. A pharmacy where the sale of non-drug, non-proprietary medications and other nonpharmaceutical items constitutes a portion of the retail business.

Dwelling. A building or portion thereof designed or used for residential purposes, but not including hotels, motels, motor lodges, tents, travel trailers, recreational vehicles, or similar accommodations.

Dwelling, modular. A type of single-family detached dwelling unit which is constructed in units which are movable, but not designed for regular transportation on highways, and which are designed to be constructed on and supported by a permanent foundation and not by a chassis (i.e., supporting rails) permanently attached to the structure and which meet the requirements of the Virginia Uniform Statewide Building Code. Structures constructed in accordance with the terms of the Virginia Industrialized Building Safety Regulations shall not be deemed "modular units" if they include a permanently attached chassis (i.e., supporting rails). If such chassis system can be removed and the unit can be supported by a permanent foundation meeting the requirements of the Virginia Uniform Statewide Building Code, then it shall be deemed a "modular unit."

Dwelling, multi-family. A building or building arrangement consisting of two (2) or more dwelling units on a single lot.

Dwelling unit. A single unit of one or more rooms providing complete, independent living facilities for one family, including permanent provisions for living, sleeping, cooking, and sanitation.

• Dwelling, accessory unit/apartment. A separate and complete housekeeping unit which provides complete and independent living, sleeping, and sanitation facilities, and which may or may not include permanent cooking facilities. Such unit may be contained within or outside of a primary residence but is clearly secondary to a primary single-family dwelling located on the same lot. When in a detached structure, the presence of a habitable room or rooms, as defined by the Virginia Uniform Statewide Building Code, including a living area and a bathroom with sink, toilet and tub or shower shall be considered to constitute an accessory apartment. When such habitable space is a part of the principal structure on the property, the presence of an independent entrance, a bathroom with sink, toilet, and tub/shower, and physical separation (by walls or floors) from the principal residence shall be deemed to constitute an accessory apartment.

• Dwelling, single-family attached. A row or combination of at least two one-family dwelling units constructed in accordance with the terms of the Virginia Uniform Statewide Building Code, with each unit having separate outside access, each unit separated from any other unit by one or more common fire-resistant walls, and each unit located on a separate lot. The term "single-family attached" includes the following types of dwellings:

• Duplex. A one-family dwelling unit attached to one other one-family dwelling unit by a common vertical fire-resistant wall with each dwelling unit located on a separate lot.

• Multiplex. A one-family dwelling unit in a combination (back-to-back, side-to-side, or back-to-side) of at least three such units with each unit having at least two exterior walls, each unit separated from any other by common fire-resistant walls, and each unit located on a separate lot.

• Townhouse. A type of multiplex unit, in a row of at least three such units, with each having its own front and rear or side access to the outside, each unit separated from any other by common fire-resistant walls, and each unit located on a separate lot.

• Dwelling, single-family detached. A one-family dwelling unit which is surrounded on all sides by yards or other open space located on the same lot and which is not attached to any other dwelling by any means. Such units shall be constructed in accordance with the terms of the Virginia Uniform Statewide Building Code and may include "modular units" if consistent with the definition and standards contained in this chapter.

Easement. A grant by one property owner to another, evidenced by a deed recorded with the clerk of the circuit court, of the right to use the described land for a specific purpose.

Engineer. An individual licensed by the Commonwealth of Virginia to engage in the practice of engineering.

Environmental constraints. Features, natural resources, or land characteristics that are sensitive to development activities or installation of improvements and may require conservation measures or the application of creative development techniques to prevent degradation of the environment when developed.

Environmentally sensitive areas. Areas with one (1) or more of the following characteristics:

• slopes in excess of twenty percent (20%);

• 100-year floodplains;

• tidal or nontidal wetlands;

• land formerly used for landfill operations or hazardous industrial or commercial use; or

• Chesapeake Bay Preservation Areas

Erosion. The detachment and movement of soil or rock fragments, or the wearing away of the land surface by water, wind, ice, or gravity.

Family. An individual, or two (2) or more persons related by blood, marriage or adoption, or a group of not more than four (4) unrelated persons, occupying a single dwelling unit. For purposes of single-family residential occupancy, and in accordance with Section 15.2-2291.A. of the Code of Virginia, the term also shall be deemed to include no more than eight (8) individuals with mental illness, intellectual disability, or developmental disabilities, together with one (1) or more resident or nonresident staff persons, living in a residential facility for which the Department of Behavioral Health and Developmental Services is the licensing authority pursuant to the Code of Virginia. Mental illness and developmental disability does not include current illegal use of or addiction to a controlled substance as defined in section 54.1-3401, Code of Virginia.

In addition, in accordance with Section 15.2-2291.B. of the Code of Virginia, the term family shall be deemed to include no more than eight (8) individuals who are aged, infirm or disabled, together with one or more resident counselors or other staff persons, living in a residential facility for which the Department of Social Services is the licensing authority pursuant to the Code of Virginia.

Farmer's market. A place where farmers or other people who are engaged in truck farming gather regularly for the purpose of selling produce, goods and crafts produced at their farms. The sale of seafood is included in this definition.

Fill. The portion of land surface or area into which sand, gravel, earth, or other material is deposited to raise the elevation above the natural grade.

Fire department. The York County Fire and Rescue Service.

Fire flow. The flow of water in pipes at a rate and time duration necessary for fire suppression purposes.

Flag lot. (See Lot types.)

Flea market. An open area in which stalls or sales areas are set aside and rented or otherwise provided, and which are intended for use by various unrelated individuals to sell articles that are either homemade, homegrown, handcrafted, old, obsolete, or antique and may include the selling of goods at retail by businesses or individuals who are generally engaged in retail trade. This definition shall not be construed to include sidewalk sales by retail merchants, fruit or produce stands, bake sales, or garage, yard or rummage sales held in conjunction with and incidental to residential uses or sponsored and conducted by religious, civic or charitable organizations on their own property.

Floodplain. (See section 24.1-373).

Fly ash. Fine particulate matter resulting from the burning of pulverized coal or other fossil fuel which is collected from flue gases.

Food truck park. A permanent arrangement of parking, seating, and restroom facilities on a lot designed and approved for the temporary location and operation of two or more mobile food vending vehicles (food trucks).

Forest management plan. A written plan for the operation of a forest or woodland property utilizing accepted professional forestry principles which records data and prescribes measures designed to provide for the optimum use of all forest resources.

Forestry. The development or maintenance of a forest or woodland area under a forest management plan. Included are establishments engaged in the operation of timber tracts, tree farms, forest nurseries, the gathering of forest products, or other silvicultural activities.

Fowl. Any domesticated or wild gallinaceous birds such as chickens, turkeys, grouse, pheasants and partridges.

Frontage. The distance along which a lot abuts a legally accessible street right-of-way.

Full cut-off luminaire. An outdoor lighting fixture shielded in such a manner that all light emitted by the fixture, either directly from the lamp or indirectly from the fixture, is projected below the horizontal plane defined by the fixture.

Geodetic control network. A system of survey monuments whose precise positions have been established and from which additional surveys can be derived. The geodetic control network in York County has two components:

• Primary network. A system of one hundred thirty (130) survey monuments located throughout the county, the precise positions and elevations of which have been established by rigorous ground and global positioning surveys, and which are fully referenced to the Virginia Coordinate System of 1983 (South Zone) and the 1983 North American Datum.

• Secondary network. A system of survey monuments located in and on subdivision boundaries and rights-of-way, the positions of which have been established by ground surveys.

Glare. A sensation of brightness within a person's visual field sufficient to cause annoyance, discomfort, distraction or loss of visual performance and visibility.

Government office. Any room, clinic, suite or building wherein the primary use is to conduct York County business such as accounting, correspondence, editing, enforcement, research, administration, analysis or maintenance operations. Included within this definition shall be the health department, social services department, school board administration and other similar functions and agencies.

Grade. The average of the finished ground level measured along a line ten feet (10') [3m] from all sides of the building.

Grocery store. A retail establishment primarily selling food as well as other convenience and household goods.

Group home. A dwelling unit shared by more than four (4) unrelated disabled persons who live together as a single housekeeping unit which does not qualify as a "family" as defined in this chapter, and in which resident or non-resident staff persons provide or facilitate care, education, and participation in community activities for the residents with the primary goal of enabling persons who are intellectually, developmentally or physically disabled, or who because of age or physical infirmity, require the protection or assistance of a group setting, to live as independently as possible in order to reach their maximum potential, and for which the Virginia Department of Behavioral Health and Development Services or the Virginia Department of Social Services is the licensing authority. As used herein, the term "disabled" shall mean having:

• A physical or mental impairment that substantially limits one or more of a person's major life activities so that such person is incapable of living independently; or

• A record of having such an impairment; or

• Being regarded as having such an impairment.

"Disabled" shall not, however, include current illegal use of or addiction to a controlled substance, nor shall it include any person whose residency in the home would constitute a direct threat to the health and safety of other individuals. The term "group home" shall not include detention facilities operated under the standards of the Department of Juvenile Justice, nursing homes, alcoholism or drug treatment centers, work release facilities for convicts or ex-convicts, or other housing facilities serving as an alternative to incarceration or where the residents are under the supervision of a court.

Hardware Store. A facility of 30,000 or fewer square feet gross floor area, engaged in the retail sale of various basic hardware lines, such as tools, builders' hardware, plumbing and electrical supplies, paint and glass, housewares and household appliances, garden supplies and cutlery; if greater than 30,000 square feet, such a facility is a "Home Improvement Center."

Health department. The Commonwealth of Virginia Department of Health or an authorized official thereof.

Helipad. An area, either at ground level or elevated on a structure, licensed or approved for the landing and takeoff of helicopters and any vertical takeoff and landing craft.

Heliport. A helipad including auxiliary facilities such as parking, waiting room, fueling and maintenance equipment.

Highway or roadway capacity. The maximum number of vehicles that can be expected to travel over a given section of roadway or a specific lane during a given time period under prevailing roadway conditions and prevailing traffic patterns and conditions.

Home Improvement Center. A facility of more than 30,000 square feet gross floor area, engaged in the retail sale of various basic hardware lines, such as tools, builders' hardware, plumbing and electrical supplies, paint and glass, housewares and household appliances, garden supplies, and cutlery.

Home occupation. An accessory use of a dwelling unit or the property upon which it is located by the occupant of the dwelling for or with the intent of gainful employment involving the provision of goods or services.

Hospital, general care facility. An institution rendering medical, surgical or obstetrical care on an inpatient or outpatient basis.

Hotel. A facility offering transient lodging accommodations to the general public and frequently providing additional services such as meeting rooms, restaurants, entertainment, and recreational facilities.

Household pet. Animals that are typically and customarily kept for company or pleasure in the house or yard including: domesticated rabbits; hamsters; ferrets; gerbils; guinea pigs; Vietnamese potbellied pigs; pet mice and pet rats; turtles; fish; dogs; cats; birds such as canaries, parakeets, doves and parrots; non-poisonous spiders; chameleons and similar lizards; and non-poisonous snakes. Agricultural animals, game and wild species or hybrids thereof, poisonous snakes, or animals regulated under federal law as research animals shall not be considered as household pets.

Impervious surface. A surface composed of any material that significantly impedes or prevents natural infiltration of water into the soil. Impervious surfaces include but are not limited to: roofs, buildings, decks, streets, parking areas, and any concrete, asphalt or compacted aggregate surface.

Improvements. All public and quasi-public utilities and facilities including streets, sanitary sewers, waterlines, stormwater management and erosion control facilities, monuments, signs, sidewalks, streetlights, and all other similar features required by this chapter.

Industrial park. A comprehensively planned and unified, industrially oriented development containing at least two (2) separate buildings on at least five (5) acres and protected by covenants and restrictions designed to control such things as architectural design or building façades, landscaping, screening, buffering, and environmental protection. Industrial parks typically have a mixture of industrial, service, office, and commercial activities and are designed to incorporate aesthetic and service amenities for the employees and patrons of the uses located within the park.

Infiltration yard. An area which is designed and located to allow stormwater runoff to filter through it and to take advantage of the natural absorption and filtering qualities of the soil and vegetation, thereby reducing the volume and rate of total stormwater runoff and impacts on water quality.

In-fill development. The development of small, scattered vacant sites which are surrounded or essentially surrounded by existing development and which because of location, configuration, access requirements, adjacent development patterns, or similar characteristics, may necessitate special consideration during the development process.

Junk. Old, dilapidated, discarded or scrap copper, brass, plastic, rope, rags, furniture, beds and bedding, batteries, bottles, glass, appliances, paper, trash, rubber, debris, building material waste, tools, implements, dismantled or wrecked automobiles, or parts thereof, iron, steel and other old or scrap ferrous or nonferrous material.

Junkyard. An establishment or place of business which is maintained, operated or used for storing, keeping, buying or selling junk or for the maintenance or operation of an automobile graveyard.

Kennel, commercial. Any land or structure in which canines, felines, or hybrids of either, are kept for the purpose of breeding, hunting, or training, renting, buying, boarding, selling or showing.

Kennel, private. Any land or structure used for the keeping, breeding, or care of five (5) or more canines, felines, or hybrids of either, which are over six months of age and which belong to the owner of the premises and which are kept for the purpose of showing, hunting, or as household pets.

Landscape yard. A designated area within which trees, plants and lawns are cultivated and also including other natural materials such as rock, wood chips, mulch, and decorative features, including sculpture, trellises, fountains and pools, and walkways.

Landscaping. The improvement of a lot or parcel with grass, groundcovers, shrubs, trees, other vegetation or ornamental objects. Landscaping may include earthforms, flower beds, ornamental objects such as trellises or fountains and other natural features.

Land surveyor or surveyor. An individual certified and licensed by the Commonwealth of Virginia to engage in the practice of land surveying.

Level of service (LOS). A set of criteria which describes the degree to which an intersection, roadway, lane configuration, weaving section or ramp serves peak period or daily traffic.

Livestock. Includes all domestic or domesticated animals that are typically characterized as farm animals including without limitation horses, ponies, bison (American buffalo), cattle, sheep, goats, alpacas, llamas, poultry, or other similar animals specifically raised for food or fiber, except household pets. Vietnamese potbellied pigs (sus scrofa vittatus) which are kept as household pets are excluded from this definition.

Loading space, off-street. A space within a main building or on the premises which provides for the standing, loading, or unloading of trucks or other delivery vehicles, and including any area necessary for ingress and egress.

Lot. A unit, division, or piece of land, generally created as a result of the subdivision of property. The term is synonymous with plot, parcel, premises, and site.

Lot area. The total computed area of a lot as defined by the closure of the rear, side and front lot lines.

Lot depth. The depth of a lot shall be the average distance between the front and rear lot lines.

Lot line. A line dividing one lot from another lot or from a street or alley. (See Figure I-2 in Appendix A)

Lot line, front. Any street or right-of-way line, whether public or private, which forms the boundary of a lot or such other property boundary as determined to be a "front lot line" by the zoning administrator pursuant to the terms of article II, General Regulations, of this chapter.

Lot line, rear. The lot line or lines opposite and most distant from and most nearly parallel to the front lot line; or in the case of triangular or otherwise irregularly shaped lots, a line ten feet (10') in length entirely within the lot, parallel to and at a maximum distance from the front lot line. The rear lot line on corner, through and flag lots shall be such line as determined in accordance with the procedures set forth in article II of this chapter.

Lot line, side. Any lot line other than a front or rear lot line, as defined herein.

Lot of record. Any lot created by recordation of a plat in the office of the clerk of the circuit court provided that:

• Such lot and plat complied fully with all zoning and subdivision regulations in effect at the time of such recording; or

• Such lot or plat was not in conformance with the regulations contained in the zoning ordinance or subdivision ordinance at the time of said recordation, but has become conforming by subsequent amendment of said regulations.

Lot types. (See Figure I-3 in Appendix A)

• Corner lot. A lot abutting two (2) or more streets at their intersection, or upon two (2) parts of the same street forming an interior angle of less than one hundred thirty-five degrees (135º).

• Interior lot. A lot other than a corner lot.

• Flag lot. A lot which does not abut a public street other than by its driveway or other strip of land not meeting the required minimum frontage standards.

• Reverse frontage lot. A through lot from which access is not available or permitted from one of the parallel or nonintersecting streets upon which it fronts. Such limitations on access are intended primarily to prevent congestion and safety hazards on arterial streets as defined in the subdivision ordinance.

• Through lot. An interior lot abutting two or more streets.

Lot width. The width of a lot shall be determined as follows (See Figure I-2 in Appendix A):

• If the side lot lines are parallel, the distance between these side lines, measured perpendicularly at the minimum required front yard setback line for the district in which located;

• If the side lot lines are not parallel, the width of the lot shall be the length of a line measured at right angles to the axis of the lot at a point which is equal to the required minimum front yard setback for the district in which located. The axis of a lot shall be a line joining the midpoints of the front and rear lot lines.

Main-line utilities. Within each type of utility system, such as sewer, gas, or water, the principal artery or arteries of the system to which individual lots or buildings may be connected.

Manufacturing. Mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the manufacturing of products, and the blending of materials.

Manufactured home. A structure subject to federal regulatory standards (42 U.S.C. section 5401, the National Manufactured Home Construction and Safety Standards Act), which is transportable in one (1) or more sections; is eight feet (8') or more in width with a body forty feet (40') or more in length in traveling mode, or is three hundred twenty (320) or more square feet when erected on site; is built on a permanent chassis; is designed to be used as a single-family dwelling, with or without a permanent foundation, when connected to the required utilities; and includes the plumbing, heating, air-conditioning, and electrical systems contained in the structure. For the purposes of this chapter, a manufactured home shall not be deemed a single-family detached dwelling or a modular dwelling unit, nor shall the term be construed as including "park model recreational vehicles" with such vehicles being defined as: (i) designed and marketed as temporary living quarters for recreational, camping, travel, or seasonal use; (ii) not permanently affixed to real property for use as a permanent dwelling; (iii) built on a single chassis mounted on wheels; and (iv) certified by the manufacturer as complying with the American National Standards Institute (ANSI) A119.5 Park Model Recreational Vehicle Standard. Any transportable factory-built dwelling unit constructed prior to the enactment of Home Construction and Safety Standards Act of 1974 or which does not meet such standards together with any manufactured home which has been modified to the extent that it is no longer capable of use for residential occupancy purposes or which has had factory installed appliances removed rendering the unit uninhabitable, shall be deemed a trailer for the purposes of this chapter.

Manufactured home park. A parcel of land with necessary improvements and utilities which is designed to accommodate two (2) or more manufactured homes on individual spaces but without transfer of title to such spaces.

Manufactured home subdivision. A subdivision designed and developed in accordance with all applicable requirements of the R7—Manufactured Home Subdivision District—of this chapter and in which individual lots are available for placement of manufactured homes and transfer of title.

Marina. A facility designed for docking, storing, servicing, berthing, fueling or repairing of primarily recreational boats and which may include accessory restaurant and retail facilities. Marinas may include in-water berths/slips which are covered or uncovered, dry berths/slips for boat storage on land, either indoors or outdoors, and provisions for transfer of boats to and from the water by means of ramps or mechanical equipment.

Microbrewery/micro-distillery/micro-winery/micro-cidery. A facility for the small-scale production and packaging of alcoholic beverages/spirits of the following types and quantities for distribution, retail or wholesale, on or off the premises: beer (not more than 15,000 barrels per year), distilled spirits, wine, or alcoholic cider (not more than 20,000 gallons per year). Permitted accessory uses shall include retail sales, tasting rooms for beverages produced on-site, restaurants, reception halls, and live entertainment as otherwise permitted in the zoning district.

Mini-storage warehouse. A type of warehousing consisting of individual, small, self contained storage spaces which may be owned, leased, or rented to individuals. Such facilities may also be known as self-storage warehouses. For the purposes of this chapter, the two types of mini-storage warehouse/self-storage facilities are:

• Single-story: Facilities in which the storage units/cubicles typically are arranged in long, narrow single-story buildings with the majority of the individual units accessed through doors that open directly to the outside.

• Multi-story: Facilities in which the storage units are arranged in a multi-story structure with all of the individual storage units/cubicles accessed through doors that open to interior corridors.

Mixed-use development. Property that incorporates two or more different principal uses (typically residential and commercial) within a single planned development under a single master plan.

Mobile Food Vending Vehicle (Food Trucks)—A self-propelled or towed vehicle licensed by the Department of Motor Vehicles, containing a mobile kitchen in which food and non-alcoholic beverages are stored and prepared, which is not parked on public rights-of-way, and from which menu items are served in individual portions to walk-up customers. The term shall not include vehicles that traverse streets in residential areas to sell and dispense exclusively ice cream and similar frozen dessert products, nor shall it include mobile food concession vehicles (aka "chuck wagons") that travel from construction site to construction site during the course of a day to sell and dispense pre-packaged food items to persons engaged in permitted work being conducted on the site.

Model home display park. A single parcel of land including two (2) or more non-industrialized unit model homes with such units intended for display purposes only and not used residentially. One (one) or more of such model homes may be used as a sales or business office.

Monument or survey monument. A permanent structure or edifice used or installed to mark the position of a survey station.

Motel. An establishment providing transient sleeping accommodations with a majority of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building.

Nightclub. An establishment that offers alcoholic beverages for on-premises consumption, which is open for business after 11:00 p.m., and which also includes an area where patrons can dance to live or recorded music, or a stage or floor area from which live bands or solo artists perform music or entertainment. This term shall also include restaurants and commercial reception halls if they are open for business after 11:00 p.m., serve alcoholic beverages at a bar or at tables, and have a dance floor or performance area as described above. The term shall not include a restaurant in which live, non-amplified musical performances are offered as background entertainment for dining patrons, provided the restaurant does not have a dance floor.

Nonconforming lot. A lawfully created lot of record, the area, dimensions or location of which complied with the regulations in effect at the time of lot creation, but which fails by reason of adoption of or subsequent amendment to this chapter to conform to the present requirements of the zoning district in which located.

Nonconforming structure or building. A lawfully constructed structure or building, the size, dimensions or location of which complied with the regulations in effect at the time of the construction, but which fails by reason of adoption of or subsequent amendment to this chapter to conform to the present requirements of the zoning district in which located.

Nonconforming use. A lawfully established use or activity which complied with the regulations in effect at the time of its establishment, but which fails by reason of adoption of or subsequent amendment to this chapter to conform to the present requirements of the zoning district in which located.

Nursing home. Rest homes, extended care homes, convalescent homes, or similar facilities which are established to render domiciliary or nursing care for chronic or convalescent patients and which are properly licensed by the state, but not including child care homes or facilities for the care of drug addicts, alcoholics, mentally ill or developmentally disabled patients.

Off-track betting establishment. A wagering facility which simulcasts horse, harness or dog racing events for the purpose of pari-mutuel wagering that is licensed by the Commonwealth of Virginia.

Office. The facilities in which the administrative activities, record keeping, clerical work and other similar affairs of a business, profession, service, industry, or government are conducted and, in the case of professions such as dentists, physicians, lawyers or engineers, the facilities where such professional services are rendered.

Office park. A comprehensively planned and unified office oriented development containing at least two (2) separate buildings on at least five (5) acres [2ha] and protected by covenants and restrictions designed to control such things as architectural design, building façades, landscaping, screening, buffering and environmental protection. Office parks typically have a mixture of office, service, professional, and commercial activities and are designed to incorporate aesthetic and service amenities for the employees and patrons of the establishments located within the park.

Open space. An area that is intended to provide light and air, and is designed, depending upon the particular situation, for environmental, scenic or recreational purposes. Open space may include but need not be limited to, lawns, decorative plantings, bikeways, walkways, outdoor active and passive recreation areas, playgrounds, fountains, swimming pools, wooded areas, greenways and water courses. The computation of open space shall not include driveways, parking lots or other surfaces designed or intended for motorized vehicular traffic.

Open space, common. Open space within or related to a development, not a part of individually owned lots or dedicated for general public use, but designed and intended for the common ownership, use and enjoyment of all the residents or property owners of the development.

Outdoor display. A temporary form of advertisement involving the arrangement of representative samples of items offered for sale on the premises of a business establishment in a neat and organized manner.

Outdoor storage. The keeping of any goods or materials, excluding junk or solid waste, outside of a building for a period of time comprising twenty-four (24) continuous hours or more.

Overlay regulations. Requirements, as specified in this chapter, which supplement and apply in addition to those normally applicable in a particular zoning district.

Parcel. A contiguous quantity of land in the possession of or owned by, or recorded as the property of, the same person or persons.

Parcel identification number. A number or series of numbers assigned by the county which uniquely identifies each parcel of land in the county.

Park. Any public or private land available for recreational, educational, cultural, or aesthetic use.

Parking lot. An area not within a building where motor vehicles may be stored for the purpose of temporary, daily, or overnight off-street parking.

Parking, off-street. Space provided for vehicular parking outside the dedicated street right-of-way, and including any area necessary for ingress or egress.

Particulate. Any finely divided solid or liquid material.

Passenger tender vessel. A watercraft that is auxiliary to and services a larger vessel and is used to transport persons between that vessel and the shore. This definition does not include cargo-only support vessels or emergency response vessels.

Payday loan establishment. A place of business engaged in offering small, short-maturity loans on the security of (i) a check, (ii) any form of assignment of an interest in the account of an individual or individuals at a depository institution, or (iii) any form of assignment of income payable to an individual or individuals, other than loans based on income tax refunds. For the purposes of this chapter, such establishments shall not be construed to be "banks" or "financial institutions."

Peak period. (also peak hour) The period or hour in which the heaviest traffic volume occurs on a roadway or within a network.

Performance guarantee. A financial guarantee to ensure that all improvements, facilities, or work required by this ordinance will be completed in compliance with the ordinance, regulations, and the approved plans and specifications of a development.

Personal service establishments. Establishments primarily engaged in the repair, care of, maintenance or customizing of personal properties that are worn or carried about the person or are a physical component of the person, including barber shops, beauty parlors, laundering, cleaning and other garment services, tailors, shoe repair, and similar establishments.

Pet shop. An establishment where companion animals are bought, sold, exchanged, or offered for sale or exchange to the general public.

Pharmacy, professional. An establishment solely devoted to the practice of dispensing drugs, medicines or medical chemicals and the compounding of prescriptions in accordance with State law.

Place of worship. A building or structure, or group of buildings or structures, which by design and construction are primarily intended for the conducting of organized religious services and accessory uses associated therewith. The term "place of worship" is not to be construed in any way to include private residences within which religiously related gatherings are conducted.

Plan approving agent. The individual responsible for the administration of the site plan requirements of this chapter and the approval of said site plans. The zoning administrator or designee shall serve as the plan approving agent.

Planned development. An area approved by the board and planned and developed under a single master plan and containing one (1) or more land uses.

Planting area. The area within which vegetation is installed which provides a sufficient bed to maintain and ensure the survival of trees and other vegetation.

Plat. A plan or map of a tract or parcel of land, meeting the requirements of this chapter and the subdivision ordinance, which is to be or has been subdivided. As a verb, the term is synonymous with subdivide.

Pool House. A detached accessory structure located on a lot containing a single-family detached residential structure and an accessory in-ground swimming pool. Such pool house may contain a bathroom consisting of a sink, toilet and shower, but not a bathtub.

Poultry. All domestic fowl and game birds raised in captivity.

Principal building or structure. A building or structure or, where the context so indicates, a group of buildings or structures, in which the primary use of a lot or parcel is conducted.

Principal use. The primary or main use of land or structures, as distinguished from an accessory use.

Private club. A building and related facilities owned and operated by a corporation, association, or group of individuals established for the fraternal, social, educational, recreational, or cultural enrichment of its members and not primarily for profit, and whose members meet certain prescribed qualifications for membership.

Private school. A school operated by private interests as a substitute for instruction required in state supported public schools.

Property owners association. As defined in section 55-509, Code of Virginia, a property owners association means an incorporated or unincorporated entity upon which responsibilities are imposed and to which authority is granted in a declaration. The term includes homeowners' associations; however, it shall not include condominium, cooperative, timeshare, or membership owners associations.

Public sewer system. A sewer system owned and operated by a municipality, county, service authority or sanitary district.

Public water system. A water system owned and operated by a municipality, county, service authority or sanitary district.

Record drawing. A reproducible document conforming to the marked-up prints, drawings, and other data created after the construction process is complete showing the purported location of work elements and significant changes made during the construction process. Record drawings are based on unverified information provided by parties who are generally assumed reliable.

Recreation area. A classification of open space that includes land areas specifically providing for opportunities for passive and active recreational activities for residents of a development. Recreation areas are set aside and reserved for the common use of the residents of a development. Such areas may include, but are not limited to, tennis courts, swimming pools, athletic fields, picnic areas, golf courses, beaches, boat launching ramps, docks, woodlands, paths, trails, and similar facilities. Except as otherwise provided for herein, recreation areas shall not include balconies, private patios, or any buffer areas not set aside for the convenient use of all residents of a development. Water areas with specific recreational value may be classified as part of a recreation area only with the specific approval of the board of supervisors.

Recreational vehicle. A device, whether or not self-propelled, designed or used for transporting persons or property for or in connection with recreation or pleasure, as distinguished from mere transportation, except that it shall not include bicycles or other vehicles designed to be moved solely by human power. The term shall include, without limitation, motor homes, travel trailers, pickup campers, tent trailers, boats, boat trailers and any device designed or used primarily to be loaded on or affixed to a motor vehicle to provide a mobile dwelling, sleeping place or eating place, temporarily.

Recycling center. A place where waste products are deposited on a relatively large scale to be collected and transported to a facility ultimately for the purpose of reducing them into raw materials and transforming them into new and sometimes different products.

Recycling collection point. An incidental use that serves as a drop-off point for temporary storage of recoverable resources, but where no processing of such items occurs. Such facilities are generally located in shopping center parking lots or in other public or quasi-public areas, such as churches and schools.

Recycling plant. A facility that is not a junkyard and in which recoverable resources, such as newspaper products; glass; metal cans; wood; rubber; and other products, are recycled, reprocessed, and treated to return such products to a condition in which they may again be use for production.

Regional Medical Center. A licensed and Commonwealth of Virginia accredited health care institution, whether public or private, with an organized medical and professional staff and with inpatient beds available around-the-clock whose primary function is to provide inpatient medical, nursing, emergency care and other health-related services to patients for both surgical and nonsurgical conditions and that usually provides some outpatient services. In terms of the emergency care, such centers serve and accept transport of patients from the emergency services departments of three or more jurisdictions/municipalities, including the host jurisdiction.

Repair service establishment. An establishment involved primarily in the repair and general service of common home appliances, household goods, or lawnmowers and gardening equipment; or, establishments involved primarily in interior decorating, reupholstering, or the making of draperies, slipcovers and other similar articles; or such other types of establishments which demonstrate similar impacts, but specifically not including furniture or cabinet-making establishments.

Resort. A hotel or motel that serves as a destination point for visitors. A resort generally provides recreational facilities for persons on vacation. A resort is self-contained and provides personal services customarily furnished at hotels, including the serving of meals. Buildings and structures in a resort complement the scenic qualities of the location in which the resort is situated.

Restaurant, brew-pub. A sit-down restaurant that includes a microbrewery as an accessory use.

Restaurant, drive-in. An establishment that delivers prepared food and beverages to customers in motor vehicles, regardless of whether or not it also serves prepared food and beverages to customers who are not in motor vehicles, for consumption primarily off the premises.

Restaurant, fast food. Any establishment whose principal business is the high volume, high turnover sale of foods or beverages to the customer in a ready-to-consume state for consumption either within the restaurant building or for carry-out with consumption off the premises, and whose design or principal methods of operation include selling food, frozen desserts, or beverages which are usually served in edible containers or in paper, plastic, or other disposable containers.

Restaurant, sit-down. Any establishment, other than a fast-food restaurant, where food and drinks are prepared, served and consumed primarily within the principal building.

Retail sales. The sale of goods, merchandise and commodities for use or consumption by the immediate purchaser.

Retention basin. A pond, pool, or basin used for the permanent storage of water runoff. Also referred to as a "wet pond."

Right-of-way. A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees, or other special use.

Right-of-way, road or street. The total width of land dedicated or reserved for public or restricted travel, including appurtenant facilities located therein, such as pavement, ditches, curbing, gutters, bikeways, sidewalks, shoulders, and sufficient land for the maintenance thereof.

Roadside stand. An accessory use, which may incorporate a structure, that offers for sale farm or garden produce which is grown on the premises.

Roadway geometrics. The alignment, curvature, horizontal and vertical grade, shoulder and drainage structure configuration, and other similar details relative to a roadway or segment thereof.

Sanitary sewer. Pipe conduits used to collect and carry away domestic, commercial or industrial sewage from the generating source to treatment plants. Storm, surface and ground waters are not intentionally admitted into sanitary sewers.

Satellite dish antenna. A device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn, or cornucopia. Such device is used to transmit or receive radio or electromagnetic waves between terrestrially and orbitally based uses. This definition is meant to include but not be limited to what are commonly referred to as satellite earth stations, TVROs (television reception only satellite dish antennas), and satellite microwave antennas.

Scenic easement. An easement, the purpose of which is to limit development in order to preserve a view or scenic area.

School. A facility that provides a curriculum of elementary, middle, or secondary academic instruction, including kindergartens, elementary schools, middle schools, and high schools. Facilities offering General Equivalency Diploma (GED) and other adult and continuing education programs and curricula are also included within this definition.

Screening. The method by which a view of one site from an adjacent right-of-way or another adjacent site is shielded, concealed, or hidden. Screening techniques include fences, walls, hedges, berms, or other features.

Seasonal occupancy. Occupancy of a dwelling unit, timeshare unit, or other accommodation for a limited period of time, typically not exceeding several weeks per calendar year. The occupancy may be in several intervals throughout the year, or in a single block of time, but in no event shall it extend for a period long enough to establish "legal residency" under applicable tax codes or to require registration of children for school attendance.

Seating capacity. The actual seating capacity of an area based upon the number of seats or one seat per eighteen inches (18") [46cm] of bench or pew length. For other areas where seats are not fixed, the seating capacity shall be determined as indicated by the Uniform Building Code.

Secured medical facility. Any institution receiving inpatients and providing general or specialized care for mentally ill or other psychologically impaired patients in a facility which is secured so as to prevent patients from leaving the premises except under supervision or with special permission.

Sedimentation. A deposit of soil that has been transported from its site of origin by water, ice, wind, gravity, or other natural means as a product of erosion.

Self-service ice vending unit. A stand-alone ice production machine that is no larger than eighteen (18) feet in height, ten (10) feet in width, and twenty-five (25) feet in length, and may operate without full-time service personnel. These units are activated by the insertion of money or another form of payment, and ice is bagged automatically or dispensed in bulk to the consumer.

Senior Housing. As permitted by the terms of the Virginia Housing Law, Section 36-96.7 of the Code of Virginia (1950, as amended) and the federal Housing for Older Persons Act of 1995 (HOPA), senior housing or housing for older persons can include: i) that which is provided under any state or federal program that is designed and operated to assist elderly persons, as defined by such program; or (ii) a housing community or facility wherein at least 80% of the units are occupied by at least one person fifty-five (55) years of age or older and wherein none of the residents in the community or facility are under the age of nineteen (19). The requirements of "Housing for Older Persons" as set forth in the Virginia Fair Housing Law and HOPA shall control as to any allowable exemptions to the occupancy rules. The developer, owner, property owners association and/or manager of the housing community or facility shall establish, make available and adhere to policies and procedures which implement the occupancy criteria. Senior housing arrangements may be further distinguished as one or more of the following categories:

• Independent Living Facility: A building or series of buildings containing independent dwelling units intended to provide housing for older persons not requiring health or other services offered through a central management structure/source. The facility may include ownership or rental units and must be subject to appropriate covenants, conditions, management policies or other procedures to ensure that the facility provides only housing for older persons, as defined above.

• Congregate Care Facility: A building or series of buildings containing residential living facilities intended as housing for older persons and which offers the residents of such facility the opportunity to receive their meals in a central dining facility, to receive housekeeping services and to participate in activities, health services, and other services offered through a central management structure/service.

• Assisted Living Facility: A building or series of buildings containing residential living facilities for older persons and which provides personal and health care services, 24-hour supervision, and various types of assistance (scheduled and unscheduled) in daily living and meeting the requirements of Section 63.2-1800, et. seq. of the Code of Virginia (1950), as amended.

• Continuing Care Retirement Community (CCRC). A senior housing development that is planned, designed and operated to provide a full range of accommodations for older persons, including independent living, congregate care and assisted living facilities, and which may also include a nursing home (skilled-care facility) component. Residents may move from one level to another level of housing accommodations as their needs change. CCRCs may include ownership and rental options but must be subject to appropriate covenants, conditions, management policies or other procedures to ensure that the facility provides only housing for older persons, as defined above.

Septic system. An underground system with a septic tank and one or more drainlines, depending on volume and soil conditions, which is used for the decomposition of domestic wastes. Such systems may also be referred to as soil absorption systems.

Service station. Any premises where gasoline and other petroleum products are sold and light maintenance activities such as engine tuneups, lubrication, minor repairs, and carburetor cleaning are conducted. Service stations shall not include premises where heavy automobile maintenance activities such as engine overhauls, automobile painting, and body fender work are conducted.

Setback. The required minimum horizontal distance from any street right-of-way line, lot line, or other designated line that establishes the area within which buildings or structures may be erected. For the purposes of this chapter, unless otherwise noted, the required front, side and rear yard dimensions are used to establish the applicable minimum setback dimensions. (See Figure I-2 in Appendix A)

Setback Line. A line or lines which establish the required minimum front, rear, and side setback distances as established in the zoning ordinance.

Sexually-oriented business. Any premises which the public patronizes or to which members are invited or admitted and which are so physically arranged as to provide booths, cubicles, rooms, compartments or stalls separate from the common areas of the premises for the purpose of viewing adult-oriented motion pictures or wherein an entertainer provides adult entertainment to a member of the public, a patron or a member, when such adult entertainment is held, conducted, operated or maintained for a profit, directly or indirectly. A sexually-oriented business further includes, without being limited to, any adult store and adult entertainment studios or any premises that are physically arranged and used as such, whether advertised or represented as an adult entertainment studio, adult-oriented motion picture theatre, exotic dance studio, or any other term of like or similar import.

• Adult store. A commercial establishment which regularly excludes all persons under the age of eighteen (18) from the premises, or a section thereof, because of the sexually explicit nature of the items sold, rented or displayed therein, or which, as one of its principal purposes, offers for sale or rental for any form of consideration adult media or adult novelty items as defined in this section. For these purposes, to constitute a principal business purpose, an adult store must have at least twenty-five percent (25%) or more of its floor space dedicated to, or have twenty-five percent (25%) or more of its stock-in-trade consist of, the sale or rental of any adult media material or adult novelty items. A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental adult media material or adult novelty items and still be categorized as an adult store.

• Adult media. Media material including, but not limited to, books, magazines, periodicals or other printed matter; photographs, films, motion pictures, videos in any format including digital formats; computer programs, or other visual representations which are distinguished or characterized by the exhibition or display of specified sexual activities or specified anatomical areas as defined in this section.

• Adult novelty items. Instruments, devices, or paraphernalia which are designed or marketed for use in connection with specified sexual activities. Adult novelty items does not include instruments, devices or paraphernalia that also constitute contraception.

• Adult entertainment. Live performance, display, dancing, or other live entertainment of any type where the entertainment is characterized by an emphasis on specified sexual activities or specified anatomical areas or is intended for the sexual stimulation or titillation of patrons; or the showing of films, motion pictures, videotapes, slides, photographs, VHS, CD-ROMs, DVD-ROMs, streaming video, or other media that are characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

• Specified anatomical areas. Less than completely and opaquely covered human genitals, pubic region, buttock, or female breast below a point immediately above the top of the areola; or human male genitals in a discernibly turgid state, even if completely and opaquely covered.

• Specified sexual activities. Human genitals in a state of sexual stimulation or arousal; sexual intercourse or sodomy; or fondling or other erotic touching of human genitals, pubic region, buttock or female breast, including masturbation.

Shopping center. A group of architecturally unified and related retail establishments which are planned, developed, owned, and managed as a single operating unit. The establishments contained within the shopping center unit are related to each other and the market area served in terms of size, type, location, and market orientation. On-site parking is provided in direct relationship to the characteristics of the establishments contained within the center. For purposes of this chapter, the various types of shopping centers are defined as follows:

• Neighborhood shopping center. A small, neighborhood-oriented shopping center with a minimum of three (3) separate establishments and a gross leasable floor area of less than ten thousand (10,000) square feet. The establishments contained within the neighborhood center deal in goods and services required on a daily basis.

• Community or regional shopping center. A shopping center or mall of at least ten thousand (10,000) square feet of gross leasable floor area and containing a minimum of five (5) separate establishments which deal in a wide range of goods and services which are necessary on a community-wide basis. Community shopping centers typically contain one or more major anchor tenants and other establishments.

• Specialty shopping center. A shopping center or mall containing an interrelated mix of retail and accessory establishments having a distinct product or market orientation (for example, tourist-oriented center, mall, or complex; outlet mall or complex; or a center containing a group of home furnishings establishments) and linked together by an architectural, historical, or geographic theme. Specialty shopping centers contain at least five (5) separate establishments and a minimum of ten thousand (10,000) square feet of gross leasable floor area.

Shrub. A relatively low growing woody plant typified by having several permanent stems instead of a single trunk. For purposes of meeting the landscaping requirements of this chapter, shrubs shall be further defined as follows:

• Deciduous shrub. Any shrub which sheds its foliage during a particular season.

• Evergreen shrub. Any shrub which retains its green foliage throughout the entire year.

Sight triangle. A triangular-shaped portion of land established at street intersections and entrances onto streets in which nothing is permitted to be erected, placed, planted or allowed to grow in a manner that limits or obstructs the sight distance of motorists, bicyclists or pedestrians traversing or using the intersection or entrance.

Sign. Any object, device, display or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination or projected images.

Site plan. A required submission, prepared and approved in accordance with the provisions of this chapter, which is prepared to scale and depicts and provides design details on the proposed improvements on a site such as the existing and proposed topography, vegetation, drainage, floodplains, marshes, waterways, open space, walkways, means of ingress and egress, utility services, landscaping, structures and signs, lighting and screening devices, complete dimensioning of the existing and proposed structures and improvements, the boundaries of the site, and any other information that reasonably may be required.

Skirting. A weather-resistant material used to enclose the space from the bottom of a manufactured home to grade.

Small wind energy system. A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics which has a rated capacity of not more than 100 kilowatts (kW) and is intended primarily to generate electricity or to reduce on-site consumption of utility power by means of wind power.

Solar Energy Facility. A renewable energy facility that either (a) generates electricity from sunlight, consisting of one or more photovoltaic (PV) systems and other appurtenant structures and facilities within the boundaries of the site, or (b) utilizes sunlight as an energy source to heat or cool buildings, heat or cool water, or produce electrical or mechanical power by means of any combination of collecting, transferring, or converting solar generated energy. The term shall not be construed to include integrated photovoltaics incorporated into roof shingles or other building materials.

Solid waste disposal site or landfill. Areas which are utilized for the ultimate disposition of solid wastes as defined in chapter 19 of this Code, and also specifically including waste plant material, stumps or construction materials resulting from land-clearing and development activities.

Special use. A use that is not permitted in a particular zoning district except by a special use permit granted in accordance with the provisions established by this chapter.

Special use permit. A permit which may be authorized by the board for those uses identified as special uses by this chapter, in accordance with all applicable standards, criteria and procedures as established herein.

Specialty-food store. A retail store specializing in a specific type or class of food, such as a bakery, butcher, candy store, delicatessen, fish market, or gourmet shop.

Stable, private. An accessory building in which horses are kept for private use and not for remuneration, hire, or sale.

Stable, commercial. A facility consisting of fenced enclosures and/or buildings in which horses are kept as a commercial venture, including boarding, hire, and sale.

Story. That portion of a building, other than the basement, included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.

Story, half. A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet (3') above the top floor level.

Street. An established legal right-of-way or platted right-of-way dedicated for the use of the general public, or portions thereof, either accepted by the department of transportation or approved under the terms of the zoning ordinance as a private transportation system, or existing as an unimproved right-of-way serving multiple properties by easements owned in common or by other legally enforceable rights of pedestrian and vehicular access benefiting the adjoining properties and having a name officially assigned by the County. A street shall provide vehicular and pedestrian access to property for all purposes of travel, transportation and parking to which it is adopted, devoted, or dedicated. The term is synonymous with road, lane, drive, avenue, highway, roadway, thoroughfare, or any other term of like or common meaning. For the purposes of this chapter, there shall be two (2) types of streets:

• Street, private. Any street created under the terms of this chapter, which is not a component of the state primary or secondary system, and which is guaranteed to be maintained by a properly constituted association of property owners from the development of which such street is an approved part. In addition, the term "private street" shall include those unimproved rights-of-way serving multiple properties by easements owned in common or by other legally enforceable rights of pedestrian and vehicular access benefiting the adjoining properties and having a name officially assigned by the County (and sometimes referred to as "dirt streets).

• Street, public. A platted street, dedicated for the use of the general public for all purposes of travel, transportation or parking unless specifically noted otherwise.

Street Classification. Streets shall be functionally classified as follows:

• Access street. The lowest order of street, designed to serve low volumes of traffic at low operating speeds. As its primary function is to provide access to individual lots, access streets should carry only the volume of traffic generated on the street itself. Cul-de-sacs and other terminal streets are typical of this order of street.

• Subcollector street. The second order of street, designed to carry moderate volumes of traffic, at the same low operating speeds as access streets. Such streets collect traffic from access streets as well as provide access to individual lots. Long cul-de-sacs and other terminal streets may be within this order of streets where their traffic volumes exceed the standards for access streets.

• Collector streets. The highest order of street generally permitted within a residential subdivision, designed to conduct and distribute traffic between streets of lower order and streets of higher order linking major activity centers. The class is further divided into "major collector" and/"minor collector"/based on traffic volumes.

• Arterial street. Includes streets and roads which function within a regional network conveying traffic between major activity centers. The purpose of such streets is to carry relative large volumes of traffic at higher speeds. Direct residential lot access is prohibited while commercial or industrial lot access is controlled and limited to high trip volume generators. Like collector streets, the arterial class is further divided into "major arterial" and "minor arterial" based on traffic volumes.

• Expressway and freeways. The highest order of roadway, designed exclusively for unrestricted movement of traffic. Access is only with selected arterials by means of interchanges.

Structure. Any construction, or any production or piece of work artificially built up or composed of parts joined together in some definite manner, including signs, but not including land forms.

Subdivide or subdivision. The division of a lot, tract, or parcel of land into two or more lots, parcels or other divisions of land for the purpose of transfer of ownership.

Surface mine. Any operation involving the breaking or disturbing of the surface soil or rock, where the primary purpose of the operation is to extract or remove sand, soil, gravel, or other natural materials from the earth and to transport the material, or any portion thereof, off the site of the surface mine operation. Specifically exempt from this definition are the following:

• Any excavation for roads, utilities, buildings, drainage structures, channels or ditches, or ponds, lakes or other water bodies or features, whether intended for drainage, recreational or aesthetic purposes, when such excavations are determined by the zoning administrator to be incidental to and in accordance with the approved development plans or site plans for a residential, commercial, industrial or other development activity, even though the excavated material, or a portion thereof, may be hauled offsite and sold. In no case shall any exempted pond or lake have a water depth exceeding thirty-three feet (33').

• Any excavation for the purpose of conducting a bona fide agricultural operation, including but not limited to excavations to improve drainage, provide watering facilities for livestock or create a holding lagoon for animal waste, but only so long as such excavation is devoted solely to such use.

• Any trench, ditch or hole for utility lines, drainage pipe or other similar public works facilities or projects.

• Excavations for the installation of underground storage tanks, if to be backfilled to natural grade.

• Excavations for the purpose of enlarging or improving an existing structure.

• Any excavation for a pond or lake less than one (1) acre in size when, in the opinion of the zoning administrator, the sole purpose of such pond or lake is the recreational or aesthetic use and benefit of the occupants or intended occupants of the property and the objectives of this chapter would not be served by requiring a use permit. In no case shall any exempted pond or lake have a water depth exceeding thirty-three feet (33').

• Any excavation found by resolution of the board of supervisors to be operated, or proposed to be operated, directly or indirectly by or for the exclusive benefit of the Commonwealth of Virginia for the purpose of facilitating public roadway improvements, provided that such operation will not result in the creation of an excavated pit on the subject property, and provided further that the board is assured that such surface mining operation will be conducted in accordance with appropriate erosion and sediment control practices.

Notwithstanding the foregoing, in any of the above situations where the Zoning Administrator determines that the primary purpose or motivation for the excavation is to sell the excavated material as a commercial undertaking, the excavation shall be considered a surface mine and shall be subject to special use permit review.

Temporary family health care structure. A transportable residential structure, providing an environment facilitating a caregiver's provision of care for a mentally or physically impaired person, and which has been primarily assembled at a location other than the site of installation.

Timeshare/Interval Ownership. A facility in which individual suites or living units are sold in increments of time (e.g., weeks or months) to individual owners for the purpose of transient or seasonal occupancy. Under this arrangement, the exclusive right of use, possession, or occupancy circulates among various owners or lessees thereof in accordance with a fixed time schedule, which may vary within certain specified time periods, on a periodically recurring basis.

Tourist home. An establishment, either in a private dwelling or in a structure accessory and subordinate to a private dwelling, in which temporary accommodations are provided to overnight transient guests for a fee.

Tower. A structure situated on a nonresidential site that is intended for transmitting or receiving television, radio, or telephone communications, excluding those used exclusively for dispatch communications.

Traffic, background. The number of trips existing or projected to exist on a roadway or roadway system without the land use under study, i.e., traffic not directly or indirectly caused or attracted by the analyzed land use.

Trailer. A vehicle without motive power designed for carrying property or passengers wholly on its own structure and for being drawn by a motor vehicle. For the purposes of this chapter, containerized cargo units designed to be placed upon and transported by a vehicle shall be construed to be trailers. The removal of wheels, tongues or hitches, or the placement on a foundation upon the ground shall not be deemed to change the character of a trailer.

Transient occupancy. Occupancy of a lodging unit or accommodation on a temporary basis for less than (thirty) 30 continuous days by a visitor whose permanent address for legal purposes is not the lodging unit occupied by the visitor.

Transitional buffer. A special landscaped yard area to be provided in accordance with the requirements of this chapter at the interface of certain zoning districts of differing intensities for the purpose of minimizing potential land use conflicts.

Transitional home. A dwelling unit, other than a group home, shared by more than four (4) unrelated persons, including resident staff, who do not qualify as a "family" as defined in this chapter, and who live together temporarily as a single housekeeping unit, and in which staff persons provide or facilitate care, education, counseling and participation in community activities for the resident clients. The following and similar types of occupancy shall be considered to be transitional housing:

• Temporary quarters for victims of physical or emotional abuse;

• Temporary or emergency quarters for children or adults needing room and board and support services that would lead to self-sufficiency and permanent shelter.

The term "transitional home" shall not include detention facilities operated under the standards of the Department of Juvenile Justice, nursing homes, alcoholism or drug treatment centers, work release facilities for convicts or ex-convicts, or other housing facilities serving as an alternative to incarceration or where the residents are under the supervision of a court.

Tree. A woody perennial plant generally with one main stem or trunk, but including multiple stemmed plants, which develops many branches, generally at some height above the ground. For the purpose of meeting the landscaping and preservation requirements of this chapter, the types of trees shall be defined as follows:

• Deciduous tree. Any shade, flowering or ornamental tree which sheds its foliage during a particular season.

• Evergreen tree. Any tree which retains its green foliage year round.

• Heritage tree. Any tree which has been designated by ordinance of the board as having notable historic or cultural significance to any site or which has been so designated in accordance with an ordinance adopted pursuant to section 15.2-2306, Code of Virginia.

• Mature tree. Any deciduous or evergreen tree with a minimum diameter (caliper) of fourteen inches (14") when measured four and one-half feet (4-½') above ground level.

• Memorial tree. Any tree which has been designated by ordinance of the board to be a special commemorating memorial.

• Significant tree. Any deciduous or coniferous tree with a minimum diameter (caliper) of twenty-two inches (22") when measured four and one-half feet (4-½') above ground level.

• Specimen tree. Any tree which has been designated by ordinance of the board to be notable by virtue of its outstanding size and quality for its particular species.

Tree cover. The area directly beneath the crown and within the dripline of a tree.

Tree crown. The aboveground parts of a tree consisting of the branches, stems, buds, fruits, and leaves. Also referred to as "tree canopy."

Trip. A single or one-way vehicle movement to or from a property, site, driveway or study area.

Trip assignment. The assignment of vehicle trip volumes (site-generated and background) to the roadway network around a development, and the assignment of site-generated volumes to individual and specific driveways and local streets within the development. The process entails analyzing all trips, both entering and exiting.

Trip ends. The total number of trips entering plus the total number of trips exiting a site over a designated period of time.

Trip generation. The number of trip ends caused, attracted, produced and otherwise generated by a specific land use, activity or development.

Truck, heavy. A truck having a gross rated carrying weight of more than one (1) ton [900kg].

Truck, light. A truck having a gross rated carrying weight of one (1) ton [900kg] or less.

Truck stop. Any facility offering fuel for sale for commercial vehicles, trucks and automobiles and constructed and designed to enhance maneuverability and fueling of tractor trailer vehicles by the contouring of curbs and aprons, and the placement of islands or other such design criteria. In addition a truck stop shall have the capacity to fuel three (3) or more tractor trailer vehicles at the same time and parking facilities for three or more vehicles. The facility may include provisions for one (1) or more of the following:

• sleeping accommodations for commercial vehicle or truck crews;

• sale of parts and accessories for commercial vehicles or trucks;

• a restaurant; or

• truck parking or storage area.

Trucking terminal. An area and building where cargo is stored and where trucks load and unload cargo on a regular basis.

Use. The purpose for which a structure or a tract of land is designed, arranged, intended, maintained or occupied; also, any activity, occupation, business or operation carried on or intended to be carried on in a structure or on a tract of land.

Usable satellite signal. A satellite signal which, when viewed on a conventional television, is at least equal in picture quality to that which can be received at the subject location from local commercial television stations by use of a conventional outdoor antenna or by way of locally available cable television service.

Variance. In the application of this chapter, a reasonable deviation from those provisions regulating the shape, size, or area of a lot or parcel of land, or the size, height, area, bulk, or location of a building or structure when the strict application of the chapter would unreasonably restrict the utilization of the property, and such need for a variance would not be shared generally by other properties, and provided such variance is not contrary to the purpose of this chapter. It shall not include a change in use which change shall be accomplished by a rezoning or by a conditional zoning.

Warehouse. A building used primarily for the indoor storage of goods and materials, usually without retail sales.

Waterman. An individual who is self-employed in the harvesting of seafood for sale.

Wetland. Areas where water covers the soil, or is present either at or near the surface of the soil all year or for varying periods during the year, including during the growing season. Two general categories of wetlands are coastal or tidal wetlands and inland or non-tidal wetlands.

• Non-tidal/Inland. Those wetlands, other than tidal wetlands, that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that, under normal circumstances, do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, as defined by the U.S. Environmental Protection Agency pursuant to Section 404 of the Federal Clean Water Act in 33 CFR 328.3b, as may be amended from time to time.

• Tidal/Coastal. Vegetated and un-vegetated wetlands, as defined in Section 28.2-1300 of the Code of Virginia.

Wholesale trade. The business of selling merchandise to retailers, to industrial, commercial, institutional, or professional business users, or to other wholesalers.

Woodland. A tract of land dominated by trees but usually also containing woody shrubs, grasses, and other vegetation. For purposes of this chapter, the term woodland shall incorporate woods, woodland areas, wooded areas, forest, forested areas and any other terminology commonly recognized to have the same meaning.

Woodline. Line of demarcation separating areas of woodland from nonwoodland areas. For purposes of this chapter the woodline shall be defined as surrounding woodland including the leading edge of the dripline of the trees contained therein plus five feet (5').

Workboat. A watercraft used in the conduct of or in conjunction with a commercial operation such as aquaculture, seafood harvesting for sale, or other waterborne commercial or industrial activity whether or not designed and built or modified specifically for that commercial purpose.

Yard. Open space on the same lot with a building, a group of buildings, or a use, which is unoccupied and unobstructed from the ground upward, except as may be permitted by this chapter. (See Figure I-2 in Appendix A)

• Front yard. A yard extending across the full width of a lot and lying between the front lot line(s) and the principal building(s).

• Side yard. A yard between the side lot line and the principal building(s), and extending from the front yard to the rear yard, or in the absence of either of such yards, to the front or rear lot lines.

• Rear yard. A yard extending across the full width of the lot and lying between the rear lot line and the principal building(s).

Yard, required. The open space, of the dimension specified by the district in which located, abutting the lot lines and extending inward therefrom, and thus defining the buildable portion of a lot (See setback definition).

Zoning administrator. The county administrator or designated agent.

Zoning map. The maps, together with all subsequent amendments thereto, which are adopted by reference as a part of this zoning ordinance and which delineate the zoning district boundaries.

Where questions or conflicts arise over the definition of other words used in this chapter that are not defined above, the zoning administrator shall make a determination as to the appropriate definition or meaning.

(Ord. No. O98-18, 10-7-98; Ord. No. O99-17, 12-1-99; Ord. No. 01-10(R-1), 6-19-01; Ord. No. 01-20(R), 10-16-01; Ord No. 03-2, 1-21-03; Ord. No. 03-25, 6-17-03; Ord. No. 05-13(R), 5-17-05; Ord. No. 05-34(R), 12-20-05; Ord. No. 06-19(R), 7-18-06; Ord. No. 06-21, 9-19-06; Ord. No. 07-3(R), 5-15-07; Ord. No. 08-17(R), 3-17-09; Ord. No. 10-1(R), 1-19-10; Ord. No. 10-2, 3-16-10; Ord. No. 10-24, 12-21-10; Ord. No. 11-15(R), 11-16-11; Ord. No. 12-15, 9-18-12; Ord. No. 14-20(R),10-21-14; Ord. No. 14-21, 11-18-14; Ord. No. 14-27, 12-16-14; Ord. No. 15-12, 9-15-15; Ord. No. 15-15(R), 1-19-16; Ord. No. 17-8, 8-15-17; Ord. No. 17-12, 9-19-17; Ord. No. 20-5, 3-17-20; Ord. No. 24-17(R), 9-17-24; Ord. No. 25-1, 1-21-25; Ord. No. 25-3, 2-18-25; Ord. No. 25-16(R), 6-17-25; Ord. No. 25-25, 9-16-25)

Except as hereinafter provided, no land, building, structure or premises shall hereafter be used, and no building or structure, or part thereof, shall be erected, altered, located, or moved, except in conformance with the regulations established by this chapter for the district in which located. In addition to the requirements established herein, all development shall comply with all applicable requirements and permitting procedures of the various local, state, and federal review and regulatory agencies including, but not limited to, the York County Wetlands Board, Virginia Marine Resources Commission, Virginia Department of Environmental Quality, Virginia Department of Transportation, Health Department, and U.S. Army Corps of Engineers.

(a)

The territory of the county shall be divided into the classes of zoning districts provided for in article III of this chapter. The zoning district locations and boundaries for the county shall be as shown on the map or maps entitled "Zoning Map of York County, Virginia dated June 28, 1995" and as amended from time to time in accordance with the procedures contained in this article, which, together with all explanatory matter thereon, are hereby adopted by reference and declared to be a part of this chapter.

(b)

A reproducible copy of said maps, attested by the zoning administrator, shall be filed in the office of the zoning administrator or in such location as may be deemed appropriate by the zoning administrator.

Said maps, together with any duly adopted amendments thereto, shall be conclusive as to the current zoning classification of the territory of the county.

Said maps shall not be altered except in conformance with the procedures for amendment as established herein.

(c)

In the event any land area is annexed or adjusted into the jurisdictional boundaries of York County, such land shall automatically be classified RC-Resource Conservation until such time as that classification may be changed through a specific rezoning action approved by the board of supervisors in accordance with all applicable procedures.

(Ord. No. 08-17(R), 3-17-09)

(a)

Before the issuance of any building permit for the construction, alteration or change of use of any building, structure or premises, application shall be made to the zoning administrator for a zoning certificate. The certificate may be combined with such other forms as are required by the administrator and shall certify that the use, construction, or alteration proposed is permitted in accordance with the terms of this chapter and any conditions which may apply to the property as a result of a zoning or use permit action. No zoning certificate or building permit shall be issued for a property which does not qualify as a lot of record.

(b)

Prior to the issuance of a certificate of occupancy for any construction, alteration or change of use, application shall be made to the zoning administrator for a certificate of zoning compliance which shall certify that any required plans have been fully and faithfully implemented on the site.

(c)

The failure to obtain a zoning certificate or certificate of zoning compliance prior to establishing a use on property shall be a violation of this chapter.

(a)

Application fees.

(1)

An application fee shall be charged to offset the cost of reviewing plans, processing applications, making inspections, issuing permits, advertising public notices and other expenses incident to the administration of this chapter or to the filing or processing of any amendment to the zoning ordinance, special use permit or zoning appeals. Such fees shall also include charges for re-advertising and re-mailing notices when necessitated by the amendment, postponement, or modification of an application. Filing fees shall be paid upon submission of an application and shall be as set forth in the following schedule:

¹ The above described fees shall be waived for any application submitted by any board, commission, agency or department of the county.

(2)

No application shall be received or shall be deemed to have been filed until accompanied by the required filing fee. Furthermore, in the case of any application for rezoning, special use permit, special exception, or variance, submitted by the owner of the subject property, the owner's agent, or any entity in which the owner holds an ownership interest greater than 50%, verification shall be obtained from the York County Treasurer that any delinquent real estate taxes, nuisance charges, or any other charges that constitute a lien on the property have been paid. The applicant may provide a verification statement from the Treasurer as part of their application submission or, if not provided, staff will make the contact with the Treasurer's Office. If payments are current, the application will be accepted for processing. If not, the prospective applicant will be advised of the need to correct the delinquency.

(3)

Withdrawal and refunds of application fees. Application fees shall not be refundable in the case of appeals to the board of zoning appeals. In the case of withdrawal of applications for zoning amendments, use permits or planned development approval, exemptions or exceptions, refunds of application fees shall be according to the following schedule. All requests for withdrawal must be in writing, signed by the applicant, and be submitted to the zoning administrator.

(b)

Site plan review fees.

(1)

Filing fees shall be paid at the time a site plan is first presented for formal review and shall be in accordance with the following schedule:

¹  In addition to the review fees set forth above, the applicant/developer shall be responsible for payment of any Traffic Impact Analysis review fees as may be established by the Virginia Department of transportation pursuant to its implementation of the requirements of Section 15.2-2222.1 of the Code of Virginia.
²  ;hg;The resubmittal fee shall increase by $50 for each subsequent submittal of a site plan for formal review after the third submittal.

(c)

Site inspection fee. Prior to the issuance of zoning certificates or the commencement of development or activities authorized by an approved site plan, the developer of a project shall be responsible for payment of a non-refundable inspection fee based on the total amount of improved area on the site. For the purposes of this section, improved area shall be computed by adding the total area covered by structures, buildings, parking areas, driveways, sidewalks and other impervious surfaces on the site. The fee shall be $60 plus $1.00 per 1,000 square feet of improved area up to a maximum fee of $1,750.

(d)

Variable site development fees. In addition to the fees enumerated above, the developer shall be required to pay other fees as may be applicable to the proposed development.

(1)

Archeological study review fee. Study review deposits shall be required for any archeological studies submitted for review and approval under the provisions of Section 24. 1-374, Historic resources management overlay district, of this chapter. The review deposit schedule shall be as follows:

a.

Phase I study: $1,500 deposit

b.

Phase II study: $2,500 deposit

c.

Phase III study: $3,500 deposit

d.

"Other" study: $1,500 deposit

Upon the County's receipt of the final review cost billed, the County shall notify the applicant of the final review cost. If the deposit amount exceeds the final review cost, the overage shall be refunded to the applicant. If the deposit amount is insufficient and does not cover the final review cost, the applicant will be billed by the County to cover the deficiency.

(2)

Traffic control devices, street name signs, streetlights, and other similar improvements. Depending upon the needs of the development and the desire of the developer that the County supply or arrange for certain signs, features or devices, these fees may include payments for construction, fabrication, installation and maintenance of control and warning signs and signals, streetlights, street identification signs, and other similar features, installations, or devices. The actual fees for such features, installations, devices, or maintenance thereof, shall be established by the board and published by the County from time to time and shall reflect, as closely as possible, actual costs including labor. The official fee schedule shall be available for review and copying from the zoning administrator during normal working hours.

(e)

County exempt from fees and surety. The county shall be exempt from all fees and surety requirements established by this chapter.

(Ord. No. 05-13(R), 5-17-05; Ord. No. 08-17(R), 3-17-09; Ord. No. 09-22(R), 10-20-09; Ord. No. 12-15, 9-18-12; Ord. No. 21-4, 5-4-21; Ord. No. 25-9(R), 5-6-25; Ord. No. 25-25, 9-16-25)

(a)

The zoning administrator or designated agent is hereby authorized, on behalf of the board, to administer and enforce this chapter. Such authority shall include the ability to make official interpretations of this chapter and the zoning maps as described in section 24.1-110 and to order, in writing, the remedy of any condition found in violation of this chapter, and the ability to bring legal action to ensure compliance with its provisions, including injunction, abatement, or other appropriate action or proceeding. In specific cases, the zoning administrator may make findings of fact and, with the concurrence of the county attorney, conclusions of law regarding determinations of vested rights in a land use accruing under Code of Virginia section 15.2-2307 and article VIII of this chapter, or Code of Virginia section 15.2-2311 (C) relative to allowable modifications to previous orders, requirements, decisions or determinations of the zoning administrator or other county official.

The zoning administrator or his agent may present sworn testimony to a magistrate or court of competent jurisdiction and, if such sworn testimony establishes probable cause that a zoning ordinance violation within a dwelling unit has occurred, may request that the magistrate or court grant the zoning administrator or his agent an inspection warrant to enable the zoning administrator or his agent to enter the subject dwelling unit for the purpose of determining whether violations of the zoning ordinance exist. The zoning administrator or his agent shall make a reasonable effort to obtain consent from the owner or tenant of the subject dwelling prior to seeking the issuance of an inspection warrant pursuant to this section.

Whenever the zoning administrator has reasonable cause to believe that any person has engaged in or is engaging in any violation of any provision of this chapter that limits occupancy in a residential dwelling unit, which is subject to a civil penalty as prescribed in subsection (c) below, and the zoning administrator, after a good faith effort to obtain the data or information necessary to determine whether a violation has occurred, has been unable to obtain such information, he may request that the county attorney petition the judge of the general district court for a subpoena duces tecum against any such person refusing to produce such data or information. The judge of the court, upon good cause shown, may cause the subpoena to be issued. Any person failing to comply with such subpoena shall be subject to punishment for contempt by the court issuing the subpoena. Any person so subpoenaed may apply to the judge who issued the subpoena to quash it.

(b)

All departments, officials and employees of the county which are vested with duty or authority to issue permits or licenses shall conform to the provisions of this chapter. They shall issue permits for uses, buildings or purposes only when they are consistent with the provisions of this chapter. Any such permits, if issued in conflict with the provisions of this article, shall be null and void.

(c)

Penalties. Violating, causing, or permitting the violation of, or otherwise disregarding any of the provisions of this chapter by any person, firm or corporation, whether as principal, agent, owner, lessee, employee or other similar position shall be unlawful and is subject to the following:

(1)

Criminal sanctions. Upon conviction, any such violation shall be a misdemeanor punishable by a fine of not less than ten dollars ($10.00) nor more than one thousand dollars ($1,000.00). If the violation is uncorrected at the time of the conviction, the court may order the violator to abate or remedy the violation in compliance with the zoning ordinance, within a time period established by the court. Failure to remove or abate a zoning violation within the specified time period shall constitute a separate misdemeanor offense punishable by a fine of not less than ten dollars ($10.00) nor more than one thousand dollars ($1,000.00), and any such failure during any succeeding ten (10) day period shall constitute a separate misdemeanor offense for each ten (10) day period punishable by a fine of not less than one hundred ($100.00) nor more than one thousand five hundred dollars ($1,500.00).

Any conviction resulting from a violation of the provisions regulating the number of unrelated persons living as a "family" in a residential dwelling shall be punishable by a fine of up to $2,000. Failure to abate the violation within the specified time period shall be punishable by a fine of up to $5,000, and any subsequent failure during any succeeding 10-day period shall constitute a separate misdemeanor offense for each 10-day period punishable by a fine of up to $7,500. However, no such fine shall accrue against an owner or managing agent of a single-family residential dwelling unit during the pendency of any legal action commenced by such owner or managing agent of such dwelling unit against a tenant to eliminate an overcrowding condition in accordance with Chapter 13 or Chapter 13.2 of Title 55, as applicable. A conviction resulting from a violation of provisions regulating the number of unrelated individuals in a residential dwelling unit shall not be punishable by a jail term. (reference Section 15.2-2286.A.5., COV)

(2)

Injunctive relief. Any violation or attempted violation of this chapter may be restrained, corrected or abated, as the case may be, by injunction or other appropriate proceedings for relief.

(3)

Civil fines:

a.

Any person summoned or issued a ticket for a violation of this chapter listed in subsection (b) below may make an appearance in person or in writing by mail to the county treasurer prior to the date fixed for trial in court. Any person so appearing may enter a waiver of trial, admit liability and pay the civil penalty established in this section for the offense charged, in lieu of criminal sanctions. Such persons shall be informed of their right to stand trial and that a signature to an admission of liability will have the same force and effect as a judgment of court. If a person charged with scheduled violation does not elect to enter a waiver of trial and admit liability, the violation shall be tried in the general district court in the same manner and with the same right of appeal as provided by law.

b.

A civil penalty is hereby established for a violation of any offense listed below in the amount of two hundred dollars ($200.00) for any one (1) violation for the initial summons and five hundred ($500.00) for each additional summons:

1.

Constructing, placing, erecting, installing, maintaining, operating, or establishing an accessory structure or use in violation of section 24.1-270 et seq.

2.

Constructing, placing, erecting or displaying a sign in violation of section 24.1-700 et seq.

3.

Erecting, altering, or changing use or occupancy of any building, structure, or premises without first obtaining a zoning certificate or certificate of zoning compliance in violation of section 24.1-107.

4.

Failure to perpetuate and maintain all landscaping, screening, and fencing materials required by this chapter in violation of Article II, Division 4.

5.

Operating, conducting or maintaining a home occupation in violation of Article II, Division 8, Home Occupations.

6.

Failure to observe the requirements for keeping sight triangles, as described in section 24.1-220(b), free of obstructions.

c.

Each day during which a violation is found to exist shall be a separate offense. However, in no event shall specified violations arising from the same set of operative facts be charged more frequently than once in a ten (10) day period and in no event shall a series of such violations result in civil penalties which exceed a total of more than five thousand dollars ($5,000.00). When such civil penalties total $5,000 or more, the violation may be prosecuted as a criminal misdemeanor.

d.

The above provisions notwithstanding, civil penalties shall not accrue or be assessed during the pendency of the 30-day appeal period allowable pursuant to the terms of Section 24.1-903.b.

e.

No provisions herein shall be construed to allow the imposition of civil penalties for:

1.

enforcement of the Uniform Statewide Building Code;

2.

activities related to land development;

3.

violations of the erosion and sediment control ordinance;

4.

violations relating to the posting of signs on public property or public rights-of-way; or

5.

violations resulting in injury to any person or persons.

(Ord. No. O97-18, 6-4-97)(Ord. No. O98-18, 10-7-98)(Ord. No. 03-31, 8-5-03; Ord. No. 08-17(R), 3-17-09; Ord. No. 09-15, 8-18-09; Ord. No. 11-15(R), 11-16-11; Ord. No. 25-4, 2-18-25)

(a)

In determination of the location of the district boundaries shown on the zoning maps, the following rules shall apply:

(1)

Boundaries indicated as following streets, highways, alleys, railroads, or waterways shall be construed to follow centerlines of such features unless specifically noted otherwise. In instances where the zoning district line abuts tidal waters, the district line shall extend to the mean low water mark unless such tidal waters are otherwise placed in a zoning district.

(2)

Any zoning district boundary shown extended to or into any body of water bounding the county shall be deemed to extend straight to the county boundary.

(3)

Where a zoning district boundary line is indicated as dividing a parcel of land, the location of such boundary, unless the same is indicated by dimensions shown on the map, shall be determined by use of the scale appearing thereon, and shall be measured to the nearest foot.

(4)

Where physical features existing on the ground are at variance with those shown on the zoning map, or in other circumstances not covered above, the board of zoning appeals, in accordance with the procedures established by section 15.2-2309, Code of Virginia and this chapter shall interpret such boundaries.

(b)

Interpretations by the zoning administrator with respect to situations not specifically addressed by the provisions of this chapter shall be issued in writing and shall become a part of a permanent file to be maintained and available for review in the office of the zoning administrator. Such interpretations shall describe the rationale for the decision and shall include citations of the specific policies of the board of supervisors, as expressed in the adopted comprehensive plan, which support the interpretation.

(c)

Any decision, order, requirement or determination by the zoning administrator shall be rendered in writing and shall include the following statement:

You have thirty (30) days in which to appeal this decision to the Board of Zoning Appeals, in accordance with section 15.2-2311, Code of Virginia, or this decision shall be final and unappealable. The filing fee for an appeal application is _________ (stating the amount of the fee). Information regarding the appeal application process can be obtained by contacting the Secretary of the Board of Zoning Appeals [(757)890-3532].

(d)

Charts and diagrams included in this chapter are intended to supplement and illustrate the chapter provisions. In the event of conflict between such charts or diagrams and the text of this chapter, the text shall control.

(e)

When any applicant requesting a written order, requirement, decision, or determination from the zoning administrator, other administrative officer, or the Board of Zoning Appeals is not the owner or the agent of the real property subject to such written order, requirement, decision or determination, written notice shall be given to the owner of the property within 10 days of the receipt of such request.

Such written notice shall be given by the zoning administrator or other administrative officer, or the zoning administrator may require the applicant to give the notice and to provide satisfactory evidence of having done so. Written notice mailed to the owner at the last known address of the owner as shown on the current real estate tax assessment records shall be deemed to satisfy the notice requirement.

(Ord. No. 10-24, 12-21-10; Ord. No. 11-15(R), 11-16-11)

(a)

Whenever the regulations made under authority of this chapter require a greater width or size of yards, courts, or other open spaces, require a lower height of building or fewer number of stories, require a greater percentage of a lot to be left unoccupied, or impose other higher or more restrictive standards than are required in any other statute or local ordinance or regulations, the provisions of the regulations made under authority of this chapter shall govern.

(b)

Whenever the provisions of any other statute or local ordinance or regulation require a greater width or size of yards, courts, or other open spaces, require a lower height of building or fewer number of stories, require a greater percentage of a lot to be left unoccupied, or impose other higher or more restrictive standards than are required by the regulations made under authority of this chapter, the provisions of such statute or local ordinance or regulation shall govern unless the zoning administrator shall determine, in writing, that such application was unintended or would be contrary to the goals and objectives of the county as found in the comprehensive plan.

(c)

Whenever two or more of any of the provisions established by this chapter are found to be in conflict, the zoning administrator shall determine which provision shall govern. The SI (metric) unit "equivalents" provided herein shall not be deemed to be more restrictive for the purposes of this section.

This chapter bears no relation to any private easement, covenant, agreement or restriction, and the responsibility for enforcing such private easement, covenant, agreement or restriction is not implied herein to rest with any public official or body. When this chapter imposes a more restrictive standard than is required by the private contract, the provisions of this chapter shall control.

Whenever the public necessity, convenience, general welfare, or good zoning practice require, the board may by ordinance, amend, supplement, or change the regulations, district boundaries, or classifications of property established by this chapter.

(a)

Initiation.

(1)

Amendments to the zoning map including district boundaries or classifications may be initiated by:

a.

The board by resolution; or

b.

The commission; or

c.

A petition properly signed and filed by the owner or, with the owner's specific written consent, a contract purchaser or owner's agent.

(2)

Amendments to the zoning ordinance text may be initiated by:

a.

The board by resolution; or

b.

The commission.

(3)

Whenever the board or commission shall initiate an amendment, either to the map or text, the public purposes for such an amendment shall be clearly stated.

(b)

Contents of petitions. Any petition for amending the zoning map shall include the following:

(1)

A properly completed and signed application form.

(2)

A narrative description of the property which shall include the parcel identification number and, if only a portion of the parcel is to be reclassified, a description, by courses and distances, of the land to be reclassified.

(3)

A plat of the property indicating the location of the tract and the requested change. Such plat shall be accurate and suitable to identify the property in relation to street intersections or other physical features.

(4)

A statement of the reasons for seeking such amendment.

(5)

Such supplemental material (i.e., traffic studies, environmental assessments, etc.) as may be necessitated by the proposal itself or the district in which located or proposed to be located.

(c)

Procedures for amendment.

(1)

Applications for amendment of the zoning ordinance shall be submitted to the zoning administrator and upon completion of all filing requirements, including payment of required fees, shall be deemed received by the board and referred to the commission for its review and recommendation as provided by section 15.2-2285, Code of Virginia.

(2)

The commission, after public notice in accordance with section 15.2-2204, Code of Virginia shall hold at least one public hearing on such petition and as a result thereof shall transmit a recommendation to the board. Failure of the commission to report within one hundred (100) days after the first meeting of the commission after the proposed amendment or reenactment has been referred to the commission, or such shorter period as may be prescribed by the board of supervisors, shall be deemed approval, unless such proposed amendment or reenactment has been withdrawn by the applicant prior to the expiration of such time period. In the event of such withdrawal, processing of the proposed amendment or reenactment shall cease without further action as otherwise would be required by this subsection.

(3)

In the case of a proposed amendment to the zoning map, such public notice shall state the general usage and density range, if any, set forth in the applicable part of the comprehensive plan. However, no land may be zoned to a more intensive use classification than was contained in the public notice without an additional public hearing after notice required by section 15.2-2204, Code of Virginia. Such ordinances shall be enacted in the same manner as all other ordinances.

(4)

Upon receipt of the recommendation of the commission, the board, after public notice in accordance with section 15.2-2204, Code of Virginia shall hold at least one public hearing on such petition for amendment, and as a result thereof shall make such changes to the chapter as it deems appropriate, provided further that the board shall act upon and make a decision upon each petition within one (1) year of the date such petition was filed.

(5)

An applicant may defer a petition for amendment from consideration by the board; however, if said petition for amendment is not advanced by the applicant for consideration by the board within one (1) year from the date of the Commission public hearing, then such petition for amendment shall become null and void.

(d)

Matters to be considered in reviewing proposed amendments. Proposed amendments shall be drawn and applied with reasonable consideration for the existing use and character of property, the comprehensive plan, the suitability of property for various uses, the trends of growth or change, the current and future requirements of the community as to land for various purposes as determined by population and economic studies and other studies, the transportation requirements of the community, and the requirements for airports, affordable housing, schools, parks, playgrounds, recreation areas, and other public services; for the conservation of natural resources; for preservation of flood plains; for the preservation of agricultural and forestal land; and for the conservation of properties and their values and the encouragement of the most appropriate use of land throughout the county.

(e)

Procedures for recording zoning map amendments. When the amendment involves changes to the existing zoning district boundaries, the form of the amending ordinance shall contain a narrative description of the land to be reclassified or reference to an accompanying plat of such land showing the new zoning classifications and indicating their boundaries. The zoning administrator shall refer to said attested ordinance as a record of the current zoning status until such time as the zoning map can be changed accordingly.

(f)

Reconsideration. When the board has officially acted on a petition for amendment, no other petition for substantially the same change shall again be considered until after one (1) year from the date of official action.

(Ord. No. 01-20(R), 10-16-01; Ord. No. 25-25, 9-16-25)

(a)

Statement of intent. It is the general policy of the county, in accordance with the laws of the Commonwealth of Virginia, specifically section 15.2-2283, Code of Virginia, to provide for the orderly development of land, for all purposes, through zoning and other land development legislation. Frequently, where competing and incompatible uses conflict, traditional zoning methods and procedures are inadequate. In these cases, more flexible and adaptable zoning methods are needed to permit land uses and at the same time to recognize the effects of change. It is the purpose of this section to provide a more flexible and adaptable zoning method to cope with situations found in such zones through conditional zoning, whereby an amendment to the zoning map may be allowed subject to certain conditions proffered by the zoning applicant for the protection of the community that are not generally applicable to land similarly zoned. The provisions of this section shall not be used for the purpose of discrimination in housing.

(b)

Proffer of conditions.

(1)

The owner or owners of property for which an application is being made for an amendment to the zoning map may, as part of the application, voluntarily proffer, in writing, reasonable conditions which shall be in addition to the regulations of the zoning district classification sought by the application.

(2)

Conditions so proffered may be made prior to the public hearing before the commission. Alternatively, or in addition, in consideration of comments expressed during the commission deliberations on an application, the property owner(s) may, prior to the final public hearing conducted by the board, choose to proffer original conditions or revised conditions. In addition, the board may accept amended proffers during the course of its public hearing on the application provided that the amended proffers do not materially affect the overall proposal.

(3)

The board as part of an amendment to the zoning map, may accept such reasonable conditions in addition to the regulations provided by this chapter for the zoning district to which the amendment is requested provided that:

a.

the rezoning itself gives rise to the need for the conditions;

b.

such conditions have a reasonable relation to the rezoning; and

c.

all such conditions are in conformity with the adopted comprehensive plan; and

d.

if proffered conditions include the dedication of real property or the payment of cash, the proffered conditions shall provide for the disposition of such property or cash payment in the event the property or cash payment is not used for the purpose for which proffered. All cash proffers shall be accepted and held in accordance with the terms of sections 15.2-2303.2, 2303.3, and 2303.4 of the Code of Virginia.

Reasonable conditions shall not include, however, conditions that impose upon the applicant the requirement to create a property owners' association under Chapter 26 (sec. 55-508 et seq) of Title 55, Code of Virginia, which includes an express further condition that members of a property owners' association pay an assessment for the maintenance of public facilities owned in fee by a public entity, including open space, parks, schools, fire departments, and other public facilities not otherwise provided for in section 15.2-2241, Code of Virginia; however, such facilities shall not include sidewalks, special street signs or markers, or special street lighting in public rights-of-way not maintained by the Virginia Department of Transportation.

(4)

Proffers or proffer amendments submitted for consideration in conjunction with an application for rezoning to facilitate a new residential development or residential use shall comply with the requirements of Section 15.2-2303.4 of the Code of Virginia. Any such application that includes proffers shall be accompanied by documentation provided by the applicant to:

a.

identify the manner in which the proffer(s) address an impact that is specifically attributable to the proposed residential development or use;

b.

identify the specific projected impacts to off-site public facilities created by the proposed residential development or residential use based on the existing capacity at the time of application; and,

c.

identify the direct and material benefit(s) provided to the proposed residential development or residential use from proffers addressing public facility improvements.

(c)

Submittal requirements. In addition to the information required elsewhere in this chapter for submission of petitions for reclassification of property, any applicant proposing reclassification under the provisions of this section shall submit a signed statement as follows:

Conditions voluntarily proffered for the reclassification of property identified as ___________.

I hereby voluntarily proffer that the development of the property owned by me proposed for reclassification under this application shall be in strict accordance with the conditions set forth below.

(d)

Effect of conditions.

(1)

The provisions of this section shall be considered separate from, supplemental to and in addition to the provisions contained elsewhere in this chapter or other county ordinances. Nothing contained in this section shall be construed as excusing compliance with all other applicable provisions of this Code.

(2)

Once proffered and accepted by the board as part of an amendment to the zoning map, such conditions shall continue in full force and effect until amended as provided herein.

(3)

Conditions once proffered and accepted by the board shall immediately become effective with approval of the application to amend the zoning map. Upon approval, any site plan, subdivision plat, or development plan thereafter submitted for the development of the property in question shall be in conformance with all proffered conditions and no development shall be approved by any county official in the absence of said conformance.

(4)

In the event proffered conditions include the dedication of real property or the payment of cash, such property shall not transfer and such payment of cash shall not be made until the facilities for which said property is dedicated or cash is tendered are included in the capital improvement program, except that items which are not normally included in such capital improvement program may be accepted at any time. In the event a proffer involves a pledge of a cash payment for residential construction on a per-dwelling unit or per-home basis, the cash payment pursuant to such proffer shall be collected or accepted only after completion of the final inspection and prior to the time of the issuance of any certificate of occupancy for the subject property.

(e)

Procedures for recording of conditions.

(1)

A certified copy of all ordinances accepting proffered conditions, together with a duly signed copy of the proffer statement, shall be recorded at the expense of the applicant in the name of the property owner as grantor in the office of the clerk of the circuit court.

(2)

The zoning map shall show by an appropriate symbol on the map the existence of conditions attached to the zoning on the map. The zoning administrator shall keep in his or her office and make available for public inspection a conditional zoning Index which shall provide ready access to each ordinance creating such conditions.

(f)

Enforcement and guarantees of conditions. The zoning administrator shall be vested with all necessary authority on behalf of the county to administer and enforce such conditions as may be attached to an amendment of the zoning map, including, but not limited to:

(1)

The ordering in writing of the remedy of any non-compliance with such conditions;

(2)

The bringing of legal action to ensure compliance with such conditions, including injunction, abatement or other appropriate action or proceeding; and

(3)

Requiring a guarantee, satisfactory to the board, in an amount sufficient for and conditioned upon the construction of any physical improvements required by the conditions or a contract for the construction of such improvements and the contractor's guarantee, in like amount and so conditioned, which guarantee shall be reduced or released by the zoning administrator upon the submission of satisfactory evidence that construction of such improvements has been completed in whole or in part.

Failure to meet all conditions shall constitute cause to deny the issuance of any required use, occupancy, building or other such permit, as may be appropriate and to seek such remedy as provided under the terms of this chapter.

(g)

Petition for review of decision. Any zoning applicant or any other person who is aggrieved by a decision of the zoning administrator pursuant to the provisions of section 24.1-114(f) herein may petition the board for the review of such decision. Any such appeal shall occur within thirty (30) days of the action complained of and shall be instituted by filing with the zoning administrator a notice of appeal fully specifying the grounds therefor.

The zoning administrator shall forthwith transmit to the board all of the papers constituting the record upon which the decision appealed from was taken, and the board shall proceed to hear the appeal at its next regularly scheduled meeting.

An appeal shall stay all proceedings and furtherance of the action appealed from unless the zoning administrator certifies to the governing body after the notice of appeal has been filed with the zoning administrator that by reason of the fact stated in the certificate a stay will cause imminent peril to life or property. In such case the proceeding shall not be stayed otherwise than by a restraining order which may be granted by the governing body or by a court of record on application or notice to the zoning administrator and on due cause shown.

A decision by the board of supervisors on an appeal taken pursuant to this section shall be binding upon the owner of the property which is the subject of such appeal only if the owner of such property has been provided written notice of the zoning violation, written determination, or other appealable decision.

An aggrieved party may petition the circuit court for review of the decision of the governing body on an appeal taken pursuant to this section. The provisions of Section 15.2-2285.F. of the Code of Virginia shall apply to such petitions to the Circuit Court, mutatis mutandis.

(h)

Amendments and variations of conditions. Amendment or variation of conditions created pursuant to this section may be made in accordance with the procedures set forth in section 15.2-2302, Code of Virginia, and including notice and public hearing, if applicable.

(i)

In accordance with Section 15.2-2209.1 of the Code of Virginia, and notwithstanding any other provision of this chapter, for any rezoning action approved, valid and outstanding as of January 1, 2017, and related to a new residential or commercial development, any proffered condition that requires the landowner or developer to incur significant expenses upon an event related to a stage or level of development shall be extended until July 1, 2020, or longer as agreed to by the county. However, the extensions in this subsection shall not apply (i) to land or right-of-way dedications, (ii) when completion of the event related to the stage or level of development has occurred, or (iii) to events required to occur on a specified date certain or within a specified time period.

(Ord. No. 01-20(R), 10-16-01; Ord. No. 05-34(R), 12-20-05; Ord. No. 08-17(R), 3-17-09; Ord. No. 09-15, 8-19-09; Ord. No. 10-24, 12-21-10; Ord. No. 11-15(R), 11-16-11; Ord. No. 12-15, 9-18-12; Ord. No. 17-12, 9-19-17)

Certain uses, because of their unique characteristics or potential impacts on adjacent land uses, are not generally permitted in certain zoning districts as a matter of right, but may, under the right set of circumstances and conditions be acceptable in certain specific locations. These uses are permitted only through the issuance of a special use permit by the board after ensuring that the use can be appropriately accommodated on the specific property, will be in conformance with the comprehensive plan, can be constructed and operated in a manner that is compatible with the surrounding land uses and overall character of the community, and that the public interest and general welfare of the citizens of the county will be protected. No inherent right exists to receive a special use permit; such permits are a special privilege granted by the board under a specific set of circumstances and conditions, and each application and situation is unique. Consequently, mere compliance with the generally applicable requirements may not be sufficient, and additional measures, occasionally substantial, may be necessary to mitigate the impact of the proposed development. In other situations, no set of conditions would be sufficient to approve an application, even though the same request in another location would be approved. Special use permits granted by the Board shall run with the land unless otherwise stated by the Board as a condition of approval.

(a)

Application.

(1)

Applications for the establishment of special uses shall be submitted on the official application form and shall contain the following:

a.

A narrative description of the property which shall include the assessor's parcel number or in the case of a recorded subdivision, the lot number and block description.

b.

A narrative description of the proposed uses of the property.

c.

A sketch plan of the site prepared at scale to show all existing and proposed physical improvements and such other information as is necessary to clearly indicate to the commission and the board that adequate provisions will be made for compliance with all standards for that particular use and the extent of property to be so used on a given parcel or parcels.

d.

Property owner's signature or written consent.

e.

A traffic statement specifying the expected trip generation, both 24-hour and peak hour, and, if either exceed the trip generation limits established in article II, division 5, a traffic impact analysis prepared in accordance with that section.

f.

Such other attachments as may be necessary by virtue of being in an overlay district or the YVA district.

(2)

An application shall not be deemed to have been filed until it is complete including all signatures, attachments, and the requisite filing fee.

(b)

Procedure for issuing special use permits.

(1)

Application for the establishment of special uses shall be submitted to the zoning administrator and, upon determination that such application contains all necessary elements, shall be deemed received by the board and referred to the commission for its review and recommendation.

(2)

The commission shall, within one hundred (100) days after the first meeting of the commission after such referral, report to the board its recommendation as to the approval or disapproval of such application and any recommendation for establishment of conditions, in addition to those set forth in this article, deemed necessary to protect the public interest and welfare. Failure of the commission to report within one hundred (100) days shall be deemed a recommendation of approval.

(3)

In considering applications for special use permits, the commission shall use the following criteria in its review and report to the board:

a.

Compatibility of the proposed use and location with the policies established in the comprehensive plan.

b.

Compatibility of the proposed use with the character of adjacent properties and the surrounding neighborhoods and with existing and planned development.

c.

Availability of, or ability to provide, adequate utilities, drainage, parking and loading space, lighting, screening, landscaping and open space.

d.

Provision of safe and convenient pedestrian, bicycle, and traffic movement.

e.

Compatibility of the proposed use with the intent and function of the particular zoning district in which located.

f.

Compliance with applicable performance standards and requirements as set forth in article IV.

g.

Ability to mitigate fully the negative external impacts of the proposal which are in excess of that which might otherwise be developed on the site.

(4)

Upon receipt of the recommendation of the commission, the board, after public notice in accordance with section 15.2-2204, Code of Virginia, shall hold at least one public hearing on such application, and as a result thereof shall either approve or deny the request provided further that the board shall act upon an application within one (1) year of the date of the Commission public hearing.

(5)

In approving any special use permit, the board may by resolution:

a.

Impose such reasonable standards, conditions or requirements, in addition to any specified in this chapter, as it may deem necessary to protect the public interest and welfare. Such additional standards may include, but need not be limited to, special setbacks, yard requirements, increased screening or landscaping requirements, area requirements, and standards pertaining to traffic, circulation, noise, lighting, hours of operation and similar characteristics.

b.

Require that a performance guarantee, acceptable in form, content and amount to the county, be posted by the applicant to ensure continued compliance with all conditions and requirements as may be specified.

c.

Specify time limits or expiration dates for any such special use permits, including provisions for periodic review and renewal.

(6)

A certified copy of all resolutions authorizing a special use permit pursuant to this section shall be recorded at the expense of the applicant in the name of the property owner as grantor in the office of the clerk of the circuit court.

(7)

When the board has acted on an application for a special use permit and has denied it, no other application for substantially the same request shall be considered until one (1) year has elapsed from the date of the board's action.

(8)

An applicant may request deferral an application from consideration by the board after the commission public hearing. In case of such a request, however, if the applicant does not request that the application move forward for consideration by the board within one (1) year from the date of the Commission public hearing, then such application shall become null and void.

(c)

Procedures applicable to permits.

(1)

Unless otherwise specified by the conditions of the permit or as set forth in subsection (c) (6) below, failure to establish the special use authorized by the permit within two (2) years from the date of approval by the board shall cause the permit to terminate automatically. In the case of uses involving the construction of new buildings or other structures, the use shall be deemed "established" if all necessary foundation work has been completed within the two-year period and construction work is continuously and diligently pursued thereafter under a valid building permit. In the case of uses involving occupancy of land or an existing building, the use shall be deemed "established" only if the land or buildings have been occupied and the proposed activity conducted within the two-year period.

(2)

Unless otherwise specified in the conditions of a permit or as set forth in subsection (c) (6) below, the initial term of each special use permit shall be for one (1) year from the date of approval. Upon compliance with those conditions and restrictions imposed by the board and all relevant county ordinances, the special use permit shall, without application, be renewed automatically for additional successive one (1) year terms. However, a special use permit shall not be so renewed and shall expire at the end of the term or current renewal thereof if notice of noncompliance with any material condition or restriction is mailed by certified mail to the permittee, at the address shown on the application for the permit or any new address of which the zoning administrator subsequently receives written notice, more than thirty (30) days before the end of the term or the renewal thereof then in effect and such noncompliance is not corrected within thirty (30) days to the satisfaction of the zoning administrator.

The provisions of this section are cumulative with the power of injunction and other remedies afforded by law to the county and, further, shall not be so interpreted as to vest in any applicant any rights inconsistent or in conflict with the power of the county to rezone the subject property or to exercise any other power provided by law.

(3)

Once a special use permit is granted, such use may be enlarged, extended, increased in intensity or relocated only in accordance with the provisions of this section unless the board, in approving the initial permit, has specifically established alternative procedures for consideration of future expansion or enlargement. If, however, the specially permitted use is no longer a use permitted in the zoning district in which located, the provisions of article VIII relative to expansion of nonconforming uses shall control any proposed enlargement of the use. If the use that is the subject of the special use permit becomes a use permitted as a matter-of-right through subsequent amendment of this chapter, the special use permit conditions shall be voided but only to the extent they are more restrictive than those conditions applicable generally to such by-right use.

(4)

Uses in a district for which a special use permit is required, which were legally existing without such a permit at the time of adoption of this chapter or an amendment thereto which required such a special use permit, shall not be deemed nonconforming uses, but shall, without further action, be deemed conforming special uses so long as they continue in existence. Such special uses shall be subject to the provisions of subsection (d) below with respect to any enlargement, extension, increase in intensity or relocation.

(5)

Where any special use or conforming special use is discontinued for any reason for a continuous period of two (2) years or more, the special use permit shall automatically terminate without notice. A use shall be deemed to have been discontinued when the use shall have ceased for any reason, regardless of the intent of the owner or occupier of the property to reinstitute the use at some later date. The approval of a new special use permit shall be required prior to any subsequent reinstatement of the use.

(6)

As provided in Code of Virginia sections 15.2-2209.1:

a.

In the case of any special use permit outstanding as of January 1, 2017, and related to new residential or commercial development, any deadline in such special use permit or in this chapter that requires the commencement of a project or that requires the landowner or developer to incur significant expenses related to improvements for a project within a certain time, shall be extended to July 1, 2020. This provision shall not apply to any requirement that a use authorized by a special use permit or other zoning action shall be terminated by a certain date as within a set number of years. This extension of time shall not be effective unless any performance bonds and agreements or other financial guarantees of completion of public improvements in or associated with the proposed development are continued in force.

(d)

Amendment of special use permits. An amendment is a request for any enlargement, expansion, increase in intensity, relocation, or modification of any condition of a previously approved and currently valid special use. Amendments shall be processed as follows:

(1)

Non-material and insignificant modifications, shifts in location, slight changes in size, shape, intensity, or configuration may be authorized by the zoning administrator provided there is nothing in the currently valid permit to preclude such action, the changes comply fully with other provisions of the permit and the Code, and that there will be a five percent (5%) or less increase in either lot coverage or floor area over what was originally approved.

(2)

Minor enlargements, expansions, increases in intensity, relocations, or modifications of any conditions of an approved and currently valid special use may, without public hearing, be authorized, including the establishment or reestablishment of reasonable conditions, by resolution of the board provided that such minor changes comply with the following criteria:

a.

There will be a cumulative total of less than a twenty-five percent (25%) increase in either total lot coverage or floor area;

b.

There will be no detrimental impact on any adjacent property caused by significant change in the appearance or the use of the property or any other contributing factor;

c.

Nothing in the currently valid special use permit precludes or otherwise limits such expansion or enlargement;

d.

The proposal conforms to the provisions of this article and is in keeping with the spirit and intent of the adopted comprehensive plan.

(3)

Any proposed amendment other than those provided for in paragraphs (1) and (2) above shall be considered a major amendment of a previously approved and currently valid special use and shall be approved in the same manner and under the same procedures as are applicable to the issuance of the original permit.

(4)

For an existing and currently valid special use permit which is no longer allowed as a special use in the zoning district in which located, the board, upon receipt of an application, may review and approve an amendment to said permit, provided such amendment does not allow the use to be enlarged, expanded, increased in intensity, relocated, or continued beyond any limitation specified in the existing use permit or established in article VIII Nonconformities.

(Ord. No. 01-20(R), 10-16-01; Ord. No. 08-17(R), 3-17-09; Ord. No. 12-15, 9-18-12; Ord. No. 17-12, 9-19-17; Ord. No. 24-17(R), 9-17-24; Ord. No. 25-25, 9-16-25)

The zoning administrator shall cause notice to be posted on properties for applications made under this chapter. The filing of an application shall be deemed to grant approval to the county for posting of notice on the subject property.

(a)

The notice shall be posted at least seven (7) days prior to public hearings on the subject property along every street frontage, or, if there is no abutting street, then in an appropriate location to ensure visibility from public roads or adjacent occupied property.

(b)

Posting of notices shall be reasonably attempted, but shall not be required when:

(1)

the hearing involves an application for an amendment to the zoning map involving twenty-six

(26)

or more parcels of land initiated by action of the commission or board; or

(2)

the hearing involves an application for a special use permit or zoning appeal involving twenty-six (26) or more parcels of land.

(c)

Posting of notices shall not be required when:

(1)

the hearing involves an application for a comprehensive amendment to the zoning map initiated by action of the commission or board; or

(2)

the zoning administrator determines that posting notice is impractical and will not facilitate the public dissemination of information.

(d)

The inadvertent failure to post notices, or the inadvertent placement of notices on other than the subject property shall not be deemed to invalidate any action of the commission, board of zoning appeals or board concerning the subject application.

(a)

Except as specifically noted below, certain utilities and services shall be exempt from the other regulations of this chapter. Specifically, the following facilities and equipment shall be so exempted:

(1)

Traffic signals, fire hydrants, alarm or emergency devices, telephone booths and pedestals, public transit shelters, mailboxes, and similar devices and structures;

(2)

Wires, poles, pipes, meters and similar facilities which provide service connections between primary distribution lines or mains and individual residential, commercial or industrial customers, or which are an integral and accessory part of a subdivision or development;

(3)

Sewage pump and lift stations, water storage and pumping facilities, communication switching and relay facilities, and similar utilities when approved by the zoning administrator as a necessary and integral component of a public utility system. Such facilities shall be surrounded by a Type 25 Buffer, as defined in this chapter.

(4)

Railroad tracks, signals, bridges and similar facilities and equipment located on a railroad right-of-way, and maintenance and repair work on such facilities and equipment.

(b)

Any utility substation, treatment plant, generating plant, or similar facility which is not within the normal scope of distribution facilities referred to above shall be authorized only by special use permit.

(Ord No. O98-18, 10-7-98; Ord. No. 05-13(R), 5-17-05; Ord. No. 08-17(R), 3-17-09)

Conservation easements required by this chapter shall be subject to the following:

(a)

Conservation easements may be granted to the county or to any other entity having a charter or bylaws appropriate to retaining land or water areas for conservation purposes and which is deemed acceptable by the zoning administrator in consultation with the county attorney.

(b)

Conservation easements granted to the county shall not be construed to imply that the county holds any maintenance responsibility over the property covered by the easement.

(c)

In lieu of establishing a conservation easement, the zoning administrator, with the concurrence of the county attorney, may authorize other arrangements which would effect the same purpose as a conservation easement for a comparable period of time.

(d)

The county attorney shall approve the form of any easement granted to the county.

(e)

All easements shall be recorded at the expense of the applicant in the name of the property owner as grantor in the office of the clerk of the circuit court.