(a)

Except as may be specifically authorized by other provisions of this chapter, only one (1) principal dwelling unit shall be permitted on any individual lot located in the RC, RR, R33, R20, R13, and R7 districts.

(b)

Except as may be specifically authorized by other provisions of this chapter, a principal residential use shall not occupy the same lot with any use other than a lawful residential accessory use as permitted by Section 24.1-271, or in the RC or RR Districts with a use qualifying as agriculture as defined in this chapter.

(c)

No building permit shall be issued for a parcel which is not a lot of record.

(Ord. No. 14-12, 6-17-14; Ord. No. 17-12, 9-19-17)

Prior to issuance of any building permit or other permit for use of a parcel of land subject to the terms of this chapter, the property owner or applicant shall be required to verify that there is a legal right of access to the parcel from a public right-of-way, either by virtue of direct frontage/access or by virtue of an access easement or other legally enforceable rights of access. The same type of verification shall be required with respect to access to public water and sewer service, if the property is required to be served by such utilities.

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

(a)

Each lot created subsequent to the adoption or amendment of this chapter shall comply with all area and dimensional regulations, as amended, for the district in which located and with all applicable provisions of the subdivision ordinance. Lots shall not be created in such a manner as to cause any existing structures to be in conflict with setback and yard requirements of the district in which located.

(b)

Where a development is proposed to encompass and be situated on multiple existing lots under the same ownership, the lot lines separating said lots shall be vacated through the preparation and recordation of a survey plat, prepared in accordance with all applicable procedures and requirements. The recordation of such plat shall be a prerequisite for the issuance of land disturbing permits and/or building permits for the proposed development project. In the event the development proposed can stand alone on each of the lots without a principal use/accessory use dependency and in compliance with all applicable setback and other dimensional requirements, then vacation of the lot lines shall not be required.

(c)

Other provisions of this chapter relating to side and rear setbacks notwithstanding, an individual lot encompassing one or more of the attached tenant spaces in a retail or office center may be created provided that:

(1)

The lot meets the minimum area and width requirements for the district in which located;

(2)

The remainder of the parent tract meets the minimum area and width requirements for the district in which located;

(3)

The proposed lot lines shall be coterminous with a common wall separating individual tenant spaces, or with a landscape island running parallel to the lot line(s), or with the centerline of a driveway, parking lot drive-aisle, or shall be otherwise located logically and appropriately in relation to entrance drives, the parking lot layout and other similar features of the property, as determined by the zoning administrator and subdivision agent;

(4)

Appropriate cross-easements shall be established to allow the development to function in an integrated and coordinated manner in terms of parking, circulation, management, maintenance and operations;

(5)

Binding agreements or restrictions shall be established requiring the structures on the parcels created in this manner to remain in the approved configuration relative to property lines and to observe the same configuration if ever destroyed and rebuilt; and

(6)

There shall be no additional freestanding signage allowed for the retail or office center as a whole as a result of such parcel configurations. For purposes of signage, the retail or office center shall continue to be deemed to constitute a single parcel.

(7)

There shall be no additional driveway connections to the adjoining public road(s) allowed for the retail or office center as a whole as a result of such parcel configurations. For purposes of driveway connections, the retail or office center shall continue to be deemed to constitute a single parcel.

(Ord. No. 05-13(R), 5-17-05; Ord. No. 08-17(R), 3-17-09)

Unless specifically exempted by this section or other terms of this chapter or the subdivision ordinance, each lot or parcel hereafter created shall have frontage on a public street, which frontage shall not be less than the minimum lot width required for the district in which located.

(a)

Where lot lines are established radially from a curved street so as to increase the width of the lot with the distance from the street line, the frontage of such lots may be reduced to not less than seventy percent (70%) of the minimum required lot width or fifty feet (50'), whichever is greater. In such cases, frontage shall be measured along the chord of such curve and lot width shall be measured at the minimum building setback line prescribed for the district in which located. (See Figure II-1 in Appendix A)

(b)

In the case of lots fronting on a cul-de-sac, the frontage of such lots may be reduced to not less than fifty percent (50%) of the minimum required lot width or fifty feet (50') whichever is greater. In such cases, frontage shall be measured along the chord of such curve and lot width shall be measured at the minimum building setback line prescribed for the district in which located. (See Figure II-1 in Appendix A)

(c)

Other provisions of this chapter notwithstanding, flag lots may be permitted but only in accordance with the following requirements and all applicable requirements of the subdivision ordinance. Nothing in this section shall be construed to recognize flag lots as a generally available design technique to be used as a matter of right by any person subdividing land.

(1)

Flag lots may be utilized to prevent unnecessary or undesirable accesses to collector or arterial roads; or

(2)

Flag lots may be utilized to recognize unique physical or environmental characteristics of a parent tract which preclude efficient and logical subdivision in accordance with normally applicable frontage requirements.

(3)

The following limitations shall apply to flag lots:

a.

One lot, or a maximum of five percent (5%) of the total lots in a subdivision, whichever is greater, may be flag lots. This limitation shall be cumulative for subdivisions consisting of more than one (1) section. The zoning administrator may waive this limitation upon finding that authorizing the use of additional flag lots would preserve environmentally sensitive land or have a direct positive impact on designated environmental management or Chesapeake Bay Preservation areas.

b.

Flag lots shall not be permitted whenever the effect would be to increase the number of lots with direct access to a major collector or arterial street.

c.

That portion of a flag lot comprising the "staff" shall not be counted for the purpose of determining minimum lot area compliance.

d.

The minimum width of the "staff" portion of a flag lot shall be thirty feet (30') and the edge of any driveway constructed within the "staff" shall be at least five feet (5') from the side property lines of the "staff." Where two flag lots abut one another, the "staff" portions of the lots shall be coterminous to the extent possible from a design/layout standpoint. Where the "staffs" are abutting, the minimum widths may be reduced to twenty feet (20') each, there shall be no minimum driveway setback from the common property line separating the "staffs", and the use of a shared/common driveway is encouraged. Landscaping shall be installed to provide a visual buffer between driveways and the side and rear yards of any adjacent residential properties; however, the landscape buffer shall be optional between adjoining driveways in adjoining "staffs".

e.

Unless otherwise specified by the zoning administrator, the front lot line of a flag lot shall be the lot line which is closest and most nearly parallel to the street to which the "staff" portion of the flag lot connects.

(Ord. No. O98-18, 10-7-98; Ord. No. 05-34(R), 12-20-05; Ord. No. 08-17(R), 3-17-09; Ord. No. 09-22(R), 10-20-09)

In accordance with the comprehensive plan, certain land areas shall not be developed at all and others may only be credited partially toward buildable or developable area. These shall be determined on a case-by-case basis utilizing the percentages shown in the table below where:

The "Density" column contains the percentage of the specified land type which may be included in calculations of net developable density;

The "Lot size" column contains the percentage of the specific land type which may be included to meet minimum lot size requirements; and

The "Platted" column contains the percentage of the specified land type which may be platted as part of individual lots for transfer to a party other than a property owners' association or similar entity such as a land conservation trust.

In all cases, the zoning administrator shall be satisfied that each and every lot platted contains a sufficient building site for the future use of the property based on its zoning classification at the time the plat is submitted.

(Ord. No. O98-18, 10-7-98; Ord. No. 05-13(R), 5-17-05; Ord. No. 05-34(R), 12-20-05; Ord. No. 17-12, 9-19-17; Ord. No. 24-17(R), 9-17-24)

The lot area requirements set forth in the district regulations of this chapter are predicated on the availability of public water service and public sewer service to each lot. Any lot created after the adoption of this chapter and not served by a public water supply or a public sewer facility shall conform to the following area standards, unless greater requirements are specified for the zoning district in which located. Building permits may be issued for construction on existing lots of record which do not meet the area standards set forth below provided that any proposed individual wells and septic systems can be accommodated on the same lot.

AREA REQUIREMENTS FOR LOTS WITHOUT PUBLIC UTILITIES

(Ord. No. O98-18, 10-7-98)

In order to encourage the efficient and improved use of land, where topography, other environmental constraints or the configuration of the parent tract may affect development design, the following standards are hereby established for the purpose of allowing certain variations in minimum lot area requirements for conventional single-family detached dwelling subdivision proposals in the RC, RR, R33, R20, and R13 zoning districts:

(a)

One or more lots within such proposed subdivision may be reduced to an area which is not less than seventy-five percent (75%) of the minimum lot area requirement for the district in which located provided that an equal number of lots within the same subdivision are oversized by an equal or greater amount.

(b)

The resulting subdivision must contain at least ten (10) lots.

(c)

Corner lots, because of their required greater dimensions, shall not be eligible for reduction in area, nor may they be counted as the required oversized lots.

(d)

Such proposed subdivision shall be served by public water and public sewer.

(e)

Proposed plans for such subdivision shall be submitted for review in accordance with all applicable procedures and requirements of the subdivision ordinance. All plans and plats pertaining to such subdivision shall contain a special notation indicating that the proposal is submitted in accordance with section 24.1-205, lot area averaging, of this ordinance.

(f)

All proposed lots shall be of sufficient size, dimension and configuration to provide an adequate buildable area in conformance with the applicable dimensional standards.

(g)

Where lot area averaging is proposed for a subdivision within an area classified R-13, the maximum number of lots which may be reduced in area shall not exceed ten percent (10%) of the total number within the proposed subdivision as shown in the proposed preliminary subdivision plan.

(Ord. No. 14-12, 6-17-14)

In the case of corner lots, all yards abutting a street shall be considered front yards and a minimum building setback of thirty feet (30') from a public street right-of-way shall be maintained unless a larger setback is otherwise required. Other special requirements applicable to corner lots are as follows:

(a)

The minimum width requirement for each frontage of any corner lot hereafter created shall be equal to the normally required lot width plus the difference between the required front and side yard dimensions for the district in which located provided, however, that the maximum width required as a result of application of this provision shall be one hundred fifty feet (150'). (See Figure II-3 in Appendix A)

(b)

Rear Yard The zoning administrator shall determine the required rear yard for a corner lot based on the existing or proposed orientation of the principal building and taking into consideration the orientation of buildings on adjoining properties. (See Figure II-3 in Appendix A)

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

In the case of existing through lots which are already developed, the front yard shall be determined by the zoning administrator based on the orientation of the primary structure. For existing through lots which are undeveloped, the front yard shall be oriented to the roadway with the lower traffic volume, unless in a non-residential zone or approved otherwise by the zoning administrator. In all cases of further development of existing through lots, the zoning administrator may require the recording of a restricted access easement across the rear of the property, when it is found that the overall transportation safety and system efficiency would be improved by such action. The creation of through lots shall only occur in accordance with section 20.5-70(f) of the subdivision ordinance. A minimum building setback of thirty feet (30') from a public street right-of-way shall be maintained, regardless of yard, unless a larger setback is otherwise required. In residential districts, accessory structures shall have a minimum building setback of five feet (5') from a public street right-of-way with a recorded restricted access easement.

(Ord. No. 24-17(R), 9-17-24)

Where fifty percent (50%) or more of the lots within a block are occupied by existing buildings and the average yards (front, rear, or side) of the existing principal buildings are less than that required by this chapter, the average so established may be taken in lieu of that which is otherwise required, provided however that in no case shall a front yard depth so determined be less than twenty feet (20'), or less than the setback line described on a recorded subdivision plat. Any front setback so determined shall be increased as necessary to accommodate any right-of-way reservation area required pursuant to the terms of section 24.1-223. In the case of side or rear yards, no side yard shall be less than ten feet (10') nor shall a rear yard be less than twenty feet (20'). For the purpose of this calculation, only those lots on the same side of the street on either side of the lot in question for a distance of six hundred feet (600') or to the nearest street intersection, whichever is less, shall be included within the calculation of the average yard unless the zoning administrator shall determine, in writing, that a greater or lesser distance is appropriate based on clearly discernible development patterns and community character.

(Ord. No. 05-13(R), 5-17-05)

In the event a property being developed abuts a public or private street which has a right-of-way width which is substandard under the standards of the Virginia Department of Transportation or less than the width necessary to accommodate future road improvements based on the comprehensive plan of the county or the plans of the Virginia Department of Transportation or Hampton Roads Metropolitan Planning Organization, the normally required front yard and front perimeter landscape yard depths for said development shall be increased by an amount which is equal to one-half (½) of the total right-of-way deficiency. The area so added shall be reserved for future roadway construction, and no structures shall be erected with it in anticipation of the area being incorporated into the existing street right-of-way.

In the case of a parcel abutting a primary system highway that is not a limited access roadway or a frontage road associated with a limited access roadway and that is not planned for widening in the current Virginia Department of Transportation Six-Year Plan or in the current Regional Transportation Plan or the York County Comprehensive Plan, if the front property line of said parcel is 50 feet or more from the edge of the existing pavement the 20-foot front landscaped yard required by section 24.1-244 may be reduced to five feet, provided that the Virginia Department of Transportation will allow the landscape planting requirements specified by section 24.1-242 to be met by plantings which shall be installed by the property owner within that 5-foot area and the 15 feet of right of way closest to the front property line, and the 10-foot setback for signs required by section 24.1-702 may be waived and the sign may be located in the area between the normal setback line and the front property line or, in the event the Virginia Department of Transportation authorizes such placement through a land lease or permit arrangement, may be located within 10 feet of the front property line of the parcel and within the VDOT right-of-way, provided however, that any new sign installed pursuant to this section shall be a monument style sign. Should such lease/permit be terminated by VDOT, or should the subject 10-foot area be needed for a public utility project, the property owner shall be responsible for relocating the sign to comply with all applicable sign setback standards then in effect.

(Ord. No. 05-22(R), 8-16-05)

In the case of development proposals where two (2) or more principal structures are permitted to be located on a single lot, such structures shall be located at least twenty feet (20') from one another.

The following special yard regulations shall apply to the development of property:

(a)

Awnings and bay windows which are not more than ten feet (10') wide may extend three feet (3') into a required yard.

(b)

The ordinary projections of eaves, gutters, chimneys, and flues may extend into a required yard not to exceed three feet (3'). Uncovered stoops and uncovered landings shall not exceed six feet (6') by six feet (6') into a required yard.

(c)

Mechanical or HVAC equipment may be located in a required rear or side yard. If such equipment is located in a required front yard, the equipment must be screened from view from public streets and adjacent properties.

(d)

Retaining walls determined to be necessary by accepted engineering practice for earth or building stabilization shall be exempt from yard and setback requirements.

(e)

Fences shall be subject to the specific requirements as set forth in division 7 of this article and shall not be subject to yard or setback requirements.

(f)

For those lots that do not conform to a typical rectangular shape, lots that have no street frontage, or that abut a water body, and which are not covered by any of the special rules set forth in the preceding sections, the zoning administrator shall establish the location of the front, side and rear lots lines and the associated yards after evaluating the configuration of the property, the character and orientation of surrounding existing or potential land uses, the point(s) of access to the property, the existing or proposed building orientation, and such other factors as deemed appropriate.

(Ord. No. 08-17(R), 3-17-09; Ord. No. 17-12, 9-19-17; Ord. No. 24-17(R), 9-17-24; Ord. No. 25-25, 9-16-25)

Sight triangles shall be required at all street intersections and site entrances. Sight triangles shall include the area on each corner of a street or entrance that is bounded on two (2) sides by lines running along the pavement edges of the intersecting streets or streets/driveways between the sight points and the point of intersection, and on the third side by a straight line (hypotenuse) connecting the two sight points (see Figure II-4 in Appendix A). The sight point location shall be determined as follows based on the roadway classification:

(1)

Signs, plantings, structures or other obstructions which obscure or impede sight lines between three feet (3') and six feet (6') in height above grade shall be prohibited within the sight triangle.

(2)

The sight triangle shall be clearly shown and its purposes noted on all plats and plans.

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

The general height regulations of the district in which a parcel is located shall apply to all principal and accessory structures except as may be specifically provided elsewhere in this chapter. The Airport Safety Management Overlay District height regulations set forth in section 24.1-371 may not be exceeded for any reason except as may be provided within the regulations of the overlay district.

(a)

The zoning administrator may grant administrative exemptions to the district height regulations to permit reasonable increases in height for the following situations:

(1)

Church spires, belfries, cupolas, monuments, chimneys, water towers, fire towers, cooling towers, electric substation components, radio and television antennas may be permitted to exceed the height stipulated in the district regulations by no more than twenty-five percent (25%) if attached to a building, or to a maximum of one hundred feet (100') if free-standing. Wind turbines may be erected to a height not more than 25% greater than the district maximum if mounted on the roof of a commercial, industrial, or multi-family residential structure, or to a maximum of 40 feet if free-standing. The preceding height increase opportunities shall not apply to dish antennas, signs and flagpoles, or other similar structures. The zoning administrator shall determine whether a proposed height increase is necessary to serve a functional purpose as opposed to merely drawing attention to the structure.

(2)

Parapet walls or similar structures may exceed the maximum height limit by not more than eight feet (8'). Such walls or structures shall not be used as, for, or to support signs. Pitched roofs on structures located in commercial and industrial zoning districts may exceed the maximum height limit by up to twenty-five percent (25%) provided that the zoning administrator determines that the actual number of building floors with habitable space is no greater than would be allowed with a flat roofed structure and provided further that the fire chief has reviewed and approved the proposed structure and site design to ensure appropriate accessibility for effective fire containment and control, including specifically the location of fire lanes to facilitate the positioning of fire-fighting apparatus and equipment during an emergency response.

(3)

Except as noted above, no accessory building or structure shall exceed the maximum height limitation established for the district or the height of the structure to which it is accessory, whichever is less, provided, however, that buildings which are accessory to a single-story building may be constructed to a maximum height not exceeding 1.25 times the height of the principal building. In cases where this is permitted, the accessory building shall be separated from the principal building by a distance of at least twenty feet (20').

(4)

Buildings and structures used in conjunction with a bona fide agricultural use in an RC or RR district shall be exempt from the height limits specified for those districts. This exemption shall not apply to buildings constructed in conjunction with horsekeeping activities as a residential accessory use.

(b)

The board, after conducting a duly advertised public hearing, may authorize exemptions to the height regulations which exceed those which may be authorized administratively, as provided in subsection (a) above. In granting exemptions, the board may impose reasonable conditions. No exemption shall be granted which violates the terms of the airport safety management overlay district.

(Ord No. O98-18, 10-7-98; Ord. No. 05-13(R), 5-17-05; Ord. No. 08-17(R), 3-17-09; Ord. No. 10-2, 3-16-10)

(a)

Buildings in excess of fifty feet (50') in height, such height for the purposes of this subsection being measured to the highest part of the roof, shall have accessible fire lanes surrounding the entire building which are determined, by the fire chief, to be appropriate for effective fire containment and control in the building.

(b)

Any two (2) buildings in excess of fifty feet (50') in height, such height for the purposes of this subsection being measured to the highest part of the roof, shall be separated from each other by no less than forty feet (40').

(Ord. No. 10-1(R), 1-19-10)

(a)

Ridgeline or Highest part of the Roof Exceeding Thirty-five Feet (35'): Any single-family detached dwelling having a ridgeline or highest part of the roof in excess of thirty-five feet (35') above average finished grade shall be designed and constructed to meet the following standards:

(1)

Exterior access to both the roof and the uppermost occupied story shall be no higher than thirty feet (30') above finished grade at any point.

(2)

The building and site shall be designed and maintained to ensure there are no obstructions that would impede or prevent access by ground ladders or aerial ladder devices to the uppermost story or roof area.

(3)

No such structure or portion thereof shall be further than six hundred feet (600') from a fire hydrant.

(4)

In situations where the fire hydrant distance requirement cannot be met, the applicant may choose to install an automatic residential fire sprinkler system, approved by the Department of Fire and Life Safety and in conformance with applicable National Fire Protection Association standards (or an approved equivalent). Such system shall be designed to protect all living spaces, garage areas and other spaces deemed necessary by virtue of the building design and, in addition, the building shall be equipped with appropriate fire/smoke detection devices in accordance with the terms of the Building Code. This option shall be available only to those properties served by a public water supply and located within 1,200 feet of a fire hydrant (provided the structure does not require more than one hydrant for adequate fire flows), and provided that the structure, including garage/attic/concealed spaces, is protected by a monitored fire detection and alarm system.

(b)

Ridgeline or Highest Part of the Roof Exceeding Forty Feet (40'): Any single-family detached dwelling unit having a ridgeline or the highest part of the roof in excess of forty feet (40') above average finished grade shall require authorization by the Board of Supervisors by special exception processed in the same manner as are special use permits. Such authorization shall be in accordance with the following standards:

(1)

Exterior access to both the roof and the uppermost occupied story shall be no higher than thirty feet (30') above finished grade at any point.

(2)

The building and site shall be designed and maintained to ensure there are no obstructions that would impede or prevent access by ground ladders or aerial ladder devices to the uppermost story or roof area.

(3)

The structure, including any garage, attic, or other concealed spaces, shall be protected by a monitored fire detection and alarm system.

(4)

The structure shall be within 600 feet of a fire hydrant, or multiple fire hydrants if more than one is required by the fire code based on fire flow requirements for the structure size).

(Ord. No. O97-17, 6-4-97; Ord. No. 08-17(R), 3-17-09; Ord. No. 10-1(R), 1-19-10)

The allowable building height for single-family detached residential structures located in a Special Flood Hazard Area determined pursuant to the terms of Section 24.1-373 of this Chapter may be increased by one foot (1') for each foot the structure is elevated above the base flood level, not to exceed however a building height of forty-five feet (45'), subject to the following standards and requirements:

(a)

The minimum required front, side and rear building setback of structures constructed pursuant to this section shall be increased by one foot (1') for every one foot (1') of building height in excess of thirty-five feet (35').

(b)

All applicable procedures and requirements of Section 24.1-233 shall be observed.

(Ord. No. 10-1(R), 1-19-10)

This section provides standards for landscape design and for the preservation of trees in order to control soil erosion and reduce stormwater runoff, protect and improve the quality of surface and groundwaters, screen noise and dust, and preserve, protect and enhance the natural and built environment.

(Ord. No. 03-42(R), 12-2-03; Ord. No. 25-4, 2-18-25)

(a)

A landscape plan shall be:

(1)

Required in conjunction with any development project requiring site plan or development plan approval;

(2)

Prepared and/or certified by a landscape architect, landscape nursery person, horticulturalist, Chesapeake Bay Landscape Professional, or other qualified design professional as approved by the zoning administrator.

(3)

Shall cover the entire project area included in the overall site plan or development plan for which approval is sought.

(b)

A landscape plan shall include:

(1)

The location, size, and names of all heritage, memorial and specimen trees, as defined in Section 24.1-104, in areas proposed to be disturbed. For such trees, both common and scientific names shall be provided. In wooded areas, the plan shall indicate the tree line prior to and post development.

(2)

Existing vegetation to be preserved for landscape credits shall be indicated and noted accurately, including species name and caliper or height.

(3)

Location, dimensions and area of all Chesapeake Bay Preservation Areas as defined in Chapter 23.2 of this code, required buffers, and landscape yards including transitional areas.

(4)

Location and description of other proposed landscape improvements such as earth berms, walls, fences, or paved areas including notes and installation details to describe fully the methods and materials proposed.

(5)

Plant list or schedule to include common and botanical name, quantity, spacing and size at time of planting of all proposed plants.

(6)

Locations (noting on-center planting dimensions) and labels of all proposed plants.

(7)

Planting, installation details and tree protection details as necessary to ensure conformance with the standards in section 24.1-242.

(8)

Schedules or lists showing required and proposed quantities for landscape items required by the zoning ordinance.

(9)

A description of maintenance of the plantings throughout the year as recommended by the design professional preparing the plan.

(c)

In preparing landscape plans the following factors shall be considered:

(1)

Strategic vegetation placement and preservations for stormwater management and runoff pollution reduction.

(2)

Preservation and protection of existing viable and mature trees to the maximum extent feasible. The design professional shall evaluate the stand edges of existing vegetation and recommend techniques to soften the edge of disturbance to minimize abrupt transitions and reduce susceptibility to wind damage.

(3)

Appropriateness of plants and locations for the specific characteristics of the site and the purpose for installation. Vegetation design shall consider available sunlight, soil conditions, mature height, maintenance needs, and root system.

(4)

A preference to designs and plant materials with reduced water needs.

(5)

An emphasis on landscaping in front of the principal building on the site and on providing appropriate breaks in parking and vehicular areas.

(d)

No site or development plan required under the terms of this chapter shall receive final approval unless a landscaping plan has been submitted and approved.

(e)

No certificate of zoning compliance or certificate of occupancy may be issued unless the following criteria are fully satisfied with regard to the approved landscape plan:

(1)

Such plan has been implemented on the site; or

(2)

Such plan, because of seasonal conditions, cannot be implemented immediately, but has been guaranteed by a postponed improvement agreement between the developer and the county in a form acceptable to the county attorney, and secured by a letter of credit, cash escrow or other instrument acceptable to the county attorney in an amount equal to the cost of such installation plus a reasonable allowance for estimated administrative costs, inflation and potential damage to existing vegetation or improvements (see sample agreement in Appendix B). An irrevocable fully executed contract with a landscape contractor or nursery providing for such installation shall be deemed to be a sufficient guarantee for the purposes of this section.

(Ord. No. 03-42(R), 12-2-03; Ord. No. 25-4, 2-18-25)

(a)

Maintenance of landscaping and screening. The property owner shall be responsible for the maintenance of all landscaping, fencing, and screening materials required by this chapter or under the terms of other development approvals and shown on an approved landscape plan. Failure to maintain such landscaping, fencing and screening shall be deemed a violation of this chapter.

(1)

The property owners shall maintain all required landscaping in a healthy condition. The owner shall replace any dead or diseased plants promptly and shall keep all landscaped areas free of debris.

(2)

All fences, wall, and screening required by this chapter shall be maintained in good repair.

(3)

When replacing any required landscaping, the owner shall use the same species and sizes as originally approved, unless an amended plan has received approval. In meeting the terms of this section, the replacement of mature trees which were counted toward the original landscape compliance shall be with trees of a similar species and of a size that achieves the number of landscape credits originally achieved by the mature trees.

(b)

Source standards. All plant materials installed on a site shall have been grown in conformance with the American Standard for Nursery Stock, provided however that the zoning administrator may approve, in writing, the transplanting of trees or shrubs when such transplanting is done in accordance with accepted horticultural and silvicultural practices.

(c)

Standards for berms and earth forms. All berms and earth forms required or otherwise proposed for use shall conform with the following standards (See Figure II-5 in Appendix A):

(1)

Design should include physical variations in height and alignment.

(2)

Landscape plant material installed on berms and earth forms should be arranged in an irregular pattern to accentuate variation and achieve a natural appearance.

(3)

Location and design shall minimize disturbance to existing trees located on the site or adjacent thereto.

(4)

Sight triangle provisions contained in this chapter and the subdivision ordinance shall be observed.

(d)

Layout and design standards. Except as may be otherwise required by this article, the following layout and design standards shall apply to all landscape plans:

(1)

All trees installed to meet the requirements of this chapter shall be comprised of a combination of tree types (e.g., deciduous shade, evergreen, flowering ornamental) unless otherwise specified. No more than fifty percent (50%) of the required trees shall be of one type (i.e., deciduous, evergreen), nor shall more than twenty-five percent (25%) of the required trees be of a single species.

(2)

All trees installed to meet the requirements of this chapter should be dispersed throughout the required planting areas, should be planted with a combination of single and groups of trees in a staggered, clustered or other pattern designed to complement the building and site design and promote appropriate views and sight lines. Trees shall not be installed in a continuous single row except where necessary and appropriate to meet screening or transitional buffer requirements.

(3)

Shrubs, perennials and ornamental grasses installed to meet the requirements of this chapter should be installed in groupings and integrated with trees.

(4)

Existing vegetation which is suitable for use in the landscape shall be preserved and used as required plantings to the maximum extent practicable. In no case shall any viable mature, heritage, memorial, specimen or significant tree be removed from any buffer area or landscape preservation easement except to accommodate necessary entrances or utility service to the site which cannot be relocated in an appropriate manner or where such preservation would create or perpetuate demonstrable public health, safety, or welfare hazards.

(5)

Impervious surface area should be limited to the minimum amount necessary to accommodate the desired development and ensure appropriate levels of parking, traffic safety, and on-site circulation. The zoning administrator may require plan modifications which reduce the amount of impervious surface area without inhibiting site development and operation.

(6)

Vegetation along drive aisles, fire lanes, and access roads shall not impact emergency vehicle access.

(7)

Modifications of the layout and design standards contained herein may be approved by the zoning administrator upon a determination that all of the following conditions exist.

a.

The proposed layout and design furthers a readily discernible theme or complements the architectural style of the structures on site. The lining of an entrance road or driveway with trees of the same species in straight lines parallel to the road or driveway in an attempt to further a colonial or antebellum theme expressed in the architecture of the buildings or the use of massed ornamental plantings to highlight or complement a unique architectural or natural feature are examples.

b.

The proposed layout and design provides landscaping which will have the same or similar screening impact, intensity, or variation throughout the year when viewed from adjacent properties or rights-of-way as that which would be required by strict interpretation of the standards contained in this subsection.

c.

The proposed layout and design fully integrates and complements the existing trees to be preserved on the site.

(6)

Any trees or shrubs installed or preserved on the site which exceed the minimum numerical requirements of this chapter shall not be subject to the species mixture, locational, maintenance or replacement requirements contained herein.

(e)

Tree protection standards.

(1)

Trees which are to be preserved on site shall be protected before, during and after the development process utilizing accepted practices. At minimum, the tree protection practices set out in the most current Virginia Erosion and Sediment Control Handbook shall be utilized.

(2)

Trees selected for preservation in order to obtain landscaping credits shall be shown on the landscape plan and clearly marked in the field. In woodland areas, groups of trees shall be selected for preservation rather than single trees wherever possible.

(3)

Trees and groups of trees which are to be preserved shall be enclosed by a temporary fence or barrier to be located and maintained five feet (5') outside of their dripline during construction. Such a fence or barrier shall be installed prior to clearing or construction, shall be sufficient to prevent intrusion into the fenced area during construction, and in no case shall materials, vehicles or equipment be stored or stockpiled within the enclosure. Within the fenced area, the topsoil layer shall not be disturbed except in accordance with accepted tree protection practices.

(4)

The developer shall be responsible for notifying all construction personnel of the presence and purpose of clearing limits and protective fences or barriers and for ensuring that they are observed.

(5)

Where grade changes in excess of six inches (6") from the existing natural grade level are necessary, permanent protective structures such as tree wells or walls shall be indicated on the landscaping plan and installed in accordance to the plan.

(f)

Selection of trees for preservation. In determining which trees shall be preserved during the development process, consideration shall be given to preserving trees which:

(1)

Are heritage, memorial, significant and specimen trees;

(2)

Complement the project design including the enhancement of the architecture and streetscape appearance;

(3)

Can tolerate environmental changes to be caused by development (i.e., increased sunlight, heat, wind and alteration of water regime);

(4)

Have strong branching and rooting patterns;

(5)

Are disease and insect resistant;

(6)

Complement or do not conflict with stormwater management and Best Management Practice designs;

(7)

Are located in required Chesapeake Bay Resource Protection Areas or buffer areas;

(8)

Exist in natural groupings, including islands of trees;

(9)

Do not conflict with necessary utility, structure, parking area, roadway or sidewalk placements;

(10)

Have been recommended by the Virginia Department of Forestry, the York County Cooperative Extension Service or a qualified arborist or urban forester for preservation.

(g)

Species standards.

(1)

All required landscape plant material proposed to be installed on the site shall be selected from the appropriate listing of recommended plant material contained in tables II-1 through II-7 in Appendix A and shall be of the minimum sizes noted. Alternative species not listed in Appendix A may be used, upon certification by a professional listed in section 24.1-242 (a) (2) that said species have a rated hardiness and growth habit appropriate for the intended location. Particular attention shall be given to selecting trees and shrubs based on the area in which they will be installed (e.g., landscaped yards, parking areas, adjacent to buildings, etc.) and the lists contained in Appendix A will assist in the selection and review of a landscaping design.

(2)

A minimum of thirty-five (35%) of all plant material installed on a site shall be of a species native to the Virginia coastal plain as published by the Virginia Department of Conservation and Recreation.

(3)

Plant species included on the most current Virginia Invasive Plant Species List published by the Virginia Department of Conversation and Recreation shall not be installed.

(4)

Landscaping shall be selected and arranged with appropriate attention to future growth and maturity in order to accommodate visibility, safety and aesthetic considerations without need for future severe pruning or removal. All landscaping required within this chapter shall conform with the following minimum size standards unless specifically modified by other provisions contained herein:

(h)

Numerical standards:

(1)

Unless a greater or lesser number or ratio is specified elsewhere in this chapter as it pertains to specific development types and forms, the following planting ratios shall be required (all fractional calculations shall be rounded up to the next highest whole number):

In the case of front yards, side yards and parking lots, a minimum of 50% and a maximum of 75% of the landscaping credits must be earned from trees. In the case of building perimeters, a minimum of 25% and a maximum of 50% of the landscaping credits must be earned from trees. Ornamental grasses and perennials may be incorporated into the landscape design and shall be eligible for achieving up to 25% of the required/proposed shrubs credits.

(2)

Landscaping credits shall be awarded/earned based on the values established in the following table:

(Ord. No. 03-42(R), 12-2-03; Ord. No. 08-17(R), 3-17-09; Ord. No. 24-17(R), 9-17-24; Ord. No. 25-4, 2-18-25)

The transitional buffer regulations herein are intended to minimize potential conflicts between development on properties located in abutting zoning districts of differing intensities. The purpose of transitional buffers is to ensure that a natural area of appropriate size and density of plantings is located between potentially incompatible land uses.

(a)

Buffer types. Transitional buffers of the following types shall be provided in the situations identified by the entries in the table contained in section 24.1-243(b) below. Where there is no entry for a particular combination of districts, no transitional buffer shall be required. The layout, design, and arrangement of the prescribed numbers and types of landscape materials shall be in accordance with the provisions of section 24.1-242 of this chapter. Plants shall be positioned to achieve the greatest benefit in terms of buffering the views of adjacent and potentially incompatible uses. The use of staggered double rows of plant materials is encouraged as a technique to achieve maximum screening benefits. Shrubs planted in the transitional buffer shall be of a type that will have a mature height of at least four (4) feet and when located within an existing or newly planted wooded area, shall be selected based on their suitability for shaded areas and any other growth-inhibiting characteristics of the subject area.

(1)

Transitional Buffer Type 25: shall consist of a strip of open space, a minimum of twenty-five feet (25') wide, landscaped with evergreen trees and shrubs to achieve a minimum of 0.75 landscape credits for every linear foot measured along the outside edge of the transitional buffer. A maximum of fifty percent (50%) of the landscape credits may be earned from shrubs.

(2)

Transitional Buffer Type 35: shall consist of a strip of open space, a minimum of thirty-five feet (35') wide, landscaped with evergreen trees and shrubs to achieve a minimum of (1) landscape credit for every linear foot measured along the outside edge of the transitional buffer. A maximum of fifty-percent (50%) of the landscape credits may be earned from shrubs.

(3)

Transitional Buffer Type 50: shall consist of a strip of open space, a minimum of fifty feet (50') wide, landscaped with evergreen trees and shrubs to achieve a minimum of 1.25 landscape credits for every linear foot measured along the outside edge of the transitional buffer. A maximum of thirty-five percent (35%) of the landscape credits may be earned from shrubs.

(4)

Upon specific written request, the zoning administrator may modify the landscaping requirements for transitional buffers which have been designed by a certified landscape architect in order to preserve mature trees, facilitate a clearly discernible development and planting theme, or complement the arrangement and type of surrounding landscaping provided, however, that the landscape architect must certify that the modified buffer will provide at least the equivalent buffering as would otherwise be required and that the buffering will be from landscape means (i.e., exclusive of fencing).

(5)

The zoning administrator may require supplementary fencing either temporarily or permanently in order to ensure that the appropriate degree of visual buffering and noise attenuation is achieved.

(b)

Transitional buffer provision matrix. Transitional buffers shall be provided as follows. The chart in this subsection lists the zoning districts in order of intensity from least intense at the top and left to most intense at the bottom and right:

(c)

Buffer location standard. Transitional buffers shall be installed along the zoning district lines at such time as any development or site modification requiring site plan approval on property abutting such district lines occurs. For the purposes of the following provisions, residentially-zoned property that has been subdivided into lots or that has an area of less than 2.5 times the minimum lot size for the district in which located shall be considered "developed" property, whether or not houses have been constructed on those lots. The location of transitional buffers shall be determined as follows:

(1)

Where both properties are currently undeveloped and one of the properties is residentially zoned, the buffer shall be established entirely on the residentially zoned property whenever it develops. In other situations where both properties are undeveloped, one-half (½) of the required transitional buffer shall be established on each of the parcels in the order in which developed. The width of the buffer on the respective properties may be modified by mutual agreement of the property owners involved as evidenced by a lawfully executed agreement(s) and easement(s) between the property owners specifying how the buffer is to be shared; such agreement(s) and easement(s) shall be recorded at the expense of the applicant in the name of the property owner(s) as grantor(s) in the office of the clerk of the circuit court. A landscape preservation easement shall be established over the area encompassed by the required buffer with the county and each property being granted rights under that easement.

(2)

Where one property has previously been lawfully developed, the required transitional buffer shall be provided entirely on the undeveloped property unless an easement between the two property owners to share the buffer in a mutually agreeable manner is executed and recorded at the expense of the applicant in the name of the property owners as grantors in the office of the clerk of the circuit court. In the latter case, the zoning administrator shall ensure that the required buffer is installed in an acceptable manner and that a landscape preservation easement is granted over the buffer areas to the county and each of the subject properties. When a commercially or industrially-zoned parcel occupied by a residential structure is being redeveloped for non-residential purposes and the parcel abuts a residentially-zoned parcel that is "developed" as defined above, the parcel zoned commercial or industrial shall be considered "undeveloped" and shall be responsible for the full buffer width unless an alternate agreement is reached by the abutting property owners.

(3)

Where the properties on both sides of the zoning line have been previously developed, but one is being redeveloped or otherwise modified to the extent that site plan review and approval is required, said property shall be responsible for providing one-half (½) of the normally required transitional buffer as part of the redevelopment/site modification plan. When the property being redeveloped is commercially or industrially-zoned and is occupied by a residential structure that is being converted to non-residential use or being demolished, and the parcel abuts a residentially-zoned parcel that is "developed" as defined above, the parcel zoned commercial or industrial shall be considered "undeveloped" and shall meet the buffer standards prescribed in subsection (2) above.

(4)

Where the zoning district line is defined by the centerline of a right-of-way, the transitional buffer shall be installed along the right-of-way line on the property having the higher zoning intensity.

The zoning administrator may grant relief from these requirements as provided in subsection (f) of this section.

(d)

Design standards.

(1)

Transitional buffers shall be continuous except where driveways or other breaks are necessary. To the extent possible, driveways should be curved in order to preserve the view obstructing qualities of the transitional buffer area. Multiple breaks of the transitional buffer area shall not be permitted except to provide an efficient and safe site access and internal circulation pattern.

(2)

Transitional buffers shall not be used for accessory structures, storage, or off-street parking or loading.

(3)

Aboveground or underground utilities shall not be located within transitional buffers except those which cross the buffer at a right angle. Where the zoning administrator determines that a certain utility location or configuration which is essential conflicts with this standard, the administrator may, in writing, modify this requirement by imposing different standards to achieve an equivalent buffering effect.

(e)

Relationship between transitional buffer and other elements. Transitional buffers shall relate to other required design elements as follows:

(1)

Yard requirements and setbacks. Where a transitional buffer is required along a property line, the minimum yard and setback along said property line shall be the greater of the yard and setback required for the particular zoning district or the width of the transitional buffer.

(2)

Landscape yards. Landscape yards may be incorporated into the transitional buffer and no additional landscaping above and beyond that required for the transitional buffer shall be necessary.

(f)

Modification of buffer standards.

(1)

Where the zoning district boundary line which requires a transitional buffer follows a public street or highway right-of-way of less than ninety feet (90') in width, the following shall apply:

a.

Where an industrial district abuts a residential district, the normally applicable transitional buffer shall be provided. The required buffer width may be modified by up to twenty-five percent (25%) through administrative approval if the applicant demonstrates that the property's existing conditions or site constraints limit the ability to meet the full buffer requirement and alternative screening methods (such as enhanced landscaping or berms) will effectively mitigate impacts despite reduced width; however, in no case shall be planting ratio be less than that required for a Type 35 buffer;

b.

In any situation other than an industrial district abutting a residential district, the required transitional buffer may be reduced to one-half (½) the normally required width, or twenty feet (20'), whichever is greater. In such cases, the landscaping and design standards for the required transitional buffer yard may be modified to include appropriate trees and shrubs which visually screen all parking, loading, and storage areas, but not the buildings; however, in no case shall the planting ratio be less than that required for a Type 25 Buffer.

(2)

Where the zoning district boundary line which requires a transitional buffer follows a public street or highway right-of-way ninety feet (90') or greater in width, no transitional buffer shall be required.

(3)

Where adjacent properties of differing zoning intensities are being developed in a cohesive, planned and coordinated manner under the equivalent of a master development plan, the zoning administrator may waive or reduce any transitional buffer required along zoning district lines which are internal to the development.

(4)

Where the adjacent property giving rise to the need for a transitional buffer is under public ownership, is likely to remain under public ownership, and is managed for watershed purposes, the otherwise required transitional buffer shall be waived. Where the adjacent public land is managed as public park land, the zoning administrator may modify or waive the transitional buffer requirement consistent with the public interest in the park land.

(5)

Where property on which a transitional buffer is required has already been developed in a manner which precludes full implementation of these requirements, the zoning administrator may modify these requirements on a case-by-case basis to achieve as much of the desired buffering as is possible. In making such modifications, the zoning administrator may consider balancing the existing development with the needs of the community at large. Modifications could, for example, include the use of berms or increased numerical planting requirements in lieu of the otherwise required transitional buffer width.

(6)

Where the zoning district boundary along which a transitional buffer is required traverses environmentally sensitive land or water features, the zoning administrator may modify the location, layout, arrangement, and design in an appropriate manner which balances the buffering requirements with the environmental resources.

(7)

Where a properly engineered and designed landscaped berm is proposed to supplement the screening/buffering qualities of a required transitional buffer, the zoning administrator may authorize up to a twenty-five percent (25%) reduction in the required buffer width. Minimum heights for berms proposed for this purpose shall be as follows:

Type 25 Buffer—Minimum Height: 3 feet

Type 35 Buffer—Minimum Height: 4 feet

Type 50 Buffer—Minimum Height: 5 feet

(g)

Transitional buffers abutting properties in adjacent jurisdictions. Where a commercial or industrial district abuts property in an adjacent locality which is in a residential zoning district and used as such, a transitional buffer shall be provided as if the abutting property were classified RC (resource conservation).

(Ord. No. 03-42(R), 12-2-03; Ord. No. 09-22(R), 10-20-09; Ord. No. 14-12, 6-17-14; Ord. No. 25-4, 2-18-25)

(a)

All proposed new developments shall include landscape yards around the perimeter of the site and the buildings erected on the site in order to facilitate adequate control and management of stormwater runoff and of non-point source pollution as well as to enhance the aesthetics of the project. In the case of expansions or redevelopment of existing development, perimeter landscape yards of the specified size, or as near to that size as determined practical by the zoning administrator, shall be provided on all sides of the site adjacent to such expansion or redevelopment.

(b)

Landscape yards.

(1)

Required dimensions. The minimum dimensions of landscape yards around the site perimeter shall be twenty feet (20') for front yards and ten feet (10') for side and rear yards, to be measured from the lot line or, where drainage ditches or structures are located or are proposed to be located along lot lines, from the top or inside edge of the open ditch or structure. Landscape yards, as required herein, may include driveways providing access to other parcels in an effort to promote unified project design.

(2)

Transfers. The zoning administrator may approve the transfer of up to fifty percent (50%) of the required landscape yard located to the rear or side of the principal building on the site to the area in front of the principal building on the site provided that all of the following conditions are met:

a.

No remaining landscape yard shall be less than five feet (5') in width;

b.

The total amount of landscaped open space on the site is not less than it would be without the transfer; and

c.

No required transitional buffer is reduced.

(3)

Landscaping standards. Landscape yards shall be landscaped with trees, shrubs, bushes, plant material and ground cover in accordance with the provisions of section 24.1-242 of this chapter. Any transferred areas shall be landscaped in accordance with the requirements applicable to their original location.

(c)

Building perimeters.

(1)

Required dimensions. A landscaped open space strip a minimum of ten feet (10') in width shall be provided adjacent to and surrounding all buildings and shall be landscaped in accordance with the provisions of section 24.1-242 of this chapter. This open space strip may be bisected by necessary entrances to the building and may include bicycle accommodations and pedestrian sidewalks serving the entrances provided that no more than fifty percent (50%) of the open space strip may be comprised of impervious surfaces. In no case shall off-street parking be located within ten feet (10') of any building on the site.

(2)

Transfers.

a.

A portion of the landscaped open space strip required at the rear or side of the principal building may be transferred to the perimeter landscape yard in order to provide additional screening and buffers for adjacent streets or developed properties. Any transferred areas shall be landscaped in accordance with the requirements applicable to their original location.

b.

Where the proposed structure, by reason of its intended use and market orientation, requires vehicular access into the front, sides or rear of the building, the zoning administrator may approve the transfer of the required landscaped open space strip adjacent to the structure to the perimeter landscape yard in order to provide additional screening and buffers for adjacent streets or developed properties. At least fifty percent (50%) of the area transferred shall be transferred to that portion of the perimeter area located in front of the principal building on the site.

(Ord. No. 03-42(R), 12-2-03; Ord. No. 25-4, 2-18-25)

(a)

Greenbelts shall be provided contiguous to the street right-of-way along the following roads in accordance with the specified minimum widths:

(1)

Bypass Road (Route 60)—35 feet

(2)

Denbigh Boulevard (Route 173)—35 feet

(3)

Fort Eustis Boulevard (Route 105)—35 feet

(4)

Hampton Highway (Route 134)—35 feet

(5)

Merrimac Trail (Route 143) between I-64 at Exit 230 (Camp Peary/Colonial Williamsburg) and Queen Creek—45 feet

(6)

Penniman Road (Route 641) between the Colonial Parkway and Route 199—45 feet

(7)

Route 132—45 feet

(8)

Route 199—45 feet

(9)

Victory Boulevard (Route 171)—35 feet

(10)

East Rochambeau Drive from Oaktree Road (west) intersection to Mooretown Road and from Mooretown Road to dead end—45 feet

(11)

Mooretown Road from Lightfoot Road to a point 1,400 feet south of its intersection with Clark Lane—45 feet

(12)

Mooretown Road from Airport Road to Waller Mill Road—45 feet

(13)

Lightfoot Road from Route 60 to Rochambeau Drive (west)—45 feet, except where the parcel also has frontage on Route 199, in which case the Lightfoot Road greenbelt shall be 35 feet.

(14)

Rochambeau Drive (west) from Lightfoot Road to James City County line—45 feet.

(15)

Interstate 64—45 feet.

The 10-foot perimeter landscape strip normally required at the rear of buildings by Section 24.1-244(b) of this Chapter shall not be required on parcels subject to the 45-foot Greenbelt provision.

(b)

Along the Colonial Parkway, a greenbelt of no less than three hundred feet (300') from the nearest edge of the roadway shall be provided. This may include property owned by the National Park Service.

(c)

Standards. The greenbelt shall be left in an undisturbed natural state, unless subject to the conditions in section 24.1-245 (e) below. Unvegetated or under-vegetated greenbelts shall be landscaped with vegetation evenly distributed in accordance with the following planting requirements:

35 foot Greenbelt  1 landscape credit per linear foot

45 foot Greenbelt  1 landscape credit per linear foot

Normally required front yard landscape credits may be counted toward these requirements. Revegetated greenbelts shall meet the plant species and ratio requirements for front yards.

(1)

Where an existing or proposed utility easement greater than twenty (20) feet in width runs parallel to the right-of-way requiring the greenbelt, the required greenbelt dimension shall be increased by one (1) foot for every foot of easement width in excess of twenty (20) feet in order to ensure the availability of sufficient unencumbered greenbelt width for retention or placement of landscaping.

(2)

A landscape preservation easement granted to the County or an appropriate land trust shall be required to ensure the perpetuation of a greenbelt.

(3)

Commercial properties fronting greenbelt roads shall be permitted to open limited sight lines which allow indirect views of buildings, but generally block views of parking. Such sight line clearing shall be shown on the landscape plan for the site which shall include both plan and perspective views.

(4)

For purposes of calculating residential densities, the area encompassed by the greenbelt shall be considered as developable acreage in such computations.

(d)

Permitted activities. Nothing in this section shall be interpreted to preclude the following activities within greenbelts;

(1)

The planting of additional trees, shrubs or groundcovers, or the maintenance thereof;

(2)

The construction and maintenance of bicycle and pedestrian facilities;

(3)

The establishment, construction, and maintenance of necessary entrances to the site;

(4)

Limited clearing of underbrush, nuisance plants, dead or diseased plants/trees, or limbs/understory necessary to provide reasonable sight lines to a commercial establishment;

(5)

The installation of utilities necessary to serve the development provided that the crossing of the greenbelt minimizes disturbance to the greatest extent possible; or

(6)

The installation of signs which do not require disturbance of existing trees, except to the extent necessary to open limited sight lines for the signs. All of these may occur under the terms of an approved plan.

(e)

Modifications.

(1)

A property immediately adjacent to a greenbelt in a residential zoning district that contains an existing residential home shall not be subject to the provisions of this section.

(2)

The board, after conducting a duly advertised public hearing, may authorize clearing or development within a greenbelt. In the event the board approves the disturbance of a greenbelt, it may require the area to be re-landscaped at the ratios specified for unvegetated buffers, or at such other ratios as it may deem appropriate. The cost of advertising and conducting public hearings to consider modifications shall be borne by the person making the request.

(3)

If approved, modifications shall preserve the feeling and sense of the natural character of the greenbelt as it currently exists and application for modifications shall contain pre-development and post development renderings.

(Ord. No. O98-18, 10-7-98; Ord. No. 03-42(R), 12-2-03; Ord. No. 05-13(R), 5-17-05; Ord. No. 09-22(R), 10-20-09; Ord. No. 10-24, 12-21-10; Ord. No. 25-4, 2-18-25)

The traffic analysis and management requirements established herein are intended to promote a safe and efficient transportation network by minimizing potential traffic conflicts.

(a)

Applicability. The provisions of this section shall apply to all new development as follows:

(1)

Any residential, commercial, industrial use, or combination thereof, where the anticipated average weekday twenty-four (24) hour traffic generation, using the Trip Generation Manual (Institute of Transportation Engineers, Fifth Edition or as it may from time to time be amended) equals or exceeds one thousand (1,000) trip ends or where the traffic volume during a peak hour equals or exceeds one hundred (100) trip ends unless the zoning administrator shall determine, in writing, that such analysis is unnecessary due to the existence of previous studies and analyses which adequately cover the extent of the proposed development and its traffic impact.

(2)

Any development or subdivision of a portion of property where the potential average weekday twenty-four (24) hour traffic generation, using the Trip Generation Manual (Institute of Transportation Engineers, Fifth Edition or as it may from time to time be amended) for the developable portion of the entire property based on permitted uses under existing zoning equals or exceeds one thousand (1000) trip ends or where the traffic volume during a peak hour equals or exceeds one hundred (100) trip ends, regardless whether the remainder of the property is currently proposed for development unless the zoning administrator shall determine, in writing, that such analysis is unnecessary due to the existence of previous studies and analyses which adequately cover the extent of the proposed development and its traffic impact.

(3)

Any request for amendment of the zoning map or for a special use permit other than those requests initiated by the commission or board, where the anticipated average weekday twenty-four (24) hour traffic generation, using the Trip Generation Manual (Institute of Transportation Engineers, Fifth Edition or as it may from time to time be amended) equals or exceeds one thousand (1000) trip ends or where the traffic volume during a peak hour equals or exceeds one hundred (100) trip ends unless the zoning administrator shall determine, in writing, that such analysis is unnecessary due to the existence of previous studies and analyses which adequately cover the extent of the proposed development and its traffic impact.

(4)

Any non-residential development which proposes to access a street which is residential in character and classified as a minor collector or lower order street.

(5)

Any other development proposal which, as determined by the zoning administrator, has a significant potential to cause or aggravate traffic safety or congestion problems and, as such, would benefit from a professional review of proposed access and circulation designs.

(b)

Special standards and requirements.

(1)

For any development described in subsection (a) above, a traffic impact analysis, prepared by a transportation engineer or planner, shall be submitted for review and consideration by the county and the Virginia Department of Transportation. A minimum of five (5) copies of such traffic impact analysis shall be submitted to the county at the same time as the initial application for development or zoning approval. Subdivision plats, site plans, rezoning applications, use permit applications, and other development proposals for which a traffic impact analysis is required shall not be deemed to be received until the traffic impact analysis is submitted.

(2)

The submitted traffic impact analysis shall, unless otherwise approved by the zoning administrator in writing, contain the following information and analysis:

a.

Existing conditions summary—including twenty-four (24) hour volumes, peak periods and peak volumes on adjacent roadways, peak periods and peak volumes of the generator, and peak hour factor(s); roadway geometrics; grades; lateral clearance; heavy vehicle, pedestrian, bicycle, and recreational vehicle percentages; existing lane configurations; traffic control devices and timing plans if signals are present and, if appropriate, level of service analysis.

b.

Future conditions summary—including the horizon (analysis) year(s) and the criteria used in its selection, committed future roadway improvements, traffic growth factors combined with forecasts for adjacent sites to determine future background traffic (both twenty-four (24) hour and peak period), and, if appropriate, level of service analysis, compared with existing conditions.

c.

Trip generation and design hour volumes—including traffic forecast for site development to include twenty-four (24) hour and peak hour volumes both for the traffic generator itself and on adjacent roadways. Trip Generation Manual (Institute of Transportation Engineers, Fifth Edition, or as it may from time to time be amended) rates or equations shall be used unless verifiable local data is available. Any assumptions or adjustments shall be fully documented and, where appropriate, justified with source references provided.

d.

Trip distribution and traffic assignment—including a directional distribution of site traffic to its area of influence based on primary market, analogy, origin-destination, gravity model, or other similar methods. Each step in the process shall be fully and carefully documented.

e.

Design year total volumes—developed for both twenty-four (24) hour and for the peak periods of the generator and on adjacent roadways.

f.

Capacity analysis—including intersection and lane capacity based on the 1994 Highway Capacity Manual as it may from time to time be amended and revised. Where intersections (both signalized and unsignalized) are spaced in such proximity or the volumes are such that the intersection does not operate independently, appropriate progression and queuing analyses performed using a recognized methodology or analysis or simulation package must accompany the capacity analyses.

Capacity analyses shall be prepared for each potential access design scenario. Any assumptions and adjustments to the default values in the 1994 Highway Capacity Manual shall be fully documented and justified. These include, but are not limited to, peak hour factor, average running speeds, and cycle lengths, especially very short or long cycles. All worksheets shall be submitted.

g.

Traffic accidents and safety analysis. The distribution and frequency of traffic accidents shall be analyzed and a determination made as to whether any safety deficiencies exist or will be caused or exacerbated. This shall specifically include a safety analysis of all proposed street extensions.

h.

Traffic improvements. The recommended roadway and traffic network improvements based on the design hour in the design year shall be shown on a scaled plan sheet with appropriate narrative. Such improvements shall be designed to yield a minimum level of service of "C" as defined by the 1994 Highway Capacity Manual as it may from time to time be amended, supplemented, or revised. Where the existing conditions provide a current level of service (LOS) of less than "C," the improvements shall be designed to at least maintain the current volume to capacity ratio as determined by the methods contained in the 1994 Highway Capacity Manual without further degradation through the design year plus two (2) years. For intersections, the LOS "C" standard shall be met on an average of all movements basis. The developer shall be responsible for implementing the improvements proposed by the traffic study, subject to approval by the Virginia Department of Transportation. A detailed construction cost estimate of the required improvements shall be provided.

i.

Internal site improvements. Including the number and width of driveway lanes, the appropriate throat lengths (both unobstructed and with cross traffic permitted) for ingress and egress points, stacking and queuing lanes, pedestrian accommodations, bicycle facilities, and any other facilities or accommodations and any other factor which could impact traffic operations along the adjacent roadways or overall traffic safety, both internal and external. The internal circulation system shall be designed to preclude stacking or queuing in the travel lanes of adjacent roadways during the peak hours of the traffic generator.

j.

Conclusions. Including all conclusions of the analyst applicable to the site, particularly with respect to the appropriate timing and phasing of improvements. Timing and phasing must be clearly tied to identifiable stages of development or specific time frames. Conclusions about the relative safety of the post-development situation shall also be included.

k.

Summary of findings and recommendations. An executive summary containing key findings and recommended actions.

(3)

All intersections, commercial entrances, median breaks, pavement markings, driveways, or other roadway features potentially affecting traffic flow located within five hundred feet (500') of the proposed development as well as all intersections and driveways internal to the development shall be considered and either shown or clearly noted on a scaled plan submitted with the traffic impact analysis.

(4)

For uses having 200,000 square feet or more of gross floor area, all intersections, commercial entrances, median breaks, pavement markings, driveways, or other roadway features potentially affecting traffic flow located within one mile of the proposed development as well as all intersections and driveways internal to the development shall be considered and either shown or clearly noted on a scaled plan submitted with the traffic impact analysis.

(Ord. No. 08-17(R), 3-17-09; Ord. No. 24-17(R), 9-17-24)

(a)

Access to a use shall be considered to be part of the use and shall require an equivalent or greater intensity zoning classification, unless over a publicly owned and maintained right-of-way. Any entrance or driveway from an existing or proposed non-residential use to a street created as part of a residential subdivision, classified as a minor collector or lower order and located within a residential zoning district shall be authorized only upon the issuance of a special use permit by the board. Prior to considering requests for such special exceptions, the board shall receive a recommendation from the commission and shall conduct at least one (1) public hearing advertised in accordance with section 15.2-2204, Code of Virginia, except that all property owners along the residential street proposed to be accessed shall be mailed notice of the proposal and the times and places when public comment may be offered. The commission shall also conduct a duly advertised public hearing before transmitting a recommendation to the board. This provision shall not apply to home occupations established and operated in accordance with this chapter, nor shall it apply to community recreation facilities constructed to serve the residential community in which located, nor shall it apply to pump stations and similar utility appurtenances.

(b)

Driveways or entrances to streets classified as minor collector, major collector, minor arterial, and major arterial shall be appropriately limited in number and width and effectively spaced so as to preserve the public investment in the traffic carrying capacity of the roadway in general accordance with the recommendations contained in the National Cooperative Highway Research Program (NCHRP) Report 348, Access Management Guidelines for Activity Centers. Multiple access driveways to a single development shall be discouraged on collectors and prohibited on arterials. This shall specifically include shopping center development with frontage outparcels and similar types of developments. The following standards shall apply unless a more restrictive standard applies by virtue of the roadway having been constructed as a restricted or limited access roadway.

(1)

On streets classified as minor collectors.

a.

Each lot (either existing or newly created) shall be entitled to one (1) entrance of requisite width per the standards of the Virginia Department of Transportation. Lots with greater than three hundred feet (300') of frontage on a single road shall be entitled to two (2) entrances.

b.

Additional entrances or access points may be permitted by the zoning administrator, with the concurrence of the Virginia Department of Transportation, if the need for and safety of such is substantiated by a traffic impact analysis prepared in accordance with section 24.1251(b) of this chapter which shall include full analyses of the transportation system with and without the requested entrances or access points.

(2)

On streets classified as major collectors.

a.

Each two (2) newly created abutting non-residential lots shall be entitled to one (1) entrance of requisite width per the standards of the Virginia Department of Transportation. Lots with greater than three hundred feet (300') of frontage on a single road shall be entitled to an unshared entrance which may be in addition to the shared entrance.

b.

Additional entrances or access points may be permitted by the zoning administrator, with the concurrence of the Virginia Department of Transportation, if the need for and safety of such is substantiated by a traffic impact analysis prepared in accordance with section 24.1251(b) of this chapter which shall include full analyses of the transportation system with and without the requested entrances or access points.

(3)

On streets classified as minor arterials.

a.

Each development shall be entitled to one (1) access to the street. All internal development shall be served by an internal access system which connects to the minor arterial at the single permitted access point. A second access point, which shall be a part of and directly connected to the overall internal access system may be permitted where the total frontage along the minor arterial exceeds four hundred feet (400'). For purposes of this section, subsequent construction of buildings within a development project or on outparcels of the development project, shall not constitute a separate development and shall not be entitled to access separate and apart from the parent tract.

b.

Additional entrances or access points may be permitted by the board with the concurrence of the Virginia Department of Transportation and after conducting a public hearing in accordance with applicable procedures, the cost of such public hearing to be borne by the developer making the request. The need for and safety of such additional entrances shall be substantiated by a traffic impact analysis prepared in accordance with section 24.1-251(b) of this chapter. In addition it must be demonstrated by the use of recognized progression and queuing analyses or simulations that an additional entrance or access point, if permitted, will not degrade the traffic flow characteristics or the traffic carrying capacity of the street.

(4)

On streets classified as major arterials.

a.

Each development shall be entitled to one (1) access to the street. All internal development shall be served by an internal access system which connects to the major arterial at the single permitted access point. A second access point, which shall be a part of and directly connected to the overall internal access system, may be permitted where the total frontage along the major arterial exceeds six hundred feet (600'). For purposes of this section, subsequent construction of buildings within a development project or on outparcels of the development project, shall not constitute a separate development and shall not be entitled to access separate and apart from the parent tract.

b.

Additional entrances or access points may be permitted by the board with the concurrence of the Virginia Department of Transportation and after conducting a public hearing in accordance with applicable procedures, the cost of such public hearing to be borne by the developer making the request. The need for and safety of such additional entrances shall be substantiated by a traffic impact analysis prepared in accordance with chapter 24.1-251(b) of this chapter. In addition it must be demonstrated by the use of recognized progression and queuing analyses or simulations that an additional entrance or access point, if permitted, will not degrade the traffic flow characteristics or the traffic carrying capacity of the street.

(5)

The zoning administrator may grant exceptions to the standards contained herein when the property location or configuration precludes strict application of the standards provided, however, that reductions in the road frontage requirements shall not be greater than fifteen percent (15%).

(6)

The developer shall provide and record all easements determined to be necessary to accommodate shared entrances and joint access arrangements. (See Figure II-9 in Appendix A and sample Deed of Easement in Appendix B.)

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

(a)

Any development proposal, including without limitation site plans, planned development detailed plans, and subdivision development plans, submitted for consideration shall provide details, plans or notations as may be appropriate, relating to traffic safety and traffic and roadway maintenance during and after the development process. Such details, plans or notations shall include the location, size and type of all necessary traffic signals, pavement markings and regulatory, warning and guide signs, both permanent and temporary, as well as the routes and shall indicate how traffic, including motor vehicles, bicyclists, and pedestrians, will be accommodated and controlled along adjacent existing roadways during construction activities.

(b)

The developer or subdivider shall be responsible for the installation of all traffic signals, pavement markings and regulatory, warning and guide signage indicated in the details, plans or notations in subsection (a) above or as otherwise determined to be necessary by the zoning administrator in consultation with the Virginia Department of Transportation.

(c)

Proper installation of required traffic signals, pavement markings and regulatory, warning and guide signs shall be accomplished prior to the issuance of any certificate of occupancy for any structure within any development wherein such signals, markings or signage are, in accordance with subsection (b) above, necessary. The zoning administrator, in consultation with the Virginia Department of Transportation, may modify this requirement, including requiring the proper installation of certain regulatory and warning signs at intersections with existing roadways prior to the issuance of any building permit within the development.

The zoning administrator shall review specifically and approve all construction entrances and the access routes to such construction entrances. In specifying and limiting traffic access routes to such entrances or the entrances themselves, the zoning administrator shall consider all available or potential access alternatives with the objective of ensuring pedestrian, bicycle and motor vehicular safety within existing or developing residential neighborhoods or other developments characterized by relatively higher levels of pedestrian, bicycle, and vehicular activity. Construction traffic shall be deemed to include, but not be limited to, construction equipment used in site development or building activity, vehicles transporting such construction equipment or construction and building materials, and vehicles transporting persons engaged in site development, construction, or building activities.

(a)

All development shall be designed and constructed in a manner which clearly considers the potential need for convenient access by and safety of alternative transportation modes, specifically pedestrian, bicycle, and transit service.

(b)

Developments having or projected to have at least one thousand (1000) average daily trips as determined using actual counts or the Trip Generation Manual (Institute of Transportation Engineers, Fifth Edition) and which front and have access to streets classified as major collector and higher, shall dedicate or reserve land for transit operations provided by bus. Where a transit route exists or is scheduled to exist within twelve (12) months, transit provisions including pull-outs and shelters may be required to be constructed as a part of plan approval. Off-street parking requirements may be reduced by five percent (5%) when transit provisions are required to be constructed.

(c)

Bicycle and pedestrian accommodations shall be provided in all developments anticipated to have at least twenty-five (25) employees on any shift or five hundred (500) average daily trips. Such accommodations shall include safe, secure, and convenient pedestrian and bicycle circulation and access, and where required by article VI of this chapter, safe, secure and convenient bicycle parking facilities.

(d)

Where employers adopt and certify their continued support for a Transportation Demand Management program which encourages alternative modes of transportation, such as van pooling and car pooling, bicycle and pedestrian commuting, telecommuting, transit subsidy, or other techniques, a credit may be granted by the zoning administrator of up to twenty-five percent (25%) of the required off-street parking expected to be utilized by employees. To obtain credit for bicycle and pedestrian commuting programs, employee showers and lockers must be provided. Additionally, for bicycle credits, some form of secure, safe and enclosed bicycle parking must be available. The developer shall document the commitment to Transportation Demand Management measures and submit, in writing, the Transportation Demand Management plan together with an inventory of the number of employees and the number of parking spaces for employees.

(e)

The maximum credit which may be given the Transportation Demand Management programs in concert with other credits is thirty-five percent (35%) of the required off-street employee parking requirements plus ten percent (10%) of the customer or patron spaces. The identification and documentation of the space utilization shall be the responsibility of the developer.

(f)

Where off-street parking credit is given, a land area sufficient to construct fifty percent (50%) of the spaces for which parking credit has been given must be reserved in case the use or orientation changes and the spaces are required.

Vehicular and pedestrian access and circulation systems on a development site shall be designed in accordance with the following standards:

(a)

Vehicular access to the site and circulation within the site shall be designed to promote pedestrian, bicycle and motor vehicular safety, to aid overall traffic flow, to provide for safe and efficient ingress and egress, and to minimize access points to the off-site transportation systems. On-site circulation systems, including parking areas, shall be designed to minimize headlight glare onto adjacent rights-of-way.

(b)

Driveway design and placement shall be such that the entrance can absorb the maximum rate of inbound traffic during a normal weekday peak traffic period as determined in accordance with the Trip Generation Manual (Institute of Transportation Engineers, Fifth Edition, as it may from time to time be amended) or by a traffic impact analysis prepared specifically for the development.

(1)

Driveways shall be spaced at least fifty feet (50') apart. Where such spacing requirements cannot be readily achieved, joint access with an adjoining parcel shall be encouraged.

(2)

The minimum distance between the property line of a parcel and the nearest edge of the nearest driveway to that property line shall be twenty-five feet (25'), except however, driveways which provide joint access to more than one parcel, or which may reasonably be expected to do so in the future, may be located on the property line or within twenty-five feet (25') of the property line.

(c)

There shall be sufficient on-site queuing area to accommodate at least five percent (5%) of the total traffic volume entering and exiting the site during the peak hour of the use based on the Trip Generation Manual (Institute of Transportation Engineers, Fifth Edition, as it may from time to time be amended) without using any portion of the street right-of-way or in any other way interfering with street traffic.

(d)

Bikeways shall be constructed within and between developments and along roadways in conformance with the routes and guidelines contained in the comprehensive plan.

(e)

Sidewalks providing for safe and convenient internal pedestrian access between parking areas, buildings and public areas as well as access to abutting public property or shopping centers shall be provided for all development except individual single-family detached residential structures. The minimum width for sidewalks connecting to abutting property shall be six feet (6') and the sidewalk shall be located within an easement or on commonly owned property no less than eighteen feet (18') in width. Sidewalks shall have beginning and ending points providing appropriate access to sites and the ability to make connections with similar facilities on the abutting property. Developers are encouraged to extend sidewalks onto the adjacent shopping center or public site to connect with sidewalks located on those sites. Maintenance of the sidewalk shall be required and a plan for maintenance shall be submitted to and approved by the zoning administrator.

(a)

The construction, extension and dedication of public streets within a subdivision shall conform with the subdivision ordinance.

(b)

Density credits are available where a developer of a project not subject to the terms of the subdivision ordinance dedicates right-of-way or constructs public streets of one or more of the following types:

(1)

Stub streets intended to provide a future interconnection with the street systems of adjoining parcels;

(2)

Dedications to correct existing right-of-way width deficiencies; or

(3)

Additional extensions intended to provide interconnection and coordination with the street systems of adjoining parcels.

(c)

The area of right-of-way may be credited toward development density in accordance with the following:

(1)

In cases where development density is controlled by a maximum number of dwelling units per acre [dwelling units per hectare] ratio, credit shall be granted for the dedicated area by including the area in the density calculation.

(2)

Credits shall not be applied to any areas which may, as in the case of portions of temporary cul-de-sacs, become a part of an adjacent lot.

(3)

In no case shall the above specified credits be construed to allow reductions in setback, yard, transitional area or buffer dimensions, or similar standards applicable for the zoning district in which located.

(4)

Any right-of-way dedicated herein shall, by deed and recorded plat, be conveyed to the County of York or, upon approval, to the Virginia Department of Transportation. (See sample plat and deed in appendices A and B respectively).

(d)

Where a stub street is to be created, it shall be so noted on the face of the subdivision plat and site plan. Once final approval is granted, the subdivision plat or site plan, or portion thereof showing a stub street, shall be recorded with the clerk of the circuit court. In addition, the notification requirements for stub streets contained in the subdivision ordinance shall be followed.

(a)

No more land shall be disturbed than is reasonably necessary to provide for the desired use or development. All site plans shall clearly delineate land areas to be disturbed and those which shall remain undisturbed.

(b)

Indigenous vegetation shall be preserved to the maximum extent possible consistent with the proposed use and development. Any proposal to clear cut a property in the absence of an approved development plan shall be deemed to constitute a "forestry" operation and shall be permitted only in such districts and under such procedures as are set forth in articles 3 and 4 of this chapter or only when in accordance with the provisions of Section 10-14(f) of the York County Code.

(c)

Best management practices shall be applied to all land disturbing activities regulated by this chapter.

(d)

Land development proposals shall be designed to minimize impervious cover consistent with the particular use proposed.

(e)

New construction on existing slopes in excess of thirty percent (30%) shall be prohibited unless the zoning administrator, after review and evaluation of the erosion and sediment control plan by the Department of Public Works, determines that such construction can be accommodated without creating or exacerbating erosion, seepage, or nutrient transport problems. Such plans shall include details of drainage devices and erosion control measures. Grading such slopes to less than thirty percent (30%) shall also be prohibited unless the zoning administrator determines that such grading is necessary to the overall development; however, in no case shall such grading be used to permit new construction which otherwise would have been prohibited.

(f)

Except as exempted below, all outdoor lighting in excess of 3,000 initial lumens associated with land use and development proposals, whether new uses or changes and modifications in existing uses, shall be designed, installed and maintained to prevent unreasonable or objectionable glare onto adjacent rights-of-way and properties and shall incorporate the use of "full cut-off" luminairies/fixtures. The lighting standards established by the Illuminating Engineering Society of North America (IESNA) shall be used to determine the appropriate lighting fixture and luminaries for such uses. High-pressure sodium or metal halide lights shall be the preferred type of exterior site lighting. The use of Mercury vapor lights shall be discouraged in any exterior lighting applications, with the exception of under-canopy lighting for gasoline pump islands, bank or other drive-thru or drive-in facilities.

The following outdoor lighting applications shall be exempt from these requirements:

(1)

Construction, agricultural, emergency or holiday decorative lighting of a temporary nature.

(2)

Lighting of the United States of America, Commonwealth of Virginia, or York County flags and other non-commercial flags.

(3)

Security lighting controlled by sensors which provide illumination for fifteen (15) minutes or less.

(4)

The replacement of an inoperable lamp or component which is in a luminaire that was installed prior to the effective date of this section.

(5)

The replacement of a failed or damaged luminaire which is one of a matching group serving a common function.

(6)

Fixtures used for architectural or landscape accent lighting (façade, features, trees, etc.), when such lighting is aimed or directed so as to preclude light projection beyond the immediate objects intended to be illuminated. If the surrounding area contains residential uses that could be adversely impacted by such lighting, the Zoning Administrator may require that such lighting be extinguished between the hours of midnight and dawn.

(7)

Streetlights illuminating public rights-of-way, or private streets which the zoning administrator determines to be consistent in illumination characteristics with those allowed and specified under the board of supervisors' street light installation policy.

In addition to the above-noted exemptions, the Zoning Administrator may approve a modification of the full cut-off luminaire requirements in the following circumstances:

• Upon finding that alternatives proposed by the owner would satisfy the purposes of these outdoor lighting regulations at least to an equivalent degree; or

• Upon finding that the outdoor luminaire or system of outdoor luminairies required for a baseball, softball, football, soccer or other athletic field cannot reasonably comply with the standard and provide sufficient illumination of the field for its safe use.

• Upon a finding that the proposed luminaire is a decorative colonial-style "cut-off optics" fixture in which the lamp is fully recessed into the upper housing.

For the purposes of administering these provisions, lamps of less than or equal to the following rated wattages shall be deemed to emit 3,000 or less initial lumens and, therefore, shall be exempt from the full cut-off requirement:

Lamps having greater wattages than those listed above also may be exempted by the zoning administrator upon presentation of documentation from the lamp manufacturer, or other source deemed appropriate by the zoning administrator, that the lamp emits 3,000 or less initial lumens.

Unless specifically authorized by the zoning administrator or specifically authorized by the board of supervisors in a special use permit approval action, site lighting shall be designed to limit illumination intensity to not more than 0.5 footcandles at all perimeter property lines abutting non-residential property and not more than 0.1 footcandles when abutting residential property.

(Ord. No. 01-20(R), 10-16-01; 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. 17-12, 9-19-17)

(a)

Refuse and recyclables collection. Dumpsters, or an alternate method of collection for recyclables and for nonrecyclable refuse approved by the zoning administrator, shall be required for mobile home parks and for multi-family, commercial and industrial developments. The following standards shall apply:

(1)

Dumpsters or other approved collection receptacles shall be located on a site so that service vehicles will have convenient and unobstructed access to them. The location shall be such that encroachment by service vehicles upon bicycle and pedestrian ways, parking spaces, or vehicular circulation drives will be minimized. Dumpsters shall not be located closer than fifty feet (50') to any residential structure nor closer than twenty feet (20') to any non-residential structure.

(2)

Dumpsters or other approved collection receptacles shall be screened from both on-site and offsite views by wooden or masonry fencing, supplemented by landscaping. Building walls may serve as part of the required screening. The enclosure shall be gated or otherwise configured to ensure that the dumpster is not visible from any adjoining public rights-of-way, adjoining properties or from any areas on the site which are normally accessible by residents, customers or the general public.

(3)

Where dumpsters are to be utilized, dumpster pads, constructed in accordance with all applicable health department standards for construction and drainage, shall be provided.

(b)

Emergency services. The following design standards are intended to ensure that emergency services can be delivered effectively and efficiently should the need arise:

(1)

All buildings, and all portions thereof, on a site shall be readily accessible to emergency vehicles and apparatus. Where two or more principal buildings are proposed on the same parcel, the distance between any two such buildings shall be sufficient to ensure convenient emergency access and to comply with all applicable fire separation standards prescribed by the Uniform Virginia Statewide Building Code. Circulation routes, driveways, parking lot aisles and other vehicular circulation areas shall be designed and arranged so as to provide for convenient access and operation of emergency services apparatus. Permanent obstruction or closing of existing access routes shall require specific approval of the fire chief prior to being authorized.

(2)

Any single-family detached residential structure constructed after the date of adoption of this subsection and located more than 150 feet from the edge of pavement of a public street or highway shall be subject to the following emergency access and site design standards:

a.

The structure shall be served by an access drive not less than twelve feet (12') in width and capable of supporting fire and rescue vehicles and apparatus. Such driveway shall be bordered by two-foot (2') wide compacted shoulders. Such shoulders need not be constructed of the same material as the driveway but shall be sufficient to ensure the stability of the driveway when it is traversed by fire and rescue apparatus and vehicles.

b.

The access drive shall be an all-weather surface (concrete, asphalt, gravel, or other approved material) capable of supporting the weight of large fire and rescue apparatus up to 80,000 pounds (gvw).

c.

The access drive shall be maintained with an unobstructed horizontal clearance of sixteen feet (16') and unobstructed vertical clearance of thirteen feet six inches (13'6").

d.

The access drive shall extend to at least the front of the building or one side (as determined by the Department of Fire and Life Safety). On properties where the structure has a floor area in excess of 4,500 square feet or where the height of the ridgeline or highest part of the roof exceeds thirty-five feet (35') the access drive shall include an apparatus parking/operations area pad at least twenty feet (20') in width. The exact location and length shall be determined during the site layout plan review process. Turnarounds of a size and configuration necessary to accommodate the apparatus likely to respond to an incident, as determined by the Department of Fire and Life Safety, shall be required where the access drive exceeds two hundred feet (200') in length and may also be required for shorter access drives based on the site layout plan review and any unique site characteristics.

e.

When the structure has a floor area in excess of 4,500 square feet or where the height of the ridgeline or highest part of the roof exceeds thirty-five feet, the site shall be designed such that the entire perimeter of the structure shall be within 150' of the access drive.

f.

Where fire hydrants are installed along access drives, turnouts shall be installed at each hydrant location. Turnouts shall be forty feet (40') in length (twenty feet (20') on either side of the hydrant) and the combined width of the driveway and turnout shall be a minimum of twenty feet (20').

g.

The intersection of the access drive and the public street to which it connects shall be designed with a minimum turning radius of thirty-three feet (33') (taking into consideration the entire width of the roadway) unless otherwise approved by the Department of Fire and Life Safety.

Building plans and a site layout plan (both to scale) shall be submitted for review and approval by the Department of Fire and Life Safety to ensure appropriate accessibility around the structure for firefighting/rescue operations by fire and rescue personnel and apparatus and vehicles where appropriate. The site layout plan shall include a cross-section and description of construction materials and methods for the proposed driveway.

(3)

An adequate water supply for firefighting must be ensured through compliance with the provisions of the county's water construction standards.

(Ord. No. 06-19(R), 7-18-06; Ord. No. 10-1(R), 1-19-10; Ord. No. 11-15(R), 11-16-11)

The site design standards for utilities and utility facilities are as follows:

(a)

All on-site utility facilities including but not limited to wires, cables, pipes, conduits and appurtenant equipment, carrying or used in connection with the furnishing of electric, telephone, telegraph, cable television or similar service to a development subject to the provisions of this chapter shall be placed underground except, however, the following shall be permitted above ground:

(1)

Electric transmission lines and facilities in excess of fifty (50) kilovolts;

(2)

Equipment such as electric distribution transformers, switch gear, meter pedestals, telephone pedestals, CATV pedestals and power supplies, outdoor lighting poles or standards, radio antennae, traffic control devices, and associated equipment, which is, under accepted utility practices, normally installed above ground;

(3)

Meters, service connections and similar equipment normally attached to the outside wall of the customer's premises;

(4)

Temporary aboveground facilities required in conjunction with an authorized construction project.

(b)

Existing utilities located above ground may be maintained or repaired provided that such repair does not involve relocation or expansion.

(c)

Whenever any existing on-site above ground utilities require relocation for any reason, they shall be removed and placed underground. In the event a development project impacts existing off-site above ground utilities and necessitates their relocation onto the development site, such utilities shall be placed underground.

(d)

All utilities shall be placed within easements or public street rights-of-way in accordance with York County Sanitary Sewer details as published by the department of Public Works or as may be otherwise approved by the zoning administrator.

(e)

Sewage pump and lift stations and communication switching and relay facilities larger than one-hundred fifty (150) square feet in building area shall, at a minimum, be surrounded by a landscaped buffer no less than twenty-five feet (25') in width and landscaped in accordance with the provisions of section 24-242 of this chapter.

(f)

Utility equipment installed at ground level, including transformers, pedestals, switch gear and other similar types of equipment which is visible from a public right-of-way shall be screened from view by appropriate evergreen shrubs planted in accordance with a landscape plan approved by the zoning administrator.

(Ord. No. O98-18, 10-7-98; Ord. No. 24-17(R), 9-17-24)

The developer shall provide and record all easements determined to be necessary to accommodate required drainage or utilities structures and facilities. (See Figure II-9 in Appendix A and sample Deed of Easement in Appendix B.)

Unless otherwise provided herein, accessory uses and structures shall be permitted in any zoning district, but only in connection with, incidental to, and on the same lot with a principal use or structure which is lawfully permitted within such district.

The following accessory uses shall be permitted in conjunction with residential uses. No accessory use, activity or structure, except fences, shall be constructed or conducted until the principal use of the lot has commenced, or the construction of the principal building/structure has commenced and is thereafter diligently and continuously pursued to completion. In the case of an existing lawful nonconforming single-family detached residence located in a non-residential district, the normal and customary accessory uses listed below shall, unless otherwise indicated be deemed permitted as a matter of right, subject to all respective performance standards. Land uses not listed in this section and not deemed similar to a listed use pursuant to subsection (q) shall be deemed not allowed as residential accessory uses:

(a)

Antenna structures including guy wires for radio, television, and other noncommercial communication purposes subject to the following provisions:

(1)

All locational standards and setbacks applicable to accessory structures shall be observed. Guy wires shall not be permitted in the front setback areas.

(2)

Antennas in excess of the height requirements specified in division 3 of this article shall be permitted only by the board after conducting a duly advertised public hearing. The measurement of height shall include both the antenna, any ancillary antennae, and any support structure.

(3)

The above provisions notwithstanding, dish antennas shall be subject to the following standards:

a.

Dish antennae shall not exceed twelve feet (12') in diameter and fifteen feet (15') in height.

b.

In residential districts, dish antennae larger than twenty-four inches (24") in diameter shall be permitted in rear yards only. No part of a dish antenna shall be closer than five feet (5') to any lot line. Dish antennae larger than twenty-four inches (24") in diameter shall not be permitted on the roofs of residential structures or structures accessory thereto.

c.

All dish antennae and the construction and installation thereof shall conform with applicable requirements of the Uniform Statewide Building Code. No dish antenna may be installed on a portable or movable base.

d.

The above dimensional and location standards notwithstanding, where the zoning administrator determines that a usable satellite signal cannot be obtained by locating or sizing a dish antenna in accordance with such criteria, application may be made to the board, in accordance with the procedures established in article I, for authorization, by use permit, of an alternative placement or size in order to provide for the reception of a usable signal. In its consideration of such applications, the board may impose such conditions as it deems necessary to protect the public health, safety and general welfare and to protect the character of surrounding properties.

(aa)

Accessory apartments in the RC, RR, R33, R20 and R13 Districts, subject to the supplementary requirements set forth in Section No. 24.1-407, Standards for Accessory Apartments, of this chapter. Accessory apartments shall not be permitted in conjunction with a single-family detached residence existing as a lawful nonconforming use in a nonresidential district.

(b)

Barns or other structures that are customarily incidental to a legally established and permitted agricultural use or when used in conjunction with the keeping of horses or other livestock as an accessory use as permitted in the residential districts.

(c)

Carports, garages, utility sheds, and similar storage facilities customarily associated with residential living. The use of containerized cargo units is prohibited. Movable storage boxes, also known as portable on-demand storage units, may be placed temporarily on a residential property for loading or unloading with the issuance of an administrative permit. Such units shall not be placed in a front yard area, except on a driveway and at least twenty (20) feet from the front property line. When placed in a side or rear yard, the boxes shall be located at least five (5) feet from any property line. For the purposes of this section, temporary placement shall mean no more than thirty (30) consecutive days at a time, and with at least one (1) year between successive placements. Not more than one (1) unit shall be placed on a residential property at a time and if multiple units are used for sequential loading or unloading, the thirty (30) day limit shall apply to all cumulatively. For good cause shown and to recognize extenuating circumstances, the Zoning Administrator may extend the authorization for as much as an additional 12-month period or until a Certificate of Occupancy is issued, whichever occurs first.

(d)

Child's playhouses, without plumbing.

(dd)

Home gardens, orchards, vineyards, riparian shellfish gardening when in accordance with the terms of Virginia Administrative Code section 4VAC20-336 General Permit No. 3 Pertaining to Noncommercial Riparian Shellfish Growing Activities, and similar pursuits when maintained and cared for by the occupants of the property without the assistance or employment of non-resident employees. Nothing in this subsection shall be construed to prohibit the sharing of such produce with friends or neighbors or the sale of the produce, either on or off the premises. When sales are conducted on the property the provisions of subjection (k) below shall be observed. Nothing in this section shall be construed to limit the amount of land area on a residential property that is planted and cultivated for vegetable crops, orchards or vineyards.

(e)

Raising and keeping of household pets which are housed within the principal structure.

(f)

Doghouses, pens, hutches, or similar structures or enclosures, that are not within the principal structure and which are intended for the housing and confinement of household pets. The keeping of more than four (4) canines or felines over the age of six (6) months in such a structure or enclosure shall be deemed a private kennel and shall be permitted in accordance with Section No. 24.1-417, Standards for Private Kennels, of this chapter. Special Use Permit approval shall be required for any private kennel proposed in conjunction with a single-family detached residence existing as a lawful nonconforming use in a nonresidential district.

(ff)

Keeping of horses or other livestock for personal but not commercial purposes, shall be permitted as a matter of right in the RC and RR Districts and by Special Use Permit in the R33, R20 and R13 Districts, subject in both circumstances to the Performance Standards set forth in Section No. 24.1-414 of this Chapter. Special Use Permit approval shall be required for any horsekeeping or livestock keeping proposed in conjunction with a single-family detached residence existing as a lawful nonconforming use in a nonresidential district.

(g)

Beekeeping provided no beehive is closer than fifty feet (50') to any dwelling on an adjacent property, or any school or place of worship. The owner shall provide a supply of water for the bees within fifty feet (50') of the hive. Nothing in this subsection shall be construed to prohibit the sharing of honey with friends or its sale, either on or off the premises.

(gg)

Backyard chicken-keeping for personal but not commercial purposes shall be permitted as a matter of right in the RC, RR, R33, R20, R13 and WCI Districts, subject in both circumstances to the Performance Standards set forth in Section No. 24.-414.1 of this Chapter. Nothing in this subsection shall be construed to prohibit the sharing of eggs with friends or neighbors or sale of eggs, either on or off the premises.

(h)

Parking or storage of small cargo or utility trailers, recreational vehicles and similar equipment, including, but not limited to, boats, boat trailers, motor homes, tent trailers and horse vans, and also including commercial vehicles having a carrying capacity of 1-ton or less and used as transportation by the occupant of the dwelling to and from their place of employment, provided that the following requirements are observed:

(1)

such vehicles or equipment may not be parked or stored in front yards except on the driveway;

(2)

such vehicles or equipment shall not be used for living, housekeeping or business purposes when parked or stored on the lot, provided however, that when the principal structure on the property has been made uninhabitable as a result of a natural disaster for which a local state of emergency declaration has been issued or a fire or other damaging event beyond the control of the owner, motor homes and recreational vehicles may be used for temporary residential occupancy during the time of reconstruction/repair of the principal dwelling. The authorization for such temporary occupancy shall be dependent on issuance of a building permit for the reconstruction/repair of the principal residence and shall expire upon issuance of a Certificate of Occupancy for the principal structure or twelve (12) months from the date of the event that damaged the structure, whichever occurs first. For good cause shown and to recognize extenuating circumstances, the Zoning Administrator may extend the authorization for as much as an additional 12-month period or until a Certificate of Occupancy is issued, whichever occurs first.

(3)

wheels or other transporting devices shall not be removed except for necessary repairs or seasonal storage.

The provisions of this subsection shall not be deemed to authorize take-off or landing operations from residential properties for aircraft of any type, including special light-sport aircraft, experimental light-sport aircraft, or ultra-light aircraft, as defined by the Federal Aviation Administration (FAA).

(h)

Home occupations in accordance with the terms and requirements set forth in Division 8 of this Article.

(i)

Outdoor recreation facilities such as swimming pools, tennis courts, basketball courts, skateboard ramps, private boat docks, piers or boat houses, provided that the use of such facilities shall be limited to the occupants of the premises and guests for whom no admission or membership fees are charged.

(j)

Fences or walls in single-family residential districts provided that:

(1)

fences or walls located in rear yards shall not exceed eight feet (8') in height;

(2)

fences or walls located in side yards shall not exceed six feet (6') in height;

(3)

fences or walls located in front yards shall not exceed four feet (4') in height;

(4)

fences or walls located on corner lots and adjacent to street/or driveway intersections shall be subject to the visibility standards established in section 24.1-220;

(5)

the above standards shall not be deemed to prohibit any fences or walls which may be required for screening, security or safety purposes by other sections of this chapter;

(6)

In the case of lots having multiple street frontages which by definition would be considered "front yards," the Zoning Administrator may authorize the installation of fences up to six (6) feet in height, rather than the 4-foot limit specified above, to provide privacy for the side and rear yard areas of the dwelling based on its orientation on the lot;

(7)

the Zoning Administrator may authorize front and side yard fence heights to be increased to a maximum of eight (8) feet when it is determined that such additional height is necessary to provide screening or buffering of a residential property from an adjacent non-residential use;

(8)

when a fence is designed/constructed such that the rails, boards, wire mesh or other nonstructural coverings are attached to only one side of the structural supports (i.e., posts, cross rails, etc.), that side shall be considered the "finished" side and shall face outward towards surrounding properties and rights-of-ways. The Zoning Administrator may grant an exception to this requirement upon finding that such orientation is impractical or unnecessary given existing fences or other extenuating circumstances on the adjacent property.

(9)

No barbed wire or electrified or similar type fences shall be permitted except in conjunction with a bona fide agricultural operation.

(k)

On-premises roadside sales of produce provided that: operations shall be limited to no more than ninety

(90)

days per year; shall be solely for the sale of produce grown or raised on the premises; shall be limited to one temporary on-premises free-standing sign not exceeding three (3) square feet in area; and, shall be allowed only on property where the parking demand can be met on the subject site (i.e., no on street customer parking).

(l)

Yard or garage sales subject to the following provisions:

(1)

Items offered for sale shall be limited to those which are owned by an occupant of the premises or other participants authorized by this section and which are normally and customarily used or kept on a residential premises. Such items shall not have been specifically purchased or crafted for resale;

(2)

Participation in such sale shall be limited to the occupant of the premises and not more than four (4) non-occupants. For the purpose of this section, participation shall be construed to mean the offering for sale of items owned by an occupant or participating non-occupant, whether or not that individual is physically present on the premises during the conduct of such sale;

(3)

Such sales shall be limited to two (2) in any given calendar year per lot. The duration of any single sale shall not exceed three (3) consecutive days.

(m)

Craft sales or shows subject to the following provisions:

(1)

Items offered for sale shall be limited to those which have been made or crafted by the participants as a hobby or avocation as distinguished from items which are made in the conduct of a home occupation;

(2)

Participation in such sales or shows shall be limited to an occupant of the premises and not more than four (4) non-occupants. For the purposes of this section, participation shall be construed to mean the offering for sale of items made or crafted by an occupant or participating non-occupant, whether or not that individual is physically present on the premises during the conduct of such sale or show;

(3)

Not more than one (1) such sale or show event shall be conducted on a premises in any given calendar year. For the purposes of this section, the duration of any sale or show event shall be limited to six (6) days within a period of ten (10) consecutive days;

(4)

Such sales and shows may be conducted only upon authorization by the zoning administrator of a temporary permit subsequent to application and payment of a five dollar ($5.00) nonrefundable processing fee by an occupant of the premises upon which such sale or show is proposed to be conducted. The zoning administrator shall make a determination with respect to approval or denial of applications within ten (10) working days of submission and shall consider the following:

a.

the proposed location of the sale or show and the probable impact on adjacent land uses;

b.

the ability of the structure in which such sale will be conducted to accommodate safely the number of persons likely to patronize such event;

c.

the ability of the streets in the immediate vicinity of such residential property to accommodate adequately and safely the traffic and parking demand anticipated to be associated with such event without disruption of normal traffic circulation and emergency access needs.

(5)

In the event the zoning administrator determines that the conduct of such craft sale or show at the proposed location would adversely affect the surrounding land uses because of the disruption to the normal and essential traffic circulation needs of the immediate vicinity, or the safety and welfare of participants, patrons, neighbors, or the general public, the application for temporary permit shall be denied. No application for a temporary permit shall be deemed to have been received for processing unless accompanied by a nonrefundable processing fee in the amount of five dollars ($5.00).

(n)

Small wind energy systems subject to the standards set forth in section Nos. 24.1-231 and 274 of this chapter and provided that roof-mounted systems shall not be permitted in conjunction with single-family detached dwellings.

(nn)

Solar energy facilities designed to primarily serve the energy demands of the property on which located and subject to the standards set forth in Section 24.1-275 of this chapter.

(o)

Pool house when in conjunction with an accessory permanently constructed in-ground swimming pool. Such structures shall not be considered to be an accessory apartment and shall not be used for residential purposes.

(p)

Temporary family health care structures for use by a caregiver in providing care for a mentally or physically impaired person on property that is zoned for single-family residential use and that owned or occupied by the caregiver as his residence, subject to the following performance standards.

(1)

occupancy of the structure shall be by a mentally or physically impaired person who, for the purposes of this section, shall be deemed to be a person who is a resident of Virginia and who requires assistance with two or more activities of daily living, as defined in Section 63.2-2200 of the Code of Virginia and as certified in writing by a physician licensed by the Commonwealth of Virginia;

(2)

a maximum of one (1) resident occupant, who shall be the mentally or physically impaired person, shall be permitted; or, in the case of a married couple, two (2) occupants, one of whom is a mentally or physically impaired person, and the other requires assistance with one or more activities of daily living as defined in Section 63.2-2200 of the Code of Virginia, as certified by a physician licensed in the Commonwealth.

(3)

the structure shall not exceed 300 square feet in gross floor area;

(4)

the structure shall comply with all applicable provisions of the Industrialized Building Safety Law and the Uniform Statewide Building Code;

(5)

placement on a permanent foundation shall not be required or permitted;

(6)

only one such structure shall be permitted on a lot;

(7)

the structure shall comply with all setback requirements applicable to principal structures in the district in which located;

(8)

such structure shall be connected to all necessary public and/or private utilities and shall comply with all applicable requirements of the Virginia Department of Health;

(9)

no signage advertising or otherwise promoting the existence of the structure shall be permitted either on the exterior of the temporary family health care structure or elsewhere on the property;

(10)

prior to placement of such a structure on a residential property, the property owner shall obtain a permit, available from the office of the zoning administrator; the zoning administrator shall require submission of a sketch plan and such other documentation as deemed necessary to ensure compliance with the standards set forth herein;

(11)

any temporary family health care structure installed pursuant to this section shall be removed within 60 days of the date on which the temporary family health care structure was last occupied by a mentally or physically impaired person receiving services or in need of the assistance of a caregiver;

(12)

for the purposes of this section, the term caregiver means an adult who provides care for a mentally or physically impaired person within the Commonwealth and the caregiver shall be either related by blood, marriage, or adoption to, or shall be the legally appointed guardian of, the mentally or physically impaired person for who care is being provided; and,

(13)

on an annual basis, at least 30 days prior to the anniversary date of the initial permit issuance, the caregiver shall be required to provide evidence of compliance with the terms of this section and to grant zoning and code enforcement personnel the opportunity to conduct an inspection of the property and the structure at a time mutually acceptable to the caregiver and the inspection personnel.

(q)

Other uses and structures of a similar nature which are customarily associated with and incidental to residential uses as determined by the zoning administrator.

(Ord. No. 01-20(R), 10-16-01; Ord. No. 05-13(R), 5-17-05; Ord. No. 08-17(R), 3-17-09; Ord. No. 10-2, 3-16-10; Ord. No. 10-24, 12-21-10; Ord. No 11-15(R), 11-16-11; Ord. No. 13-11, 7-16-13; Ord. No. 14-20(R), 10-21-14; Ord. No. 17-8, 8-15-17; Ord. No. 17-12, 9-19-17; Ord. No. 19-1(R), 3/19-19; Ord. No. 24-17(R), 9-17-24)

The following accessory uses shall be permitted in conjunction with commercial and industrial uses. No accessory use, activity, or structure, except fences, shall be constructed until the principal use of the lot has commenced, or the construction of the principal building/structure has commenced and is thereafter diligently and continuously pursued to completion. Land uses not listed in this section and not deemed similar to a listed use pursuant to subsection (l) shall be deemed not allowed as commercial or industrial accessory uses:

(a)

Fences or walls provided that:

(1)

fences or walls located in side or rear yards shall not exceed eight feet (8') in height;

(2)

fences or walls located in front yards shall not exceed six feet (6') in height provided that corner visibility standards, as established in section 24.1-220 shall be observed;

(3)

the above standards shall not be deemed to prohibit any fences or walls which may be required for screening, security or safety purposes by other sections of this chapter and, furthermore, the zoning administrator may authorize the installation of fences exceeding the above height limits when it is determined that such additional fence height would be appropriate for providing screening and buffering benefits to adjoining properties; and

(4)

when a fence is designed/constructed such that the rails, boards, wire mesh or other nonstructural coverings are attached to only one side of the structural supports (i.e., posts, cross rails, etc.), that side shall be considered the "finished" side and shall face any adjacent public right-of-way or residential zoning districts. The Zoning Administrator may grant an exception to this requirement upon finding that such orientation is impractical or unnecessary given existing fences or other extenuating circumstances on the adjacent property.

(b)

Uses intended specifically for the use and benefit of the employees and families or patrons of the principal use such as snack bars, cafeterias, off-street parking spaces, health and fitness, and recreation facilities or similar uses.

(c)

Living quarters for a proprietor or manager and family located in the same building as the place of occupation, or living quarters for a watchman or custodian of an industrial establishment.

(d)

Incidental repair, installation or assembly facilities for products or equipment used or sold in the operation of the principal use, unless specifically prohibited or otherwise regulated under the applicable district regulations.

(e)

Incidental storage facilities for goods and materials used or offered for retail sale on the premises.

(f)

Motor vehicle fuel dispensing pumps, pump islands, or service kiosks installed for and utilized exclusively by vehicles owned or operated by commercial or industrial establishments to which they are accessory.

(g)

Antenna structures for radio communication purposes or other information or data transfer purposes associated with a business or industrial operation. Antenna structures in excess of one hundred feet (100') in height (including both the supporting structure and the antenna) shall be permitted only by the board after conducting a duly advertised public hearing.

(h)

Dish antennae shall be subject to the following provisions:

(1)

Dish antennae shall not exceed twelve feet (12') in diameter and fifteen feet (15') in height.

(2)

Dish antennae shall be permitted in rear yards and on roofs. No part of a dish antenna shall be closer than ten feet (10') to any lot line. When located on a roof, such antenna shall be set back from all edges of the roof a distance of at least two (2) times its height.

(3)

All dish antennae and the construction and installation thereof shall conform with applicable requirements of the Uniform Statewide Building Code. No dish antenna may be installed on a portable or movable base.

(4)

The above dimensional and location standards notwithstanding, where the zoning administrator determines that a usable satellite signal cannot be obtained by locating or sizing a dish antenna in accordance with such criteria, application may be made to the board in accordance with the procedures established in article I, for authorization by special use permit, of an alternative placement or size in order to provide for the reception of a usable signal. In its consideration of such applications, the board may impose such conditions as it deems necessary to protect the public health, safety and general welfare and to protect the character of surrounding properties.

(5)

The above provisions shall not apply to any dish antenna used by a cable company possessing a valid franchise issued by the board.

(i)

Incidental retail sales of products produced or refined on the premises.

(j)

Incidental monitoring equipment or devices designed to monitor general conditions or specific processes or events or both.

(k)

Small wind energy systems subject to the standards set forth in section nos. 24.1-231 and 274 of this chapter.

(kk)

Solar energy facilities designed to primarily serve the energy demands of the property on which located and subject to the standards set forth in Section 24.1-275 of this chapter.

(l)

Parking or storage of heavy trucks and cargo or utility trailers provided that the following requirements are observed:

(1)

such vehicles may be parked in any required parking spaces located on the site, provided they can fit within a single standard-dimension parking space, as set forth in Section 24.1-607, and that the site remains compliant with the requirements of Section 24.1-604(c).

(2)

vehicles that cannot fit in a standard-dimension parking space must be accommodated on a properly paved and located surface that does not constitute any of the required parking space, drive aisles, or fire lanes on the site.

(3)

wheels or other transporting devices shall not be removed except for necessary repairs or seasonal storage.

(4)

any signage attached or affixed in any manner to the trailer must be capable of remaining in place and being legal when the trailer is driven on public roads.

(m)

Other uses and structures of a similar nature which are customarily associated with and incidental to commercial or industrial uses, as determined by the zoning administrator.

(Ord. No. O98-18, 10-7-98)(Ord. No. 01-20(R), 10-16-01; Ord. No. 05-13(R), 5-17-05; Ord. No. 08-17(R), 3-17-09; Ord. No. 10-2, 3-16-10; Ord. No. 11-15(R), 11-16-11; Ord. No. 17-8, 8-15-17)

Except where other provisions of this chapter are more restrictive, the following requirements shall apply to the location, height, and size of all accessory uses or structures in all districts, including the planned development district unless the approving ordinance for such district (project) has established alternative or supplementary requirements:

(a)

With the exception of statues, arbors, trellises, flagpoles, fences, walls or roadside stands, accessory buildings or structures shall not be located closer to the front lot line than the principal building façade provided, however, that where the setback of the principal building exceeds fifty feet (50'), accessory buildings and structures shall be subject only to a fifty-foot (50') minimum setback requirement.

(b)

Accessory buildings or structures located closer to the front lot line than the rear of the principal building shall observe the side yard requirements applicable to the principal building. When the rear façade of the principal building has more than one plane, the accessory building side yard requirements shall be determined based on accessory building location in relation to those rear façades as depicted in Figure II-7.1, Appendix A.

(c)

An accessory building or structure attached to a principal building by any wall or roof construction, or located within ten feet (10') of any principal building, shall be considered a part of the principal building and shall observe all yard regulations applicable thereto. Setback and spacing requirements for accessory in-ground swimming pools shall be measured to the edge of the water. Setback and spacing requirements for above-ground pools shall be measured to the outer edge of the pool wall or any above-ground decking surrounding the pool.

(d)

Accessory buildings and structures shall observe minimum side and rear yard setbacks of five feet (5') except where the provisions of this chapter specifically require otherwise and provided, however:

(1)

There shall be no side and rear yard requirements for fences or walls; and

(2)

There shall be no rear yard requirement for docks, piers or boathouses; however, a setback of ten feet (10') from side lot lines extended to mean low water shall be observed. All such uses shall be subject to applicable permitting requirements of the Virginia Marine Resource Commission and United States Army Corps of Engineers.

(e)

Roadside stands shall be set back at least twenty feet (20') from any road right-of-way.

(f)

The above listed requirements shall not apply to the parking or storage of small cargo or utility trailers, recreational vehicles and similar equipment; however, no such trailer, vehicle, or equipment shall be stored within twenty feet (20') of any public road right-of-way, unless in a driveway.

(g)

Except as authorized by section Nos. 24.1-231, 24.1-272, or section 24.1-274 of this chapter, no accessory building or structure shall exceed the maximum height limitation established for the district or the height of the structure to which it is accessory, whichever is less, provided, however, that buildings which are accessory to a single-story building may be constructed to a maximum height not exceeding 1.25 times the height of the principal building. In cases where this is permitted, the accessory building shall be separated from the principal building by a distance of at least twenty feet (20') and shall observe a minimum side and rear yard setback of ten (10) feet rather than the normally applicable five (5) feet.

(h)

With the exception of barns and similar structures associated with a bona fide agricultural/farming operation, the building footprint (i.e., lot coverage) of a structure accessory to a residential use shall not exceed the area of the building footprint of the principal residential structure.

(i)

Accessory structures shall be located on the same lot as the principal structure. Where adjoining lots are under single ownership and an accessory structure is proposed to be located so as to straddle an interior property line, or where the accessory and principal structures would be on different lots, the owner shall be responsible for preparing and recording, prior to issuance of a building permit, a survey plat to vacate the interior lot line(s) as necessary to ensure the principal and accessory structures are located on the same lot.

(Ord. No. 05-13(R), 5-17-05; Ord. No. 08-17(R), 3-17-09; Ord. No. 10-2, 3-16-10; Ord. No. 10-24, 12-21-10; Ord. No. 17-12, 9-19-17)

The following requirements and performance standards shall apply to all accessory small wind energy systems:

(a)

Small wind energy systems meeting the height limitations set forth in section 24.1-231(a)(1) shall be subject to administrative review and approval by the zoning administrator, and shall be approved if meeting all requirements of this section. Any small wind energy system in excess of those height allowances shall be subject to review and approval pursuant to the special use permit procedures and requirements set forth in section 24.1-115 of this chapter.

(b)

Every application for a small wind energy system shall be accompanied by scaled elevation drawings of the proposed system, including colors and specifications, and certification from a licensed professional engineer that the support structure of the system will have the structural integrity to carry the weight and wind loads of the small wind energy system.

(c)

Small wind energy systems shall not be permitted in the YVA zoning district.

(d)

The height of any small wind energy system shall be measured from ground level to the highest point of the turbine rotor at its highest elevation.

(e)

The minimum setback of any small wind energy system shall be equal to the height of the system. Guy wire anchors shall not be permitted in any front or side yard.

(f)

The minimum distance between the ground and any protruding blades utilized on a small wind energy system, as measured at the lowest point of the arc of the blades, shall be ten feet (10').

(g)

Unless otherwise provided for by the Board of Supervisors through the approval of a special use permit, small wind energy systems shall be permitted only in a rear yard.

(h)

Other than safety and warning signs, no signage, flags, streamers, or decorative items shall be attached or affixed to any component of the system.

(i)

Turbines and support structures shall be predominantly white, off-white, gray, or a similar nonobtrusive color.

(j)

No portion of a small wind energy system shall be illuminated unless required by the Federal Aviation Administration.

(k)

All small wind energy systems and the construction and installation thereof shall conform to the applicable requirements of the Uniform Statewide Building Code.

(l)

Building permit applications for small wind energy systems shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code.

(m)

Small wind energy systems shall be operated in compliance with the provisions of Section 16-19, Unnecessary or excessive noise, of the York County Code.

(n)

The applicant shall provide evidence that the proposed height of the small wind energy system tower does not exceed the height recommended by the manufacturer or distributor of the system.

(o)

The applicant shall provide evidence in writing that the provider of electric utility service to the site has been informed of the applicant's intent to install an interconnected customer-owned electricity generator, unless the applicant intends, and so states on the application, that the system will not be connected to the electricity grid.

(p)

In order to prevent unauthorized climbing, the supporting tower shall be enclosed with a six-foot tall privacy fence or the base of the tower shall not be climbable for a distance of ten (10) feet.

(q)

The small wind energy system's generators and alternators shall be constructed so as to prevent the emission of radio and television signals and shall comply with the provisions of Section 47 of the Code of Federal Regulations, Part 15 and subsequent revisions governing said emissions.

(r)

Any small wind energy system found to be unsafe by the building official shall be repaired by the owner to meet applicable federal, state, and local safety standards or removed within six months. If use of any small wind energy system ceases for a continuous period of one year, the County shall notify the owner of the property on which the system is located by certified mail that a removal notice is forthcoming. Within thirty (30) days of such notification, the landowner shall either provide evidence that the system has been in operation or set forth reasons for the operational difficulty and the corrective measures being taken or proposed to restore operability. The landowner shall either take corrective action or dismantle and remove the system within six (6) months thereafter.

(s)

The installation and design of the system shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI).

(Ord. No. 10-2, 3-16-10)

Accessory solar energy facilities shall be subject to the following provisions and standards:

a)

The cumulative area of all accessory ground-mounted facilities shall not exceed the footprint of the principal structure on the subject property.

b)

Any equipment mounted on a principal building or accessory building shall not extend above the height of the ridgeline of the building to which it is attached.

c)

Any ground-mounted facility shall not exceed or twenty feet (20') in height, or the height of the principal structure, whichever is less.

d)

Solar energy facilities shall be operated in compliance with the provisions of Section 16-19, Unnecessary or excessive noise, of the York County Code.

e)

Ground-mounted solar energy facilities shall not be located in front or side yards and all parts of such facilities shall comply with the requirements set forth in Section 24.1-273, Location, height, and size requirements.

f)

A building permit shall be obtained for a solar energy facility in accordance the Building Code. The applicant shall submit certificates of design compliance obtained by the equipment manufacturer from a certifying organization and any such design shall be certified by an engineer registered in the Commonwealth of Virginia.

g)

Applications for Building Permits shall be accompanied by scaled horizontal and vertical (elevation) drawings of the facility. The drawings must show the location of the facility on the building, or on the property for a ground-mounted facility, including the property lines and setback lines.

h)

The plan submission shall be accompanied by documentation, prepared, and certified by a professional engineer, attesting that the solar facility has been sited and designed properly to minimize glare.

(Ord. No. 17-8, 8-15-17)

Home occupations, as defined in section 24.1-104, shall be a permitted residential accessory use in conjunction with any lawful residential use if in conformance with the following provisions. If a specific use or activity proposed for operation as a home occupation is not materially similar to those uses and activities listed herein, the matter shall be resolved in accordance with the procedures outlined in section 24.1-115 of this chapter.

(Ord. No. 24-14(R-2), 10-15-24)

All home occupations shall be subject to the following provisions unless excepted by the board in accordance with the provisions of section 24.1-283:

(a)

The owner/operator and business license holder of the home occupation shall reside on the premises. No person other than individuals residing on the premises shall be engaged on the premises in such operation at any given time unless otherwise authorized under sections 24.1-282(a) or 24.1-283(e).

(b)

Such home occupation shall not generate traffic, parking, sewage, or water use in excess of that which is normal in the residential neighborhood.

(c)

The outside appearance of the building or premises or other evidence of the conduct of such home occupation shall maintain a residential appearance visible from the street or adjacent properties.

(d)

Outdoor storage shall not be permitted unless through special use permit.

(e)

Such home occupation shall not generate traffic, parking, sewerage or water use in excess of that which is normal in the residential neighborhood.

(f)

Any demand for parking generated by the conduct of such home occupation(s) which is in addition to the spaces required for the residential use shall be accommodated off the street in a suitably located and surfaced space. Parking must be ten feet (10') from any property line and where three (3) or more spaces are required they shall be effectively screened and buffered by landscaping from view of adjacent residential properties and the home occupation shall be authorized only by issuance of a special use permit by the board. In its approval action, the Board will specify the maximum parking limits associated with the home occupation.

(g)

No aspect of such home occupation operation shall exceed the sound levels noted in Section 16-19.3. Such aspects shall include, but shall not be limited to, equipment, employees, owners, customers, or clients. The occupation or activity shall not require the use of machinery or equipment that creates odor, smoke, dust, glare, flammable or toxic substances, or is dangerous or otherwise detrimental to persons residing in the home or on adjacent property.

(h)

Commercial vehicles with a gross vehicle weight of ten thousand (10,000) pounds to sixteen thousand (16,000) pounds, or a length of 21 feet or more, including trailers or other attachments must be kept in a garage or an enclosed and screened storage yard and not visible from the public streets or adjacent properties.

(Ord. No. O98-18, 10-7-98; Ord. No. 08-17(R), 3-17-09; Ord. No. 19-1(R), 3-19-19; Ord. No. 24-14(R-2), 10-15-24; Ord. No. 25-25, 9-16-25)

(a)

The home occupations below are permitted in all residential districts and shall be allowed one customer/client contact per appointment once per hour at a maximum of five (5) customers/client per day limited to the period between 8:00 a.m. to 8:00 p.m., Monday through Saturday with no customer/client contact on Sunday, or in cases where customer/client contact is not required, such home occupation shall allow for the presence of up to two (2) non-resident employees at any given time:

(1)

Artists and sculptors.

(2)

Authors and composers.

(3)

Dressmakers, seamstresses, tailors.

(4)

Home crafts such as model making, rug weaving, cabinet making, furniture refinishing, or ceramics.

(5)

A resident salesperson, sales representative or manufacturer's representative.

(6)

Resident accountants, architects, photographers, brokers, computer programmers, web designers, online teaching, virtual assistants, electronic device repair, sewing machine repair, consultants, counselors, engineers, lawyers, insurance agents, real estate agents or similar professionals.

(7)

Telephone answering service.

(8)

Photography studios.

(9)

Tutoring.

(10)

Other activities and uses which the zoning administrator determines can be operated in complete accordance with section 24.1-281 of this chapter and which are not otherwise regulated or prohibited by this chapter or any other provision of law.

(b)

The below permitted home occupations shall be allowed in all residential districts:

(1)

A member of the clergy.

(2)

Day care, pre-school, or nursery for not more than four (4) children under the age of thirteen (13), exclusive of the provider's own children and any children who reside in the home as residential occupancy by a single family.

(Ord. No. O98-18, 10-7-98; Ord. No. 05-13(R), 5-17-05; Ord. No. 14-12, 6-17-14; Ord. No. 17-12, 9-19-17; Ord. No. 24-14(R-2), 10-15-24; Ord. No. 25-25, 9-16-25)

The board may authorize, by special use permit issued in accordance with all applicable procedural requirements as set forth in article I, the following and materially similar types of home occupations subject to the specified conditions:

(a)

Home occupations permitted under section 24.1-282 which generate a parking demand for two (2) or more parking spaces.

(b)

Home occupation(s) with on-premises retail sales, or personal services, or customer/client contact exceeding one customer/client by appointment per hour or more than five customers/clients per day.

(1)

Uses which may be authorized under this section shall include barber and beauty shops, antique shops, certified and registered medical or health professionals, veterinarian with no kenneling, small engine and equipment repair, bicycle rental, rental of rooms for nontransient use, a day care, pre-school, or nursery school for more than four (4) non-resident children, in-home professional offices with customer or client contact exceeding one customer/client by appointment per hour or more than five customers/clients per day, blacksmith, firearms or ammunition sales, automobile detailing services, and other materially similar activities and land uses involving on-premises retail sales exceeding one per hour, customer contact, and personal services. These provisions shall also apply to catering operations conducted in accordance with section 29.5 of the Rules and Regulations of the Board of Health of the Commonwealth of Virginia provided, however, that food preparation that is conducted from the structure's standard residential kitchen for off-premises sale and consumption and that does not involve any on-site customer contact exceeding one per hour or non-resident employees shall not be deemed to require a special use permit.

(2)

All public contact related to such use shall be limited to the period between 8:00 a.m. and 8:00 p.m., Monday through Saturday, unless otherwise specified by the board.

(3)

Off-street parking shall be provided in accordance with the applicable standards established in article VI for business and commercial uses. Such spaces shall be in addition to those otherwise required for the residential use of the property, and shall be no less than ten feet (10') from any property line, unless on an existing driveway, and shall be effectively screened from view of adjacent properties and street rights-of-way by landscaping supplemented, if necessary, by fencing.

(4)

The type and extent of items to be displayed, stored or sold, or personal services to be offered on the premises shall be specifically stipulated by the board in authorizing any such use permit. In no case shall the area devoted to sales, storage, display or conduct of such home occupation exceed twenty-five percent (25%) of the floor area of the residence or such smaller area as may be stipulated by the board.

Such use shall comply with all applicable requirements for home occupations as established in section 24.1-281 of this chapter.

(c)

Small contracting businesses operated as home occupations in the RC, RR and WCI districts.

(1)

For the purpose of this section, small contracting businesses shall be deemed to include businesses engaged in construction and repair of buildings; installation and servicing of heating, cooling and electrical equipment, flooring, painting, plumbing, roofing and tiling; landscaping; and other such uses deemed by the zoning administrator to be similar in terms of type, scale and impact. This section shall not be construed to necessitate a use permit for offices of such businesses as authorized and conducted in accordance with the provisions established in sections 24.1-281 and 24.1-282 nor shall this section be construed to provide opportunities for business operations which involve on-site manufacturing of products or materials utilized in the conduct of such business.

(2)

All structures, parking and loading areas, and storage areas associated with such use shall be located at least one hundred feet (100') from any lot line. Such setback and buffer area shall be landscaped and fenced in order to provide immediately a Type 50 transitional buffer.

(3)

Not more than two (2) vehicles or pieces of equipment associated with the operation of a business shall be operated from the site or stored, unless a greater number is deemed appropriate and is authorized by the board of supervisors in conjunction with consideration of a special use permit application. Small transportable equipment including lawn mowers; chain saws; power hand tools; table, band or radial arm saws; and similar items shall not be included in such a determination.

(4)

Unless otherwise stipulated by the board in granting a special use permit, the areas covered by all structures used primarily in connection with such uses shall not exceed a total of one thousand five hundred (1,500) square feet.

(5)

Unless otherwise stipulated by the board in granting a special use permit, the area covered by any outdoor storage associated with such use shall not exceed a total of one thousand (1,000) square feet.

(6)

All parking, loading and storage associated with such use shall be screened effectively from view from adjacent properties by landscaping and appropriate opaque fencing materials.

(7)

The board shall find and determine that the proposed small contracting business is not likely to generate traffic, including commercial delivery vehicles, in greater volume than would normally be expected in the district in which it is located.

(8)

The board shall find and determine that the proposed small contracting business is not likely to create noise, dust, vibration, odor, smoke, glare, electrical interference, fire hazard or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the district in which it is located.

(d)

Docking workboats and off-loading seafood as a home occupation in RR and RC districts.

(1)

Such uses may be authorized only on property which is classified RC or RR. The docking of workboats, off-loading of seafood, and the conduct of a waterman's operation shall be limited to occupants of the premises who are engaged in commercial fishing or the harvesting of seafood from open waters using traditional methods such as lines, nets, crab-pots, tonging or dredging. Uses which involve aquaculture methodologies including, but not limited to, the propagation, rearing, enhancement and harvest of aquatic organisms (including, but not limited to, shellfish) in controlled or selected environments pursuant to a license for on-bottom shellfish aquaculture from the Virginia Marine Resources Commission shall not be eligible for consideration under these provisions. Such uses shall, for the purposes of this chapter, be considered to be aquaculture and shall be permitted in accordance with the listings set forth in section 24.1-306, Table of Land Uses, of this chapter.

The above provisions notwithstanding, Special Use Permit authorization shall not be required for traditional waterman activities (commercial fishing, harvesting seafood from open water using traditional methods) conducted in a manner and from property complying with the terms applicable to commercial aquaculture set forth in section 24.1-414.3.

(2)

Outdoor storage of goods, equipment, or materials (other than the workboat itself) shall be limited to a total of one thousand (1,000) square feet and shall not be located in any front or side yard, or within twenty feet (20') of any property line. Any equipment or storage located on the property shall be screened from view from all public streets and adjacent properties by a landscaped buffer area supplemented, if determined necessary by the zoning administrator or the board at the time of permit approval, by masonry or wooden fencing material. In its approval of a special use permit, the board may limit outdoor storage to less than one thousand (1,000) square feet or may require a setback greater than twenty feet (20') if deemed necessary based on the characteristics of the subject site or its surroundings.

(3)

Repair of workboats shall be limited to routine maintenance, which may include:

a.

minor tune-ups;

b.

change of oil and filters;

c.

washdown and drainage of workboats;

d.

winterizing (draining lines, etc.);

e.

other customary routine repairs or maintenance.

(4)

All federal, state and local requirements for docking facilities shall be met and the necessary permits obtained prior to the issuance of a building permit for docks, piers, or boat houses.

(5)

The workboats and seafood unloading operations shall be conducted in such a manner as to prevent potentially offensive odors from being produced. No overnight storage of seafood waste shall be permitted on the property.

(6)

Any outdoor or security lighting shall be shielded so that glare is not directed onto adjacent property.

(7)

The number of workboats docked at the property shall not exceed the capacity of the pier or boat house. The "rafting" of boats shall not be permitted.

(8)

No heavy trucks shall be permitted to operate from the property.

(9)

Any demand for parking generated by the conduct of such use shall be accommodated off the street.

(10)

The storage and utilization of toxic substances shall be limited to types and quantities that would customarily be utilized or stored for residential use. Any storage or utilization of combustible, toxic, or flammable substances shall be in accordance with the National Fire Prevention Code.

(11)

The board shall, on a case-by-case basis, review and impose such other conditions as it deems necessary and appropriate to assure that the use will be compatible with, and will not adversely impact, adjoining properties and the environment of the area. Such conditions and restrictions may include:

a.

hours of operation;

b.

number of workboats permitted to use the private residential pier or dock;

c.

a requirement to prepare a water quality impact assessment;

d.

additional screening or landscaping requirements for outdoor storage areas and equipment.

(e)

Home occupation(s) with non-resident employees.

(1)

Any home occupation may be authorized under this section to include three (3) or more non-resident employees by special use permit approval.

(2)

Evaluation of this allowance shall be based on the general provisions of section 24.1-281 and applicable requirements as set forth in section 24.1-283.

(f)

Enlargement or expansion of permitted home occupations.

(1)

The board may authorize by special use permit issued in accordance with the procedures stipulated in article I, enlargements or expansion of home occupations permitted in sections 24.1-282 and 24.1-283.

(2)

The board shall find that the overall spirit and intent of section 24.1-281 will not be violated by the issuance of a special use permit authorizing an enlargement or expansion and may attach any conditions deemed necessary to ensure such compliance.

(g)

Any commercial or passenger vehicle(s), as defined below, utilized by a home occupation(s) shall be parked on, stored on, or operated on or from the property only by special use permit. Commercial vehicles shall be kept in a garage or an enclosed and screened storage yard and not visible from the public street or adjacent properties.

(1)

Commercial Vehicle:

(a)

Any vehicle with a gross vehicle weight rating (GVWR) of sixteen thousand one (16,001) pounds or more;

(b)

Any trailer of an overall length (OAL) of seventeen (17) feet or more;

(c)

Any heavy construction equipment;

(d)

Any tractor truck or tractor truck/semi-trailer or tractor/truck combination, dump truck, concrete mixer truck, or towing or recovery vehicle;

(e)

Any trailer, semi-trailer or other vehicle in which food or beverages are stored or sold.

(2)

Passenger Carrying Vehicle:

(a)

Any vehicle designed to carry twelve (12) or more passengers, including the driver;

(b)

Any vehicle licensed by this Commonwealth for use as a common or contract carrier or as a limousine.

(Ord. No. O98-18, 10-7-98)(Ord No. 01-20(R), 10-16-01; Ord. No. 05-13(R), 5-17-05; Ord. No. 08-17(R), 3-17-09; Ord. No. 14-20(R), 10-21-14; Ord. No. 14-20(R), 10-21-14; Ord. No. 15-14, 11-17-15; Ord. No. 17-12, 9-19-17; Ord. No. 24-14(R-2), 10-15-24; Ord. No. 25-25, 9-16-25)

The following uses shall not be permitted as an on premises accessory home occupations:

(a)

Automobile repair, servicing, sales, or body work.

(b)

Funeral chapels, funeral homes, crematoriums.

(c)

Gift shops.

(d)

Medical or dental clinics or hospitals.

(e)

Restaurants, tearooms, or other eating or drinking establishments.

(f)

Commercial stables, commercial kennels.

(g)

Veterinary clinics or hospitals.

(h)

Convenience store.

(i)

Tattoo parlor.

(j)

Gambling or gaming establishment.

(k)

Vape, e-cigarette, or tobacco sales.

(l)

Any home occupation involving the use of a vehicle, regardless of size, used in transportation of hazardous materials as defined in section 103 of the federal Hazardous Materials Transportation Act (49 C.F.R. Par 172, Subpart F).

(m)

Sexually-oriented business.

(n)

Other activities and land uses which the zoning administrator determines to be materially similar to the activities listed above.

(Ord. No. 24-14(R-2), 10-15-24; Ord. No. 25-1, 1-21-25)