It is the purpose of this article to establish performance standards for the various categories of land use allowed in the county. The purpose of such performance standards is to ensure compatibility with surrounding uses, conformity with the adopted comprehensive plan, and the protection of the public interest and welfare. Henceforth, all proposed developments and uses of land shall be designed and constructed in accordance with the applicable portions of these standards based on the category of the use.

(a)

Every dwelling shall be served by a driveway which has an all-weather surface and is maintained in a condition passable by emergency vehicles at all times.

(b)

The minimum spacing between the tangent point of an intersection and permitted driveways, and between driveways themselves shall be twenty feet (20') unless a greater distance shall be specified in the subdivision ordinance. The zoning administrator may reduce this spacing requirement for lots platted prior to December 1, 1991, upon a determination that adherence to the twenty-foot (20') separation standard is not possible or not practical given the existing development of adjacent properties or the topography of the subject parcel.

(a)

In those districts where permitted, cluster techniques may be utilized to create open space developments, provided that a minimum gross land area of five (5) acres is available and utilized. Acreage that is continually inundated, or which is subaqueous, shall not be counted as "land area" for the purposes of this section. An addition to an existing open space development may be less than five (5) acres only if the zoning administrator finds that such an addition forms a logical extension.

(b)

Density calculations shall be based on net developable acreage as determined by section 24.1-203 of this chapter and the following formula:

Where / _SR is a reduction factor to account for streets and recreation space required in conventional subdivisions and is based on the zoning districts in which the proposed development is to be located:

Fractional units may be rounded up to the next whole number.

(c)

Layout, open space, and recreational area requirements.

(1)

Any open space buffer strip used to satisfy the dimensional requirements in the chart above shall be landscaped to meet Type 35 Transitional Buffer standards, as established in section 24.1-243, Transitional buffers. The buffer strip shall not be used to accommodate stormwater management facilities.

(2)

All areas not included in lots or street rights-of-way shall be incorporated into common open space.

(3)

The common open space shall be arranged and designed so as to facilitate its use, ensure continuity of design, and preserve sensitive environmental features. Failure to achieve these goals shall be sufficient reason for the zoning administrator to deny applications for open space development plan approval or to require modifications which may include loss of lots.

(4)

Recreational space as required in this subsection shall contain both active and passive recreation areas. Active recreation area shall consist of land and facilities used for active recreational purposes, such as a playground/tot lot, tennis/pickleball court, swimming pool/splash pad, community building/clubhouse, and/or an activity field. Passive recreation areas shall consist of planned and regularly maintained open areas that contain amenities such as dog parks, community gardens, gazebos, picnic shelters, or similar facilities. All required recreation areas shall be suitable and appropriate to the size, scale, and market orientation of the development. Recreational facilities shall either be constructed or guaranteed for construction through an agreement and surety acceptable to the county attorney prior to the platting of any lots over fifty percent (50%) of the total number authorized in the open space development.

(5)

Pedestrian and bicycle facilities shall be provided which fully interconnect the development and its recreation areas both internally and with existing and planned external pedestrian and bicycle facilities. Sidewalks shall be located on both sides of each street.

(6)

For open space developments equal to or greater than ten (10) gross acres in size, development density may be increased if recreation area in excess of the 7.5% prescribed by the York County subdivision ordinance, Chapter 20.5, is provided and developed. Density increases shall be limited to a maximum of ten percent (10%) and shall be granted in increments of one percent (1%) for each additional two percent (2%) increment of recreation space.

(d)

In open space developments where the gross land area of the parent tract is less than ten (10) acres, all street rights-of-way shall be platted and dedicated for public use and designed in accordance with the provisions of York County Subdivision Ordinance Chapter 20.5, Article VI, Division 2, Streets and Roads.

(e)

Applications for open space developments shall be made in the same manner as prescribed for conventional subdivisions in the York County Subdivision Ordinance, Chapter 20.5.

(f)

Final plats recorded for an open space development utilizing the cluster technique and all deeds for lots within such development shall bear a statement indicating that the land is within an approved residential open space (cluster) subdivision and shall also bear a statement indicating the ownership status of the development's open space system. The statement shall reference the covenants creating a property owners association, with such covenants to be recorded at the time final plats are put to record.

(h)

Development density may be increased if recreation area in excess of the seven and one-half percent (7.5%) prescribed by the subdivision ordinance is provided and developed. Density increases shall be limited to a maximum of ten percent (10%) and shall be granted in increments of one percent (1%) for each additional two percent (2%) increment of recreation space.

The proposed active recreation facilities shall be approved by the zoning administrator as being appropriate to the size and market orientation of the development and shall either be constructed or guaranteed for construction through an agreement and surety acceptable to the county attorney prior to the platting of any lots over fifty percent (50%) of the total number authorized in the open space subdivision.

(Ord. O97-5, 2-5-97; Ord. No. 03-43, 12-16-03; Ord. No. 05-13(R), 5-17-05; Ord. No. 09-22(R), 10-20-09; Ord. No. 11-15(R), 11-16-11; Ord. No. 25-21, 9-16-25)

The following standards shall be required of all single-family attached developments. Evidence of compliance shall be demonstrated through preparation of a site plan in accordance with all requirements of article V.

(a)

A single-family attached dwelling unit development or project shall consist of at least five (5) acres except where the zoning administrator determines in writing that allowing development on a smaller parcel of land would facilitate the logical "in-fill" development of vacant parcels and promote efficient land use.

(b)

All dwelling units shall be served by public water and public sewer.

(c)

The development project shall be designed to promote harmonious relationships with surrounding properties through attention to the type, orientation, spacing and setback of buildings, preservation of natural vegetation, location of recreation areas, open spaces, parking areas, grading, landscaping, and screening and buffering.

(d)

The density of the single-family attached dwelling unit development shall not exceed the maximum allowable density for the particular district in which located. Maximum allowable density shall be calculated using net developable acreage as determined in accordance with section 24.1-203.

(e)

There shall be no more than six (6) units in any contiguous grouping of townhouse or multiplex units. No more than two (2) abutting attached units shall have uniform roof lines or the same setback. Variations in the setback of building faces shall be at least three feet (3').

(f)

The single-family attached development shall be surrounded by a perimeter buffer area of at least twenty-five feet (25') in width. Where feasible, existing mature and healthy trees located throughout the buffer area shall be preserved and protected during and after the development process. Where existing trees must be removed, or few or no trees previously existed throughout the buffer area, trees shall be planted in sufficient numbers to achieve a landscaping ratio of at least one tree, either existing or newly planted, for each five hundred (500) square feet of buffer area. The provisions of this section shall not be construed to require cutting of existing stands of mature healthy trees within such buffer areas nor to require a regimented planting pattern. The final landscaping plan shall ensure that plant materials consistent with the standards established in article II-division 4, are located throughout the buffer areas. Required yards for individual units shall not extend into such areas.

(g)

Each single-family attached dwelling unit shall have direct access to a private rear or side yard or patio area which should be enclosed or visually screened by fences, walls or plantings. Accessory storage sheds, fences, walls or other structures, designed and constructed at the time of development as an architecturally compatible addition to the dwelling unit, may occupy up to sixty (60) square feet of the required rear or side yard area. Such sheds shall not exceed six feet (6') in width nor ten feet (10') in depth and shall be located along one of the side lot lines in order to serve as a privacy screen and to maximize the usefulness of the remaining yard/patio area. Other provisions of this chapter notwithstanding, required yard setback dimensions shall be measured to the unit rather than to any attached accessory structure.

In addition to the above-described standards, the following provisions shall apply in the situations noted:

(1)

When the rear lot line of a single-family attached unit abuts a common open space strip of at least twenty feet (20') in width, or where the rear lot line faces the side lot line of an adjoining unit and is separated from it by a common open space strip of at least ten feet (10') in width, there may be, as a part of the original construction, or as a later addition, a single-story attached room, storage shed, patio enclosure, screened porch, awning, or other similar structure which projects into the required fifteen foot (15') setback by as much as ten feet (10'). No such extension shall be closer to a side lot line than otherwise authorized by the applicable dimensional regulations.

(2)

Detached single-story storage sheds or similar structures may be located within the required fifteen foot (15') rear yard area and along a side or rear property line provided that they do not exceed sixty (60) square feet in area, are located at least five feet (5') from the principal structure, and the rear lot line abuts a common open space area of at least twenty-five feet (25') in width.

(3)

For the purposes of administering the provisions set forth in Sections 24.1-403(g)(1) and (2) above, for a quadruplex lot or other residential lot in a multiplex grouping in which units are arranged back-to-back and side-to-side, no additions or accessory structures shall be permitted in yards that abut a public or private street or parking area.

(h)

Each single-family attached unit lot shall abut a public street, private drive, group parking area or common open space area. All applicable setback and yard requirements shall be maintained between all units and any public street right-of-way, private drive, group parking area or common open space area. Individual lots shall not be arranged or designed to have frontage on or direct vehicular access to a street proposed for or capable of future acceptance into the State system unless all applicable design requirements of the Virginia Department of Transportation are adhered to. Individual lots and units shall be arranged in accordance with the following criteria:

(1)

Not more than twenty-four (24) units shall be served by a group parking area or private drive having only one point of connection with a public street or an authorized private collector street;

(2)

Up to forty-eight (48) units may be served by a group parking area or private drive having two points of connection with a public street or an authorized private collector street. For each additional increment of twenty-four (24) units, an additional point of connection to a public street or an authorized private collector street shall be required.

(i)

Pedestrian and emergency access to the rear of individual lots shall be available via a common open space strip or access way of at least ten feet (10') in width over which shall be granted a public access easement. No lot or group of attached units shall be arranged such that access to the rear portion of a lot would require crossing any other lot or lots. Access between the ends of buildings or unit groupings shall be provided by a common open space strip of at least ten feet (10') in width over which shall be granted a public access easement. The maximum distance between such accessways shall be two hundred feet (200').

(j)

All single-family attached development shall be designed to accommodate safe and convenient pedestrian and bicycle movements. This shall include adequate provisions for safe, secure, and convenient bicycle parking as well as for internal pedestrian and bicycle circulation which is appropriately connected to the external street, sidewalk and bikeway system.

(k)

Fire hydrants shall be installed within the project at locations such that no structure, or portion thereof, within the project shall be further than six hundred feet (600') from a hydrant.

(l)

Streets.

(1)

All collector and through streets within the proposed development shall be constructed and dedicated for acceptance by the Virginia Department of Transportation, provided, however, that the zoning administrator may specifically authorize a private street system in order to facilitate a secured development where general public access would not be permitted. All public and private streets shall be designed in accordance with the design requirements contained in the subdivision ordinance or those published and amended from time to time by the Virginia Department of Transportation, whichever is more stringent.

(2)

All public and private streets and private drives shall be constructed with curb and gutter.

(3)

Pavement design for all public and private streets shall conform, at a minimum, to the criteria and specifications of the Virginia Department of Transportation. This shall specifically include accommodating the turning radii of emergency and service delivery equipment.

(4)

Access to any single family attached development shall be in accordance with the following requirements:

a.

All such projects containing twenty-five (25) or more units shall have at least two (2) points of access or connection to the existing public street system;

b.

Such access shall not be through a single-family detached residential subdivision.

(m)

Stormwater runoff from streets and parking areas within the project shall be conveyed by a storm sewer system which shall consist of curbs and gutters at the edges of pavement, curb drop inlets, and storm sewer piping in accordance with Virginia Department of Transportation and county specifications.

(n)

Outdoor lighting shall be provided at appropriate locations in order to illuminate adequately group and recreational vehicle parking areas and pedestrian, bicycle, and vehicular circulation routes. Such lighting fixtures and illumination levels shall be designed and arranged to be compatible with both natural and architectural characteristics of the development and the surrounding area.

(o)

Parking.

(1)

Off-street parking spaces shall be provided and designed in accordance with the provisions of article VI of this chapter.

(2)

Required off-street parking spaces shall be designed and located so as to promote safe and convenient vehicular, bicycle and pedestrian circulation. Individual townhouse or multiplex parking spaces shall not generally be located in such a manner as to allow vehicles to enter or exit such space directly from a public street.

(3)

Visitor parking shall be interspersed conveniently throughout the development.

(4)

Parking spaces located on individual dwelling unit lots shall be a minimum of nine feet by eighteen feet (9' × 18') in dimension. Where such spaces are located on the individual lots, or where attached garages and driveways are provided, a minimum of 400 square feet of setback green area having a minimum dimension of ten feet (10') in any direction shall be provided in front of the single-family attached unit.

(5)

The location of parking pads on the individual dwelling unit lots shall be varied in order that not more than two (2) two-car pads (4 spaces) are located side by side without an intervening landscaped strip at least eight feet (8') in width. Any proposed garages, carports or similar parking space enclosures on an individual lot shall be subject to applicable setback and yard requirements.

(6)

Parking areas shall be designed in consideration of the maneuvering needs of emergency equipment.

(7)

One or more common storage areas shall be provided to accommodate recreational vehicles owned by residents. Within these areas, recreational vehicle parking spaces of twelve feet by thirty feet (12' × 30') shall be provided at a ratio of one (1) space per ten (10) dwelling units. Such area(s) shall be separated from living areas and shall be lighted, appropriately screened by landscaping or decorative fencing, and constructed with an all-weather surface.

(p)

Where an existing or planned transit route is located in proximity (1,000 feet) to the development, provision shall be made for a transit stop at a convenient point where the development abuts a public street which is classified as a major collector or higher order street.

(q)

A minimum of fifteen percent (15%) of the gross acreage in the development shall be set aside as common open space. At least fifty percent (50%) of this required common open space shall be suitable by reason of location, topography, and configuration for the development of active recreation facilities. Such facilities shall not abut the exterior boundary of the development.

(r)

Single-family attached units and developments shall be designed to accommodate recycling programs. Development-wide accommodations may include provisions for conveniently located dumpsters dedicated to recyclables collection or other appropriate effort(s) which facilitate recycling.

(Ord. No. 04-11, 6-1-04)

All multi-family development shall comply with the following standards. Evidence of compliance shall be demonstrated through preparation of a site plan in accordance with all requirements of article V.

(a)

All dwelling units shall be served by public water and public sewer.

(b)

The density of multi-family development projects shall not exceed ten (10) units per acre, calculated using net developable acreage as determined in accordance with section 24.1-203.

(c)

The development project shall be designed to promote harmonious relationships with surrounding properties through attention to the type, orientation, spacing setback of buildings, preservation and maintenance of natural vegetation, location of recreation areas, open spaces, parking areas, grading, landscaping, screening and buffering.

(d)

Multi-family structures shall be designed and arranged as follows:

(1)

Where units are arranged to resemble individual townhouses, no more than six (6) such units may be in any one (1) contiguous grouping or structure.

(2)

No single apartment building shall contain more than twelve (12) dwelling units.

(3)

The maximum length of any continuous multi-family structure shall be two hundred feet (200').

(e)

The development shall be surrounded by a perimeter buffer area of at least fifty feet (50') in width which shall be landscaped, in accordance with the provisions of article II, division 4 of this chapter, to meet the Type 50 Transitional Buffer standards.

(f)

Front, side and rear yards shall be provided around each building in the development in a manner which provides a minimum of twenty-five feet (25') of open landscaped space surrounding each building. No two buildings within the project shall be located closer to one another than thirty feet (30').

(g)

A minimum of four hundred (400) square feet of common recreation area shall be provided for each dwelling unit in the development. Such areas shall be arranged and improved to provide suitable recreational opportunities, both active and passive, for the residents of the development. Such area need not be concentrated in one central location but may be interspersed throughout the development, if done in a manner which provides appropriate areas conveniently located to all units. No individual recreational area may be less than twenty-five feet (25') in any linear dimension nor located closer than seventy-five feet (75') to any building. Up to twenty-five percent (25%) of the total required open space may be included within the required perimeter setback area provided that the buffer width is not reduced below twenty-five feet (25').

(h)

Fire hydrants shall be installed within the project at locations such that no building or portion thereof within the development shall be further than six hundred feet (600') from a hydrant.

(i)

The following design standards shall apply to private streets and circulation drives within the development:

(1)

Pavement shall be designed and constructed in accordance with the Virginia Department of Transportation standards for streets having the same traffic volumes as the proposed private streets and drive.

(2)

All streets, drives, and parking areas shall be constructed with curb and gutter designed in accordance with Virginia Department of Transportation specifications.

(3)

Street widths shall be based on the anticipated traffic volumes of the street and shall be determined in accordance with the standards contained in the county subdivision ordinance.

(j)

Access to any multi-family development project shall be in accordance with the following requirements:

(1)

All such projects of twenty-five (25) units or more shall have at least two (2) points of access to the existing public street system;

(2)

Such access shall not be through a single-family detached residential subdivision.

(k)

All multi-family developments shall provide for safe and convenient pedestrian and bicycle circulation. This shall include safe, secure, and conveniently located bicycle parking facilities together with internal sidewalks, bike lanes, pathways, or trails which are appropriately connected to the external street, bikeway, and pedestrian systems.

(l)

Where an existing or planned transit route is located in proximity (1,000 feet) to the development, provision shall be made for a transit stop at a convenient point where the development abuts a public street which is classified as a major collector or higher order street.

(m)

Stormwater runoff from streets and parking areas within the project shall be conveyed by a storm sewer system which shall consist of curbs and gutters at the edges of pavement, curb drop inlets, and storm sewer piping in accordance with Virginia Department of Transportation and county specifications.

(n)

Outdoor lighting shall be provided at appropriate locations in order to illuminate adequately group and recreational vehicle parking areas and pedestrian, bicycle, and vehicular circulation routes. Such lighting fixtures and illumination levels shall be designed and arranged to be compatible with both natural and architectural characteristics of the development and the surrounding area.

(o)

One or more common storage areas shall be provided to accommodate recreational vehicles owned by residents. Within these areas, recreational vehicle parking spaces of twelve feet by thirty feet (12' × 30') shall be provided at a ratio of one (1) space per ten (10) dwelling units. Such area shall be lighted, appropriately screened by landscaping or decorative fencing, and constructed with an all-weather surface.

(p)

Multi-family developments shall have facilities for the collection of recyclable materials constructed within each building and the development shall be arranged such that conveniently located community recyclables collection points are available within the development.

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

(a)

In conjunction with agricultural uses.

(1)

Such use may be authorized as an accessory use on a bona fide "working farm" located in any zoning district. For the purpose of this section, the term "working farm" shall be defined as an operation where the principal use is the production of agricultural products or the raising or keeping of animals or poultry or the growing of fruits or crops. The minimum area of any such "working farm" shall be ten (10) acres.

(2)

Such manufactured home shall be in addition to, and not a substitute for, the principal single-family detached dwelling located on the property. No such manufactured home shall be located on a farm where an inhabitable single-family dwelling does not exist.

(3)

Any manufactured home used pursuant to the terms of this section shall be served by a sewage disposal and water supply system, approved by the zoning administrator in consultation with the health department and the director of Public Works.

(4)

At least one occupant of the manufactured home shall be employed as a full-time worker on the farm, provided, however, that the owner of the farm shall not occupy the manufactured home.

(5)

All such manufactured homes shall be certified as meeting federal safety and construction requirements as promulgated by the U. S. Department of Housing and Urban Development.

(b)

Manufactured homes not in conjunction with agricultural uses.

(1)

All such units shall be certified as meeting federal safety and construction standards promulgated by the U. S. Department of Housing and Urban Development.

(2)

All such units shall be served by an all-weather driveway passable by emergency vehicles at all times.

(3)

The unit shall be placed on a permanent foundation which is fully skirted.

(4)

Landscaping shall be provided in accordance with a landscape plan to be submitted to and approved by the zoning administrator. All plant materials shall be installed by the end of the first available growing season following placement of the unit.

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

(a)

The minimum size of any parcel considered for development of a manufactured home park shall be ten (10) acres.

(b)

The suitability of a proposed location for a manufactured home park shall be determined by the board on a case-by-case basis with consideration given to guidance provided by the comprehensive plan, compatibility with existing and potential development in the immediate vicinity, the physical capabilities of the site to accommodate the proposed development, and such other factors as the board may deem pertinent.

(c)

Manufactured home parks shall be designed and developed in a manner compatible with and complementary to existing and potential development in the immediate vicinity. To these ends, site design on the perimeter of the proposed development shall give consideration to protection of the property from adverse surrounding influences, as well as protection of surrounding areas from potentially adverse influences from within the proposed development. In addition, a proposed manufactured home park shall be designed to relate harmoniously to the topography of the site, make suitable provisions for preservation and protection of water courses, wooded areas and other significant natural features and areas, and shall otherwise be so designed as to integrate such natural features and amenities into the overall project design.

(d)

Manufactured home parks shall be designed in order to promote a visually attractive and pleasant living environment. Suggested design features include variation in street patterns, use of cul-de-sacs and curvilinear streets, variations in block shapes and sizes; clustering of manufactured home spaces, and variations in the placement of manufactured homes on the individual spaces.

(e)

A minimum fifty foot (50') perimeter open space buffer area shall be provided and maintained along the property lines of the park. Such area shall be landscaped in accordance with the requirements for transitional buffers contained in article II, division 4 of this chapter and shall not be used for storage, services, parking, or placement of accessory structures.

(f)

The minimum area of individual manufactured home spaces in the manufactured home park shall be four thousand six hundred (4,600) square feet for single-wide units and six thousand (6,000) square feet for double-wide units. The overall density of the proposed manufactured home park shall be consistent with the density guidelines established in the comprehensive plan.

(g)

In lieu of specific minimum width and depth requirements, manufactured home spaces shall be designed and arranged so as to ensure that the anticipated types and dimensions of manufactured homes may be accommodated on the space in accordance with the following performance standards:

(1)

The minimum setback for manufactured homes, additions thereto, or accessory structures from any internal street rights-of-way or common parking areas shall be twenty-five feet (25').

(2)

The minimum setback of manufactured homes or additions thereto from any side or rear boundary line of the manufactured home space shall be ten feet (10').

(3)

The minimum spacing between adjacent manufactured homes or habitable additions thereto shall be twenty feet (20').

(4)

The minimum setback for detached accessory structures shall be five feet (5') from any side or rear boundary line of the manufactured home space and ten feet (10') from the manufactured home or addition thereto.

(h)

The manufactured home park shall provide common recreation space at a minimum ratio of four hundred (400) square feet for each manufactured home space. Such recreation and open space shall be comprised of both active and passive recreational areas and facilities, such as playgrounds, swimming pools, community buildings, separate paths for pedestrians and cyclists, and similar facilities. A primary pedestrian and bicycle system must be provided and shall be part of an overall system providing access between principal park features and recreational areas and to the external street, pedestrian, and bike network. To be counted toward fulfillment of the common recreation and open space area requirement, any space must have a minimum dimension of twenty-five feet (25'), provided, however, that the required pedestrian and bike system may be as narrow as ten feet (10') in width. The width and construction details of the pedestrian and bicycle network shall be shown on the site plan.

The area of required perimeter buffer areas, streets, common parking areas, or park management and service areas shall not be counted toward fulfillment of the common recreation space area requirement nor shall it be used for such purposes.

(i)

Parking shall be provided in accordance with article VI of this chapter. Off street parking spaces may be located on the individual manufactured home space or in a common parking court located within one hundred feet (100') of the units to be served. Common parking areas shall be designed and constructed in accordance with all applicable requirements of article VI of this chapter. Not more than two (2) off-street parking spaces shall be provided on any individual manufactured home space and a minimum of four hundred (400) square feet of green area having a minimum dimension of ten feet (10') in any direction shall be provided between such parking spaces and the manufactured home. Parking spaces, whether in common areas or on manufactured home spaces shall be paved.

(j)

Each manufactured home space shall abut and have direct access to an interior street or drive or to a common parking area. No manufactured home space shall be designed for direct access to a street outside the boundaries of the manufactured home park. The interior circulation system shall be designed to provide convenient and safe vehicular access to individual lots and, to the extent possible, individual manufactured home spaces should be arranged so as not to have direct access to the park's primary entrance drive(s).

(k)

Interior streets shall be paved with a masonry, concrete, or asphalt surface and shall be designed and arranged in a logical and efficient hierarchy based on function. There shall be at least two (2) points of connection with a public street for up to forty-eight (48) manufactured home spaces. For each additional increment of twenty-four (24) manufactured home spaces, an additional connection to a public street or an authorized private collector street shall be required.

Pavements shall be of adequate widths and cross section to accommodate the contemplated parking and traffic load and shall be designed in consideration of the maneuvering needs emergency vehicles. Pavement sections shall conform to the design categories of the Virginia Department of Transportation and the subdivision ordinance based on anticipated traffic volumes.

Parallel on-street parking shall necessitate an additional eight feet (8') of pavement width for each side of the street on which such parking is to be permitted.

Street rights-of-way shall be sufficiently wide to accommodate necessary drainage improvements, utilities, and pedestrian ways.

(l)

All areas of the manufactured home park or individual manufactured home spaces not occupied by structural improvements shall be appropriately landscaped. Such landscaping shall include at least two (2) trees on each manufactured home space supplemented with low growing shrubs and complete grassing of such space and, further, at least one (1) additional tree shall be provided in the park for each two (2) manufactured home spaces, not counting trees in the perimeter buffer area. Standards and criteria established for landscaping in article II, division 4 of this chapter shall be observed.

(m)

All manufactured home parks shall be served by both public water and public sewer. Each manufactured home space shall be provided with individual water and sewer connections providing service to the public systems. Fire hydrants shall be located at intervals of not more than six hundred feet (600') throughout the manufactured home park.

(n)

The corners of each manufactured home site shall be clearly defined by permanent ground markers corresponding to the layout and design indicated on the approved site plan. The division of land into individual lots for transfer of title shall not be permitted in manufactured home parks.

(o)

Only those manufactured homes constructed in accordance with the "Manufactured Home Construction and Safety Standards" promulgated by the U. S. Department of Housing and Urban Development, and bearing the appropriate seals and labels to certify compliance with such regulations, may be located in any manufactured home park subject to these regulations. Only single-story manufactured homes shall be permitted in manufactured home parks.

(p)

Manufactured homes shall be located on the space and anchored in accordance with the provisions of the Virginia Uniform Statewide Building Code. All plumbing, electrical, mechanical and similar exterior attachments or additions to the manufactured home or the individual manufactured home space shall be constructed in compliance with the provisions of the Virginia Statewide Building Code.

(q)

Permanent masonry walls or prefabricated metal or vinyl skirting, designed, constructed and maintained so as to completely conceal the undercarriage of the unit and fixtures thereto, shall be installed in accordance with the Virginia Uniform Statewide Building Code around the entire perimeter of all units.

(r)

One or more common storage and parking areas shall be provided to accommodate recreational vehicles owned by park residents. Within such area(s), recreational vehicle parking spaces of twelve by thirty feet (12' × 30') shall be provided at a ratio of one space per ten (10) manufactured home spaces. Such area(s) shall be separated from the living areas of the park and shall be lighted, appropriately screened with landscaping supplemented by decorative fencing and constructed with an all-weather surface.

(s)

Solid waste disposal shall be provided through centralized dumpsters, including facilities for the collection of recyclables, which are conveniently located to serve groups of manufactured homes.

(t)

If centralized or grouped mailboxes are to be used in the park in lieu of individual mailboxes at each manufactured home space, the design of the mailbox structure and grouping shall be submitted to the zoning administrator for review and approval.

(u)

Outdoor lighting shall be provided at appropriate locations in order to adequately illuminate group and recreational parking areas and pedestrian and bicycle and vehicular circulation routes. Such lighting fixtures shall be designed and arranged to be compatible with both natural and architectural characteristics.

(v)

The developer of a manufactured home park shall be responsible for the proper maintenance of all portions of the park including streets, common parking areas, and recreation areas, open space and buffers. Applications for authorization of a manufactured home park shall be accompanied by a copy of the proposed park rules and regulations and plans and procedures for maintenance of all common areas.

(w)

Where an existing or planned transit route is located in proximity (1,000'±) to the manufactured home park, provision shall be made for a transit stop at a convenient point where the development abuts a public street.

(a)

Not more than one (1) accessory apartment may be permitted in conjunction with a single-family detached dwelling.

(b)

Accessory apartments, whether attached to the principal structure (the single-family dwelling unit) or in a detached accessory structure shall be subject to the following requirements and procedures:

1.

Accessory apartments not exceeding 1,000 square feet or 35% of the floor area of the principal structure, whichever is less, shall be permitted as a matter of right in the RC, RR, R33, R20 and R13 zoning districts.

2.

Notwithstanding the above limitations, and upon authorization by special use permit, the maximum size of an accessory apartment may be increased to 49% of the floor area of the principal structure, but in no case shall it be greater than 1,000 square feet.

3.

In no event shall the lot coverage (i.e., footprint) of a detached accessory apartment structure exceed 75% of the lot coverage of the principal structure.

(c)

Access to an accessory apartment, whether in the principal structure or in a detached accessory structure, shall be designed so that the premises continues to have the appearance from the principal street frontage of one single family detached dwelling unit and its customary accessory structures. No new entrance to accommodate an accessory apartment shall be installed on the front façade (facing the street) of an existing or proposed principal structure. The applicant shall be responsible for submitting sketches and/or plans to demonstrate compliance with this condition.

(d)

For the purposes of determining allowable floor area for an accessory apartment, all "habitable space," as defined and determined under the terms of the Building Code, shall be included in the calculation and shall be considered a part of the apartment. Space which does not meet the "habitable" criteria shall not be counted in floor area calculations for the accessory apartment.

(e)

The maximum number of bedrooms in an accessory apartment shall be one (1).

(f)

Adequate provisions shall be made for off-street parking of motor vehicles in such a fashion as to be compatible with the character of the single-family residence and adjacent properties.

(g)

Approval of accessory apartments shall be contingent upon prior certification by the health department that any on-site water supply and sewage treatment facilities are adequate to serve the total number of bedrooms proposed on the property (principal and accessory).

(h)

The accessory apartment shall be occupied only by family members (related by blood, marriage, or adoption) or guests of the occupant of the single-family dwelling or by a bona fide medical/health caretaker or domestic employee of the occupant of the single family dwelling. The apartment shall not be offered to the general public for rental or other occupancy arrangements.

(i)

All utilities serving the accessory apartment (e.g., electric, water, sewer, gas) shall be registered to the occupant of the principal residence. Registration/billing of utility accounts to different parties (e.g. the occupant of the principal residence and the occupant of the accessory apartment) shall be prohibited, even if separate meters for the principal residence and accessory apartment are used.

(j)

Prior to issuance of a Building Permit for the accessory apartment the property owner shall prepare and record with the Clerk of the Circuit Court, at his expense, a deed restriction on the property stipulating that the accessory apartment will be used, occupied and maintained in accordance with the above-noted restrictions and such others as may be prescribed by the York County Board of Supervisors in approving the special use permit. A copy of any resolution authorizing the accessory apartment shall be attached to the deed restriction as an exhibit. Such restrictions shall not be voided, in whole or in part, unless specifically authorized by the County Administrator in recognition of some subsequent change in the zoning restrictions applicable to accessory apartments or upon removal of the accessory apartment through demolition or alterations to the structure.

(Ord. No. 03-8(R), 3-4-03; Ord. No. 06-20(R), 8-15-06; Ord. No. 08-17(R), 3-17-09; Ord. No. 10-24, 12-21-10; Ord. No. 14-12, 6-17-14; Ord. No. 14-14(R), 9-16-14)

The following standards shall apply to facilities proposed to house a group of unrelated individuals who do not qualify as a "family" as defined in this chapter:

(a)

The maximum number of persons accommodated in any group home or transitional home shall not exceed twelve (12) exclusive of resident staff, provided however, that the board may specify a greater or lesser number in consideration of the density and character of the surrounding area and the characteristics of the site itself.

(b)

The external appearance and arrangement of such facility shall be of a form and character which is compatible with the appearance and arrangement of other residential uses in the general area.

(c)

All off-street parking and loading in excess of that required of single-family detached dwellings shall be located not less than twenty-five feet (25') from any residential property line and shall be effectively screened from view from adjacent residential properties by a Transitional Buffer Type 25.

(d)

Such facility shall comply at all times with all applicable licensing requirements of the appropriate state regulatory agencies.

(e)

Such facility shall be under 24-hour/day care and supervision of a professional staff person (or persons), one or more of whom may also reside in the facility. The required professional qualifications of the supervisory staff shall be submitted for review as part of the zoning authorization process.

(f)

The facility may include and offer on-site counseling, education and training services for residents. However, such services may not be offered at the premises to non-residents.

(g)

The minimum lot size for such facility shall be based on the number of residents (exclusive of staff) proposed to be housed in the facility, as set forth below:

(h)

As part of the application for Special Use Permit approval, the applicant shall submit a detailed description of the types of clients proposed to be served by the facility, a statement outlining proposed admission requirements and procedures, a description of the proposed facility staffing, a description of programs and services to be available to the residents of the facility (e.g., counseling, training, transportation, etc.), an identification of the licensing agency(s) for the proposed facility, and a statement from the applicable licensing agency that the proposed facility would be eligible for such a license if use permit authorization is given by the County.

(Ord No. 03-2, 1-21-03; Ord. No. 14-21, 11-18-14)

(a)

When located in single-family residential zoning districts, boarding houses and short-term rental homes (tourist homes and bed and breakfast establishments) shall have the appearance of a single-family detached residence and normal residential accessory structures.

(b)

Signage for properties occupied by short-term rental homes shall be permitted in accordance with section 24.1-703(b)(2).

(c)

Any parking demand generated by the conduct of such use shall be accommodated off the street in a suitably located and surfaced space.

(d)

When a bed and breakfast establishment is located in a residential zoning district, the owner of the property shall live on the premises or in an adjacent premises and shall be the operator/provider of the bed and breakfast accommodations and services.

(e)

The owner/proprietor of a tourist home shall reside either in the home or in an adjacent premises or shall designate a responsible party, who may be the applicant, and who shall be available to promptly respond to and resolve problems or complaints that arise while rentals are taking place. The owner shall be responsible for providing the Sheriff's Office with the responsible party's contact information, including name, address, phone number, and email address.

(f)

The owner/proprietor of a short-term rental home shall be responsible for obtaining all applicable permits and/or approvals required in accordance with regulations of the Virginia Uniform Statewide Building Code and the Department of Fire and Life Safety prior to use of a structure as a short-term rental home.

(g)

The board shall specify the maximum number of persons who may be accommodated in the proposed use. Such determination shall be based on a consideration of the density and character of the vicinity in which located and of the size and characteristics of the proposed site.

(h)

The following emergency/life safety requirements shall apply to the operation of a short-term rental home:

(1)

An Emergency Action Plan identifying exit routes, fire extinguisher locations, and other life safety procedures shall be submitted to and approved by the Fire Marshal and posted conspicuously for guests' review.

(2)

One or more fire extinguishers with a minimum rating of 2A10BC shall be installed. The location(s) shall be determined by the fire code official.

(3)

The establishment shall be maintained in accordance with the State and Local Fire Prevention Code and the Virginia Residential Code and shall have a fire inspection conducted by the Department of Fire and Life Safety prior to the commencement of the short-term rental home and annually thereafter.

(4)

All smoke detectors shall be interconnected and installed in accordance with the 2012 Virginia Residential Code, Section R314, or as it may from time to time be amended.

(i)

The owner/proprietor shall obtain a York County business license, establish a County transient occupancy tax account, and file with the Virginia Department of Taxation for a Virginia State Sales Tax account.

(j)

In addition to the submittal requirements set forth in section 24.1-115(a) of this chapter, any special use permit application for a short-term rental home shall be accompanied by the following items which, in addition to the standards set forth in section 24.1-115(b)(3) of this chapter, shall be considered by the planning commission and board of supervisors in their evaluation of the appropriateness of the proposed short-term rental home:

(1)

A detailed narrative description of the project specifying the proposed operating procedures; provisions for monitoring of guests' behavior; the maximum number of occupants (both children and adults); the minimum and maximum length of stay, if any; the number of bedrooms to be rented; and provisions for accommodating off-street parking. The narrative description shall also specify if individual rooms within the house will be rented or if the property will be offered as a whole house rental.

(2)

A floor plan of the structure clearly delineating all of the rooms in the house and specifically identifying those rooms and areas that will be available to renters.

(k)

In evaluating any special use permit application for a short-term rental home, the commission and board shall consider the adequacy and capacity of the adjacent roadway network, including pavement widths, traffic volumes, and street ownership and maintenance arrangements as applicable, to accommodate the proposed use without adversely affecting neighboring properties.

(l)

The owner/proprietor of an authorized and operating bed & breakfast (B&B) establishment or tourist home may apply for a supplementary Special Use Permit authorization to host private weddings and receptions for a fee as a business venture. In order to be eligible to apply for such supplementary Special Use Permit, the B&B or tourist home shall have been in continuous operation for at least one (1) year prior to the date of the submission of the application. The following performance standards and conditions shall be observed unless specifically modified or waived by the Board of Supervisors at the time of approval:

(1)

Frequency of events: No more than one (1) event per day, or two (2) events in any 7-day period, shall be allowed. A wedding ceremony and its associated reception shall be considered to be a single event.

(2)

Maximum number of guests: The maximum number of guests shall be established as a condition of the Special Use Permit approval and shall be based on an assessment of the capacity and suitability of the site in consideration of the size of the property and facilities, the amount of parking available to accommodate guests, the capacity and condition of the highway network providing access to the site, the surrounding land uses and their proximity, and such other considerations as the Board of Supervisors deems to be relevant to prevent adverse effects upon neighboring properties.

(3)

Facilities: Any building or temporary tents used to accommodate ceremonies or receptions shall comply with all applicable Building and Fire Code requirements including, but not limited to: access; materials and fire ratings; emergency lighting; exit lights; fire detection and suppression; etc. Any tent(s) shall be positioned on the property in accordance with all applicable setback requirements for principal structures or such greater setbacks as may be established as a condition of the Special Use Permit approval. Tents shall be dismantled within 48 hours of the conclusion of each event, unless the Special Use Permit shall allow a greater time.

(4)

Duration of event: Events shall be limited to the time period between 10:00 am and 10:00 pm. Set-up and take-down activities may take place no earlier than 8:00 am and no later than 11:00 pm.

(5)

Lighting: Exterior lighting shall be limited to fixtures and illumination intensities that will not produce illumination intensities exceeding 0.1 footcandles at any property line.

(6)

Noise: The activities on the subject property shall be conducted in complete accordance with all requirements of the York County Noise Ordinance set forth in Section 16-19 of the York County Code.

(7)

Parking: Except as specified below and as documented in the Special Use Permit approval, all parking demand associated with the event shall be accommodated on the site on a suitable all-weather surface. The minimum number of spaces shall be calculated at a ratio of one (1) parking space per every two (2) persons based on the maximum allowable occupancy/attendance limit plus one (1) space for every regular or contract employee associated with the reception facility.

The Special Use Permit may allow:

a.

The use of an abutting property owned or controlled by the applicant and from which event attendees can walk without obstruction to reach the reception site. For the purposes of this section, the term abutting shall be construed to include property located on the opposite side of a street right-of-way, provided that event attendees will be able to cross perpendicularly and safely and will not be required to walk along a road or road shoulder;

b.

The use of any available and conveniently located public parking spaces from which attendees can walk safely.

Any parking areas constructed or established specifically for support of the reception use shall be located a minimum of 25 feet from any abutting property not owned by the proprietor, unless with the consent of the owner of the abutting property, and shall be screened from view from those abutting properties and public rights-of-way by evergreen landscaping, unless the abutting property owner consents to waiver of the screening requirement. All applicable stormwater management standards and requirements associated with the installation of the required parking spaces shall be observed.

(8)

Fire and Emergency Vehicle Access: Driveway access to the site shall comply with all requirements as to weight capacity, base and surface material, width, configuration and alignment, and vertical and horizontal clearance as set forth in Section 24.1-261. Existing driveways shall be upgraded to meet these standards if they are deficient in any aspect.

(9)

Sanitation: Restrooms or toilet facilities shall be provided for event attendees based on the ratios/requirements set forth in the Virginia Uniform Statewide Building Code. Reception venues that would be dependent on the dwelling's on-site septic system will not be approved unless the applicant provides written authorization from the Health Department as to the adequacy of the system. In the event portable restroom or toilet facilities are proposed to be used, all shall be screened from view from adjacent public rights-of-way and abutting properties and all shall be serviced or removed within two working days of the conclusion of the event.

(10)

Caterers/Vendors: The proprietor shall ensure that any caterers or other vendors providing services for a reception are properly licensed and permitted, whether such caterer/vendor is hired by the proprietor or by the client contracting for the use of the facility. Likewise, the proprietor shall ensure that all applicable ABC permits have been obtained, either by the client or by the proprietor, and are kept valid.

(Ord. No. 13-12, 7-16-13; Ord. No. 19-1(R), 3-19-19; Ord. No. 20-5, 3-17-20)

(a)

Notwithstanding the specific minimum lot size and minimum yard requirements specified for a given zoning district, the condominium form of ownership may be permitted under the Condominium Act of Virginia, as set forth in sections 55-79.39 et seq., Code of Virginia, subject to the following provisions:

(1)

All applicable minimum lot size, maximum density and minimum yard requirements of the zoning district in which located shall be met by all structures in the condominium development as if lot lines existed.

(2)

The location of any community structure, such as a clubhouse or swimming pool, shall be governed by the minimum yard requirements for such structures in the zoning district in which located.

(3)

Accessory uses and structures shall be permitted in accordance with the provisions established in article II.

(b)

The board may authorize by special use permit proposed condominium conversions which do not conform to the zoning, land use and site plan regulations of the county, provided that the applicant can demonstrate to the reasonable satisfaction of the board that said nonconformities are not likely to be adversely affected by the proposed conversion.

(a)

All dwelling units shall be served by public water and public sewer.

(b)

The Board of Supervisors shall establish the maximum allowable density for senior housing development projects on a case-by-case basis after consideration of the documentation accompanying the Special Use Permit application, the type of facility and the unit style, the availability of necessary public services and facilities, the compatibility with surrounding land uses (both existing and potential), and such other factors as the Board may deem appropriate. In any event, the maximum allowable number of independent living and/or congregate care units in any senior housing development shall not exceed twenty (20) per acre, calculated using net developable acreage as determined in accordance with section 24.1-203. Senior housing developments may include up to five (5) guest suites for use on a temporary basis by families or guests of the permanent residents. Such suites shall not be used for permanent residential occupancy and, as such, will not count toward the maximum allowable density for the development. If fees are charged for use of such suites, all applicable transient occupancy taxes shall be assessed and collected.

(c)

The development project shall be designed to promote harmonious relationships with surrounding properties through attention to the type, orientation, spacing and setback of buildings, preservation and maintenance of natural vegetation, location of recreation areas, open spaces, parking areas, grading, landscaping, screening and buffering. Compliance with this requirement shall be demonstrated, documented, and evaluated through the submission of conceptual plans and renderings to accompany the Special Use Permit application.

(d)

Senior housing structures shall be designed and arranged as follows:

1.

The maximum height of multi-unit structures shall be 45 feet, notwithstanding the height limitations of the district in which located, provided, however, that the Board of Supervisors may establish a lower maximum height based on the character of the surrounding area or on emergency service considerations. The maximum height of individual detached dwelling units shall be thirty-five (35) feet.

2.

Congregate Care and Assisted Living facilities shall be accommodated in buildings having enclosed or covered corridors leading to all dwelling units and public/common use spaces.

3.

Congregate Care and Assisted Living Facilities shall be accommodated in buildings having access through a main entrance which shall be monitored at all times.

4.

The development shall incorporate spaces for recreational, community, and educational activities by and for the benefit of its residents. At a minimum, each senior housing development shall include a common meeting/activity room including a serving kitchen, a lounge/library, and other such spaces as appropriate, for example, areas for exercise, laundry, beauty parlor, and chapel. Such facilities shall be primarily intended for the use and enjoyment of the residents of the development and their guests as opposed to the general public (non-residents). The size of the common meeting/activity room shall be proportionate to the number of units in the facility and the applicant shall include information concerning its adequacy with the Special Use Permit application. In no event shall the size of the meeting/activity room be less than 1,000 square feet.

(e)

The development shall be surrounded by a perimeter buffer area of at least fifty feet (50') in width which shall be landscaped, in accordance with the provisions of article II, division 4 of this chapter, to meet the Type 50 Transitional Buffer standards.

(f)

Front, side and rear yards shall be provided around each building in the development in a manner that provides a minimum of twenty-five feet (25') of open landscaped space surrounding each building. Walkways may be located within the 25-foot landscaped area. No two buildings within the project shall be located closer to one another than thirty feet (30').

(g)

Exterior landscaped areas shall be provided for both active and passive activities. They should be designed to be suitable for seniors and could include walking trails, victory gardens, gazebos, and benches. A minimum of 200 square feet of common active/passive outdoor recreation area per dwelling unit shall be provided.

(h)

Fire hydrants shall be installed within the project at locations such that no building or portion thereof within the development shall be further than six hundred feet (600') from a hydrant. As part of the application for Special Use Permit, the applicant shall submit a detailed description of the proposed features of the project and building design, as well as operational procedures, that will ensure and facilitate the safety of the residents in the event of fire or other emergencies. In the case of senior housing structures not otherwise required to be constructed in accordance with the Institutional classification of the Building Code, the Department of Fire and Life Safety and the Building Official may recommend, and the Board of Supervisors may approve, a use permit condition requiring conformance to one or more aspects of the Institutional classification code pertaining to reduced combustibility of structural components, fire and smoke limiting features, as well as fire detection and suppression systems.

(i)

The following design standards shall apply to private streets and circulation drives within the development:

1.

Pavement shall be designed and constructed in accordance with the Virginia Department of Transportation standards for streets having the same traffic volumes as the proposed private streets and drive.

2.

All streets, drives, and parking areas shall be constructed with curb and gutter designed in accordance with Virginia Department of Transportation specifications.

3.

Street widths shall be based on the anticipated traffic volumes of the street and shall be determined in accordance with the standards contained in the county subdivision ordinance, unless otherwise approved by the Board.

(j)

Stormwater runoff from streets and parking areas within the project shall be conveyed by a storm sewer system which shall consist of curbs and gutters at the edges of pavement, curb drop inlets, and storm sewer piping in accordance with Virginia Department of Transportation and County specifications.

(k)

Off street parking shall be provided in accordance with the ratios specified in Section 24.1-608 of this Chapter unless otherwise approved by the Board of Supervisors in conjunction with consideration of the Special Use Permit application based on a site-specific and project-specific analysis provided by the applicant. In the case of a Continuing Care Retirement Community, parking shall be calculated based on the sum of the ratios applicable to the individual components (e.g., independent living units, congregate care units, etc.)

(l)

Outdoor lighting shall be provided at appropriate locations in order to illuminate adequately vehicle parking areas and pedestrian and vehicular circulation routes. Such lighting fixtures and illumination levels shall be designed and arranged to be compatible with both natural and architectural characteristics of the development and the surrounding area and shall comply in all respects with the standards set out in Section 24.1-260(f) of this chapter.

(m)

Where the project will involve offering board, lodging and nursing services under an agreement for the life of the individual or for more than one year, or where such services are offered in consideration of the payment of an entrance fee, all applicable provisions and requirements of Chapter 49, Continuing Care Provider Registration and Disclosure, of the Code of Virginia (1950) shall be observed.

(n)

Applications for Special Permits for senior housing projects shall be accompanied by a community impact statement which shall analyze in specific terms the probable impact of the project on the community over time. The assessment shall include, but not be limited to, reports on population projections, public services and facilities demands and impacts, and environmental, fiscal and economic impacts.

(o)

In the case of proposals involving the adaptive re-use of a structure and property formerly used as a hotel or motel, the applicant may propose, and the Board may approve, adjustments in the normally applicable site design requirements such as, but not necessarily limited to, building setbacks, landscape areas, and buffers when such adjustments will allow existing site features and elements to remain and to be incorporated into the new development in an appropriate and acceptable manner, as determined by the Board.

(Ord. No. 03-25, 6-17-03; Ord. No. 05-13(R), 5-17-05; Ord. No. 11-15(R), 11-16-11; Ord. No. 15-16, 12-15-15)