County of York, VA
 
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[Ord. No. 14-12, 6-17-2014; Ord. No. 17-12, 9-19-2017]
(a) 
Except as may be specifically authorized by other provisions of this chapter, only one 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 § 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. 08-17(R), 3-17-2009]
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. 05-13(R), 5-17-2005; Ord. No. 08-17(R), 3-17-2009]
(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 center line 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. O98-18, 10-7-1998; Ord. No. 05-34(R), 12-20-2005; Ord. No. 08-17(R), 3-17-2009; Ord. No. 09-22(R), 10-20-2009]
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 70% of the minimum required lot width or 50 feet, 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 50% of the minimum required lot width or 50 feet 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 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 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 30 feet and the edge of any driveway constructed within the "staff" shall be at least five feet 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 20 feet 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, 10-7-1998; Ord. No. 05-13(R), 5-17-2005; Ord. No. 05-34(R), 12-20-2005; Ord. No. 17-12, 9-19-2017]
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.
Land Area Type
Density
Lot Size
Platted
(a)
Existing public or private street or highway right-of-way
0%
0%
0%
(b)
Areas required for dedication to eliminate substandard rights-of-way
50%
0%
0%
(c)
Existing and proposed public or private utility easements greater than 20 feet in width
0%
0%
100%
(d)
Existing and proposed public or private utility easements 20 feet and less in width
100%
100%
100%
(e)
Existing and proposed easements providing public rights of access or which access community facilities
100%
50%
100%
(f)
Areas 4 feet and less above mean sea level as determined by NAVD 1988 datum (North American Vertical Datum)
0%
0%
100%
(g)
Areas of existing ponds, lakes, or other impounded water bodies measured to the mean high water level at the natural outfall or emergency spillway
0%
0%
100%(1)
(h)
New stormwater management ponds or basins required to be constructed to serve a development project
100%
0%
0%(2)
(i)
Area in excess of 0.1 acre of USEPA/Corps of Engineers jurisdictional non-tidal wetlands(3)
50%
0%
100%(1)
(j)
Naturally occurring (predevelopment) slopes:
(1)
Less than 20%
100%
100%
100%
(2)
20%, but less than 30%
75%
50%(4)
100%
(3)
30% or greater
50%
25%(4)
100%
Notes:
(1)
When platted, a conservation easement running to the benefit of the County or other entity deemed appropriate by the zoning administrator shall be provided.
(2)
This does not preclude on-site stormwater management entirely within the bounds of a single lot where no subdivision is proposed.
(3)
Jurisdiction is determined by the U.S. Army Corps of Engineers, not by York County. No reduction shall be required for upland areas which are required as mitigation areas under permits issued by the Corps of Engineers or Virginia Department of Environmental Quality. No reduction shall be required for jurisdictional areas within which filing is permitted by the Corps of Engineers or Department of Environmental Quality.
(4)
85% on lots two acres and larger.
[Ord. No. O98-18, 10-7-1998]
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
Available Public Utilities
Minimum Lot Area
Neither Public Water nor Sewer
2 acres(1) & (2) [1ha] (5 acres [2.25ha] in RC Districts)
Public Water Only
1.5 acres(1) [0.75ha] (5 acres [2.25ha] in RC Districts)
Public Sewer Only
1 acre(2) [0.5ha] (5 acres [2.25ha] in RC Districts)
Both Public Water and Public Sewer
As required by zoning district regulations
Notes:
(1)
Each lot created shall include an area determined to be suitable for both a primary and reserve on-site septic system installation, with documentation of health department approval for each proposed location.
(2)
Each lot created shall include a suitable location for a well as determined by the health department. Documentation must be provided.
[Ord. No. 14-12, 6-17-2014]
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 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 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 § 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 10% of the total number within the proposed subdivision as shown in the proposed preliminary subdivision plan.