County of York, VA
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Ord. No. 08-17(R), 3-17-2009]
In the case of corner lots, all yards abutting a street shall be considered front yards and a minimum building setback of 30 feet 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:
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 150 feet. (See Figure II-3 in Appendix A)
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)
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 § 20.5-70(f) of the subdivision ordinance. A minimum building setback of 30 feet from a public street right-of-way shall be maintained, regardless of yard, unless a larger setback is otherwise required.
[Ord. No. 05-13(R), 5-17-2005]
Where 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 20 feet, 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 § 24.1-223. In the case of side or rear yards, no side yard shall be less than 10 feet nor shall a rear yard be less than 20 feet. 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 600 feet 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.
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 1/2 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.
[Ord. No. 05-22(R), 8-16-2005]
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 twenty-foot front landscaped yard required by § 24.1-244 may be reduced to five feet, provided that the Virginia Department of Transportation will allow the landscape planting requirements specified by § 24.1-242 to be met by plantings which shall be installed by the property owner within that five-foot area and the 15 feet of right of way closest to the front property line, and the ten-foot setback for signs required by § 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 ten-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.
In the case of development proposals where two or more principal structures are permitted to be located on a single lot, such structures shall be located at least 20 feet from one another.
[Ord. No. 08-17(R), 3-17-2009; Ord. No. 17-12, 9-19-2017]
The following special yard regulations shall apply to the development of property:
Awnings and bay windows which are not more than 10 feet wide may extend three feet into a required yard.
The ordinary projections of eaves, gutters, uncovered stoops, uncovered landings, chimneys and flues may extend into a required yard.
Mechanical or HVAC equipment may be located in a required rear yard, or in required front or side yards if screened from view from public streets and adjacent properties.
Retaining walls determined to be necessary by accepted engineering practice for earth or building stabilization shall be exempt from yard and setback requirements.
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.
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), 3-17-2009]
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 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:
Street Classification
Distance of Sight Point from Point of Intersection with Another Street or with a Site Entrance
Access Street
Minor Collector
Major Collector
Minor Arterial
Major Arterial
Signs, plantings, structures or other obstructions which obscure or impede sight lines between three feet and six feet in height above grade shall be prohibited within the sight triangle.
The sight triangle shall be clearly shown and its purposes noted on all plats and plans.