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County of York, VA
 
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Table of Contents
Table of Contents
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.
[Ord. No. 01-20(R), 10-16-2001; Ord. No. 05-13(R), 5-17-2005; Ord. No. 08-17(R), 3-17-2009; Ord. No. 10-2, 3-16-2010; Ord. No. 10-24, 12-21-2010; Ord. No. 11-15(R), 11-16-2011; Ord. No. 13-11, 7-16-2013; Ord. No. 14-20(R), 10-21-2014; Ord. No. 17-8, 8-15-2017; Ord. No. 17-12, 9-19-2017; Ord. No. 19-1(R), 3-19-2019]
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 12 feet in diameter and 15 feet in height.
b. 
In residential districts, dish antennae larger than 24 inches in diameter shall be permitted in rear yards only. No part of a dish antenna shall be closer than five feet to any lot line. Dish antennae larger than 24 inches 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 § 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. Movable storage boxes, also known as portable on-demand storage units, may be placed temporarily on a residential property for loading or unloading. Such units shall not be placed in a front yard area, except on a driveway and at least 20 feet from the front property line. When placed in a side or rear yard, the boxes shall be located at least five feet from any property line. For the purposes of this section, temporary placement shall mean no more than 16 consecutive days at a time, and with at least one year between successive placements. Not more than one unit shall be placed on a residential property at a time and if multiple units are used for sequential loading or unloading, the sixteen-day limit shall apply to all cumulatively.
The above restrictions notwithstanding, 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, one or more movable storage boxes may be used for on-site storage purposes exceeding 16 days while the principal building is undergoing reconstruction/repair. The authorization for such use 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 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 twelve-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 canines or felines over the age of six months in such a structure or enclosure shall be deemed a private kennel and shall be permitted in accordance with § 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 § 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 50 feet 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 50 feet 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 § 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 one-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 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 twelve-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).
(hh) 
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 in height;
(2) 
Fences or walls located in side yards shall not exceed six feet in height;
(3) 
Fences or walls located in front yards shall not exceed four feet 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 § 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 feet in height, rather than the four-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 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 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 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 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 in any given calendar year per lot. The duration of any single sale shall not exceed three 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 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 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 days within a period of 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 $5 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 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 $5.
(n) 
Small wind energy systems subject to the standards set forth in §§ 24.1-231 and 24.1-274 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 § 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 § 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 resident occupant, who shall be the mentally or physically impaired person, shall be permitted; or, in the case of a married couple, two 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 § 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. O98-18, 10-7-1998; Ord. No. 01-20(R), 10-16-2001; Ord. No. 05-13(R), 5-17-2005; Ord. No. 08-17(R), 3-17-2009; Ord. No. 10-2, 3-16-2010; Ord. No. 11-15(R), 11-16-2011; Ord. No. 17-8, 8-15-2017]
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 in height;
(2) 
Fences or walls located in front yards shall not exceed six feet in height provided that corner visibility standards, as established in § 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 100 feet 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 12 feet in diameter and 15 feet in height.
(2) 
Dish antennae shall be permitted in rear yards and on roofs. No part of a dish antenna shall be closer than 10 feet 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 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 §§ 24.1-231 and 24.1-274 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 § 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 § 24.1-607, and that the site remains compliant with the requirements of § 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. 05-13(R), 5-17-2005; Ord. No. 08-17(R), 3-17-2009; Ord. No. 10-2, 3-16-2010; Ord. No. 10-24, 12-21-2010; Ord. No. 17-12, 9-19-2017]
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 facade provided, however, that where the setback of the principal building exceeds 50 feet, accessory buildings and structures shall be subject only to a fifty-foot 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 facade 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 facades 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 10 feet 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 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 10 feet 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 20 feet 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 20 feet of any public road right-of-way, unless in a driveway.
(g) 
Except as authorized by § 24.1-231, 24.1-272, or 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 20 feet and shall observe a minimum side and rear yard setback of 10 feet rather than the normally applicable five 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. 10-2, 3-16-2010]
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 § 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 § 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 10 feet.
(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 § 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 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 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 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. 17-8, 8-15-2017]
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 20 feet 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 § 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 § 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.