The territory of the County shall be divided into the classes of zoning districts set forth in this article with the boundaries of the districts being as established on the map or maps entitled "Zoning Map of York County" which are incorporated by reference as a part of this ordinance. The tables presented in this Division identify the uses authorized in each zoning district with the exception of the planned development and overlay districts. Reference should be made to the individual planned development district and overlay district regulations for a listing of the types of uses permitted therein and restrictions on certain uses.
The sections which follow present requirements and guidelines for interpretation of the district regulations established by this chapter.
[Ord. No. 14-12, 6-17-2014; Ord. No. 14-20(R), 10-21-2014]
Coding system. The uses permitted in each zoning district created by this chapter are indicated in the table in § 24.1-306 according to the coding system set forth below:
Categorization system. Uses listed in the table in § 24.1-306 are organized according to the categories set forth below:
Meaning of Terms. The terms in this article have specific and limited meanings.
The term "permitted use" represents only those uses which are allowed in a district without a special permit. Permitted uses are designated by the letter "P" in the Table of Land Uses established in § 24.1-306. In the event of conflict between the table and the text of this chapter, the text shall control.
The terms "special use" and "specially permitted use" are synonymous and refer to those uses which are permitted only by special use permit authorized by the board in accordance with applicable standards and the review and approval procedures established in Article I. Such uses are designated by the letter "S" in the table of land uses established in § 24.1-306. In the event of conflict between the table and the text of this chapter, the text shall control.
The term "administrative permit" shall refer only to those uses specifically denoted with the letter "A" in the table of land uses established in § 24.1-306 for which an administratively issued permit is required prior to commencing the use. Administrative permits are issued by the zoning administrator in accordance with the performance standards and requirements established for the specific use in Article IV of this chapter.
Districts. The following zoning districts are established:
[Ord. No. 01-20(R), 10-16-2001; Ord. No. 11-15(R), 11-16-2011]
It is the intent of this chapter to group similar or compatible land uses into specific zoning districts, either as permitted uses or as uses authorized by special permit. In the event a particular use is not listed in this chapter as a permitted use, a specially permitted use, or an administratively permitted use, and such use is not listed in § 24.1-307 as a prohibited use and is not prohibited by law, then such use shall not be permitted unless the zoning administrator shall determine whether a materially similar use exists in this chapter. Should the zoning administrator determine that a materially similar use does exist, the regulations governing that use shall apply to the particular use not listed and the administrator's decision shall be recorded in writing. Should the zoning administrator determine that a materially similar use does not exist, the matter shall be referred to the planning commission for consideration of the initiation of an application for amendment of the chapter to establish a specific listing for the use in question.
Minimum lot area and minimum lot width requirements are for conventional subdivision lots; for open space subdivision lots, refer to § 24.1-402.
Where no minimum district size is specified, the minimum lot area and lot width requirements shall define the minimum district size.
Where a minimum district size is specified for a particular zoning classification, additional lands, which standing alone do not meet the minimum district size requirements, may be rezoned to such classification if such lands are contiguous to the zoned district, if the rezoning would be consistent with the adopted comprehensive plan, and provided that with the addition of such land the total contiguous area in the given classification will equal or exceed the required minimum district size.
Unless otherwise specified in this chapter, all uses permitted by right or by special use permit shall be subject to the minimum lot size requirements specified for a given district.
In the event of conflict between the tables of district and lot size requirements and the text of this chapter, the text shall control.
Minimum setback and yard requirements shall be as set forth for each particular zoning district, except as may be specifically qualified by other provisions of this chapter.
Maximum building height shall be as set forth for each particular zoning district except as may be specifically qualified by other provisions of this chapter. Maximum building height shall be determined in accordance with the definition of 'Building height' set forth in § 24.1-104.
In the event of conflict between the Tables of Lot and Building Dimensional Requirements and the text of this chapter, the text shall control.
Additional provisions which may be directly applicable to the types of development permitted in the zoning districts are contained in other sections of this chapter and may qualify or supplement the regulations presented within each district. Furthermore, other provisions of the code, including without limitation, the erosion and sediment control ordinance, stormwater management ordinance and subdivision ordinance may affect the use and development of land.
Performance standards for most uses are contained in Article IV of this chapter. These are minimum standards which must be achieved for the establishment of the use to which they pertain whether the use is permitted as a matter of right or only by a special or administrative permit. Additional performance standards may be imposed during the issuance of special use permits in accordance with the applicable provisions of this chapter.
[Ord. No. 05-13(R), 5-17-2005; Ord. No. 08-17(R), 3-17-2009]
The following uses shall be prohibited in the County:
Nuclear materials manufacturing;
Nuclear waste processing or disposal;
Biohazard waste processing or disposal; and
Manufacture, transformation, or distribution of biologically accumulative poisons or other poisons that are or ever were registered in accordance with the provisions of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. § 135 et seq.).
ATV (All Terrain Vehicle) tracks, cross-country circuits or other facilities de-signed or used for operation of such vehicles by other than the property owner/occupant as an activity accessory to their residential use of a property.
Placement of trailers or containerized cargo units on any property for storage or other uses, except as specifically authorized by the terms of this chapter.