County of York, VA
 
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Table of Contents
Table of Contents
The purpose of the residential districts is to provide a full range of opportunity in accordance with the comprehensive plan, and specifically the housing element and land use element, for the orderly, healthful, convenient, and affordable distribution of housing throughout the County. A variety of densities and housing arrangements is provided based on the availability or expected availability of the public service infrastructure necessary to serve development. The lower density arrangements have been established in order to protect significant natural and environmentally sensitive lands from conversion to more intense land uses. These areas include woodlands, scenic areas, wetlands, watersheds, steep slopes, farmland, and other similarly sensitive areas. Their protection will help minimize environmental hazards such as flooding, erosion, siltation, and air and water pollution and serve to maintain the rural character and quality of the County.
[Ord. No. O97-17, 6-4-1997; Ord. No. 08-17(R), 3-17-2009]
(a) 
Statement of intent. The RC district is the least intense zoning classification and is intended primarily for those areas of the County designated for military or conservation uses in the comprehensive plan. This designation is also appropriate for lands designated for low density residential development which are not served by public utilities, are located within areas of particular environmental sensitivity as identified in the natural areas inventory, or have unusual development constraints caused by previous development or the presence of steep slopes, wetlands, or other environmental constraints.
(b) 
Dimensional standards. Each lot created or used shall be subject to the following dimensional standards:
RC-Resource Conservation District
Use Classification
Minimum Lot Requirements
Minimum Yard Requirements
Maximum Building Height(1)
Area
Width
Front
Side
Rear
Single-Family Detached Dwellings
5 ac
2 ha
300 feet
90m
50 feet
15m
50 feet
15m
50 feet
15m
35 feet
12m
All Other Permitted & Special Uses
5 ac
2 ha
300 feet
90m
50 feet
15m
50 feet
15m
50 feet
15m
35 feet
10.5m
(1) For dwelling units in excess of 35 feet in height, refer to § 24.1-233.
Minimum district size: none
NOTE:
Residential open space subdivision techniques may be used in this district
Performance standards and special use permit requirements or conditions may increase yard and lot requirements. See Article IV.
[Ord No. O97-17, 6-4-1997; Ord. No. 08-17(R), 3-17-2009]
(a) 
Statement of intent. The RR district is intended to provide opportunities primarily for single-family residential development generally having a maximum density of one dwelling unit per acre. Low density development is appropriate in areas where public services and facilities are limited and/or physical or environmental constraints are prevalent.
(b) 
Dimensional standards. Each lot created or used shall be subject to the following dimensional standards:
RR-Rural Residential District
Minimum Lot Requirements(1)
Minimum Yard Requirements
Maximum Building Height(2)
Use Classification
Area
Width
Front
Side
Rear
Single-Family Detached Dwellings
1 ac
4,000 m2
150 feet
45m
50 feet
15m
20 feet
6m
50 feet
15m
35 feet
12m
All Other Permitted & Special Uses
1 ac
4,000 m2
150 feet
45m
50 feet
15m
20 feet
6m
50 feet
15m
35 feet
10.5m
(1) These minimum lot requirements apply where both public water and public sewer are available. For lots not served by public water and public sewer, refer to § 24.1-204.
(2) For dwelling units in excess of 35 feet in height, refer to § 24.1-233.
Minimum district size: none
NOTE:
Residential open space subdivision techniques may be used in this district.
Performance standards and special use permit requirements or conditions may increase yard and lot requirements. See Article IV.
[Ord. No. 14-12, 6-16-2014]
(a) 
Statement of intent. The intent of the R33 district is to provide opportunities for low density single-family residential development. The district is intended to be established in areas designated Conservation or Low Density Residential by the Comprehensive Plan where public utilities are available and where existing development is arranged and situated in a relatively compact subdivision setting or where any future in-fill residential development should be of a similar suburban subdivision character.
(b) 
Dimensional standards. Each lot created or used shall be subject to the following dimensional standards:
R33-Single-Family Residential District
Use Classification
Minimum Lot Requirements(1)
Minimum Yard Requirements
Maximum Building Height(2)
Area
Width
Front
Side
Rear
Single-Family Detached Dwellings
33,000 square feet
130 feet
50 feet
15 feet
30 feet
35 feet
All Other Permitted & Special Uses
33,000 square feet
130 feet
50 feet
15 feet
30 feet
35 feet
(1) These minimum lot requirements apply where both public water and public sewer are available. For lots not served by public water and public sewer, refer to § 24.1-204.
(2) For dwelling units in excess of 35 feet in height, refer to § 24.1-233.
Minimum district size: none
NOTE:
Residential open space subdivision techniques may be used in this district
Performance standards and special use permit requirements or conditions may increase yard and lot requirements. See Article IV.
[Ord. No. O97-17, 6-4-1997]
(a) 
Statement of intent. The intent of the R20 district is to provide opportunities for medium density single-family residential development. Its intended application is for areas designated medium density by the comprehensive plan where public utilities are available.
(b) 
Dimensional standards. Each lot created or used shall be subject to the following dimensional standards:
R20-Single-Family Residential District
Use Classification
Minimum Lot Requirements(1)
Minimum Yard Requirements
Maximum Building Height(2)
Area
Width
Front
Side
Rear
Single-Family Detached Dwellings
20,000 square feet
1,850m2
100 feet
30m
40 feet
12m
15 feet
4.5m
30 feet
9m
35 feet
12m
All Other Permitted & Special Uses
20,000 square feet
1,850m2
100 feet
30m
40 feet
12m
15 feet
4.5m
30 feet
9m
35 feet
10.5m
(1)
These minimum lot requirements apply where both public water and public sewer are available. For lots not served by public water and public sewer, refer to § 24.1-204.
(2)
For dwelling units in excess of 35 feet in height, refer to § 24.1-233.
Minimum district size: none
NOTE:
Residential open space subdivision techniques may be used in this district.
Performance standards and special use permit requirements or conditions may increase yard and lot requirements. See Article IV.
[Ord. No. O97-17, 6-4-1997; Ord. No. 08-17(R), 3-17-2009]
(a) 
Statement of intent. The R13 district is intended to provide opportunities for single-family residential development generally having a maximum density of 3.0 dwelling units per acre. High density single-family detached development can be expected to generate substantial demands on public services facilities and should be located where adequate public services, transportation facilities and commercial centers are available.
(b) 
Dimensional standards. Each lot created or used shall be subject to the following dimensional standards:
R13-Single-Family Residential District
Use Classification
Minimum Lot Requirements(1)
Minimum Yard Requirements
Maximum Building Height(3)
Area
Width
Front
Side(2)
Rear
Single-Family Detached Dwellings
13,500 square feet
1,250m2
90 feet
27m
30 feet
9m
12.5 feet
3.75m
25 feet
7.5m
35 feet
12m
All Other Permitted & Special Uses
13,500 square feet
1,250m2
90 feet
27m
30 feet
9m
12.5 feet
3.75m
25 feet
7.5m
35 feet
10.5m
(1)
These minimum lot requirements apply where both public water and public sewer are available. For lots not served by public water and/or public sewer, refer to § 24.1-204.
(2)
Side yard may be adjusted to fit lots provided that no side yard shall be less than 10 feet and that the total of the two side yards on the same lot is no less than 25 feet.
(3)
For dwelling units in excess of 35 feet in height, refer to § 24.1-233.
Minimum district size: none.
NOTE:
Residential open space subdivision techniques may be used in this district
Performance standards and special use permit requirements or conditions may increase yard and lot requirements-See Article IV
(a) 
Statement of intent. The R7 district is intended for application as a high density single-family residential zoning district in those areas designated as such by the comprehensive plan. Under certain circumstances the district could be applied to areas designated for multi-family residential uses by the comprehensive plan. The district is designed to provide opportunities for the placement of manufactured homes on individual lots in a subdivision arrangement in an effort to encourage the provision of more affordable housing opportunities which are consistent with the needs and means of lower income households.
(b) 
Dimensional standards. Each lot created or used shall be subject to the following dimensional standards:
R7-Single-Family Manufactured Home Subdivision District
Minimum Lot Requirements(1)
Minimum Yard Requirements
Use Classification
Area
Width
Front
Side
Rear
Maximum Building Height
Manufactured Homes
7,500 square feet
700m2
70 feet
21m
30 feet
9m
10 feet
3m
20 feet
6m
35 feet
10.5m
All Other Permitted and Special Uses
20,000 square feet
1,850m2
100 feet
30m
30 feet
9m
10 feet
3m
25 feet
7.5m
35 4feet
10.5m
(1)
These minimum lot requirements apply where both public water and public sewer are available. The R7 district may not be applied to areas without both public water and public sewer.
(2)
Whenever any lot in an R7 district abuts any land in any other residential zoning district the following yard requirements shall be observed for that portion of the lot which abuts the other residential district:
Side Yard: 40 feet; provided, however, accessory buildings may be located not less than 15 feet from the side lot line.
Rear Yard: 40 feet, provided, however, accessory buildings may be located not less than 25 feet from the rear lot line.
Minimum district size: 5 acres [2ha]
NOTE:
Performance standards and special use permit requirements or conditions may increase yard and lot requirement. See Article IV.
[Ord. No. 03-25, 6-17-2003]
(a) 
Statement of intent. The RMF district is intended for application in those areas designated for multi-family/general residential development by the comprehensive plan. In accordance with direction provided by the plan, this district is designed to provide opportunities for higher density living arrangements with an orientation toward the rental market but not to the exclusion of single-family attached, owner-occupied housing types. As a high density development, this district can be expected to generate very intensive demands on public services and facilities and should be located accordingly. However, senior housing, which is permitted by special use permit, can be expected to generate lesser demands on most public facilities and services than would otherwise be the case on a per-unit basis for traditional general market multi-family development. Therefore, as set out in § 24.1-411, opportunities are provided for the Board of Supervisors to authorize, on a case-by-case basis, the development of such senior housing projects at a higher density level than that applicable to general market multi-family residential development.
(b) 
Dimensional standards. Each lot created or used shall be subject to the following dimensional standards:
Use Classifications
Minimum Lot Requirements(2)
Minimum Yard Requirements
Maximum Building Height
Permitted Uses:
Maximum Density
Min. Area
Min. Width
Front
Side
Rear
Multi-Family Dwellings
10 units per acre
25 du/ha
50 feet
15m
25 feet
7.5m
50 feet
15m
45 feet
13.5m
Single-Family Attached Dwellings
10 units per acre
25 du/ha
1,800 square feet
175m2
20 feet
6m
20 feet(2)
6m
10 feet(3)
3m
15 feet(3)
4.5m
35 feet
10.5m
Other Permitted Uses
1 acre
4,000m2
150 feet
45m
50 feet
15m
25 feet
7.5m
50 feet
15m
45 feet
13.5m
Special Uses:
1 acre
4,000m2
150 feet
45m
50 feet
15m
25 feet
7.5m
50 feet
15m
45 feet
13.5m
(1)
Minimum Lot Requirements are dependent on the availability of public water and sewer. For lots not served by public water and sewer, refer to § 24.1-204.
(2)
Where units are arranged with frontage on a public street, the minimum front yard setback shall be 30 feet.
(3)
Yards required only adjacent to non-common walls of attached units.
Minimum district size: 5 acres [2ha]
NOTE:
Performance standards and special use permit requirements or conditions may increase the yard and lot Requirements. See Article IV.
[Ord. No. O97-17, 6-4-1997; Ord. No. O99-16, 12-1-1999; Ord. No. 04-6, 4-6-2004; Ord. No. 05-13(R), 5-17-2005]
(a) 
Statement of intent. The YVA district is intended to:
(1) 
Recognize Yorktown which, because of its national and international significance, its unique development history and the interrelatedness of historic, residential and commercial land uses, warrants the application of a special approach to further development; and
(2) 
Recognize and implement the Yorktown Master Plan as an overall guide to the future redevelopment of Yorktown; and
(3) 
Provide development opportunities for a variety of land uses which will contribute to and complement the unique character and village atmosphere of Yorktown; and
(4) 
Promote economical and efficient land use, an improved level of amenities, innovative design, and unified development; and
(5) 
Encourage pedestrian and bicycle-scale development in Yorktown and make the community more amenable to pedestrians and bicyclists.
(b) 
Special procedural requirements.
(1) 
The use of any land or building within the YVA district on the date of the inclusion of such property in the district may either continue to be used for its then existing purpose or may thereafter be changed, but only in accordance with all applicable regulations, to accommodate any of the land uses listed in § 24.1-327(c), any provisions of Article VIII, Nonconforming Uses, of this chapter to the contrary notwithstanding.
(2) 
Any proposed new use, other than single-family detached dwellings, or any subdivision of land, shall be approved only by the board of supervisors in accordance with the procedures for special use permits in § 24.1-115 of this chapter. Permitted land uses shall be those listed in § 24.1-327(c).
(3) 
With the exception of single family detached dwellings, the proposed enlargement or extensions of any use in this district which would result in an increase of less than 25% in either total lot coverage or floor area may be authorized, without public hearing, by resolution of the board. Proposed enlargement or expansion of any use, other than a single-family detached dwelling, that would result in an increase of 25% or more in either total lot coverage or floor area shall be subject to approval in accordance with the procedures for special use permits.
(4) 
Proposed changes in use of land, buildings or structures within the district may be approved by the zoning administrator upon a determination that the proposed new use is similar in type, size, scope and intensity to the previous use and that it is one of permitted uses listed in Subsection (c) below. Where, in the opinion of the zoning administrator, such similarities do not exist, the proposal shall be subject to review and approval in accordance with the procedures for special use permits specified in § 24.1-115 of this chapter.
(5) 
The construction of new single-family detached dwellings, or the enlargement of existing single-family detached dwellings, shall be permitted as a matter of right provided that the proposed location is not within one of the areas specifically designated for commercial development by the adopted Yorktown Master Plan and that the following setback and dimensional requirements are observed, and provided that all applicable requirements and procedures set out in the Yorktown Historic District Overlay (§ 24.1-377) are observed.
Front Yard
25 feet
Side Yard
10 feet, 5 feet for accessory buildings
Rear Yard
20 feet, 5 feet for accessory buildings
Building Height
35 feet
(6) 
Applications for approval of new single family detached residences, or additions to existing single family detached residences, which do not comply with the above noted minimum dimensional standards shall be referred to the Planning Commission and Board of Supervisors in accordance with the same procedures applicable to requests for special use permits.
(7) 
Any proposed subdivision of a lot or parcel in the YVA District shall be referred to the Planning Commission and Board of Supervisors for review and action in accordance with the same procedures applicable to requests for special use permits.
(c) 
Permitted uses. The following uses may be permitted within the YVA district subject to a determination by the zoning administrator or board, as prescribed in Subsection (b) above, that the use in the location proposed is substantially in conformance with the Yorktown Master Plan:
(1) 
Dwellings, single-family detached, attached, or multi-family; also including structures designed to accommodate both residential and commercial uses.
(2) 
Churches and other places of worship.
(3) 
Office space for doctors, lawyers, accountants, architects or similar professions and general business offices such as those of insurance companies, trade associations, real estate companies, banks and financial institutions or similar establishments.
(4) 
Retail trade and business uses consistent with the character of the district and the surrounding area including such uses as:
a. 
Gift shops;
b. 
Sit-down restaurants; or
c. 
Specialty shops catering to the local and tourist market.
(5) 
Art galleries, museums, tourist centers, community centers, performing or cultural arts centers, libraries, and similar types of uses intended to promote cultural resources.
(6) 
Publicly owned uses such as offices, court houses, fire stations, parking facilities, parks, playgrounds, and schools.
(7) 
Guest houses, bed and breakfast establishments.
(8) 
Hotels, motels.
(9) 
Personal service uses consistent with the character of the district and the surrounding area including such uses as:
a. 
Beauty and barber shops;
b. 
Day care facilities; or
c. 
Drug stores.
(10) 
Recreationally oriented waterfront businesses and establishments providing covered or uncovered boat slips or dock space, minor repairs or servicing, marine fuel and lubricants, marine supplies, refreshments, and similar goods or services.
(11) 
Commercial parking facilities.
(12) 
Uses and structures which are customarily accessory and clearly incidental and subordinate to any of the uses specifically permitted above.
(d) 
General dimensional, density and design requirements. Other provisions of this chapter notwithstanding, development within the YVA district shall be subject to the following requirements:
(1) 
All development within the YVA district shall be served by public water and public sewer systems.
(2) 
There shall be no minimum lot size, minimum lot width or minimum lot frontage requirements within the YVA district provided, however, that in its approval of a proposed subdivision or land use, the board may establish such requirements as it deems necessary to ensure that the arrangement of the proposed use or division of land is compatible with the district in general.
(3) 
With the exception of the minimum requirements specified for single-family detached dwellings in § 24.1-327(b)(5), there shall be no minimum front, side or rear yard requirements for developments within the YVA district provided, however, that yards and setbacks of an appropriate dimension shall be provided where determined necessary by the board to ensure adequate emergency access, light, and air, to protect the value and utilization of the subject property and adjacent property, and to maintain and enhance the character of the surrounding area.
(4) 
The maximum residential density permitted in any development proposed in this district shall be 10 units per gross acre.
(5) 
Commercial and other non-residential uses permitted under the terms of this section shall be limited in lot coverage and floor area only to the extent that all such uses shall comply with the open space, height, fire separation, emergency access, and parking and loading requirements specified herein.
(6) 
With the exception of single-family detached dwellings which shall be limited to 35 feet in height, the height of any structure, including fixtures and mechanical systems, within the YVA district shall not exceed 25 feet above the average finished ground elevation adjacent to the front of such structure provided, however, that the board, in recognition of unique topographical features, may require a lower maximum height in order to preserve and protect existing scenic views or may authorize a greater height after an evaluation of the character of the surrounding area, the spatial relationships of existing developments, the specific architecture proposed and the potential impacts on any scenic views or vistas.
(e) 
Open space and recreational area requirements.
(1) 
A minimum of 25% of the total area of any development within the YVA District shall be reserved as landscaped open space or improved open air pedestrian plazas or courts unless a smaller percentage is approved by the board in consideration of special or unique characteristics of the proposed development.
(2) 
In the case of residential developments, recreation space, as defined below, shall be provided at a ratio of 200 square feet per dwelling unit unless a lesser amount is authorized by the board in consideration of circumstances unique to the particular development proposal. For the purposes of this section, recreation areas may include private patios, balconies or yard areas adjacent to individual dwelling units; or, common recreation space, either indoor or outdoor, which is available to all residents of the development.
(3) 
Any common open space and recreational areas provided to meet the requirement above shall be protected by appropriate covenants developed in accordance with the provisions established in Article IV, Division 17 that are designed to ensure their perpetuation and maintenance.
(f) 
Special submission requirements.
(1) 
At the time of application for approval of a development proposal within the YVA district, the developer shall submit the following plans. Where a proposed development is subject to review and approval by the Historic Yorktown Design Committee (HYDC) in accordance with the terms of § 24.1-377, the review and action of the HYDC, if applicable, shall be secured before submitting the proposal for YVA district review by the board of supervisors:
a. 
A plan for accommodating the pedestrian, bicycle, automobile, and trolley traffic, parking and loading demands which the development can be expected to generate. The plan shall be prepared by a transportation engineer, unless otherwise authorized by the zoning administrator, and shall be fully documented as to approach, methodology, and data collection, manipulation and analysis.
Such plan may include provisions for public or private off-site parking as well as on-site parking and shall include consideration of pedestrian, bicycle, and transit access. The zoning administrator or the board shall review the plan as to its suitability and feasibility for accommodating the traffic and parking demands of the proposed development.
Where the required parking spaces are proposed to be accommodated by an off-site or transit-oriented arrangement, an appropriate agreement between and among the involved parties and the County, suitable in form and content to the County attorney, shall be executed in order to provide a guarantee that such parking facilities will be available for the total period the use or uses for which the parking is required are reasonably expected to exist.
b. 
An overall signage plan, including rendered drawings, for the proposed development. Such plan shall provide for unified and appropriately scaled and located signage and shall have been developed in accordance with the dimensional requirements specified in the Yorktown Design Guidelines and shall have been reviewed by the HYDC.
c. 
A landscaping plan which specifies the type, size and location of landscaping proposed in conjunction with open space, recreation areas, courts/plazas, or other such amenities.
d. 
Elevations or architectural renderings as well as descriptions of materials or colors to be used in the proposed development, all of which shall have been reviewed by the HYDC.
(2) 
Such plans as required above, once approved, shall become part of the conditions of approval for the project and shall not be deviated from except upon specific approval of the board or the zoning administrator, depending upon which gave original approval.