County of York, VA Overlay Districts

Statement of intent. In accordance with the objectives of the adopted comprehensive plan and with the laws of the Commonwealth of Virginia, specifically § 15.2-2294, Code of Virginia, the Airport Safety Management Overlay regulations are intended to protect the public health, safety, and welfare by ensuring that development will occur in such a way as to cause no interference with civil or military air traffic over the County. The purpose of these provisions is to restrict the height of structures and objects of natural growth in the vicinity of any civil or military airport in the County or its environs. Specifically, these provisions are intended to apply to all areas of the County lying within or underneath an imaginary surface or surfaces surrounding any civil or military airport in accordance with the standards set forth in Part 77.25, 77.28, and 77.29, Subchapter C (Obstruction Standards), of Title 14 of the Code of Federal Regulations, or in successor federal regulations, and as shown on the airport safety zone map adopted by the County.

Applicability. The special provisions established in this section shall apply to all areas designated by the County as airport safety zones in accordance with the standards set forth in Parts 77.25, 77.28, and 77.29, Subchapter C (Obstruction Standards) of Title 14 of the Code of Federal Regulations, or in successor federal regulations. Areas so designated are shown on the airport safety zone map adopted by the County.

The following words and terms used in this section shall have the following meanings unless the context clearly indicates otherwise:

AIRPORT: For the purposes of this section, civil airport shall refer to Newport News-Williamsburg International Airport, and military airport shall refer to Camp Peary Field and Langley Air Force Base.

AIRPORT ELEVATION: The established elevation of the highest point on any usable landing surface expressed in feet above mean sea level.

AIRPORT SAFETY ZONE: All of the area and airspace of the County lying equal to or above an approach surface, approach clearance surface, clear zone surface, conical surface, horizontal surface, inner horizontal surface, outer horizontal surface, primary surface, or transitional surface as they apply to civil and military airports in the County or its environs. These zones are established as overlay zones, superimposed upon the underlying zoning districts, that do not affect the uses and activities of the underlying zoning districts except as provided in this section. The specific airport safety zones are as follows:

APPROACH CLEARANCE SURFACE: For a military airport, an imaginary surface represented by an inclined plane, symmetrical about the runway center line extended, beginning 200 feet beyond each end of the primary surface at the center line elevation of the runway end and extending for 50,000 feet. The slope of the approach clearance surface is 50 to one along the runway center line extended until it reaches an elevation of 500 feet above the established airport elevation. It then continues horizontally at this elevation to a point 50,000 feet from the point of beginning. The width of this surface at the runway end is the same as the primary surface; it flares uniformly, and the width at 50,000 feet is 16,000 feet.

APPROACH SURFACE: For a civil airport, an imaginary surface longitudinally centered on the extended runway center line, extending upward and outward from the end of the primary surface at a slope of 50 to one for a horizontal distance of 10,000 feet, thereafter at a slope of 40 to one for an additional horizontal distance of 40,000 feet. The inner edge of the approach surface is the same width as the primary surface, and it expands uniformly to a width of 16,000 feet.

CONICAL SURFACE: For a civil airport, an imaginary surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to one for a horizontal distance of 4,000 feet. For a military airport, an imaginary surface extending outward and upward from the periphery of the inner horizontal surface at a slope of 20 to one for a horizontal distance of 7,000 feet to a height of 500 feet above the established air-field elevation.

HAZARD TO AIR NAVIGATION: An obstruction determined by the Virginia Department of Aviation or the Federal Aviation Administration to have a substantial adverse effect on the safe and efficient utilization of navigable airspace in the Commonwealth.

HORIZONTAL SURFACE: An imaginary surface represented by a horizontal plane 150 feet above the established airport elevation for any civil airport, the perimeter of which is constructed by swinging arcs of a 10,000-foot radius from the center of each end of the primary surface of each runway and connecting the adjacent arcs by lines tangent to those arcs.

INNER HORIZONTAL SURFACE: An imaginary surface represented by a horizontal plane that is oval in shape at a height of 150 feet above the established airfield elevation of any military airport. The plane is constructed by scribing an arc with a radius of 7,500 feet about the center line at the end of each runway and interconnecting these arcs with tangents.

OBSTRUCTION: Any structure, growth, or other object, including a mobile object, which exceeds the maximum height for the zone in which it is located as set forth in § 24-371(d) and as shown on the airport safety zone map.

OUTER HORIZONTAL SURFACE: An imaginary surface represented by a horizontal plane, located 500 feet above the established airfield elevation of any military airport, extending outward from the outer periphery of the conical surface for a horizontal distance of 30,000 feet.

PRIMARY SURFACE: An imaginary surface longitudinally centered on a runway. For a civil airport, the primary surface extends 200 feet beyond each runway end and has a width of 1,000 feet. For a military airport, the primary surface has the same length as the runway and a width of 2,000 feet.

RUNWAY: A specified area on an airport or airfield prepared for landing and takeoff of aircraft.

TRANSITIONAL SURFACE: For a civil airport, an imaginary surface extending outward and upward at right angles to the runway center line and the runway center line extended at a slope of seven to one from the sides of the primary surface and from the sides of the approach surfaces. Transitional surfaces for those portions of the approach surface which project through and beyond the limits of the conical surface extend a distance of 5,000 feet measured horizontally from the edge of the approach surface and at right angles to the runway center line. For a military airport, imaginary surfaces which connect the primary surfaces, the first 200 feet of the clear zone surfaces, and the approach clearance surfaces to the inner horizontal surface, conical surface, outer horizontal surface, or other transitional surfaces. The slope of the transitional surface is seven to one outward and upward at right angles to the runway center line.

VEGETATION: Any object of natural growth.

Height regulations. Except as otherwise provided in this section, no structure shall be erected or altered, and no vegetation shall be allowed to grow to a height so as to penetrate any referenced surface, also known as the floor, of any airport safety zone provided for in § 24-371(c) at any point. The specific height limitations for each airport safety zone are listed below. Any area located in more than one of the following zones shall be construed to be only in the zone with the most restrictive height limitation. In each case, the prescribed limitation represents the maximum permissible height above the airport elevation of the airport to which said limitation refers.

Airport zone. One hundred fifty feet.

Approach zone. For civil airports, the maximum height shall be zero feet at the inner edge of the approach surface where it abuts the primary surface, increasing thereafter by one foot for each additional 50 feet of horizontal distance from the end of the primary surface up to 10,000 feet. Beyond 10,000 feet, the maximum height shall increase by one foot for each additional 40 feet of horizontal distance from the end of the primary surface, reaching a maximum of 1,200 feet. For military airports, the maximum height shall be zero feet at the inner edge of the approach clearance surface where it abuts the clear zone surface, increasing thereafter by one foot for each additional 50 feet of horizontal distance from the clear zone surface, reaching a maximum of 500 feet.

Conical zone. At the inner edge of the conical zone where it abuts the airport zone, the maximum height shall be 150 feet and at the outer edge the maximum height shall be 350 feet for civil airports and 500 feet for military airports. Between the inner edge and the outer edge, the maximum height shall increase by one foot for each 20 feet of horizontal distance.

Outer airport zone. Five hundred feet.

Transitional zone. For civil airports, the maximum height shall be the same as in the approach zone where it abuts the transitional zone, increasing by one foot for every seven feet of horizontal distance from the approach surface up to a maximum of 5,000 feet of horizontal distance.

Variances.

An application for a variance to the requirements of this section shall be made in writing to the board of zoning appeals in accordance with the provisions of Article IX. Prior to being considered by the board, any such application shall be accompanied by a determination from the Virginia Department of Aviation as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace.

In granting a variance, the board of zoning appeals may impose reasonable and appropriate conditions as it may deem necessary to protect the public interest and welfare. Such conditions may include, but need not be limited to, requirements to install, operate, and maintain, at the owner's expense, such markings and lights as may be deemed necessary by the Federal Aviation Administration, the Virginia Department of Aviation, or the zoning administrator.

§ 24.1-372 (Reserved)

[Ord. No. 05-13(R), 5-17-2005]

Repealed — see Chapter 23.2, York County Code.

§ 24.1-373 FMA-Floodplain management area overlay district.

[Ord. No. O98-18, 10-7-1998; Ord. No. 03-24, 6-17-2003; Ord. No. 09-11(R), 6-2-2009; Ord. No. 11-15(R), 11-16-2011; Ord. No. 14-22, 11-18-2014]

Statement of intent. The requirements set forth in this section are adopted pursuant to the authority granted to localities by § 15.2-2280 of the Code of Virginia. In accordance with the objectives of the comprehensive plan, these regulations are intended to ensure the health, safety and general welfare of the public by ensuring that inhabitants and property within the areas designated as flood hazard areas are safe from damage due to flooding and that development actions will not endanger others. This section complies with the requirements of the National Flood Insurance Program (44 CFR 60.3, et seq.) administered by the Federal Emergency Management Agency and is necessary to ensure that all property owners within the County are eligible for participation in the National Flood Insurance Program regular program and thereby able to secure such insurance at nominal rates.

The purpose of these provisions is to prevent: the loss of life and property, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by:

Regulating uses, activities, and development which, alone or in combination with other existing or future uses, activities, and development, will cause unacceptable increases in flood heights, velocities, and frequencies;

Restricting or prohibiting certain uses, activities, and development from locating within areas subject to flooding;

Requiring all those uses, activities, and developments that do occur in flood-prone areas to be protected and/or flood-proofed against flooding and flood damage; and,

Protecting individuals from buying land and structures which are unsuited for intended purposes because of flood hazards.

Applicability.

The special provisions established in this section shall apply to the areas designated as Special Flood Hazard Areas as determined by the Flood Insurance Study (FIS) and as delineated on the Flood Insurance Rate Map (FIRM) for York County prepared by the Federal Emergency Management Agency, Federal Insurance Administration dated January 16, 2015, as amended, and including the following zones.

Zones identified as an AE Zone on the Flood Insurance Rate Map (FIRM) are those for which 100-year flood elevations have been provided but for which no floodway has been delineated.

Zones identified as an A or A99 Zone on the Flood Insurance Rate Map (FIRM) are those areas where no detailed flood profiles or elevations are provided, but the 100-year floodplain boundary has been approximated.

Zones identified as a coastal AE zones on the Flood Insurance Rate Map (FIRM) are those that are subject to wave height between 1.5 feet and three feet, and identified on the FIRM as areas of Limits of Moderate Wave Action (LiMWA). Flood elevations are provided in these tidal floodplains; however, floodway data is not applicable.

Zones identified as VE or V Zones on the Flood Insurance Rate Map (FIRM) are those areas subject to wave velocity and known as Coastal High Hazard Zones.

The Flood Insurance Rate Map (FIRM) is declared to be a part of this chapter, and an official copy thereof shall be maintained in the Geographic Information System offices with copies also being maintained in the offices of the zoning administrator and building official.

The FIRM also delineates Zone X and Zone X-500 areas. Such areas are not considered to be within the Special Flood Hazard Areas and are not subject to the requirements of this section.

These special provisions shall supplement the regulations of the zoning district within which a subject property is located. The floodplain zones described herein shall be an overlay to the existing underlying zoning districts.

Where these regulations are at variance with the general regulations of this chapter, the specific regulations of the zoning district within which the property is located, or other provisions of this Code, the most restrictive regulation shall apply.

Any changes to the data contained in either the Flood Insurance Study or the Flood Insurance Rate Map as a result of natural or man-made conditions or subsequent study and analysis shall require the approval of the Federal Insurance Administrator prior to implementation. Evidence of such approval shall require the filing with the zoning administrator of one of the following:

Letter of Map Amendment (LOMA).

Letter of Map Revision (LOMR).

Physical Map Revision.

In all cases, the burden of proof shall be on the applicant requesting a map or data change.

No land shall hereafter be developed and no structure shall be located, relocated, constructed, reconstructed, enlarged, or structurally altered within the floodplain management overlay district except in full compliance with the terms and provisions of this section. All uses, activities, and development occurring within any floodplain management overlay district shall be undertaken only upon the issuance of a zoning certificate, as described in § 24.1-107 of this chapter. Such development shall be undertaken only in strict compliance with the provisions of this section and all other applicable codes and ordinances, such as the Virginia Uniform Statewide Building Code, the York County Subdivision Ordinance (Chapter 20.5, York County Code), and other applicable state and federal laws.

All applications for development and building permits in the FMA overlay district shall incorporate the following information:

For structures to be elevated, the elevation of the lowest floor (including basement);

For structures to be floodproofed (non-residential only), the elevation to which the structure will be floodproofed;

The elevation of the 100-year flood (base flood elevation);

Topographic information showing existing and proposed ground elevations; and

Within Coastal A and V-Zones, information obtained and recorded on the permit application shall include the elevation (in relation to mean sea level) of the bottom of the lowest horizontal structural member of the lowest floor (excluding pilings and columns) of all new and substantially improved structures, and whether or not such structures contain a basement.

The degree of flood protection sought by the provisions of this section is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study, but does not imply total flood protection. More severe floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes, such as ice jams or channel openings restricted by debris. These provisions do not imply that areas outside the FMA district or land uses permitted within such district will be free from flooding or flood damages.

The provisions set forth in this section shall not create liability on the part of the County or any officer or employee thereof for any flood damages that result from reliance on these provisions or any administrative decision lawfully made thereunder.

For the purposes of this section, the following terms shall have the following meanings:

BASE FLOOD: The flood having a 1% chance of being equaled or exceeded in any given year.

BASE FLOOD ELEVATION (BFE): The Federal Emergency Management Agency designated 100-year water surface elevation. The water surface elevation of the base flood relates to the datum specified on the Flood Insurance Rate Map (FIRM) prepared by FEMA and published as part of the National Flood Insurance Program.

BASEMENT: As used in this section, a basement shall be defined as any part of any structure where the floor is below ground level on all sides.

BREAKAWAY WALL: A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation.

CHANNEL: A perceptible natural or artificial waterway which periodically or continuously contains moving water confined to a definite bed and banks.

DEVELOPMENT: Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, and the storage of materials and equipment.

ELEVATED BUILDING: A non-basement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, or columns (posts and piers).

ENCROACHMENT: The advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain.

EXISTING CONSTRUCTION: Structures for which the "start of construction" commenced before December 16, 1988, the effective date of the initial FIRM, or which was compliant with the FIRM then in effect prior to any subsequently amended and adopted FIRMs. "Existing construction" may also be referred to as "existing structures".

FEMA: The Federal Emergency Management Agency.

FLOOD HAZARD ZONE: The delineation of special flood hazard areas into insurance risk and rate classifications on the Flood Insurance Rate Map (FIRM) published by the Federal Emergency Management Agency and which include the following zones and criteria:

FLOOD INSURANCE RATE MAP (FIRM): An official map of the County on which the Federal Emergency Management Agency has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM).

FLOOD INSURANCE STUDY (FIS): A report by FEMA that examines evaluates and determines flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudflow and/or flood related erosion hazards.

FLOOD or FLOODING

A general and temporary condition of partial or complete inundation of normally dry land areas from:

Overflow of inland or tidal waters, or

The unusual and rapid accumulation or run-off of surface waters from any source, or the unusual and rapid accumulation or run-off of surface waters from any source,

Mudflows which are proximately caused by flooding or precipitated by accumulations of water on or under the ground which are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.

The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by water or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or by some similarly unusual and unforeseeable event which results in flooding as defined above.

FLOOD, 100-YEAR: A flood level with a 1% or greater chance of being equaled or exceeded in any year. Also referred to as base flood.

FLOODPLAIN ADMINISTRATOR: The individual responsible for administering and ensuring compliance with the terms of the FMA provisions set forth herein. The zoning administrator or other designee appointed by the County Administrator shall serve as the floodplain administrator.

FLOODPLAIN MANAGEMENT AREA: A land area located within a Flood Hazard Zone or which has been designated by the County and to which the provisions of this section apply.

FLOODPLAIN OR FLOOD-PRONE AREA: A land area which is susceptible to being inundated by a flood. Floodplain areas are generally adjacent to a river, stream, bay, lake, watercourse, or storm drainage facility.

FLOODPROOFING: Any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. Also, a construction method designed to ensure that all parts of a structure or facility located below the base flood elevation are watertight with walls impermeable to the passage of water and with structural components having the capability of withstanding hydrostatic and hydrodynamic loads and the effects of buoyancy.

FLOODWAY: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

FREEBOARD: A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" is required in order to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization in the watershed.

HIGHEST ADJACENT GRADE: The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

HISTORIC STRUCTURE: Any structure that is:

HYDROLOGIC AND HYDRAULIC ENGINEERING ANALYSIS: Analyses performed by a licensed professional engineer, in accordance with standard engineering practices that are accepted by the Virginia Department of Conservation and Recreations and FEMA, used to determine the base flood, other frequency floods, flood elevations, floodway information and boundaries, and flood profiles.

LETTERS OF MAP CHANGE (LOMC): A Letter of Map Change is an official FEMA determination, by letter, that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change include:

LOWEST FLOOR: The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of Federal Code 44CFR 60.3.

MANUFACTURED HOME PARK OR SUBDIVISION: A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

MANUFACTURED HOME: The provisions of § 24.1-104, Definitions of this chapter notwithstanding, for purposes of this section, a manufactured home shall be defined as a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. Also included within this definition shall be park trailers, travel trailers, and other similar vehicles placed on a site for more than 180 consecutive days, excluding however, those such vehicles stored on a property and not used for their intended purposes.

MEAN SEA LEVEL: North American Vertical Datum of 1988 to which all elevations on the FIRM and within the Flood Insurance Study are referenced.

NEW CONSTRUCTION: For the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of the initial Flood Insurance Rate Map (December 16, 1988), and including any subsequent improvement to such structures. For floodplain management purposes, new construction means structures for which start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structure.

POST-FIRM STRUCTURES: A structure for which construction or substantial improvement occurred after December 16, 1988.

PRE-FIRM STRUCTURES: A structure for which construction or substantial improvement occurred on or before December 16, 1988.

RECREATIONAL VEHICLE: The provisions of § 24.1-104, Definitions of this chapter notwithstanding, for purposes of this section, a recreational vehicle is one which is:

REPETITIVE LOSS STRUCTURE: A building covered by a contract for flood insurance that has incurred flood-related damages on two occasions during a ten-year period ending on the date of the event for which a second claim is made, in which the cost of repairing the flood damage, on the average, equaled or exceeded 25% of the market value of the building at the time of each flood event.

SAND DUNE: Naturally occurring accumulations of sand in ridges or mounds landward of the beach.

SHALLOW FLOODING AREA: A special flood hazard area with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

SPECIAL FLOOD HAZARD AREA (SFHA): The land in the floodplain subject to a 1% or greater chance of being flooded in any given year.

START OF CONSTRUCTION: The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, substantial improvement or other improvement was within the initial period of validity for the permit, which is 180 days. If the permit expires or lapses, then the start shall be the date that the work actually starts under a new or renewed permit. The actual start means either the first placement of permanent construction on a site, such as the pouring of the slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of the construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

STRUCTURE: For floodplain management purposes, a walled and roofed building, a gas or liquid storage tank that is principally above ground, or a manufactured home.

SUBSTANTIAL DAMAGE: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT: Any repair, reconstruction, rehabilitation, addition, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage" regardless of the actual repair work performed. The term does not, however, include either:

VIOLATION: The failure of a structure or other development to be fully compliant with this section (§ 24.1-373).

WATERCOURSE: A natural or artificial channel for the passage of running water fed from natural sources in a definite channel and discharging into some stream or body of water.

Use Regulations. Permitted uses, specially permitted uses, accessory uses, dimensional standards, and special requirements shall be as established by the underlying zoning district, except as specifically modified herein.

The following uses shall be specifically prohibited within the Floodplain Management Areas overlay district:

Landfills, junkyards, outdoor storage of inoperative vehicles.

Manufactured homes, except in a manufactured home (mobile home) park or subdivision that existed as of July 19, 1990. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring, elevation, and encroachment standards are met. Such replacement manufactured home, or the substantial improvement of an existing one, shall comply in all respects with the terms of this Chapter and the Virginia Uniform Statewide Building Code and, specifically, shall be anchored so as to prevent flotation, collapse, or lateral movement.

Surface mines and borrow pits.

Manufacture, bulk storage, transformation or distribution of petroleum, chemical or asphalt products or any hazardous materials as defined in either or both of the following:

Superfund Amendment and Reauthorization Act of 1986.

Identification and Listing of Hazardous Wastes, 40 CFR 261 (1987).

The following products shall be specifically included:
i.	Oil and oil products including petrochemicals
ii.	Radioactive materials
iii.	Any material transported or stored in large commercial quantities (such as 55-gallon drums) which is a very soluble acid or base, causes abnormal growth of an organ or organism, or is highly biodegradable, exerting a strong oxygen demand
iv.	Biologically accumulative poisons
v.	Substances containing the active ingredients of economic poisons that are or were ever registered in accordance with the provisions of the Federal Insecticide, Fungicide, and Rodenticide Act, as amended (7 U.S.C. § 135 et seq.)
vi.	Substances highly lethal to mammalian or aquatic life

Storage or land application of industrial wastes.

Outdoor storage of equipment, materials, or supplies which are buoyant, flammable, or explosive.

The provisions of Article VIII. Nonconforming Uses of this chapter notwithstanding, no expansion of any of the above uses located within the Floodplain Management Area overlay district shall be permitted.

All recreational vehicles placed on sites within the Floodplain Management Area overlay district must either:

Be on the site for fewer than 180 consecutive days; or

Be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions); or

Meet all the requirements for manufactured homes as specified in this chapter.

Special standards and requirements.

Standards for subdivisions. Preliminary plans, development plans and final subdivision plats of all properties, all or part of which are located within any special flood hazard area, must be prepared and sealed by a licensed surveyor or engineer. The following information, in addition to that which would otherwise be required, shall be provided on the respective plans:

The 100-Year Flood boundary, as depicted on the FIRM and the flood hazard zone classification(s) shall be depicted on preliminary plans, development plans, and final plats.

Development plans shall provide topographical information for the site at a maximum contour interval of two feet, provided, however, that a one foot contour interval for elevations one foot lesser and one foot greater than the 100-Year Flood boundary shall be shown.

The elevation of the finished surface of the ground at each corner of each existing building located within any special flood hazard area shall be shown on development plans and final plats.

For subdivision proposals and other proposed development proposals (including manufactured home parks and subdivisions) that exceed 50 lots or five acres, whichever is the lesser, base flood elevation data shall be obtained from other sources or developed using detailed methodologies, and hydraulic and hydrologic analysis comparable to those contained in a Flood Insurance Study.

All subdivision proposals shall be consistent with the need to minimize flood damage.

All subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

All subdivision proposals shall be designed to provide adequate drainage to reduce exposure to flood hazards.

Standards for site plans. Site plans for development of all properties, all or part of which are located within any special Flood hazard area, must be prepared and sealed by a licensed surveyor or engineer and include the following information in addition to that which would otherwise be required:

The 100-Year Flood boundary, as depicted on the FIRM and the flood hazard zone classification(s).

Topographical information for the site provided at a maximum contour interval of two feet, provided, however, that a one-foot contour interval shall be required for elevations one foot lesser and one foot greater than the 100-Year Flood boundary and the boundary itself shall be shown.

The elevation of the finished surface of the ground at each corner of each existing or proposed building location within any flood hazard zone.

Standards for utilities. All new or replacement utilities, water filtration, and wastewater treatment facilities, installed in a floodplain management area shall be designed to prevent the infiltration of floodwaters into or discharge from such utilities and to minimize the potential for flood damage.

Where private waste disposal systems are to be installed or replaced, they shall be installed so that they will not be permanently contaminated or impaired by a base flood.

Standards for streets and roads. The finished center line elevation of all new public or private streets shall be no lower than 6 1/2 feet above mean sea level (NGVD) provided, however, that where an existing street not meeting this criterion is to be extended, the zoning administrator may approve streets or parts thereof which are below this elevation, but not lower than the elevation of the existing street.

Standards for Floodways. Within any floodway, no encroachments, including fill, new construction, substantial improvements, or other development shall be permitted unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed encroachment will not result in any increase in flood levels within the community during the occurrence of the base flood discharge. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently-accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow thorough review by the Floodplain Administrator.

Standards for filling of floodplain management areas.

Where fill within the floodplain management area is proposed, the following minimum standards shall apply:

Fill areas shall extend laterally a minimum of 15 feet beyond building lines from all points.

Fill material shall consist only of soil and small rock materials which can pass through a three inch opening ASTM standard sieve. Organic materials, including tree stumps and asphalt rubble, shall be prohibited.

Fill areas shall be compacted as may be specified by the zoning administrator to provide necessary permeability and resistance to erosion, scouring, or settling.

Fill areas shall be graded to a finished slope of no steeper than one vertical to three horizontal, unless substantiated data, certified by a licensed engineer, which justifies steeper slopes is submitted to and approved by the zoning administrator.

The zoning administrator shall impose any additional standards deemed necessary to ensure the safety of the community and properties from additional flood hazard potentials caused by filling within the floodplain management area.

Filling or any other encroachment into any channel within the floodplain management area which would, as determined by the zoning administrator, obstruct or unduly restrict water flows through the channel and, in so doing, increase the potential for flood damage shall be prohibited.

The filling of any portion of property solely to increase the elevation of the land to meet minimum lot area requirements and thereby create a buildable lot for residential construction within the floodplain management area shall be prohibited.

These standards may be waived individually by the zoning administrator, upon the recommendation of the wetlands board for approved parks, recreation facilities, shoreline erosion control and beach maintenance projects where sufficient data is presented justifying the project and where it is demonstrated that such actions will not increase flood levels on any properties.

Standards for watercourse modification. Watercourses shall not be altered or relocated except upon the presentation of data, certified by a licensed engineer, that the flood-carrying capacity of such a modified watercourse will be at least equal to that prior to modification. Prior to any proposed alteration of any channels or of any watercourse or stream within the Floodplain Management Area overlay district, necessary permits shall be obtained from the Army Corps of Engineers, the Virginia Department of Environmental Quality, and the Virginia Marine Resources Commission. Furthermore, notification of the proposal shall be given by the applicant to all affected adjacent jurisdictions, the Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management) and the Federal Insurance Administration.

General Construction Standards for all Flood Hazard Zones. All new or substantial improvement construction in the FMA overlay district shall comply with the following general standards:

Construction shall comply with all applicable terms of the Virginia Uniform Statewide Building Code and shall be anchored so as to prevent flotation, collapse or lateral movement of the structure due to the effects of wind and water acting simultaneously on all building components. Wind and water loading values shall each have a 1% chance of being equaled or exceeded in any given year.

Construction methods and practices shall be undertaken so as to minimize flood damage.

New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

Electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities, including duct work shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system.

New and replacement sanitary sewer systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters.

On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding.

Construction standards for properties in Zone AE, and AH. All new construction or substantial improvement in Zone AE and AH of the floodplain management area shall occur in accordance with the applicable floodplain construction provisions for Zone AE and AH contained in the Virginia Uniform Statewide Building Code. The floodplain administrator shall be satisfied that all applicable provisions have been complied with prior to issuing building permits or temporary or permanent certificates of occupancy.

In addition, the following standards shall apply:

All new and replacement electrical equipment, and heating, ventilating, air conditioning and other service facilities be installed with a freeboard at least three feet above the base flood elevation or otherwise designed and located so as to prevent water from entering or accumulating within the system.

All electrical distribution panels be installed with a freeboard at least three feet above the base flood elevation or otherwise designed and located so as to prevent inundation.

The elevation of the lowest floor of any residential structure, including basements, shall be constructed with a freeboard at least three feet above the base flood elevation. Non-residential structures may be flood-proofed in lieu of being elevated, provided that all areas of the building components below the elevation corresponding to the BFE plus one foot are water tight with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification, including the specific elevation (in relation to mean sea level) to which such structures are flood-proofed, shall be maintained by the Division of Building Regulation.

Adequate drainage paths around structures on slopes shall be provided to guide floodwaters around and away from proposed structures.

In addition to the above, on property within the Coastal Floodplain zones identified as Coastal AE Zones on the Flood Insurance Rate Map (FIRM) that is subject to wave height between 1.5 feet and three feet, and which is identified on the FIRM as being within the Limits of Moderate Wave Action (LiMWA), buildings and structures shall have the lowest floor elevated to provide at least one additional foot of freeboard (i.e., four feet).

Construction standards for properties in Zone A. All new construction or substantial improvements in Zone A must comply with all standards applicable to Zone AE contained in this section and the floodplain construction provisions of the Virginia Uniform Statewide Building Code. In addition, the owner and developer of such property shall provide to the floodplain administrator sufficiently detailed hydrologic and hydraulic analyses, certified by a licensed engineer, to determine the base flood elevation for the property and the location of the 100-Year Flood Boundary. Upon approval by the floodplain administrator, copies of all such detailed analyses shall be transmitted to the Federal Insurance Administrator for incorporation into the FIRM.

Construction standards for properties in zones without a designated floodway: Within any AE or AH zone without a designated floodway, no new development activities that increase the water surface elevation of the base flood shall be permitted unless the applicant first applies - with the County's endorsement - for a Conditional Letter of Map Revision (CLOMR), and receives the approval of the Federal Emergency Management Agency.

In addition, within the Floodway of an AE or AH zone development, activities which increase the water surface elevation of the base flood may be allowed, provided that the applicant first applies — with the County's endorsement — for a Conditional Letter of Map Revision (CLOMR), and receives the approval of the Federal Emergency Management Agency.

Construction Standards for properties in the Zone AO shall be as the following:

All new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elevated with a freeboard of at least three feet or above the flood depth specified on the FIRM; above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM. If no flood depth number is specified, the lowest floor, including basement, shall be elevated no less than two feet above the highest adjacent grade.

All new construction and substantial improvements of non-residential structures shall:

Have the lowest floor, including basement, elevated to or above the flood depth specified on the FIRM, above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM. If no flood depth number is specified, the lowest floor, including basement, shall be elevated at least two feet above the highest adjacent grade; or,

Together with attendant utility and sanitary facilities be completely flood-proofed to the specified flood level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

Adequate drainage paths around structures on slopes shall be provided to guide floodwaters around and away from proposed structures.

(13)

Space Below the Lowest Floor in Zones A, AE, AH, and AO. In zones A and AE, fully enclosed areas of new construction or substantially improved structures which are below the regulatory flood protection elevation shall:

Not be designed or used for human habitation, but shall only be used for parking of vehicles, building access, or limited storage of maintenance equipment used in connection with the premises. Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment (standard exterior door), or entry to the living area (stairway or elevator).

Be constructed entirely of flood resistant materials below the regulatory flood protection elevation;

Include measures to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters. To meet this requirement, the openings must either be certified by a professional engineer or architect or meet the following minimum design criteria:

Provide a minimum of two openings on different sides of each enclosed area subject to flooding.

Provide a total net area of all openings of at least one square inch for each square foot of enclosed area subject to flooding.

In the case of a building has more than one enclosed area, provide each area with openings to allow floodwaters to automatically enter and exit.

Be designed so that the bottom of all required openings shall be no higher than one foot above the adjacent grade.

Be designed so that openings, if equipped with screens, louvers, or other opening coverings or devices, permit the automatic flow of floodwaters in both directions. Foundation enclosures made of flexible skirting are not considered enclosures for regulatory purposes, and, therefore, do not require openings. Masonry or wood underpinning, regardless of structural status, is considered an enclosure and requires openings as outlined above.

(14)

Construction standards for properties in Zone VE. All new construction or substantial improvement in Zone VE of the floodplain management area shall occur in accordance with the applicable floodplain construction provisions for Zone VE contained in the Virginia Uniform Statewide Building Code. The floodplain administrator shall be satisfied that all applicable provisions have been complied with prior to issuing building permits or temporary or permanent certificates of occupancy. The VE or V Zones on FIRMs accompanying the FIS shall be those areas that are known as Coastal High Hazard areas, extending from offshore to the inland limit of a primary frontal dune along an open coast. All new construction and substantial improvements in Zones V and VE (V if base flood elevation is available) shall be elevated on pilings or columns so that:

The bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated with a freeboard at least three feet above the base flood level if the lowest horizontal structural member is parallel to the direction of wave approach or elevated at least one foot above the freeboard if the lowest horizontal structural member is perpendicular to the direction of wave approach; and

The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse, and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Wind and water loading values shall each have a 1% chance of being equaled or exceeded in any given year (1% annual chance).

In addition, the following standards shall apply:

All new construction or development shall be located landward of the reach of the mean high tide.

Any man-made alteration of a sand dune or any part thereof shall be prohibited.

No structure or any part thereof may be constructed on fill material of any kind.

All electrical distribution panels be installed with a freeboard at least six feet above the base flood elevation or otherwise located so as to prevent inundation.

All new construction and substantial improvements shall have the space below the lowest floor either free of obstruction or constructed with nonsupporting breakaway walls, open wood-lattice work, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building and supporting foundation system. For the purpose of this section, a breakaway wall shall have a design safe loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakaway walls which exceed a design safe loading resistance of 20 pounds per square foot (either by design or when so required by local codes) may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet the following conditions:

Breakaway wall collapse shall result from water load less than that which would occur during the base flood; and

ii.

The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and nonstructural). Maximum wind and water loading values to be used in this determination shall each have a 1% chance of being equaled or exceeded in any given year.

iii.

The enclosed space below the lowest floor shall be used solely for parking of vehicles, building access, or storage. Such space shall not be partitioned into multiple rooms, temperature-controlled, or used for human habitation.

iv.

The use of fill for structural support of buildings is prohibited. When non-structural fill is proposed in a coastal high hazard area, appropriate engineering analyses shall be conducted to evaluate the impacts of the fill prior to issuance of a development permit.

A registered professional engineer or architect shall develop or review the structural design, specifications and plans for the construction, and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of Subsection (e)(14)a and b above.

In addition to the above, on property within the Coastal Floodplain zones identified as Coastal VE Zones on the Flood Insurance Rate Map (FIRM) that is subject to wave height between 1.5 feet and three feet, and which is identified on the FIRM as being within the Limits of Moderate Wave Action (LiMWA), buildings and structures shall have the lowest floor elevated to provide at least one additional foot of freeboard (i.e., four feet)

(15)

Historic structures. Historic structures undergoing repair or rehabilitation that would constitute a substantial improvement as defined above, must comply with all ordinance requirements that do not preclude the structure's continued designation as a historic structure. Documentation that a specific ordinance requirement will cause removal of the structure from the National Register of Historic Places or the State Inventory of Historic Places must be obtained from the Secretary of the Interior or the State Historic Preservation Officer. Any exemption from ordinance requirements will be the minimum necessary to preserve the historic character and design of the structure.

(16)

A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required by the provisions set forth herein shall be presumed to be in violation until such time as that documentation is provided.

(17)

Under no circumstances shall any use, activity, and/or development adversely affect the capacity of the channels or floodway of any watercourse, drainage ditch, or any other drainage system or facility.

Submitting Technical Data. The floodplain administrator shall monitor physical changes in the County that could potentially cause base flood elevations to increase or decrease and affect flooding conditions. As soon as practicable, but not later than six months after the date such information becomes available, the floodplain administrator shall notify the Federal Emergency Management Agency of the changes by submitting technical or scientific data. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and flood plain management requirements will be based upon current data.

(g)

Administration. Records of actions associated with administering this ordinance shall be kept on file and maintained by the Office of Building Regulations. The Floodplain Administrator shall have the following duties and responsibilities:

Review applications for permits to determine whether proposed activities will be located in the Special Flood Hazard Area (SFHA).

Interpret floodplain boundaries and provide available base flood elevation and flood hazard information.

Review applications to determine whether proposed activities will be reasonably safe from flooding and require new construction and substantial improvements to meet the requirements of these regulations.

Review applications to determine whether all necessary permits have been obtained from the Federal, State or local agencies from which prior or concurrent approval is required; in particular, permits from state agencies for any construction, reconstruction, repair, or alteration of a dam, reservoir, or waterway obstruction (including bridges, culverts, structures), any alteration of a watercourse, or any change of the course, current, or cross section of a stream or body of water, including any change to the 100-year frequency floodplain of free-flowing non-tidal waters of the State.

Verify that applicants proposing an alteration of a watercourse have notified adjacent communities, the Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management), and other appropriate agencies, including without limitation the Virginia Department of Environmental Quality (VADEQ) and the United States Army Corps of Engineers (USACE) and have submitted copies of such notifications to the United States Federal Emergency management Agency (FEMA).

Approve applications and issue permits to develop in flood hazard areas if the provisions of these regulations have been met, or disapprove applications if the provisions of these regulations have not been met.

Inspect or cause to be inspected, buildings, structures, and other development for which permits have been issued to determine compliance with these regulations or to determine if noncompliance has occurred or violations have been committed.

Review Elevation Certificates and require incomplete or deficient certificates to be corrected.

Submit to FEMA, or require applicants to submit to FEMA, data and information necessary to maintain FIRMs, including hydrologic and hydraulic engineering analyses prepared by or for the (community), within six months after such data and information becomes available if the analyses indicate changes in base flood elevations.

Maintain and permanently keep records that are necessary for the administration of these regulations, including:

Flood Insurance Studies, Flood Insurance Rate Maps (including historic studies and maps and current effective studies and maps) and Letters of Map Change; and

Documentation supporting issuance and denial of permits, Elevation Certificates, documentation of the elevation (in relation to the datum on the FIRM) to which structures have been flood-proofed, other required design certifications, variances, and records of enforcement actions taken to correct violations of these regulations.

Enforce the provisions of these regulations, investigate violations, issue notices of violations or stop work orders, and require permit holders to take corrective action.

Advise the Board of Zoning Appeals regarding the intent of these regulations and, for each application for a variance, prepare a staff report and recommendation.

(13)

Administer the requirements related to proposed work on existing buildings:

Make determinations as to whether buildings and structures that are located in flood hazard areas and that are damaged by any cause have been substantially damaged.

Make reasonable efforts to notify owners of substantially damaged structures of the need to obtain a permit to repair, rehabilitate, or reconstruct, and prohibit the noncompliant repair of substantially damaged buildings except for temporary emergency protective measures necessary to secure a property or stabilize a building or structure to prevent additional damage.

(14)

Undertake, as determined appropriate due to the circumstances, other actions which may include but are not limited to: issuing press releases, public service announcements, and other public information materials related to permit requests and repair of damaged structures; coordinating with other Federal, State, and local agencies to assist with substantial damage determinations; providing owners of damaged structures information related to the proper repair of damaged structures in special flood hazard areas; and assisting property owners with documentation necessary to file claims for Increased Cost of Compliance (ICC) coverage under NFIP flood insurance policies.

(15)

Notify FEMA when the corporate boundaries of the County have been modified and:

Provide a map that clearly delineates the new County boundaries or the new area for which the authority to regulate pursuant to these regulations has either been assumed or relinquished through annexation; and

If the FIRM for any annexed area includes special flood hazard areas that have flood zones that have regulatory requirements that are not set forth in these regulations, prepare amendments to these regulations to adopt the FIRM and appropriate requirements, and submit the amendments to the board of supervisors for adoption; such adoption shall take place at the same time as or prior to the date of annexation and a copy of the amended regulations shall be provided to the Virginia Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management) and FEMA.

(16)

Upon the request of FEMA, complete and submit a report concerning participation in the NFIP which may request information regarding the number of buildings in the SFHA, the number of permits issued for development in the SFHA, and the number of variances issued for development in the SFHA.

(17)

Ensure that flood, mudslide, and flood-related erosion hazards, to the extent that they are known, are taken into account in all official actions relating to land management and use throughout the entire County, whether or not those hazards have been specifically delineated geographically (e.g. via mapping or surveying).

(h)

Severability. If any subsection, paragraph, sentence, clause, or phrase of this section shall be declared invalid for any reason whatever, such decision shall not affect the remaining portions of this section. The remaining portions shall remain in full force and effect; and for this purpose, the provisions herein are hereby declared to be severable.

(i)

Violations. Violations of any of the terms of this section shall be pursued in accordance with the provisions of § 24.1-109, Administration, enforcement, and penalties, of this Chapter and Article VI, Violations and penalties, of Chapter 7.1, Building Regulations.

(j)

Variances. Variances from the provisions of this section may be granted by the board of zoning appeals in accordance with the provisions of Article IX of this chapter except that the board of zoning appeals shall notify all applicants, in writing, that the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance and that such construction increases risks to life and property, both their own and others. A record shall be maintained of the above notification as well as all variance actions, including justification for the issuance of the variances. Any variances that are issued shall be noted in the annual or biennial report submitted to the Federal Insurance Administrator.

Variances shall be issued only after the board of zoning appeals has determined that:

There is good and sufficient cause;

Failure to grant the variance would result in exceptional hardship to the applicant; and

That the granting of the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with local laws or ordinances.

Variances shall be issued only after the board of zoning appeals has determined that the variance will be the minimum required to provide relief from exceptional hardship to the applicant.

Variances shall not be issued for any proposal located within a designated regulatory floodway if any increase in flood levels during the base flood discharge would result.

Nothing in this section shall be construed to supersede any requirements or procedures specified by the Virginia Uniform Statewide Building Code.

§ 24.1-374 HRM-Historic resources management overlay district.

[Ord. No. 08-17(R), 3-17-2009]

Statement of intent. In accordance with the objectives of the adopted comprehensive plan and specifically with § 15.2-2306, Code of Virginia, the purpose of the historic resources management overlay district is to protect the historic cultural resources of the County by ensuring that historic buildings and archeological sites are acknowledged, properly documented and protected or recovered as development activity occurs.

Applicability. The Historic Resources Management Overlay District shall apply to all properties in the County which have historic and archaeological resources present on the site as identified by the study entitled "Resource Protection Planning Revisited: James City County, York County, and City of Williamsburg" prepared by the Department of Archaeological Research, Colonial Williamsburg Foundation and/or as may be identified in the historic resources database maintained and managed by the Virginia Department of Historic Resources. In addition, the HRM overlay provision shall apply to all properties identified in the architectural resources database maintained and managed by the Virginia Department of Historic Resources.

Use regulations. Permitted uses, specially permitted uses, accessory uses, dimensional standards and special requirements shall be as established by the underlying zoning district, unless specifically modified by the requirements set forth herein.

Special requirements.

Archaeological sites.

A Phase I archaeological study performed in accordance with the Guidelines for Archaeological Investigations in Virginia, 1996 or as amended, published by the Virginia Department of Historic Resources, shall be undertaken in conjunction with all development proposals involving any properties within the HRM District. The Phase I study shall identify, in accordance with accepted practices, any sites potentially eligible for listing on the Virginia Landmarks Register or the National Register of Historic Places.

Potentially eligible sites recorded in the Phase I study that cannot be avoided by the development shall be further evaluated through the performance of a Phase II evaluation conducted in accordance with the referenced Guidelines. Sites that are to be avoided shall be cordoned-off in the field by orange-mesh snow fencing or other protective markings/delineations prior to any land disturbing activity on the property. The Phase II study shall be submitted to the County for review and approval.

At the conclusion of the Phase II evaluation and its approval as to compliance with the preparation Guidelines, if a site is determined not eligible for listing on the National Register of Historic Places, then development may occur within the subject area. If the site is determined to be potentially eligible for listing on the National Register, then the following mitigation options are available:

Avoidance. In cases where the resource is located outside of any areas that will be disturbed by development activities, the resource site may be avoided by setting aside the site and a sufficient perimeter buffer in an undisturbed natural area. National Register eligible archaeological sites that are to be avoided by the development shall be clearly marked on project construction maps. In addition, if ground clearing or construction activities will take place within 100 feet of the site area, then the site boundaries shall be cordoned-off in the field with orange snow fencing or other appropriate barrier.

Partial Avoidance and Data Recovery. In cases where the resource site is partially located within a natural area to be left undisturbed by development activities and partially within an area to be disturbed by development, data recovery shall be required for the site area to be impacted. The site area that is to be protected/preserved shall be clearly marked on project construction plans. In addition, if ground clearing or construction activities will take place less than 100 feet from the site, then the remaining resource boundaries shall be cordoned-off in the field with orange snow fencing or other appropriate barrier. A Treatment/Data and Resource Recovery Plan shall be completed and submitted to the zoning administrator for review and approval as to compliance with preparation guidelines.

Data and Resource Recovery. If the resource site cannot be avoided by development activities, then a Treatment Plan/Data and Resource Recovery Plan shall be completed and submitted to the zoning administrator for review and approval as to compliance with the preparation Guidelines.

Archaeological excavations being conducted in accordance with an approved Treatment/Data and Resource Recovery Plan shall be under the direct supervision of an archaeologist who meets the Secretary of the Interior's Professional Qualification Standards promulgated by the United States Department of the Interior. All work and resulting reports shall meet the Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation promulgated by the United States Department of the Interior and VDHR's guidance entitled, Guidelines for Preparing Identification and Evaluation Reports for Submission Pursuant to Sections 106 and 110, National Historic Preservation Act, Environmental Impact Reports of State Agencies, Virginia Appropriations Act, 1998 Session Amendments and Guidelines for Archaeological Investigations in Virginia June 1996, and any subsequent amendments to such guidelines. All field and laboratory methodology, as well as the final report, shall be conducted in accordance with standards set forth in the VDHR's Guidelines for Preparing Archaeological Resource Management Reports and will meet the qualifications set forth in the Secretary of Interior's Professional Qualification Standards.

Architectural structure.

The Secretary of the Interior's Standards for the Rehabilitation and Guidelines for Rehabilitating Historic Buildings shall be used in performing appropriate architectural studies or analyses of standing structures.

In the event of demolition of an architecturally or historically standing structures is proposed, the zoning administrator may require that a set of measured drawings be prepared by a licensed architect and filed with the County and the state historic preservation office prior to demolition occurring.

All archaeological and architectural studies shall be submitted to the zoning administrator for review and approval and shall be made a part of any development plan approval. All such reports or studies submitted to meet the requirements of this section shall include a signed statement by the preparer certifying that they have complied with all applicable research methodology and guidelines. The zoning administrator shall determine whether the studies have been prepared in accordance with the applicable guidelines through consultation with the Virginia Department of Historic Resources or through such other procedures as deemed appropriate.

Waiver of certain requirements. Upon written request from the developer, the zoning administrator may waive any of the above requirements deemed not to be necessary for the proposed project or where it is determined in writing by competent authority recognized by the zoning administrator or state historic preservation officer that the value of the historic resource is insignificant in comparison to the cost of required studies, recovery, or preservation plans.

§ 24.1-375 TCM-Tourist corridor management overlay district.

[Ord. O98-22, 11-4-1998; Ord. No. 05-13(R), 5-17-2005; Ord. No. 08-17(R), 3-17-2009; Ord. No. 10-24, 12-21-2010]

Statement of intent. In accordance with § 15.2-2306 Code of Virginia and the objectives of the comprehensive plan, the tourist corridor management overlay district regulations are designed and intended to protect the aesthetic and visual character of the transportation corridors leading into and through the designated historic districts of Williamsburg and Yorktown. All development proposed within these corridors shall be subject to procedures and standards in addition to those in the district regulations. Primarily this overlay district is intended to provide a positive visual experience for those visitors coming into and through the County. The provisions that follow include both requirements (using the word "shall") that must be met and recommendations (using the word "should") that suggest desirable features and treatments that property owners are encouraged to voluntarily incorporate into their building/site designs.

Applicability. The special provisions established in this section shall apply to development on parcels which are located along major tourist corridors used to access historic districts in Williamsburg and Yorktown that have been designated on the Virginia Landmarks Register. All lands within 250 feet of the following arterial rights-of-way shall be included in the overlay district. Where the property is bisected by this line, the overlay designation shall apply to all construction proposed beyond the 250-foot line to a depth of 500 feet, or to the boundary of the property, whichever is less:

George Washington Memorial Highway (Route 17) north of Cook Road.

Richmond Road (Route 60).

Bypass Road (Route 60).

Pocahontas Trail (Route 60).

Route 132.

Merrimac Trail (Route 143) west of Queen Creek.

Goosley Road (Route 238) east of Route 17.

Cook Road (Route 704), but excluding the east side of the road between Route 17 and Old York Hampton Highway (Route 634).

Colonial National Historical Parkway.

Second Street from Merrimac Trail to the City of Williamsburg boundary line.

Interstate 64 and any frontage roads (F-xxx) that abut and run parallel to the I-64 right-of-way.

Route 199.

The boundary of the tourist corridor overlay district shall be shown on the zoning map and shall be delineated as a surveyed line on any site plan or subdivision plat proposed for property located within this district. The boundary shall be measured from the future right-of-way line if the proposed development will be required to add right-of-way, either because of its traffic impact or if the roadway is shown on an adopted statewide, regional, or County plan as requiring additional right-of-way within a twenty-year period.

Use Regulations. Permitted uses, special permit uses, accessory uses, dimensional standards and special requirements shall be as established by the underlying zoning district, unless specifically modified by the requirements set forth herein.

Tree protection.

No person shall cut, destroy, move or remove any living, disease-free tree of any species having a trunk caliper of eight inches or larger, measured 4 1/2 feet above ground level, in conjunction with any development of land in this district unless and until final approval of required site plans and subdivision plans shall be obtained that authorizes such action.

No person shall cut or clear trees for any reason or for the sole purpose of offering land for sale. Land may, however, be underbrushed (bushhogged).

When located within a zoning district which permits such activity, the clear-cutting of trees strictly in conjunction with timbering or silvicultural activities is permitted provided that clearcutting shall not occur within 100 feet of the right-of-way of any corridor designated in this section and only when in compliance with a forest management plan approved by the Virginia Department of Forestry. The term "clear-cutting" as used herein shall mean the cutting of more than 25% of the trees located on the site.

Replacement of trees. Should the zoning administrator determine that trees eight inches in diameter or greater or vegetation which contributes to the buffering effect have been removed without specific site plan or subdivision plan approval for such removal, the zoning administrator shall require replacement of such trees or vegetation. The minimum height of the new replacement trees shall be 12 feet. The minimum height and spread of new shrubs shall be three feet. The zoning administrator may require replacement at ratios greater than 1:1 in recognition of the size, spacial coverage, and maturity differences between replacement trees and the trees being replaced. Ratios shall generally conform to the provisions of § 24.1-241 relating to tree credits for mature trees.

Special architectural standards along tourist corridors. No building exterior or structure including signs shall have architectural materials inconsistent in quality, appearance, or detail with other architectural materials commonly used in the District. Specific consideration shall be given to compatibility with adjacent properties, thus preventing an adverse impact to existing or future development which could cause a depreciation in property values.

Design and architectural features shall demonstrate consistency with the following provisions:

Large work area doors or open bays shall not open toward or face the external roadways.

Heating, ventilating and air conditioning equipment, duct work, air compressors, other fixed operating machinery shall be either screened from view or located so that such items are not visible from the highway. Large trash receptacles, dumpsters, utility meters, aboveground tanks, satellite dishes, antennas, etc., shall be similarly located or screened.

Fences in front of buildings on the site are discouraged, but if used, fencing shall be landscaped to minimize visibility from the external roads or be of a style which is harmonious with adjacent development. Security and screening fencing required by other terms of the Zoning Ordinance shall be permitted but shall be buffered from direct view by appropriate landscaping.

Long monotonous facade designs shall be avoided including, but not limited to, those characterized by unrelieved repetition of shape or form or by unbroken extension of line. Any front-facing facade greater than 50 feet in length shall incorporate wall plane projections or recesses or bay divisions extending at least 20% of the length of the façade. Architectural details such as foundation high-lights (belt courses, water tables), lintels, sills, awnings, contrasting cornices or bands of material at the first floor or roof level, projections at entries, wall and roof articulations, bay divisions, and other architectural treatments should be used to create visual interest and to avoid plain, unvaried facades.

Rooflines on large-scale buildings should be broken with features such as hips, cross gables and dormers. Flat-roofed structures should incorporate parapet walls or other treatments to provide visual interest as well as to shield any direct views of the roof deck or rooftop mechanical equipment. When renovating one-story buildings with flat roofs, consideration should be given to adding gable or hipped roofs, or parapet walls or other treatments to add height and visual interest.

Generally no more than three colors shall be used per building. Roofs and window glazing (e.g., tinted or reflective windows) shall not be counted against the three-color limitation. Semitransparent stains are recommended for application on natural wood finishes. Paint colors for exterior surfaces, including trim and accent features, shall be selected from the Corridor Overlay Color Palette which shall be defined as those exterior colors represented on such color charts as are approved by resolution adopted by the Board of Supervisors from time to time. The adoption of a particular color chart shall not be construed to require the use of paints from these companies and color matches from other paint suppliers will be acceptable. The Zoning Administrator shall have the authority to approve requests for use of other colors that are similar to and compatible with those specifically shown on the referenced and approved palette. The use of metallic colors, black (except as an accent or trim color), or fluorescent colors is not permitted. Trim and decorative materials made from wood, metal, composite materials, and concrete should be used where appropriate to contrast with wall materials. In the case of additions or redevelopment, if original quality building materials are to be retained, the new building materials should match or coordinate as closely as possible in terms of material, color and texture.

No portion of a building constructed of barren and unfinished concrete masonry unit (cinder block) or corrugated material or sheet metal shall be visible from any adjoining property or public right-of-way. This shall be not be interpreted to preclude the use of architectural block as a building material. Acceptable building materials for front or highly-visible elevations include, but are not limited to: brick, split-faced block, dryvit or other simulated stucco (EIFS), steel-surfaced/pre-finished insulated dimensional wall panels, pre-formed simulated brick or architectural block panels, and wood or synthetic clapboard siding. Attractive facade treatments are also encouraged on any elevation that is visible from an adjoining property.

Gasoline station canopies and bank, fast-food or other drive-thru establishment canopies shall be integrally related to the overall building design by using the same or complementary roof forms, materials, colors, and architectural treatments. Canopy lighting shall be recessed into the ceiling or framework of the canopy.

Building lighting shall be recessed under roof overhangs or generated from concealed source, low level light fixtures. Site lighting shall be from concealed sources (i.e., the luminaire or bulb itself is not visible), shall be of a clear white or amber light that does not distort colors, and shall not spill over onto adjoining properties, buffers, highways, or in any way impair with the vision of motor vehicle operators. Lighting fixtures or devices shall be of a directional or cut-off type capable of shielding the light source from direct view and providing well-defined lighting patterns. Exposed neon (gas-filled) tubing shall not be permitted on exterior building surfaces or on signs.

Free-standing signs shall be of a ground-mounted monument type and, with the exception of shopping center signs, shall not be larger than 32 square feet nor erected to a height greater than 10 feet. Other provisions of this chapter notwithstanding, shopping center signs shall be limited to a maximum area of 96 square feet and a maximum height of 15 feet. The use of colors commonly referred to as "neon" or "fluorescent" and which are unnaturally bright shades of red, orange, yellow, green, or blue shall not be permitted on signs.

Outdoor storage shall be permitted in accordance with the underlying zoning district, provided however, that all outdoor storage areas shall be screened so that they are not visible from public rights-of-way, internal roadways, and adjacent property. In the case of any new development established after the date of adoption of this section, the parking of any vehicles licensed as "trucks" by the Department of Motor Vehicles and used in the operation of the business shall be considered "outdoor storage" and shall be screened/buffered from view from public rights-of-way. This shall not be deemed to require screening of vehicles stopped temporarily for delivery/pick-up or loading/unloading. Outdoor display areas shall not encroach into any required front yard landscape area.

Parking areas shall have 10% of their surface areas in landscaped islands. Surface parking within 45 feet of a public road right-of-way shall be screened from direct view from the public road by shrubbery and earthforms.

(13)

Site landscaping shall be designed to blend the architecture of the structures on the site with the natural landscape and character of the surroundings.

(14)

Compliance with the provisions of this subsection shall be evidenced by the submission to the zoning administrator of the following plans and information, in addition to complying with all applicable provisions of the subdivision ordinance or Article V of this chapter:

Comprehensive sign plan including design, materials, and colors to be utilized.

Architect's or artist's rendering of all proposed structures depicting the front, side and rear elevations including architectural treatment of all structural exteriors to be visible from an external roadway, including building materials and colors to be utilized.

Rendering of the landscape treatment in perspective view depicting parking areas visible from public road. If appropriate, this rendering may be combined with the one in Subsection (f)(14)b above.

The location and design of all proposed exterior site lighting within the proposed development.

Photographs or drawings of neighboring uses and architectural styles.

(g)

Appeals. In the event the zoning administrator disapproves plans submitted under the provisions of this section or recommends conditions or modifications which are unacceptable to the applicant may request that such plans shall be forwarded to the planning commission for review and action at a public meeting at which the applicant shall have an opportunity to present its case and reasons for appeal. The plans shall be approved by the planning commission if it finds such plans to be in accordance with all applicable ordinances and consistent with the intent of protecting the aesthetic and visual character of the district. If the planning commission finds that such plans do not meet the above stated criteria, it shall deny approval of the plans or shall approve them with reasonable conditions which implement the intent of this district. This section shall not be interpreted to confer upon the planning commission any right to override the decision of the zoning administrator on any issue not directly related to the specific additional requirements of this section. In any case in which an applicant is dissatisfied with a decision of the planning commission, the applicant may appeal the decision to the board of supervisors within 30 days by filing a notice of appeal with the clerk of the board of supervisors. Said appeal shall be reviewed by the board of supervisors at a public meeting at which the applicant shall have an opportunity to present its case and reasons for appeal. In accordance with the terms of § 15.2-2306 of the Code of Virginia, the applicant shall be entitled to appeal the decision of the board of supervisors to the circuit court within 30 days of the board's decision.

§ 24.1-376 WMP-Watershed management and protection area overlay district.

[Ord. No. O98-18, 10-7-1998; Ord. No. 08-17(R), 3-17-2009]

Statement of intent. In accordance with the objectives of the comprehensive plan, the Watershed Management and Protection Area Overlay regulations are intended to ensure the protection of watersheds surrounding current or potential public water supply reservoirs. The establishment of these regulations is intended to prevent the causes of degradation of the water supply reservoir as a result of the operation or the accidental malfunctioning of the use of land or its appurtenances within the drainage area of such water sources.

Applicability. The special provisions established in this section shall apply to the following areas:

Areas designated on the Watershed management and protection area overlay district map, dated September 12, 2008, and made a part of this chapter by reference. (See Map III-2 in Appendix A)

Such other areas as may be determined by the zoning administrator through drainage, groundwater and soils analyses conducted by the department of environmental and development services to be essential to protection of such existing or potential reservoirs from the effects of pollution or sedimentation.

For the purposes of this section, the following terms shall have the following meanings:

BULK STORAGE: Storage equal to or exceeding 660 gallons in a single above-ground container.

DEVELOPMENT: Any construction, external repair, land disturbing activity, grading, road building, pipe laying, or other activity resulting in a change in the physical character of any parcel or land.

RESERVOIR: Any impoundment of surface waters designed to provide drinking water to the public.

TRIBUTARY STREAM: Any perennial or intermittent stream, including any lake, pond or other body of water formed therefrom, flowing either directly or indirectly into any reservoir. Intermittent streams shall be those identified as such on the most recently published United States Geological Survey Quadrangle Map, or the Soil Conservation Service Soil Survey of James City and York Counties and the City of Williamsburg, Virginia, or as determined and verified upon field investigation approved by the zoning administrator.

WATERSHED: Any area lying within the drainage basin of any reservoir.

Use regulations. Permitted uses, special permit uses, accessory uses, dimensional standards and special requirements shall be as established by the underlying zoning district, unless specifically modified by the requirements set forth herein.

The following uses shall be specifically prohibited within the WMP areas:

Storage or production of hazardous wastes as defined in either or both of the following:

Superfund Amendment and Reauthorization Act of 1986; and

Identification and Listing of Hazardous Wastes, 40 CFR 261 (1987).

Land applications of industrial wastes.

Special requirements.

Except in the case of property proposed for construction of an individual single-family residential dwelling unit, any development proposal, including the subdivision of land, in WMP areas shall be accompanied by an impact study prepared in accordance with the requirements set forth in Subsection (f) below.

A 200-foot wide buffer strip shall be maintained along the edge of any tributary stream or reservoir. The required setback distance shall be measured from the center line of such tributary stream and from the mean high water level of such reservoir. Such buffer strip shall be maintained in its natural state or shall be planted with an erosion resistant vegetative cover. In the case of tributary streams located upstream from a stormwater management facility designed to provide water quality protection, no buffer shall be required if such facility has been designed to accommodate and manage the quality of runoff from the subject site.

The zoning administrator may authorize a reduction in the 200-foot wide buffer down to an absolute minimum of 50 feet upon presentation of an impact study, as defined herein, which provides documentation and justification, to the satisfaction of the zoning administrator, that even with the reduction, the same or a greater degree of water quality protection would be afforded as would be with the full-width buffer. In granting such authorization, the zoning administrator may require such additional erosion control and runoff control measures as deemed necessary.

Except as provided below, all development shall be located outside of the required buffer strip.

The buffer strip requirement shall not apply to development which is appurtenant to the production, supply, distribution or storage of water by a public water supplier.

Encroachment into or through the required buffer by roads, main-line utilities, or stormwater management structures may be permitted by the zoning administrator provided the following performance standards are met:

Road and main-line utility crossings will be limited to the shortest path possible and that which causes the least amount of land disturbance and alteration to the hydrology of the watershed.

Stormwater management facilities located within the buffer must be designed to be a part of a watershed stormwater management program.

No more land shall be disturbed than is necessary.

Indigenous vegetation shall be preserved to the maximum extent possible.

Wherever possible, disturbed areas shall be planted with trees and shrubs.

The post-development non-point source pollutant loading rate shall be no greater than 90% of the pre-development pollutant loading rate.

Non-essential elements of the road or utility project, as determined by the zoning administrator, shall be excluded from the buffer.

When the property where an encroachment is proposed is owned by the entity owning and operating the water supply reservoir being protected, and such entity specifically and in writing authorizes and approves the encroachment, it shall be allowed.

In the case of permitted non-residential uses within the WMP areas, performance assurances shall be provided to guarantee that all runoff control and reservoir protection measures proposed in the impact study shall be constructed, operated and maintained so as to meet the performance criteria set forth in the study. The form of agreement and type of letter of credit or other surety shall be approved by the County attorney. The amount of the letter of credit or other surety and designated length of completion time shall be set by the zoning administrator.

The following uses shall not be permitted within the buffer strip required above or within 500 feet of the required buffer strip:

Septic tanks and drainfields;

Feed lots or other livestock impoundments;

Trash containers and dumpsters which are not under roof or which are located so that leachate from the receptacle could escape unfiltered and untreated;

Fuel storage in excess of 50 gallons [200L];

Sanitary landfills;

Activities involving the manufacture, bulk storage or any type of distribution of petroleum, chemical or asphalt products or any materials hazardous to a water supply (as defined in the Hazardous Materials Spills Emergency Handbook, American Water-works Association, 1975, as revised) including specifically the following general classes of materials:

Oil and oil products;

Radioactive materials;

Any material transported in large commercial quantities (such as in fifty-five-gallon [200L] drums), which is a very soluble acid or base, causes abnormal growth of an organ or organism, or is highly biodegradable, exerting a severe oxygen demand;

Biologically accumulative poisons;

The active ingredients of poisons that are or were ever registered in accordance with the provisions of the Federal Insecticide, Fungicide, and Rodenticide Act, as amended (7 U.S.C. § 135 et seq.); or

Substances highly lethal to mammalian or aquatic life.

Impact study.

The impact study shall be performed or reviewed by a registered professional engineer who shall certify that the study has been conducted in accordance with good engineering practices. The study shall address, at a minimum, the following topics:

Description of the proposed project including location and extent of impervious surfaces; on-site processes or storage of materials; the anticipated use of the land and buildings; description of the site including topographic, hydrologic, and vegetative features.

Characteristics of natural runoff on the site and projected runoff with the proposed project, including its rate, and chemical composition including phosphorus concentration, nitrogen concentration, suspended solids, and other chemical characteristics as deemed necessary by the zoning administrator to make an adequate assessment of water quality.

Measures proposed to be employed to reduce the rate of runoff and pollutant loading of runoff from the project area, both during construction and after.

Proposed runoff control and reservoir protection measures for the project and performance criteria proposed to assure an acceptable level and rate of runoff quality. Such measures shall be consistent with accepted best management practices and shall be designed with the objective of ensuring that the rate of surface water runoff from the site does not exceed pre-development conditions and that the quality of such runoff will not be less than pre-development conditions. Special emphasis shall be placed on the impacts of proposed encroachments into the required buffer.

Proposed methods for complete containment of a spill or leaching of any materials stored on the property which would or could cause contamination of drinking water sources.

Where the developer of property which is subject to the terms of this overlay district desires to utilize existing or planned off-site stormwater quality management facilities, the developer shall provide a written certification to the zoning administrator that the owner of the off-site facilities will accept the runoff and be responsible for its treatment to a level of treatment acceptable to the County and consistent with the requirements of this chapter.

Such study shall be submitted to the zoning administrator for review and approval concurrent with the submission of applications for review and approval of site or subdivision plans or applications for land disturbing or erosion and sediment control permits. A copy of the impact study shall also be forwarded to the agency which owns or manages the subject watershed for review and comments.

§ 24.1-377 Yorktown Historic District Overlay.

[Ord. No. 03-13(R-1), 12-2-2003; Ord. No. 08-17(R), 3-17-2009]

Statement of Intent.

The Yorktown Historic District is intended to promote and protect the historical significance, appearance, architectural quality, and general welfare of the Yorktown community through the identification, preservation, and enhancement of landmarks, buildings, structures, and areas which have special historical, cultural, architectural, or archaeological significance as provided by § 15.2-2306, Code of Virginia. The Historic District and the accompanying guidelines are drawn with the objective of protecting and improving the village character and ambiance and ensuring its preservation for the benefit of the residents of Yorktown and York County.

The preservation of the historical significance of Yorktown is of paramount importance and it is recognized that the deterioration, destruction, or alteration of Yorktown landmarks, buildings, structures, and significant areas may cause the permanent loss of unique resources which are of great value to the people of Yorktown and York County, the Commonwealth of Virginia, and the nation. These special controls and incentives are warranted to ensure that such losses are avoided when possible.

The purposes for establishing a special Yorktown Historic District zoning classification are:

To preserve and improve the historical significance of Yorktown for all residents of York County by protecting familiar and treasured visual and historical elements in the area.

To promote tourism by protecting historical and cultural resources attractive to visitors and thereby supporting local businesses.

To stabilize and improve property values by providing guidelines for the upkeep and rehabilitation of older structures and by encouraging desirable uses and forms of residential and commercial development.

To educate residents on the local cultural and historic heritage as embodied in the Historic District and to foster a sense of pride in this heritage.

To prevent the encroachment of buildings and structures which are architecturally incompatible with their environs within areas of architectural harmony and historic character.

Definitions.

Historic Yorktown Design Committee (HYDC) - A three-member board appointed by the York County Board of Supervisors, the purpose of which is to review and determine the appropriateness of proposed actions involving properties within the Historic District.

Certificate of Appropriateness - A statement signed by the Chair of the Historic Yorktown Design Committee, or his designee, which certifies the appropriateness of a particular request for the construction, alteration, reconstruction, repair, restoration, demolition, or razing of all or a part of any building or structure within the Historic District, subject to the issuance of all other permits needed for the matter sought to be accomplished.

Contributing Building/Structure - A building or structure within the Yorktown Historic district that was constructed between and including the years 1866 to 1945.

Demolition - The dismantling or tearing down of all or part of any building or structure and all operations incidental thereto.

Exterior Features - The architectural style, general design, and general arrangement of the exterior of a building or structure, including the kind and texture of the building material and the type and style of all windows, doors, light fixtures, signs, other appurtenant fixtures.

Pivotal Building/Structure - A building or structure within the Yorktown Historic District that was constructed in 1865 or before.

Non-Contributing Building/Structure - A building or structure within the Yorktown Historic District that was constructed in 1946 or later.

Yorktown Design Guidelines - The architectural design guidelines adopted by the Board of Supervisors in conjunction with the adoption of this overlay district and any subsequent amendments as may be adopted by the Board of Supervisors from time to time.

Application of District. The Yorktown Historic District, as designated by the Board of Supervisors, shall be shown as an overlay to the underlying zoning district(s) and shall serve as a supplement to those underlying district regulations.

Certificate of Appropriateness.

Within the Yorktown Historic District, no historic landmark or building or structure, including fences and signs, shall be erected, reconstructed, altered, restored, demolished, or moved until a certificate of appropriateness for such work has been issued as provided herein. The certificate of appropriateness shall be displayed on the work site.

In any case where the work to be performed requires the issuance of a permit or approval under other terms of the Zoning Ordinance or York County Code, no such permit shall be granted until a certificate of appropriateness has been approved and issued as required herein. The certificate of appropriateness shall be displayed on the site.

Actions Exempted from Review. Certain actions that are deemed not to permanently affect the character of the historic district shall be exempt from review. Such actions shall include the following and any similar actions, as determined by the Zoning Administrator, that will have no more effect on the character of the district than those listed:

Interior alterations.

Maintenance or repair which does not result in a change in exterior features and appearance (such as repainting resulting in the same color, re-roofing with a material that matches the existing, or gutter replacement that matches the existing). Painting of previously unpainted masonry surfaces is not exempt from review.

Changes to a structure that do not involve addition or demolition of building floor area or volume and are not subject to view from adjacent properties or rights-of-way.

Removal of television or radio antennas, solar collectors, and similar appurtenances.

Demolition of any building or structure that the Building Official orders, in writing, because of an unsafe or dangerous condition.

Landscaping.

Actions Permitted with Administrative Approval

Certain actions that are deemed to have only a minor effect on the character of the historic district may be approved by the Zoning Administrator upon submittal of an appropriate application form. Such actions shall include the following and any similar actions, as determined by the Zoning Administrator, which will have no more effect on the character of the district than those listed.

Additions or deletions to a structure which will not substantially change the architectural character of the structure and which are generally hidden from public view or inconspicuous in nature.

Construction of piers, docks, and bulkheads.

Outside storage on a business property that does not involve structural changes.

Painting the exterior of a structure or the face of an existing sign when using one of the colors shown on the approved palette of colors.

Demolition or moving of any building or structure other than a Pivotal structure.

Modification or extension of existing fences or walls along street frontages or side property lines and installation of new fences in rear yards.

The Zoning Administrator shall be guided by the standards and guidelines referenced in § 24.1-377(h) and shall have the authority to request modifications of a specific proposal in order that the proposal may comply with such standards and guidelines. In any case where the Zoning Administrator is uncertain of his or her authority to act on a particular application under this section or in any case where the Zoning Administrator and the applicant cannot agree on changes in the proposal, the application shall be referred to the HYDC for action. In the case of disapproval by the Zoning Administrator, the applicant may appeal the decision within 30 days to the HYDC. The Zoning Administrator shall keep a record of decisions under this section and shall report on such decisions to the HYDC at its next regular meeting.

(g)

Actions Requiring Approval by the Historic Yorktown Design Committee.

All actions not covered under § 24.1-377(e) or (f) above and any other actions not specifically exempted by the terms of this Article shall be permitted only after issuance of a certificate of appropriateness by the HYDC. Such actions include, but are not limited to:

Razing, demolishing, or moving a Pivotal building or structure.

Constructing a new building or structure.

Any addition to, or modification of, a building or structure which alters the square footage of the structure or otherwise alters its size, height, contour or outline, or color.

Any change or alteration of the exterior features and architectural style of a building including removal or rebuilding or porches, dormers, cupolas, stairways, terraces, and the like.

Addition or removal of one or more stories of a building or alteration of the roofline of such structures.

Construction of walls or fences as a new feature on street frontages or side property lines (i.e., when not an extension of a fence already located on the front or side property lines.

Any addition of, or alteration to, a sign, including changing the face or repainting the face if using colors not on the Yorktown Color Palette.

Painting or repainting a structure using colors that are not on the Yorktown Color Palette.

(h)

Standards and Guidelines for Review. In considering any request for a certificate of appropriateness, the following standards, and the Yorktown Design Guidelines, as adopted by the Board of Supervisors, and as may amended from time to time (which are incorporated into this ordinance by reference), shall be considered.

Generally, the following should be considered:

The relationship of the proposed changes to the historic, architectural or cultural significance of the structure and the surrounding district.

The appropriateness of the change in terms of architectural compatibility with the distinguishing historic and architectural features of the structure and the district. Architectural compatibility shall be judged in terms of a proposed structure's mass, dimensions, materials, color, ornamentation, architectural style, lighting, and other criteria deemed pertinent.

For renovations to Pivotal structures (pre-1865), the conformance of the change with the standards established by the U.S. Secretary of the Interior for the rehabilitation of historic buildings.

For new construction, the following shall apply:

The design for new construction shall be sensitive to and take into account the special characteristics that the district is established to protect. Such considerations are to include building scale, height, orientation, site coverage, spatial separation from other buildings, facade and window patterns, entrance and porch size and general design, materials, texture, color, architectural details, roof forms, emphasis of horizontal or vertical elements, walls, fences, and any other features deemed appropriate by the reviewing authority (Zoning Administrator or HYDC).

The design of the new construction shall recognize the relationships among buildings in the immediate setting rather than specific styles or details since architectural styles and details may throughout the Historic District.

For signage, the following shall apply:

Signs shall be compatible with and relate to the design elements of the building they are associated with or attached to, rather than obscure or disrupt such design features.

Signs shall be compatible with other signs and buildings in the district and adjacent to the property.

Compatibility shall be judged in terms of dimensions, materials, color, letter style and placement, lighting, and overall general effect on the building and Historic District.

For accessory structures, the following shall apply:

Existing characteristic features such as trees, walls, fencing, walkways and other similar structures or site features that reflect the building's or district's history and development shall be retained.

Accessory structures shall be appropriate to and compatible with the architectural features of the primary structure and the district.

(i)

Historic Yorktown Design Committee.

Creation - For the general purposes of this Article and specifically to preserve and protect the historic character of Yorktown, there is hereby created a committee to be known as the Historic Yorktown Design Committee (HYDC) to be composed of three voting members. The members of the HYDC shall be appointed by the Board of Supervisors. The Board of Supervisors may, at its discretion, also appoint up to two alternate members to be called upon to sit with the Committee as regular voting members from time to time to ensure that a quorum is present.

Terms - The members of the HYDC shall serve overlapping terms of four years. Initially, one member shall be appointed for a term of one year, one member shall be appointed for a term of two years, one member shall be appointed for a term of three years. Thereafter, all appointments shall be made for a term of four years. Reappointments shall be in accordance with such policies as may be established by the Board of Supervisors. Vacancies on the HYDC shall be filled within 60 days of the vacancy occurring.

Removal - Any member of the HYDC may be removed from office by the Board of Supervisors for inefficiency, neglect of duties, or malfeasance. An appointment to fill a vacancy shall be only for the unexpired term of the vacancy.

Composition of the Board - Members of the HYDC shall be residents of York County and shall be residents or property owners from the Yorktown Historic District.

Officers - The HYDC shall elect from its own membership a chair and vice chair who shall serve annual terms and may be elected to successive terms. The secretary of the HYDC shall be a staff member in the employ of the County.

Powers and Responsibilities - The HYDC shall be responsible for administering and overseeing the implementation of the Yorktown Design Guidelines and shall have the power and authority to issue or deny certificates of appropriateness for construction, reconstruction, exterior alteration, demolition, and relocation within the historic district The HYDC shall also assist and advise the Board of Supervisors and property owners in matters involving historically significant sites and buildings or other properties in the Historic District.

Records of Meetings - A record shall be kept of all pertinent information presented at all meetings and of all decisions by the HYDC.

Annual Report - The HYDC shall report on an annual basis to the Board of Supervisors on its activities.

(j)

Applications for and Processing of Certificates of Appropriateness.

Pre-application Conference - Prior to the formal submission of a proposed plan and application for a certificate of appropriateness, the applicant or his or her representative may hold a conference with York County staff concerning the proposal. At that time the applicant is encouraged to submit and discuss I preliminary studies of the concept of the proposed action and seek comments and recommendations.

Information Required - Applications for certificates of appropriateness shall be submitted on a form available from the County. In general, information required will include a site plan, if appropriate, current color photographs of the subject building, structure or site and adjacent buildings and sites, elevations where exterior changes are proposed, information on proposed ground disturbances, and samples of or information describing the materials to be used, including color samples. Other material as may be necessary will be listed on the application form. The staff or the HYDC may also require additional information including, but not limited to, models, visual simulations, and color renderings.

Frequency of Meetings - The HYDC shall hold an annual meeting each year during the month of January and shall, at the annual meeting, adopt a schedule of regular monthly meeting dates for the balance of the calendar year. The HYDC shall meet at least once in each calendar month, provided, however, it need not meet if no applications have been filed or are pending. Applications for HYDC review shall be filed at least 21 days prior to the date of the meeting at which the request is to be considered.

Public Notice - Meetings of the HYDC shall be open to the public. Notice shall be given to all applicants and adjacent property owners and notice of all meetings of the HYDC, and the applications to be reviewed shall be set at least seven days prior to the meeting. A sign shall be posted on the subject property by the County indicating the date of the hearing to consider the applicant's request. The HYDC may accept written and oral comments concerning applications under consideration.

Standards and Guidelines for Review - The HYDC shall be guided in its discussion and review of applications by the standards and guidelines set forth in § 24.1-377(h).

The HYDC shall give reasons for its decisions, shall act promptly on applications before it, and shall coordinate its procedures with those of other agencies and individuals charged with the administration of this Chapter and other provisions of the York County Code.

The HYDC is not required to limit new construction, alterations, or repairs to the architectural style of any one period and may seek advisory assistance from experts in such fields, as it may deem necessary and appropriate.

Decisions and Findings - In all final decisions rendered, the HYDC shall briefly state its findings in writing, and in the case of disapproval, it may make recommendations to the applicant with respect to changes in the design, texture, material, color, line, mass, dimension or lighting of the alteration or improvements that would make it approvable. Such findings and recommendations shall be set forth in the regularly maintained minutes of the HYDC.

Within five business days of approval of a request, a certificate of appropriateness, signed by the secretary of the HYDC and the Zoning Administrator and bearing the date of issuance, shall be issued, attached to the application, and forwarded to the applicant. Once the certificate has been issued, the Zoning Administrator shall routinely inspect the work being performed to ensure compliance with the terms of the certificate of appropriateness.

Timely Action - The HYDC shall have 65 days from the receipt of a completed application to render its decision. If no decision has been made by the HYDC within this time frame, and no mutual agreement between the applicant and the HYDC has been made for the extension of the time period, the Zoning Administrator shall submit the application to the Board of Supervisors, which shall review the application in the same manner as if a decision of the HYDC had been appealed.

Action on Related Permits - The Building Official shall not issue a permit for any erection, reconstruction, exterior alteration, restoration, demolition, or razing of a building or structure in the Historic District until the same has been reviewed and approved by the Zoning Administrator, the HYDC as required herein, or on appeal by the Board of Supervisors or the circuit court.

Expiration of Certificates of Appropriateness - Any certificate of appropriateness issued pursuant to this article shall expire 12 months from the date of issuance if the work authorized thereby has not been commenced and diligently and substantially pursued. Such certificate shall also expire and become null and void if such authorized work is suspended or abandoned for a period of 12 months after being commenced. On written request from an applicant, the HYDC may grant a single extension of its approval for a period of up to one year if, based upon submissions from the applicant, the HYDC finds that conditions on the site and in the area of the proposed project are essentially the same as when approval originally was granted.

(k)

Applications for Demolition (Reference § 15.2-2306 A.3, Code of Virginia)

Prior to the issuance of a certificate of appropriateness for demolition of a Pivotal building or structure within the district, the HYDC shall make the following findings:

The purpose and necessity of the demolition are in accordance with the intent of the historic district.

Loss of the structure would not be adverse to the district or the public interest by virtue of its uniqueness or its significance to the district.

Demolition would not have an adverse effect on the character and surrounding environment of the district.

Where a development plan for a new use of the site is proposed and submitted, the HYDC shall review the proposed development pursuant to the regulations and intent of the district. Consideration shall be given to the benefits of the proposed development and the trade-offs for demolition of the building or structure.

In addition to the authorization procedures set out above and the right of appeal as set forth in § 24.1-377(l), the owner of a Pivotal building within the district shall as a matter of right be entitled to demolish such Pivotal building provided that:

The property owner has applied, on appeal, to the Board of Supervisors for such right; and

The owner has for the period of time set forth in the time schedule and cost parameters set forth in § 15.2-2306A3 of the Code of Virginia, 1950, as it may be amended from time to time, made a bona fide offer to sell such building and the land pertaining thereto, to the County, or to any person, firm, corporation, government or agency thereof, which gives reasonable assurance that it is willing to preserve and restore the building and the land pertaining thereto; and

No bona fide contract binding upon all parties thereto shall have been executed for the sale of any such building and the land pertaining thereto, prior to the expiration of the application time period set forth in the time schedule contained in § 15.2-2306A3 of the Code of Virginia, 1950, as it may be amended from time to time.

Before making a bona fide offer to sell, as provided herein, an owner shall first file a statement with the Zoning Administrator identifying the property, stating the offering price, the date the offer of sale is to begin and the name of the real estate agent. No time period as set forth in the schedule above shall begin to run until such statement has been filed. Within 14 days of receipt of a statement, the Zoning Administrator shall distribute copies to the Board of Supervisors, the Historic Yorktown Design Committee, and the County Administrator.

Any appeal taken to the Court with respect to a decision of the Board of Supervisors concerning demolition shall not affect the right of the owner to make the bona fide offer to sell referred to above; provided, however, that no offer to sell shall be made more than one year after a final decision by the Board of Supervisors but, thereafter, the owner may renew his request to the Board of Supervisors for authorization of the demolition.

(l)

Appeals.

Appeal to the Board of Supervisors - In any case in which the applicant is dissatisfied with the decision of the HYDC on an application for a certificate of appropriateness the applicant may appeal the decision to the Board of Supervisors within 30 days of the decision by filing a notice of appeal with the Clerk of the Board of Supervisors. In exercising its powers, the Board of Supervisors may, in conformity with the provisions of this Article, reverse or affirm, wholly or partly, or may modify, an order, requirement, decision, or determination made by the HYDC and make such order, requirement, decision, or determination as ought to be made.

Appeal to the Circuit Court - The applicant or the aggrieved owner of any property that is adjacent to the subject property shall have the right to appeal any final decision of the Board of Supervisors pursuant to this article to the Circuit Court by following the procedure set out in § 15.2-2306 of the Code of Virginia, 1950, as amended.

§ 24.1-378 Route 17 corridor overlay district.

[Ord. No. 05-13(R), 5-17-2005; Ord. No. 10-24, 12-21-2010]

Statement of intent. In accordance with § 15.2-2306 of the Code of Virginia and the objectives of the comprehensive plan, the Route 17 corridor overlay district regulations are designed and intended to protect the aesthetic and visual character of the Route 17 corridor leading to the Yorktown historic district. All development proposed within the corridor shall be subject to the procedures and standards set forth in this section in addition to those required by the underlying district regulations. Primarily, this overlay district is intended to provide a positive visual experience for those visitors coming into and through the County along this corridor. The provisions that follow include both requirements (using the word "shall") that must be met and recommendations (using the word "should") that suggest desirable features and treatments that property owners are encouraged to voluntarily incorporate into their building/site designs.

Applicability. The special provisions established in this section shall apply to development on parcels which are located along Route 17 between the Newport News city line and Cook Road. The overlay designation shall apply to all parcels with frontage on Route 17 and shall extend to the depth of the property or 500 feet, whichever is less.

The boundary of the tourist corridor overlay district shall be shown on the zoning map and shall be delineated as a surveyed line on any site plan or subdivision plat proposed for property located within this district. The boundary shall be measured from the existing right-of-way line, or the future right-of-way line if the proposed development will be required to add right-of-way either because of its traffic impact or if the roadway is shown on an adopted statewide, regional, or County plan as requiring additional right-of-way within a twenty-year period.

Special architectural standards.

No portion of a building facade facing (i.e., parallel to) or highly-visible from a public right-of-way shall be constructed of barren or unfinished concrete masonry unit (cinder block), corrugated material, sheet metal or vertical metal siding. Acceptable building materials for front or highly-visible elevations include, but are not limited to: brick, split-faced block, dryvit or other simulated stucco (EIFS), steel-surfaced/pre-finished insulated dimensional wall panels, pre-formed simulated brick or architectural block panels, and wood or synthetic clapboard siding, Attractive facade treatments are also encouraged on any elevation that is visible from an adjoining property.

Any front-facing facade greater than 50 feet in length shall incorporate wall plane projections or recesses or bay divisions extending at least 20% of the length of the facade. Architectural details such as foundation highlights (belt courses, water tables), lintels, sills, awnings, contrasting cornices or bands of material at the first floor or roof level, projections at entries, wall and roof articulations, bay divisions, and other architectural treatments should be used to create visual interest and to avoid plain, unvaried facades.

Large work area doors or open bays that open toward or face Route 17 should be avoided. Such features, whether front, side or rear-facing, shall be buffered from view from view from Route 17, adjacent roadways and development by architectural elements and/or decorative fencing and/or evergreen landscaping.

Fences in front of buildings on the site are discouraged, but if used, fencing shall be landscaped to minimize visibility from the external roads or be of a decorative style that is harmonious with adjacent development. Security and screening fencing required by other terms of the Zoning Ordinance shall be permitted but wherever possible shall be buffered from direct view by appropriate landscaping.

Generally no more than three colors shall be used per building. Roofs and window glazing (e.g. tinted or reflective windows) shall not be counted against the three-color limitation. Paint colors for exterior surfaces, including trim and accent features, shall be selected from the Corridor Overlay Color Palette which shall be defined as those exterior colors represented on such color charts as are approved by resolution adopted by the Board of Supervisors from time to time. The adoption of a particular color chart shall not be construed to require the use of paints from these companies and color matches from other paint suppliers will be acceptable. The Zoning Administrator shall have the authority to approve requests for use of other colors that are similar to and compatible with those specifically shown on the referenced palette. Semitransparent stains are recommended for application on natural wood finishes. The use of metallic colors, black (except as an accent or trim color), or fluorescent colors is not permitted. Trim and decorative materials made from wood, metal, composite materials, and concrete should be used where appropriate to contrast with wall materials. In the case of additions or redevelopment, if original quality building materials are to be retained, the new building materials should match or coordinate as closely as possible in terms of material, color and texture.

The use of colors commonly referred to as "neon" or "fluorescent" and which are unnaturally bright shades of red, orange, yellow, green, or blue shall not be permitted on signs.

Site landscaping should be designed to blend the architecture of the structures on the site with the natural landscape and character of the surroundings.

Comprehensive sign plan including design, materials, and colors to be utilized.

Rendering or photo-simulation of the landscape treatment in perspective view depicting parking areas visible from public road. If appropriate, this rendering may be combined with the one in Subsection (d)(12)b above.

The location and design of all proposed exterior site lighting within the proposed development.

Photographs or drawings of neighboring uses and architectural styles.

§ 24.1-379 Commercial corridor revitalization overlay district.

[Ord. No. 05-13(R), 5-17-2005; Ord. No. 17-12, 9-19-2017]

Statement of Intent: The Commercial Corridor Revitalization Overlay District is established to encourage re-use and redevelopment of physically constrained properties, as defined herein, in a manner that is beneficial for the corridor and economically viable for the property owner. The district is designed to provide additional flexibilities for development and redevelopment situations on such properties with the objective of restoring those properties to an economically viable and attractive component of the commercial corridor.

Permitted Uses: All uses permitted as a matter of right and by special use permit shall remain as established in the underlying zoning district regulations, unless specifically noted in this section.

Special Performance Standards: The following special performance standards shall apply to such physically constrained properties as may be located along Routes 17, 60 (Bypass Road/Richmond Road) and 143 (Merrimac Trail). Where the overlay district provisions impose a lesser standard than the provisions established elsewhere in the Zoning Ordinance, the less restrictive standards shall apply.

Physically constrained properties shall be those which have the following characteristics:

Lot width is less than 80 feet or lot depth is less than 100 feet; or

Lot size is less than 20,000 square feet; and

Buildings or site improvements are situated so as not to comply with applicable setback or other dimensional standards prescribed for the underlying district (the applicable setback dimension shall take into account any right-of-way reservation requirement that would apply to the property based on programmed road improvements); and

The property has been designated as blighted by resolution of the Economic Development Authority. For the purposes of this section, blighted properties shall be deemed to be those with buildings or improvements which, by reason of dilapidation, obsolescence, over-crowding, faulty arrangement of design, lack of ventilation, light and sanitary facilities, excessive land coverage, deleterious land use or obsolete layout, or any combination of these or other factors, are detrimental to the safety, health or welfare of the community and the appearance and economic vitality of the subject corridor:

Damage or Destruction: The provisions of § 24.1-802(b) notwithstanding, where a nonconforming building or structure located on a property meeting the above criteria is demolished on the owner's initiative, a new building or structure may be constructed on the site meeting the same setbacks as previously existed, provided however, that for the new structure no front setback shall be less than 30 feet and no side or rear setback shall be less than five feet and provided further that the new structure is architecturally compatible with its surroundings and will contribute positively to the surroundings, as determined by the zoning administrator in consultation with the Economic Development Authority. Such thirty-foot setback shall be measurable from the existing front property line and the normal requirement to measure setback dimensions from the boundary of any right-of-way reserve area shall not apply, provided however, that no structure shall be placed less than 10 feet from any right-of-way reservation line.

Additions: The provisions of §§ 24.1-802(a) and 24.1-804 notwithstanding, additions to a building with nonconforming setbacks on a property meeting the above criteria may be constructed in line with any existing nonconforming front setback dimension of 30 feet or more, provided that no side or rear setback shall be less than five feet, and provided further that the exterior of the blighted structure shall be renovated or repaired so that the existing structure and the addition are architecturally compatible and contribute positively to their surroundings, as determined by the zoning administrator in consultation with the Economic Development Authority. In no event shall an addition be permitted if it would have a setback of less than 10 feet from any right-of-way reservation line.

Landscaping: The provisions of § 24.1-244 notwithstanding, the front landscape yard dimension on a property meeting the above criteria may be reduced by one foot for every one foot in depth of public right-of-way adjoining the property that is suitable for installation of landscaping (e.g., those areas which are located outside and behind ditches or behind curb lines, and which are not encumbered by utilities, needed for future road widening, or otherwise unsuitable for the establishment and maintenance of landscape plantings), and which the property owner agrees in writing to landscape and maintain, provided that the Virginia Department of Transportation shall consent to the establishment of the landscaping. The maximum reduction in the depth of the landscape yard available under this provision shall be 10 feet. The property owner shall be responsible for landscaping and maintaining the subject area, both the private and public property areas, in accordance with the front yard landscape planting ratios and requirements specified in this Chapter.

Parking:

Paving: The provisions of § 24.1-607 notwithstanding, the Zoning Administrator may authorize the continued use or expansion of an existing gravel parking lot for a reuse or redevelopment proposal on a property meeting the above criteria where paving would be the sole cause for installation of stormwater management facilities to address water quality issues. Such authorization shall be contingent on the following:

The property owner shall install appropriate timber-bordered landscape islands and other delineators to define circulation aisles and parking spaces;

The parking lot shall be surfaced in a brown river stone aggregate mix with sufficient variation in stone sizes to ensure proper compaction and maneuverability; and

The parking lot shall be screened from view from the subject corridor or other abutting roads by landforms and/or an evergreen hedgerow or similar landscape treatment approved by the Zoning Administrator.