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County of York, VA
 
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Table of Contents
Table of Contents
Administrative permits may be issued for a temporary carnival, circus, fair, festival, or similar special event in any zoning district subject to the following:
(a) 
The applicant or property owner shall post a letter of credit, cash, or similar guarantee in the amount of $5,000 with the zoning administrator to ensure that the grounds are left in a clean and sanitary manner. The zoning enforcement officer shall, within 10 days after the closing of such use, make a written report to the zoning administrator on the conditions of the grounds. If the above provisions have not been satisfied, the zoning administrator shall require the forfeiture of said guarantee in an amount sufficient to cover the cost of cleaning the area. The zoning administrator may waive or reduce the guarantee for bona fide non-profit civic groups which are located, organized, meet and operate in York County.
(b) 
Prior to authorizing the opening of any such use to the public, the zoning administrator shall be satisfied that all enclosures, equipment, and facilities are:
(1) 
Equipped with safe and adequate plumbing, sanitary facilities and water supply, as required by the plumbing code;
(2) 
Equipped with safe and adequate electrical wiring, as required by the electrical code;
(3) 
Equipped with adequate and properly identified exit ways;
(4) 
Equipped with safe and adequate seating, if required;
(5) 
Treated so as to be fire resistant; and
(6) 
In general, a safe place for people to gather.
(c) 
Adequate provisions shall be made for parking and safe and convenient ingress and egress. A sketch plan for such parking and circulation shall be submitted to the zoning administrator for review and approval. Access to the site shall be via a driveway constructed in accordance with all applicable Virginia Department of Transportation standards for temporary access. Parking of vehicles associated with such use on any street or highway right-of-way shall be cause for revocation of the permit unless such parking arrangements are specifically requested and shown on the sketch plan at time of application and approved as part of the issuance of the permit.
[Ord. No. 08-17(R), 3-17-2009]
Administrative permits may be issued for the temporary outdoor sale of produce or other seasonal commodities subject to the following provisions:
(a) 
The maximum term for any administrative permit authorized under this section shall be one one-hundred-twenty period during any year.
(b) 
The applicant for such permit shall provide written evidence to the zoning administrator of the approval of the owner of the property on which such sale is to be conducted.
(c) 
Prior to the opening of any such use, the director of public safety and the zoning administrator shall verify that all applicable code requirements have been met.
(d) 
The applicant shall post a surety by cash or certified check in the amount of $500 to ensure that the site shall be maintained in a clean and sanitary condition at all times and shall be satisfactorily cleaned and restored subsequent to termination of the activity. The zoning enforcement officer shall, within 10 days of the closing of such use, report to the zoning administrator concerning the condition of the grounds and any corrective measures deemed necessary. The zoning administrator may waive or reduce the surety for bona fide non-profit civic groups which are located organized, meet, and operate in York County or when the applicant provides documentation satisfactory to the zoning administrator that the property owner will enforce the property maintenance/clean-up requirement (e.g., as a condition of the applicant's lease).
(e) 
No such sale, if conducted on the site of an existing development, shall infringe upon any parking spaces required for such development. The zoning administrator shall determine that sufficient and accessible off-street parking spaces are available to serve the patrons of such operation prior to its authorization.
(f) 
The provisions of this section shall apply to each site operated by a single vendor on a site-by-site basis.
[Ord. No. 19-1(R), 3-19-2019]
Administrative permits may be issued for collection receptacles for recyclable materials which are available for use by the general public and are used temporarily or on a regularly scheduled occasional basis. The provisions of this section do not apply to individual recycling bins or receptacles used by individual homeowners or businesses.
(a) 
Such receptacles shall be intended to serve as collection points for recyclable materials such as paper, glass, metal, clothing and similar items.
(b) 
Such receptacles shall be clearly incidental and subordinate to the principal use of the property on which they are located.
(c) 
The receptacles shall not infringe on any vehicular or pedestrian access or circulation routes.
(d) 
The receptacle shall be positioned on the property so that it is readily accessible and so that adequate off-street parking space is available for persons desiring to deposit items in it.
(e) 
The receptacle, which may be a trailer, shall not be placed on a permanent foundation, nor shall it be connected to any utilities other than electrical service.
(f) 
A sign, not to exceed 16 square feet in area, may be painted on or otherwise permanently affixed to the receptacle.
(g) 
The applicant shall furnish written evidence of the approval of the owner of the property on which the receptacle is to be located.
(h) 
The applicant shall be responsible for the proper maintenance of the receptacle and the timely retrieval of deposited materials. No materials, litter, or debris shall be allowed to accumulate around or overflow from the approved collection receptacle.
(i) 
All applicable state and local business license regulations shall be complied with.
Temporary administrative permits may be issued for craft sales and shows operated on a temporary basis subject to the following provisions:
(a) 
The applicant shall provide written evidence to the zoning administrator of the consent of the owner of the property on which such sale is to be conducted.
(b) 
The dates of the sale or show and hours of operation shall be noted as part of the permit application and approval. Craft shows or sales shall not extend for longer than seven consecutive days.
(c) 
Goods, materials, or products associated with such uses shall not be stored out of doors on the site when said use is not in operation provided, however, that this restriction shall not apply to overnight storage between consecutive days of operation. For purposes of this section, Saturday and Monday shall be construed as consecutive days if the craft show or sale is not operated on the intervening Sunday.
(d) 
Access to the site shall be via a driveway constructed in accordance with all applicable Virginia Department of Transportation standards for temporary entrances.
(e) 
Vendor displays shall be arranged on the site so as to facilitate safe and convenient vehicular and pedestrian circulation.
(f) 
All parking demand generated by the vendors and patrons of the use must be accommodated by an off-street arrangement. Such off-street parking spaces shall be arranged so as to ensure safe and convenient pedestrian and vehicular circulation. Parking of vehicles associated with such use on any street or highway right-of-way shall be cause for revocation of the permit.
(g) 
Such use shall be operated in a clean and sanitary manner. All trash and debris shall be appropriately disposed of during and after each day of operation.
(h) 
The site shall be cleaned and restored subsequent to termination of the activity.
(i) 
All applicable state and local business license regulations shall be complied with.
(j) 
No more than one craft show or sale may be operated on a parcel in any sixty-day period.
[Ord. No. 01-20(R), 10-16-2001]
Special use permits may be issued for flea markets operated on a temporary basis subject to the following provisions, the compliance with which shall be indicated on a detailed sketch plan drawn to scale submitted at the time of application.
(a) 
Outdoor flea markets may be operated only during daylights hours and for a maximum of seven consecutive days.
(b) 
Goods, materials, or products associated with such uses shall not be stored out of doors on the site when the use is not in operation provided, however, that this restriction shall not apply to overnight storage between consecutive days of operation.
(c) 
Access to the site shall be via a driveway constructed in accordance with all applicable Virginia Department of Transportation standards for temporary commercial entrances.
(d) 
Vendor displays shall be arranged on the site so as to facilitate safe and convenient vehicular and pedestrian circulation and their locations shall be included on the sketch plan to permit review and analysis.
(e) 
All parking demand generated by the vendors and patrons of the use must be accommodated by an off-street arrangement. Such off-street parking spaces shall be arranged so as to ensure safe and convenient pedestrian and vehicular circulation. Parking of vehicles associated with such use on any street or highway right-of-way shall be cause for revocation of the permit.
(f) 
The applicant shall post a surety by cash, certified check, or letter of credit in the amount of $5,000 to ensure that the site is maintained in a clean and sanitary condition at all times and is satisfactorily cleaned and restored subsequent to termination of the activity. The zoning enforcement officer shall, within 10 days after the closing of the use, make a written report to the zoning administrator on the condition of the grounds. If the site has not been satisfactorily cleaned, the zoning administrator shall require the forfeiture of the performance guarantee. The zoning administrator may waive or reduce the surety for bona fide non-profit civic groups which are located, organized, meet, and operate in the County.
(g) 
All applicable state and local business license procedures and requirements shall be observed.
(h) 
No more than one flea market per ninety-day period shall be operated on a parcel.
[Ord. No. 08-17(R), 3-17-2009]
Administrative permits may be issued for trailers and industrialized building units used in conjunction with construction or land disturbing projects subject to the following:
(a) 
Such use shall be in conjunction with a bona fide construction or land disturbing project for which all necessary state and local permits have been obtained.
(b) 
The use, for office or storage purposes, of an industrialized building unit which meets the definition of "manufactured home," as established in § 24.1-104, may be authorized; however, such unit shall in no instance be utilized for residential purposes.
(c) 
The installation of construction trailers and offices shall be subject to all applicable permits and inspections as required by the Virginia Uniform Statewide Building Code.
(d) 
The location of such units on the site shall be in conformance with all applicable yard requirements of the zoning district in which located.
(e) 
The applicant shall post a surety by cash, certified check, or letter of credit in the amount of $2,000 per trailer or building, not to exceed $10,000 per construction or land disturbing project, to guarantee the removal of such temporary trailer or building. Alternatively, the applicant may execute an agreement with the Building Official acknowledging that the Certificate of Occupancy for the site will be withheld until the temporary trailer is removed from the site.
(f) 
The permit shall be issued for a period not to exceed one year; however, such permit may be extended when the zoning administrator finds just cause.
Administrative permits may be issued for the use of existing homes or manufactured homes for residential occupancy during construction of a permanent residence, subject to the following:
(a) 
The existing home or the manufactured home shall be located on the lot upon which the permanent residence is being constructed and its use shall be limited to temporary occupancy by the owner of the lot. A building permit for construction of the permanent residence shall be secured prior to installation of a manufactured home.
(b) 
The permit shall be valid for a period of one year and may be renewed once by the zoning administrator for an additional one year period, if necessary. Additional extensions shall be authorized only by special use permit issued by the board in accordance with the procedures established in Article I.
(c) 
At, or prior to the expiration of the permit or at the completion of construction, whichever occurs first, the existing dwelling shall be demolished and the debris removed, or the manufactured home shall be removed. No permanent certificate of occupancy shall be issued for the dwelling until the manufactured home has been removed or the existing dwelling demolished and the debris removed.
(d) 
If a manufactured home is utilized, its installation shall be subject to all inspections and approvals as required by the Virginia Uniform Statewide Building Code. Furthermore, the manufactured home shall be certified as meeting the "Manufactured Home Construction and Safety Standards" promulgated by the U.S. Department of Housing and Urban Development.
(e) 
The owner of the lot shall post a surety by cash, certified check, or letter of credit in the amount of $2,500 or the estimated cost of demolition and debris removal, whichever shall be greater, to ensure compliance with all provisions of this section.
[Ord. No. 08-17(R), 3-17-2009]
Administrative permits may be issued for the temporary use of trailers for office or business purposes subject to the following provisions:
(a) 
Except as provided herein, the use of trailers for office, or business purposes shall be only on a temporary basis while permanent usable space is under construction.
(b) 
Issuance of building permits for such permanent construction activity shall be a prerequisite for authorization of a temporary administrative permit for a temporary trailer. Such trailer(s) shall be removed from the site within 14 days of the lapse of actual and substantial construction activity, expiration of an active building permit for the project, or issuance of the certificate of occupancy, whichever occurs first. Actual and substantial construction activity shall be determined by the zoning administrator, but in no case shall an administrative permit remain valid if there has been a continuous period of lapse in actual and substantial construction activity of 90 days. The maximum term of any permit issued under the terms of this section shall be 180 days; however, renewals may be authorized by the zoning administrator for good cause shown.
(c) 
All such trailers to be used for human occupancy shall meet all applicable building and fire code requirements.
(d) 
The subject trailer shall be located on the site in a position which does not impede construction of the permanent commercial or office space and which does not infringe upon required transitional buffers, setbacks or off-street parking space.
(e) 
The zoning administrator may, because of the visibility of the site or placement in relations to adjacent roads or properties, require that temporary trailers be landscaped, skirted, or otherwise be wholly or partially screened from view. This may include without limitation a requirement that transitional buffers and landscaped yards which are or would be required for permanent construction be installed either entirely or in part before use of the temporary trailer is permitted.
(f) 
Compliance with the above specified standards shall be demonstrated through the submission of a sketch plan, including a landscaping plan if deemed necessary by the zoning administrator, which depicts the proposed placement of the trailer and the site improvements. Such plan shall be approved by the zoning administrator prior to placement of the trailer on the site.
(g) 
Prior to placement of such trailer on the site, the applicant shall post with the zoning administrator a $2,500 letter of credit or cash escrow to ensure its removal in accordance with the time limits established herein and shall enter into an agreement, approved as to form and content by the County attorney, to effect the same. Alternatively, the applicant may execute an agreement with the Building Official acknowledging that the Certificate of Occupancy for the site will be withheld until the temporary trailer is removed from the site.
(a) 
The zoning administrator may authorize the use of trailers for temporary classroom purposes on the site of any public or private school.
(b) 
All such trailers to be used for human occupancy shall meet all applicable building and fire code requirements.
(c) 
The zoning administrator may, because of the visibility of the site or placement from adjacent roads or properties, require that temporary trailers be landscaped, skirted, or otherwise be wholly or partially screened from view. This may include without limitation a requirement that transitional buffers and landscaped yards which are or would be required for permanent construction be installed either entirely or in part before use of the temporary trailer is permitted.
(d) 
Compliance with the above specified standards shall be demonstrated through the submission of a sketch plan, including a landscaping plan if deemed necessary by the zoning administrator, which depicts the proposed placement of the trailer and the site improvements. Such plan shall be approved by the zoning administrator prior to placement of the trailer on the site.
Administrative permits may be issued for the temporary use of tents or trailers for office, storage or other purposes in conjunction with temporary special events such as fairs, festivals, sporting events or similar activities subject to the following provisions:
(a) 
All tents or trailers to be used for human occupancy shall be subject to all applicable building and fire code requirements.
(b) 
Such use may be authorized for a period coinciding with the event itself and periods not to exceed 60 days prior to and after the event.
Administrative permits may be issued for the temporary use of trailers in conjunction with on-premises "truckload" sales events conducted by commercial establishments possessing a valid County business license subject to the following provisions:
(a) 
Such use may be authorized for a period not to exceed 15 days per event. No more than four such "truckload" sales events may be conducted on the same premises by a single commercial establishment during any one calendar year. At least 60 days shall transpire between such consecutive "truckload" sales events.
(b) 
Such trailer shall be parked on the site at a location where it will not obstruct safe and convenient vehicular and pedestrian circulation.
(c) 
No signs, pennants, or banners not otherwise authorized under the terms of this chapter may be attached to such trailer.
(a) 
Temporary construction workers' parking areas shall be used solely for the parking of personal vehicles of construction workers engaged in a building project on the site or on an adjacent site.
(b) 
This provision shall not be interpreted as including a vehicle of any kind designed for or used in conjunction with construction of any kind.
(c) 
Such parking areas shall be buffered and screened as determined by the zoning administrator to be necessary based on the characteristics of the particular site and surrounding areas and the type of use to be undertaken.
Administrative permits may be issued for the temporary use of property as a construction lay-down area for the fabrication of materials to facilitate the construction of a structure occurring under the authority of a building permit issued by the County.
(a) 
The zoning administrator shall require the posting of surety by cash, certified check, letter of credit or other form deemed acceptable in the amount of one $1,000 to ensure that the site is fully cleaned, the debris removed, and the vegetation restored.
(b) 
The maximum term shall be one year; however, such permit may be renewed and extended by the zoning administrator for good cause shown.
(a) 
The minimum area for a Model Home Display Park shall be one acre.
(b) 
Model homes may be displayed within a model home display park at a maximum density of five model homes per acre. One model home may also serve as an office for the display park. Accessory uses and structures may be permitted in accordance with Article II of this chapter.
(c) 
All structures on-site shall be served by underground utilities and each model home shall be served by a water line and meter and sewer lateral unless specifically exempted by the zoning administrator in consideration of the degree of completion of the particular unit and the type of plumbing fixtures installed.
(d) 
The site shall be maintained in a clean and sanitary condition at all times.
(e) 
A site plan prepared in accordance with Article V of this chapter must be submitted to and approved by the zoning administrator prior to the commencement of any building activity on the site. Subsequent site modifications involving the replacement of model units on the same general location on the site, as determined by the zoning administrator, may be authorized pursuant to building permit review without need for submission of a new site plan. Proposed modifications involving the placement of additional structures on the site shall require submission and approval of a site plan in accordance with applicable procedures.
(f) 
The conversion of any or all of the structures contained within a model home display park to a use other than as shown on the approved site plan shall require specific authorization from the zoning administrator.
(g) 
Upon termination of the model home display park operation the applicant shall, within 60 days, dismantle and remove the model home displays and return the site to a developable condition, as determined by the zoning administrator. Nothing herein shall be interpreted, however, to prevent the model homes from being converted to a use permitted in the district where located provided that all applicable code and building requirements are satisfied. Prior to issuance of a certificate of occupancy for the model home display park the applicant shall be required to post a surety in an amount and form determined acceptable by the County attorney and zoning administrator, to guarantee compliance with this condition.
[Ord. No. 15-15(R), 1-19-2016]
When not in conjunction with a special event (such as a festival, concert, grand-opening, anniversary, or special sales event where food vending is allowed as accessory and incidental to the event) the operation of mobile food vending vehicles (aka - food trucks) on property zoned and developed for commercial or industrial use shall be permitted by administrative permit subject to the following provisions:
(a) 
The applicant shall provide the following to the zoning administrator:
(1) 
A copy of a valid York County business license. Such business license shall be posted in the vehicle at all times when in operation in York County.
(2) 
A copy of a valid health permit from the Virginia Department of Health stating that the mobile food vending operation meets all applicable standards. A valid health permit must be maintained for the duration of the permit.
(b) 
The administrative permit shall be issued for a period not to exceed one year but may be renewed upon written request by the operator.
(c) 
In addition to the commercial and industrial districts listed under § 24.1-306, Table of land uses, mobile food vending shall be allowed to operate in the commercial areas of any approved and developed planned development mixed use district (PD-MU).
(d) 
The following standards and conditions shall apply to all mobile food vending vehicle operations:
(1) 
The operator must have written documentation of the consent of the owner(s) of the property or properties on which the mobile food vending vehicle will be operated;
(2) 
Mobile food vending vehicles shall operate only on developed and occupied property and only during the hours when the business/industrial establishment on the premises is open for business;
(3) 
Unless otherwise approved, mobile food vending vehicles shall be removed from any site when the on-premises establishment closes for the day. Prior to leaving the site, the vehicle operator shall pick up, remove, and dispose of all trash or refuse within at least 25 feet of the vehicle that consists of materials originally dispensed from the vehicle, including any packages or containers or parts thereof used with or for dispensing the menu items sold from the vehicle.
(4) 
One temporary condiment station may be set up next to the vehicle. Such station may be covered by a roll-out cloth awning extending from the vehicle or by a temporary canopy not exceeding 10 feet by 10 feet in dimensions;
(5) 
The volume of any background music played from the vehicle shall be limited so as not to be plainly audible beyond the property boundaries of the site where the vehicle is located, or at a distance of 100 feet from the vehicle, whichever is less;
(6) 
Any lighting attached to the exterior of the vehicle or used to illuminate the menu boards or the customer waiting areas adjacent to the vehicle shall be provided with fixtures that do not produce light spill onto adjacent properties or into the night sky;
(7) 
Receptacles, either those already available on a site or temporary/portable ones provided by the mobile food vehicle operator, shall be positioned conveniently for disposal of all trash, refuse, compost, and garbage generated by the use;
(8) 
Any greywater, fats, oils, grease, or hazardous liquids generated in the mobile food vending operation shall be contained within the vehicle and transported off the property for proper disposal;
(9) 
Mobile food vending vehicles shall be parked at least 100 feet from any residential dwelling;
(10) 
Mobile food vending vehicles shall not obstruct pedestrian or bicycle access or passage, impede traffic or parking lot circulation, or create safety or visibility problems for vehicles and pedestrians. Such vehicles may be parked in an existing parking lot provided that any required parking spaces are not obstructed and made unavailable;
(11) 
Mobile food vending vehicles shall not be parked in or operated from a public street right-of-way;
(12) 
Not more than two A-frame signs may be used to display and advertise menu items and other information associated with the mobile food vending operation. Such signs shall not exceed six square feet in area (e.g., each face of the A-frame) and four feet in height, shall be positioned within 30 feet of the vehicle, and shall not be placed within a public road right-of-way. Signage that is permanently affixed to the vehicle shall be permitted; however, flags, banners, or other decorative appurtenances, whether attached or detached, shall not be allowed.
(e) 
The zoning administrator may revoke the permit at any time for failure of the permit holder to comply with any requirement of this chapter and to correct such noncompliance within the timeframe specified in a notice of violation. Notice of revocation shall be made in writing to the permit holder. Any person aggrieved by such notice may appeal the revocation to the board of zoning appeals.