County of York, VA
 
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Table of Contents
Table of Contents
[Ord. No. 04-2(R), 3-2-2004]
(a) 
All off-street parking and loading space for motor vehicle and transportation related uses shall be located not less than 35 feet from any residential property line and shall be effectively screened from view from adjacent residential properties by landscaping, supplemental, as necessary, with appropriate fencing materials. This setback/screening requirement shall also apply to all circulation drives and stacking spaces.
(b) 
Outdoor lighting shall be sufficient to protect public safety; however, it shall be directed away from property lines and rights-of-way and shall not cast unreasonable or objectionable glare on adjacent properties and streets. All site lighting fixtures shall be full-cutoff, as defined by the Illuminating Engineering Society of North America (IESNA), and shall have fully shielded and/or recessed luminaries with horizontal-mount flat lenses.
(c) 
Outdoor speaker or paging systems shall be directed away from property lines and shall be designed to prevent objectionable noise levels on adjacent properties or streets. The playing of music on any outdoor speaker systems at a volume that can be heard at the property line shall be prohibited.
(d) 
The minimum setback for structures such as fuel dispensing pumps, pump islands, canopies, customer service kiosks, and similar uses shall be 40 feet unless the district in which located allows a lesser setback for the principal structure. All lighting mounted on or under canopies shall be full-cutoff or recessed fixtures. No signage shall be attached to the canopy.
(e) 
Garage bay doors and semi-enclosed vehicles bays shall be screened from direct view from public streets by a combination of landscaping and earthforms. Any berms used shall comply with the requirements for providing sight triangles contained in § 24.1-242(c).
(f) 
Landscape plans for motor vehicle and transportation related uses shall be prepared and certified by a Virginia certified landscape architect.
(g) 
A hazardous materials management and stormwater runoff control plan detailing the methods to be employed to ensure that no hazardous or petroleum-based products are permitted to infiltrate into groundwater or surface water resources shall be prepared, submitted to, and approved by the health department, the department of environmental and development services and department of public safety prior to receiving site plan approval for such uses.
(h) 
No vehicle parking, storage or display associated with such uses shall be permitted to occur on adjacent public rights-of-way.
[Ord. No. 07-12, 7-17-2007]
(a) 
Automobile graveyards and junkyards shall comply in all respects with the terms of the County automobile graveyard and junkyard ordinance (Chapter 5, York County Code). For any automobile graveyard or junkyard approved after the date of the adoption or re-adoption of this section, any conflict between the requirements imposed by Chapter 5 and this section shall be resolved in favor of the more restrictive provision.
(b) 
No storage shall be located in any required yard, buffer area, infiltration yards, transitional areas, required open space, or similar areas.
(c) 
To protect the use and development of abutting and adjacent property, a screen of hardy evergreen vegetation, an earthen berm with evergreen vegetation, or a fence, or any combinations thereof, shall be established and neatly maintained along the perimeter of any storage area of an automobile graveyard or junkyard, provided, however:
(1) 
That where existing vegetation on the subject parcel effectively meets the requirements of a perimeter screen as set forth above, no additional screen shall be required.
(2) 
That an area not exceeding a total of 20 feet in width shall be exempt, when such area provides access to a gate constructed of opaque materials leading into the storage area.
The screen established shall be nontransparent, shall be a minimum of eight feet in height, and shall completely obscure the contents of any storage areas within the automobile graveyard or junkyard from view from the abutting and adjacent property and all public rights-of-way. Junked or inoperable vehicles and equipment shall not be placed or deposited on the site to a height greater than the height of the landscaping, fence or other screening method installed to comply with this section. The walls of a building may be used to form a part of the screen required by this section; provided, however, the display or storage of goods thereon shall be prohibited.
(d) 
Fences shall be installed in accordance with all applicable requirements of this chapter relative to the "finished side." A greater height may be required by the County Administrator in order to provide the necessary screening effect. Fencing shall be constructed using one or more of the following materials:
(1) 
Salt-treated or creosote-treated pine, cedar, cypress or similar decay resistant material.
(2) 
Protected metals, such as Teflon-coated steel, anodized aluminum or similar materials.
(3) 
Composite materials such as cementious planks, vinyl or PVC, or similar materials.
(4) 
Masonry construction such as brick, glazed terra-cotta or painted cinder block.
(e) 
Screening fences installed pursuant to this section shall not be used for billposting or other advertising purposes, except that a space may be used for the advertisement of the business of the owner thereof, when in compliance with the sign regulations contained in this chapter. Any advertising or identification sign placed on a fence shall be considered a freestanding sign and shall be subject to the limitations on freestanding signage established by this chapter.
(f) 
When landscaping is used to comply with the screening requirements, it shall be designed by a qualified professional, shall be suited to the area in which it is to be placed, and shall be sufficient in type, size and quantity to provide an immediate visual screen between ground level and eight feet. All required landscaping shall be maintained in healthy condition and dead plant materials shall be removed and replaced within the next appropriate "planting season.
(g) 
When an earthen berm is used to form the screen required by this section, the minimum slope shall be three-to-one and it shall be completely landscaped with evergreen shrubbery or vegetation planted in accordance with a landscape plan prepared by a qualified professional.
(h) 
All areas between the perimeter screen required herein and the property line of an automobile graveyard or junkyard which are not occupied by buildings, walkways, off-street parking facilities, driveways and other structures and improvements, shall be covered with such landscaping (types and quantities) as is required for such areas under the terms of this chapter.
(i) 
All highway entrances, on-site driveways and off-street parking areas accessible by the customers at an automobile graveyard or junkyard shall be constructed of a permanent, dustless surface consisting of asphalt, concrete or any equivalent paving material. Areas required to be paved shall include specifically all customer parking areas and any vehicle display areas.
(j) 
The display and storage of goods and materials associated with an automobile graveyard or junkyard shall be prohibited between the required perimeter screen and the property line, and shall also be prohibited in such other areas where display and storage is prohibited under the terms of the zoning district in which the property is located. For the purposes of this section, goods or materials associated with the use shall be construed to include, but are not necessarily limited to: vehicles; parts of vehicles; and vehicle and engine parts. These restrictions notwithstanding, passenger-carrying motor vehicles that meet the following requirements may be parked and displayed in a paved display area, surfaced in accordance with the requirements of this section, when:
(1) 
The vehicle displays a current Virginia inspection sticker;
(2) 
The rated capacity of such vehicle is limited to 12 passengers or fewer; and
(3) 
No such displayed vehicle has deflated tires, body damage rendering it incapable of being driven, missing wheels, tires, doors, hoods, trunk lids, fenders, major body panels or roofs, broken or removed window glass, or missing exterior body paint.
The number of such vehicles displayed shall be limited to one vehicle per paved parking/display space and all such spaces shall be compliant with the parking space and parking lot dimensional and design standards established in Article VI of this chapter. Specifically, such display area shall meet the setback, parking space dimensions and aisle width standards set out in those requirements. Double-parking of displayed vehicles so as to require one vehicle to be moved before another can have direct access to a circulation drive aisle shall be prohibited. Parking spaces for displayed vehicles shall be in addition to such customer/employee parking requirements as are specified by the Zoning Ordinance or by Special Use Permit condition.
[Ord. No. 04-2(R), 3-2-2004]
Automobile fuel dispensing establishments, service stations, and auto repair garages shall comply with the following standards:
(a) 
Automobile service and minor repairs shall be deemed to include engine tune-ups, oil changes and lubrication, and the repair or installation of mufflers, tailpipes, exhaust pipes, catalytic converters, brakes, shock absorbers, tires, batteries, and similar automotive components as determined by the zoning administrator. Repairs specifically shall not include body work and painting.
(b) 
All repair or installation work shall be conducted indoors. Used or damaged equipment removed from vehicles during the repair process shall be stored indoors or shall be deposited in an approved covered outdoor collection receptacle for appropriate off-site disposal.
(c) 
Temporary overnight outdoor storage and parking of vehicles waiting for repair or pickup shall be permitted. Appropriate and adequate parking areas shall be provided and set aside on the site for such vehicles. No long-term (90 days or more) storage and parking of vehicles which require major repair work shall be permitted.
(d) 
Landscaping supplemented by fencing if necessary shall be utilized to fully screen vehicular storage areas and to partially screen direct views of fuel islands, structures, and service bays from adjacent properties and rights-of-way. The plan to accomplish this shall be designed and prepared by a certified landscape architect.
(e) 
A traffic impact analysis must be performed in accordance with the requirements for same contained in Article II. The recommended improvements must be fully implemented provided, however, that the zoning administrator shall require such additional improvements or traffic restrictions as may be necessary to ensure traffic safety and preserve roadway capacity.
(f) 
No logo, brand name, or sign which is legible from adjacent public roads may be placed on pumps or pump islands.
(g) 
Site lighting shall be provided by fixtures which are compatible in style and illumination levels with the architecture of the principal building on the site and are not greater than 25 feet in height.
(h) 
In the event the fuel dispensing activity ceases at the automobile fuel supply establishment, written notice shall be provided by the owner/operator to the Zoning Administrator within seven days after such fuel dispensing activity ceases. In the event the fuel dispensing activity remains inactive for a period in excess of nine months, the owner/operator shall be responsible for performing the following:
(1) 
The tanks, tanklines, fueling equipment (including the gas pumps and fueling islands) shall be removed; all applicable state and federal environmental protection and mitigation requirements shall be observed in the removal and site restoration process;
(2) 
The canopy shall be removed;
(3) 
Any inactive accessory car wash equipment associated with the fuel dispensing activity and the structure surrounding same shall be removed;
(4) 
The real property in or on which the improvements listed in Subsection (h)(1), (2), and (3) above, are placed or constructed shall be restored to the same grade or condition as the remainder of the parking lot and maintained either as landscaped green area or as paved area until a new site plan for same has been approved by the County. Except in the restored area that is established as landscaped green area, the paved area shall be re-striped to match the remainder of the parking lot.
The requirement to remove the above-noted equipment may be stayed for a maximum of six months in the event the property owner provides documentation to the zoning administrator of the existence of an executed and pending contract for sale or lease of the property for the same use. If such an extension is granted, the actual conveyance, and the re-establishment of the use, must occur within said six-month period. In the event such contract lapses, the removal requirement shall be immediately reinstated.
(i) 
The requirement to remove pumps, tanks, canopies and other appurtenances listed in the preceding subsection shall be ensured by the property owner/operator through a maintenance agreement, approved as to form by the County attorney, whereby the property owner/operator shall covenant to perform the required removal of any such tanks, pumps, canopies and other prescribed appurtenances within 90 days of notice by the County and grant authority to the County to perform such work at the property owner's cost if the owner/operator should default on his obligations. The owner/operator shall cause such agreement to be recorded by the clerk of the circuit court and provide evidence of such recordation to the zoning administrator prior to issuance of any building permits for the proposed development.
[Ord. No. 04-2(R), 3-2-2004]
Car washes, whether a principal or accessory use, shall comply with the following standards:
(a) 
Car washes shall utilize a low-volume water recycling system which provides for an average of at least 80% recycled water per wash.
(b) 
A traffic impact analysis must be performed in accordance with the requirements in Article II, division 5. The recommended improvements must be fully implemented provided, however, that the zoning administrator shall require such additional improvements or traffic restrictions as may be necessary to ensure traffic safety and preserve roadway capacity.
(c) 
Site lighting shall be provided by fixtures which are compatible in style and illumination levels with the architecture of the principal building on the site and are not greater than 25 feet in height.
(d) 
In the event the car wash activity, whether it is the principal or accessory use of the property, ceases operation, written notice shall be provided by the owner/operator to the Zoning Administrator within seven days after such activity ceases. In the event the car wash activity remains inactive for a period in excess of nine months, the owner/operator shall be responsible for performing the following:
(1) 
All car wash equipment and the structure surrounding same shall be removed;
(2) 
The real property in or on which the improvements listed in Subsection (d)(1) above, are placed or constructed shall be restored to the same grade or condition as the remainder of the parking lot and maintained either as landscaped green area or as paved area until a new site plan for same has been approved by the County. Except in the restored area that is established as landscaped green area, the paved area shall be re-striped to match the remainder of the parking lot.
The requirement to remove the above-noted equipment may be stayed for a maximum of six months in the event the property owner provides documentation to the zoning administrator of the existence of an executed and pending contract for sale or lease of the property for the same use. If such an extension is granted, the actual conveyance, and the re-establishment of the use, must occur within said six-month period. In the event such contract lapses, the removal requirement shall be immediately reinstated.
(e) 
The requirement to remove the car wash equipment and surrounding structure listed in the preceding subsection shall be ensured by the property owner/operator through a maintenance agreement, approved as to form by the County attorney, whereby the property owner/operator shall covenant to perform the required removal of any such equipment/structure within 90 days of notice by the County and grant authority to the County to perform such work at the property owner's cost if the owner/operator should default on his obligations. The owner/operator shall cause such agreement to be recorded by the clerk of the circuit court and provide evidence of such recordation to the zoning administrator prior to issuance of any building permits for the proposed development.
Vehicle body work and painting establishments shall comply with the following requirements:
(a) 
All work shall be conducted indoors.
(b) 
Used or damaged equipment removed from vehicles during the process shall be stored indoors or shall be deposited in an approved covered outdoor collection receptacle for appropriate off-site disposal.
(c) 
Temporary overnight outdoor storage and parking of vehicles waiting for repair or pickup shall be permitted. Appropriate and adequate parking areas shall be provided and set aside on the site for such vehicles. No long-term storage (90 days or more) and parking of vehicles which require major repair work shall be permitted.
(d) 
Landscaping, supplemented by fencing if necessary, shall be utilized to fully screen vehicle storage areas from adjacent properties and street rights-of-way. The plan to accomplish this shall be designed and certified by a certified landscape architect.
(e) 
Ventilation systems shall be utilized which prevent objectionable emissions, including, without limitation, odors, paint particles, and residues from migrating to adjacent properties. Compliance with this standard shall be certified by a professional engineer or architect.
(f) 
When located adjacent to or near residential areas, sound baffles shall be utilized to prevent noise in excess of normal residential area background noise from being audible on adjacent and nearby residential properties.
(g) 
If adjacent to residential property, such uses shall not operate after 9:00 p.m. or before 7:00 a.m.