County of York, VA
 
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
[Ord. No. 00-15, 8-15-2000; Ord. No. 08-17(R), 3-17-2009]
Shopping centers shall comply with the following performance standards:
(a) 
Area requirements. The minimum area required for the development of the various types of shopping centers, as defined in § 24.1-104, shall be as follows:
(1) 
Neighborhood Center: minimum lot area of 40,000 square feet. The definition of Neighborhood Center notwithstanding, a shopping center may have as much as 15,000 square feet of gross leasable floor area and still be considered a "Neighborhood Center" if off-street parking is calculated and provided at the Community Shopping Center ratio.
(2) 
Community and Specialty Centers - minimum lot area of three acres.
(3) 
For shopping centers otherwise permitted as a matter of right under the provisions of § 24.1-306, a special use permit shall be required for any proposed development having 80,000 or more square feet of gross floor area. Any redevelopment involving an addition, expansion, renovation, enlargement, or other modification of an existing development that would increase the gross floor area to 80,000 or more square feet shall be subject to the standards and procedures applicable to amendment of special use permits set forth in §  24.1-115(d) of this chapter.
(b) 
Special dimensional standards. Proposed shopping center developments shall be subject to the special dimensional standards specified herein, notwithstanding the district in which located:
(1) 
Minimum lot width.
a. 
Neighborhood Center: 170 feet.
b. 
Community and Specialty Centers: 230 feet.
(2) 
Minimum building setback.
a. 
Neighborhood Center.
1. 
Parking in front of center: 75 feet.
2. 
All parking at side or rear: 30 feet.
b. 
Community and Specialty Centers.
1. 
Parking in front of center: 90 feet.
2. 
All parking at side or rear: 30 feet.
c. 
For purposes of this paragraph only, "front" shall be determined by the principal road adjacent to the site and building orientation.
(3) 
Minimum yard requirements.
Type
Side
Rear
Neighborhood Center
20 feet
20 feet
Community and Specialty Centers
25 feet
25 feet
(c) 
Screening and landscaping standards. Shopping centers shall be subject to the following screening and landscaping standards notwithstanding the regulations of the district in which the center is located:
(1) 
A minimum twenty-foot landscape yard shall be provided around the perimeter of the shopping center site. Along all public street frontages, landscape yards shall be expanded to 25 feet and shall be landscaped with an appropriate combination of low-growing trees and shrubs to screen direct views of parking areas, but not necessarily the shopping center itself from adjacent public streets.
(2) 
Minimum landscaped open space for shopping centers shall be 25% of the net developable area of the site. The area of the required perimeter landscape yards and parking lot landscaped islands may be included when calculating such percentage. No less than 50% of the required site landscaping shall be located in front of the principal building on the site. Where the shopping center site is larger than 20 acres, the amount of landscaped open space required may be reduced to 20% provided that no less than 65% of the required open space is located in front of the principal building in the center and that direct views of parking from adjacent public roads are significantly disrupted by landscape methods.
(3) 
Where no parking is provided or accommodated in front of the principal building on site, the otherwise required landscaping and open space may be reduced by 20% and the zoning administrator shall adjust the locational requirements of landscaping accordingly.
(4) 
All service and loading areas shall be screened from view from public streets and from first floor windows in adjacent residential districts through landscaping supplemented by other appropriate methods.
(5) 
Landscaping plans for shopping centers shall be prepared by a Virginia certified landscape architect.
(d) 
Access and traffic control standards.
(1) 
A traffic impact analysis, prepared in accordance with Article II, Division 5 of this chapter, shall be submitted for review by the County and the Virginia Department of Transportation. The analysis shall address access and internal circulation arrangements for the center and any outparcels. The recommendations of the analysis, unless specified otherwise by the department of transportation, shall be fully implemented.
(2) 
Access to shopping center out-parcels shall be designed such that the internal circulation system alone provides adequate access to each proposed out-parcel. Individual access to existing public roads for out-parcels shall not be permitted except as may be approved by the zoning administrator upon the demonstration within the traffic impact analysis that such an individual access will improve internal circulation and not adversely affect traffic flows on the adjacent public roadway(s).
(3) 
Accommodations for pedestrian circulation must be provided throughout the center and shall be appropriately separated from vehicular circulation in order to minimize congestion and safety hazards.
(4) 
Bicycle use and circulation shall be adequately accommodated through, at a minimum, the provision of safe, secure, and convenient bicycle parking facilities.
(5) 
In consultation with the County, an area or areas shall be designated for one or more transit service stops. Said area(s) shall be sufficient to accommodate a transit shelter and an easement shall be granted to the County to erect such shelter should the County in its sole discretion choose to do so. The area(s) designated may be counted toward meeting open space requirements if comprised of landscaped areas(s).
(6) 
Buildings or groups of buildings within the center shall be oriented in relation to parking areas in a manner which minimizes the need for internal automotive movement once patrons have entered the site. Facilities and access routes for shopping center deliveries, servicing, and maintenance shall, so far as reasonably practicable, be separated from customer access routes and parking areas.
(7) 
Lighting which is compatible in style and illumination with the architecture of the shopping center shall be provided at appropriate locations in order to adequately illuminate parking areas and vehicular and pedestrian circulation routes. All outside lighting on the site shall be arranged and shielded to prevent glare or reflection, nuisance, or inconvenience of any kind on adjoining streets or residential properties.
(a) 
Business parks and industrial parks shall comply with the following performance standards:
(1) 
Permitted uses. Uses permitted in business parks and industrial parks shall include the various types of establishments and uses listed as being permitted in the Table of Land Uses for the particular district in which located. In addition, in recognition of the special and unique characteristics of this type of development, the following uses shall also be permitted:
a. 
Day care centers, nursery schools.
b. 
Technical, vocational, business schools.
c. 
Conference centers.
d. 
Post office stations.
e. 
Health, exercise, fitness centers, swimming pools.
f. 
Golf courses.
g. 
Florists.
h. 
Office equipment and office supply retail sales.
i. 
Banks, financial institutions, brokerages.
j. 
Hotels, motels.
k. 
Sit down and carry-out restaurants.
l. 
Printing, photocopying, blueprinting, reprographic, telecommunication, mailing, facsimile reception/transmission services and other similar business services.
m. 
Emergency care and first aid centers or clinics.
n. 
Computer hardware and software development and installation, including retail sales and service.
o. 
Transportation services, including but not limited to helipads.
p. 
All uses permitted as a matter of right in the IL district shall also be permitted as a matter of right in a business or industrial park located in the EO district.
(2) 
Accessory uses. Uses permitted as accessory uses within an office park or a business park, however not permitted as free standing uses include:
a. 
Boutiques, wearing apparel shops.
b. 
Book, magazine, and card shops.
c. 
Barber and beauty shops, personal care and grooming shops.
d. 
Apparel services.
e. 
Convenience stores.
(3) 
Area standard. The minimum area required for the development of property under these provisions shall be five acres.
(4) 
Design standards. Any office or industrial park developed under these provisions shall provide the following minimum design features:
a. 
Recorded restrictive covenants which serve to ensure the architectural and aesthetic unity of the proposed office or industrial park shall be established. Such covenants shall include controls to mandate that all building facades facing and visible to a public street or residential property be constructed of brick, architectural masonry, fluted block, glass, or an equivalent architectural treatment. Additional covenants relating to the design and maintenance of landscaping, environmental protection, buffering, fencing, and screening shall also be provided. Copies of the covenants shall be submitted to the County with development plans. The developers' legal counsel shall certify that the standards contained herein have been met and shall clearly define the manner in which met. These covenants shall be in addition to any covenants which may be necessary to comply with the provisions of Division 17 of this article.
b. 
All ground areas within the park not developed in buildings, roads, driveways, pedestrian walkways, parking areas, loading areas, lakes, utility and drainage structures, or storage facilities shall be maintained with grass or other suitable ground cover and further landscaped with trees, shrubs, and flowering plants so as to create and maintain a "park-like" environment.
c. 
All streets and roads within the development shall be designed and dedicated for public use.
d. 
Outdoor architectural lighting shall be provided at least at all major roadway intersections in order adequately to illuminate vehicular and pedestrian circulation routes, particularly at potential points of conflict. All outside lighting on the site shall be arranged and directed to prevent objectionable glare or reflection, nuisance, or inconvenience of any kind on adjoining streets or residentially classified or developed properties. Lighting fixtures and the intensity of illumination shall be compatible with both the natural and architectural characteristics of the development.
(5) 
Open space, screening, and landscaping standards. Proposed business park developments shall be subject to the following additional open space, screening, and landscaping standards notwithstanding the regulations of the district in which they are located:
a. 
No outdoor storage of goods or materials shall be permitted in any front yard nor shall it encroach upon any required landscaping, public or private street right-of-way, parking facility, or loading space.
b. 
All dumpster pads, loading areas and outdoor storage areas shall be screened from view of all public streets or residential properties by landscaping supplemented by masonry or wooden fencing.
c. 
Parking facilities located in front of the principal building in business parks shall be landscaped to provide one deciduous shade tree and three shrubs per each five parking spaces.
(6) 
Access and traffic control standards. Access and internal traffic circulation shall be designed to promote the safe and harmonious flow of vehicular and pedestrian traffic within the development and to limit the disruption of external traffic. The following general standards shall apply to all developments utilizing these provisions:
a. 
Access to individual lots within the office park or industrial park shall be exclusively from a public internal road system. The zoning administrator may modify this requirement in consideration of the topography and configuration of the site.
b. 
Buildings and uses or groups of buildings and uses within the development shall be oriented to each other and in relation to parking areas and pedestrian and bicycle circulation routes in order to minimize the need for excess internal traffic movements.
c. 
Within business parks, bicycle and pedestrian circulation systems may be installed within the required front landscape yard of properties in the park.
(b) 
Procedure.
(1) 
The zoning administrator shall review and make a determination in writing regarding the applicability of these provisions to any particular development at the time that a preliminary site plan or subdivision plan is submitted for review to the County.
(2) 
In making a determination regarding the applicability of these provisions to any proposed development, the zoning administrator shall specifically review the following:
a. 
The adequacy of the proposed restrictive and protective covenants in promoting and ensuring an aesthetically pleasing "park-like" environment.
b. 
Compatibility of the proposed design with the policies established within the comprehensive plan.
c. 
The provision of safe and convenient pedestrian and vehicular circulation and access.
d. 
The adequacy of all proposed landscaping and screening or the ability to provide adequate landscaping and screening.
e. 
Those features which serve to clearly differentiate the proposed park from typical office or industrial subdivisions.
(3) 
The restrictive and protective covenants required herein shall be recorded contemporaneously with the first plat.
(4) 
A traffic impact analysis prepared in accordance with Article II, Division 5 of this chapter shall be submitted to the County and the Virginia Department of Transportation at the time of application. The recommendations of said analysis shall, unless specified otherwise by the Virginia Department of Transportation or the zoning administrator, be fully implemented.
(5) 
The zoning administrator may deny requests for approval of business parks upon finding that such proposal does not meet the purposes, intent, or standards established herein, or when such proposal would not be in accord with adopted plans or policies, or would be incompatible with existing and planned land uses, or would create adverse traffic congestion and conditions beyond that which could occur as a matter of right, or would not be in furtherance of the public health, safety, or welfare.
(6) 
Final plats recorded for a business park and all deeds for lots within such development shall bear a statement indicating that the land is within an approved business park and shall specifically reference the existence of the restrictive and protective covenants.