York County, Virginia
Board of Supervisors'
Meeting Minutes

Regular Meeting
October 16, 2001
7:00 p.m.

Meeting Convened.  A Regular Meeting of the York County Board of Supervisors was called to order at 7:01 p.m., Tuesday, October 16, 2001, in the Board Room, York Hall, by Chairman James S. Burgett.

Attendance.  The following members of the Board of Supervisors were present: Sheila S. Noll, Donald E. Wiggins, James S. Burgett, and H. R. Ashe.

Walter C. Zaremba was absent.

Also in attendance were James O. McReynolds, County Administrator; and James E. Barnett, County Attorney.

Invocation.  Reverend Daniel S. Reagan, Sr., Seaford Baptist Church, gave the Invocation.

Pledge of Allegiance to the Flag of the United States of America.  Chairman Burgett led the Pledge of Allegiance.

HIGHWAY MATTERS

Mr. John Mazur, Assistant Resident Engineer, Virginia Department of Transportation (VDOT), appeared to discuss highway matters of interest to the Board of Supervisors. He had no new information to present but reported the repaving on Route 17 was continuing.

Mr. Wiggins asked VDOT to check out the Hornsbyville Road area near the railroad tracks. He stated the road shoulders near the railroad tracks were gradually being eaten away by erosion, and it had become dangerous.

Mrs. Noll thanked VDOT for the work being done on Route 17 and expressed her appreciation for the evening work to help with traffic flow.

Mr. Ashe stated he had received many complaints about the rough asphalt on Greenland Drive, and he asked that the area be looked at. He also requested that VDOT check on the drainage in the Cary's Chapel Road area.

Chairman Burgett asked about the paving schedule and when it might be available.

Mr. Mazur replied he had not seen the schedule, but it would be available soon.

PRESENTATIONS

EMPLOYEE RECOGNITION PROGRAM

Chairman Burgett congratulated the following employees for their years of service with the County and presented them with their respective certificates and service pins.

Harold Shepard, Jr., Fire & Life Safety, 25 Years
James R. Dishner, Fire & Life Safety, 25 Years
Deborah A. Mirick, Financial & Management Services, 20 Years

ZWEIBRÜCKEN DELEGATION

Chairman Burgett welcomed the citizens of the City of Zweibrücken, Germany, York County's sister city. He introduced members of the Zweibrücken Delegation and presented each of them with a certificate of honorary citizenship and a key to the County. He then introduced Dr. Lambert, Lord Mayor of Zweibrücken.

Dr. Lambert thanked Chairman Burgett and the Board for its recognition and presented to the Board a copper sculpture of the Coat of Arms of the City of Zweibrücken. He also presented the Board with a replica of a china cup and saucer dating back to the 1770's.

YORK COUNTY FINANCIAL STATEMENT

Mr. Chris Toney, a partner with the firm of Goodman and Company, appeared to make a presentation on the York County Financial Statement. He introduced Carol White, Senior Manager, who was the on-site supervisor for the work that was conducted on the financial statements. He indicated the financial statements present fairly the financial position of the County and the results of its operation in accordance with generally accepted accounting principles. He commended Mary Ann Kirish and her staff in their completion of financial documents.

RECYCLING CONTRACT

Ms. Laurie Halperin, Division of Waste Management Services, gave a report on the recycling contract with the Virginia Peninsulas Public Service Authority (VPPSA), which will expire on October 31, 2001. She introduced a representative from Tidewater Fiber, the new provider for curbside and drop-off services, which will begin November 1, 2001. She displayed one of the new recycling bins and explained the rates for the service.

CITIZENS COMMENT PERIOD

No one appeared before the Board to speak at this time.

COUNTY ATTORNEY REPORTS AND REQUESTS

Mr. Barnett stated the items for the Legislative Program would be prioritized and given to the Board for its consideration in the near future. He reported on the historic building renovation tax credits in conjunction with moving the post office building. He elaborated on the possible tax credits indicating how they may benefit the County in recouping some of the moving and renovation costs. He indicated he had contacted outside counsel specializing in these kinds of benefits and informed the Board that an attorney from the firm of Kutak Rock would be attending the next work session to discuss the subject tax credits.

COUNTY ADMINISTRATOR REPORTS AND REQUESTS

Mr. McReynolds stated the topics for the work session on October 23 would include redistricting and possible tax credits for the Yorktown Revitalization Projects. He advised that the bond rating agencies had upgraded the County's credit rating from an "A" status to an "AA" status. He reported that the County would be airing a video depicting the response to incidents involving weapons of mass destruction.

MATTERS PRESENTED BY THE BOARD

Mrs. Noll commended Chief Kopczynski and his staff for an excellent report on the County's medical response on local terrorist threats. She noted that a video which had been prepared by the Hampton Roads Planning District Commission would answer many questions about responses to terrorists attacks. She explained that 16 jurisdictions worked together on technical committees to develop a regional medical plan, and the video would be available at the libraries and would air on Channel 46.

Mr. Ashe reported on attending a committee meeting on tax reform. He stated he was the area representative on the committee, and he asked that he be contacted for any comments or suggestions. He stated he was appointed to another four-year term on the Department of Housing and Community Development Board. He reported on attending the Virginia Housing Development Authority (VHDA) board meeting on affordable housing.

Meeting Recessed.  At 7:54 p.m. Chairman Burgett declared a short recess.

Meeting Reconvened.  At 8:00 p.m. the meeting was reconvened in open session by order of the Chair.

PUBLIC HEARINGS

AGREEMENT WITH CHILD DEVELOPMENT RESOURCES, INC.

Mrs. Anne Smith, Director of Community Services, made a presentation on proposed Resolution R01-169 to authorize the execution of a lease agreement with Child Development Re-sources, Inc., for office space in the Griffin-Yeates Center Building located on Government Road.

Chairman Burgett called to order a public hearing on the proposed Resolution R01-169 that was duly advertised as required by law and is entitled:

A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR TO EXECUTE A LEASE AGREEMENT WITH CHILD DEVELOPMENT RESOURCES, INC., A NONPROFIT VIRGINIA CORPORATION, FOR OFFICE SPACE IN THE GRIFFIN-YEATES CENTER BUILDING LOCATED ON GOVERNMENT ROAD

There being no one present who wished to speak regarding the subject resolution, Chairman Burgett closed the public hearing.

Mrs. Noll then moved the adoption of proposed Resolution R01-169 that reads:

A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR TO EXECUTE A LEASE AGREEMENT WITH CHILD DEVELOPMENT RESOURCES, INC., A NONPROFIT VIRGINIA CORPORATION, FOR OFFICE SPACE IN THE GRIFFIN-YEATES CENTER BUILDING LOCATED ON GOVERNMENT ROAD

WHEREAS, Child Development Resources, Inc., a nonprofit Virginia Corporation, operates the First Steps program whose purpose is to provide an early childhood educational experience and positive learning opportunities on behalf of economically disadvantaged and other qualified County citizens and which is located in the Griffin-Yeates Center on Government Road; and

WHEREAS, Child Development Resources, Inc., has been implementing a federal grant that provides training for professionals who work with young children and has asked to rent an office with approximately 200 square feet also located within the Griffin-Yeates Center on Government Road to serve as a base of operations for personnel involved in the implementation of that grant; and

WHEREAS, the County desires to make available approximately 200 square feet of office space between Room 6 and Room 10 within the Griffin-Yeates Center located at 1490 Government Road, which is a building owned by the County of York, by the execution of a Lease Agreement for a term of one year with Child Development Resources, Inc.; and

WHEREAS, charges for that space shall be at a rate of $9.00 per square foot per year with the proceeds from such rental to be dedicated to the County Children's Food Services program; and

WHEREAS, a public hearing on the proposed Lease Agreement, as required under the Code of Virginia, has been properly advertised and conducted on October 16, 2001;

NOW, THEREFORE BE IT RESOLVED by the York County Board of Supervisors this the 16th day of October, 2001, that the County Administrator be, and he is hereby, authorized to execute a Lease Agreement with Child Development Resources, Inc. for approximately two hundred (200) square feet of office space between Room 6 and Room 10 within the Griffin-Yeates Center, for a term commencing November 1, 2001 and ending October 31, 2002, and in consideration of the sum of nine dollars ($9.00) per square foot per year.

BE IT FURTHER RESOLVED that proceeds from such rental shall be dedicated to the County Children's Food Service program.

On roll call the vote was:

Yea: (4) Noll, Wiggins, Ashe, Burgett
Nay: (0)

TAX EXEMPTION - CARITAS OF YORKTOWN

Mr. Barnett made a presentation on proposed Resolution R01-187 to support the request of Caritas of Yorktown to become exempt from property taxation.

Chairman Burgett then called to order a public hearing on proposed Resolution R01-187 that was duly advertised as required by law and is entitled:

A RESOLUTION SUPPORTING THE REQUEST OF CARITAS OF YORKTOWN, VIRGINIA, A VIRGINIA NON-STOCK CORPORATION, TO BECOME EXEMPT FROM PROPERTY TAXATION

Mr. Nick Barba, 500 Piney Point Road, president of Caritas, appeared to answer any questions the Board might have, and he explained some of the reasons for the Caritas' request to become tax exempt.

Mr. Brad Berrane, 215 Castellow Court, President of the York County Business Association, also appeared to answer any questions. He explained that the Caritas building helped fulfill functions that were beneficial to the community.

There being no one else present who wished to speak concerning the subject resolution, Chairman Burgett closed the public hearing.

Mr. Wiggins noted that the Caritas director and officers do not receive any compensation, and they work very hard for the Center. He stated he felt the Board of Supervisors should help Caritas in every way it could. He then moved the adoption of proposed Resolution R01-187 which reads:

A RESOLUTION SUPPORTING THE REQUEST OF CARITAS OF YORKTOWN, VIRGINIA, A VIRGINIA NON-STOCK CORPORATION, TO BECOME EXEMPT FROM PROPERTY TAXATION

WHEREAS, Caritas of Yorktown, Virginia ("Caritas") has forwarded to the Board a request for support for a real and personal property tax exemption which Caritas desires to seek from the Virginia General Assembly; and

WHEREAS, § 30-19.04 of the Code of Virginia addresses such exemptions and subsection B of § 30-19.04 requires that the local governing body advertise and conduct a public hearing and consider a series of questions prior to adopting a resolution supporting the requested exemption; and

WHEREAS, the required public hearing has been advertised and conducted and the Board of Supervisors has duly examined and considered the questions contained in subsection B of § 30-19.04 of the Code of Virginia;

NOW, THEREFORE, BE IT RESOLVED by the York County Board of Supervisors this the 16th day of October, 2001, that this resolution be, and is hereby, adopted in support of the request of Caritas to become exempt from property taxation.

BE IT FURTHER RESOLVED that it is recommended that the property of Caritas be classified as property used for charitable and benevolent purposes in accordance with those tax exemption categories set out in Code of Virginia § 58.1-3650.

On roll call the vote was:

Yea: (3) Wiggins, Ashe, Burgett
Nay: (1) Noll

APPLICATION NO. ZT-60-01, YORK COUNTY PLANNING COMMISSION

Mr. J. Mark Carter, Planning and Zoning Manager, made a presentation on Application No. ZT-60-01 to amend the York County Code to make a series of clarifying revisions to various sections of the Zoning Ordinance. He stated the Planning Commission recommended approval of the Ordinance and staff recommended adoption of the application through adoption of proposed Ordinance No. 01-20.

Mrs. Noll asked for an explanation of the changes to the conditional zoning section.

Mr. Carter explained that the proposal related to conditional zoning was to insert language recently added to the State Code that defines the types of proffers that are not allowed.

Mrs. Noll mentioned the political signs throughout the County and stated the citizens wanted them removed. She noted her concern over the proposed time limitation for removal being deleted from the ordinance.

Mr. Barnett elaborated on two federal court cases involving duration limits on political signs. He explained that the argument centered around time limits on political signs and whether or not they were a restriction of free speech.

Ms. Noll requested an opinion from the Attorney General on the matter.

Chairman Burgett pointed out that the County had not been challenged on the issue and this was a pre-emptive measure.

Discussion followed on the time limitations for political signage; and, by consensus, the Board decided that Section 24.1-707(g) should not be changed.

Mr. Ashe questioned the six-foot fence height proposed in the ordinance.

Mr. Carter stated the proposal was to provide an opportunity for fences of up to six feet to be erected in what is defined as the front yard but actually functions as a rear yard; this would apply to those lots that have multiple road frontages. The idea would be to give individuals who own the lots the opportunity to erect a six-foot fence to meet privacy or screening needs.

Mr. Ashe asked if an eight-foot fence could be erected if there was justification.

Mr. Carter explained the ordinance would not allow for an eight-foot fence as it was written.

Mr. Ashe felt that limiting the height to six feet would be a mistake since the Dare Marina public hearings had indicated a need for higher fences for screening.

Discussion ensued on fencing policies.

Chairman Burgett stated the Zoning Administrator could use his discretion in each case.
Mr. Carter advised that as the policy was written now, it required Zoning Administrator verification, and raising the height limit to eight feet would allow additional flexibility.

By consensus, the Board decided to modify the proposed language to allow eight-foot high fences.

Mr. Ashe inquired about the proposed full-cutoff lighting requirements and how it would apply in a residential situation, citing an example along the waterfront.

Mr. Carter stated the ordinance would address that type of situation if the lighting intensity exceeded 3,000 lumens.

Mr. Wiggins commended Mr. Carter for his work on the ordinance which would clear up some problems later on.

Mr. Ashe voiced his concerns regarding the size of political signs and asked staff look further into that.

Mr. Carter mentioned Mrs. Noll's concern regarding the definition of nightclubs and her suggestion that it be changed slightly to mention recorded music. He then suggested revised wording, which the Board accepted.

Chairman Burgett then called to order a public hearing on proposed Application No. ZT-60-01 that was duly advertised as required by law. Proposed Ordinance No. 01-20 is entitled:

AN ORDINANCE TO APPROVE A SERIES OF TECHNICAL AMENDMENTS TO CHAPTER 24.1, ZONING, YORK COUNTY CODE

There being no one present who wished to speak concerning the subject application, Chairman Burgett closed the public hearing.

Mrs. Noll then moved the adoption of proposed Ordinance No. 01-20(R), to incorporate the changes regarding political signs, fence heights, and the definition of nightclubs, that reads:

AN ORDINANCE TO APPROVE A SERIES OF TECHNICAL AMENDMENTS TO CHAPTER 24.1, ZONING, YORK COUNTY CODE

WHEREAS, the York County Board of Supervisors adopted the County's Zoning Ordinance on June 25, 1995; and

WHEREAS, certain omissions, unintentional conflicts and suggested minor adjustments were brought to the attention of the Planning Commission; and

WHEREAS, the Planning Commission thereupon sponsored Application No. ZT-60-01 containing a series of technical correction amendments to the Zoning Ordinance; and

WHEREAS, the Planning Commission has recommended approval of this application; and

WHEREAS, the Board has carefully considered the recommendation of the Commission and has conducted a duly advertised public hearing in accordance with applicable procedure;

NOW, THEREFORE, BE IT ORDAINED by the York County Board of Supervisors this the 16th day of October, 2001, that Application No. ZT-60-01 be, and it is hereby, approved to revise Chapter 24.1, Zoning, York County Code, for the purpose of making the following technical corrections:

ARTICLE I. IN GENERAL

Sec. 24.1-104. Definitions.

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Dwelling unit. A single unit of one or more rooms providing complete, independent living facilities for one family, including permanent provisions for living, sleeping, cooking, and sanitation.

< Dwelling, accessory unit/apartment. A separate and complete housekeeping unit which provides complete and independent living, sleeping, sanitation, and cooking facilities. Such unit may be contained within or outside of a primary residence but is clearly secondary to a primary single-family dwelling located on the same lot. When in a detached structure, the presence of a living area and a bathroom with sink, toilet and tub or shower shall be considered to constitute an accessory apartment. When a part of the principal structure on the property, the presence of an independent entrance, a bath-room with sink, toilet and tub/shower, and physical separation (by walls or floors) from the principal residence shall be deemed to constitute an accessory apartment.

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Full cut-off luminaire. An outdoor lighting fixture shielded in such a manner that all light emitted by the fixture, either directly from the lamp or indirectly from the fixture, is projected below the horizontal plane defined by the fixture.

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Nightclub. An establishment that offers alcoholic beverages at a bar or tables and which may also include a dance floor or periodic live or recorded music or entertainment and which is open for business after 11:00 p.m.

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Surface mine. Any operation involving the breaking or disturbing of the surface soil or rock, where the primary purpose of the operation is to extract or remove sand, soil, gravel, or other natural materials from the earth and to transport the material, or any portion thereof, off the site of the surface mine operation. Specifically exempt from this definition are the following:

< Any excavation for roads, utilities, buildings, drainage structures, channels or ditches, or ponds, lakes or other water bodies or features, whether intended for drainage, recreational or aesthetic purposes, when such excavations are determined by the zoning administrator to be incidental to and in accordance with the approved development plans or site plans for a residential, commercial, industrial or other development activity, even though the excavated material, or a portion thereof, may be hauled off- site and sold. In no case shall any exempted pond or lake have a water depth exceeding thirty-three feet (33') [10m].

< Any excavation for the purpose of conducting a bona fide agricultural operation, including but not limited to excavations to improve drainage, provide watering facilities for livestock or create a holding lagoon for animal waste, but only so long as such excavation is devoted solely to such use.

< Any trench, ditch or hole for utility lines, drainage pipe or other similar public works facilities or projects.

< Excavations for the installation of underground storage tanks, if to be backfilled to natural grade.

< Excavations for the purpose of enlarging or improving an existing structure.

< Any excavation for a pond or lake less than one (1) acre in size when, in the opinion of the zoning administrator, the sole purpose of such pond or lake is the recreational or aesthetic use and benefit of the occupants or intended occupants of the property and the objectives of this chapter would not be served by requiring a use permit. In no case shall any exempted pond or lake have a water depth exceeding thirty-three feet (33')[10m].

< Any excavation found by resolution of the board of supervisors to be operated, or pro-posed to be operated, directly or indirectly by or for the exclusive benefit of the Commonwealth of Virginia for the purpose of facilitating public roadway improvements, pro-vided that such operation will not result in the creation of an excavated pit on the subject property, and provided further that the board is assured that such surface mining operation will be conducted in accordance with appropriate erosion and sediment control practices.

Notwithstanding the foregoing, in any of the above situations where the Zoning Administrator determines that the primary purpose or motivation for the excavation is to sell the excavated material as a commercial undertaking, the excavation shall be considered a surface mine and shall be subject to special use permit review.

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Sec. 24.1-113. Amendments.

Whenever the public necessity, convenience, general welfare, or good zoning practice require, the board may by ordinance, amend, supplement, or change the regulations, district boundaries, or classifications of property established by this chapter.

(c) Procedures for amendment.

(1) Applications for amendment of the zoning ordinance shall be submitted to the zoning administrator and upon completion of all filing requirements, including payment of required fees, shall be deemed received by the board and referred to the commission for its review and recommendation as provided by section 15.2-2285, Code of Virginia.

(2) The commission, after public notice in accordance with section 15.2-2204, Code of Virginia shall hold at least one public hearing on such petition and as a result thereof shall transmit a recommendation to the board. Failure of the commission to report within one hundred (100) days after the first meeting of the com-mission after the proposed amendment or reenactment has been referred to the commission, or such shorter period as may be prescribed by the board of super-visors, shall be deemed approval, unless such proposed amendment or reenactment has been withdrawn by the applicant prior to the expiration of such time period. In the event of such withdrawal, processing of the proposed amendment or reenactment shall cease without further action as otherwise would be required by this subsection.

(3) In the case of a proposed amendment to the zoning map, such public notice shall state the general usage and density range, if any, set forth in the applicable part of the comprehensive plan. However, no land may be zoned to a more intensive use classification than was contained in the public notice without an additional public hearing after notice required by section 15.2-2204, Code of Virginia. Such ordinances shall be enacted in the same manner as all other ordinances.

(4) Upon receipt of the recommendation of the commission, the board, after public notice in accordance with section 15.2-2204, Code of Virginia shall hold at least one public hearing on such petition for amendment, and as a result thereof shall make such changes to the chapter as it deems appropriate, provided further that the board shall act upon and make a decision upon each petition within one (1) year of the date such petition was filed.

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Sec. 24.1-114. Conditional zoning.

(b) Proffer of conditions.

(1) The owner or owners of property for which an application is being made for an amendment to the zoning map may, as part of the application, voluntarily proffer, in writing, reasonable conditions which shall be in addition to the regulations of the zoning district classification sought by the application.

(2) Conditions so proffered may be made prior to the public hearing before the commission. Alternatively, or in addition, in consideration of comments expressed during the commission deliberations on an application, the property owner(s) may, prior to the final public hearing conducted by the board, choose to proffer original conditions or revised conditions.

(3) The board as part of an amendment to the zoning map, may accept such reasonable conditions in addition to the regulations provided by this chapter for the zoning district to which the amendment is requested provided that:

a. the rezoning itself gives rise to the need for the conditions;

b. such conditions have a reasonable relation to the rezoning; and

c. all such conditions are in conformity with the adopted comprehensive plan; and

d. if proffered conditions include the dedication of real property or the payment of cash, the proffered conditions shall provide for the disposition of such property or cash payment in the event the property or cash payment is not used for the purpose for which proffered.

Reasonable conditions shall not include, however, conditions that impose upon the applicant the requirement to create a property owners' association under Chapter 26 (sec. 55-508 et seq) of Title 55, Code of Virginia, which includes an express further condition that members of a property owners' association pay an assessment for the maintenance of public facilities owned in fee by a public entity, including open space, parks, schools, fire departments, and other public facilities not otherwise provided for in section 15.2-2241, Code of Virginia; however, such facilities shall not include sidewalks, special street signs or markers, or special street lighting in public rights-of-way not maintained by the Virginia Department of Transportation.

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Sec. 24.1-115. Special use permits.

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(c) Procedures applicable to permits.

(1) Unless otherwise specified by the conditions of the permit, failure to establish the special use authorized by the permit within two (2) years from the date of approval by the board shall cause the permit to terminate automatically. In the case of uses involving the construction of new buildings or other structures, the use shall be deemed "established" if all necessary foundation work has been completed within the two-year period and construction work is continuously and diligently pursued thereafter under a valid building permit. In the case of uses involving occupancy of land or an existing building, the use shall be deemed "established" only if the land or buildings have been occupied and the proposed activity conducted within the two-year period.

(2) Unless otherwise specified in the conditions of a permit, the initial term of each special use permit shall be for one (1) year from the date of approval. Upon compliance with those conditions and restrictions imposed by the board and all relevant county ordinances, the special use permit shall, without application, be renewed automatically for additional successive one (1) year terms. However, a special use permit shall not be so renewed and shall expire at the end of the term or current renewal thereof if notice of noncompliance with any material condition or restriction is mailed by certified mail to the permittee, at the address shown on the application for the permit or any new address of which the zoning administrator subsequently receives written notice, more than thirty (30) days before the end of the term or the renewal thereof then in effect and such noncompliance is not corrected within thirty (30) days to the satisfaction of the zoning administrator.

The provisions of this section are cumulative with the power of injunction and other remedies afforded by law to the county and, further, shall not be so interpreted as to vest in any applicant any rights inconsistent or in conflict with the power of the county to rezone the subject property or to exercise any other power provided by law.

(3) Once a special use permit is granted, such use may be enlarged, extended, increased in intensity or relocated only in accordance with the provisions of this section unless the board, in approving the initial permit, has specifically established alternative procedures for consideration of future expansion or enlargement. If, however, the specially permitted use is no longer a use permitted in the zoning district in which located, the provisions of article VIII relative to expansion of nonconforming uses shall control any proposed enlargement of the use. If the use that is the subject of the special use permit becomes a use permitted as a matter-of-right through subsequent amendment of this chapter, the special use permit conditions shall be voided but only to the extent they are more restrictive than those conditions applicable generally to such by-right use.

(4) Uses in a district for which a special use permit is required, which were legally existing without such a permit at the time of adoption of this chapter or an amendment thereto which required such a special use permit, shall not be deemed nonconforming uses, but shall, without further action, be deemed con-forming special uses so long as they continue in existence. Such special uses shall be subject to the provisions of subsection (d) below with respect to any enlargement, extension, increase in intensity or relocation.

(5) Where any special use is discontinued for any reason for a continuous period of two (2) years or more, the special use permit shall automatically terminate without notice. A use shall be deemed to have been "discontinued" when the use shall have ceased for any reason, regardless of the intent of the owner or occupier of the property to reinstitute the use at some later date. The approval of a new special use permit shall be required prior to any subsequent reinstatement of the use.

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ARTICLE II. GENERAL REGULATIONS

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DIVISION 5. TRANSPORTATION SYSTEMS ANALYSIS, MANAGEMENT AND SAFETY

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Sec. 24.1-252. Access management.

(a) Access to a use shall be considered to be part of the use and shall require an equivalent or greater intensity zoning classification, unless over a publicly owned and maintained right-of-way. Any entrance or driveway from an existing or proposed non-residential use to a street created as part of a residential subdivision, classified as a minor collector or lower order and located within a residential zoning district shall be authorized only upon the issuance of a special use permit by the board. Prior to considering requests for such special exceptions, the board shall receive a recommendation from the commission and shall conduct at least one (1) public hearing advertised in accordance with section15.2-2204, Code of Virginia, except that all property owners along the residential street proposed to be accessed shall be mailed notice of the proposal and the times and places when public comment may be offered. The commission shall also conduct a duly advertised public hearing before transmitting a recommendation to the board. This provision shall not apply to home occupations established and operated in accordance with this chapter, nor shall it apply to community recreation facilities constructed to serve the residential community in which located, nor shall it apply to pump stations and similar utility appurtenances.

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DIVISION 6. SITE DESIGN STANDARDS

Sec. 24.1-260. General site design standards.

(a) No more land shall be disturbed than is reasonably necessary to provide for the desired use or development. All site plans shall clearly delineate land areas to be disturbed and those which shall remain undisturbed.

(b) Indigenous vegetation shall be preserved to the maximum extent possible consistent with the proposed use and development.

(c) Best management practices shall be applied to all land disturbing activities regulated by this chapter.

(d) Land development proposals shall be designed to minimize impervious cover consistent with the particular use proposed.

(e) New construction on existing slopes in excess of thirty percent (30%) shall be prohibited unless the zoning administrator, after reviewing a detailed soils, geology, and hydrology survey prepared in accordance with acceptable engineering standards and submitted by the applicant, determines that such construction can be accommodated without creating or exacerbating erosion, seepage, or nutrient transport problems. Such survey shall include cross-sections of existing and proposed slopes and detailed plans of drainage devices. Grading such slopes to less than thirty percent (30%) shall also be prohibited unless the zoning administrator determines that such grading is necessary to the overall development; however, in no case shall such grading be used to permit new construction which otherwise would have been prohibited.

(f) Except as exempted below, all outdoor lighting in excess of 3,000 initial lumens associated with land use and development proposals, whether new uses or changes and modifications in existing uses, shall be designed, installed and maintained to prevent unreasonable or objectionable glare onto adjacent rights-of-way and properties and shall incorporate the use of "full cut-off" luminaries/fixtures. The lighting standards established by the Illuminating Engineering Society of North America (IESNA) shall be used to determine the appropriate lighting fixture and luminaries for such uses. The following outdoor lighting applications shall be exempt from these requirements:

(1) Construction, agricultural, emergency or holiday decorative lighting of a temporary nature.

(2) Lighting of the United States of America, Commonwealth of Virginia, or York County flags and other non-commercial flags.

(3) Security lighting controlled by sensors which provide illumination for fifteen (15) minutes or less.
(4) The replacement of an inoperable lamp or component which is in a luminaire that was installed prior to the effective date of this section.

(5) The replacement of a failed or damaged luminaire which is one of a matching group serving a common function.

In addition to the above-noted exemptions, the Zoning Administrator may approve a modification of the full cut-off luminaire requirements in either of the following circumstances:

· Upon finding that alternatives proposed by the owner would satisfy the purposes of these outdoor lighting regulations at least to an equivalent degree; or

· Upon finding that the outdoor luminaire or system of outdoor luminaries required for a baseball, softball, football, soccer or other athletic field cannot reasonably comply with the standard and provide sufficient illumination of the field for its safe use.

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DIVISION 7. ACCESSORY USES

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Sec. 24.1-271. Accessory uses permitted in conjunction with residential uses.

The following accessory uses shall be permitted in conjunction with residential uses. No accessory use, activity or structure, except fences, shall be constructed or conducted until the principal use of the lot has commenced, or the construction of the principal building/structure has commenced and is thereafter diligently and continuously pursued to completion:

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(h) Parking or storage of small cargo or utility trailers, recreational vehicles and similar equipment, including, but not limited to, boats, boat trailers, motor homes, tent trailers and horse vans, and also including commercial vehicles having a carrying capacity of 1-ton or less and used as transportation by the occupant of the dwelling to and from their place of employment, provided that the following requirements are observed:

(1) such vehicles or equipment may not be parked or stored in front yards except on the driveway;

(2) such vehicles or equipment shall not be used for living, housekeeping or business purposes when parked or stored on the lot;

(3) wheels or other transporting devices shall not be removed except for necessary repairs or seasonal storage.

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(j) Fences or walls in single-family residential districts provided that:

(1) fences or walls located in rear yards shall not exceed eight feet (8') [2.5m] in height;

(2) fences or walls located in side yards shall not exceed six feet (6') [2m] in height;

(3) fences or walls located in front yards shall not exceed four feet (4') [1.5m] in height;

(4) fences or walls located on corner lots shall be subject to the visibility standards established in section 24.1-220;

(5) the above standards shall not be deemed to prohibit any fences or walls which may be required for screening, security or safety purposes by other sections of this chapter; in addition, in the case of lots having multiple street frontages which by definition would be considered "front yards," the Zoning Administrator may authorize the installation of fences up to eight (8) feet in height, rather than the 4-foot limit specified above, to provide privacy for the side and rear yard areas of the dwelling based on its orientation on the lot; and

(6) The "finished" side of any fence shall face outward towards surrounding properties and rights-of-ways, except where the Zoning Administrator determines such orientation to be impractical or unnecessary given existing fences or other extenuating circumstances on the adjacent property.

(7) No barbed wire or electrified or similar type fences shall be permitted except in conjunction with a bona fide agricultural operation.

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Sec. 24.1-272. Accessory uses permitted in conjunction with commercial and industrial uses.

The following accessory uses shall be permitted in conjunction with commercial and industrial uses. No accessory use, activity or structure, except fences, shall be constructed or conducted until the principal use of the lot has commenced, or the construction of the principal building/structure has commenced and is thereafter diligently and continuously pursued to completion:

(a) Fences or walls provided that:

(1) fences or walls located in side or rear yards shall not exceed eight feet (8') [2.5m] in height;

(2) fences or walls located in front yards shall not exceed six feet (6') [2m] in height provided that corner visibility standards, as established in section 24.1-220 shall be observed;

(3) the above standards shall not be deemed to prohibit any fences or walls which may be required for screening, security or safety purposes by other sections of this chapter; and

(4) the "finished" side of fences shall face any adjacent public right-of-way or residential zoning districts except where the Zoning Administrator determines such orientation to be impractical or unnecessary given existing fences or other extenuating circumstances on the adjacent property.

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DIVISION 8. HOME OCCUPATIONS

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Sec. 24.1-283. Home occupations permitted by special use permit.

The board may authorize, by special use permit issued in accordance with all applicable procedural requirements as set forth in article I, the following and materially similar types of home occupations subject to the specified conditions:

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(e) Home occupations with non-resident employees.

(1) All home occupation categories whether permitted as a matter of right or by special use permit under section 24.1-282 and 24.1-283 may be authorized under this section to include one (1) or more non-resident employees. The allowable number of non-resident employees shall be specified in the use permit approval.

(2) Evaluation of this allowance shall be based on the general provisions of section 24.1-281 and applicable requirements as set forth in section 24.1-283.

(3) The term of any use permit issued under the provisions of this section shall be for two (2) years or such other specific time period (either lesser or greater) as may be deemed appropriate by the board. Nothing in this section shall be construed to prevent the operator of the home occupation from applying for a new permit prior to or after expiration of the initial permit.

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(Note: Sec. 24.1-283(g) was removed in its entirety.)

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ARTICLE III. DISTRICTS

DIVISION 1. IN GENERAL

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Sec. 24.1-302. Uses not listed.

It is the intent of this chapter to group similar or compatible land uses into specific zoning districts, either as permitted uses or as uses authorized by special permit. In the event a particular use is not listed in this chapter, and such use is not listed in section 24.1-307 as a prohibited use and is not prohibited by law, then the zoning administrator shall determine whether a materially similar use exists in this chapter. Should the zoning administrator determine that a materially similar use does exist, the regulations governing that use shall apply to the particular use not listed and the administrator's decision shall be recorded in writing. Should the zoning administrator determine that a materially similar use does not exist, the matter shall be referred to the planning commission for consideration of the initiation of an application for amendment of the chapter to establish a specific listing for the use in question.

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Sec. 24.1-306. Table of land uses.

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