York County Unincorporated

Accessory structures shall be located on the same lot as the principal structure. Where adjoining lots are under single ownership and an accessory structure is proposed to be located so as to straddle an interior property line, or where the accessory and principal structures would be on different lots, the owner shall be responsible for preparing and recording, prior to issuance of a building permit, a survey plat to vacate the interior lot line(s) as necessary to ensure the principal and accessory structures are located on the same lot.

The following requirements and performance standards shall apply to all accessory small wind energy systems: (a) Small wind energy systems meeting the height limitations set forth in section 24.1-231(a)(1) shall be subject to administrative review and approval by the zoning administrator, and shall be approved if meeting all requirements of this section. Any small wind energy system in excess of those height allowances shall be subject to review and approval pursuant to the special use permit procedures and requirements set forth in section 24.1-115 of this chapter. (b) Every application for a small wind energy system shall be accompanied by scaled elevation drawings of the proposed system, including colors and specifications, and certification from a licensed professional engineer that the support structure of the system will have the structural integrity to carry the weight and wind loads of the small wind energy system. (c) Small wind energy systems shall not be permitted in the YVA zoning district. (d) The height of any small wind energy system shall be measured from ground level to the highest point of the turbine rotor at its highest elevation. (e) The minimum setback of any small wind energy system shall be equal to the height of the system. Guy wire anchors shall not be permitted in any front or side yard. (f) The minimum distance between the ground and any protruding blades utilized on a small wind energy system, as measured at the lowest point of the arc of the blades, shall be ten feet (10'). (g) Unless otherwise provided for by the Board of Supervisors through the approval of a special use permit, small wind energy systems shall be permitted only in a rear yard. (h) Other than safety and warning signs, no signage, flags, streamers, or decorative items shall be attached or affixed to any component of the system. (i) Turbines and support structures shall be predominantly white, off-white, gray, or a similar nonobtrusive color. (j) No portion of a small wind energy system shall be illuminated unless required by the Federal Aviation Administration. (k) All small wind energy systems and the construction and installation thereof shall conform to the applicable requirements of the Uniform Statewide Building Code. (l) Building permit applications for small wind energy systems shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code. (m) Small wind energy systems shall be operated in compliance with the provisions of Section 16-19, Unnecessary or excessive noise, of the York County Code. (n) The applicant shall provide evidence that the proposed height of the small wind energy system tower does not exceed the height recommended by the manufacturer or distributor of the system. (o) The applicant shall provide evidence in writing that the provider of electric utility service to the site has been informed of the applicant's intent to install an interconnected customer-owned electricity generator, unless the applicant intends, and so states on the application, that the system will not be connected to the electricity grid. (p) In order to prevent unauthorized climbing, the supporting tower shall be enclosed with a six-foot tall privacy fence or the base of the tower shall not be climbable for a distance of ten (10) feet. (q) The small wind energy system's generators and alternators shall be constructed so as to prevent the emission of radio and television signals and shall comply with the provisions of Section 47 of the Code of Federal Regulations, Part 15 and subsequent revisions governing said emissions. (r) Any small wind energy system found to be unsafe by the building official shall be repaired by the owner to meet applicable federal, state, and local safety standards or removed within six months. If use of any small wind energy system ceases for a continuous period of one year, the County shall notify the owner of the property on which the system is located by certified mail that a removal notice is forthcoming. Within thirty (30) days of such notification, the landowner shall either provide evidence that the system has been in operation or set forth reasons for the operational difficulty and the corrective measures being taken or proposed to restore operability. The landowner shall either take corrective action or dismantle and remove the system within six (6) months thereafter. (s) The installation and design of the system shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI).

Small wind energy systems meeting the height limitations set forth in section 24.1-231(a)(1) shall be subject to administrative review and approval by the zoning administrator, and shall be approved if meeting all requirements of this section. Any small wind energy system in excess of those height allowances shall be subject to review and approval pursuant to the special use permit procedures and requirements set forth in section 24.1-115 of this chapter.

Every application for a small wind energy system shall be accompanied by scaled elevation drawings of the proposed system, including colors and specifications, and certification from a licensed professional engineer that the support structure of the system will have the structural integrity to carry the weight and wind loads of the small wind energy system.

Small wind energy systems shall not be permitted in the YVA zoning district.

The minimum setback of any small wind energy system shall be equal to the height of the system. Guy wire anchors shall not be permitted in any front or side yard.

The minimum distance between the ground and any protruding blades utilized on a small wind energy system, as measured at the lowest point of the arc of the blades, shall be ten feet (10').

Unless otherwise provided for by the Board of Supervisors through the approval of a special use permit, small wind energy systems shall be permitted only in a rear yard.

Other than safety and warning signs, no signage, flags, streamers, or decorative items shall be attached or affixed to any component of the system.

Turbines and support structures shall be predominantly white, off-white, gray, or a similar nonobtrusive color.

No portion of a small wind energy system shall be illuminated unless required by the Federal Aviation Administration.

In order to prevent unauthorized climbing, the supporting tower shall be enclosed with a six-foot tall privacy fence or the base of the tower shall not be climbable for a distance of ten (10) feet.

Accessory solar energy facilities shall be subject to the following provisions and standards: a) The cumulative area of all accessory ground-mounted facilities shall not exceed the footprint of the principal structure on the subject property. b) Any equipment mounted on a principal building or accessory building shall not extend above the height of the ridgeline of the building to which it is attached. c) Any ground-mounted facility shall not exceed twenty feet (20') in height, or the height of the principal structure, whichever is less. d) Solar energy facilities shall be operated in compliance with the provisions of Section 16-19, Unnecessary or excessive noise, of the York County Code. e) Ground-mounted solar energy facilities shall not be located in front or side yards and all parts of such facilities shall comply with the requirements set forth in Section 24.1-273, Location, height, and size requirements. f) A building permit shall be obtained for a solar energy facility in accordance with the Building Code. The applicant shall submit certificates of design compliance obtained by the equipment manufacturer from a certifying organization and any such design shall be certified by an engineer registered in the Commonwealth of Virginia. g) Applications for Building Permits shall be accompanied by scaled horizontal and vertical (elevation) drawings of the facility. The drawings must show the location of the facility on the building, or on the property for a ground-mounted facility, including the property lines and setback lines. h) The plan submission shall be accompanied by documentation, prepared and certified by a professional engineer, attesting that the solar facility has been sited and designed properly to minimize glare.

The cumulative area of all accessory ground-mounted facilities shall not exceed the footprint of the principal structure on the subject property.

Any equipment mounted on a principal building or accessory building shall not extend above the height of the ridgeline of the building to which it is attached.

Any ground-mounted facility shall not exceed twenty feet (20') in height, or the height of the principal structure, whichever is less.

Ground-mounted solar energy facilities shall not be located in front or side yards and all parts of such facilities shall comply with the requirements set forth in Section 24.1-273, Location, height, and size requirements.

Home occupations, as defined in section 24.1-104, shall be a permitted residential accessory use in conjunction with any lawful residential use if in conformance with the following provisions.

All home occupations shall be subject to the following provisions unless excepted by the board in accordance with the provisions of section 24.1-283: (a) The owner/operator and business license holder of the home occupation shall reside on the premises. No person other than individuals residing on the premises shall be engaged on the premises in such operation at any given time unless otherwise authorized under sections 24.1-282(a) or 24.1-283(e). (b) Such home occupation shall not generate traffic, parking, sewage, or water use in excess of that which is normal in the residential neighborhood. (c) The outside appearance of the building or premises or other evidence of the conduct of such home occupation shall maintain a residential appearance visible from the street or adjacent properties. (d) Outdoor storage shall not be permitted unless through special use permit. (e) Such home occupation shall not generate traffic, parking, sewerage or water use in excess of that which is normal in the residential neighborhood. (f) Any demand for parking generated by the conduct of such home occupation(s) which is in addition to the spaces required for the residential use shall be accommodated off the street in a suitably located and surfaced space. Parking must be ten feet (10') from any property line and where three (3) or more spaces are required they shall be effectively screened and buffered by landscaping from view of adjacent residential properties and the home occupation shall be authorized only by issuance of a special use permit by the board. In its approval action, the Board will specify the maximum parking limits associated with the home occupation. (g) No aspect of such home occupation operation shall exceed the sound levels noted in Section 16-19.3. Such aspects shall include, but shall not be limited to, equipment, employees, owners, customers, or clients. The occupation or activity shall not require the use of machinery or equipment that creates odor, smoke, dust, glare, flammable or toxic substances, or is dangerous or otherwise detrimental to persons residing in the home or on adjacent property. (h) Commercial vehicles with a gross vehicle weight of ten thousand (10,000) pounds to sixteen thousand (16,000) pounds, or a length of 21 feet or more, including trailers or other attachments must be kept in a garage or an enclosed and screened storage yard and not visible from the public streets or adjacent properties.

The owner/operator and business license holder of the home occupation shall reside on the premises. No person other than individuals residing on the premises shall be engaged on the premises in such operation at any given time unless otherwise authorized under sections 24.1-282(a) or 24.1-283(e).