York County Unincorporated

For single-family detached and attached dwelling units, one (1) permanent non-illuminated wall sign not exceeding one (1) square foot in area and one (1) permanent non-illuminated free-standing sign not exceeding one (1) square foot in area and four (4) feet in height shall be allowed for each unit. For multi-family dwelling units, one (1) permanent non-illuminated wall sign not exceeding four (4) square feet in area and one (1) permanent non-illuminated free-standing sign not exceeding four (4) square feet in area and four (4) feet in height shall be permitted for each building containing apartments.

In addition to the signs allowed by sections 24.1-703 and 24.1-704, the following signs may be erected, altered or maintained in any zoning district when in accordance with the general provisions established in section 24.1-702, except as noted, and provided further, that permits shall not be required unless specifically noted.

The zoning administrator may authorize, by permit, the installation of permanent off-premises directional signs subject to the following findings and conditions:

Such signs shall be limited to a maximum area of eight (8) square feet and a maximum height of six (6) feet and shall comply with all other applicable provisions of this article. Not more than one (1) such sign shall be permitted per parcel.

Signs shall be constructed and maintained in compliance with all applicable provisions of the Virginia Uniform Statewide Building Code and, in general, in a neat and clean condition.

Unless specifically permitted by this chapter, the following signs shall not be permitted in the county:

The board may authorize, by special use permit issued in accordance with all applicable procedural requirements:

If, at the time of the adoption of this chapter or any amendment thereto, any use, lot, or structure is being used in a manner or for a purpose which does not conform to the regulations of the district in which it is located, but which was legal at the time of its creation and which is not prohibited by any other law or ordinance, the use, lot, or structure may be continued, without regard to any change of occupancy or ownership.

No other nonconforming uses shall be enlarged or extended in any way except and unless the board shall authorize such enlargement or expansion through the issuance of a special exception... In no case shall the nonconforming use be permitted to expand by more than fifty percent (50%) of its size measured in building floor area on the date that it became nonconforming.

In the event a nonconforming use ceases for any reason for a period of more than two (2) consecutive years, such nonconforming use shall not be reestablished.

In the event a nonconforming use, or the structure(s) associated with that nonconforming use, is damaged or destroyed by a natural disaster or other cause beyond the control of the owner, such use and associated structure(s) may be reestablished or reconstructed within two (2) years of the date of such damage or destruction... if the nonconforming use is in an area under a federal disaster declaration... then the allowable timeframe for reestablishment or reconstruction shall be four (4) years.

A nonconforming use may at any time, upon approval of a site plan submitted in accordance with article V of this chapter, be changed to a conforming use or to a use which is more nearly conforming with the regulations of the district in which it is located.

Except as provided in section 24.1-801(a) above, no nonconforming use shall be moved in whole or in part on the same lot or parcel or to any other lot or parcel which is not properly zoned to permit such use.

Except as provided in section 24.1-801(a) above, no additional structures which do not conform to the requirements of this chapter shall be erected in connection with such nonconforming use of land.

If a use does not conform to the zoning prescribed for the district in which such use is situated, and if (i) a business license was issued by the locality for such use and (ii) the holder of such business license has operated continuously in the same location for at least 15 years and has paid all local taxes related to such use, the holder of such business license may apply for a rezoning or a special use permit without charge for fees associated with such filing.

No structure which is nonconforming by reason of a conflict with the setback, yard, height or similar regulations of the district in which located may be enlarged, extended, structurally altered or moved in any way which increases its nonconformance with the applicable setback, yard, height or similar regulations of the district in which located.

A nonconforming structure which is damaged or destroyed by a natural disaster, act of God, or other cause beyond the control of the owner may be reconstructed at the location of its original foundation, or at a location on the lot which is conforming or more nearly conforming provided that such reconstruction occurs within two (2) years of such damage or destruction... if the nonconforming building or structure is in an area under a federal disaster declaration... then the allowable timeframe for reestablishment or reconstruction shall be four (4) years.

Nothing in this section shall be construed to prevent the removal of a valid nonconforming manufactured home from a mobile home park and replacing that home with another comparable manufactured home that meets the current HUD manufactured housing code, provided that the degree of nonconformity with any yard or setback requirements applicable to the district in which located does not increase.

Except as may be provided in section 24.1-801(a), structures accessory to a nonconforming principal use shall not be established or enlarged, and the character of uses accessory to a nonconforming principal use shall not be changed.

Nonconforming lots in residential districts may be used for any permitted use provided that the following minimum yard requirements are observed: (1) Front yard: The normally applicable dimension shall be effective and shall not be reduced in depth, unless the standards in section 24.1-222 are met. However, where the front yard setback of an existing structure is nonconforming, but not less than thirty feet (30'), additions to such structure may be constructed at the same setback as the existing structure. (2) Side yard: The normally applicable dimension may be reduced by one foot (1') for each two feet (2') of deficiency in the lot width, but in no case shall any side yard be less than ten feet (10') in width. (3) Rear yard: The normally applicable dimension may be reduced to not less than fifteen percent (15%) of the lot depth, or fifteen feet (15'), whichever is greater.