York County Unincorporated

Fences or walls in single-family residential districts provided that: (1) fences or walls located in rear yards shall not exceed eight feet (8') in height; (2) fences or walls located in side yards shall not exceed six feet (6') in height; (3) fences or walls located in front yards shall not exceed four feet (4') in height; (4) fences or walls located on corner lots and adjacent to street/or driveway intersections 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; (6) 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 six (6) 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; (7) the Zoning Administrator may authorize front and side yard fence heights to be increased to a maximum of eight (8) feet when it is determined that such additional height is necessary to provide screening or buffering of a residential property from an adjacent non-residential use; (8) when a fence is designed/constructed such that the rails, boards, wire mesh or other nonstructural coverings are attached to only one side of the structural supports (i.e., posts, cross rails, etc.), that side shall be considered the "finished" side and shall face outward towards surrounding properties and rights-of-ways. The Zoning Administrator may grant an exception to this requirement upon finding that such orientation is impractical or unnecessary given existing fences or other extenuating circumstances on the adjacent property. (9) No barbed wire or electrified or similar type fences shall be permitted except in conjunction with a bona fide agricultural operation.

Fences or walls in single-family residential districts provided that: (1) fences or walls located in rear yards shall not exceed eight feet (8') in height; (2) fences or walls located in side yards shall not exceed six feet (6') in height; (3) fences or walls located in front yards shall not exceed four feet (4') in height;

On-premises roadside sales of produce provided that: operations shall be limited to no more than ninety (90) days per year; shall be solely for the sale of produce grown or raised on the premises; shall be limited to one temporary on-premises free-standing sign not exceeding three (3) square feet in area; and, shall be allowed only on property where the parking demand can be met on the subject site (i.e., no on street customer parking).

On-premises roadside sales of produce provided that: operations shall be limited to no more than ninety (90) days per year; shall be solely for the sale of produce grown or raised on the premises; shall be limited to one temporary on-premises free-standing sign not exceeding three (3) square feet in area; and, shall be allowed only on property where the parking demand can be met on the subject site (i.e., no on street customer parking).

Yard or garage sales subject to the following provisions: (1) Items offered for sale shall be limited to those which are owned by an occupant of the premises or other participants authorized by this section and which are normally and customarily used or kept on a residential premises. Such items shall not have been specifically purchased or crafted for resale; (2) Participation in such sale shall be limited to the occupant of the premises and not more than four (4) non-occupants. For the purpose of this section, participation shall be construed to mean the offering for sale of items owned by an occupant or participating non-occupant, whether or not that individual is physically present on the premises during the conduct of such sale; (3) Such sales shall be limited to two (2) in any given calendar year per lot. The duration of any single sale shall not exceed three (3) consecutive days.

Yard or garage sales subject to the following provisions: (1) Items offered for sale shall be limited to those which are owned by an occupant of the premises or other participants authorized by this section and which are normally and customarily used or kept on a residential premises. Such items shall not have been specifically purchased or crafted for resale; (2) Participation in such sale shall be limited to the occupant of the premises and not more than four (4) non-occupants. (3) Such sales shall be limited to two (2) in any given calendar year per lot. The duration of any single sale shall not exceed three (3) consecutive days.

Craft sales or shows subject to the following provisions: (1) Items offered for sale shall be limited to those which have been made or crafted by the participants as a hobby or avocation as distinguished from items which are made in the conduct of a home occupation; (2) Participation in such sales or shows shall be limited to an occupant of the premises and not more than four (4) non-occupants. For the purposes of this section, participation shall be construed to mean the offering for sale of items made or crafted by an occupant or participating non-occupant, whether or not that individual is physically present on the premises during the conduct of such sale or show; (3) Not more than one (1) such sale or show event shall be conducted on a premises in any given calendar year. For the purposes of this section, the duration of any sale or show event shall be limited to six (6) days within a period of ten (10) consecutive days; (4) Such sales and shows may be conducted only upon authorization by the zoning administrator of a temporary permit subsequent to application and payment of a five dollar ($5.00) nonrefundable processing fee by an occupant of the premises upon which such sale or show is proposed to be conducted.

Craft sales or shows subject to the following provisions: (1) Items offered for sale shall be limited to those which have been made or crafted by the participants as a hobby or avocation as distinguished from items which are made in the conduct of a home occupation; (2) Participation in such sales or shows shall be limited to an occupant of the premises and not more than four (4) non-occupants. (3) Not more than one (1) such sale or show event shall be conducted on a premises in any given calendar year. For the purposes of this section, the duration of any sale or show event shall be limited to six (6) days within a period of ten (10) consecutive days; (4) Such sales and shows may be conducted only upon authorization by the zoning administrator of a temporary permit subsequent to application and payment of a five dollar ($5.00) nonrefundable processing fee

Small wind energy systems subject to the standards set forth in section Nos. 24.1-231 and 274 of this chapter and provided that roof-mounted systems shall not be permitted in conjunction with single-family detached dwellings.

Solar energy facilities designed to primarily serve the energy demands of the property on which located and subject to the standards set forth in Section 24.1-275 of this chapter.

Pool house when in conjunction with an accessory permanently constructed in-ground swimming pool. Such structures shall not be considered to be an accessory apartment and shall not be used for residential purposes.

Pool house when in conjunction with an accessory permanently constructed in-ground swimming pool. Such structures shall not be considered to be an accessory apartment and shall not be used for residential purposes.

Temporary family health care structures for use by a caregiver in providing care for a mentally or physically impaired person on property that is zoned for single-family residential use and that owned or occupied by the caregiver as his residence, subject to the following performance standards. (1) occupancy of the structure shall be by a mentally or physically impaired person who, for the purposes of this section, shall be deemed to be a person who is a resident of Virginia and who requires assistance with two or more activities of daily living, as defined in Section 63.2-2200 of the Code of Virginia and as certified in writing by a physician licensed by the Commonwealth of Virginia; (2) a maximum of one (1) resident occupant, who shall be the mentally or physically impaired person, shall be permitted; or, in the case of a married couple, two (2) occupants, one of whom is a mentally or physically impaired person, and the other requires assistance with one or more activities of daily living as defined in Section 63.2-2200 of the Code of Virginia, as certified by a physician licensed in the Commonwealth. (3) the structure shall not exceed 300 square feet in gross floor area; (4) the structure shall comply with all applicable provisions of the Industrialized Building Safety Law and the Uniform Statewide Building Code; (5) placement on a permanent foundation shall not be required or permitted; (6) only one such structure shall be permitted on a lot; (7) the structure shall comply with all setback requirements applicable to principal structures in the district in which located; (8) such structure shall be connected to all necessary public and/or private utilities and shall comply with all applicable requirements of the Virginia Department of Health; (9) no signage advertising or otherwise promoting the existence of the structure shall be permitted either on the exterior of the temporary family health care structure or elsewhere on the property; (10) prior to placement of such a structure on a residential property, the property owner shall obtain a permit, available from the office of the zoning administrator; the zoning administrator shall require submission of a sketch plan and such other documentation as deemed necessary to ensure compliance with the standards set forth herein; (11) any temporary family health care structure installed pursuant to this section shall be removed within 60 days of the date on which the temporary family health care structure was last occupied by a mentally or physically impaired person receiving services or in need of the assistance of a caregiver; (12) for the purposes of this section, the term caregiver means an adult who provides care for a mentally or physically impaired person within the Commonwealth and the caregiver shall be either related by blood, marriage, or adoption to, or shall be the legally appointed guardian of, the mentally or physically impaired person for who care is being provided; and, (13) on an annual basis, at least 30 days prior to the anniversary date of the initial permit issuance, the caregiver shall be required to provide evidence of compliance with the terms of this section and to grant zoning and code enforcement personnel the opportunity to conduct an inspection of the property and the structure at a time mutually acceptable to the caregiver and the inspection personnel.

Temporary family health care structures for use by a caregiver in providing care for a mentally or physically impaired person on property that is zoned for single-family residential use and that owned or occupied by the caregiver as his residence, subject to the following performance standards.

Other uses and structures of a similar nature which are customarily associated with and incidental to residential uses as determined by the zoning administrator.

Fences or walls provided that: (1) fences or walls located in side or rear yards shall not exceed eight feet (8') in height; (2) fences or walls located in front yards shall not exceed six feet (6') 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, furthermore, the zoning administrator may authorize the installation of fences exceeding the above height limits when it is determined that such additional fence height would be appropriate for providing screening and buffering benefits to adjoining properties; and (4) when a fence is designed/constructed such that the rails, boards, wire mesh or other nonstructural coverings are attached to only one side of the structural supports (i.e., posts, cross rails, etc.), that side shall be considered the "finished" side and shall face any adjacent public right-of-way or residential zoning districts.

Fences or walls provided that: (1) fences or walls located in side or rear yards shall not exceed eight feet (8') in height; (2) fences or walls located in front yards shall not exceed six feet (6') in height provided that corner visibility standards, as established in section 24.1-220 shall be observed;

Uses intended specifically for the use and benefit of the employees and families or patrons of the principal use such as snack bars, cafeterias, off-street parking spaces, health and fitness, and recreation facilities or similar uses.

Living quarters for a proprietor or manager and family located in the same building as the place of occupation, or living quarters for a watchman or custodian of an industrial establishment.

Incidental repair, installation or assembly facilities for products or equipment used or sold in the operation of the principal use, unless specifically prohibited or otherwise regulated under the applicable district regulations.