On the agenda: Yorktown Planning Commission Meeting — data center (Nov 12)

Agenda
Planning Commission
York Hall
301 Main Street
Yorktown, VA 23690
Thursday, November 12, 2026, 7:00 PM

A. Call to Order
B.

Roll Call

C. Pledge of Allegiance to the Flag of the United States of America
D. Approval of Minutes
1.

Approval of minutes. Consider approval of the minutes from the October 14, 2026, York County
Planning Commission meeting.

E.

Citizens' Comment Period

F.

Public Hearings
2.

Application No. ZT-224-26, York County Planning Commission: Consider amendments to the
York County Zoning Ordinance (Chapter 24.1), for cannabis related uses to include definitions,
adding uses to the table of land uses, and establishing performance and parking standards.

3.

Application No. ZT-225-26, York County Planning Commission: Consider various amendments
to the York County Zoning Ordinance (Chapter 24.1). Phase 2 of the Housekeeping Amendments
intended to update land use regulations, reflect changes to the Code of Virginia, and streamline
regulatory standards for more efficient administration.

G. Old Business
H. New Business
I.

Staff Reports/Recent Actions by the Board of Supervisors

J.

Committee Reports
4.

Draft Planning Commission Bylaws

K. Commission Reports and Requests
L.

Adjournment

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MINUTES
YORK COUNTY PLANNING COMMISSION
Regular Meeting
York Hall, 301 Main Street
October 14, 2026
MEMBERS
Thomas W. Chamberlain
Glen D. Titus
Gregory “Skip” Brooks
John Butler
Nicholas Borelli
Jeffrey D. Wassmer
Joseph P. Smith
CALL TO ORDER
Chair Brooks stated that the Code of Virginia requires local governments to have a Planning
Commission, the purpose of which is to advise the Board of Supervisors on land use and planning
issues affecting the County. He explained that this responsibility is exercised through
recommendations conveyed by resolutions or other official means, all of which are matters of
public record. He stated that the Commission is comprised of seven citizen volunteers appointed
by the Board, including one representative from each voting district and two at-large members.
ROLL CALL
The roll was called, all Commissioners were present. Staff members present were Earl W.
Anderson, Director of Planning and Development Services; Cory Carney, Deputy Director of
Planning and Development Services; Sheree Konstantinou, Deputy County Attorney; Jeanne
Carner, Senior Planner; Sean McNash, Senior Planner; Madison Scalf, Planner; Cathy Tartabini,
Planning Assistant.
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Chair Brooks led the Pledge of Allegiance.
APPROVAL OF MINUTES
Mr. Wassmer moved to adopt the minutes of the regular meeting on August 12, 2026. The motion
was approved (6:0) with Mr. Titus abstaining.
CITIZEN COMMENTS
Chair Brooks opened the citizen comment period.
Mary Kohlenhoefer, 104 Wingate Drive, spoke as a representative for the residents of the
Carriage Homes of Williamsburg located at the end of Common Way which intersects with Bypass
Road and serves as the only way in and out for the neighborhood. She stated Commons Way
already carries substantial local traffic with 150 carriage homes, Cracker Barrel, Golden Corral, a
senior living community, two hotels and condominiums. She added the primary concern is the
additional traffic that the proposed Sheetz would generate and how the traffic study addresses its
impact on the neighborhood and the other communities along Commons Way. Bypass Road,

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Richmond Road, and Mooretown Road are all heavily used corridors especially when many drivers
appear to use Mooretown Road as an alternative to Richmond Road because it is more accessible
and easier to travel. She stated that Sheetz is required to provide a traffic study, the site has two
traffic signals and, because Commons Way has only one entrance and exit, the cumulative effect
of project-generated traffic, especially during peak periods, is a serious concern for their residents.
Chair Brooks closed the citizen comment period.
PUBLIC HEARINGS
Application No. UP-1075-26, Sheetz, Inc: Request to authorize a Special Use
Permit, pursuant to Section 24.1-306 [Category 12, No. 2] of the York County
Zoning Ordinance, to establish an automobile fuel dispensing establishment with
an accessory convenience store on 4.00 acres, 3.51-acres (GPIN D15c-1307-2055)
located at 120 Bypass Road (Route 60) and an approximately 0.49 acre portion of
200 Bypass Road (GPIN D15c-1670-1946). The property is zoned GB (General
Business) and is designated General Business in the Comprehensive Plan.
Sean McNash, Senior Planner, presented the staff report dated September 29, 2026, and
recommended the Commission forward this application to the Board of Supervisors with a
recommendation of approval subject to the conditions set forth in Resolution No. PC 26-20.
Mr. Smith referred to the Traffic Impact Analysis (TIA) and asked if there was a net increase in
daily trips or is it the same when the hotel was operating.
Mr. McNash referred to the applicant who coordinated with the engineer in analyzing the traffic
impacts as they would be better at addressing this question.
Mr. Wassmer stated that 5,000 daily trips sounded heavy and asked if drive by traffic was
included in the reported daily trips.
Mr. McNash stated a trip is defined as a car coming in as one trip and a car leaving as another
trip, however as part of the trip generation, the calculations can account for what is known as pass
by trips. He deferred to the applicant.
Mr. Butler asked if the applicant is working with the Virginia Department of Transportation
(VDOT).
Mr. McNash replied that staff received VDOT comments last week and the applicant has been
coordinating with VDOT during that time.
Mr. Brooks asked if VDOT considers daily trips over a twelve-month basis or during peak tourist
season.
Mr. McNash stated it is based off the trip design manual’s guidance, such as determining the
number of trips per use based upon the square footage or another factor. However, he also referred
to the applicant to explain the various factors considered when determining the number of trips.

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Chair Brooks opened the public hearing.
Emily Bittner, 901 E. Byrd Street, Richmond, spoke as the attorney representing Sheetz Inc,
introduced the design team, and thanked the planning staff and attorneys’ office for their
assistance, cooperation, and communication during the Special Use Permit process. She stated
Sheetz is a family-owned Pennsylvania company with approximately 750 locations across the
Mid-Atlantic and Midwest, employing about 21,000 people and is known for clean, modern
convenience stores and fueling stations, as well as coffee, mobile food pickup, and outdoor seating.
The company is also active in community organizations, including Make-A-Wish and Special
Olympics Virginia, and has received recognition for trustworthiness, workplace quality, and
corporate citizenship. She said Sheetz, Inc. is both the developer and tenant for this project, and
the property owners are Kalin Capital LLC, which owns 120 Bypass Road, and Cracker Barrel
Old Country Store, Inc., which owns 200 Bypass Road. Ms. Bittner added the proposed site is
adjacent to the vacant Hooters to the west and Cracker Barrel to the east and is on the former
Williamsburg Suites property. The hotel has been vacant for approximately a year and has become
increasingly deteriorated. Redeveloping the site would remove a blighted structure, improve a
gateway corridor identified in the County’s Comprehensive Plan, and provide services for
residents, employees, and visitors.
She said Sheetz proposes demolishing the existing hotel to construct an automobile fuel dispensing
establishment with a convenience store and the project would be a standalone development with
no residential or additional commercial uses. It would use existing utilities and services and would
not create impacts on schools or County services. She noted the design reflects County standards,
including the required Tourist Corridor Management (TCM) Overlay color palette, enhanced
landscaping for the corridor, a multi-use path, and site design intended to safely accommodate
pedestrians and cyclists alongside vehicles. The project would also preserve several existing
mature trees and convert a significant portion of the current impervious surface to green space,
reducing stormwater runoff and providing an environmental benefit.
She stated traffic access has been carefully considered, and the primary entrance and exit would
use an existing, currently unused driveway on the Cracker Barrel parcel, completing the fourth leg
of the signalized intersection at Bypass Road and Waller Mill Road. A right-in-only access would
be provided west of the signal near the previous Hooters establishment and the proposal would not
increase the total number of access points, but instead, would relocate and reorient existing access.
VDOT has provided 59 total comments, the substantive comments are primarily items 1 through
11 while the remainder are technical or minor. Sheetz and Kimley Horn are working through those
comments, and they are not expected to change the overall conclusions or recommendations in the
traffic impact analysis.
Mr. Titus asked about the right in/right out on Bypass Road.
Ms. Bittner confirmed it is right in/right out only.
Mr. Chamberlain referred to the sketch plan illustrating the mobile pickup window and stated
the building in the plan is 90 degrees different than the building in the other plans.
Tony Caruso, spoke as an engineer and the project manager with Sheetz Inc. and said they
explored several different layouts as they moved through the process and that the exhibit did not
get updated and apologized for the confusion.

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Mr. Smith asked if there was a change from the trip calculation when the hotel was operating
versus the trip calculation for the Sheetz application.
Omar Kanaan spoke as the traffic engineer with Kimley-Horn and said, because the hotel was
closed, the associated calculation was not considered, and the analysis assumed the additional
traffic was wholly generated by the proposed development. He referred to the 5,000 trips and said
the proposed use is a convenience store and fueling station and approximately 75% of the traffic
is expected to be pass-by traffic, consistent with industry-standard rates derived from various
studies. Pass-by trips represent vehicles already traveling on the adjacent roadway that stop at the
site while enroute to another destination. Therefore, although the 5,000 trips account for vehicles
entering and exiting the site, they do not directly translate to an equivalent number of new trips on
the roadway.
Mr. Smith asked if there were any VDOT comments Sheetz was more concerned about.
Mr. Kanaan stated comments 1 through 11 were general comments that would need to be
addressed and the rest are a result of conflicts between the software versions; Kimley-Horn have
the latest software and VDOT lags two years behind.
Mr. Borelli asked for clarification regarding the Executive Summary that describes the level of
service as nothing worse than a D.
Mr. Kanaan replied that when we model everything we do for the study, we model it with the
store and without the store and the letter grade does not change the traffic impact when they add
the store.
Chair Brooks asked was the TIA completed during peak tourist times.
Mr. Kanaan stated VDOT wanted them to focus on the tourist times, so they had to wait to collect
the counts during the summer and the analysis periods were the morning peak, commuter peak,
and afternoon peak when drivers are returning home from work and weekend peak. The daily trips
is roughly 5,000.
Mr. Titus commented that this is the third Sheetz in the County which is phenomenal growth and
asked if there is any assurance that those locations will remain successful.
Mr. Caruso stated when Sheetz comes into an area, Sheetz is trying to serve the community, not
just the drivers off the highway. He said one of the difficulties with expanding into a new market
is everything inside the store comes from the distribution center. The more stores a distribution
center can serve the better.
Mr. Titus asked if there were more stores planned for the Tidewater area and is there going to be
another Distribution Center.
Mr. Caruso replied they would not build a new distribution center for this market, and the goal
would be a total of 10-12 new stores in this area between existing stores under construction and
new stores being considered.
Nancy Cantu, 121 Bastille Court expressed concern that additional traffic could cut through the
Cracker Barrel parking lot and use the neighborhood’s main entrance, potentially compromising

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residents’ safety. She emphasized that the increased traffic could pose risks to senior residents who
walk their dogs and to residents of Commonwealth Assisted Living who frequently walk between
the facility and Cracker Barrel. Ms. Cantu stressed the importance of preserving the
neighborhood’s safe environment and ensuring residents can enter and exit the community without
increased traffic or additional safety concerns.
With no one else wishing to speak regarding the application, Chair Brooks closed the public
hearing.
Mr. Chamberlain stated he drives that road frequently and has no issues with the application and
said it will be a good addition to that area.
Mr. Smith concurred and said the application is consistent with the Comprehensive Plan,
conforms to the TCM, and redevelops a rundown property. He noted that VDOT did a great job
addressing the second entrance concern and it will be an improved facility that is not a tourist
attraction. He will support this application.
Mr. Borelli reviewed the Comprehensive Plan and noted that the Waller Mill Road and Bypass
Road intersection has a relatively high Equivalent Property Damage Only (EPDO) score,
approximately 35% above the average score of 14.1 for the five highest-ranked locations,
identifying it as an area of concern. However, a review of the more recent 2023 Hampton Roads
Regional Safety Study conducted by the Hampton Roads Transportation Planning Organization
(HRTPO) suggests that the intersection is no longer among the county’s top five highest-concern
locations. While traffic safety concerns remain valid, he concluded that the intersection does not
present an exceptionally high level of concern compared with other locations in the area.
Regarding concerns about traffic passing through the Cracker Barrel parking lot to access the
proposed Sheetz, the speaker clarified that the current plans do not indicate a direct connection
between the two properties and that no such connection is anticipated. Overall, he found the
proposed development consistent with the Comprehensive Plan and considered it appropriate,
concluding that the traffic-related concerns, while understandable, do not appear significant
enough to prevent the development, provided appropriate mitigation measures are implemented.
Mr. Butler stated he had no issues.
Mr. Titus acknowledged that the proposed development would improve the currently blighted
area, which would be a positive outcome. However, concerns were raised regarding vehicles
exiting Sheetz and turning right near the Waller Mill Road traffic signal, located only a few
hundred yards away. He noted drivers attempting to make a left turn across three lanes of traffic
rather than proceeding to a safer location to make a U-turn could increase the risk of crashes.
Although this concern is considered reasonably mitigable and not a reason to oppose the project,
appropriate measures should be considered to address traffic safety. Mr. Titus also expressed some
concern about the County having three Sheetz locations but acknowledged that the company is
experienced in its operations.
Mr. Smith moved the adoption of Resolution No. PC26-20.

A RESOLUTION TO RECOMMEND APPROVAL OF A SPECIAL USE
PERMIT TO AUTHORIZE AN AUTOMOBILE FUEL DISPENSING
ESTABLISHMENT WITH AN ACCESSORY CONVENIENCE STORE

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WHEREAS, Sheetz Inc. has submitted Application No. UP-1075-26 to request a Special
Use Permit to authorize an automobile fuel dispensing establishment with an accessory
convenience store, pursuant to Section 24.1-306 (Category 12, No. 2) of the York County Zoning
Ordinance, on 4.00 acres, 3.51-acres (GPIN D15c-1307-2055) located at 120 Bypass Road (Route
60) and an approximately 0.49 acre portion of 200 Bypass Road (GPIN D15c-1670-1946); and
WHEREAS, said application has been forwarded to the York County Planning
Commission in accordance with applicable procedure; and
WHEREAS, the Planning Commission has conducted a duly advertised public hearing on
this application; and
WHEREAS, the Commission has carefully considered the public comments with respect
to this application;
NOW, THEREFORE, BE IT RESOLVED by the York County Planning Commission this
the 12th day of_October, 2026, that Application No. UP-1075-26 be, and it is hereby, forwarded
to the York County Board of Supervisors with a recommendation of approval to authorize an
automobile fuel dispensing establishment with an accessory convenience store, pursuant to
Section 24.1-306 (Category 12, No. 2) of the York County Zoning Ordinance, on 4.00 acres, 3.51acres (GPIN D15c-1307-2055) located at 120 Bypass Road (Route 60) and an approximately 0.49acre portion of 200 Bypass Road (GPIN D15c-1670-1946) subject to the following conditions:
1. This Special Use Permit shall authorize an automobile fuel dispensing establishment with an
accessory convenience store, pursuant to Section 24.1-306 (Category 12, No. 2) of the York
County Zoning Ordinance, on 4.00 acres, 3.51-acres (GPIN D15c-1307-2055) located at 120
Bypass Road (Route 60) and an approximately 0.49-acre portion of 200 Bypass Road (GPIN
D15c-1670-1946).
2. A site plan prepared in accordance with the provisions set forth in Article V of the Zoning
Ordinance shall be submitted to and approved by the York County Division of Development
Services prior to the commencement of any construction or land disturbing activities on the
site. Said site plan shall be in substantial conformance with the conceptual plan titled
“SKETCH PLAN” (herein referred to as the “conceptual plan”) prepared by Kimley Horn, and
dated August 31, 2026, except as modified herein. A copy of the conceptual plan shall remain
on file in the office of the Planning Division.
3. Building and structure architecture and design shall be in compliance with the provisions set
forth in Section 24.1-375, Tourist Corridor Management overlay district, of the Zoning
Ordinance and shall be in substantial conformance with the following elevations, which shall
be kept on file in the office of the Planning Division:
a. Convenience store architecture and design shall be in substantial conformance with the
elevations titled “EXTERIOR ELEVATIONS” prepared by Convenience Architecture
and Design P.C., dated July 22, 2026, except as modified herein.
b. Automobile fuel dispensing architecture and design shall be in substantial conformance
with the elevations titled “GAS AWNING” prepared by Convenience Architecture and
Design P.C., dated August 27, 2026, except as modified herein.
c. Dumpster screening shall be in substantial conformance with the elevations titled
“TRASH ENCLOSURE” prepared by Convenience Architecture and Design P.C.,
dated July 15, 2025, except as modified herein.

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d. All freestanding signs on the subject property shall be monument signs and shall be in
substantial conformance with the elevations titled “MONUMENT SIGN DETAILS”
prepared by Convenience Architecture and Design P.C., dated August 28, 2026, except
as modified herein.
4. All site entrances shall be designed and located in accordance with applicable York County
and Virginia Department of Transportation standards and subject to York County and VDOT
approval.
5. The sale of high-flow diesel for the fueling of tractor-trailer trucks on site is prohibited.
6. In accordance with Section 24.1-115(b)(6) of the York County Zoning Ordinance, a certified
copy of the resolution approving this Special Use Permit shall be recorded at the expense of
the applicant, in the name of the property owners, Kalin Capital LLC (120 Bypass Road) and
Cracker Barrel Old Country Store, Inc. (200 Bypass Road), as grantors in the office of the
Clerk of the Circuit Court prior to the establishment of the use on the properties.
BE IT FURTHER RESOLVED that this Special Use Permit is not severable and invalidation of
any word, phrase, clause, sentence, or paragraph shall invalidate the remainder.
On a roll call the vote was:
Yea: (7)
Nay: (0)

Titus, Butler, Borelli, Smith Wassmer, Chamberlain, Brooks

Therefore, the motion to approve the application was approved.
***
Application No. UP-1076-26, Take 5 Properties SPV LLC: Request to authorize
a Special Use Permit, pursuant to Section 24.1-306 [Category 12, No. 3] of the
York County Zoning Ordinance, to establish an automotive oil change service
building on 1.09-acres (GPIN D15c-2485-2309) located at 301 Bypass Road
(Route 60). The property is zoned GB (General Business) and is designated General
Business in the Comprehensive Plan.
Jeanne Carner, Senior Planner, presented the staff report dated September 11, 2026, and
recommended the Commission forward this application to the Board of Supervisors with a
recommendation of approval subject to the conditions set forth in Resolution No. PC 26-21.
Mr. Chamberlain asked for clarification regarding the bay doors facing Bypass Road and stated
he had seen car washes with bay doors that face Bypass Road.
Mrs. Carner stated the code requirement is that the bay doors don’t face the road.
Mr. Butler asked how many trees are on the site and how many trees will be removed and what
is the rationale for the 6-foot requirement.
Mrs. Carner stated she didn’t count the number of trees and deferred to the applicant. She said
the six-foot standard is typically used and staff believe it provides the best screening.

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Mr. Titus noted that the Sheetz driveway is highlighted on page 9 of the TIA.
Mr. Anderson addressing Mr. Butler question, referred to the Landscape Plan and stated that Take
5 is only keeping a few pine trees and will replant with more evergreen trees.
Mr. Anderson referred to Mr. Chamberlain’s question regarding the bay doors, stating it has
always been the policy of the Planning Division that if a bay door is visible from a right-of-way,
it needs to be screened in some way. He referred to Take 5 on Route 17, noting the landscaping
and wall that was added to the site.
Mr. Smith noted an administrative correction of the resolution numbering.
Chair Brooks opened the public hearing.
Ethan Alexander of Kimley Horn spoke as the representative for Take 5 and stated the 1.09-acre
parcel, currently occupied by a single-family home and zoned General Business (GB), is proposed
for redevelopment. He said the project includes a cross-connection to the shopping center behind
the property and the Traffic Impact Analysis (TIA), including the access management component,
has been approved, and the applicant has worked closely with the County and VDOT to address
traffic concerns and ensure compliance with the Tourist Corridor Overlay District requirements.
He added recent traffic counts provided by Sheetz were incorporated into the analysis at the
County’s recommendation, accounting for existing traffic and the anticipated additional trips
associated with the proposed Take 5 development. He noted the project is expected to generate
approximately eight additional trips during the morning peak hour, with no significant traffic
concerns identified. He addressed existing trees and the required greenbelt buffer; the applicant
emphasized the importance of balancing tree preservation with building needs and public safety.
One tree near the center of the site is proposed for removal to accommodate the building, while
the remaining trees may be retained and incorporated into the required landscaping. The applicant
also noted concerns about the stability of the existing pine trees, particularly their proximity to
overhead power lines along Bypass Road and expressed a desire to protect both the proposed
building and existing utility infrastructure. The applicant concluded by thanking County staff for
their thorough review and collaboration throughout the approval process.
Mr. Butler asked if there were issues with adding 35 trees that staff suggested.
Mr. Alexander replied no and referred to the landscape plan that meets code minimum
requirements.
With no one else wishing to speak regarding the application, Chair Brooks closed the public
hearing.
Mr. Wassmer moved the adoption of Resolution No. PC26-21.

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A RESOLUTION TO RECOMMEND APPROVAL OF A SPECIAL USE
PERMIT TO AUTHORIZE AN AUTOMOTIVE OIL CHANGE SERVICE
BUILDING LOCATED AT 301 BYPASS ROAD (ROUTE 60)
WHEREAS, Driven Brands, Inc. has submitted Application No. UP-1076-26 to request a
Special Use Permit to authorize an automotive oil change service building, pursuant to Section
24.1-306 (Category 12, No. 3) of the York County Zoning Ordinance, on a 1.09-acre parcel (GPIN
D15c-2485-2309) located at 301 Bypass Road (Route 60); and
WHEREAS, said application has been forwarded to the York County Planning
Commission in accordance with applicable procedure; and
WHEREAS, the Planning Commission has conducted a duly advertised public hearing on
this application; and
WHEREAS, the Commission has carefully considered the public comments with respect
to this application;
NOW, THEREFORE, BE IT RESOLVED by the York County Planning Commission this
the 12th day of October, 2026, that Application No. UP-1076-26 be, and it is hereby, forwarded
to the York County Board of Supervisors with a recommendation of approval to authorize an
automotive oil change service building, pursuant to Section 24.1-306 (Category 12, No. 3) of the
York County Zoning Ordinance, on a 1.09-acre parcel (GPIN D15c-2485-2309) located at 301
Bypass Road (Route 60) subject to the following conditions:
1. 1.This Special Use Permit shall authorize an automotive oil change service building,
pursuant to Section 24.1-306 (Category 12, No. 3) of the York County Zoning Ordinance,
on 1.09-acre parcel (GPIN D15c-2485-2309) located at 301 Bypass Road (Route 60).
2. A site plan prepared in accordance with the provisions set forth in Article V of the Zoning
Ordinance shall be submitted to and approved by the York County Division of
Development Services prior to the commencement of any construction or land disturbing
activities on the site. Said site plan shall be in substantial conformance with the conceptual
plan titled “SITE PLAN” prepared by Kimley-Horn and dated September 18, 2026;
narrative titled “Project Narrative For: Take 5 Oil Change 301 Bypass Road Williamsburg,
VA” prepared by Kimley-Horn and dated September 23, 2026; building elevations titled
“EXTERIOR ELEVATIONS” prepared by COR3 DESIGN, LLC and dated August 31,
2026; traffic impact analysis titled “Take 5 Traffic Impact Analysis York County, VA”
prepared by Kimley-Horn and dated August 2026; except as modified herein. A copy of
the conceptual plan shall remain on file in the office of the Planning Division.
3. All site entrances shall be designed and located in accordance with applicable York County
and Virginia Department of Transportation standards and subject to York County and
VDOT approval.
4. A 35-foot greenbelt buffer shall be replanted in accordance with the standards of Section
24.1-245 and include evergreen trees with a minimum planting height of six feet (6’) that
maintain branching to the ground planted in a staggered double row along the property’s
frontage.

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5. The side property lines (along the east and west property lines) shall be planted with a
staggered double row of evergreen trees, with a minimum planting height of six feet (6’),
with branching maintained to the ground. The rows of evergreen trees shall extend north
(toward the rear property line) approximately sixty feet (60’) from the front (south)
property line.
6. The Rookwood Brown-painted stucco wainscoting shown at the base of the structure on
the submitted elevations shall be replaced and constructed with exposed brown brick.
7. In accordance with Section 24.1-115(b)(6) of the York County Zoning Ordinance, a
certified copy of the resolution approving this Special Use Permit shall be recorded at the
expense of the applicant, in the name of the property owners as grantors in the office of the
Clerk of the Circuit Court prior to the establishment of the use on the properties.
BE IT FURTHER RESOLVED that this Special Use Permit is not severable and invalidation of
any word, phrase, clause, sentence, or paragraph shall invalidate the remainder.
On a roll call the vote was:
Yea: (7)
Nay: (0)

Butler, Borelli, Smith, Wassmer, Chamberlain, Titus, Brooks

Therefore, the motion to approve the application was approved
***
Application Nos. ST-027-26 and ZT-222-26, York County Planning
Commission: Consider amendments to the following sections of the York County
Subdivision Ordinance (Chapter 20.5) and the York County Zoning Ordinance
(Chapter 24.1), York County Code.
Sean McNash, Senior Planner, presented the staff report dated September 28, 2026, and
recommended the Commission forward this application to the Board of Supervisors with a
recommendation of approval subject to the conditions set forth in Resolution No. PC 26-19.
Mr. Smith asked if HYDC has reviewed and approved of these changes.
Mr. McNash replied we have not yet discussed these changes with HYDC; however, we have
spoken with Jeanne Carner, HYDC liaison, and she led the efforts to make these changes.
Mr. Titus asked how did the staff decide on R3, R7, etc.
Mr. McNash replied that R7 corresponds to the current minimum lot size of 7,000 square feet and
R3 corresponds to the proposed 3,000 square foot lot size.
Mr. Titus asked if tractor repair would require a Special Use Permit.

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Mr. Anderson stated that when Tractor Supply applied to the County on Mooretown Road, they
had to go through the Special Use Permit process, causing the Board concern and to alleviate any
future concerns, staff proposed to make farm equipment by right rather than a Special Use Permit.
Mr. Borelli questioned why the templates need to be updated if applications and required
documents are handled on a case-by-case basis.
Mr. McNash stated the templates need to be customized, revised, and reviewed by the County
Attorney’s Office relative to the specifics of each individual development. He also noted that not
all templates are codified.
Mr. Borelli asked for clarification regarding HYDC adjacent properties and how these are
enforced.
Mrs. Carner stated that when an applicant applies, a sketch plan is required, and the committee
can evaluate the application based upon information they provide.
Mr. Borelli stated the section regarding transportable and permanent mobile homes was well
written. He requested clarification regarding the definition of automobile fuel dispensing
establishments, specifically the use of the term “sold” in the language. He questioned whether the
definition adequately distinguishes between paid electric vehicle charging stations and free
charging stations, such as those available at public libraries. He emphasized the importance of
ensuring that free charging stations are appropriately addressed in the ordinance and noted that the
same terminology appears in multiple sections. He asked that this concern be acknowledged and
considered during the review of the language.
Mr. McNash clarified that the term “sold” was included in the existing definition of automobile
fuel dispensing establishments prior to the proposed amendments and was therefore carried
forward into the revised definition. However, he expressed no objection to revising the language
to align with the desired terminology, such as replacing “sold” with “provided,” to encompass both
free and paid fuel or charging services. Staff recommended that, if the Planning Commission
wishes to make this change, it should be explicitly included in the motion so the resolution can be
revised accordingly.
Mr. Borelli stated he is OK with the language as he reads it.
Mr. Borelli questioned the proposed fee schedule, noting that the upper portion includes several
fee changes while the lower portion, which covers items such as appeals, zoning verification,
certifications, and other services, remains unchanged. He requested clarification regarding why
the fees in the second section were not adjusted for inflation or revised in the same manner as those
in the first section.
Mr. McNash explained that the changes in the upper portion apply to documents and applications
requiring recordation through the Clerk’s Office. These adjustments reflect a fee consolidation

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process in which the recording fee is incorporated into the application fee, simplifying the payment
structure from two separate fees to a single fee.
Chair Brooks opened the public hearing.
With no one else wishing to speak regarding the application, Chair Brooks closed the public
hearing.
Mr. Chamberlain moved the adoption of Resolution No. PC26-19.
A RESOLUTION TO RECOMMEND APPROVAL OF AMENDMENTS TO
VARIOUS SECTIONS OF CHAPTER 20.5, SUBDIVISIONS AND CHAPTER
24.1, ZONING, YORK COUNTY CODE
WHEREAS, it has come to the attention of the Board of Supervisors and the Planning Commission
that applications to amend various sections of the York County Subdivision Ordinance (Chapter
20.5) and the York County Zoning Ordinance (Chapter 24.1) are necessary to incorporate changes
to the Code of Viginia adopted in the 2026 General Assembly session and to also incorporate
various other corrections, clarifications and revisions; and
WHEREAS, the proposed amendments have been forwarded to the York County Planning
Commission in accordance with applicable procedure; and
WHEREAS, the Planning Commission has conducted a duly advertised public hearing on the
proposed amendments; and
WHEREAS, the Commission has carefully considered the public comments with respect to these
amendments;
NOW, THEREFORE BE IT RESOLVED by the York County Planning Commission this the ____
day of ______, 2026, that it does hereby forward Application Nos. ST-027-26 and ZT-222-26 to
the York County Board of Supervisors with recommendations for approval to amend various
sections of Chapter 20.5, Subdivisions, and Chapter 24.1, Zoning, York County Code, to read and
provide as follows:
CHAPTER 20.5, SUBDIVISIONS
Article I. – General Provisions
Sec. 20.5-5. - Definitions.
Fire department. The York County Fire and Rescue serviceDepartment.
Article VI. – Design Standards
Division 1. – General Layout and Design
Sec. 20.5-69. – Underground utilities.

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(d) All utilities shall be placed within easements or public street rights-of-way in accordance
with "Typical Curb and Gutter Details CGD-1, CGD-2, CGD-3, or CGD-4" (see Appendix
A)York County Sanitary Sewer details as published by the development services
divisiondepartment of Public Works or as may be otherwise approved by the agent.
Sec. 20.5-73. – Water.
(b) Central water system.
(2) The agent may waive or modify the requirement to construct and dedicate a central
water system upon making the following findings:
d. Alternative sources of water, acceptable to the department of public safetyfire
department, are available or will be provided for fire suppression purposes.
***
(e) Fire protection. Fire hydrants shall be installed in subdivisions at locations designated by
the agent, in consultation with the department of fire and life safetyfire department, at the
time of an extension of public water or construction of a central water system. Where the
subdivision is to be developed with individual wells, the agent, in consultation with the
department of fire and life safetyfire department, may require that alternative sources of
water for fire suppression purposes be made available including construction of a fire
suppression well system, provision of "dry" hydrants, and/or easements granting access to
water sources. All fire hydrants located within a road right-of-way shall be placed between
one foot (1') and three feet (3') from the edge of such right-of-way.
Sec. 20.5-79. – Subdivision and street names.
(b) Proposed streets which align with planned, recorded or existing streets shall generally bear
the name of the planned, recorded or existing streets. The agent, however, in consultation
with the public safety departmentGeographic Information Systems, may require the use of
a different street name when it is determined that such action is in the best interest of public
safety.
Division 2. – Streets and Roads
Sec. 20.5-92. – Alignment and layout.
(c) Where a street right-of-way in an existing subdivision or development has been platted to
the boundary line of a proposed subdivision, it shall be extended and continued into such
proposed subdivision unless a waiver is granted by the department of transportation. In
situations where the department of transportation grants a waiver to the street
interconnection requirement, an alternative means for bicycle and pedestrian access may
be required to be provided in close proximity to the otherwise required street based on local
site conditions. Such bicycle and pedestrian facilities shall be either within an existing
right-of-way or in a separate right-of-way and shall be designed and constructed in

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accordance with Figure VI-B in appendix A or with the standards used by the Virginia
Department of Transportation for such facilities.
Sec. 20.5-97. – Cul-de-sac streets.
(a) Cul-de-sac streets shall generally not exceed six hundred feet (600') in length. The length
shall be measured from the end of the cul-de-sac to the closest intersection which provides
a means of egress from the subdivision, either directly or indirectly. Where the agent
determines that the topography, property configuration or other physical constraints are
such that a cul-de-sac of greater length is required or desirable for the effective and efficient
development of the property, the agent may authorize cul-de-sacs which exceed six
hundred feet (600') in length. In such cases, the cul-de-sac street shall generally be designed
with a landscaped median which divides the cul-de-sac street into (2) two distinct and
separate lanes. Such street may, however, be continuously undivided for the final six
hundred feet (600') measured from the end of the turnaround. Median breaks shall be
provided at street intersections and at other appropriate locations along the street to ensure
good traffic circulation and the delivery of emergency services. In general, this means that
median breaks should occur approximately at three hundred foot (300') intervals. In
consultation with the department of fire and life safetyfire department, the agent may waive
or modify the median requirement if it is determined that such a design will not aid
emergency access and operations.
(b) Cul-de-sac streets shall be terminated by a turnaround having a minimum pavement radius
of forty-five feet (45') or such other design as may be approved by the department of
transportation with the concurrence of the department of fire and life safetyfire department.
***
Repeal Appendix B in its entirety.
APPENDIX B.
COUNTY OF YORK

SUBDIVISION AGREEMENT
THIS AGREEMENT, made this _____ day of ________, 20___, by and between,
_______________________________________________________(list full legal names of all
owners of record, state of incorporation if incorporated, type of partnership if a partnership, or
marital status if individual) hereinafter referred to as the “Owner,” and the COUNTY OF YORK,
Virginia, a political subdivision of the Commonwealth of Virginia, hereinafter referred to as the
“County”:

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WITNESSETH:
WHEREAS, the Owner owns a certain parcel of land located in the County, hereinafter
referred to as the "Property," having acquired the same by instrument(s) of record in the Clerk's
Office of the Circuit Court of York County, Virginia, in Deed Book(s) _____, page(s) _____; and
WHEREAS, the Property is being subdivided by the Owner into the subdivision known as
"___________," and the Owner has caused a plat of subdivision, dated,______ 20__ to be prepared
by ___________________________, which plat the Owner desires to admit to record in the
Clerk's Office of the Circuit Court for the County of York, Virginia, hereinafter referred to as the
"Plat"; and
WHEREAS, the Owner agrees to construct on or before the _______ day of _______,
20___, all physical improvements, hereinafter referred to as the "Improvements", shown on the
development plans labeled "___________", dated _______, and approved by the County on
_______, and such other plans and specifications for development of the subdivision approved by
the County, all of which documents are on file in the County's Department of Public Works, are
incorporated by reference, and are herein after collectively referred to as the "Plans"; and
WHEREAS, the Owner has submitted to the County herewith (circle one of the following)
sufficient letter of credit, cash, or a certified check, in the amount of $___________, hereinafter
referred to as the "Surety," securing the timely construction and completion of the Improvements
and performance of the terms and conditions of this Agreement; and
WHEREAS, the County has agreed that it will approve the final plat of said subdivision
and authorize its recordation upon the execution of this Agreement.
NOW, THEREFORE, THIS AGREEMENT WITNESSETH: That for and in consideration
of the premises and the covenants and agreements herein contained, the parties hereto agree as
follows:
1. The County agrees that, upon proper execution of this Agreement by the Owner and receipt
of the Surety and receipt of the deeds described in Paragraph 8 below, it will approve the
Plat for recordation. If the Surety is a letter of credit, it must be in the form attached as
Exhibit A and completed in conformance with the instructions attached thereto, approved
by the County Attorney as to form, content and issuing institution, and acceptable as to
amount, effective period, and otherwise to the County Administrator. Letters of credit shall
be in effect for a minimum period of sixty (60) days beyond the date for completion of the
Improvements.
2.
The Owner agrees that the Owner will, without cost to the County, on or before the
_____ day of _________,20___, construct and complete the Improvements to the
satisfaction of and to the standards and specifications of the County and all other

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governmental agencies or authorities having jurisdiction over the Improvements,
including, but without limitation, the Virginia Department of Transportation.
3. The County may enter upon the Property to complete the Improvements and may draw on
the Surety in the following events:
a. The Owner fails to complete the Improvements by the date specified in paragraph 2
above.
b. The Owner fails to complete by the date specified in paragraph 2 above the
Improvements to the satisfaction of and to the standards and specifications of the
County and all other governmental agencies or authorities having jurisdiction over the
Improvements, including but without limitation, the Virginia Department of
Transportation.
c. The Owner fails to commence construction of the Improvements at least ______ days
prior to the date specified in paragraph 2 above.
d. The insolvency of, appointment of a receiver for, or the filing of a voluntary or
involuntary petition in bankruptcy against or by the Owner.
e. The commencement of a foreclosure proceeding of a lien against the Property or its
conveyance in lieu of foreclosure.
f. Owner breaches any of the terms and conditions of this Agreement.
4.
In the event that the County draws on the Surety, it may use such funds to complete
the Improvements or cause them to be completed. The Owner shall be liable to the County
for any and all costs of completing the Improvements which shall be in excess of the Surety.
It is the purpose and intent of the parties that the amount of the Surety shall have been
determined to be sufficient to defray not only the anticipated cost of completing or having
completed the Improvements but also unanticipated cost overruns, the cost incurred by the
County in drawing on the Surety, an administrative fee in the amount of $5,000.00, or five
(5) percent of the amount of the cost of completing the Improvements, whichever sum is
greater, and any and all other reasonable costs which the County has incurred or may
conclude, in its sole discretion, are to be incurred. The Owner hereby acknowledges that
an administrative fee in the above amount is reasonable compensation to the County for its
costs in drawing on the Surety and, when necessary, causing the Improvements to be
completed.
The Owner acknowledges and agrees that the County is under no obligation to give any
notice to the Owner of its intent to draw on the Surety in any of the events specified in this
Agreement.
5. The County shall, upon drawing on the Surety, deposit the same in an interest-bearing
account to the extent not needed to cover expenditures made or reasonably anticipated to
be made in the near future, but the County shall have no responsibility to deposit or
maintain any of such funds in an account at the maximum interest available. Upon
completion of the Improvements, as determined by the County, and payment of all
expenses incurred by the County in connection therewith, any unexpended funds, including
any interest earned thereon, shall be returned to the Owner.

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6.
The County shall not be liable to the Owner or to any third party for the manner in
which the Improvements are completed, any delay in effecting completion, the fact that the
cost of completion is in excess of or less than the amount made available by drawing on
the Surety or any part thereof, or that the County has drawn down the entire amount of the
Surety even though it subsequently develops that the entire amount was not required to
carry out the provisions of this Agreement.
7. The Owner acknowledges that the County is under no obligation to extend the time herein
provided for completion of the Improvements by the Owner. However, in the event that
the County unilaterally agrees in writing to do so, such writing shall, without more and
without formal execution of any other agreement by the parties, constitute such an
extension, and all of the terms of this Agreement shall continue in effect for the duration
of such extension insofar as they are not inconsistent with the terms of the extension;
provided, however, that no extension shall be effective until or unless the Owner furnishes
to the County a new or amended Surety acceptable to the County if requested by the
County. The County may require that the amount of the Surety be increased if an extension
is permitted.
8. The Owner agrees to execute and to deliver to the County a deed of easement, approved as
to form by the County Attorney, conveying to the County those easements identified on
the Plat as easements running to the County. The Owner also agrees to execute and to
deliver to the County a deed, approved as to form by the County Attorney, conveying fee
simple title, with general warranty, to the County those areas, such as pump station sites or
well lots, that are to be conveyed to the County, and to provide the County at Owners'
expense an owner's title insurance policy issued by a company acceptable to the County
Attorney, containing no exceptions as to title which are not acceptable to the County
Attorney, and in such amount as may be determined reasonable and appropriate by the
County Administrator.
9. It is mutually understood and agreed that if the Owner shall faithfully execute all
requirements of this Agreement and all relevant laws and regulations, and shall indemnify,
protect and save the County, its officers, agents and employees harmless from all loss,
damage, expense or cost by reason of any claim made or suit or action instituted against
the County, its officers, agents or employees on account of or in consequence of any breach
on the part of the Owner, all of which the Owner hereby covenants to do, then the
aforementioned Surety shall be released by the County to the Owner; provided, however,
that release of the Surety shall not in any way or to any extent release, diminish or otherwise
reduce any obligation or liability of the Owner provided in this Agreement.
10. The Owner does further hereby agree to indemnify, protect and save the County, its
officers, agents, and employees harmless from and against all losses and physical damages
to property, and bodily injury or death to any person or persons, which may arise out of or
be caused by the construction, maintenance, presence or use of the streets, utilities and
public easements required by, and shown on, the Plans and the Plat until such time as the

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said streets, utilities and public easements shall be accepted as a part of the County's
systems, or those of its agencies, or the State System of Secondary Highways, as the case
may be.
11. It is mutually understood and agreed that approval of the Plat shall not, by such approval
alone, be deemed to be an acceptance by the County or other applicable agency of any
street, alley, public space, sewer or other physical improvements shown on the Plat or the
Plans for maintenance, repair or operation thereof, and that the Owner shall be fully
responsible therefor and assume all of the risks and liabilities therefor, until such time as
the County or other applicable agency has formally accepted them.
12. Upon completion of the Improvements, other than public roads, the Owner shall apply to
the Subdivision Agent for final inspection of them and approval for acceptance. After
approval of the Improvements by the Agent, Surety shall be maintained for an additional
period of one year in the amount of five (5) percent of the cost of the Improvements, other
than public roads or any other Improvement for which the materials or workmanship are
otherwise guaranteed for a period of at least one year. During this one year period, Owner
shall correct any defects in materials or workmanship in the installation of the
Improvements. In the event Owner fails to do so after being requested to do so by the
County, the County may draw on the Surety in order to affect such corrections.
13. The Owner shall, with regard to any Improvement to be conveyed to the County or any
agency thereof:
a. When requested by the County, furnish the County permanent, blackline, reproducible
"as built" drawings of such Improvement on 0.003 inch polyester film, in a form
satisfactory to the County; and
b. Notify the Subdivision Agent prior to the conduct of any required test or final
inspections of the Improvement; and
c. Furnish, through Owner's engineer, test reports prepared by an independent testing
laboratory in accordance with the ACI Code for any structural concrete installed in the
subdivision, and furnish a manufacturer's certification that all pipe installed in the
subdivision meets applicable ASTM specifications; and
d. Be responsible for and bear all costs imposed upon the County by the Virginia
Department of Transportation for inspections and/or testing of any roadway,
drainageway or other facility shown on the Plans to be accepted by such Department.
14. The Owner warrants that there are no deeds of trust of record pertaining to the Property
other than the ones identified below:
Deed of Trust

Amount
ofNote
Holder

Date of
Deed of Trust

List all
Trustees

Deed Book,
Page

1.

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2.
3.
15. The Owner shall be entitled to periodic partial and final complete release of the Surety
pursuant to and if Owner complies with provisions of section 15.2-2245, Code of Virginia
(1950), as amended, and, in the case of a partial release, furnishes the County with new
Surety in the reduced amount, in the case of a bond.
16. This Agreement shall be binding upon the Owner and the Owner's successors and assigns.
17. Owner agrees, upon notification in writing by the County at any time after recordation
of the Plat, that if an error has been discovered in such Plat, to record, at Owner's
expense, an amended or corrected Plat, or other document acceptable to the County, to
correct the error.
IN WITNESS WHEREOF, the parties hereto have affixed their signatures and seals:
OWNER:
INDIVIDUAL OR INDIVIDUALS
____________________(SEAL)
____________________(SEAL)
CORPORATION
Attest:
By: _______________ (SEAL)
President (attach copy of corporate resolution authorizing execution)
_________________________
Secretary
PARTNERSHIP
By: ______________________(SEAL)
General Partner
************************************************************************
Approved as to form:

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/s/ County Attorney
COUNTY OF YORK, Virginia
By:
County Administrator
COMMONWEALTH OF VIRGINIA
County of York, to wit:
I, _________________________, a Notary Public for the Commonwealth of Virginia at
large, do hereby certify that _________________________, whose name as the Owner of the
Secondary Parcel(s) is signed to the foregoing agreement bearing the date of the _____ day of
_________________________, 20___, has acknowledged the same before me in the jurisdiction
aforesaid.
Given under my hand the _____ day of _____________, 20___.
___________________________
Notary Public
My commission expires:_____________________
(PUT ON BANK LETTERHEAD)
IRREVOCABLE LETTER OF CREDIT NO. (1)
___________(2)_____________
County of York
c/o Mr. Neil A. Morgan County Administrator
P.O. Box 532
Yorktown, Virginia 23690
Re: _________(3)____________

(13)__________________

Gentlemen:

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We hereby establish our Irrevocable Letter of Credit No. _____(1)_____ in your favor, for
the account of _____(3)_____, available by your drafts drawn at sight on us up to the aggregate
amount of _____(4)_____, each such draft accompanied by the following document:
Your written statement certifying that _____(3)_____ has defaulted in the performance of
the terms and conditions of _____(5)_____ Agreement with you, dated the __(6)___ day
of ___(6)____, 20__(6)__, and that you are, in consequence, entitled to the amount of the
accompanying draft.
All drafts drawn under this letter of credit must be marked "Drawn under ___(7)___ Letter
of Credit No. ___(1)___ dated ____(2)___."
This credit is valid until ___(8)___ and drafts drawn hereunder, if accompanied by
document as specified above, will be honored if presented on or before that date to ____(9)____
at ____(10)___ or, if said bank is not doing business at that address, then to any other address or
location of said bank or its successor.
Except as otherwise expressly stated herein, this credit is subject to the "Uniform Customs
and Practice for Documentary Credits," fixed by International Chamber of Commerce Publication
No. 400, 1983 revision.
Very truly yours,
___(7)____
By:_____(11)_____
_____(12)_____
(1)
(2)
(3)
(4)

Number assigned to letter of credit by bank.
Date issued.
Name of person, corporation, or partnership submitting letter of credit.
Amount of letter of credit written in words and numerals; i.e., fifty thousand and
no/100 dollars ($50,000.00).
(5) Insert "his," "her," "its" or "their," as appropriate.
(6) Date shown on agreement.
(7) Name of bank.
(8) Expiration date of letter of credit.
(9) Name and address of bank.
(10) Address of bank or branch thereof where letter of credit is to be presented. No letter
of credit will be acceptable unless it may be presented at a bank office in York
County, Gloucester County, James City County, or in the City of Newport News,
Hampton, Poquoson, Williamsburg, Norfolk, Virginia Beach, Chesapeake, or
Richmond.
(11) Signature of authorized officer of bank.
(12) Title of authorized officer of bank.
(13) Name of project.

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***
CHAPTER 24.1, ZONING
Article I. – In General
Sec. 24.1-104. – Definitions.
Automobile fuel dispensing establishment. Any premises where vehicular fuel, including, but
not limited to gasoline, petroleum products, and electric vehicle battery energy, is sold.
Automobile fuel dispensing establishments may also include convenience store sales as defined in
this chapter. Automobile fuel dispensing establishments may include premises where light
maintenance activities such as engine tuneups, lubrication, and minor repairs, are conducted, but
shall not include premises where heavy automobile maintenance activities such as engine
overhauls, automobile painting, and body fender work are conducted.
Convenience store. A store offering for sale a limited selection and quantity of groceries and
other articles normally found in grocery stores, and which may also offer delicatessen or fast-food
items, and whose business is mostly dependent on quick stops by its customers. A convenience
store operation may also include self-service gasolinevehicular fuel sales, including, but not
limited to gasoline, petroleum products, and electric vehicle battery energy, when in accordance
with all applicable requirements of this chapter.
Dwelling, single-family detached. A one-family dwelling unit which is surrounded on all sides
by yards or other open space located on the same lot and which is not attached to any other dwelling
by any means. Such units shall be constructed in accordance with the terms of the Virginia Uniform
Statewide Building Code or Federal Manufactured Home Construction and Safety Standards and
may include "modular units" and “manufactured home, permanent” if consistent with the
definition and standards contained in this chapter.
Fire department. The York County Fire and Rescue ServiceDepartment.
Manufactured home, transportable. A structure subject to federal regulatory
regulationstandards (42 U.S.C. section 5401, the National Manufactured Home Construction and
Safety Standards Act), which is transportable in one (1) or more sections; is eight feet (8') or more
in width with a body forty feet (40') or more in length in traveling mode, or is three hundred twenty
(320) or more square feet when erected on site; is built on a permanent chassis; is designed to be
used as a single-family dwelling, with or without a permanent foundation, when connected to the
required utilities; and includes the plumbing, heating, air-conditioning, and electrical systems
contained in the structure. For the purposes of this chapter, a transportable manufactured home
shall not be deemed a single-family detached dwelling or a modular dwelling unit, nor shall the
term be construed as including "park model recreational vehicles" with such vehicles being defined
as: (i) designed and marketed as temporary living quarters for recreational, camping, travel, or
seasonal use; (ii) not permanently affixed to real property for use as a permanent dwelling; (iii)

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built on a single chassis mounted on wheels; and (iv) certified by the manufacturer as complying
with the American National Standards Institute (ANSI) A119.5 Park Model Recreational Vehicle
Standard. Any transportable factory-built dwelling unit constructed prior to the enactment of Home
Construction and Safety Standards Act of 1974 or which does not meet such standards together
with any transportable manufactured home which has been modified to the extent that it is no
longer capable of use for residential occupancy purposes or which has had factory installed
appliances removed rendering the unit uninhabitable, shall be deemed a trailer for the purposes of
this chapter.
Manufactured home, permanent. A structure subject to federal regulations, which is (i)
converted to real property in accordance with Section 46.2-653.1 of the Code of Virginia, (ii)
constructed so that the certificate of occupancy is issued within five years following the date of
manufacture listed on the home's data plate, and (iii) placed on an individual lot. Any permanent
manufactured home constructed prior to the enactment of Home Construction and Safety
Standards Act of 1974 or which does not meet such standards together with any permanent
manufactured home which has been modified to the extent that it is no longer capable of use for
residential occupancy purposes or which has had factory installed appliances removed rendering
the unit uninhabitable, shall be deemed a trailer for the purposes of this chapter.
Manufactured home subdivision. A subdivision designed and developed in accordance with all
applicable requirements of the R7R3—Manufactured Home SubdivisionSmall Lot Residential
District—of this chapter and in which individual lots are available for placement of manufactured
homes and transfer of title.
Pawn shop. An establishment where the following activities occur:
(i) the lending or advancing of money or other things for profit on the pledge and
possession of tangible personal property, or other valuable things, including firearms,
other than securities or written or printed evidences of indebtedness or title; or
(ii) the dealing in the purchasing of personal property or other valuable things, including
firearms, on condition of selling the same back to the seller at a stipulated price.
Regional Medical Center. A licensed and Commonwealth of Virginia accredited health care
institution, whether public or private, with an organized medical and professional staff and with
inpatient beds available around-the-clock whose primary function is to provide inpatient medical,
nursing, emergency care and other health-related services to patients for both surgical and
nonsurgical conditions and that usually provides some outpatient services. In terms of the
emergency care, such centers serve and accept transport of patients from the emergency services
departments of three or more jurisdictions/municipalities, including the host jurisdiction.
Restaurant, ice cream, custard, and yogurt. An establishment whose principal business is the
retail sale of ice cream, custard, frozen yogurt, gelato, and similar frozen desserts, typically for onpremise consumption or takeout. Additional limited complementary items, such as toppings,

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cones, baked goods, coffee, or other beverages, may be offered or sold alongside the main frozen
desserts.
Service station. Any premises where vehicular fuel, including, but not limited to gasoline, and
other petroleum products, and electric vehicle battery energy, are is sold and light maintenance
activities such as engine tuneups, lubrication, and minor repairs, and carburetor cleaning are
conducted. Service stations shall not include premises where heavy automobile maintenance
activities such as engine overhauls, automobile painting, and body fender work are conducted.
Small portable solar generation device. A moveable photovoltaic generation device that (i)
has a maximum power output of not more than 1,200 watts per dwelling unit; (ii) is designed to be
connected to the electrical system of a building through an electrical outlet; (iii) is located on the
customer's side of the electric meter and intended primarily to offset part of the customer's
electricity consumption; (iv) meets the standards of the most recent version of the National
Electrical Code; (v) is certified by a nationally recognized testing laboratory, as described in 29
C.F.R. Section 1910.7, or an equivalent nationally recognized testing laboratory; and (vi) includes
a device or feature that prevents the device from affecting or exporting power to the electrical
system of the building during a power outage. A small portable solar generation device that has a
maximum power output to the receptacle outlet of not more than 391 watts is exempt from product
listing provisions that would require alterations to the building's premises, wiring, or electrical
panels.
Sec. 24.1-108. – Filing Fees.
(a) Application fees.
(1) An application fee shall be charged to offset the cost of reviewing plans, processing
applications, making inspections, issuing permits, advertising public notices and other
expenses incident to the administration of this chapter or to the filing or processing of
any amendment to the zoning ordinance, special use permit or zoning appeals. Such
fees shall also include charges for re-advertising and re-mailing notices when
necessitated by the amendment, postponement, or modification of an application.
Filing fees shall be paid upon submission of an application and shall be as set forth in
the following schedule:
TYPE OF APPLICATION
FEE 1
Amendment to the zoning ordinance, except planned development $750800, plus $20 for every acre in
applications
excess of 5, but not to exceed a
maximum fee of $2,500
Application for planned development approval:
1. Phase I submission (overall concept)
$750800, plus $20 for every acre in
excess of 5, but not to exceed a
maximum fee of $2,500
2. Phase II submission (detailed plan)
(Refer to site plan or subdivision
plat fees)

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Limited deviations from approved planned developments
Special use permits and amendments thereto:
1. Applications for home occupations and accessory apartments
2. All other types of Special Use Permit applications

$130

$500550
$750800, plus $10 for every acre
over 5, but not to exceed a
maximum fee of $5,000
Minor enlargement or expansion of a conforming special use under $130
provisions of § 24.1-115(d)(2)
Special exception to height limitations as provided in § 24.1-231
$250300
Special exception to allow expansion of a nonconforming use as $250300
provided in § 24.1-801
Other special exception
$250300
Appeals/Variances/Modifications:
1. Appeal or variance request to the board of zoning appeals
2. Administrative modification request
Amendment, modification or postponement of rezoning or use permit
application requiring readvertisement and renotification by both the
commission and board
Amendment, modification, or postponement of rezoning, use permit
or variance application requiring readvertisement and renotification by
the commission, board, or board of zoning appeals
Zoning Verification/Certification letters:
1. Requests for verification of zoning classification and permissible
uses
2. Requests for zoning verification that also include confirmation
of plan approvals, previous permits, violation notices, property
conformance, and similar requests requiring file research and/or site
inspections

$350
$100
$750
$550

No Charge
$100

1

The above described fees shall be waived for any application submitted by any board,
commission, agency or department of the county.
***
(b) Site plan review fees.
(1) Filing fees shall be paid at the time a site plan is first presented for formal review and
shall be in accordance with the following schedule:
TYPE
Single-family attached or multi-family
residential proposals
Commercial, industrial, institutional and
other types of uses
Resubmittal fee 2 (third formal submittal)

FEE 1
$190 + $20 per dwelling unit (maximum fee $3,000) +
$1 per 1,000 square feet of total disturbed area
$190 + $5 per 1,000 square feet of gross floor area of all
structures (maximum fee $3,000) + $1 per 1,000 square
feet of total disturbed area
$150

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Amendments to approved site plans

$130 (may be waived by zoning administrator if need for
amendment arises from error/oversight by federal, state,
or local agency)

1

In addition to the review fees set forth above, the applicant/developer shall be responsible
for payment of any Traffic Impact Analysis review fees as may be established by the Virginia
Department of transportation pursuant to its implementation of the requirements of Section
15.2-2222.1 of the Code of Virginia.
2
;hg;The resubmittal fee shall increase by $50 for each subsequent submittal of a site plan for
formal review after the third submittal.
Sec. 24.1-114. – Conditional zoning.
(e) Procedures for recording of conditions.
(1) A certified copy of all ordinances accepting proffered conditions, together with a duly
signed copy of the proffer statement, shall be recorded at the expense of the applicant
in the name of the property owner as grantor in the office of the clerk of the circuit
court.
Sec. 24.1-115. – Special use permits.
(b) Procedure for issuing special use permits.
(6) A certified copy of all resolutions authorizing a special use permit pursuant to this
section shall be recorded at the expense of the applicant in the name of the property
owner as grantor in the office of the clerk of the circuit court.
***
(c) Procedures applicable to permits.
(2) Unless otherwise specified in the conditions of a permit or as set forth in subsection (c)
(6) below, the initial term of each special use permit shall be for one (1) year from the
date of approval. The special use permit shall be subject to an annual inspection, or
more regularly as established by the board as part of the special use permit, by the
zoning administrator or their designee to ensure compliance with the conditions and
restrictions imposed by the board and all relevant county ordinances. 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.

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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.
***
(d) Amendment of special use permits. An amendment is a request for any enlargement,
expansion, increase in intensity, relocation, extension of the validity period, or
modification of any condition of a previously approved and currently valid special use.
Amendments shall be processed as follows:
(2) Minor enlargements, expansions, increases in intensity, relocations, extension of the
validity period, or modifications of any conditions of an approved and currently valid
special use may, without public hearing, be authorized, including the establishment or
reestablishment of reasonable conditions, by resolution of the board provided that such
minor changes comply with the following criteria:
a. There will be a cumulative total of less than a twenty-five percent (25%) increase
in either total lot coverage or floor area;
b. There will be no detrimental impact on any adjacent property caused by significant
change in the appearance or the use of the property or any other contributing factor;
c. Nothing in the currently valid special use permit precludes or otherwise limits such
expansion or enlargement;
d. The proposal conforms to the provisions of this article and is in keeping with the
spirit and intent of the adopted comprehensive plan.
e. A request for extension is made in writing at least thirty (30) days prior to the
expiration of the special use permit, provides a rationale for granting the extension,
and documents the progress made toward establishing the special use permit.
Article II. – General Regulations.
Division 1. – General Lot Regulations.
Sec. 24.1-200. – Separate lots required.
(a) Except as may be specifically authorized by other provisions of this chapter, only one (1)
principal dwelling unit shall be permitted on any individual lot located in the RC, RR, R33,
R20, R13, and R7 R3 districts.

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Division 3. – General Height Regulations.
Sec. 24.1-233. – Special provisions for single-family detached dwellings with increased
heights.
(a) Ridgeline or Highest part of the Roof Exceeding Thirty-five Feet (35'): Any single-family
detached dwelling having a ridgeline or highest part of the roof in excess of thirty-five feet
(35') above average finished grade shall be designed and constructed to meet the following
standards:
(4) In situations where the fire hydrant distance requirement cannot be met, the applicant
may choose to install an automatic residential fire sprinkler system, approved by the
Department of Fire and Life SafetyFire Department and in conformance with
applicable National Fire Protection Association standards (or an approved equivalent).
Such system shall be designed to protect all living spaces, garage areas and other spaces
deemed necessary by virtue of the building design and, in addition, the building shall
be equipped with appropriate fire/smoke detection devices in accordance with the terms
of the Building Code. This option shall be available only to those properties served by
a public water supply and located within 1,200 feet of a fire hydrant (provided the
structure does not require more than one hydrant for adequate fire flows), and provided
that the structure, including garage/attic/concealed spaces, is protected by a monitored
fire detection and alarm system.
Division 4. – Landscaping, Buffer, and Greenbelt Regulations.
Sec. 24.1-243. – Transitional buffers.
(b) Transitional buffer provision matrix. Transitional buffers shall be provided as follows. The
chart in this subsection lists the zoning districts in order of intensity from least intense at
the top and left to most intense at the bottom and right:
TRANSITIONAL BUFFERS
RESIDENTIAL
COMMERCIAL & INDUSTRIAL
DISTRICTS
DISTRICTS
RC RR R33 R20 R13 R7R3 YVA PD RMF NB WCI LB GB EO IL IG
RC
X
25 25
25 25 35 35 50
RR
X
25 25
35 35 35 35 50
R33
X
25 25
35 35 35 35 50
R20
X
25 25
35 35 35 50 50
R13
X
25 25
35 35 35 50 50
R7R3
X
25 25
35 35 35 50 50
YVA
X
25 25
25 35 35 50 50
PD
X
25 25
25 35 35 50 50
RMF
X
25 25
25 25 25 35 50
NB
25 25 25
25
25
25
25
25 25
X
25 35 50
WCI 25 25 25
25
25
25
25
25 25
X
35 50

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LB
GB
EO
IL
IG

25
25
35
35
50

35
35
35
35
50

35
35
35
35
50

35
35
35
50
50

35
35
35
50
50

35
35
35
50
50

25
35
35
50
50

25
35
35
50
50
***

25
25
25
35
50

X
X
25
35
50

X
35
50

35
50

35

25

35 50
35
25
X 25
25 X

(f) Modification of buffer standards.
(1) Where the zoning district boundary line which requires a transitional buffer follows a
public street or highway right-of-way of less than ninety feet (90') in width, the
following shall apply:
a. Where an industrial district abuts a residential district, the normally applicable
transitional buffer shall be provided. The required buffer width may be modified
by up to twenty-five percent (25%) through administrative approval if the applicant
demonstrates that the property's existing conditions or site constraints limit the
ability to meet the full buffer requirement and alternative screening methods (such
as enhanced landscaping or berms) will effectively mitigate impacts despite
reduced width; however, in no case shall be planting ratio be less than that required
for a Type 35 buffer;
b. In any situation other than an industrial district abutting a residential district, the
required transitional buffer may be reduced to one-half (½) the normally required
width, or twenty feet (20'), whichever is greater. In such cases, the landscaping and
design standards for the required transitional buffer yard may be modified to
include appropriate trees and shrubs which visually screen all parking, loading, and
storage areas, but not the buildings; however, in no case shall the planting ratio be
less than that required for a Type 25 Buffer.
c. A pedestrian and/or bicycle facility may be located within a transitional buffer
following a public street or highway and outside of the public right-of-way
provided the landscape credits prescribed in subsection (a) of this section are fully
satisfied within the width of the transitional buffer.
***
(8) A properly engineered and designed pedestrian and/or bicycle facility may be located
within a transitional buffer provided the landscape credits prescribed in subsection (a)
of this section are fully satisfied within the width of the transitional buffer.
Division 5. – Transportation Systems Analysis, Management and Safety.
Sec. 24.1-251. – General traffic management and analysis requirements.
(a) Applicability. The provisions of this section shall apply to all new development as follows:
(1) Any residential, commercial, industrial use, or combination thereof, where the
anticipated average weekday twenty-four (24) hour traffic generation, using the most
current edition of the Trip Generation Manual (Institute of Transportation Engineers,
Fifth Edition or as it may from time to time be amended) equals or exceeds one
thousand (1,000) trip ends or where the traffic volume during a peak hour equals or
exceeds one hundred (100) trip ends unless the zoning administrator shall determine,

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in writing, that such analysis is unnecessary due to the existence of previous studies
and analyses which adequately cover the extent of the proposed development and its
traffic impact.
(2) Any development or subdivision of a portion of property where the potential average
weekday twenty-four (24) hour traffic generation, using the most current edition of the
Trip Generation Manual (Institute of Transportation Engineers, Fifth Edition or as it
may from time to time be amended) for the developable portion of the entire property
based on permitted uses under existing zoning equals or exceeds one thousand (1000)
trip ends or where the traffic volume during a peak hour equals or exceeds one hundred
(100) trip ends, regardless whether the remainder of the property is currently proposed
for development unless the zoning administrator shall determine, in writing, that such
analysis is unnecessary due to the existence of previous studies and analyses which
adequately cover the extent of the proposed development and its traffic impact.
(3) Any request for amendment of the zoning map or for a special use permit other than
those requests initiated by the commission or board, where the anticipated average
weekday twenty-four (24) hour traffic generation, using the most current edition of the
Trip Generation Manual (Institute of Transportation Engineers, Fifth Edition or as it
may from time to time be amended) equals or exceeds one thousand (1000) trip ends
or where the traffic volume during a peak hour equals or exceeds one hundred (100)
trip ends unless the zoning administrator shall determine, in writing, that such analysis
is unnecessary due to the existence of previous studies and analyses which adequately
cover the extent of the proposed development and its traffic impact.
***
(b) Special standards and requirements.
(2) The submitted traffic impact analysis shall, unless otherwise approved by the zoning
administrator in writing, contain the following information and analysis:
c. Trip generation and design hour volumes—including traffic forecast for site
development to include twenty-four (24) hour and peak hour volumes both for the
traffic generator itself and on adjacent roadways. The most current edition of the
Trip Generation Manual (Institute of Transportation Engineers, Fifth Edition, or as
it may from time to time be amended) rates or equations shall be used unless
verifiable local data is available. Any assumptions or adjustments shall be fully
documented and, where appropriate, justified with source references provided.
***
(4) For uses having 200,000 square feet or more of gross floor area, 5,000 daily trips, or
500 peak hour trips, whichever is fewer, all intersections, commercial entrances,
median breaks, pavement markings, driveways, or other roadway features potentially
affecting traffic flow located within one mile of the proposed development as well as
all intersections and driveways internal to the development shall be considered and
either shown or clearly noted on a scaled plan submitted with the traffic impact
analysis.

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Sec. 24.1-255. – Transportation demand management.
(b) Developments having or projected to have at least one thousand (1000) average daily trips
as determined using actual counts or the most current edition of the Trip Generation
Manual (Institute of Transportation Engineers, Fifth Edition) and which front and have
access to streets classified as major collector and higher, shall dedicate or reserve land for
transit operations provided by bus. Where a transit route exists or is scheduled to exist
within twelve (12) months, transit provisions including pull-outs and shelters may be
required to be constructed as a part of plan approval. Off-street parking requirements may
be reduced by five percent (5%) when transit provisions are required to be constructed.
Sec. 24.1-256. – Vehicular and pedestrian access and circulation standards.
Vehicular and pedestrian access and circulation systems on a development site shall be designed
in accordance with the following standards:
(a) Vehicular access to the site and circulation within the site shall be designed to promote
pedestrian, bicycle and motor vehicular safety, to aid overall traffic flow, to provide for
safe and efficient ingress and egress, and to minimize access points to the off-site
transportation systems. On-site circulation systems, including parking areas, shall be
designed to minimize headlight glare onto adjacent rights-of-way.
(b) Driveway design and placement shall be such that the entrance can absorb the maximum
rate of inbound traffic during a normal weekday peak traffic period as determined in
accordance with the most current edition of the Trip Generation Manual (Institute of
Transportation Engineers, Fifth Edition, as it may from time to time be amended) or by a
traffic impact analysis prepared specifically for the development.
(1) Driveways shall be spaced at least fifty feet (50') apart. Where such spacing
requirements cannot be readily achieved, joint access with an adjoining parcel shall be
encouraged.
(2) The minimum distance between the property line of a parcel and the nearest edge of
the nearest driveway to that property line shall be twenty-five feet (25'), except
however, driveways which provide joint access to more than one parcel, or which may
reasonably be expected to do so in the future, may be located on the property line or
within twenty-five feet (25') of the property line.
(c) There shall be sufficient on-site queuing area to accommodate at least five percent (5%) of
the total traffic volume entering and exiting the site during the peak hour of the use based
on the most current edition of the Trip Generation Manual (Institute of Transportation
Engineers, Fifth Edition, as it may from time to time be amended) without using any
portion of the street right-of-way or in any other way interfering with street traffic.
(d) Bikeways shall be constructed within and between developments and along roadways in
conformance with the routes and guidelines contained in the comprehensive plan.
(e) When sidewalks are required, whether for internal site circulation or external circulation
between properties, the minimum width shall be five (5) feet. When sidewalks are located
outside of the public right-of-way, they shall be completely within an easement or on
commonly owned property no less than eighteen (18) feet in width. Sidewalks providing

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for safe and convenient internal pedestrian access between parking areas, buildings and
public areas as well as access to abutting public property or shopping centers shall be
provided for all developments except individual single-family detached residential
structures. The minimum width for sidewalks connecting to abutting property shall be six
feet (6') and the sidewalk shall be located within an easement or on commonly owned
property no less than eighteen feet (18') in width. Sidewalks shall have beginning and
ending points providing appropriate access to sites and the ability to make connections with
similar facilities on the abutting property. Developers are encouraged to extend sidewalks
onto the adjacent shopping center or public site to connect with sidewalks located on those
sites. Maintenance of the sidewalk shall be required and a plan for maintenance shall be
submitted to and approved by the zoning administrator.
Division 6. – Site Design Standards.
Sec. 24.1-261. – Public service facility standards.
(b) Emergency services. The following design standards are intended to ensure that emergency
services can be delivered effectively and efficiently should the need arise:
(2) Any single-family detached residential structure constructed after the date of adoption
of this subsection and located more than 150 feet from the edge of pavement of a public
street or highway shall be subject to the following emergency access and site design
standards:
d. The access drive shall extend to at least the front of the building or one side (as
determined by the Department of Fire and Life SafetyFire Department). On
properties where the structure has a floor area in excess of 4,500 square feet or
where the height of the ridgeline or highest part of the roof exceeds thirty-five feet
(35') the access drive shall include an apparatus parking/operations area pad at least
twenty feet (20') in width. The exact location and length shall be determined during
the site layout plan review process. Turnarounds of a size and configuration
necessary to accommodate the apparatus likely to respond to an incident, as
determined by the Department of Fire and Life SafetyFire Department, shall be
required where the access drive exceeds two hundred feet (200') in length and may
also be required for shorter access drives based on the site layout plan review and
any unique site characteristics.
***
g. The intersection of the access drive and the public street to which it connects shall
be designed with a minimum turning radius of thirty-three feet (33') (taking into
consideration the entire width of the roadway) unless otherwise approved by the
Department of Fire and Life SafetyFire Department.
Building plans and a site layout plan (both to scale) shall be submitted for review
and approval by the Department of Fire and Life SafetyFire Department to ensure
appropriate accessibility around the structure for firefighting/rescue operations by
fire and rescue personnel and apparatus and vehicles where appropriate. The site

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layout plan shall include a cross-section and description of construction materials
and methods for the proposed driveway.
Division 7. – Accessory Uses.
Sec. 24.1-273. – Location, height, and size requirements.
(d) Accessory buildings and structures shall observe minimum side and rear yard setbacks of
five feet (5') except where the provisions of this chapter specifically require otherwise and
provided, however:
(1) There shall be no side and rear yard requirements for fences, or walls, or small portable
solar generation devices; and
Article III. – Districts.
Division I. – In General.
Sec. 24.1-301. – Interpretation of table of uses.
(d) Districts. The following zoning districts are established:
District
R7R3

Definition
Manufactured home
subdivisionSmall lot
residential

Primary Permitted Use
Single-family detached
dwellings and
Manufacturedmanufactured
homes within a manufactured
home subdivision

Sec. 24.1-306. – Table of land uses.
P=PERMITTED USE
S=PERMITTED BY
SPECIAL USE PERMIT
USES
USES
1. Residential Conventional
a) Single-Family,
Detached
b) Single-Family,
Attached
•Duplex
•Townhouse
• Multiplex
c) Multi-Family

RESIDENTIAL DISTRICTS
RC RR R33 R20 R13

R7
RMF
R3
CATEGORY 1—RESIDENTIAL USES
P

P

P

P

P
S

P

COMMERCIAL AND
INDUSTRIAL DISTRICTS
NB LB GB WCI EO IL IG

S
P
P
P
P

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P=PERMITTED USE
RESIDENTIAL DISTRICTS
S=PERMITTED BY
SPECIAL USE PERMIT
RC RR R33 R20 R13 R7
RMF
USES
R3
USES
CATEGORY 1—RESIDENTIAL USES
d) Manufactured Home
P
(PermanentTransportable)

COMMERCIAL AND
INDUSTRIAL DISTRICTS
NB LB GB WCI EO IL IG

P=PERMITTED USE
S=PERMITTED BY
SPECIAL USE PERMIT
USES
USES

RESIDENTIAL DISTRICTS

COMMERCIAL AND
INDUSTRIAL DISTRICTS
NB LB GB WCI EO

P=PERMITTED USE
S=PERMITTED BY
SPECIAL USE PERMIT
USES
USES

RESIDENTIAL DISTRICTS

P=PERMITTED USE
S=PERMITTED BY
SPECIAL USE PERMIT
USES
USES

RESIDENTIAL DISTRICTS

P=PERMITTED USE
S=PERMITTED BY
SPECIAL USE PERMIT
USES
USES

RESIDENTIAL DISTRICTS

P=PERMITTED USE
S=PERMITTED BY
SPECIAL USE PERMIT
USES
USES

RESIDENTIAL DISTRICTS

RC

R7
RMF
IL IG
R3
CATEGORY 2—AGRICULTURE, ANIMAL KEEPING, AND RELATED
USES

RC

RR

RR

R33

R33

R20

R20

R13

R13

R7
R3

RMF

COMMERCIAL AND
INDUSTRIAL DISTRICTS
NB LB GB WCI EO

IL IG

COMMERCIAL AND
INDUSTRIAL DISTRICTS
NB LB GB WCI EO

IL IG

COMMERCIAL AND
INDUSTRIAL DISTRICTS
NB LB GB WCI EO

IL IG

COMMERCIAL AND
INDUSTRIAL DISTRICTS
NB LB GB WCI EO

IL IG

CATEGORY 3—RESERVED

RC

R7
RMF
R3
CATEGORY 4—COMMUNITY USES

RC

RR

RR

R33

R20

R33

R20

R13

R7
RMF
R3
CATEGORY 5—EDUCATIONAL USES

RC

RR

R33

R20

R13

R13

R7
RMF
R3
CATEGORY 6—INSTITUTIONAL USES

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P=PERMITTED USE
S=PERMITTED BY
SPECIAL USE PERMIT
USES
USES

RESIDENTIAL DISTRICTS

P=PERMITTED USE
S=PERMITTED BY
SPECIAL USE PERMIT
USES
USES

RESIDENTIAL DISTRICTS

P=PERMITTED USE
S=PERMITTED BY
SPECIAL USE PERMIT
USES
USES

RESIDENTIAL DISTRICTS

P=PERMITTED USE
S=PERMITTED BY
SPECIAL USE PERMIT
USES
USES

RESIDENTIAL DISTRICTS

P=PERMITTED USE
S=PERMITTED BY
SPECIAL USE PERMIT
USES
USES
7. Fortune Teller
15. a) Restaurant/Drive In
b) Restaurant/Ice Cream,
Custard, and Yogurt
P=PERMITTED USE
S=PERMITTED BY
SPECIAL USE PERMIT
USES
USES
7. Farm Equipment
Sales, Rental, Service,
Repair

RC

RR

R33

R20

R13

COMMERCIAL AND
INDUSTRIAL DISTRICTS
NB LB GB WCI EO

R33

R20

R13

IL IG

COMMERCIAL AND
INDUSTRIAL DISTRICTS
NB LB GB WCI EO

IL IG

COMMERCIAL AND
INDUSTRIAL DISTRICTS
NB LB GB WCI EO

IL IG

COMMERCIAL AND
INDUSTRIAL DISTRICTS
NB LB GB WCI EO

IL IG

R7
RMF
R3
CATEGORY 9—RECREATION AND AMUSEMENT (NONGOVERNMENTAL)

RC

RR

R33

R20

R7
RMF
R3
CATEGORY 8—TEMPORARY USES

RC

RR

R33

IL IG

R7
RMF
R3
CATEGORY 7—PUBLIC AND SEMI-PUBLIC USES

RC

RR

COMMERCIAL AND
INDUSTRIAL DISTRICTS
NB LB GB WCI EO

R20

R13

R13

R7
RMF
R3
CATEGORY 10—COMMERCIAL/RETAIL 1
RESIDENTIAL DISTRICTS
RC

RR

R33

R20

R13

R7 RMF
R3
CATEGORY 11—BUSINESS/PROFESSIONAL SERVICE
SP
S
P
P
RESIDENTIAL DISTRICTS
RC

RR

R33

R20

R13

P

P
P

COMMERCIAL AND
INDUSTRIAL DISTRICTS
NB LB GB WCI EO

R7 RMF
R3
CATEGORY 12—MOTOR VEHICLE/TRANSPORTATION
SP

IL IG

P

P

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P=PERMITTED USE
S=PERMITTED BY
SPECIAL USE PERMIT
USES
USES

RESIDENTIAL DISTRICTS

P=PERMITTED USE
S=PERMITTED BY
SPECIAL USE PERMIT
USES
USES

RESIDENTIAL DISTRICTS

P=PERMITTED USE
S=PERMITTED BY
SPECIAL USE PERMIT
USES
USES

RESIDENTIAL DISTRICTS

P=PERMITTED USE
S=PERMITTED BY
SPECIAL USE PERMIT
USES
USES

RESIDENTIAL DISTRICTS

P=PERMITTED USE
S=PERMITTED BY
SPECIAL USE PERMIT
USES
USES

RESIDENTIAL DISTRICTS

RC

COMMERCIAL AND
INDUSTRIAL DISTRICTS
NB LB GB WCI EO

RR

R33

R20

R13

IL IG

COMMERCIAL AND
INDUSTRIAL DISTRICTS
NB LB GB WCI EO

R33

R20

R13

IL IG

COMMERCIAL AND
INDUSTRIAL DISTRICTS
NB LB GB WCI EO

IL IG

COMMERCIAL AND
INDUSTRIAL DISTRICTS
NB LB GB WCI EO

IL IG

R7
RMF
R3
CATEGORY 16—GENERAL INDUSTRIAL

RC

RR

R33

R20

R13

R7
RMF
R3
CATEGORY 15—LIMITED INDUSTRIAL ACTIVITIES

RC

RR

R33

R20

R7
RMF
R3
CATEGORY 14—WHOLESALING/WAREHOUSING

RC

RR

R33

IL IG

R7
RMF
R3
CATEGORY 13—SHOPPING CENTERS/BUSINESS PARKS 1

RC

RR

COMMERCIAL AND
INDUSTRIAL DISTRICTS
NB LB GB WCI EO

R20

R13

R13

R7
R3
CATEGORY 17—UTILITIES

RMF

Division II. – Residential Districts.
Sec. 24.1-325. – R7R3—Single-family manufactured home subdivisionSmall lot residential
district.
(a) Statement of intent. The R7 R3 district is intended for application as a high density singlefamily residential zoning district in those areas designated as such by the comprehensive
plan. Under certain circumstances the district could be applied to areas designated for
multi-family residential uses by the comprehensive plan. The district is designed to provide
opportunities for the placement of single-family detached dwellings and manufactured
homes on individual lots in a subdivision arrangement in an effort to encourage the
provision of more affordable housing opportunities which are consistent with the needs
and means of lower income households.

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(b) Dimensional standards. Each lot created or used shall be subject to the following
dimensional standards:
R7R3—SINGLE-FAMILY MANUFACTURED HOME SUBDIVISIONSMALL LOT
RESIDENTIAL DISTRICT
Use Classification

Minimum Lot
Requirements (1)
Area

Minimum Yard
Requirements
Front
Side Rear

Maximum
Building Height

Width
Single-Family
3,000 sq. ft.
30’
25’
8’
15’
35’
Detached Dwellings
Manufactured Homes 7,5003,000 sq. ft.
70'30’ 30'25’
10'8’ 20'15’ 35'
2
(Transportable)
700m
21m
9m
3m
6m
10.5m
All Other Permitted
20,000 sq. ft.
100'
30'
10'
25'
35'
2
and Special Uses
1850m
30m
9m
3m
7.5m
10.5m
(1) These minimum lot requirements apply where both public water and public sewer are available.
The R7 R3 district may not be applied to areas without both public water and public sewer.
(2) Whenever any lot in an R7 district abuts any land in any other residential zoning district the
following yard requirements shall be observed for that portion of the lot which abuts the other
residential district:
• Side Yard: Forty feet (40'); provided, however, accessory buildings may be located not less
than fifteen feet (15') from the side lot line.
• Rear Yard: Forty feet (40'), provided, however, accessory buildings may be located not less
than twenty-five feet (25') feet from the rear lot line.
Minimum district size: 5 acres [2ha]
NOTE:
Performance standards and special use permit requirements or conditions may increase yard and lot
requirement. See article IV.
Sec. 24.1-327. – YVA—Yorktown village activity district.
(b) Special procedural requirements.
(2) Any proposed new use, other than single-family detached dwellings, or any subdivision
of land, or York County buildings, structures, or uses shall be approved only by the
board of supervisors in accordance with the procedures for special use permits
in section 24.1-115 of this chapter. Permitted land uses shall be those listed in section
24.1-327(c).

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Division II. – Residential Districts.
Sec. 24.1-362. – Procedure for establishment of the planned development districts.
Planned development districts may be established only through an amendment of the zoning map
in accordance with the procedures for amendment prescribed in article I and as follows:
(b) Phase I Overall development master plan and petition for reclassification of property. The
purpose of the overall development master plan is to allow consideration and establishment
of the general arrangement of land uses within a proposed planned development as well as
the maximum allowable development density and other design parameters and to allow
evaluation of the probable impacts, both on-site and off-site, of the proposed development.
(2) Twenty (20) paper copies (plus legible 11" × 17" reductions of each sheet) of an overall
development master plan prepared in accordance with good planning practice, shall be
submitted. In addition to an overall site layout plan, the Master Plan submission shall
include conceptual information on streets, circulation and parking, open space and
recreation amenities, utilities, particularly any stormwater management ponds,
landscaping and pedestrian circulation, and renderings of all major buildings or
building types. Prior to formal preparation of an overall development master plan, the
owner or developer is encouraged to meet with the zoning administrator to discuss the
project proposal and to become familiar with the policies of the board and the
procedures and requirements established herein. Depending upon the nature and scope
of the development proposal, such meeting should also include representatives from
other appropriate review agencies and departments such as, but not limited to, the
Virginia Department of Transportation, planning division, economic development
officedepartment of economic and tourism development, department of public works,
department of fire and life safetyfire department, and the department of community
services.
Division 7. – Overlay Districts.
Sec. 24.1-373. – FMA—Floodplain management area overlay district.
(b) Applicability.
(1) The special provisions established in this section shall apply to the areas designated as
Special Flood Hazard Areas as determined by the Flood Insurance Study (FIS) and as
delineated on the Flood Insurance Rate Map (FIRM) for York County prepared by the
Federal Emergency Management Agency, Federal Insurance Administration dated
January 16, 2015, as amended, and including the following zones.
d. Zones identified as VE or V Zones on the Flood Insurance Rate Map (FIRM) are
those areas subject to wave velocity and known as Coastal High Hazard Zones.
The Flood Insurance Rate Map (FIRM) is declared to be a part of this chapter, and an
official copy thereof shall be maintained in thewith Geographic Information

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SystemSystems offices with and copies also being maintained in the offices of the
zoning administrator and building official.
The FIRM also delineates Zone X and Zone X-500 areas. Such areas are not considered
to be within the Special Flood Hazard Areas and are not subject to the requirements of
this section.
***
(c) For the purposes of this section, the following terms shall have the following meanings:
Historic structure. Any structure that is:
3. individually listed on the Virginia inventory of historic placesLandmarks Register;
or,
***
(e) Special standards and requirements.
(9) Construction standards for properties in Zone AE, and AH. All new construction or
substantial improvement in Zone AE and AH of the floodplain management area shall
occur in accordance with the applicable floodplain construction provisions for Zone
AE and AH contained in the Virginia Uniform Statewide Building Code. The
floodplain administrator shall be satisfied that all applicable provisions have been
complied with prior to issuing building permits or temporary or permanent
certificates of occupancy.
In addition, the following standards shall apply:
c. The elevation of the lowest floor of any residential structure, including
basements, shall be constructed with a freeboard at least three feet (3') above the
base flood elevation. Non-residential structures may be flood-proofed in lieu of
being elevated, provided that all areas of the building components below the
elevation corresponding to the BFE plus one foot are water tight with walls
substantially impermeable to the passage of water, and use structural components
having the capability of resisting hydrostatic and hydrodynamic loads and the
effect of buoyancy. A registered professional engineer or architect shall certify
that the standards of this subsection are satisfied. Such certification, including the
specific elevation (in relation to mean sea level) to which such structures are
flood-proofed, shall be maintained by the Division of Building RegulationSafety.
***
(15) Historic structures. Historic structures undergoing repair or rehabilitation that would
constitute a substantial improvement as defined above, must comply with all
ordinance requirements that do not preclude the structure's continued designation as
a historic structure. Documentation that a specific ordinance requirement will cause
removal of the structure from the National Register of Historic Places or the State
Inventory of Historic PlacesVirginia Landmarks Register must be obtained from the
Secretary of the Interior or the State Historic Preservation Officer. Any exemption

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from ordinance requirements will be the minimum necessary to preserve the historic
character and design of the structure.
***
(g) Administration. Records of actions associated with administering this ordinance shall be
kept on file and maintained by the Office Division of Building RegulationsSafety. The
Floodplain Administrator shall have the following duties and responsibilities:
Sec. 24.1-377. – Yorktown Historic District Overlay.
(d) Certificate of Appropriateness.
(1) Within the Yorktown Historic District, no historic landmark or building or structure,
including fences and signs, shall be erected, reconstructed, altered, restored,
demolished, or moved until a certificate of appropriateness for such work has been
issued as provided herein. The certificate of appropriateness shall be displayed on the
work site.
(2) In any case where the work to be performed requires the issuance of a permit or
approval under other terms of the Zoning Ordinance or York County Code, no such
permit shall be granted until a certificate of appropriateness has been approved and
issued as required herein. The certificate of appropriateness shall be displayed on the
site. A certificate of appropriateness shall not be required for any York County
buildings or structures, including fences and signs.
(e) Actions Exempted from Review. Certain actions that are deemed not to permanently affect
the character of the historic district shall be exempt from review. Such actions shall include
the following and any similar actions, as determined by the Zoning Administrator, that will
have no more effect on the character of the district than those listed:
(1) Interior alterations.
(2) Maintenance or repair which does not result in a change in exterior features and
appearance (such as repainting resulting in the same color, re-roofing with a material
that matches the existing, or gutter replacement that matches the existing). Painting of
previously unpainted masonry surfaces is not exempt from review.
(32) Changes to a structure that do not involve addition or demolition of building floor
area or volume and are not subject to view from adjacent properties or rights-of-way.
(43) Removal of television or radio antennas, solar collectors, and similar
appurtenances.
(54) Demolition of any building or structure that the Building Official orders, in writing,
because of an unsafe or dangerous condition.
(65) Landscaping.
(f) Actions Permitted with Administrative Approval of a Certificate of Appropriateness.
(1) Certain actions that are deemed to have only a minor effect on the character of the
historic district may be approved by the Zoning Administrator upon submittal of an
appropriate application form. Such actions shall include the following and any similar
actions, as determined by the Zoning Administrator, which will have no more effect on
the character of the district than those listed.

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a. Additions or deletions to a structure which will not substantially change the
architectural character of the structure and which are generally hidden from public
view or inconspicuous in nature.
b. Maintenance or repair which does not result in a change in exterior features and
appearance (such as repainting resulting in the same color, re-roofing with a
material that matches the existing, or gutter replacement that matches the existing).
bc. Construction of piers, docks, and bulkheads.
cd. Outside storage on a business property that does not involve structural changes.
e. Painting of a previously unpainted masonry surface when using one of the colors
shown on the approved palette of colors.
df. Painting the exterior of a structure or the face of an existing sign when using one
of the colors shown on the approved palette of colors.
eg. Demolition or moving of any building or structure other than a Pivotal structure.
fh. Modification or extension of existing fences or walls along street frontages or side
property lines and installation of new fences in rear yards.
(g) Actions Requiring Approval by the Historic Yorktown Design Committee.
(1) All actions not covered under Sections 24.1-377(e) or 24.1-377(f) above and any other
actions not specifically exempted by the terms of this Article shall be permitted only
after issuance of a certificate of appropriateness by the HYDC. Such actions include,
but are not limited to:
d. Any change or alteration of the exterior features and architectural style of a
buildingto a structure, including removal or rebuilding or porches, dormers,
cupolas, stairways, terraces, and the like, that is subject to view from adjacent
properties or rights-of-way.
***
(j) Applications for and Processing of Certificates of Appropriateness.
(3) Frequency of Meetings The HYDC shall hold an annual meeting each year during
the month of January and shall, at the annual meeting, adopt a schedule of regular
monthly meeting dates for the balance of the calendar year. The HYDC shall meet
at least once in each calendar month, provided, however, it need not meet if no
applications have been filed or are pending. Applications for HYDC review shall
be filed at least twenty-one eight (2128) days prior to the date of the meeting at
which the request is to be considered.
(9) Expiration of Certificates of Appropriateness Any certificate of appropriateness
issued pursuant to this article shall expire twelve twenty-four (1224) months from
the date of issuance if the work authorized thereby has not been commenced and
diligently and substantially pursued. Such certificate shall also expire and become
null and void if such authorized work is suspended or abandoned for a period of
twelve twenty-four (1224) months after being commenced. On written request from
an applicant, the HYDC may grant a single extension of its approval for a period
of up to one (1) year. Such written request must be made at least twenty-eight (28)
days prior to the expiration of the certificate, provide a rationale for granting the
extension, and document the progress made toward completion. The HYDC may
grant such extension during a public meeting, subject to all public notice
requirements of the Code of Virginia, or through an administrative process if, based

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upon the submissions from the applicant, the HYDC finds that conditions on the
site and in the area of the proposed project are essentially the same as when
approval originally was granted.
Sec. 24.1-378. – Route 17 corridor overlay district.
(b) Applicability. The special provisions established in this section shall apply to development
on parcels which are located along Route 17 between the Newport News city line and Cook
Road. The overlay designation shall apply to all parcels with frontage on Route 17 and
shall extend to the depth of the property or 500 feet, whichever is less.
The boundary of the tourist Route 17 corridor overlay district shall be shown on the zoning
map and shall be delineated as a surveyed line on any site plan or subdivision plat proposed
for property located within this district. The boundary shall be measured from the existing
right-of-way line, or the future right-of-way line if the proposed development will be
required to add right-of-way either because of its traffic impact or if the roadway is shown
on an adopted statewide, regional, or county plan as requiring additional right-of-way
within a twenty (20) year period.
Article IV. – Performance Standards for Uses.
Division 1. – Residential Uses (Category 1).
Sec. 24.1-402. – Standards for open space development (cluster techniques).
(c) Layout, open space, and recreational area requirements.
Minimum Requirements
External Setbacks
From External Streets
From Property Line (Perimeter)
Internal Setbacks/Dimensions
Front Yard (From Internal Streets)
Side Yard
Rear Yard
Distance Between Principal Buildings
Lot Width & Area
Special Conditions
Lots Abutting Exterior Boundary
Flag Lots
Accessory Buildings
Common Open Space
Recreational Area

As prescribed in underlying zoning district
Same as conventional development (1) (2)
Thirty feet (30')
Ten feet (10')
Twenty feet (20')
Twenty feet (20')
No requirements
Must match underlying zoning requirement for
minimum lot size, setbacks, and width (1)
Per Section 24.1-202(c)
Per Section 24.1-273
Forty percent (40%) of gross land area
Seven and a half percent (7.5%) of common open
space (3)

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(1) Unless abutting another open space development or separated by an open space strip not
less than forty-five feet (45').
(2) Applicable to any open space development receiving Preliminary Plan approval after
October 20, 2009.
(3) Recreation areas, excluding pedestrian and bicycle facilities when located adjacent to public
rights-of-way, shall not abut the exterior boundary of the open space development.
(5) Pedestrian and bicycle facilities shall be provided which fully interconnect the
development and its recreation areas both internally and with existing and planned
external pedestrian and bicycle facilities. Sidewalks shall be located on both sides of
each street. Pedestrian and bicycle facilities may be located within the common open
space provided the minimum common open space and recreational area requirements
are satisfied and the landscape credits prescribed in section 24.1-243(a) are fully
satisfied within the width of the open space buffer strip.
Sec. 24.1-405. – Standards for Manufactured Homes.
(a) Transportable manufactured homes In in conjunction with agricultural uses.
(1) Such use may be authorized as an accessory use on a bona fide "working farm" located
in any zoning district. For the purpose of this section, the term "working farm" shall be
defined as an operation where the principal use is the production of agricultural
products or the raising or keeping of animals or poultry or the growing of fruits or
crops. The minimum area of any such "working farm" shall be ten (10) acres.
(2) Such manufactured home shall be in addition to, and not a substitute for, the principal
single-family detached dwelling located on the property. No such manufactured home
shall be located on a farm where an inhabitable single-family dwelling does not exist.
(3) Any manufactured home used pursuant to the terms of this section shall be served by a
sewage disposal and water supply system, approved by the zoning administrator in
consultation with the health department and the director of Public Works.
(4) At least one occupant of the manufactured home shall be employed as a full-time
worker on the farm, provided, however, that the owner of the farm shall not occupy the
manufactured home.
(5) All such manufactured homes shall be certified as meeting federal safety and
construction requirements as promulgated by the U. S. Department of Housing and
Urban Development.
(b) Transportable Manufactured manufactured homes not in conjunction with agricultural
uses.
(1) All such units shall be certified as meeting federal safety and construction standards
promulgated by the U. S. Department of Housing and Urban Development.
(2) All such units shall be served by an all-weather driveway passable by emergency
vehicles at all times.
(3) The unit shall be placed on a permanent foundation which is fully skirted. The skirting
shall be installed within thirty (30) days after the manufactured home is placed on the
lot or parcel. If the tongue and axles are not fully concealed by the skirting, they shall
be removed.

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(4) Landscaping shall be provided in accordance with a landscape plan to be submitted to
and approved by the zoning administrator. All plant materials shall be installed by the
end of the first available growing season following placement of the unit.
(c) Permanent manufactured homes.
(1) All such units shall be certified as meeting federal safety and construction standards
promulgated by the U. S. Department of Housing and Urban Development.
(2) Manufactured homes shall comply with all applicable requirements of the zoning
district, including, but not limited to, minimum setbacks, yard requirements, minimum
lot width, and building height.
Sec. 24.1-409. – Standards for boarding houses and short-term rental homes (tourist home
and bed and breakfast establishments).
(f) The owner/proprietor of a short-term rental home shall be responsible for obtaining all
applicable permits and/or approvals required in accordance with regulations of the Virginia
Uniform Statewide Building Code and the Department of Fire and Life SafetyFire
Department prior to use of a structure as a short-term rental home.
***
(h) The following emergency/life safety requirements shall apply to the operation of a shortterm rental home:
(3) The establishment shall be maintained in accordance with the State and Local Fire
Prevention Code and the Virginia Residential Code and shall have a fire inspection
conducted by the Department of Fire and Life SafetyFire Department prior to the
commencement of the short-term rental home and annually thereafter.
Sec. 24.1-411. – Standards for Senior Housing (Housing for Older Persons).
(h) Fire hydrants shall be installed within the project at locations such that no building or
portion thereof within the development shall be further than six hundred feet (600') from a
hydrant. As part of the application for Special Use Permit, the applicant shall submit a
detailed description of the proposed features of the project and building design, as well as
operational procedures, that will ensure and facilitate the safety of the residents in the event
of fire or other emergencies. In the case of senior housing structures not otherwise required
to be constructed in accordance with the Institutional classification of the Building Code,
the Department of Fire and Life SafetyFire Department and the Building Official may
recommend, and the Board of Supervisors may approve, a use permit condition requiring
conformance to one or more aspects of the Institutional classification code pertaining to
reduced combustibility of structural components, fire and smoke limiting features, as well
as fire detection and suppression systems.

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Division 4. – Education Uses (Category 5).
Sec. 24.1-414. – Standards for horsekeeping or other livestock and commercial stables.
(c) Horses or other livestock shall not be stabled, pastured, or otherwise kept within one
thousand feet (1,000') of a drinking water reservoir unless it can be proven to the
satisfaction of the health department and the zoning administrator that any runoff will be
away from the reservoir and that public health will not be negatively impacted. In such
cases, a two hundred foot (200') buffer must be maintained. This shall not be interpreted to
preclude the riding of horses or establishment of bridle trails closer than the specified
distance provided that the health department and owner of the reservoir approve.
The owner shall provide the county with a soil conservation and management plan prepared by a
qualified professional which shall include:
(1) a nutrient management plan for the proper storage and application of animal waste;
(2) an erosion control plan to ensure the integrity of the slopes; and
(3) a best management practices program for controlling and treating surface runoff.
In determining consistency with this condition, the zoning administrator may require that the
above plans be reviewed and approved by the Virginia Cooperative Extension Service and the U.S.
Department of Agriculture SoilNatural Resources Conservation Service.
Division 4. – Education Uses (Category 5).
Sec. 24.1-427. – Standards for all education uses.
(b) Unless waived in writing by the zoning administrator at the time of application, a traffic
impact study prepared in accordance with the standards established in article II of this
chapter shall be submitted with all applications for educational uses. The study shall either
find that such a facility will have no excessive or adverse impact on residential streets nor
will there be a demonstrable safety hazard at the site entrance(s) or it shall determine what
improvements are necessary to making such a finding.
(cb)
Outdoor lighting shall be sufficient to protect public safety; however, it shall be
directed away from property lines and rights-of-way and shall not cast unreasonable or
objectionable glare on adjacent properties and streets.
(dc)
Site and building design shall be accomplished in a manner that will appropriately
minimize and mitigate any noise associated with HVAC, emergency generator systems, or
other mechanical equipment that would otherwise be audible on any adjacent residentially
zoned property.
Sec. 24.1-428. – Standards for pre-school, day care centers and nursery schools.
(b) Outdoor recreation area shall be provided in accordance with the standards established or
recommended by the Virginia Department of Education, Office of Child Care Health and

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Safety, and the York County division of parks, and recreation, and tourism. Outdoor
recreation space shall only include that area:
Division 5. – Institutional Uses (Category 6).
Sec. 24.1-431. – Standards for all institutional uses.
(b) Unless waived in writing by the zoning administrator at the time of application, a traffic
impact study prepared in accordance with the standards established in article II of this
chapter shall be submitted with all applications for institutional uses. The study shall either
find that such a facility will have no excessive or adverse impact on residential streets nor
will there be a demonstrable safety hazard at the site entrance(s) or it shall determine what
improvements are necessary to making such a finding.
(cb)
Outdoor lighting shall be sufficient to protect public safety; however, it shall be
directed away from property lines and rights-of-way and shall not cast unreasonable or
objectionable glare on adjacent properties and streets.
(dc)
Site and building design shall be accomplished in a manner that will appropriately
minimize and mitigate any noise associated with HVAC, emergency generator systems, or
other mechanical equipment that would otherwise be audible on any adjacent residentially
zoned property.
Division 6. – Public and Semi-Public Uses (Category 7).
Sec. 24.1-434. – Standards for all public and semi-public uses.
(b) Unless waived in writing by the zoning administrator at the time of application, a traffic
impact study prepared in accordance with the standards established in article II of this
chapter shall be submitted with all applications for public and semi-public uses. The study
shall either find that such a facility will have no excessive or adverse impact on residential
streets nor will there be a demonstrable safety hazard at the site entrance(s) or it shall
determine what improvements are necessary to making such a finding.
(cb)
Outdoor lighting shall be sufficient to protect public safety; however, it shall be
directed away from property lines and rights-of-way and shall not cast unreasonable or
objectionable glare on adjacent properties and streets.
(dc)
Site and building design shall be accomplished in a manner that will appropriately
minimize and mitigate any noise associated with HVAC, emergency generator systems, or
other mechanical equipment that would otherwise be audible on any adjacent residentially
zoned property.
Division 7. – Temporary Uses (Category 8).
Sec. 24.1-439. – Standards for carnival, circus, fair, festival, or similar special event.
Administrative permits may be issued for a temporary carnival, circus, fair, festival, or similar
special event in any zoning district subject to the following:

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(a) The applicant or property owner shall post a letter of credit, cash, or similar guarantee in
the amount of five thousand dollars ($5,000.00) with the zoning administrator to ensure
that the grounds are left in a clean and sanitary manner. The zoning and code enforcement
officer shall, within ten (10) days after the closing of such use, make a written report to the
zoning administrator on the conditions of the grounds. If the above provisions have not
been satisfied, the zoning administrator shall require the forfeiture of said guarantee in an
amount sufficient to cover the cost of cleaning the area. The zoning administrator may
waive or reduce the guarantee for bona fide non-profit civic groups which are located,
organized, meet and operate in York County.
Sec. 24.1-440. – Standards for temporary sales of seasonal commodities.
Administrative permits may be issued for the temporary outdoor sale of produce or other seasonal
commodities subject to the following provisions:
(d) The applicant shall post a surety by cash or certified check in the amount of five hundred
dollars ($500.00) to ensure that the site shall be maintained in a clean and sanitary condition
at all times and shall be satisfactorily cleaned and restored subsequent to termination of the
activity. The zoning and code enforcement officer shall, within ten (10) days of the closing
of such use, report to the zoning administrator concerning the condition of the grounds and
any corrective measures deemed necessary. The zoning administrator may waive or reduce
the surety for bona fide non-profit civic groups which are located organized, meet, and
operate in York County or when the applicant provides documentation satisfactory to the
zoning administrator that the property owner will enforce the property maintenance/cleanup requirement (e.g., as a condition of the applicant's lease).
Sec. 24.1-443. – Standards for flea markets.
Special use permits may be issued for flea markets operated on a temporary basis subject to the
following provisions, the compliance with which shall be indicated on a detailed sketch plan drawn
to scale submitted at the time of application.
(f) The applicant shall post a surety by cash, certified check, or letter of credit in the amount
of five thousand dollars ($5,000.00) to ensure that the site is maintained in a clean and
sanitary condition at all times and is satisfactorily cleaned and restored subsequent to
termination of the activity. The zoning and code enforcement officer shall, within ten (10)
days after the closing of the use, make a written report to the zoning administrator on the
condition of the grounds. If the site has not been satisfactorily cleaned, the zoning
administrator shall require the forfeiture of the performance guarantee. The zoning
administrator may waive or reduce the surety for bona fide non-profit civic groups which
are located, organized, meet, and operate in the county.

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Sec. 24.1-453. – Mobile Food Vending Vehicles (Food Trucks).
When not in conjunction with a special event (such as a festival, concert, grand-opening,
anniversary, or special sales event where food vending is allowed as accessory and incidental to
the event) the operation of mobile food vending vehicles (aka—food trucks) on property zoned
and developed for commercial or industrial use shall be permitted by administrative permit subject
to the following provisions:
(a) The applicant shall provide the following to the zoning administrator:
(1) A copy of a valid York County business license. Such business license shall be posted
in the vehicle at all times when in operation in York County.
(2) A copy of a valid health permit from the Virginia Department of Health stating that the
mobile food vending operation meets all applicable standards. A valid health permit
must be maintained for the duration of the permit.
(3) A copy of a valid fire inspection report from the York County Fire Department stating
that the mobile food vending operation meets all applicable standards. A valid fire
inspection report must be maintained for the duration of the permit.
Division 8. – Recreation and Amusement Uses (Category 9).
Sec. 24.1-454. – Standards for all recreation and amusement uses.
(b) Unless waived in writing by the zoning administrator at the time of application, a traffic
impact study prepared in accordance with the standards established in article II of this
chapter shall be submitted with all applications for recreation and amusement use. The
study shall either find that such a facility will have no excessive or adverse impact on
residential streets nor will there be a demonstrable safety hazard at the site entrance(s) or
it shall determine what improvements are necessary to making such a finding.
(cb)
Outdoor lighting shall be sufficient to protect public safety; however, it shall be
directed away from property lines and rights-of-way and shall not cast unreasonable or
objectionable glare on adjacent properties and streets.
(dc)
Outdoor components of such uses, where located adjacent to residentially classified
property, shall not be operated after 11:00 p.m. nor before 6:00 a.m.
(ed)
Provisions shall be made to adequately accommodate bicycle parking unless the
zoning administrator determines such provision is unnecessary by reason of the location,
hours of operation, or market orientation.
(fe) Outdoor speaker or paging systems shall not be directed toward property lines and shall
not be audible from adjacent residential properties.
Sec. 24.1-461. – Standards for theme park, amphitheater, or stadium.
(c) A traffic study shall be prepared in accordance with the provisions of article II, division 5
of this chapter. The resulting access management plan and design shall ensure one clear
lane for emergency access is maintained at all times for emergency personnel and
equipment. Access roads and pedestrian walkways for the facility shall be designed for

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peak hour usage. Access drives to the facility shall be designed and sized, based on the
traffic impact analysis, to accommodate the park volumes of vehicular traffic associated
with arrivals and departures from the facility without unduly interrupting traffic flow on
adjacent public rights-of-way.
(dc)
The facility shall be served by an appropriate communication system, including
both signage and public address system, to ensure efficient operations, vehicular and
pedestrian traffic circulation, crowd management and emergency notification capabilities.
(ed)
A noise analysis shall be prepared describing the projected sound transmission
levels and frequencies, including those used in any radio broadcasting to on or off-site
receivers, or anticipated to be generated by the facilities or the events operated or conducted
on the site. Such analysis shall include a discussion of both ambient and directional sound
levels and frequency, and any proposed sound attenuation measures.
(fe) A report shall be submitted describing the proposed methods of crowd control and
management, including security, vehicular and pedestrian traffic, first aid, emergency
access, emergency communications and staffing levels and training. Proposed hours of
operation shall also be described in the report.
Division 9. – Commercial and Retail Uses (Category 10).
Sec. 24.1-467. – Standards for convenience stores.
(b) A traffic impact analysis must be performed in accordance with the requirements of article
II, division 5. The recommended improvements must be fully implemented provided,
however, that the zoning administrator shall require such additional improvements or
traffic restrictions as may be necessary to ensure traffic safety and preserve roadway
capacity.
(cb)
Deliveries to such uses located adjacent to residential areas shall not occur after
11:00 p.m. or before 6:00 a.m.
(dc)
Site lighting shall be provided by fixtures which are compatible in style and
illumination levels with the architecture of the principal building on the site and are not
greater than twenty-five feet (25') in height.
(ed)
Any fuel dispensing or car wash activities conducted as accessory uses in
conjunction with a convenience store operation shall be subject to the performance
standards set forth in sections 24.1-475, 477, and 478 of this chapter.
Division 10. – Business and Professional Service Uses (Category 11).
Sec. 24.1-473. – Standards for drive-in, fast food and carry-out out/delivery, and ice cream,
custard, and yogurt restaurants.
(a) Drive-In, fast food, and carry-out deliverySuch restaurants shall have access to streets
classified as major collector or a higher order or a minor collector where such entrance is
at least two-hundred and fifty (250) feet from any residential use.
(b) A traffic impact analysis must be performed in accordance with the requirements of article
II, division 5. The recommended improvements must be fully implemented provided,

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however, that the zoning administrator shall require such additional improvements or
traffic restrictions as may be necessary to ensure traffic safety and preserve roadway
capacity.
(cb)
Deliveries to such uses located adjacent to residential areas shall not occur after
11:00 p.m. or before 6:00 a.m.
(dc)
Site lighting shall be provided by fixtures which are compatible in style and
illumination levels with the architecture of the principal building on the site and are not
greater than twenty-five feet (25') in height.
Sec. 24.1-474. – Standards for commercial reception hall or conference center.
(f) The application for approval of such a facility shall be accompanied by a traffic impact
study prepared in accordance with the standards established in article II, division 5, of this
chapter. Such study shall be required for all reception hall/conference center proposals in
the WC/I district, regardless of their size. Approval of the reception hall/convention center
facility at the size proposed shall be contingent on demonstration through the traffic
analysis that the capacity of the road system serving the facility can accommodate the
projected traffic and that there will be no excessive or adverse impact on residential streets
nor a demonstrable safety hazard to vehicular or pedestrian traffic along the access routes.
The findings and conclusions of the traffic analysis shall be subject to approval by the
Virginia Department of Transportation.
Division 11. – Motor Vehicle and Transportation Related Uses (Category 12).
Sec. 24.1-475. – Standards for all motor vehicle and transportation related uses.
(g) A hazardous materials management and stormwater runoff control plan detailing the
methods to be employed to ensure that no hazardous or petroleum-based products are
permitted to infiltrate into groundwater or surface water resources shall be prepared,
submitted to, and approved by the health department, the department of Public Works and
department of Fire and Life SafetyFire Department prior to receiving site plan approval for
such uses.
Sec. 24.1-477. – Standards for auto fuel dispensing establishments, service stations and auto
repair garages.
(e) A traffic impact analysis must be performed in accordance with the requirements for same
contained in article II. The recommended improvements must be fully implemented
provided, however, that the zoning administrator shall require such additional
improvements or traffic restrictions as may be necessary to ensure traffic safety and
preserve roadway capacity.
(fe) No logo, brand name, or sign which is legible from adjacent public roads may be placed
on pumps or pump islands.

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(gf)Site lighting shall be provided by fixtures which are compatible in style and illumination
levels with the architecture of the principal building on the site and are not greater than
twenty-five feet (25') in height.
(hg)
In the event the fuel dispensing activity ceases at the automobile fuel supply
establishment, written notice shall be provided by the owner/operator to the Zoning
Administrator within seven days after such fuel dispensing activity ceases. In the event the
fuel dispensing activity remains inactive for a period in excess of nine (9) months, the
owner/operator shall be responsible for performing the following:
1. the tanks, tanklines, fueling equipment (including the gas pumps and fueling islands)
shall be removed; all applicable state and federal environmental protection and
mitigation requirements shall be observed in the removal and site restoration process;
2. the canopy shall be removed;
3. any inactive accessory car wash equipment associated with the fuel dispensing activity
and the structure surrounding same shall be removed;
4. the real property in or on which the improvements listed in subsection (1), (2), and (3)
above, are placed or constructed shall be restored to the same grade or condition as the
remainder of the parking lot and maintained either as landscaped green area or as paved
area until a new site plan for same has been approved by the County. Except in the
restored area that is established as landscaped green area, the paved area shall be restriped to match the remainder of the parking lot.
The requirement to remove the above-noted equipment may be stayed for a maximum of
six (6) months in the event the property owner provides documentation to the zoning
administrator of the existence of an executed and pending contract for sale or lease of the
property for the same use. If such an extension is granted, the actual conveyance, and the
re-establishment of the use, must occur within said six (6) month period. In the event such
contract lapses, the removal requirement shall be immediately reinstated.
(ih) The requirement to remove pumps, tanks, canopies and other appurtenances listed in the
preceding subsection shall be ensured by the property owner/operator through a
maintenance agreement, approved as to form by the county attorney, whereby the property
owner/operator shall covenant to perform the required removal of any such tanks, pumps,
canopies and other prescribed appurtenances within ninety (90) days of notice by the
County and grant authority to the County to perform such work at the property owner's cost
if the owner/operator should default on his obligations. The owner/operator shall cause
such agreement to be recorded by the clerk of the circuit court and provide evidence of
such recordation to the zoning administrator prior to issuance of any building permits for
the proposed development.
Sec. 24.1-478. – Standards for car washes.
(b) A traffic impact analysis must be performed in accordance with the requirements in article
II, division 5. The recommended improvements must be fully implemented provided,
however, that the zoning administrator shall require such additional improvements or

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traffic restrictions as may be necessary to ensure traffic safety and preserve roadway
capacity.
(cb)
Site lighting shall be provided by fixtures which are compatible in style and
illumination levels with the architecture of the principal building on the site and are not
greater than twenty-five feet (25') in height.
(dc)
In the event the car wash activity, whether it is the principal or accessory use of the
property, ceases operation, written notice shall be provided by the owner/operator to the
Zoning Administrator within seven days after such activity ceases. In the event the car
wash activity remains inactive for a period in excess of nine (9) months, the owner/operator
shall be responsible for performing the following:
1. all car wash equipment and the structure surrounding same shall be removed;
2. the real property in or on which the improvements listed in subsection (1) above, are
placed or constructed shall be restored to the same grade or condition as the remainder
of the parking lot and maintained either as landscaped green area or as paved area until
a new site plan for same has been approved by the County. Except in the restored area
that is established as landscaped green area, the paved area shall be re-striped to match
the remainder of the parking lot.
The requirement to remove the above-noted equipment may be stayed for a maximum of
six (6) months in the event the property owner provides documentation to the zoning
administrator of the existence of an executed and pending contract for sale or lease of the
property for the same use. If such an extension is granted, the actual conveyance, and the
re-establishment of the use, must occur within said six (6) month period. In the event such
contract lapses, the removal requirement shall be immediately reinstated.
(ed)
The requirement to remove the car wash equipment and surrounding structure listed
in the preceding subsection shall be ensured by the property owner/operator through a
maintenance agreement, approved as to form by the county attorney, whereby the property
owner/operator shall covenant to perform the required removal of any such
equipment/structure within ninety (90) days of notice by the County and grant authority to
the county to perform such work at the property owner's cost if the owner/operator should
default on his obligations. The owner/operator shall cause such agreement to be recorded
by the clerk of the circuit court and provide evidence of such recordation to the zoning
administrator prior to issuance of any building permits for the proposed development.
Division 12. – Shopping Center and Business Parks (Category 13).
Sec. 24.1-481. – Standards for shopping centers.
Shopping centers shall comply with the following performance standards:
(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

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for the center and any outparcels. The recommendations of the analysis, unless
specified otherwise by the department of transportation, shall be fully implemented.
(21) 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).
(32) 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.
(43) Bicycle use and circulation shall be adequately accommodated through, at a
minimum, the provision of safe, secure, and convenient bicycle parking facilities.
(54) 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).
(65) 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.
(76) 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.
Sec. 24.1-482. – Standards for business parks and industrial parks.
(b) Procedure.
(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.
(54) 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.
(65) 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

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business park and shall specifically reference the existence of the restrictive and
protective covenants.
Division 15. – General Industrial Uses (Category 16).
Sec. 24.1-489.1. – Standards for data centers.
(e) A hazardous materials management and stormwater runoff control plan shall be submitted
detailing the methods to be proposed to ensure that no hazardous or petroleum-based
products are permitted to infiltrate into groundwater or surface water resources. The plan
shall be submitted to and approved by the York County Departments of Public Works, and
Fire & Life SafetyFire Department, and the Virginia Department of Health, prior to
receiving site plan approval.
***
(j) Data centers shall adhere to the following Fire and Life Safety standards:
(1) Documentation describing how the data center will address York County's Department
of Fire and Life SafetyFire Department Data Center Response Considerations
guidelines shall be submitted during the Special Use Permit process.
(2) Parking spaces shall not be located within 30 feet of the building to allow fire apparatus
unobstructed access.
(3) Drive aisles shall be designed with a minimum turning radius of thirty-three feet (33')
to accommodate all York County Department of Fire & Life SafetyFire Department
apparatus.
(4) A comprehensive employee evacuation plan to ensure the safety and preparedness of
employees in the event of an emergency shall be submitted to, and approved by the
York County Department of Fire and Life SafetyFire Department.
(5) A hazardous materials management plan shall be submitted to and approved by the
Department of Fire and Life SafetyFire Department.
Division 16. – Utilities and Related Uses (Category 17).
Sec. 24.1-494.2. – Non-residential battery energy storage facilities.
(d) A hazardous materials management plan shall be submitted to and approved by the
Department of Fire and Life SafetyFire Department.
Article V. – Site Plans
Sec. 24.1-502. – Information required on site plans.
(n) Number of copies. Plan submissions shall be clearly legible, folded copies of the site plan
printed in black ink and shall be accompanied by the appropriate application form and fee.
No plan shall be deemed received until all relevant fees and applications are submitted. In
addition, copies/sets of any supplementary reports or calculations (e.g., drainage
calculations, traffic impact studies) shall be submitted with the plan submission. The

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number of copies of site plans and supplementary information/studies required shall be that
number deemed sufficient by the zoning administrator to cover distributions to the relevant
review departments/agencies and to provide a file copy to be maintained in the
Development Services Division and the required number of copies shall be communicated
in procedural information made available to prospective applicants by the Department of
Planning and Development Services.
Article VI. – Off-Street Parking and Loading
Sec. 24.1-605. – Off-street loading spaces.
(c) All off-street loading spaces, including aisles and driveways leading to them, shall be
constructed of concrete, asphalt or other equivalent permanent, dustless surface such as
cobblestone, Belgian block, brick, grid pavers, interlocking pavers, or similar surface
material. Where an equivalent material to concrete or asphalt is used, the zoning
administrator may require that the parking area be certified by a design professional as
capable of accommodating anticipated traffic loading stresses and maintenance impacts.
Sec. 24.1-606. – Minimum off-street parking and loading requirements.
(k) Category 11—Business/Professional Service.
USE

(2) Financial institution with
drive-in windows

(13a) Restaurant: Ice Cream,
Custard, and Yogurt

OFF-STREET
PARKING SPACES
One (1) space per 350 square feet of floor
area; plus
Eight (8)Six (6) stacking spaces for the
first drive-in window; plus
Two (2) stacking spaces for each
additional window.
One (1) space per one hundred (100)
square feet of gross floor area inclusive
of outside dining area; plus
Six (6) stacking spaces for the first drivethru lane; plus
Three (3) stacking spaces for each
additional drive-thru lane.

OFF-STREET
LOADING SPACES

None

One (1) space

Sec. 24.1-607. – Off-street parking design standards.
(d) All permanent off-street parking areas proposed in conjunction with any development other
than single-family detached or duplex dwellings which is subject to the requirements of
this chapter shall comply with the following design standards:
(1) Parking areas shall be constructed of concrete, asphalt or other equivalent permanent,
dustless surface such as cobblestone, Belgian block, brick, grid pavers, interlocking

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pavers, or similar surface material. Where an equivalent material to concrete or asphalt
is used, the zoning administrator may require that the parking area be certified by a
design professional as capable of accommodating anticipated traffic loading stresses
and maintenance impacts.
The above provision notwithstanding, the zoning administrator may approve unpaved
or gravel parking areas provided that a specific request, detailing the environmental
conditions giving rise to the request, is submitted in writing at the time of plan
submission. Said unpaved or gravel parking areas must be an integral part of an overall
stormwater management plan for the project.
Article VII. – Signs
Sec. 24.1-703. – Permitted signs.
(a) The following table indicates the functional class, structural class, area, height, and type of
illumination of permanent signs permitted within each of the zoning districts prescribed by
this chapter. All such signs shall be in accordance with the general provisions established
in section 24.1-702.
SECTION 24.1-703. DISTRICT SIGN REGULATIONS

Illumination
type

Structural Class

Pole

Monument (5) (6)

40

12

6

6

X

X

X

3

3

3

3

Maximum
Cumulative
Wall and Roof
Sign Area per
Lot or Parcel

Pole

Monument (5) (6)

X

External

X

Internal

X

Roof

Wall

Building
Mounted

Pole

Nonresidential uses
in RC, RR, R33,
R20, R13, R7R3,
RMF, and PD
Districts2
Home occupations
in RC, RR, R33,
R20, R13, R7R3,
RMF, and PD
Districts3

Freestanding

Maximum
Freestanding
Sign Height
(ft.)

Monument

Zoning Districts
Where Permitted

Maximum
Freestanding
Sign Area
(sq. ft.)

20 sq. ft

3 sq. ft.

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Internal

Maximum
Cumulative
Wall and Roof
Sign Area per
Lot or Parcel

Pole

See Section III of the Yorktown Design Guidelines

Pole

Wall

Nonresidential uses
in the YVA District

External

Building
Mounted

Roof

Freestanding

Pole

Zoning Districts
Where Permitted

Monument

Maximum
Freestanding
Sign Height
(ft.)

Monument (5) (6)

Illumination
type

Structural Class

Maximum
Freestanding
Sign Area
(sq. ft.)

Monument (5) (6)

York County Planning Commission Minutes
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Page 57

NB, WCI

X

X

X

X

X

40

24

6

8

LB

X

X

X

X

X

40

32

6

10

GB, IL

X

X

X

X

X

64

50

10

15

EO

X

X

X

X

64

N/A

10

N/A

1 sq. ft. per
linear foot of
principal
building width
1.25 sq. ft. per
linear foot of
principal
building width
1.5 sq. ft. per
linear foot of
principal
building width
1.5 sq. ft. per
linear foot of
principal
building width

X = PERMITTED
1

See Section 24.1-703(b) for sign standards applicable to properties containing shopping centers, regional
medical centers, residential communities, or office or industrial parks.
2
Unless Otherwise stipulated in the PD approval documents.
3
Home occupations shall be limited to a single sign, which may be either a freestanding or a wall sign.
4
Roof signs shall not exceed 10 feet in height above the ridgeline or parapet elevation, or the maximum
building height for the IG District, whichever is less.
5
Monument signs are required (i.e., free-standing signs are prohibited) in the TCM Overlay Districts and are
limited to 32 square feet in area and 10 feet in height for uses generally and 96 square feet in area and 15 feet in
height for shopping centers, unless otherwise specified.
6
Monument signs are required (i.e., free-standing signs are prohibited) in the Route 17 Corridor Overlay
District and are limited to 64 square feet in area and 10 feet in height for uses generally and 96 square feet in
area and 15 feet in height for shopping centers, unless otherwise specified.

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(b) Other provisions of Section 24.1-703 notwithstanding, the following permanent signs shall
be permitted in accordance with conditions and requirements as stated and in compliance
with provisions of Section 24.1-702, unless otherwise specified herein.
(4) Supplementary sign regulations applicable to shopping centers. The following
regulations shall apply to shopping centers, as defined in section 24.1-104,
notwithstanding the zoning district in which located:
b. Permanent free-standing signs shall be allowed as follows:
2. The maximum area of any one (1) free-standing sign shall be one hundred fifty
(150) square feet, except in the following overlay districts:
i. In the TCM overlay Overlay District, where the maximum area for shopping
center signs shall be ninety-six (96) square feet and the maximum area for
all other signs shall be thirty-two (32) square feet. All free-standing signs in
this overlay district shall be limited to be monument-style designs.
ii. In the Route 17 Corridor Overlay District, the maximum area for shopping
center signs shall be ninety-six (96) square feet and the maximum area for
all other signs shall be sixty-four (64) square feet. All free-standing signs in
this overlay district shall be limited to be monument-style designs.
Article VIII. – Nonconforming Uses.
Sec. 24.1-802. – Nonconforming structures.
(c) Special provisions for manufactured housing units. Nothing in this section shall be
construed to prevent the removal of a valid nonconforming transportable manufactured
home from a mobile home park and replacing that home with another comparable
transportable 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. A land owner or home owner
may also place a transportable manufactured home that meets the current HUD
manufactured housing code upon any open lot in a valid nonconforming mobile or
manufactured home park regardless of whether a valid nonconforming transportable
manufactured home is currently located on such lot, provided that the degree of
nonconformity with any yard or setback requirements applicable to the district in which
located does not increase. In such mobile or manufactured home park, a single-section
home may replace a single-section home and a multi-section home may replace a multisection home.
If the nonconforming mobile or manufactured home is located on a property not within a
mobile home park, it may be replaced with a newer manufactured home, either single or
multi-section, that meets the current HUD manufactured housing code and provided that
any nonconformity with yard or setback requirements does not increase. An existing
mobile or manufactured home shall be considered a valid nonconforming mobile or
manufactured home regardless of whether such mobile or manufactured home has been
occupied during the preceding two (2) year period. Such replacement unit shall retain the
valid nonconforming status of the home.

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Article IX. – Appeals
Sec. 24.1-904. – Appeals from decisions of board.
Any person or persons jointly or severally aggrieved by any decision of the board of zoning
appeals, or any aggrieved taxpayer or any officer, department, board or bureau of the county may
within 30 days after the final decision of the board, file with the county circuit court for the county
a petition that shall be styled "[Petitioner v. Respondent] In Re: [date] Decision of the Board of
Zoning Appeals of York County" specifying the grounds on which aggrieved within thirty (30)
days after the final decision by the board of zoning appeals. Such 30-day filing requirement shall
be mandatory and jurisdictional. The court shall review and decide on such petition in accordance
with the provisions established by section 15.2-2314, Code of Virginia.
On a roll call the vote was:
Yea: (7)
Nay: (0)

Borelli, Smith, Wassmer, Titus, Chamberlain, Butler, Brooks

Therefore, the motion to approve the application was approved
***

OLD BUSINESS
Application No. ZT-221-26, York County Board of Supervisors: Consider
amendments to the York County Zoning Ordinance, Section 24.1-104. Definitions
and Section 24.1-271. Accessory uses permitted in conjunction with residential uses
to define and allow the use of shipping/containerized cargo units as accessory sheds
in residential areas.

Earl Anderson, Director of Planning and Development Services, presented the staff
report dated September 18, 2026, and said the Board of Supervisors had requested that the
Planning Commission provide feedback on the recommendations proposed in O26-16.
Mr. Titus stated these sheds are unsightly and asked whether two 40-foot containerized
sheds could be placed side by side and questioned why the ordinance did not use another
standard, such as cubic footage, to regulate their size.
Mr. Anderson explained that the ordinance permits only one containerized unit per
property and that multiple units are not allowed. Additionally, they cannot be stacked.
Mr. Titus confirmed that a property owner could place a shed on the property, add a roof,
and thereby create a larger enclosed structure.

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Mr. Anderson replied that, so long as the applicable setbacks were met, the resulting
structure would be permitted.
Mr. Wassmer asked what prompted the proposed ordinance change. He recalled that only
one resident had requested permission for a cargo-container shed in the County.
Mr. Anderson explained that staff discussed whether to allow such structures and that the
Board concluded they should be regulated rather than outright prohibited. He noted that
the County has received repeated requests to allow these structures, even though they were
previously prohibited. In many cases, residents place containers on their properties without
realizing they are not permitted and learn of the restriction only after a neighbor files a
complaint, at which point staff must require removal. Although only a limited number of
containers are seen throughout the County, the proposed ordinance would set standards and
allow residential property owners to use them as accessory structures. Each proposal would
be subject to the Special Use Permit process, giving the Planning Commission and Board
greater oversight and control.
Mr. Wassmer stated that he would not want a cargo container shed adjacent to his
property. However, given the proposed requirements, he viewed the structure as
functionally similar to any other shed. He said he did not understand the level of concern,
noting that the Special Use Permit process would consider each request individually.
Mr. Smith asked how the County defines a “permanent foundation” and whether the
structure would have to comply with the construction code.
Mr. Anderson confirmed that the foundation would have to comply with building code.
Mr. Smith observed that many cargo containers already located throughout the County do
not appear to have permanent concrete foundations. He asked why the ordinance would
impose a stricter standard in residential areas than in commercial areas, where many
containers are found.
Mr. Anderson explained that certain businesses, such as Walmart, may obtain temporary
administrative permits allowing a cargo container on site for up to one year. He added that
residents may temporarily use PODS, which the Board added to the code after Hurricane
Isabel.
Mr. Smith asked why Section (h), allowing discretion by the Board of Supervisors, was
added.
Mr. Anderson explained that it was added to give the Board flexibility to approve a larger
cargo-container shed on a smaller parcel if circumstances justified it. He noted that this
flexibility is typical of the Special Use Permit process, which often involves negotiation
over conditions and approvals. As an example, he referenced a property owner with a twoacre lot surrounded by National Park Service land. He stated that the Board values the
ability to negotiate, when appropriate, to achieve a better outcome for the applicant and
neighboring property owners.

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Mr. Borelli stated that he had personally used cargo containers on property he owned in
Maine and Texas. He observed that, in Texas, public opinion on the structures is divided:
some consider them unsightly, while others have incorporated them into attractive and
functional designs. He emphasized that the Special Use Permit requirement is a meaningful
safeguard because it helps mitigate potential impacts on neighboring properties. He also
noted that the County would inspect an approved Special Use Permit annually, providing
continued protection against poorly maintained or unsightly containers. He agreed that he
would not want a cargo-container shed on a half-acre lot but stated that the ordinance’s
additional language addressed that concern. While he acknowledged that the discussion
concerned a small number of current requests, he argued that even a single resident’s
request deserves fair consideration. He believed the resident, who raised the issue had
presented a reasonable need and that the Board did not find the request unwarranted. If the
use later becomes widespread or generates significant concerns, the Planning Commission
and Board could revisit the ordinance. He stated that he would support the ordinance as
written. He then asked how an owner would satisfy the requirements if a container were
modified, for example, cut in half or fitted with a window or door.
Mr. Anderson explained that any structural modification to a container would require a
licensed engineer to review and design the alteration to ensure the structure remained
sound. This is consistent with common permitting practice, under which modified or
occupied containers may require structural review and inspections.
Mr. Borelli stated these requirements are not insignificant.
Mr. Smith agreed with Mr. Wassmer and questioned whether it was appropriate to regulate
an issue that, in his view, did not currently require regulation. He suggested that the County
could address the matter in the future if it became more common.
Mr. Brooks stated that he had received numerous phone calls and engaged in several
discussions about the proposal. He said residents generally do not want cargo containers in
their neighborhoods. They expressed concern that Special Use Permits can lead to rule
violations, create additional enforcement work for staff, and provide no assurance that the
containers will be properly maintained. Residents also worried that containers may look
acceptable for a few years but deteriorate over time. In addition, some residents expressed
concern that homeowners associations would need to amend their covenants to
accommodate the ordinance, a change many residents and associations would not support.
He understood that residents owning a larger parcel represent approximately one-third of
the County, while the remaining two-thirds own parcels between 10,000 square feet and
one acre. He acknowledged the Board’s dilemma but stated that he did not believe most
County residents would support the proposed allowance.
Mr. Titus confirmed that the Special Use Permit would run with the land.
Mr. Anderson confirmed that they do.
Mr. Brooks confirmed that approved Special Use Permits are inspected annually.

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Mr. Anderson confirmed that they are inspected annually.
Mr. Borelli asked whether the Board would be more comfortable with language requiring
exterior cladding or a roof.
Mr. Brooks responded that such requirements would be costly, particularly when
combined with the required foundation, roof, and landscaping.
Mr. Borelli noted that cargo containers are generally inexpensive and are often in good
condition.
Sean McNash discussed code provisions governing containers in commercial areas. He
explained that containers are permitted in the General Business district only as an accessory
use to a primary use and require extensive screening and landscaping; however, a
foundation is not required. Local zoning ordinances commonly regulate container
placement, screening, and setbacks.
The Planning Commissioners had no further comments.
***
NEW BUSINESS
There was no new business.
STAFF REPORTS
Mr. Anderson presented the Development Activity Report provided to the Planning Commission.
He introduced Corian Carney as the new Deputy Director of Planning and Development Services
and congratulated Madison Scalf on receiving her Certified Zoning Official certification.
COMMITTEE REPORTS
Mr. Smith stated the bylaws review has been completed, and recommended amendments have
been distributed to all members. He said the review involved two commissioners, several staff
members, and legal counsel, with most proposed changes addressing outdated language, titles, and
other routine updates rather than substantive revisions. Members were encouraged to review the
amendments independently and submit any comments in writing or by email to himself, Mr.
Borrelli, and Mr. McNash, the staff lead. He concluded the county’s broader review of bylaw
formatting may delay the process, and members will receive updates as more information becomes
available.
COMMISSION REPORTS AND REQUESTS
There were no Commission reports or requests.

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York County Planning Commission Minutes
October 14, 2026
Page 63
ADJOURN
There being no further business to discuss, the meeting was adjourned at 9:05 PM.
SUBMITTED:

____________________
Catherine G. Tartabini
Planning Commission Secretary

APPROVED:

____________________
Gregory “Skip” Brooks, Chair

DATE:

____________________

Page 64 of 105

COUNTY OF YORK
MEMORANDUM

DATE:

November 3, 2026 (PC Mtg. November 12, 2026)

TO:

York County Planning Commission

FROM:

Sean McNash, AICP, Senior Planner

SUBJECT: Application No. ZT-224-26, York County Planning Commission, Cannabis
ISSUE
This application contains amendments to various sections of the York County Zoning
Ordinance to add cannabis-related land uses. During the 2026 sessions, the Virginia
General Assembly approved revisions to the state code that would establish a legal retail
cannabis marketplace. Although recreational cannabis sales do not become legal until July
1, 2027, the Cannabis Control Authority (CCA) of Virginia will begin accepting retail
cannabis license applications on February 1, 2027, and will issue up to 350 retail cannabis
licenses and five Tier V marijuana cultivation licenses. Each license will be issued for a
specific location within the Commonwealth, and localities will have no control over how
many, or what types of licenses, will be issued in their communities. Localities are
authorized to control zoning aspects of the marijuana industry once licenses have been
approved by the CCA for a specific location. However, the locality may not be able to
regulate the time, place, or manner of its operations unless existing regulations are already
in place within the locality’s ordinances.
Therefore, if York County desires to regulate the various uses permitted under the 2026
state code changes for legalized retail cannabis, the County must amend its Zoning
Ordinance prior to February 1, 2027. Such amendment requires revisions to a number of
sections within the Zoning Ordinance to incorporate the uses created by the Code of
Virginia, to allow these uses in specific zoning districts and establish performance
standards where permissible by state code. The proposed amendments are discussed in the
following summary and included in the attached proposed resolution.
SUMMARY OF PROPOSED TEXT AMENDMENTS
Sec. 24.1-104. – Definitions.
Definitions are established for “marijuana”, “cannabis dispensing facility”, “dual-use
facility, marijuana”, “marijuana cultivation facility”, “tier I, II, III, IV, and V marijuana
cultivation facility”, “marijuana processing facility”, “marijuana testing facility”,
“marijuana transporter”, “microbusiness, marijuana”, “pharmaceutical processor,
marijuana”, and “retail marijuana store”, all of which are proposed to be regulated
specifically as cannabis uses. Since these uses are not currently listed as permitted uses in
any other manner in the County’s Zoning Ordinance, it is necessary to include their
definitions since subsequent sections will specify how they will be permitted, establish
performance standards, and detail parking requirements for the uses. The proposed
definitions are consistent with those being enacted at the state level.

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York County Planning Commission
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Page 2
Sec. 24.1-301. – Interpretation of table of uses.
“Category 18 (Cannabis Uses)” is proposed to be created within this section of the Zoning
Ordinance. This category will contain all cannabis uses to be regulated by the Zoning
Ordinance and subsequent sections, including the table of uses and performance standards.
This was chosen as the most appropriate approach since the cannabis uses vary in type
from cultivation (agriculture) to processing (industrial) to sales (retail) and this allows the
uses to be regulated similarly by impact in subsequent sections.
Sec. 24.1-306. Table of land uses.
“Marijuana cultivation facilities” are proposed to be permitted by Special Use Permit
(SUP) in the Resource Conservation (RC), Rural Residential (RR), Limited Industrial (IL),
and General Industrial (IG) zoning districts. “Marijuana processing facilities”, “marijuana
testing facilities”, and “marijuana transporters” are proposed to be permitted by SUP in the
Economic Opportunity (EO), Limited Industrial (IL), and General Industrial (IG) zoning
districts. “Pharmaceutical processors (marijuana)”, “cannabis dispensing facilities”, and
“retail marijuana stores” are proposed to be permitted by SUP in the Limited Business
(LB), General Business (GB), and Economic Opportunity (EO) zoning districts.
Furthermore, “(non-cannabis)” is proposed to be added to “manufacture, compounding,
processing, packaging of cosmetics, toiletries, pharmaceuticals” (Category 16, Use 3) to
clarify that this use is not inclusive of “pharmaceutical processors (marijuana)”. Permitting
all cannabis uses by SUP in the aforementioned districts will allow the Board to determine
the appropriateness of each proposed location on a case-by-case basis and include
necessary conditions with an application they may choose to approve to mitigate the use’s
impacts on the adjacent properties and surrounding area.
Division 18. – Cannabis Uses (Category 18).
Sec. 24.1-499.1 – Standards for all cannabis uses.
Multiple performance standards have been proposed to apply to all cannabis uses. These
standards include prohibition on operating from a private residence, a distance requirement
from various uses, security plan, limitations on the timing of deliveries, lighting
requirements, and odor standards. Furthermore, prior to issuance of a Business License,
the cannabis use will need to provide their license from the Virginia CCA.
Finally, a distance requirement from various uses is also proposed. Subsection B requires
these uses to be located at least 1,000 feet from any hospital; public, private, or parochial
school or institution of higher education; or child day program, reflecting a state code
requirement. If desired, the Planning Commission can recommend a smaller distance
requirement, but, in accordance with state code, cannot require a distance greater than
1,000 feet. Similarly, Subsection C contains similar text requiring the uses to be located at
a distance from each other. However, the CCA has not yet established this requirement
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York County Planning Commission
November 3, 2026
Page 3
and, therefore, the proposed language stands as a placeholder should this be established
during the text amendment review process. If determined by the CCA, a locality would be
able to establish a smaller distance than that required by the CCA but could not require a
greater distance.
The proposed standards are intended to ensure that the Board has all the relevant
information to review an SUP application for these uses and, should one be approved, any
impact common to the use be mitigated by performance standards.
Sec. 24.1-499.2 – Standards for marijuana cultivation and processing facilities.
Multiple performance standards have been proposed to apply to all marijuana cultivation
and processing facilities. These standards include connection to public water, water
conservation methods, and noise standards. Furthermore, multiple studies or reports would
be required for these uses, including a public water usage report, electric utility report, and
sound study. The proposed standards are intended to ensure that the Board has all the
relevant information to review an SUP application for these facilities and, should a facility
be approved, any impact common to the use be mitigated by performance standards. These
standards would apply in addition to the standards for all cannabis uses proposed in Section
24.1-499.1.
Sec. 24.1-499.3 – Standards for pharmaceutical processors (marijuana),
cannabis dispensing facilities, and retail marijuana stores.
One performance standard has been proposed to apply to these uses establishing hours of
operation to be limited to 10 AM to 9 PM daily. This was proposed in consultation with
the York-Poquoson Sheriff’s Office based upon the hours of operation established for
Virginia Alcohol Beverage Control (ABC) stores. This standard would apply in addition
to the standards for all cannabis uses proposed in Section 24.1-499.1.
Sec. 24.1-606. – Minimum off-street parking and loading requirements.
“Marijuana cultivation facilities” and “marijuana processing facilities” are proposed to
have one and a quarter (1.25) parking spaces per every on-site employee during peak shift
along with one (1) loading space per loading bay or dock plus one (1) additional loading
space. “Marijuana testing facilities” are proposed to have one (1) parking space per every
five hundred (500) square feet of laboratory area as well as one (1) loading space.
“Marijuana transporters” are proposed to have one (1) parking space per every employee
during peak shift, plus one (1) parking space per company vehicle along with one (1)
loading space per loading bay or dock plus one (1) additional loading space. “Marijuana
pharmaceutical processors”, “cannabis dispensing facilities”, and “retail marijuana stores”
are proposed to have one (1) parking space per two hundred fifty (250) square feet of gross
floor area open to patients or customers, plus one (1) parking space per five hundred (500)

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York County Planning Commission
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Page 4
square feet of cultivation or processing area, plus one (1) parking space per employee as
well as one (1) loading space. These standards were proposed based upon similar uses to
the respective cannabis use throughout Section 24.1-606 of the Zoning Ordinance. Since
these uses are most likely to occur indoors or under a canopy (limiting the footprint of the
use), staff attempted to balance the need for parking with the ratio of required parking for
each use.
RECOMMENDATION
The proposed amendments to the Zoning Ordinance would establish definitions for
cannabis uses, identify what zoning district a Special Use Permit would be required for
each use, create performance standards for all cannabis uses, and implement parking and
loading standards for each use. Since the cannabis uses vary in scale, intensity, and nature,
in some cases the uses are regulated separately (such as in the Table of Uses), while in
other circumstances, they are regulated based upon similar impacts (such as the
performance standards and parking requirements). The proposed amendments establish
time, place, and manner regulations for cannabis uses which will be permitted under state
code in 2027, allowing the County to regulate these uses prior to the CCA issuing licenses
for the uses. Therefore, staff recommend the Planning Commission forward these proposed
amendments to the Board with a recommendation of approval through adopting proposed
Resolution No. PC26-22.
McNash/3551
Attachment:
• Proposed Resolution No. PC26-22

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PC26-22
Page 1
PLANNING COMMISSION
COUNTY OF YORK
YORKTOWN, VIRGINIA
Resolution
At a regular meeting of the York County Planning Commission held in the Board Room,
York Hall, Yorktown, Virginia, on the ____ day of _____, 2026:
_______________________________________________________________________
Present

Vote

Gregory “Skip” Brooks, Chair
Joseph P. Smith, Vice Chair
Thomas W. Chamberlain
Glen D. Titus
Johnathan Butler
Nicholas Borelli
Jeffrey D. Wassmer
_______________________________________________________________________
On motion of ________, which carried ___, the following resolution was adopted:
A RESOLUTION TO RECOMMEND APPROVAL OF AMENDMENTS
TO VARIOUS SECTIONS OF CHAPTER 24.1, ZONING, YORK COUNTY
CODE
WHEREAS, it has come to the attention of the Planning Commission that there
exists an interest in utilizing York County as a location for large numbers of cannabis uses;
WHEREAS, the Commission is concerned about the impact to the public that large
numbers of cannabis uses will have on the County; and
WHEREAS, an application to amend various sections of the York County Zoning
Ordinance (Chapter 24.1) is necessary to incorporate changes to address these uses; and
WHEREAS, the proposed amendments have been forwarded to the York County
Planning Commission in accordance with applicable procedure; and
WHEREAS, the Planning Commission has conducted a duly advertised public
hearing on the proposed amendments; and
WHEREAS, the Planning Commission is of the opinion that York County’s zoning
ordinance should be updated to adequately address such impact; and
WHEREAS, the Commission is further of the opinion that the public necessity,
general welfare, and good zoning practice warrant the consideration of amendments to the

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PC26-22
Page 2
Zoning Ordinance.
NOW, THEREFORE BE IT RESOLVED by the York County Planning
Commission this the ____ day of ______, 2026, that it does hereby forward Application
No. ZT-224-26 to the York County Board of Supervisors with a recommendation for
approval to amend various sections of Chapter 24.1, Zoning, York County Code, to read
and provide as follows:
CHAPTER 24.1, ZONING
Article I. – In General
Sec. 24.1-104. – Definitions.
***
Cannabis dispensing facility. A dual-use facility that (i) has obtained a permit from the
Board of Directors of the Virginia Cannabis Control Authority (BDVCCA) pursuant to
Virginia Code Section 4.1-1602; (ii) is owned, at least in part, by a pharmaceutical
processor; (iii) dispenses cannabis products produced by a pharmaceutical processor to a
patient, his registered agent, or, if such patient is a minor or a vulnerable adult as defined
in Virginia Code Section 18.2-369, such patient's parent or legal guardian; and (iv) has
been verified by BDVCCA pursuant to Virginia Code Section 4.1-1602.1 to hold and
exercise all privileges to operate as a retail marijuana store pursuant to Virginia Code
Section 4.1-802 on the premises of the cannabis dispensing facility.
Dual-use facility, marijuana. A pharmaceutical processor or cannabis dispensing
facilities that has been authorized by the Board of Directors of the Virginia Cannabis
Control Authority to exercise dual-use privileges in accordance with Virginia Code Section
4.1-1602.1 of the Code of Virginia.
Marijuana. Any part of a plant of the genus Cannabis, whether growing or not, its seeds
or resin; and every compound, manufacture, salt, derivative, mixture, or preparation of
such plant, its seeds, its resin, or any extract containing one or more cannabinoids.
“Marijuana” does not include (i) the mature stalks of such plant, fiber produced from such
stalk, or oil or cake made from the seed of such plant, unless such stalks, fiber, oil, or cake
is combined with other parts of plants of the genus Cannabis; (ii) industrial hemp that is
possessed by a person registered pursuant to subsection A of Virginia Code Section 3.24115 or his agent; (iii) industrial hemp that is possessed by a person who holds a hemp
producer license issued by the U.S. Department of Agriculture pursuant to 7 C.F.R. Part
990; (iv) a hemp product; (v) an industrial hemp extract; or (vi) any substance containing
a tetrahydrocannabinol isomer, ester, ether, salt, or salts of such isomer, ester, or ether that
has been placed by the Virginia Board of Pharmacy into one of the schedules set forth in
the Drug Control Act (Virginia Code Section 54.1-3400 et seq.) pursuant to Virginia Code
Section 54.1-3443.

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PC26-22
Page 3
Marijuana cultivation facility. A facility licensed by the Board of Directors of the
Virginia Cannabis Control Authority to cultivate, label, and package marijuana; to
purchase or take possession of marijuana plants and seeds from other marijuana cultivation
facilities; to transfer possession of and sell marijuana, immature marijuana plants, and
marijuana seeds to retail marijuana stores; to transfer possession of marijuana, immature
marijuana plants, and marijuana seeds to marijuana transporters; to transfer possession of
and sell marijuana, marijuana plants, and marijuana seeds to other marijuana cultivation
facilities; to transfer possession of and sell marijuana to marijuana processing facilities;
and to transport marijuana, immature marijuana plants, and marijuana seeds from the
marijuana cultivation facility's licensed premises to another licensed marijuana
establishment.
• Tier I marijuana cultivation facility. A marijuana cultivation facility that
cultivates marijuana indoors or outdoors with a canopy that does not exceed five
thousand (5,000) square feet.
• Tier II marijuana cultivation facility. A marijuana cultivation facility that
cultivates marijuana indoors or outdoors with a canopy that does not exceed ten
thousand (10,000) square feet.
• Tier III marijuana cultivation facility. A marijuana cultivation facility that
cultivates marijuana indoors with a canopy that does not exceed fifteen thousand
(15,000) square feet.
• Tier IV marijuana cultivation facility. A marijuana cultivation facility that
cultivates marijuana indoors with a canopy that does not exceed twenty-five
thousand (25,000) square feet.
• Tier V marijuana cultivation facility. A marijuana cultivation facility that
cultivates marijuana indoors with a canopy that does not exceed thirty-five
thousand (35,000) square feet.
Marijuana processing facility. A facility licensed by the Board of Directors of the
Virginia Cannabis Control Authority to process, label, and package marijuana and
marijuana products; to purchase or take possession of marijuana from a marijuana
cultivation facility or another marijuana processing facility; to transfer possession of and
sell marijuana and marijuana products to retail marijuana stores or other marijuana
processing facilities; to transfer possession of marijuana and marijuana products to
marijuana transporters; and to transport marijuana and marijuana products from the
marijuana processing facility's licensed premises to another licensed marijuana
establishment.
Marijuana testing facility. A facility licensed by the Board of Directors of the Virginia
Cannabis Control Authority to develop, research, transport, or test marijuana, marijuana
products, or other substances.
Marijuana transporter. A facility licensed by the Board of Directors of the Virginia

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PC26-22
Page 4
Cannabis Control Authority to take possession of marijuana, marijuana products, immature
marijuana plants, and marijuana seeds from a marijuana cultivation facility, a marijuana
processing facility, a retail marijuana store, a microbusiness, or another marijuana
transporter; to transfer possession of marijuana, marijuana products, immature marijuana
plants, and marijuana seeds to a marijuana cultivation facility, marijuana processing
facility, retail marijuana store, microbusiness, or another marijuana transporter; and to
transport marijuana, marijuana products, immature marijuana plants, and marijuana seeds
from one licensed establishment to another.
Microbusiness, marijuana. A facility licensed by the Board of Directors of the Virginia
Cannabis Control Authority (BDVCCA) to conduct any activities authorized for marijuana
cultivation facilities, marijuana processing facilities, and retail marijuana stores, as
determined by BDVCCA.
Pharmaceutical processor, marijuana. A dual-use facility that (i) has obtained a permit
from the Board of Directors of the Virginia Cannabis Control Authority pursuant to
Virginia Code Section 4.1-1602; (ii) cultivates Cannabis plants intended for the production
of cannabis oil, botanical cannabis, and usable cannabis, produces cannabis products, and
dispenses cannabis products to a patient pursuant to a written certification, his registered
agent, or, if such patient is a minor or a vulnerable adult as defined in Virginia Code Section
18.2-369, such patient's parent or legal guardian; and (iii) has been verified by BDVCCA
pursuant to Virginia Code Section 4.1-1602.1 to hold and exercise all privileges to operate
as a marijuana cultivation facility pursuant to Virginia Code Section 4.1-800, marijuana
processing facility pursuant to Virginia Code Section 4.1-801, and retail marijuana store
pursuant to Virginia Code Section 4.1-802.
Retail marijuana store. A facility licensed by the Board of Directors of the Virginia
Cannabis Control Authority to purchase or take possession of marijuana, marijuana
products, immature marijuana plants, or marijuana seeds from a marijuana cultivation
facility or marijuana processing facility; to take possession of marijuana, marijuana
products, immature marijuana plants, or marijuana seeds from a marijuana transporter; to
sell marijuana, marijuana products, marijuana paraphernalia, immature marijuana plants,
or marijuana seeds to consumers on premises approved by BDVCCA; to deliver marijuana,
marijuana products, marijuana paraphernalia, immature marijuana plants, or marijuana
seeds only in person to consumers; to transfer possession of marijuana, marijuana products,
marijuana paraphernalia, immature marijuana plants, or marijuana seeds to marijuana
delivery operators; and to transport marijuana, marijuana products, marijuana
paraphernalia, immature marijuana plants, and marijuana seeds from the retail marijuana
store's licensed premises to another retail marijuana store.
***

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PC26-22
Page 5
Article III. – Districts.
Division I. – In General.
Sec. 24.1-301. – Interpretation of table of uses.
***
(b) Categorization system. Uses listed in the table in section 24.1-306 are organized
according to the categories set forth below:
CATEGORY
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18

USE
Residential Uses
Agriculture, Animal Keeping and Related Uses
(RESERVED)
Community Uses
Educational Uses
Institutional Uses
Public and Semipublic Uses
Temporary Uses
Recreation and Amusement Uses
Commercial and Retail Uses
Business and Professional Service Uses
Motor Vehicle and Transportation Related Uses
Shopping Centers and Business Parks
Wholesaling and Warehousing
Limited Industrial Uses
General Industrial Uses
Utilities and Related Uses
Cannabis Uses
***

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PC26-22
Page 6
Sec. 24.1-306. – Table of land uses.
P=PERMITTED USE
S=PERMITTED BY
SPECIAL USE
PERMIT USES
USES
3. Manufacture,
Compounding,
Processing, Packaging
of Cosmetics,
Toiletries,
Pharmaceuticals (NonCannabis)

RESIDENTIAL DISTRICTS

COMMERCIAL AND
INDUSTRIAL DISTRICTS
RC RR R33 R20 R13 R7 RMF NB LB GB WCI EO IL IG
R3
CATEGORY 16—GENERAL INDUSTRIAL

P=PERMITTED USE
S=PERMITTED BY
SPECIAL USE
PERMIT USES
USES
1. Marijuana cultivation
facility
2. Marijuana processing
facility
3. Marijuana testing
facility
4. Marijuana
transporter
5. Pharmaceutical
processor (marijuana)
6. Cannabis dispensing
facility
7. Retail marijuana
store

RESIDENTIAL DISTRICTS

S

P

P

COMMERCIAL AND
INDUSTRIAL DISTRICTS
RC RR R33 R20 R13 R7 RMF NB LB GB WCI EO IL IG
R3
CATEGORY 18—CANNABIS USES
S

S

S

S

S

S

S

S

S

S

S

S

S

S

S

S

S

S

S

S

S

S

***

Page 74 of 105

PC26-22
Page 7
Article IV. – Performance Standards for Uses.
Division 18. – Cannabis Uses (Category 18).
Sec. 24.1-499.1 – Standards for all cannabis uses.
(a) No marijuana business shall be permitted to operate from a private dwelling or
residence.
(b) No marijuana business shall be located within 1,000 feet of any hospital; public,
private, or parochial school or institution of higher education; or child day program.
This distance shall be measured in a straight line, without regard to intervening
structures or objects, from the nearest portion of the building or structure used as a
part of the premises where a marijuana business is conducted to the nearest property
line of the other specified use.
(c) No marijuana business shall be located within (insert number here in feet) of any
other marijuana business. This distance shall be measured in a straight line, without
regard to intervening structures or objects, from the nearest portion of the building
or structure used as a part of the premises where a marijuana business is conducted
to the nearest portion of the building or structure used as a part of the premises where
the other marijuana business is conducted.
(d) A security plan detailing the safety measures to be provided with the proposed use.
(e) For indoor uses, ventilation systems or other measures shall be utilized which
prevent odors from being produced beyond property line boundaries. Compliance
with this standard shall be certified by a professional engineer or architect.
(f) Deliveries to such uses located adjacent to residential areas shall not occur after
11:00 p.m. or before 6:00 a.m.
(g) Site lighting shall be provided by fixtures which are compatible in style and
illumination levels with the architecture of the principal building on the site and are
not greater than twenty-five feet (25') in height.
(h) A license for the applicable type of marijuana establishment issued by the Board of
Directors of the Virginia Cannabis Control Authority shall be submitted to the
Zoning Administrator prior to issuance of a Business License.
***
Sec. 24.1-499.2 – Standards for marijuana cultivation and processing facilities.
(a) All facilities shall be connected to a public water system. The use of wells as a water
supply is prohibited.
(b) A letter from the public water purveyor indicating sufficient capacity to serve the
facility shall be submitted to the Department of Planning and Development Services
as part of the application for Special Use Permit. The letter shall specify the amount
of water the facility will use at full operating capacity.

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PC26-22
Page 8
(c) The facility shall employ water conservation methods (e.g. rainwater harvesting and
water recycling systems). All proposed methods of conservation must be approved
by the County, and any necessary conservation improvements shall be shown on the
site plan prior to approval.
(d) A letter from the electric utility purveyor indicating sufficient capacity to serve the
proposed facility shall be submitted to the Department of Planning and
Development Services as part of the application for Special Use Permit. The letter
shall specify:
(1) The energy source; and
(2) The amount of energy and voltage level the facility will use.
(e) The facility shall submit a letter from the electric utility and public water purveyor
every five (5) years, confirming the facility is using the same amount of electricity
and water as was approved.
(1) The Board, after conducting a duly advertised public hearing, may authorize a
facility to expand its usage of electricity and water. In the event the Board
approves an expansion, it may require additional conditions of approval. The
cost of advertising and conducting public hearings to consider expansions shall
be borne by the applicant.
(f) Facilities shall adhere to the following noise standards:
(1) A sound study evaluating existing ambient noise prior to project development
and modelling predicted noise generation after development, shall be to the
Department of Planning and Development Services as part of the application for
Special Use Permit. The noise study shall include but shall not be limited to
generators and ancillary equipment. The study submitted must include
measurement of ambient noise taken between the hours of 11:00 p.m. and 5:00
a.m. from a minimum of four (4) corners of the property or in locations as
determined by the Zoning Administrator.
a. After the commencement of operation of a facility, the Zoning Administrator
may require additional sound studies to be conducted on the premises of the
facility, in the manner directed by the Zoning Administrator and at the
expense of the owner or lessee, to verify continuing compliance with the
noise ordinance and this subsection.
(2) Facilities and associated ancillary equipment shall not produce any sound that
exceeds the existing ambient noise captured in the sound study or fifty-five Aweighted decibels (55 dBA) and sixty-five C-weighted decibels (65 dBC),
whichever is greater, when measured from the boundary of the property on
which it operates.
(3) All mechanical equipment shall be in good condition and operated and
maintained in accordance with the manufacturer's recommendations and with a
fully operational muffler or other noise attenuating device if said device is
standard on such machinery or equipment or was required in the sound study to
meet the decibel requirements above.
(4) Facilities shall only be permitted to engage in on-site generator testing one

Page 76 of 105

PC26-22
Page 9
generator at a time on Monday through Friday from the hours of 5:00 p.m. to
8:00 p.m.
(5) Except for generator testing or commissioning activities, generator use is limited
to backup/emergency use only.
***
Sec. 24.1-499.3 – Standards for pharmaceutical processors (marijuana), cannabis
dispensing facilities, and retail marijuana stores.
(a) Service to the public or any outside activity shall not begin before 10:00 a.m. and
shall not extend after 9:00 p.m.
***
Article VI. – Off-Street Parking and Loading
Sec. 24.1-606. – Minimum off-street parking and loading requirements.
***
(p) Category 18—Cannabis Uses.
For dual or multiple uses, the highest parking standard shall apply.
USE
(1) Marijuana cultivation
facility, marijuana
processing facility
(2) Marijuana testing
facility
(3) Marijuana transporter
(4) Marijuana
pharmaceutical processor,
cannabis dispensing facility,
retail marijuana store

OFF-STREET
PARKING SPACES
One and a quarter (1.25) spaces
per on-site employee during peak
shift.
One (1) space per 500 square feet
of laboratory area.
One (1) space per employee on
peak shift; plus one (1) space per
company vehicle.
One (1) space per 250 square feet
of gross floor area open to
patients/customers; plus
one (1) space per 500 square feet
of cultivation/processing area and
one (1) space per employee.

OFF-STREET
LOADING SPACES
One (1) space; plus
One (1) space per
loading bay or dock
One (1) space
One (1) space; plus
One (1) space per
loading bay or dock
One (1) space

***

Page 77 of 105

COUNTY OF YORK
MEMORANDUM

DATE:

October 28, 2026 (PC Mtg. November 12, 2026)

TO:

York County Planning Commission

FROM:

Sean McNash, AICP, Senior Planner

SUBJECT: Application No. ZT-225-26, York County Planning Commission,
Housekeeping Amendments 2026 (Phase 2)
ISSUE
The Planning Division is presenting the second phase to our housekeeping text
amendments to the Planning Commission for consideration. These amendments include
revisions to the York County Zoning Ordinance (Chapter 24.1) intended to update land use
regulations, reflect changes to the Code of Virginia, and streamline regulatory standards
for more efficient administration. The proposed revisions are detailed in the summary
below.
SUMMARY OF PROPOSED TEXT AMENDMENTS
Due to the nature and extent of the proposed amendments, staff has organized the
amendments by themes, listing the common topic(s) for each theme, stating the general
intent of the proposed amendments, and identifying the code section(s) impacted. For
specific details on the proposed revisions to the definitions, tables of land uses,
performance standards, and other sections detailed below, see proposed Resolution No.
PC26-23, which is attached.
Movable Storage Box Extended Timeframe
Intent of Text Amendment
Clarifies that approval for temporary placement of portable storage units (movable storage
boxes) may be extended pursuant to the circumstances detailed in Section 24.1-271 when
used in conjunction with construction or renovation activities for a primary residence. Also,
reflects revisions from ZT-221-26 (not yet reviewed by the Board).
Zoning Ordinance Code Sections
• Section 24.1-271. – Accessory uses permitted in conjunction with residential uses

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York County Planning Commission
October 28, 2026
Page 2
Establish Temporary Wireless Communication Facilities as a Use
Intent of Text Amendment
Create a definition for “temporary wireless support structure”, includes this use in the table
of land uses, and establishes performance standards for the use to comply with state code
changes in 2026. Also, reflects revisions from ZT-222-26 (not yet reviewed by the Board).
Zoning Ordinance Code Sections
• Section 24.1-104. – Definitions
• Section 24.1-306. – Table of land uses
• Section 24.1-453.1 – Standards for temporary wireless support structures
Reduce Accessory Use Side Yard Setback and Distance Requirements
Intent of Text Amendment
Revises the regulations for accessory uses in the following manners:
• Permits accessory buildings to observe a side yard setback of five (5) feet when the
accessory building is no closer to the front lot line than the front façade of the
principal building (see Figure II-7.1 included in Section 24.1-273).
• Reduces the required distance between accessory buildings or structures and
principal buildings as follows:
o Reduces the required distance to five (5) feet when the accessory building or
structure is equal to or less than the height of the principal building.
o Reduces the required distance to ten (10) feet when the accessory building or
structure is greater than the height of the principal building.
• Relocates Figure II-7.1 from Appendix A of the Zoning Ordinance to Section 24.1273 to coincide with the applicable referenced section.
• Reorganizes the accessory building and structure setback requirements into separate
subsections for front, side, and rear yard setbacks.
• Reflects revisions from ZT-222-26 (not yet reviewed by the Board).
Zoning Ordinance Code Sections
• Section 24.1-273. – Location, height, and size requirements
• Appendix A, Figures II-7.1 and 7.2

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York County Planning Commission
October 28, 2026
Page 3
Other Miscellaneous Zoning Revisions
Intent of Text Amendment
Other miscellaneous zoning revisions include:
• Clarifies and reorganizes the requirements for the information to be listed on site
plans.
• Corrects inaccurate and revises outdated references within the Zoning Ordinance.
• Adds titles for the landscaping tables provided in Appendix A of the Zoning
Ordinance to correspond with references in Section 24.1-242(g)(1).
• Corrects the measurement for deciduous trees from “height” to “caliper” at planting.
• Removes duplicate landscaping from the “Evergreen Shrubs” landscaping table in
Appendix A of the Zoning Ordinance.
Zoning Ordinance Code Sections
• Section 24.1-242. – Landscaping standards
• Section 24.1-379. – Commercial corridor revitalization overlay district
• Section 24.1-440. – Standards for temporary sales of seasonal commodities
• Section 24.1-483. – Standards for all wholesaling and warehouse uses
• Section 24.1-485. – Standards for all limited industrial uses
• Section 24.1-489. – Standards for all general industrial uses
• Section 24.1-502. – Information required on site plans
• Appendix A, Tables II-1 through II-7
RECOMMENDATION
The Zoning Ordinance must be living documents, revised as necessary to remain relevant
to York County’s current and changing conditions. Housekeeping amendments occur on a
regular basis to maintain current codes by updating land use regulations, reflecting changes
to the Code of Virginia, and streamlining regulatory standards for more efficient
administration. Staff recommend the Planning Commission forward these proposed
amendments to the Board of Supervisors with a recommendation of approval by adopting
proposed Resolution No. PC26-23.
McNash/3551
Attachment:
• Proposed Resolution No. PC26-23

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PC26-23
Page 1
PLANNING COMMISSION
COUNTY OF YORK
YORKTOWN, VIRGINIA
Resolution
At a regular meeting of the York County Planning Commission held in the Board Room,
York Hall, Yorktown, Virginia, on the ____ day of _____, 2026:
_______________________________________________________________________
Present

Vote

Gregory “Skip” Brooks, Chair
Joseph P. Smith, Vice Chair
Thomas W. Chamberlain
Glen D. Titus
Johnathan Butler
Nicholas Borelli
Jeffrey D. Wassmer
_______________________________________________________________________
On motion of ________, which carried ___, the following resolution was adopted:
A RESOLUTION TO RECOMMEND APPROVAL OF AMENDMENTS
TO VARIOUS SECTIONS OF CHAPTER 24.1, ZONING, YORK COUNTY
CODE
WHEREAS, it has come to the attention of the Board of Supervisors and the
Planning Commission that an application to amend various sections of the York County
Zoning Ordinance (Chapter 24.1) is necessary to incorporate changes to the Code of
Viginia adopted in the 2026 General Assembly session and to also incorporate various
other corrections, clarifications and revisions; and
WHEREAS, the proposed amendments have been forwarded to the York County
Planning Commission in accordance with applicable procedure; and
WHEREAS, the Planning Commission has conducted a duly advertised public
hearing on the proposed amendments; and
WHEREAS, the Commission has carefully considered the public comments with
respect to these amendments;
NOW, THEREFORE BE IT RESOLVED by the York County Planning
Commission this the ____ day of ______, 2026, that it does hereby forward Application
No. ZT-225-26 to the York County Board of Supervisors with a recommendation for
approval to amend various sections of Chapter 24.1, Zoning, York County Code, to read
and provide as follows:

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Page 2
CHAPTER 24.1, ZONING
Article I. – In General
Sec. 24.1-104. – Definitions.
***
Temporary wireless support structure. A monopole or portable wireless
communications facility used to provide wireless voice, data, or image transmission within
a designated area. A temporary support structure does not have a permanent location on
the ground, including the pouring of a concrete footing or the laying of a permanent
foundation.
***
Article II. – General Regulations.
Division 4. – Landscaping, Buffer, and Greenbelt Regulations.
Sec. 24.1-242. – Landscaping standards.
***
(g) Species standards.
(1) All required landscape plant material proposed to be installed on the site shall
be selected from the appropriate listing of recommended plant material
contained in tables II-1 through II-7 in Appendix A and shall be of the minimum
sizes noted. Alternative species not listed in Appendix A may be used, upon
certification by a professional listed in section 24.1-242 241 (a) (2) that said
species have a rated hardiness and growth habit appropriate for the intended
location. Particular attention shall be given to selecting trees and shrubs based
on the area in which they will be installed (e.g., landscaped yards, parking areas,
adjacent to buildings, etc.) and the lists contained in Appendix A will assist in
the selection and review of a landscaping design.
***
Division 7. – Accessory Uses.
Sec. 24.1-271. – Accessory uses permitted in conjunction with residential uses.
***
(c) Carports, garages, utility sheds, containerized cargo sheds, and similar storage
facilities customarily associated with residential living. The use of containerized
cargo units is prohibited. Movable storage boxes, also known as portable on-

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Page 3
demand storage units, may be placed temporarily on a residential property for
loading or unloading with the issuance of an administrative permit. Such units
shall not be placed in a front yard area, except on a driveway and at least twenty
(20) feet from the front property line. When placed in a side or rear yard, the
boxes shall be located at least five (5) feet from any property line. For the
purposes of this section, temporary placement shall mean no more than thirty
(30) consecutive days at a time, and with at least one (1) year between successive
placements. Not more than one (1) unit shall be placed on a residential property
at a time and if multiple units are used for sequential loading or unloading, the
thirty (30) day limit shall apply to all cumulatively. For good cause shown and
to recognize extenuating circumstances where a movable storage box is being
utilized during construction or renovation of the primary residence of the
property upon which the portable unit has been placed, the Zoning Administrator
may extend the authorization for as much as an additional 12-month period or
until a Certificate of Occupancy is issued, whichever occurs first.
***
Sec. 24.1-273. – Location, height, and size requirements.
Except where other provisions of this chapter are more restrictive, the following
requirements shall apply to the location, height, and size of all accessory uses or structures
in all districts, including the planned development district unless the approving ordinance
for such district (project) has established alternative or supplementary requirements:
(a) Accessory buildings and structures shall observe the following minimum front yard
setback requirements:
(1) Where the front yard setback of the principal building is fifty (50) feet or less,
accessory buildings or structures shall not be located closer to the front lot line
than the principal building façade. In no case shall the accessory building or
structure be located less than thirty (30) feet from a front lot line.
(2) Where the front yard setback of the principal building exceeds fifty (50) feet,
accessory buildings and structures shall be subject only to a fifty (50) foot
minimum front yard setback requirement.
(3) When the front façade of the principal building has more than one plane, the
accessory building front yard requirement shall be determined based on
accessory building location in relation to the façade closest to the front lot line,
as depicted in Figure II-7.1 below.

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PC26-23
Page 4
Figure II-7.1
ACCESSORY BUILDING FRONT YARD SETBACK

(4) There shall be no front yard requirements for statues, arbors, trellises, flagpoles,
fences, walls or roadside stands. See Section 24.1-271(j) for height requirements
for fences and walls.
(b) Accessory buildings and structures shall observe the following minimum side yard
setback requirements:
(1) Where the front yard setback of the principal building is fifty (50) feet or less,
accessory buildings and structures shall observe a minimum side yard setback
of five (5) feet except where the provisions of this chapter specifically require
otherwise.
(2) Where the front yard setback of the principal building exceeds fifty (50) feet:
a. Accessory buildings and structures located closer to the front lot line than
the front of the principal building shall observe the side yard requirements
applicable to the principal building except where the provisions of this

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PC26-23
Page 5
chapter specifically require otherwise.
b. Accessory buildings and structures located no closer to the front lot line
than the front of the principal building shall observe a minimum side yard
setback of five (5) feet except where the provisions of this chapter
specifically require otherwise.
c. When the front façade of the principal building has more than one plane,
the accessory building side yard requirement shall be determined based
on accessory building location in relation to the façade closest to the front
lot line, as depicted in Figure II-7.2 below.
Figure II-7.2
ACCESSORY BUILDING SIDE YARD SETBACK

(3) There shall be a setback of ten (10) feet from side lot lines extended to mean low
water for docks, piers or boathouses. All such uses shall be subject to applicable

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PC26-23
Page 6
permitting requirements of the Virginia Marine Resource Commission and
United States Army Corps of Engineers.
(4) There shall be no side yard requirements for fences, walls, or small portable solar
generation devices. See Section 24.1-271(j) for height requirements for fences
and walls.
(c) Accessory buildings and structures shall observe the following minimum rear yard
setback requirements:
(1) Accessory buildings and structures shall observe a minimum rear yard setback
of five (5) feet except where the provisions of this chapter specifically require
otherwise.
(2) There shall be no rear yard requirement for docks, piers or boathouses. All such
uses shall be subject to applicable permitting requirements of the Virginia
Marine Resource Commission and United States Army Corps of Engineers.
(3) There shall be no rear yard requirements for fences, walls, or small portable solar
generation devices. See Section 24.1-271(j) for height requirements for fences
and walls.
(a) With the exception of statues, arbors, trellises, flagpoles, fences, walls or roadside
stands, accessory buildings or structures shall not be located closer to the front lot
line than the principal building façade provided, however, that where the setback of
the principal building exceeds fifty feet (50'), accessory buildings and structures
shall be subject only to a fifty-foot (50') minimum setback requirement.
(b) Accessory buildings or structures located closer to the front lot line than the rear of
the principal building shall observe the side yard requirements applicable to the
principal building. When the rear façade of the principal building has more than one
plane, the accessory building side yard requirements shall be determined based on
accessory building location in relation to those rear façades as depicted in Figure II7.1, Appendix A.
(cd)
An accessory building or structure attached to a principal building by any
wall or roof construction, or located within ten five (5) feet (10') of any principal
building, shall be considered a part of the principal building and shall observe all
yard regulations applicable thereto. Setback and spacing requirements for accessory
in-ground swimming pools shall be measured to the edge of the water. Setback and
spacing requirements for above-ground pools shall be measured to the outer edge of
the pool wall or any above-ground decking surrounding the pool.
(d) Accessory buildings and structures shall observe minimum side and rear yard
setbacks of five feet (5') except where the provisions of this chapter specifically
require otherwise and provided, however:
(1) There shall be no side and rear yard requirements for fences or walls; and
(2) There shall be no rear yard requirement for docks, piers or boathouses; however,
a setback of ten feet (10') from side lot lines extended to mean low water shall
be observed. All such uses shall be subject to applicable permitting requirements
of the Virginia Marine Resource Commission and United States Army Corps of
Engineers.

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PC26-23
Page 7
***
(g) Except as authorized by section Nos. 24.1-231, 24.1-272, or section 24.1-274 of this
chapter, no accessory building or structure shall exceed the maximum height
limitation established for the district or the height of the structure to which it is
accessory, whichever is less, provided, however, that buildings which are accessory
to a single-story building may be constructed to a maximum height not exceeding
1.25 times the height of the principal building. In cases where this is permitted, the
accessory building shall be separated from the principal building by a distance of at
least twentyten (10) feet (20') and shall observe a minimum side and rear yard
setback of ten (10) feet rather than the normally applicable five (5) feet.
***
Article III. – Districts.
Division I. – In General.
Sec. 24.1-306. – Table of land uses.
P=PERMITTED USE
S=PERMITTED BY
SPECIAL USE PERMIT
USES
USES
12. Temporary wireless
support structure

RESIDENTIAL DISTRICTS

COMMERCIAL AND
INDUSTRIAL DISTRICTS
RC RR R33 R20 R13 R7 RMF NB LB GB WCI EO IL IG
R3
CATEGORY 8—TEMPORARY USES
A

A

A

A

A

A

A

A

A

A

A

A

A

A

***
Division VII. – Overlay Districts.
Sec. 24.1-379. – Commercial corridor revitalization overlay district.
***
(c) Special Performance Standards: The following special performance standards shall
apply to such physically constrained properties as may be located along Routes 17,
60 (Bypass Road/Richmond Road) and 143 (Merrimac Trail). Where the overlay
district provisions impose a lesser standard than the provisions established
elsewhere in the Zoning Ordinance, the less restrictive standards shall apply.
Physically constrained properties shall be those which have the following
characteristics:
• lot width is less than 80 feet or lot depth is less than 100 feet; or
• lot size is less than 20,000 square feet; and

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PC26-23
Page 8
• buildings or site improvements are situated so as not to comply with applicable
setback or other dimensional standards prescribed for the underlying district (the
applicable setback dimension shall take into account any right-of-way
reservation requirement that would apply to the property based on programmed
road improvements); and
• the property has been designated as blighted by resolution of the Economic
Development Authority. For the purposes of this section, blighted properties
shall be deemed to be those with buildings or improvements which, by reason of
dilapidation, obsolescence, over-crowding, faulty arrangement of design, lack of
ventilation, light and sanitary facilities, excessive land coverage, deleterious
land use or obsolete layout, or any combination of these or other factors, are
detrimental to the safety, health or welfare of the community and the appearance
and economic vitality of the subject corridor:
***
(5) Impervious Surface: The provisions of Section 24.1-376 notwithstanding, the
zoning administrator may authorize, after such consultation with the director
of Newport News Waterworks or City of Williamsburg waterworksPublic
Works & Utilities Department as the zoning administrator may deem
advisable, the reuse or redevelopment of a property meeting the above
criteria and including a stormwater management system that addresses the
pre-development/post development runoff quality requirements specified in
Section 24.1-376(f)(1)d. of this chapter in an alternative and equivalent
manner.
***
Article IV. – Performance Standards for Uses.
Division 7. – Temporary Uses (Category 8).
Sec. 24.1-440. – Standards for temporary sales of seasonal commodities.
Administrative permits may be issued for the temporary outdoor sale of produce or other
seasonal commodities subject to the following provisions:
***
(c) Prior to the opening of any such use, the director of public safetyFire Chief and the
zoning administrator shall verify that all applicable code requirements have been
met.
***

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PC26-23
Page 9
Sec. 24.1-453.1 – Standards for temporary wireless support structures.
Administrative permits may be issued for a temporary wireless support structure in any
zoning district subject to the following:
(a) An application for a temporary wireless support structure shall demonstrate that it
is necessary for one of the following reasons:
(1) Administering limited frequency and modulation testing to evaluate system
performance and the need for additional wireless facility sites;
(2) Supplementing communications coverage when a previously permitted wireless
facility has become involuntarily non-operational through an accident or natural
disaster;
(3) A substantial increase in the communications needs of the locality due to an
emergency declared by the locality, Commonwealth, or federal government;
(4) A substantial increase in the communications needs of the businesses, residents,
or visitors of the locality for a limited period of time due to a special event held
within the locality; or
(5) Any other reason deemed necessary and appropriate by the Zoning
Administrator.
(b) An application for a temporary wireless support structure shall include the following
materials:
(1) A statement demonstrating that need for the temporary wireless support structure
in accordance with provisions of this section;
(2) A sketch plan showing the number of temporary wireless support structures,
location of each structure, and all other improvements necessary to operate and
maintain such structures;
(3) Documentation demonstrating the property owner has consented to the
temporary wireless support structure being placed on their property;
(4) A detailed cost estimate containing:
a. The cost of removal of such structures and all other improvements illustrated
on the sketch plan and restoration of the site to its original conditions;
b. A reasonable allowance for estimated administrative costs; and
c. Annual adjustments for inflation, but not to exceed a two (2) year period.
(5) Upon confirmation that the cost estimate is appropriate by the Zoning
Administrator, a surety by cash, certified check, or letter of credit, or other
instrument acceptable to the county attorney in the amount equivalent to the cost
estimate to ensure that the site is restored subsequent to termination of the
activity. The zoning enforcement officer shall, within ten (10) days after the
closing of the use, make a written report to the zoning administrator on the
condition of the grounds. If the site has not been satisfactorily restored, the
zoning administrator shall require the forfeiture of the performance guarantee.
(c) The maximum term for any administrative permit authorized under this section shall
be one (1) one hundred-eighty (180) day period during any year. An extension of an

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PC26-23
Page 10
administrative permit beyond the initial one hundred-eighty (180) day period may
be approved if:
(1) The request is made in writing prior to the expiration of the initial approval
period or current extended approval period;
(2) The extension is reasonably necessary to resolve or accommodate the reasons
for the initial approval; and
(3) The total time approved for the extension, including the initial one hundredeighty (180) day period, does not exceed two (2) years.
(d) A temporary wireless support structure shall be removed at the cost of the owner
and the site restored to its previous condition within forty-eight (48) hours of the
end of the approval period.
***
Division 13. – Wholesaling and Warehousing Uses (Category 14).
Sec. 24.1-483. – Standards for all wholesaling and warehouse uses.
(a) Warehouses and similar structures of thirty thousand (30,000) square feet or greater
shall have fire lanes surrounding the structure(s) unless approved otherwise by the
director of public safetyFire Chief.
***
Division 14. – Limited Industrial Uses (Category 15).
Sec. 24.1-485. – Standards for all limited industrial uses.
***
(b) Structures of thirty thousand (30,000) square feet or greater shall have fire lanes
surrounding the structure(s) unless approved otherwise by the director of public
safetyFire Chief.
***
Division 15. – General Industrial Uses (Category 16).
Sec. 24.1-489. – Standards for all general industrial uses.
***
(b) Structures of thirty thousand (30,000) square feet or greater shall have fire lanes
surrounding the structure(s) unless approved otherwise by the director of public
safetyFire Chief.
***

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Page 11
Article V. – Site Plans
Sec. 24.1-502. – Information required on site plans.
***
(c) Site plan title sheet. The site plan title sheet shall contain the following information:
(6) Table of statistical information, including:
a. Total area.
b. Area of disturbance.
c. Area and percentage of total area of:
1. existing Existing and proposed buildings.
2. Existing and proposed lot coverage (amount of impervious cover).
3. Existing and proposed parking and loading areas.
4. Existing and proposed landscaped open space.
c. Area and percentage of total of proposed buildings.
d. Area and percentage of total of lot coverage (amount of impervious cover).
e. Surface area and percentage of total lot area of parking and loading areas.
f. Area of disturbance.
g. Area and percentage of total occupied by landscaped open space.
***
(e) Existing features.
(3) Existing natural land features, trees, water features and all proposed changes to
these features shall be indicated on a "landscape plan" (see article II, division
54). Land features shall include soil types and limitations. Water features shall
include ponds, lakes, streams, wetlands, floodplains, drainage areas and
stormwater retention areas.
***
(k) Utilities.
(4) Location of all existing and proposed fire hydrants; and calculations verifying
adequacy of fire flow when required by the director of public safetyFire Chief.
***

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Appendix A. – Diagrams, Tables, and
Figures.
Figures II-7.1 – II-7.2

12
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PC26-23

FIGURE II-7.1
ACCESSORY BUILDING SETBACK

13
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Page 14

FIGURE II-7.2
ACCESSORY BUILDING SETBACK

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PC26-23

Tables II-1 – II-87

15
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PC26-23
Table II-1

100
100

125
125

50
50

X
X

X

75

100

125

50

X

X

75
75

100
100

125
125

50
50

X
X
X

Pinus thunbergiana/Japanese Black
Pine
Quercus virginiana/Live Oak
Thuja occidentalis/Arborvitae
Thuja orientalis/Oriental Arbovitae

60

80

100

75
75

100
100

125
125

Parking Lot

X
125

150

175

90

75

100

125

50

X

X

X

X
X

X

X

X

X

X

X

X
X

X

X

X

X

X
X

X

X

X

X

50

X

X

X

50
50

X
X

X
X

X
X

X

X
X
X

X

X

X

X

X

X

X

X

X
X

X
X

X

Objectionable
Roots

75
75

X

Objectionable
Fruit

X

Weak Wood

50
50

Partial Shade

125
125

Restricted Root
Z.
Poor Soil

100
100

Rights-of-Way

75
75

Overhead
Utilities

Cedrus deodora/Deodar Cedar
Chamaecyparis obtuse/Hinoki
Cypress
Cunninghamia lanceolata/China Fir
Cupressocyparis Leyland/Leyland
Cypress
Ilex 'Nellie Stevens'/Nellie Stevens
Holly
Ilex opaca/American Holly
Ilex X attenuata/Foster's Holly
Juniperus virginiana/Eastern Red
Cedar
Juniperus chinensis
'Kaizuka'/Hollywood Juniper
Magnolia grandiflora/Southern
Magnolia
Magnolia grandiflora 'Little
Gem'/Little Gem Magnolia
Myrica cerifera/Bayberry or Wax
Myrtle (multi- trunk)

Small Areas

10'

Screening

Height at
Planting
6'
8'

= Virginia Coastal Plain
Native Species

Problems

Insects

Environmental Tolerances

Disease

Uses/Placement

Drought Tolerant

Minimum
Planting
Area
(square
feet)

Wet Soil

Botanical/Common Name

Projected 10-Year
Cover Area
(square feet)

Full Shade

Evergreen Trees

X

X

X

X
X

This chart may be revised from time to time by the Zoning Administrator to add or delete species or to update other information based on
consultation with the Cooperative Extension Agent and/or landscape professionals.

16

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Page 17
Table II-2

X

X

X

X

100

X

X

X

X

X

X

X

200
150
200

100
60
60

X

X
X
X

X
X
X

X
X
X

X

X
X
X

125

150

60

X

X

X

175
125
175
175
175

200
150
200
200
200

100
100
100
100
100

X
X
X
X
X

X
X
X

X
X
X
X
X

175

200

100

150

175

200

150
100
150

175
120
175

100
150
100
150
150
150

X
X
X

X

X
X
X
X
X
X

X
X
X
X

X

X

X
X
X

X

X

Objectionable
Roots

X

150

X

Drought
Tolerant
Disease

X

X

Wet Soil

X

60
60
60
50
60

Full Shade

X
X
X
X
X

100
100
150
200
120

Objectionable
Fruit

X
X
X
X
X

X
X
X
X
X

80
80
125
175
100

Weak Wood

Partial Shade

X
X
X
X
X

X
X
X
X
X

60
60
100
150
80

Insects

Restricted Root
Z.
Poor Soil

HeightCaliper at
Planting
1.5"
2"
3"

Problems

Overhead
Utilities

Acer ginnala/Amur Maple
Acer palmatum/Japanese Maple
Amelanchier arborea/Serviceberry
Cercis canadensis/Eastern Redbud
Chionanthus virginicus/White
Fringe Tree
Crataegus viridis 'Winter
King'/Green Hawthorn
Koelreturia
paniculata/Goldenraintree
Lagerstroemia indica/Crape Myrtle
Magnolia stellata/Star Magnolia
Magnolia x soulangeana/Saucer
Magnolia
Magnolia virginiana/Sweetbay
Magnolia
Malus sp./Crabapple
Prunus cerasifera/Flowering Plum
Prunus serrulata/Kwanzan Cherry
Prunus subhirtella/Higan Cherry
Prunus x yedoensis/Yoshino
Cherry

Environmental Tolerances

Rights-of-Way

Uses/Placement

Parking Lot

= Virginia Coastal Plain
Native Species

Minimum
Planting
Area
(square
feet)

Small Areas

Botanical/Common Name

Projected 10-Year
Cover Area (square
feet)

Screening

Small Deciduous Trees

X
X

X

X

X

X
X
X
X
X

X
X
X
X
X

X

X
X
X
X
X

X
X

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consultation with the Cooperative Extension Agent and/or landscape professionals.

Page 97 of 105

PC26-23
Page 18
Table II-3
Uses/Placement

Betula nigra/River Birch
Ginkgo biloba/Ginkgo (male variety)
Pyrus calleryana/Callery Pear

100
100
100

X

Environmental Tolerances

Problems

150
150
150

175
175
175

X

X
X
X

Objectionable Roots

Objectionable Fruit

Weak Wood

Insects

Disease

Drought Tolerant

Wet Soil

Full Shade

Partial Shade

Poor Soil

Restricted Root Z.

Rights-of-Way

Overhead Utilities

HeightCaliper at
Planting
1.5"
2"
3"

Parking Lot

= Virginia Coastal Plain
Native Species

Minimum
Planting
Area
(square
feet)

Small Areas

Botanical/Common Name

Projected 10-Year
Cover Area (square
feet)

Screening

Medium Deciduous Trees

X
X
X

X
X

X
X

X
X

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consultation with the Cooperative Extension Agent and/or landscape professionals.

Page 98 of 105

PC26-23
Page 19
Table II-4

Acer platanoides/Norway Maple
Acer rubrum/Red Maple
Acer saccharum/Sugar Maple
Fraxinus pennsylvanica/Green Ash
(Marshall's Seedless)
Liquidambar styraciflua
'Rotundiloba'/Fruitless Sweetgum
Metasequoia glyptostroboides/Dawn
Redwood
Nyssa sylvatica/Black Gum
Platanus x acerifolia/London
Planetree
Quercus acutissima/Sawtooth Oak
Quercus coccinea/Scarlet Oak
Quercus phellos/Willow Oak
Taxodium distichum/Baldcypress
Tilia cordata/Littleleaf Linden
Ulmus parvifolia/Chinese Elm
Zelkova serrato/Zelkova

Environmental Tolerances

275
275
275
275

300
300
300
300

180
180
180
180

275

300

180

275

300

275
275
275
275
275
275
275
275
275

X
X
X
X

X
X
X
X

X

X

X

X

X

180

X

X

X

X

300
300

180
180

X
X

X

300
300
300
300
300
300
300

180
180
180
180
180
180
180

X
X
X
X
X
X
X

X
X
X
X
X
X
X

X
X
X
X

X
X
X

X

Weak Wood

Insects

Disease

Drought Tolerant

Wet Soil

X

X
X
X
X

X

X
X
X

Full Shade

Partial Shade

Poor Soil

Restricted Root Z.

Rights-of-Way

Overhead Utilities

HeightCaliper at
Planting
1.5"
2"
3"

Objectionable Roots

Problems

Objectionable Fruit

Uses/Placement

Parking Lot

= Virginia Coastal Plain
Native Species

Minimum
Planting
Area
(square
feet)

Small Areas

Botanical/Common Name

Projected 10-Year
Cover Area (square
feet)

Screening

Large Deciduous Trees

X
X
X

X

X

X
X

X
X

X

X
X

X
X
X
X
X

X
X

X

X
X

X
X

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consultation with the Cooperative Extension Agent and/or landscape professionals.

Page 99 of 105

PC26-23
Page 20

X
X
X
X
X

X
X
X
X
X
X
X
X

X

Small Areas

End Island

X
X

X
X
X

X
X

X
X

X
X

X
X
X
X

X
X
X

X
X
X

X
X
X
X
X

X
X
X
X
X
X
X
X
X
X
X
X
X
X

X
X

X

X

X

X

X

X

X
X
X
X
X
X
X
X
X

X
X
X
X
X
X
X
X
X

X
X
X
X
X
X
X
X

X
X
X
X
X
X

X
X
X
X
X
X

X

X

X

X

Insects

6
6
6
6
6
9
9
9

X
X

X

X

X
X
X

X
X
X
X
X
X
X
X
X

X
X

Disease

16
9
9
9
16
25
20
20

X

Full Sun

X
X
X

Wet Soil

X
X
X

Problem

Drought Tolerant

Abelia grandiflora/Glossy Abelia
Aucuba japonica/Japanese Aucuba
Berberis julianae/Wintergreen Barberry
Buxus sempervirens/American Boxwood
Buxus microphylla/Wintergreen Boxwood
Camellia japonica/Spring Blooming Camellia
Camellia sasanqua/Fall Blooming Camellia
Chamaecyparis pisifera/Cypress
Cleyera japonica/Japanese Cleyera
Cotoneaster salicifolius/Willowleaf Cotoneaster
Cytisus scoparius/Scotchbroom
Elaeagnus angustifolia/Russian Olive
Euonymus fortunei/Wintercreeper Euonymous
Euonymus radicans/Radicans Euonymus
Ilex cornuta 'Burfordii'/Burford Holly
Ilex cornuta 'Burfordii Nana'/Dwarf Burford
Holly
Ilex cornuta 'Carissa'/Carissa Holly
Ilex crenata 'Compacta'/Compacta Holly
Ilex crenata 'Helleri'/Helleri Holly
Ilex crenata 'Nigra'/Nigra Holly
Ilex glabra/Inkberry
Abelia grandiflora/Glossy Abelia
Aucuba japonica/Japanese Aucuba
Berberis julianae/Wintergreen Barberry

Full Shade

9
9
9
4
4
9
9
6
9
6
6
12
3
3
12
9

Height at
Planting
18"

Partial Shade

25
20
20
6
6
25
25
16
25
9
16
36
6
6
36
25

Environmental Tolerances

Poor Soil

Uses/Placement

Restricted Root Z.

= Virginia Coastal Plain Native Species

Projected
10-Year
Cover
Area
(square
feet)

Screening/Buffering

Botanical/Common Name

Minimum
Planting
Area
(square
feet)

General Uses

Evergreen Shrubs

Parking Lot Screen

Table II-5

X

X
X
X
X

X
X
X
X
X
X
X

X
X
X
X

X
X
X
X
X
X
X

X

X

X
X

X

X

X

Page 100 of 105

PC26-23
Page 21
Buxus sempervirens/American Boxwood
Buxus microphylla/Wintergreen Boxwood
Camellia japonica/Spring Blooming Camellia
Camellia sasanqua/Fall Blooming Camellia
Chamaecyparis pisifera/Cypress
Cleyera japonica/Japanese Cleyera
Cotoneaster salicifolius/Willowleaf Cotoneaster
Cytisus scoparius/Scotchbroom
Elaeagnus angustifolia/Russian Olive
Euonymus fortunei/Wintercreeper Euonymous
Euonymus radicans/Radicans Euonymus
Ilex cornuta 'Burfordii'/Burford Holly
Ilex cornuta 'Burfordii Nana'/Dwarf Burford
Holly
Ilex cornuta 'Carissa'/Carissa Holly
Ilex crenata 'Compacta'/Compacta Holly
Ilex crenata 'Helleri'/Helleri Holly
Ilex crenata 'Nigra'/Nigra Holly
Ilex glabra/Inkberry

6
6
25
25
16
25
9
16
36
6
6
36
25

4
4
9
9
6
9
6
6
12
3
3
12
9

16
9
9
9
16

6
6
6
6
6

X
X

X
X

X
X
X
X
X
X
X
X
X

X
X

X
X
X
X
X

X

X

X
X

X
X
X

X
X

X
X

X
X

X
X
X
X

X
X
X

X
X
X

X
X
X
X
X

X
X
X
X
X
X
X
X
X
X
X
X
X
X

X
X
X
X

X
X
X
X
X
X
X

X
X
X
X

X
X
X
X
X

X

X

X
X
X
X
X
X
X
X
X

X
X
X
X
X
X
X
X
X

X
X
X
X
X

X
X
X
X
X

X
X
X
X
X
X
X
X

X
X

X

This chart may be revised from time to time by the Zoning Administrator to add or delete species or to update other information based on
consultation with the Cooperative Extension Agent and/or landscape professionals.

Page 101 of 105

PC26-23
Page 22
Table II-6
Deciduous Shrubs
Botanical/Common Name
= Virginia Coastal Plain Native Species

Projected
10-Year
Cover
Area
(square
feet)

Minimum
Planting
Area
(square
feet)

Uses/Placement

Environmental Tolerances

Problems

12
12
9
4
12
12
15
15
12
9
9
4
12
12
9
12
9
12
12

X
X

X
X
X
X
X

X
X
X
X

X
X
X
X
X
X

X
X
X
X
X
X
X
X
X
X

X

X
X
X

X
X
X
X
X
X
X

X
X
X
X
X
X
X
X

X

X
X
X

X

X

X

X

X
X
X
X
X

X
X
X
X
X
X

X
X
X
X
X

X

X
X

X
X
X

X
X

X
X

X

X
X
X
X
X
X
X
X
X

X
X

X

X

X
X
X

Full Sun

Drought Tolerant
X
X

X
X
X

Wet Soil

X
X

X
X

X

X
X

Poor Soil

Restricted Root Z.

Screening/Buffering

End Island

Small Areas
X

X
X

Insects

25
25
16
9
25
25
36
36
25
16
16
9
25
25
16
25
16
25
36

X

X
X
X
X
X

Disease

9
9
12
12
12

Full Shade

16
16
25
25
25

Partial Shade

Azalea calendulaceae/Flame Azalea
Azalea nudiflorum/Pinxter Bloom
Berberis thunbergi/Japanese Barberry
Buddleia davidii/Butterfly-Bush
Chaenomeles lagenaria/Japanese Flowering
Quince
Clethra alnifolia/Sweet Pepperbush
Cornus sericea/Redosier Dogwood
Cotoneaster/Cotoneaster
Deutzia gracilis/Slender Deutzia
Euonymous alatus 'Compacta'/Burning Bush
Forsyhia intermedia/Forsythia
Hamamelis mollis/Chinese Witch-Hazel
Hamamelis vernalis/Vernal Witch-Hazel
Hibiscus syriacus hybrids/Rose of Sharon
Hydrangea macrophylla/Bigleaf Hydrangea
Hydrangea querifolia/Oakleaf Hydrangea
Hypericum/St. Johnswort
Ilex verticillata/Winter Berry
Itea virginica/Virginia Sweetspire
Spiraea japonica/Japanese Spirea
Spiraea prunifolia/Double Bridal Wreath
Spiraea x bumalda/Bumald Spirea
Viburnum carlesii/Koreanspice Viburnum
Viburnum plicatum/Doublelife Viburnum

General Uses

Parking Lot Screen

Height at
Planting
18"

X
X
X
X
X
X

X
X

Page 102 of 105

PC26-23
Page 23
Viburnum tinus/Tinus Viburnum
Weigelia florida/Weigelia

25
25

12
12

X

X
X

X
X

X

X
X

X
X

This chart may be revised from time to time by the Zoning Administrator to add or delete species or to update other information based on
consultation with the Cooperative Extension Agent and/or landscape professionals.

Page 103 of 105

PC26-23
Page 24

X
X

6
6

9
9

5
4

X

3
1
3
1.5
3
2.5
2
1
3
1
1
1
2

X
X

X
X

X

X

X

X
X
X
X
X
X
X
X
X
X
X
X
X
X

X

X
X
X
X
X
X
X
X
X
X

X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X

X
X

X

X
X
X
X

X
X
X

X
X
X

X

X

X
X
X
X

X
X
X
X

X

X
X
X
X
X

X
X

X

X
X

X

X

X

X

X

X
X
X

X

X

X

X

Insects

X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X

X

Disease

2
2
5
1
3

X

Full Sun

3
3
6
4
6
4
4
3
4
4
6
6
4
4
6
6
6
3
3

X
X
X
X

X
X
X
X
X
X

Drought Tolerant

2
2
4
3
4
2
3
2
3
3
4
4
3
2
4
4
6
2
2

X

Problems

Wet Soil

X
X
X
X
X
X

Full Shade

X
X
X
X
X
X

Poor Soil

2
2
2
1.5
1.5
1

Restricted Root Z.

4
3
6
4
4
4

Screening/Buffering

4
2
4
2
2
3

Environmental Tolerances

Partial Shade

Perennials:
Achillea/Yarrow
Astilbe arendsii/False Spirea
Caryopteris x clandonensis/Blue Mist Spirea
Coreopsis grandiflora/Coreopsis
Coreopsis verticillata/Coreopsis
Dianthus gratianopolitanus 'Baths Pink'/Bath's Cheddar
Pink
Dryopteris erythrosora/Autumn Fern
Echinacea purpurea/Purple Coneflower
Eupatorium/Joe Pye Weed
Gaillardia grandiflora/Blanket Flower
Heliopsis helianthoides/False Sunflower
Hemerocallis/Daylily
Hosta/Hosta
Iberis sempervirens/Candytuft
Iris ensata/Japanese Iris
Lavandula angustifolia/Lavender
Perovskia atriplicifolia/Russian Sage
Rudbeckia fulgida/Black-eyed Susan
Salvia x superba/Perennial Salvia
Scabiosa columbaria/Pincushion Flower
Sedum spectable 'Autumn Joy'/Autumn Joy Sedum
Stachys byzantina/Lambs Ear
Verbena canadensis/Verbena
Veronica spicata/Speedwell
Veronica x 'Sunny Border Blue'/Veronica 'Sunny
Border Blue'
Ornamental Grasses:
Calamagrostis acutiflora/Feather Reed Grass
Chasmanthium latifolium/Northern Sea Oats

Uses/Placement

End Island

= Virginia Coastal Plain Native Species

Minimum
Planting
Area
S.F. Height
(feet)

Small Areas

Botanical/Common Name

Projected 3-Year
Cover Area
(square feet)
1
gal.

Parking Lot Screen

Perennials and Ornamental Grasses

General Uses

Table II-7

X

X
X
X
X
X
X
X
X
X

X
X
X
X
X
X
X
X
X
X
X
X

X

X

Page 104 of 105

PC26-23
Page 25
Cortaderia selloana/Pampas Grass
Liriope muscari/Liriope
Miscanthus sinensis/Maiden Grass
Miscanthus purpurascens/Miscanthus
Muhlenbergia capillaris/Pink Hair Grass
Ophiopogon japonicus
Panicum virgatum/Switch Grass
Pennisetum alopecuroides/Fountain Grass
Phalaris arundinacea/Ribbon Grass

9
3
9
9
6
2
6
6
4

12
4
12
12
9
3
9
9
6

6
1
5
5
3
.5
5
3
3

X
X
X

X

X
X
X
X
X
X
X
X
X

X

X

X

X
X

X
X

X
X

X
X
X
X
X
X
X
X
X

X
X
X
X
X
X
X

X

X

X

X

X

X

X
X
X
X

X
X

X
X
X
X
X
X
X
X
X

This chart may be revised from time to time by the Zoning Administrator to add or delete species or to update other information based on
consultation with the Cooperative Extension Agent and/or landscape professionals

Page 105 of 105