CHAPTER 155: ZONING CODE
Rules for interpretation of district boundaries
Change to district boundaries
Custodian of the Official Zoning and Development Standards Map
Compliance with applicable district regulations
Permitted uses and special exceptions
Agricultural Conservation District (AGC)
Agricultural Conservation I District (ACG-I)
Rural Development District (RUD)
Rural Development I District (RUD-I)
Residential Conservation I District (RC-I)
Residential Conservation II District (RC-II)
Residential Development I District (RD-I)
Residential Development II District (RD-II)
Business Development I District (BD-I): Convenience
Business Development II District (BD-II): Office and Institutional
Business Development III District (BD-III): General
Industrial Development District (ID)
Light Industrial District (LI)
Urban Development District (UD)
Planned Development District (PD)
Single parcel development standards
Multiparcel, residential subdivision or commercial park development standards
General design criteria and development standards
Submission process of site plan and application to zoning department for review
Process for Planning Department review and conference
Planning Department response to Planning Commission
Actions by Planning Commission and County Council
Planning Department action on approved PD amendment
Required amenities and density bonuses for residential portions of planned developments
Traditional Neighborhood District (TND)
Traditional Neighborhood Development model
Development standards; required land use ratios
Density distribution and allowable densities
General lot development standards
Ownership and maintenance of public use lots, greenways, and civic use buildings
Street development standards
Encroachment permitting (excluding utilities)
Parking and loading standards
Tree requirements for residential lots
Abandoned Cemeteries Overlay
Airport overlay district zones
Permits, changes in use, nonconforming, and variances
Arterial Roads Development Standards Overlay District
Lake Wylie and Catawba River Buffers
Lake Wylie and Catawba River Buffers established
Lake Wylie and Catawba River Buffers defined
Nonconforming uses, exemptions and alternate requirements
Basic requirements for all lots
Approval procedures for permitted activities
Appeals from decisions of zoning administrator
Variance application requirements
Lake Wylie Zoning Overlay District
Lake Wylie Overlay boundary
Lake Wylie Overlay application regulation
Lake Wylie Overlay sign regulations and standards
Other site planning standards
Temporary prohibition of new development
AGC and RUD Significant Historical and Architectural Sites Overlay
Historically and architecturally significant sites identified and listed
Regulations imposed for development or subdivision of property including or property adjacent to historically or architecturally significant sites
Destruction, removal or renovation of historically or architecturally significant structures; permit required
Preservation Tax Incentive
Special tax assessment created
Transportation Corridor Preservation Overlay
Relation to generally required setback
Protection from encroachment
Zoning District Development Standards
Purpose and definition of bufferyards
Determination of bufferyard requirements
Responsibility for bufferyard
Bufferyards part of required yards
Clear cutting of bufferyards prohibited
Buffer requirements for expansion of existing manufactured home parks as a permitted use in the RD-II and UD district
Erosion and sediment control requirements
Impervious surface ration requirements
Lot development requirements
Residential density requirements in the RC, RD and BD-III zoning districts
Parking (Off-Street) and Loading
Handicap parking space requirements
Joint use of off-street parking lots
Off-street loading requirements
Off-street parking requirements
Parking, storage and use of certain vehicles
Reduction of off-street parking space
Setup Standards for Single-Family Residential Dwellings
Signs not requiring a zoning compliance
Signs for which a zoning compliance is required
Sign regulations in the PD District
Temporary signs for which a zoning compliance is required
Removal, impoundment and destruction of signs
Outdoor advertising displays
Uses not permitted are prohibited
Encroachment, reduction of lot area
Measurement of front yard setback abutting street rights-of-way
Modification of yard regulations
Structures projecting into required yards
Building height requirements and exceptions to height
Home occupations and cottage industries
Communication Tower Public Service Use Requirements
Approval requirements and criteria
Development standards for towers
Addition or change of antennae to existing towers
Introduction and statement of purpose
Residential development standards
Incentives for existing tree retention
Permitting and verification requirements
Maintenance requirements and reinspections for nonresidential sites
Nonconforming lots of record
Change of nonconforming use
Expansion of use within existing building
Discontinuance of nonconforming use
Temporary/replacement of nonconforming uses
Replacement of an existing single-family dwelling
Expansions to nonconforming uses and nonconforming structures
Amendment authorization and procedure
Public hearing and notice thereof
Resubmission of denied application
Amendment requests where lands or uses thereon are in violation of this chapter
Proposed changes to this chapter
Administration officer and responsibilities
Appeal from the decision of the zoning administrator
Appeals, hearing and notice
Appeals from decisions of the Zoning Board of Appeals
Application for zoning compliance
Development permits and use zoning compliances required
Zoning compliance approval for new or altered uses
Zoning approvals, temporary or conditional
Construction and use to be as provided in applications, site plans, zoning compliances and approvals
Establishment of Zoning Board of Appeals
Decisions of the Zoning Board of Appeals
Powers and duties of the Zoning Board of Appeals
Proceedings of the Zoning Board of Appeals
Schedule of fees and charges
Interpretation and conflict
Bethel Rural Fire District
Lake Wylie Parks and Recreation District
Tree Ordinance Appendices and Guidelines
: Approved species list for York County Tree Ordinance planting requirements
Zoning and Development Standards Appendices
Appendix B - Exhibit 4
: Catawba River buffer (map view) comprised of the primary and secondary buffers combined
§ 155.001 AUTHORITY.
§ 155.001 AUTHORITY.
In pursuance of authority conferred by the South Carolina Local Government Comprehensive Planning Enabling Act of 1994, Title 6, Chapter 29, and for purposes of guiding development in accordance with existing and future needs and in order to protect, promote and improve the public health, safety, morals, convenience, order, appearance, prosperity, and general welfare; lessening congestion in the streets; securing safety from fire, panic and other dangers; providing adequate light and air; preventing the overcrowding of land; avoiding undue concentration of population; protecting scenic areas; facilitating the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; promoting desirable living conditions and the sustained stability of neighborhoods; protecting property against blight and depreciation; securing economy in governmental expenditures; conserving the value of land and buildings; and encouraging the most appropriate use of land and buildings and structures; the County Council of York County does ordain and enact into law the following sections.
(‘77 Code, § 19-37) (Ord. passed 1-3-00)
§ 155.002 TITLE.
§ 155.002 TITLE.
This chapter will be known as the Zoning and Development Standards Ordinance of York County.
(‘77 Code, § 19-38) (Ord. passed 1-3-00)
§ 155.003 JURISDICTION.
§ 155.003 JURISDICTION.
The regulations set forth herein will apply to all land and improvements thereon in the unincorporated areas of York County, South Carolina.
(‘77 Code, § 19-39) (Ord. passed 1-3-00)
§ 155.004 OVERVIEW.
§ 155.004 OVERVIEW.
(A) The purposes of this chapter are to implement the comprehensive plan and to protect and promote the public health, safety and general welfare of the county by providing for the orderly development of land within the county.
(B) The boundaries of the Zoning and Development Standards Districts are shown on a map or maps entitled, Official Zoning and Development Standards Map(s), York County, South Carolina, which together with all explanatory matter thereon is adopted by reference and declared to be a part of this chapter. The Official Zoning and Development Standard Maps will be entitled by the signature of the County Council chairperson, and attested by the county manager, together with the date of the adoption of this chapter, and will be filed in the office of the zoning administrator/county manager.
(C) In order to advance the purpose of these regulations, the unincorporated areas of York County are partitioned into the following zoning and development districts:
(1) AGC: Agricultural Conservation District;
(2) AGC-I: Agricultural Conservation I District;
(3) RUD: Rural Development District;
(4) RUD-I: Rural Development I District;
(5) RC-I: Residential Conservation I District;
(6) RC-II: Residential Conservation II District;
(7) RD-I: Residential Development I District;
(8) RD-II: Residential Development II District;
(9) BD-I: Business Development I District;
(10) BD-II: Business Development II District;
(11) BD-III: Business Development III District;
(12) ID: Industrial Development District;
(13) LI: Light Industrial Development District;
(14) UD: Urban Development District;
(15) TND: Traditional Neighborhood District;
(16) PD: Planned Development District;
(17) HD: Historic District.
(D) These zoning districts are designed as classifications that stand on their own. However, certain zoning district regulations are supplemented through, and read in conjunction with, provisions set forth within overlay zones, whose regulations, in the event of a conflict with the provisions of the underlying district, shall control over the requirements of the district. Each zoning district has several principal (permitted) uses that can be placed on the existing parcel, provided applicable development standards are met. One typical development standard, known as building setbacks, is the location of the proposed structure in relationship to road rights-of-way, property lines and existing structures. A variance can be requested for any development standard required in a zoning district, but variances cannot be requested from definitions or provisions contained within definitions, or from district or overlay boundary lines. Changes to a development standard must receive permission from the York County Zoning Board of Appeals (ZBA). The ZBA will review the application (site plan) and conduct a public hearing. Based on community concerns, the information received from the applicant, topographic constraints and the probable impact of the request, the ZBA may deny the request, approve the request, or approve the request with conditions. A few uses are listed as special exceptions. These uses must receive special permission from the ZBA. The ZBA will review the application (site plan) and conduct a public hearing. Based on community concerns, the information received from the applicant, and the probable impact of the request, the ZBA may deny the request, approve the request, or approve the request with conditions.
(E) A parcel of property cannot be used for any proposed purpose which is not specifically listed in the zoning district. A rezoning of the property may be requested in cases where a different use is preferred. The York County Council will review the application (site plan) and conduct a public hearing. A change in zoning classification must receive approval by the York County Council. Based on community concerns received as a part of the public hearing process, the information received from the applicant, the land use plan/map, the staff review, and the probable impact of the petition, the York County Council may deny or approve the request. The land use plan/map is a guide to assist York County in deciding how areas should be developed.
(F) As the county continues to experience development pressures due to growth, new technology, market demands, health and environmental concerns, and the like, the land use plan/maps are revised. Community participation is encouraged during these updates. In addition, a particular area of locality might experience special development pressures that warrant the placement of additional development standards that apply only to that area. The base ordinance and development standards apply to these areas and the more protective standards are in addition to the ordinance’s standards. These special development regulations are referred to as special districts or overlays.
(G) Many properties have requirements and restrictions listed by the deed known as protective covenants or deed restrictions. These requirements do not supersede zoning standards and York County cannot enforce these restrictions.
(H) Some districts are further governed by overlay zones, which place additional requirements, limitations and prohibitions (and, in some instances, may lessen the requirements) upon the underlying zoning district, whose geographic boundaries do not coincide with the boundary of the zone. In interpreting the regulations specified by the overlay zone, the requirements of the overlay zone take precedence and control over the requirements set forth in the underlying district. Variances may not be granted to the geographic boundaries of the overlay zones.
(‘77 Code, § 19-40) (Ord. passed 1-3-00; Am. Ord. 1500, passed 4-3-00; Am. Ord. 3506, passed 9-18-06; Am. Ord. 907, passed 6-18-07)
§ 155.005 RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES.
§ 155.005 RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES.
Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning and Development Standards Map, the following rules will apply:
(A) Boundaries indicated as approximately following the centerlines of streets, highways, or roads will be construed to follow the centerlines;
(B) Boundaries indicated as approximately following platted lot lines will be construed as following the lot lines;
(C) Boundaries indicated as approximately following political boundaries will be construed as following such lines;
(D) Boundaries indicated as following the centerline of waterways, creeks, and ditches will be construed as following these lines;
(E) Boundaries indicated as parallel to or an extension of features indicated in divisions (A) through (D) of this section will be so construed. Distances not specifically indicated on the Official Zoning and Development Standards Map will be determined by the scale of the map;
(F) When it is determined by the zoning administrator that properties are replatted to form a more orderly configuration based on topographic features or poor surveying practices, the zoning district can be adjusted to the new lines. This provision does not provide for the alteration of zoning lines to accommodate additional development, lots, or financial gain.
(G) When it is found by the zoning administrator that a parcel or tract of land is not zoned, the property in question will be subject to the provisions of the RC-I District. The Planning Commission will, as soon as practicable, recommend an appropriate zoning for the property in question. No rezoning or application fee will be required in these instances.
(‘77 Code, § 19-41) (Ord. passed 1-3-00)
§ 155.006 CHANGE TO DISTRICT BOUNDARIES.
§ 155.006 CHANGE TO DISTRICT BOUNDARIES.
(A) When (in accordance with the provisions of this chapter) changes are made in district boundaries, or other matters portrayed on the Official Zoning and Development Standards Map, the changes will be entered on the map(s) promptly after the amendment has been approved by County Council. Any amendment to this chapter which involves matters portrayed on the map(s) will become effective immediately upon approval.
(B) No change of any nature will be made on the Official Zoning Land Development Standards Map, except in conformity with the procedures set forth by this chapter. Any unauthorized change of whatever kind by any person or persons will be considered a violation of this chapter and punishable as provided by law, the York County Code and this chapter.
(‘77 Code, § 19-42) (Ord. passed 1-3-00)
§ 155.007 CUSTODIAN OF THE OFFICIAL ZONING AND DEVELOPMENT STANDARDS MAP.
§ 155.007 CUSTODIAN OF THE OFFICIAL ZONING AND DEVELOPMENT STANDARDS MAP.
Regardless of the existence of purported copies of the Official Zoning and Development Standards Map(s) which may from time to time be made or published, the official map(s) which will be located in the office of planning and development services will be the final authority as to the current zoning status of land and water areas, buildings and other structures in York County.
(‘77 Code, § 19-43) (Ord. passed 1-3-00)
§ 155.008 COMPLIANCE WITH APPLICABLE DISTRICT REGULATIONS.
§ 155.008 COMPLIANCE WITH APPLICABLE DISTRICT REGULATIONS.
No building, structure or land will hereafter be used, and no building, structure or part thereof will be erected, reconstructed, converted, enlarged, moved or structurally altered, unless in compliance with applicable district regulations and overlay zone regulations set forth herein and elsewhere in this chapter.
(‘77 Code, § 19-44) (Ord. passed 1-3-00; Am. Ord. 3506, passed 9-18-06)
§ 155.009 DEFINITIONS.
§ 155.009 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AASHTO. American Association of State Highway and Transportation Officials.
ABUTTING. Lying immediately next to, sharing a common wall or lot line, or separated by only a public roadway.
A building subordinate to and separated from the principal building on a lot, which is used for purposes customarily incidental to those of the main building. Buildings will be considered accessory only when a principal structure has been constructed or permitted on the parcel where the accessory building is to be located unless otherwise specified in § 155.428
A secondary dwelling established in conjunction with, and clearly subordinate to, a primary dwelling unit on the same lot, whether a part of the same structure as the primary dwelling unit or in a detached structure.
A subordinate use which is incidental to, separated from, and customarily associated with the principal building or use and which is located on the same lot with the principal use.
are prohibited on vacant lots unless otherwise specified in § 155.428
ADEQUATE PUBLIC FACILITIES. Facilities determined to be capable of supporting and servicing the physical area and designated intensity of the proposed subdivision as determined by the County Council based upon specific levels of service adopted by the county.
ADJACENT. Abutting or located within 100 feet of the property from which adjacency is determined, exclusive of land within the public rights-of-way or easements.
ADOPTED LEVEL OF SERVICE. The level of service for a public facility as determined by the county.
ADULT BOOKSTORE. An establishment that has a substantial portion of its stock-in-trade and offers for sale, for any form of consideration, any one or more of the following:
(1) Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, slides, digital materials, or other visual representations that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or
(2) Instruments, devices, or paraphernalia that are designed for use in connection with specified sexual activities.
ADULT CABARET. A nightclub, bar, restaurant, or similar establishment that regularly features live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities, or films, motion pictures, video cassettes, slides, digital materials, or other photographic reproductions in which a substantial portion of the total presentation time is devoted to the showing of material that is characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
ADULT ENTERTAINMENT ESTABLISHMENT. An establishment including, but not limited to, adult bookstores, adult cabarets, adult motion picture theaters, adult theaters, sexual encounter establishments and any other establishment which contains activities characterized by the performance, depiction or description of “specified sexual activities,” or “specified anatomical areas.” NOTE: An establishment where a person appears in a state of nudity as part of a modeling class will not be construed as an adult entertainment establishment or a sexual encounter establishment if the establishment is operated:
(1) By a proprietary school, licensed by the State of South Carolina, a college, junior college, or university supported entirely or partly by taxation;
(2) By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or
(a) Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing;
(b) Where, in order to participate in the class, a student must enroll at least three days in advance of the class; and
(c) Where no more than one nude model is on the premises at any one time.
ADULT MOTION PICTURE THEATER. An establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, digital materials, or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.
ADULT THEATER. A theater, concert hall, auditorium, or similar establishment characterized by activities featuring the exposure of specified anatomical areas or by specified sexual activities.
AGRICULTURE. Agricultural purposes include, without limitation, the art or science of cultivating the ground, including harvesting of crops, grains and seed crops; the science and art of growing, developing, processing, conditioning, or selling of hybrid seed corn, seed beans, seed oats, other farm seeds; tillage; husbandry; farming, production, keeping, or maintenance of plants and animals useful to man, including but not limited to, forages and sod crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules, goats, bees or any mutations or hybrids thereof, including the breeding, feeding and grazing of any or all such animals; bees and apiary products; fur-bearing animals; trees and forest products; fruits of all kinds, nuts and berries; vegetables; nursery, floral, ornamental and greenhouse products; or lands devoted to a soil conservation or forestry management program including to a variable extent, the preparation of these products for man’s use.
AIRCRAFT. Any machine or device, including airplanes, helicopters, gliders, and dirigibles, capable of atmospheric flight.
AIRPORT. Any area of land or water designed and set aside for the landing and take off of aircraft, including all necessary facilities for the housing and maintenance of aircraft.
APPLICATION, NEW. Any application for approval of a development permit pursuant to the zoning ordinance and/or subdivision regulations, which application was not complete and filed on or before the effective date of this section.
AREA, GROSS. The entire area within the boundary lines of the property proposed for subdivision/development, including any areas to be dedicated/reserved for street and alley rights-of-way and for public uses.
AVERAGE DAILY TRAFFIC. The average number of trips generated each day by a use in accordance with the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual.
BAR. Any establishment, whether public or operated as a private club, including cocktail lounges, taverns, and the like, serving an adult clientele whose primary business (51% of gross income) is the sale of alcoholic beverages, including beer and wine, for consumption on the premises, and where the purchase of food is at the option of the customers and not required by the operator. The sale of alcoholic beverages, beer and wine must be licensed by the State Alcoholic Beverage Commission.
BED AND BREAKFAST INN. A house or portion thereof where short-term lodging rooms are provided for compensation and a full or continental breakfast is served. The operator of the inn must live in the house or in an adjacent structure.
BEST MANAGEMENT PRACTICE (BMP). A BMP utilizes appropriate measures, an activity or a structure, to control the quantity of stormwater runoff and to aid in the control of erosion and sediment.
BREWERY. A facility that commercially produces beers and similar beverages on site. A BREWERY is not considered a brewpub or tap room and must adhere to all applicable state laws that regulate breweries.
BREWPUB. A restaurant and limited-production beer producer that sells specialty beers on-site. A BREWPUB is not considered a brewery or tap room and must adhere to all applicable state laws that regulate brewpubs.
BUILDING. Any structure having a roof supported by columns or walls for the shelter or enclosure of persons, animals or property.
BUILDING FRONTAGE. The vertical wall area between the foundation and roof cornice on any side of a building facing a street and providing a customer entrance.
BUILDING, HEIGHT OF. The vertical distance from the finished grade to:
(1) The highest point of a flat roof, gable, hip and gambrel roofs; or
(2) The deck line of a mansard roof.
BUILDING SETBACK LINE. A line establishing the minimum allowable distance between the nearest portion of any building excluding unenclosed steps, gutters, and similar fixtures, and the property line/road right-of-way, when measured perpendicularly thereto. NOTE: Required bufferyards may increase the minimum allowable distance.
BUFFERYARD. A dedicated strip of land with natural or planted vegetation located adjacent to a property line(s) and/or road right-of-way(s) intended to separate and partially obstruct the sound and view of two adjacent land uses or properties from one another. A BUFFERYARD may include required fences, berms and plantings as contained herein.
CAMPGROUND. Any area, place, parcel or tract of land which is occupied or intended for occupancy and facilities are established or maintained, wholly or in part, for the overnight accommodations of outdoor camping units for periods not to exceed 15 days.
CAMPING UNIT. A cabin, cottage, tent, tent trailer, travel trailer, camping trailer, pickup camper or recreational vehicle used as temporary living quarters or shelter during periods of recreation, vacation, leisure time or travel. Manufactured homes are expressly prohibited.
CAMPSITE. Any designated area for camping within a campground used or intended for occupation by the camping unit.
CEMETERY. An area used, dedicated or designated for the burial of the deceased, including any one or combination of:
(1) Perpetual care cemeteries;
(2) Burial parks for earth interment;
(5) Graves and graveyards;
(6) Abandoned cemeteries.
CLUB. Buildings and facilities owned or operated by a corporation, association, person or persons for social, educational, or recreational purposes, but not for profit and do not render a service which is customarily carried on as a business.
CLUSTER SUBDIVISION. A form of development that provides reduced lot area while maintaining the same number of lots and overall density. Buildings are concentrated on a part of the site, permitting the remaining land area to be devoted to open space, active recreation areas, environmentally-sensitive land preserves or agriculture.
COMMERCIAL OUTDOOR RECREATION. A use that provides continuous or seasonal recreation/entertainment oriented activities. Activities are primarily outdoors, but may include ancillary indoor activities (restaurants, concessions, locker rooms, bathrooms, and the like). COMMERCIAL OUTDOOR RECREATION includes, but is not limited to, tennis courts, swimming pools, parks and play fields, golf courses, golf driving ranges, miniature golf courses, zip line facilities, natural public swimming areas, skate parks, basketball courts, frisbee golf courses, water parks, splash parks, go cart tracks, velodromes, batting ranges, hunt clubs, and climbing wall facilities.
COMPATIBLE. Buildings, structures, activities or uses that can coexist without infringing on the normal use and enjoyment of the adjacent properties.
COMPOST. A humus-like organic material, produced from composting, that has been stabilized to a degree that is potentially beneficial to plant growth and usable as a soil conditioner, top soil, growing medium amendment, or other similar uses to buffer the soil pH, improve soil aggregation and tilth, reduce erosion, enhance water infiltration and retention, increase soil porosity and aeration, slow the rate of temperature change in soil, provide food for soil microorganisms, or enhance availability of micronutrients in soils.
COMPOSTING. Processing organic material in a controlled environment to produce a stable product by microbiologically degrading organic matter under aerobic conditions.
COMPOSTING FACILITY. A facility where organic matter that is derived primarily from off-site is to be processed by composting and/or is processed for commercial purposes. Activities of a COMPOSTING FACILITY may include management, collection, transportation, staging, composting, curing, storage, marketing, or use of compost.
CONSERVATION AREAS. Areas that are reserved for agricultural, conservation or recreational purposes.
CONSTRUCTION VEHICLE. Vehicle weighing 2,000 pounds or more that is used for any off-site development activity, excluding licensed automobiles, vans or pickup trucks.
CONTIGUOUS. In contact with, abutting, adjoining, or touching another parcel or structure.
COTTAGE INDUSTRY. A home-based business that requires issuance of a special use permit and compliance with specific limitations established in § 155.498.
COUNTY ENGINEER. The appointed York County Engineer or designee.
DAY CARE FACILITIES. Includes:
(1) FAMILY DAY CARE HOME. A home in which care is given to no more than six children, including the day care parent’s own children, at any one time, and is registered or licensed as such with the South Carolina Department of Social Services.
(2) CHILD CARE CENTER. Will mean or include any home, center, agency, or place, however styled, where children not related to the operator are received for custodial care, apart from their parents whether for compensation, reward, or otherwise, during part or all of the day or night and upon any number of successive days or nights, and is registered or licensed as such with the South Carolina Department of Social Services. NOTE: This definition includes group day care homes.
DENSITY, GROSS. The number of dwelling units located or proposed to be located on a parcel divided by the area of the gross area of the parcel.
DENSITY, NET. The number of dwelling units divided by the net acreage of the residential and open space property. Net acreage shall be gross acreage minus land within floodways, wetlands or areas with a slope greater than 15%.
DEVELOPMENT. The planning for or carrying out of a building activity or mining operation, the making of a material change in the use or appearance of any structure or property, or the subdivision of land. DEVELOPMENT, as designated in a regulation or development permit, includes the planning for and all other activity customarily associated with it unless otherwise specified. When appropriate to the context, DEVELOPMENT refers to the planning for or the act of developing or to the result of development. Reference to a specific operation is not intended to mean that the operation or activity, when part of other operations or activities, is not DEVELOPMENT. Reference to particular operations is not intended to limit the generality of this item.
DEVELOPMENT PERMIT. Any of the following forms of development approvals pursuant to the zoning ordinance, subdivision regulations, annexation agreements, planned development master plan, or similar regulations:
(2) Any preliminary subdivision plat or final subdivision plat.
(3) Any site plan or planned development.
(4) Any variance, special use or special exception.
(5) Any zoning district boundary change, or any amendment to the Comprehensive Land Use Plan of York County, which increases the density or intensity of development, or which changes lot sizes or lot configurations.
(6) Any other permit, permission, master plan, plan, or approval issued by York County which authorizes development and which permit, permission, master plan, plan, or approval is not exempted.
DHEC. South Carolina Department of Health and Environmental Control.
DISTRICT. An area of land wherein regulations of this chapter are uniform.
DRIVE-THROUGH ESTABLISHMENT. An establishment that provides or is designed to provide goods or services to persons in their cars at a window in an area through which cars must pass.
DWELLING UNIT. A single unit providing independent living facilities for one or more persons, including provisions for living, sleeping, eating, cooking and sanitation.
DWELLING UNIT TYPES. As follows:
(1) APARTMENT. An apartment is a rented/leased, detached or attached, residential dwelling unit(s) located on property owned jointly known as common area. Common areas are deed restricted, indicating parking, access, yards, open space/bufferyards and maintenance arrangements of the property and amenities areas. Dwelling units and property cannot be individually owned.
(2) CONDOMINIUM. An individually owned, detached or attached, residential dwelling unit(s) located on property owned jointly known as common area. Common areas are deed restricted, indicating parking, access, yards, open space/bufferyards and maintenance arrangements of the property and amenities areas. Property cannot be conveyed with the unit(s).
(3) DUPLEX. A building (designed exclusively for residential purposes) with two dwelling units attached, each one having one common wall with the other. A duplex must be constructed on an individual lot with private yards on all four sides.
(4) MANUFACTURED HOME (“MOBILE HOME”). A single-family residence (designed exclusively for residential purposes) on an individual lot with private yards on all four sides. The manufactured home must be approved by the Secretary of the Department of Housing and Urban Development (HUD). The manufactured home (a structure transportable in one or more sections) must be a minimum of eight body feet or more in width and 32 body feet or more in length, and built on a permanent chassis designed with or without a permanent foundation when connected to required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. Sectional homes and “double wide homes” (consisting of two or more sections) must be factory-fabricated and designed specifically for the purpose of creating one single-family residence.
(5) MODULAR HOME. A single-family residence (designed exclusively for residential purposes) on an individual lot with private yards on all four sides. The MODULAR HOME is manufactured off-site and transported to the point of use for permanent erection. The MODULAR HOME must be approved by the South Carolina Building Code Council and set up in accordance with the Southern Building Code and South Carolina Modular Construction Act.
(6) PATIO HOME. A site-built structure designed exclusively for residential purposes, typically constructed on a reduced size lot that orients outdoor activity with rear or side yard patio areas for better use of the site for outdoor living space. Patio homes must have frontage on a public or private street or common open space maintained by a homeowners association. All patio homes fronting common open space must be vehicular accessible by an alley. All patio home lots must be able to accommodate at least two vehicles, either by attached or detached garages or parking pad and be a single-story structure.
(7) SINGLE-FAMILY RESIDENCE; DETACHED (“HOUSE”). A site-built, single-family residence (designed exclusively for residential purposes) constructed on an individual lot with private yards on all four sides. Requests for sections to be combined that are not specifically factory fabricated and designed to be connected as one unit are prohibited.
A row of two or more single-family attached dwelling units, each with its own outside entrance, which are joined together by a common wall located on a common property line. Property must be conveyed (with each dwelling unit) in accordance with the design standards contained herein and Chapter 154
, the York County Subdivision Ordinance, with the plat being recorded at the clerk of courts office after approval.
ENDANGERED OR THREATENED SPECIES. Any species appearing on an official state or federal list that is designated as endangered or threatened.
EQUESTRIAN USE. Any area, place, parcel or tract of land which is occupied or intended for occupancy, and in part, for use of horses and horsemanship.
EVENT VENUE. A commercial facility rented to individuals, groups, or organizations, and used to host gatherings such as, but not limited to, weddings, receptions, parties, meetings, and conferences. An event venue may be comprised of a permanent structure(s), temporary structure(s), uncovered outdoor gathering area(s), or any combination thereof. This definition does not include lodges, civic clubs, community centers, religious facilities, or publicly-owned facilities.
EVENT VENUE, LARGE CAPACITY. An event venue with a capacity greater than 100 people, as determined by applicable building code, fire code, and/or parking requirements.
EXOTIC ANIMALS. An animal that is a non-native species of York County.
FINAL DEVELOPMENT APPROVAL. The approval of a final subdivision plat; or, for uses or developments within subdivisions with an approved final subdivision plat or for uses and developments not requiring approval of a subdivision plat, the issuance of a building permit.
FINAL STABILIZATION. Final stabilization of a site means that all soil disturbing activities at the site have been completed and either of the two following criteria are met:
(1) A uniform (such as evenly distributed, without large bare areas) perennial vegetative cover with a density of 70% of the native background vegetative cover for the area has been established on all unpaved areas and areas not covered by permanent structures.
(2) Equivalent permanent stabilization measures (such as the use of rip-rap, gabions or geotextiles) have been employed.
FLOOD HAZARD AREA. Any area of the county so designated on FIA Flood Hazard Boundary Maps and included in the county’s floodplain management ordinance.
FRONTAGE. The frontage orientation of a structure to a street, measured along the street right-of- way line.
GROSS LEASABLE AREA (GLA). The floor area within buildings that may be rented for commercial, industrial or residential purposes. This area includes all spaces used for business operations or storage, but excludes the building’s mechanical and utility rooms that are not leased and cannot be used for purposes other than the operations of and maintenance of the building.
HEIGHT. For the purpose of determining the height limits in the airport zones as shown on the referenced height and hazard protection map, the datum will be mean sea level elevation unless otherwise specified. Elsewhere, the average level of the finished surface of the ground adjacent to the exterior walls will serve as the base for measurement.
HOME OCCUPATION. Any occupation, hobby or profession carried on by any member of the immediate family residing on the premises and having the following characteristics:
(1) The use is to be conducted entirely within the principal dwelling and will not exceed 25% of the floor area. Detached structures will not be used for home occupations;
(2) There will be no entrance or exit way specifically provided in the dwelling or on the premises for the conduct of a home occupation;
(3) No one other than residents of the dwelling will be employed in the conduct of a home occupation;
(4) There will be no associated outdoor activities or outdoor storage of materials or equipment related to the home occupation on the premises. The area used for indoor storage of materials and goods will be included in the 25% maximum floor area;
(5) No clients, customers, or visitors relating to the home occupation will be permitted at the home occupation, except for tutoring and music lessons, provided:
(a) No more than two pupils are on the premises at the same time (one person waiting while one person is being taught; and
(b) All vehicles must be parked a minimum of ten feet from the road right-of-way;
(6) There will be no products sold directly from the premises;
(7) Creates no disturbing or offensive noise, vibration, smoke, dust, odor, heat, glare, traffic hazard, unhealthy or unsightly conditions. In addition, any equipment or process will not create audible or visual interference in any radio or television receivers on any adjacent properties;
(8) Delivery and distribution of goods from commercial suppliers will be limited to between the hours of 8 a.m. and 5 p.m., Monday through Friday, with no semi-truck traffic;
(9) Is not visibly evident from outside the dwelling except for a sign, as provided by standards contained herein.
IDO. The Interim Development Ordinance of York County.
IMPERVIOUS SURFACE. Those surfaces that do not readily absorb rain. All buildings, parking areas, driveways, roads, sidewalks, and any areas covered with gravel, concrete and asphalt will be considered IMPERVIOUS SURFACES within this definition. In addition, other areas determined by the zoning administrator to be impervious within the meaning of this definition will also be classed as IMPERVIOUS SURFACES.
IMPERVIOUS SURFACE RATIO. A measure of the intensity of land use. It is determined by dividing the total area of all impervious surfaces within the site by the total site area.
INDUSTRIAL. The assembly, fabrication, processing, or distribution of goods and materials by means that ordinarily have greater than average impacts on the use and enjoyment of adjacent property in terms of noise, fumes, odors, glare, health and safety hazards, or that otherwise does not constitute “light manufacturing,” or any use where the area occupied by outdoor storage of goods and materials used in the assembly, fabrication, or processing exceeds 25% of the floor area of all buildings on the property.
INSTITUTION. A nonprofit organization or foundation for the care of indigent, delinquent, or dependent persons incapable of self maintenance.
INSTITUTIONAL AND CIVIC USE. Nonprofit, civic, religious or public uses such as libraries, public or private schools, hospitals, government owned or operated building, structure or land used for public purposes.
JUNK, SALVAGE, SCRAP, OR WRECKING YARDS. Any use involving the commercial storage, selling or processing of inoperable, disused, dismantled, or wrecked vehicles, equipment, or machinery or the storage or the processing of scrap metal, waste paper, rags, or other scrap, salvage, waste, or junk materials.
KENNEL; COMMERCIAL. An establishment licensed to operate a facility housing dogs, cats, or other household pets, and where grooming, breeding, boarding, training or selling of animals is conducted as a business. This includes the housing, keeping, and boarding of dogs, cats, or other household pets for animal adoption agencies.
KENNEL; PRIVATE. Any building(s) or structure(s) designed or arranged for the care of dogs, cats, or other household pets belonging to the owner of the principal use kept for the purposes of show, hunting, or as pets. NOTE: This does not include fenced yards, nor dog houses with a maximum combined area of 25 square feet.
(1) CELLULOSELANDFILL. A landfill solely for the disposal of vegetative matter. This includes land-clearing debris such as trees, wood chips, stumps, and brush, or yard trash generated from landscaping activities. May not accept, dispose of, or process other types of waste. Classified as a Class I landfill by DHEC.
(2) INERT LANDFILL. A landfill which disposes of solid wastes generated by construction, demolition, land-clearing, or industrial activities. This includes, but is not limited to, broken concrete, crushed stone, clay wastes, glass, earthen material, and nondurable, nonhazardous waste, such as ash and cinders. May additionally accept cellulose solid wastes. Inert waste may be processed for resale or recycling on a landfill as an accessory use, provided that the supplemental regulations for nonmetallic mineral product manufacturing are met, as set forth in § 155.162(B)(9). Classified as a Class II landfill by DHEC.
(3) SANITARY LANDFILL. A landfill which accepts household garbage, municipal solid waste, commercial waste, and nonhazardous industrial waste. Classified as a Class III landfill by DHEC.
LANDSCAPED AREA. An area that is permanently devoted to and maintained for the growing of shrubbery, grass and other plant material.
LEVEL OF SERVICE. The adopted performance standard for service delivery.
LIGHT INDUSTRIAL. The assembly, fabrication, or processing of goods and materials by means that ordinarily do not create noise, smoke, fumes, odors, glare, or health or safety hazards outside of the building or lot where the assembly, fabrication, or processing takes place; where the processing is housed entirely within a building; or where the area occupied by outdoor storage of goods and materials used in these processes does not exceed 25% of the floor area of all buildings on the property. LIGHT INDUSTRIAL will not include uses that constitute, “industrial,” hazardous material treatment and storage facilities, plating or enameling, petroleum and gas refining.
LIVESTOCK. Domestic animals, such as cattle or horses, raised for home use or for profit.
LOT. A single parcel or tract of land.
LOT; CORNER. A lot abutting upon the right-of-way of two or more streets at their intersection.
LOT; DOUBLE FRONTAGE. A lot having a frontage on two nonintersecting roads, as distinguished from a corner lot.
LOT OF RECORD. A lot or parcel of land, the plat or deed of which has been recorded at the York County Clerk of Court prior to the adoption of this chapter.
MAJOR RESOURCE EXTRACTION. Mining activities including more than five acres of land area, regardless of parcel size, or which will be in operation for more than one year.
MANUFACTURED HOME PARK OR COURT. Any site or parcel of land under one ownership where land is rented, utilities are provided and a special exception has been approved by the York County Zoning Board of Appeals for the installation or placement of manufactured homes. NOTE: Department of Health and Environmental Control (DHEC) records are used for verification of existing manufactured home parks prior to the adoption of the York County Zoning Ordinance.
MICRO WINERY. A facility where grapes or other fruit not typically grown on-site are processed into wine or similar spirits, and that produces no more than 1,500 finished gallons of wine or spirits per year. Such facilities include all aspects of production, including growing, crushing, fermenting, aging, blending, bottling, and storage, as well as administrative offices.
MINING. The process or business of extracting ore, minerals, sand, gravel, stone, clay and/or dirt from the earth’s surface, including borrow pits and/or sites. Ponds are not subject to mining requirements as here-in written. Ponds must be directly supplied by a perennial stream or the design mus be reviewed and recognized by the Natural Resources Conservation Service (NRCS) as a pond with a good probability of maintaining a high water level.
MINI-WAREHOUSE. A facility composed of one or multiple structures divided into sections for the use of storing items either temporary or long-term and not used for any other purpose (such as a small office, garage, and the like). Such a facility may include one accessory manager’s office which is clearly subordinate to the primary use of the facility for warehousing purposes.
MINOR RESOURCE EXTRACTION. Mining activities involving:
(1) Five acres or less of land area, regardless of total parcel size; and
(2) Which will be in operation for one year or less.
MITIGATION OR MITIGATE. An action taken by the applicant to comply with the additional standards and criteria prescribed by this chapter including, but not limited to, the provision by the applicant of the public facilities necessary to provide capacity to accommodate the proposed development.
MODULAR BUILDING OR STRUCTURE. A structure or building including the necessary electrical, plumbing, heating, ventilating, and other service systems, manufactured off-site and transported to the point of use for installation or erection, with or without other specified components,
as a finished building, and not designed for ready removal to another site. The term is applicable to all buildings or structures, including residential, commercial, industrial, institutional, and the like. When meeting the requirements of the Modular Building’s Construction Act (S.C. Code § 23-43), the building or structure may be located in any of the county’s several zoning districts.
NONCONFORMING USE. A use of land, building or premises that lawfully existed prior to the enactment of a zoning ordinance, and that is maintained after the effective date of such ordinance, even though it does not comply or even violates the use restrictions, limitations and prohibitions applicable to the area in which it is situated after the enactment of a zoning ordinance.
NONMETALLIC MINERAL PRODUCT MANUFACTURING (NAICS CODE 32). An industrial facility used for the manufacturing and production of Clay Product and Refractory Manufacturing (NAICS 3271); Glass and Glass Product Manufacturing (NAICS 3272); Cement and Concrete Product Manufacturing (NAICS 3273); Lime and Gypsum Product Manufacturing (NAICS 3274); and Other Nonmetallic Mineral Product Manufacturing (NAICS 3279). This includes facilities that engage in the recycling, storage, processing, resale, or reuse of recovered materials.
OVERLAY ZONE. A geographic zone, characterized as a buffer or overlay, which imposes additional requirements, limitations and prohibitions upon the underlying zoning district whose geographic boundaries do not coincide with the boundaries of the overlay or buffer area. In interpreting the regulations specified by the OVERLAY ZONE, its requirements are to take precedence and control over those set forth in the underlying district. Variances may not be granted to the geographic boundaries of the OVERLAY ZONE.
OPEN SPACE RATIO. A measure of the intensity of land use. It is arrived at by dividing the total amount of open space within the site by the total site area.
PAD SITE. The location for an independent commercial building that is located within a coordinated commercial center.
PARCEL. Any existing piece of land formally described and recorded with block and lot numbers, by metes and bounds, by ownership, or in a manner as to specifically identify the dimensions and/or boundaries under common title that may be transferred according to applicable laws and ordinances without further surveying or platting being required.
PARKING ASSOCIATED WITH § 155.446(Parking, Storage, and Use of Certain Vehicles). An area intended for the keeping of vehicles for up to seven consecutive days that are in service and used on a regular or recurring basis.
PARKING LOT/AREA. An open, unoccupied space used or required for use for parking of automobiles exclusively and in which no gasoline or automobile accessories are sold or no other business is conducted.
PARKING SPACE. An area permanently reserved for the temporary storage of one automobile and connected with a street or alley by a surfaced driveway that provides ingress and egress for automobiles.
PLAN, THE. The Comprehensive Plan and any other land use, facility, or growth related planning documents adopted the County Council.
PLANNING AND DEVELOPMENT SERVICES DIRECTOR. The appointed director of planning and development services or designee. Also referred to as the PLANNING DIRECTOR.
PLANNING COMMISSION. The York County Planning Commission.
PLANS. All drawings, including general plans, cross sections, profiles, working details and specifications, that the applicant is required to prepare to show the character, extent and details of proposed improvements.
PREMISES. A lot, together with all buildings and structures thereon.
PRIMARY ABUTTING STREET. The largest capacity street abutting a property. If two arterial streets abut a single site, both shall be considered primary abutting streets.
PRINCIPAL USE OR STRUCTURE. The predominant use of land or structures as distinguished from an accessory use or structure.
RACECOURSES. A facility where vehicles of any size, model aircraft and similar reduced-scale objects, or animals are raced for speed and/or endurance in which a trophy(s) (donations, money, ribbons, and the like) is given to participants. This definition includes nonprofit and profit organizations.
RECREATIONAL VEHICLE. A vehicular-type portable structure without a permanent foundation, which can be towed, hauled or driven and primarily designed as a temporary living accommodation for recreational camping travel use, including, but not limited to, travel trailers, truck campers, camping trailers and self-propelled motor homes. A RECREATION VEHICLE will not be considered a single- family dwelling.
RECREATIONAL VEHICLE PARK. A site or parcel of land under one ownership where land is rented and utilities are provided for the temporary parking of recreational vehicles. NOTE: Department of Health and Environmental Control (DHEC) records are used for verification of existing recreational vehicle parks prior to the adoption of the York County Zoning Ordinance.
REGULATIONS. As the term applies to the York County Code of Ordinances, the rules, requirements or other directives set forth within each chapter of the York County Code.
RESTAURANT. Any establishment, whether open to the public or operated as a private club, including drive-ins, whose primary business (51% of gross income) is serving meals prepared on the premises. In addition, menus must be available and table service provided to patrons when alcoholic beverages, including beer and wine, are served. Any defined portion of the restaurant where alcoholic beverages, including beer and wine, are served, but the purchase of food is optional, will clearly be subordinate to the main dining area where the purchase of food is expected and required by the operator. The sale of alcoholic beverages, including beer and wine, must be licensed by the State Alcoholic Beverage Commission.
RETAIL; CONVENIENCE. Convenience retail establishments are those providing convenience items and services to the general public, such as barber and beauty shops, grocery stores, hardware stores, and the like.
RETAIL; PRIMARY. Those retail establishments selling commodities in small quantities to the consumer, usually low bulk comparison items which are normally found in large regional shopping
centers, including department stores and stores selling general merchandise, variety merchandise, shoes, millinery, clothing, jewelry, and the like.
RETAIL; SECONDARY. Those retail establishments selling primarily one-stop shopping items, usually high bulk and very often more expensive items than those found in the primary retail establishments, including stores selling appliances, radios, televisions, floor coverings, furniture, and the like.
RIGHT-OF-WAY LINE. See Street Line.
ROADS OR STREETS. As follows:
(a) A major road or street is one designed principally to move traffic within the county, not to access property. Roads so classified in York County are defined as:
1. PRINCIPAL ARTERIAL - A roadway designed to serve statewide and interstate travel and connects urbanized areas, cities and towns. It is designed to accommodate moderate to high volumes of traffic at moderate to high speeds.
2. MINOR ARTERIAL - Links cities and towns and form an integrated network providing interstate, intrastate and intracounty service. Minor arterials are spaced at proper intervals so that all developed areas are within a reasonable distance of an arterial highway. It is designed to accommodate moderate volumes of traffic at moderate to high speeds.
3. MAJOR COLLECTOR - Serves urban areas and other traffic generators of intracounty importance that are not served by higher systems, and links these places with nearby towns and cities or with routes of higher classification. It is designed to carry moderate volumes of traffic at moderate speeds.
(2) MINOR. A road or street is one designed principally to provide property access, and includes all county and state maintained roads in York County not specifically designated as major.
SEASONAL ROADSIDE AGRICULTURAL AND PRODUCE STANDS. A temporary use, building or structure, not to exceed a covered area of 1,500 square feet, from which agricultural products are sold by an individual vendor.
SEXUAL ENCOUNTER ESTABLISHMENT. An establishment other than a hotel, motel, or similar establishment offering public accommodations, which for any form of consideration, provides a place where two or more persons may congregate, associate, or consort in connection with specific sexual activities or the exposure of specified anatomical areas. This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in sexual therapy.
SHOOTING RANGES. A rifle, pistol, skeet or trap range approved as a special exception by the York County Zoning Board of Appeals and operated by a recognized gun club meeting standards recommended by the National Rifle Association or any equivalent nationally recognized firearms’ safety authority for the type and caliber of firearms being fired.
SITE PLAN. A scale drawing showing the relationship between the lot lines and their uses, buildings or structures, existing or proposed on a lot, including such details as parking areas, access points, landscaped area, building areas, setbacks from lot lines, building heights, floor areas, densities, septic tank tile fields or existing and proposed water and sewer utility lines, utility lines, proposed detention basins, existing or proposed easements, or a special or particular use.
SOLAR ENERGY FACILITY. An energy generating facility or area principally used to convert solar energy to electricity, which includes, but is not limited to, the use of one or more solar energy systems. This definition shall exclude those facilities that are installed on the roof of a building, where the primary purpose of such building is not for the commercial production of solar energy.
SPECIFIED ANATOMICAL AREA. As used herein, SPECIFIED ANATOMICAL AREA means and includes any of the following;
(1) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or
(2) Human male genitals in a discernable turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES. As used herein, SPECIFIED SEXUAL ACTIVITIES means and includes any of the following;
(1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
(2) Sex acts, normal or perverted, actual or simulated, including, intercourse, oral copulation, or sodomy;
(3) Masturbation, actual or simulated;
(4) Excretory functions as part of or in connection with any of the activities set forth in subdivisions (1) through (3) of this definition.
STORAGE ASSOCIATED WITH § 155.446(Parking, Storage, and Use of Certain Vehicles). An area intended for the keeping of vehicles for more than seven days that are not in service or used on a regular or recurring basis.
STREET, DEAD END. Street having only one end open to vehicular traffic, also referred to as a court.
STREET, LINE. A dividing line between a lot, tract or parcel of land and an abutting street.
STREET, STUB. A street that is temporarily terminated but is planned for future continuation.
STRUCTURE. Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. Among other things,
include buildings, walls, signs and utilities (above ground tanks, towers, and the like). NOTE: Must comply with building setbacks.
STRUCTURAL ALTERATION. Any change, except those required by law or ordinance, which would prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams or girders, not including openings in bearing walls as permitted by other ordinances.
TAP ROOM. An accessory use and area intended to be incidental to a brewery and only allowed when a building permit has been obtained for a principal structure for a brewery, a principal structure has already been constructed for a brewery where the accessory tap room is to be located, or a building permit has been obtained for both a brewery and accessory tap room. Seventy-five percent (75%) of beers sold in a TAP ROOM must be produced on-site and limited amounts of water and sodas may be sold on-site. The sale of liquor and wine is prohibited and preparing and serving food is optional. A TAP ROOM is not considered a brewery or brewpub and must adhere to all applicable state laws that regulate tap rooms.
TRAFFIC IMPACT ANALYSIS. A report analyzing anticipated traffic and roadway conditions within and near an applicant’s development.
TRUCKING OPERATION. A facility for the dispatch, storage, and maintenance of operable trucks and trailers. The operation must have an on-site staffed dispatch office. The storage and assemblage of goods will not occur on-site.
USE, PERMITTED. A public or private use which of itself conforms with the purposes, objectives, requirements, regulations and performance standards of a particular zoning district.
USE, PRINCIPAL. The main use of land or buildings as distinguished from subordinate or accessory uses.
UTILITY; PUBLIC. Any agency which, under public franchise or ownership, provides the general public with electricity, gas, heat, steam, communication, rail transportation, water, sewage collection, or other services.
VIDEO POKER ESTABLISHMENT. Any establishment where one or more electronic video game machines, upon insertion of coins or cash, or tokens purchased for coins or cash, is available to play or simulate the play of games utilizing video displays and microprocessors in which a player may receive free games or credits that can be redeemed for cash.
WETLANDS. Natural areas, identified by the federal government as wetlands, that are normally covered in water for all or part of the year which result in a rich combination of environmental features which contain a wide variety of plants and wildlife.
(1) Type I. A facility where grapes or other fruit are processed into wine or similar spirits. Such facilities include all aspects of production, including growing, crushing, fermenting, aging, blending, bottling, and storage, as well as administrative offices.
(2) Type II. A facility meeting the definition of Winery Type I and hosting special events, outdoor events, and/or conducting retail sales.
YARD. An unoccupied area of a lot, open and unobstructed from the ground to the sky, except as otherwise provided in this chapter.
YARD; FRONT. A yard across the full width of the lot extending from the front line of the main building to the front line of the lot or road right-of-way. On corner lots, the front yard will face the shortest street dimension of the lot, except that if the lot is square or almost square, then the front yard may face either street. Front yards for lots without county or state maintained road frontage will be established as the property line dissected by the driveway.
YARD; REAR. A yard extending the full width of the lot between the main building and rear lot line.
YARD; SIDE. A yard between the main building and the side line of the lot, and extending from the front yard line to the rear yard line.
ZONING ADMINISTRATOR. The individual designated to administer the zoning ordinance and who is responsible for the enforcement of the regulations imposed by the ordinance.
ZONING ORDINANCE. The officially adopted York County Zoning and Development Standards Ordinance.
(‘77 Code, § 19-36) (Ord. passed 1-3-00; Am. Ord. 701, passed 3-5-01; Am. Ord. 5101, passed 9-17-01; Am. Ord. 3104, passed 11-8-04; Am. Ord. 3506, passed 9-18-06; Am. Ord. 907, passed 6-18-07; Am. Ord. 2911, passed 9-19-11; Am. Ord. 513, passed 3-18-13; Am. Ord. 713, passed 3-18-13; Am. Ord. 4913, passed 11-4-13; Am. Ord. 5015, passed 12-21-15; Am. Ord. 2916, passed 6-20-16; Am. Ord. 3016, passed 6-20-16; Am. Ord. 4416, passed 8-15-16; Am. Ord. 5117, passed 9-5-17; Am. Ord. 1318, passed 11-20-17; Am. Ord. 3418, passed 5-21-18; Am. Ord. 3718, passed 5-21-18; Am. Ord. 3018, passed 6-18-18; Am. Ord. 3518, passed 7-16-18; Am. Ord. 1619, passed 5-6-19; Am. Ord. 4919, passed 10-21-19; Am. Ord. 5119, passed 10-21-19)
§ 155.010 PERMITTED USES AND SPECIAL EXCEPTIONS.
§ 155.010 PERMITTED USES AND SPECIAL EXCEPTIONS.
(A) The uses listed within the Table of Permitted Uses and Special Exceptions is created to serve as an illustrative guide and all uses set forth in applicable zoning districts shall be permitted only in the zoning district where it is listed, and only in the manner so listed. If there is a conflict between the table and permitted uses/special exceptions set forth in applicable zoning districts, the language in the applicable zoning district sections will determine the permitted uses/special exceptions within the district. Any use not listed within applicable zoning districts is prohibited.
(1) P: A permitted use in the listed zoning district.
(2) SE: A use requiring a special exception to be approved by the York County Zoning Board of Appeals.
(3) A: A use accessory to a primary use.
(4) Supplemental Regulations: Additional requirements required for approval.
(B) Accessory buildings and uses, temporary uses, and home occupations are customarily incidental to existing permitted uses for all zoning districts. Refer to the requirements per zoning district.
(C) Requirements of the Planned Development District (PD) are provided in §§ 155.205
and Traditional Neighborhood District (TND) are provided in §§ 155.225
(D) Requirements of public service uses are provided in § 155.497
(E) Requirements of communication towers in certain zoning districts are provided in §§ 155.510
(F) The Table of Permitted Uses and Special Exceptions will be updated as County Council approves the addition or deletion of permitted uses and special exceptions where applicable.