York County adopts rules for sexually oriented businesses; approves tourist home at 606 Main Street

York County's Board of Supervisors adopted Ordinance 25-1 on Jan. 21 to add definitions and operating standards for sexually oriented businesses to the county zoning code and approved a separate special-use permit authorizing a tourist home at 606 Main Street.

Planning staff told the board the amendments add an umbrella definition for sexually oriented businesses (SOBs) and several sub-definitions; prohibit SOBs as home occupations; and allow SOBs only by special-use permit in General Business (GB) and Economic Opportunity (EO) zones. The ordinance establishes separation distances of 1,000 feet from schools and day-care facilities and 500 feet from residential zoning, places of worship, parks, motels and other SOBs. The rules also require interior visibility limits, security and operational standards, and require owners to submit signage and floor-plan renderings with any permit application. Planning staff noted the rules were designed to be content neutral to avoid First Amendment conflict.

"The goal of these regulations is to mitigate potential secondary impacts with reasonable operating, separation and visibility requirements," a planning staff member said (presentation, Jan. 21). The Planning Commission unanimously recommended approval at its December meeting.

Supervisor Holroyd moved to adopt Ordinance 25-1. After discussion, the board voted by roll call to adopt the ordinance; the vote was recorded as affirmative by the supervisors present.

On a separate matter, the board adopted Resolution R25-8 approving a special-use permit to convert an existing single-family dwelling at 606 Main Street into a tourist home. Staff reported the applicant, Yorktown Main Street LLC (manager on site across Smith Street at Hornsby House Inn), will restrict the property to whole-house rentals, limit occupancy to four guests, set minimum stays at two nights and prohibit on-site advertising signs as a condition of approval. Planning staff said the Hornsby House Inn management will provide on-site oversight and that parking for three vehicles is available on the parcel. The resolution passed on a recorded vote.

What the board said: Several supervisors praised planning staff for the research and maps used to set distances and standards. Some board members said shorter operating hours (a 10 p.m. curfew) might be appropriate; staff had proposed an 11 p.m. closing time as part of the performance standards but the final adopted ordinance keeps the staff-recommended hours. County counsel noted the ordinance avoids an outright ban and instead uses time, place and manner regulation to reduce legal risk while allowing the county to address local impacts.

Votes at a glance - Ordinance 25-1 (zoning amendments to regulate sexually oriented businesses): Moved by Supervisor Holroyd; adopted by roll call (affirmative votes recorded). Motion details: adopt Chapter 24.1 amendments; outcome: approved. - Resolution R25-8 (special-use permit for a tourist home at 606 Main Street): Moved and approved by roll call; conditions: whole-house rental, maximum four guests, two-night minimum stay, no advertising signs; outcome: approved.

Why it matters: The measures create the county's first comprehensive local regulations for SOBs, clarifying where such businesses can locate and what operating rules will apply. The tourist-home decision affects short-term rental regulation specifically within the Yorktown Village activity district, where the county has already applied separate standards.

Provenance: Planning-staff presentation and ordinance debate and roll call recorded on Jan. 21 (planning presentation beginning at 01:49:47; ordinance adoption roll call beginning at 02:12:16).