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Home My WebLink About3/25/1986 - Regular ~~ 542 Roanoke County Board of Supervisors Roanoke County Administration Cente 3738 Brambleton Avenue, SW Roanoke, Virginia 24015 March 25, 1986 The Roanoke County Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the fourth Tuesday, and the second regularly scheduled meeting of the month of March, 1985. IN RE: CALL TO ORDER Chairman Brittle called the meeting to order at 3:01 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Alan H. Brittle; Vice-Chairman Bo Johnson; Supervisors Harry C. Nickens, Steven A. McGraw, and Lee Garrett MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator, John Chambliss, Assistant County Administrator of Management Services; John Hubbard, Assistant County Administrator of Public Facilities; Keith Cook, Director of Human Resources; Kathy Claytor, Human Resources; Sheriff O. S. Foster; John Willey, County Assessor; Tim Gubala, Assistant County Administrator of Community Development; Jim Lehe, Department of Development; John Peters, Public Facilities; Sally Turner, Administrative Analyst; Bobbie Hall, Deput Clerk; Mary H. Allen, County Administrator's staff IN RE: OPENING CEREMONIES The invocation was given by Reverend David Boger of Calvary United Methodist Church. The Pledge of Allegiance was recited by all present. IN RE: COUNTY ADMINISTRATOR'S COMMENTS ~ 4:3 tß March 25, 1986 Elmer C. Hodge, County Administrator, announced that the County's Cortran program has been selected as a winner of the 1985-1986 National Organization on Disability National Community Award. Mr. Hodge also announced that Ms. Debbie Austin of Parks and Recreation will appear on Perspective on March 28, 1986, at 12:25 p.m. IN RE: REQUESTS TO POSTPONE, ADD, OR CHANGE THE ORDER OF THE AGENDA ITEMS Mr. Hodge requested that Item F2 (Sheretz v. the Board of Supervisors) be postponed until the evening session. He also requested that an Item F7 (Treasurer's Request to Borrow in Anticipation of Taxes) be added to the agenda. Chairman Brittle announced that the legal ad for personal property and machine and tools tax rates was incorrect and will not be heard this evening. The legal ad has been corrected and the public hearing will be held on April 8, 1986, at 3:00 p.m. Chairman Brittle also announced that Items D2 and D3 would be presented at the evening session. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS Chairman Brittle presented a proclamation to Mrs. May Johnson, declaring the month of April, 1986, as Child Abuse prevention Month. Supervisor Brittle moved to approve the proclamation, the motion was seconded by Supervisor McGraw and carried by a unanimous voice vote. PROCLAMA TION WHEREAS, the incidence and prevalence of child abuse and neglect have reached alarming proportions in the United 544 March 25, 1986 States, where 12,213 cases of child abuse and neglect were substantiated in Virginia during fiscal year 1984-85; and WHEREAS, Virginia faces a continuing need to support innovative programs to prevent child abuse and assist parents and family members when child abuse occurs; and WHEREAS, Congress has expressed its commitment to seeking and applying solutions to this problem by establishing April as Child Abuse Prevention Month nationwide; and WHEREAS, in Virginia, we have dedicated individuals and organizations who work daily to counter the problem of child abuse and neglect and to help parents obtain the assistance they need; and WHEREAS, it is vital that we join forces to reach out to parents and children and prevent the reoccurrence of child abuse and neglect; and WHEREAS, it is appropriate and fitting to focus attention upon the problem of child abuse and neglect in Virginia; NOW, THEREFORE, I, Alan H. Brittle, Chairman of the Roanoke County Board of Supervisors, do hereby proclaim the month of April, 1986, as CHILD ABUSE PREVENTION MONTH in Roanoke County and call upon our citizens to observe the month with appropriate programs, ceremonies, and activities. IN RE: NEW BUSINESS 1. Information Presentation on the Airport Expansion - Mr. Kit Kaiser of Roanoke City and Mr. Edward Beale of Delta Associates presented the master plan of the proposed airport expansion. 2. Authorization for the County Attorney to settle the Sheretz vs. the Board of Supervisors Case - Held over to the evening session. ---- 54 March 25, 1986 3. Authorization for the County Attornev to Settle the city of Salem vs. Roanoke County and the Roanoke County School Board - Paul Mahoney, County Attorney, requested that the Board authorize him to endorse an Order and to take such action as may be necessary to settle and resolve this litigation. The proposed settlement is a compromise between the City of Salem and the County of Roanoke in which the City of Salem will pay to the County approximately $95,000 in final settlement of certain financial issues. This matter has been discussed with the School Board and they concur with Mr. Mahoney's recommendation. Supervisor Nickens moved to authorize the County Attorney to execute an Order and to take such action as may be necessary to settle and resolve this litigation. The motion was seconded by Supervisor McGraw and carried by the following recorded vote: AYES: Supervisors Nickens, McGraw, Garrett, Johnson, and Brittle NAYS: None 4. Request from the Treasurer to assess a $20.00 Fee for the Return of Checks not Paid by the Bank - It was reported that the $15.00 fee presently charged for returned checks does not cover the handling cost. The State Code allows a fee of $20.00 to be charged to cover the cost of handling these returned checks The staff requested that the County Attorney be authorized to advertise for a public hearing to amend Section 2-3 of the Roanoke County Code to accomplish this charge. Supervisor Brittle moved to approve the staff's request The motion was seconded by Supervisor Nickens and carried by the following recorded vote: AYES: Supervisors Nickens, McGraw, Garrett, Johnson, and Brittle NAYS: None 5. Request for Sale of Surplus Fire Trucks - A report was presented to the Board requesting permission to sell two surplus fire trucks (one 1968 GMC F403 and one 1969 FMC F404). ---- 546 March 25, 1986 One bid was received, that of Fire Master Fire Apparatus in the amount of $7,850.00 for both vehicles. The Fire and Emergency Services Coordinator recommends acceptance of this bid and has requested that these funds be transferred to the Fire and Emergency Services budget for the purchase of a vehicle. Supervisor McGraw moved to approve the request. The motion was seconded by Supervisor Johnson and carried by the following recorded vote: AYES: Supervisors Nickens, McGraw, Garrett, JOhnson, and Brittle NAYS: None 6. Request for the Sheriff for the State Compensation Board to Assume Salaries for Certain Sheriff's Department Personnel - Sheriff O. S. Foster was present requesting that the Board support his request for the State Compensation Board to assume the salaries of one clerical employee, one secretary, three dispatchers, and one court bailiff in addition to the salaries already covered by the State Compensation Board. Supervisor Johnson moved to approve the prepared resolution. The motion was seconded by Supervisor McGraw. RESOLUTION 3-25-86-69 OF SUPPORT FOR THE BUDGETS OF THE CONSTITUTIONAL OFFICERS SUBMITTED TO THE STATE COMPENSATION BOARD FOR FY 86-87 BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board of Supervisors hereby supports the Constitutional Officers of Roanoke County, Virginia, and the annual budgets that they have submitted to the State Compensation Board for FY 1986-87. Further the Board hereby requests the State Compensation Board to approve and fund these budgets as submitted. 2. That the Deputy Clerk is directed to send certified copies of this Resolution to the Executive Secretary of the State Compensation Board and to each of the Constitutional Officers for Roanoke County, Virginia. ---- 547 March 25, 1986 On motion of Supervisor Johnson, seconded by Supervisor McGraw and the following recorded vote: AYES: Supervisors Nickens, McGraw, Garrett, Johnson, and Brittle NAYS: None 7. Request of the Treasurer to Borrow in Anticipation of Taxes - Alfred C. Anderson, Roanoke County Treasurer, was present to request permission to borrow $3,000,000 to meet casual deficits in the revenue of the County in anticipation of the collection of revenue. Supervisor Garrett moved to approve the prepared resolution. The motion was seconded by Supervisor McGraw. RESOLUTION 3-25-86-70 AUTHORIZING CREATION OF DEBT IN ANTICIPATION OF REVENUE BE IT RESOLVED by the Board of Supervisors of Roanoke County, virginia, as follows: 1. That the Treasurer of Roanoke County, Alfred C. Anderson, is hereby authorized to borrow a sum of money not to exceed Three Million Dollars ($3,000,000), by the creation of a debt in anticipation of the collection of the revenue of the County, in order to meet casual deficits in the revenue of the County; and 2. That said borrowing will not exceed one-half of the amount reasonably anticipated to be produced by the County levy to be collected during the current fiscal year. Further said borrowing is specifically authorized by the provisions of Section 15.1-545 of the 1950 Code of virginia, as amended; and 3. That the Treasurer of Roanoke County is authorized to execute such documents necessary to accomplish the purposes of this resolution, upon the utilization of competitive principles and upon the approval of said documents by the County Attorney. On motion of Supervisor Garrett, seconded by Supervisor McGraw and the following recorded vote: AYES: Supervisors Nickens, McGraw, Garrett, Johnson, and Brittle 548 March 25, 1986 AYS: None N RE: REQUESTS FOR PUBLIC HEARINGS 1. Request for a Public Hearing for Citizen Comment on he 1986-87 Bud et - John Chambliss, Assistant County dministrator of Management Services, requested that the Board llow him to advertise the public hearing for citizen comment on budget for 7:00 p.m. on April 22, 1986. Supervisor Nickens moved to approve the advertisement f this public hearing. The motion was seconded by Supervisor and carried by the following recorded vote: Supervisors Nickens, McGraw, Garrett, Johnson, and Brittle None 2. Request for a Public Hearing to Set the Real Estate - Mr. Chambliss also requested approval to schedule a hearing on April 22, 1986, at 7:00 p.m. to set the real state tax rate not to exceed $1.15 which is the same as the rate Supervisor Nickens moved to approve the advertisement f this public hearing. The motion was seconded by Supervisor rittle and carried by the following recorded vote: Supervisors Nickens, McGraw, Garrett, Johnson, and Brittle None Mr. Chambliss reported to the Board that the bond sale ate has been scheduled for April 15, 1986. N RE: APPOINTMENTS 1. Court Service Unit Advisory Council/Youth and Services Advisor Board - Supervisor Johnson nominated Ms. arilyn Morehead for reappointment to this Board. 54 - March 25, 1986 2. Transportation and Safety commission - Supervisor Garrett nominated Sergeant Dalton Jessup for reappointment, and Supervisor Brittle nominated Dr. Marc platt for reappointment to this committee. Supervisor Brittle moved to approve all nominations. The motion was seconded by Supervisor Nickens and carried by the following recorded vote: AYES: Supervisors Nickens, McGraw, Garrett, Johnson, and Brittle NAYS: None IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Supervisor Johnson - Supervisor Johnson suggested that an "Employee of the Month" incentive program be started in the County. He also suggested that the "Employee of the Month" could eventually lead to an "Employee of the Year" award. Supervisor Johnson also inquired about using schools for projgrams sponsored by the Parks and Recreation Department. County Administrator, Elmer C. Hodge, reported that it would have to be worked out with the School Board. 2. Supervisor McGraw - Supervisor McGraw inquired about screening and buffering at the Cove Road site of Youth Haven II where the School Board has been storing some of their equipment. 3. Supervisor Brittle - Supervisor Brittle directed Mr. Hodge to present a report at the April 8, 1986, Board meeting on the $2.00 fee being charged to the senior citizens at the Ogden Senior Citizens flea market. IN RE: CONSENT AGENDA Supervisor Brittle moved to approve the Consent Agenda. The motion was seconded by Supervisor Johnson. 55 March 25, 1986 RESOLUTION NO. 3-25-86-74 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM K - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: I. That that certain section of the agenda of the Board of Supervisors for March 25, 1986, designated as Item K _ Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 6, inclusive, as follows: 1. Minutes of Meeting - March 11, 1986 2. Request for a Raffle Permit from the Cave Spring American Little League. Reviewed by the Commissioner of Revenue. 3. Letters dated March 3, 1986 and March 12, 1986 from Oscar K. Mabry, Va. Dept of Highways & Transportation acknowledging the addition of Scenic Hills Drive in the Kristle Kreek subdivision, Centurion Road and Century Drive in the Century Estates subdivision into the Secondary System. 4. Report on the Old Courthouse renovation. 5. Revision of the Employee Handbook concerning inclement weather policy. - Resolution. 6. Correspondence from the Solid Waste Management Board. 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Brittle, seconded by Supervisor Johnson and upon the following recorded vote: AYES: Supervisors Nickens, McGraw, Garrett, Johnson, and Brittle NAYS: None RESOLUTION 3-25-86-74.A AUTHORIZING THE COUNTY ADMINISTRATOR TO CONTRACT FOR ARCHITECTURAL SERVICES (SCHEMATIC PHASE) FOR THE OLD ROANOKE COUNTY COURTHOUSE BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: -_._---~---_._._-_...---- 5 5" 1 "-- ..~. March 25, 1986 1. That the County Administrator is hereby authorized to execute an agreement, upon the approval of the County Attorney as to form, with the architectural firm of Browne, Eichman, Dalgliesh and Gilpin, P.C. for professional architectural services for the schematic phase of the renovation of the old Roanoke County Courthouse; and 2. That these professional services shall not exceed the sum of $13,000 plus reimbursable costs not to exceed $2,000. These funds are available in Account No. 16-6-60180-0-10021. On motion of Supervisor Brittle, seconded by Supervisor Johnson and the following roll call vote: AYES: Supervisors Nickens, McGraw, Garrett, Johnson, and Brittle NAYS: None RESOLUTION NO. 3-25-86-74.B APPROVING AMENDMENTS TO THE ROANOKE COUNTY EMPLOYEE HANDBOOK BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, that Section VI-D of the Roanoke County Employee Handbook be amended as follows: VI. Administrative policies D. Inclement Weather Policy Employees are responsible for reporting to work on time regardless of weather conditions. When conditions exist, such as snow, ice, or other storms that cause transportation or reporting to work problems, the employee must contact his or her immediate supervisor. If in the supervisor's opinion, the employee is not required, the supervisor may permit the employee to take annual leave or compensatory time as appropriate. An employee's failure to report an absence will be considered a Group Two Offense of the Conduct Standards. If the employee is required to work, all time absent will be without pay. No employee shall be granted leave if it requires another employee to work overtime, unless approved by the department head, constitutional officer or other appropriate County official. In extreme weather conditions, some or all County offices may be closed, as determined by the County Administrator. When ~h±5-oee~r5ï-~he-!oea!-rad±o-afld-~e!e~±5±Ofl-stations will o~flee-~he-e!o5±fl9-or-!a~er-opefl±fl9-o£-~he-o££±ee5---ann employees will be notified through their supervisor or the local media as appropriate. ~ 552 March 25, 1986 Essential personnel are those employees who must report to work during inclement weather, regardless of authorized closings. A roster of essential personnel shall be posted and maintained in all affected County offices, departments, and divisions. This roster must be approved and updated periodically by the appro- priate department head, constitutional officer, or other County official. A copy of all approved rosters shall be forwarded by the appropriate department head, constitutional officer, or other County official and maintained in the Department of Human ee5~--B55efl~±a!-per50flfle!-w±!!-reee±~e-eompefl5a~ORysbmme --------------------------------------------------------- d~Ðí~gi£-e!±~mbie~±èeèeeæešœft~8yo£±œe~øev-ð6ntseworked Nonexempt essential personnel who are required to work during authorized closings will receive payment at the regular hourly rate for all hours worked, in addition to their regular salary. Exempt essential personnel who are required to work will receive compensatory time, if eligible, for all hours worked in addition to their regular salary. Employees who are not considered essential personnel will not be required to report to work and will not be penalized during authorized closings. Employees other than essential personnel will not receive additional payment or compensatory time, as appropriate, unless authorized or approved by the immediate supervisor. On motion of Supervisor Brittle, seconded by Supervisor Johnson and the following recorded vote: AYES: Supervisors Nickens, McGraw, Garrett, Johnson, and Brittle NAYS: None IN RE: EXECUTIVE SESSION Supervisor Nickens moved to go into Executive Session pursuant to the Code of Virginia 2.1-344 (a) (2) and (6). The motion was seconded by Supervisor Johnson and carried by a unanimous voice vote. IN RE: OPEN SESSION Supervisor McGraw moved to return to Open Session at 5:35 p.m. The motion was seconded by Supervisor Johnson and carried by a unanimous voice vote. ~ I 50 5~ð ~ March 25, 1986 IN RE: DINNER RECESS Chairman Brittle declared a dinner recess at 5:35 p.m. IN RE: CALL TO ORDER Chairman Brittle called the meeting to order at 7:01 p.m. The roll call was taken: MEMBERS PRESENT: Chairman Alan H. Brittle; Vice-Chairman Bob Johnson; Supervisors Harry C. Nickens, Steven A. McGraw, and Lee Garrett MEMBERS ABSENT: None IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS (CONTINUED FROM AFTERNOON SESSION) 1. Resolution of Congratulations to the Glenvar Rocketts Girls Basketball Team for Winning the Age 10 and Under District Championship - Chairman Brittle presented this resolution of appreciation to the Rocketts and certificates of appreciation to each team member and their coaches. Supervisor McGraw moved to approve the prepared resolution. The motion was seconded by Supervisor Johnson. RESOLUTION 3-25-86-67 COMMENDING AND CONGRATULATING THE MEMBERS AND COACHES OF THE GLENVAR ROCKETTS UPON WINNING THE VIRGINIA RECREATION AND PARKS SOCIETY PIGTAIL DISTRICT CHAMPIONSHIP IN THE TEN AND UNDER AGE GROUP BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: WHEREAS, the Glenvar Rocketts recently won the virginia Recreation and Parks Society Pigtail District Championship in the ten and under age group; and WHEREAS, they qualified for participation in the District Championship by first winning the Roanoke County League Division with a 10-1 season. 554 March 25, 1986 WHEREAS, the County Board of Supervisors likewise applaud and appreciate the dedication and expenditure of time and energy on the part of Coaches Dennis Hall and David Price. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, that the Glenvar Rocketts: Jennifer Simmons, Sabrina Edwards, Christi Barci, Melissa Frick, Bobbie Jo Wright, Sebri Leah, Kim Huffman, Nikki Hall, Christy Phlegar, and Erica Winstead, and their coaches, Dennis Hall and David Price, be individually and collectively recognized for the outstanding achievement of winning the Virginia Recreation and Parks Society Pigtail District Championship in the ten and under age group. On motion of Supervisor McGraw, seconded by Supervisor Johnson and upon the following recorded vote: AYES: Supervisors Nickens, McGraw, Garrett, Johnson, and Brittle NAYS: None 2. Resolution of Congratulations to the Glenvar Bobcats Girls Basketball Team for Winning the Age 11 and 12 District Championship - Chairman Brittle presented this resolution to the Bobcats and certificates of appreciation to each team member and their coaches. Supervisor McGraw moved to approve the prepared resolution. The motion was seconded by Supervisor Johnson. RESOLUTION 3-25-86-68 COMMENDING AND CONGRATULATING THE MEMBERS AND COACHES OF THE GLENVAR BOBCATS UPON WINNING THE VIRGINIA RECREATION AND PARKS SOCIETY GIRLS DISTRICT BASKETBALL CHAMPIONSHIP OF SOUTHWEST VIRGINIA IN THE ELEVEN AND TWELVE AGE GROUP BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: WHEREAS, the Glenvar Bobcats recently won the Virginia Recreation and Parks Society Girls District Basketball Championship of Southwest Virginia in the eleven and twelve age group; and ---- 5 5~. March 25, 1986 WHEREAS, as a result of this achievement in strong competition with teams from throughout the area, the Glenvar Bobcats qualify to represent Roanoke County at the Second Annual Youth State Basketball Tournament. WHEREAS, the County Board of Supervisors likewise applaud and appreciate the dedication and expenditure of time and energy on the part of Coaches Tom Isenhart and Jack Beason. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, that the Glenvar Bobcats: Cammi Beason, Dana Chaszar, Staci Setzer, Yvette Allen, Tami Schaffer, Kim Jackson, Emily Ferguson, Valerie Smelzer, Christi Horton, and Sara Isenhart,and their coaches, Tom Isenhart and Jack Beason, be individually and collectively recognized for the outstanding achievement of winning the Girls District Basketball Championship of Southwest Virginia in the eleven and twelve age group; and BE IT THEREFORE FURTHER RESOLVED that this County Board of Supervisors extend best wishes to the Glenvar Bobcats. On motion of Supervisor McGraw, seconded by Supervisor Johnson and the following roll call vote: AYES: supervisors Nickens, McGraw, Garrett, Johnson, and Brittle NAYS: None IN RE: NEW BUSINESS (CONTINUED FROM AFTERNOON SESSION) 1. Authorization for County Attorney to Settle the Sheretz v. the Board of Supervisors Case - Supervisor Garrett directed staff to make a more in depth study of the situation and report back to the Board at the April 22, 1986, Board meeting. Supervisor Garrett moved to delay this matter until April 22, 1986. The motion was seconded by Supervisor Brittle and carried by the following roll call vote: AYES: Supervisors Nickens, McGraw, Garrett, Johnson, and Brittle '556 March 25, 1986 NAYS: None Mr. Hodge reported that he and the staff will evaluate all alternatives to solving this problem. IN RE: MISCELLANEOUS ITEMS Supervisor McGraw moved to purchase a 1/2 acre of land adjacent to the Masons Cove Fire Station on Route 864 for $9,000 and to authorize the County Attorney to strike the appropriate resolution in the minutes. The motion was seconded by Supervisor Nickens. RESOLUTION 3-26-86-81 AUTHORIZING THE ACQUISITION OF REAL ESTATE ADJACENT TO THE MASON COVE FIRE STATION BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the purchase of the following real estate adjacent to the Mason Cove Fire Station be, and hereby is, approved as follows: a) a parcel of real estate approximately 100' x 260' which is a portion of Tax Map No. 15.02-1-34 from Oval and Charles Gillespie for $9,000 plus a wall of white pines to screen the remainder of their property from the fire station; and 2. That the County Administrator is hereby authorized and directed to execute the necessary documents, upon a form approved by the County Attorney, to accomplish this purchase. On motion of Supervisor McGraw, seconded by Supervisor Nickens and the following recorded vote: AYES: Supervisors Nickens, McGraw, Garrett, Johnson, and Brittle NAYS: None Resolution Number 3-25-86-75 _._1 ~ _5 ¡"Çi 'iJ u t March 25, 1986 On rrotion rrade by Supervisor McGraw, seconded by Supervisor Nickens, the eral Appropriation Resolution of Roanoke County, Virginia, adopted June 11, 985 be, and is the same hereby amended as follows to becane effective as of the te of the adoption of this resolution. INCREASE DESCRIPTION ACCOUNT NUMBER (DEX::RE1\SE) Expenditure Capi tal bject: M3.son' s Cove Public Safety Building 16-6-90101-0-00000 $9,000 lass: Revenue Capi tal Transfer from General Fund 16-5-51030-0-00000 9,000 EXpenditure General bject: Transfer to Capital 03-6-09316-0-90016 9,000 lass: Revenue d: General bject: Bond Proceeds 03-5-41040-0-10000 9,000 appropriate bond funds for purchase of land for M:ison Cove Public Safety rrotion of Supervisor McGraw, seconded by Supervisor Nickens and the following 011 call vote: AYES: Supervisors Nickens, McGraw, Garrett, Johnson, and Brittle NAYS: None IN RE: PUBLIC HEARINGS March 25, 1986 55 Public Hearing to receive citizen comment for items which should be considered for inclusion in the 1986-87 budget. Ms. Doris Boitnott, 716 Sterling Road, Roanoke, Virginia, 24014, was present to request more funding for the teachers' salaries. Ms. Becky Rowe, 108 Cascade Drive, Vinton, Virginia, 24179, President of the Roanoke County Education Association, was present requesting more money for teachers' salaries. Ms. Marion G. Roark, 5844 Glenvar Heights, Salem, Virginia, President of the Roanoke County PTA, was present requesting more funding for schools. Mr. Lee Samuelson, 2022 Cantle Lane, SW, Roanoke, Virginia, was present requesting more funding for schools, but asked that the Board place the funding in other areas besides teachers' salaries. Mr. William T. McAuley, 3951 Chaparral Drive, Roanoke, Virginia, 24018, was present opposing more funding for schools. Mr. Michael Higgins, 8395 Willow Ridge Road, Roanoke, Virginia, 24019, was present requesting more funding for teachers' salaries. Mr. David Layman, 2310 Sourwood Street, Roanoke, Virginia, 24012, was also present to request more funding for teachers' salaries. County Administrator, Elmer C. Hodge, gave a brief report of the previous budget work sessions. Supervisor Nickens reported that out of $1.1 million of local monies, $600,000 has been made available to the schools. He reminded everyone that this is over 50 percent of what was received and that it would be non-recurring monies and will not be available next year. He also reported that the Board earlier made a commitment to fund education as a top priority and has done so. 5~ ,u March 25, 1986 Petition of James M. and Florastine C. Blankenship for a Special Exception permit to place a mobile home at the terminus of State Route 603 Extension in the Catawba Magisterial District. APPROVED Ms. Florastine C. Blankenship was present to answer any questions the Board might have. There was no one present in opposition. Supervisor McGraw moved to approve the Special Exception Permit to place the mobile home. The motion was seconded by Supervisor Johnson and carried by the following roll call vote: AYES: Supervisors Nickens, McGraw, Garrett, Johnson, and Brittle NAYS: None Petition of Thomas M. and Judy E. Switzer for a Special Exception Permit to place a mobile home at the northeast intersection of Hidden Cove Road and Hideaway Drive in the Catawba Magisterial District. APPROVED Mr. Thomas Switzer was present to answer any questions the Board might have. There was no one present in opposition. Supervisor McGraw moved to approve the Special Exception Permit to place the mobile home. The motion was seconded by Supervisor Johnson and carried by the following recorded vote: AYES: Supervisors Nickens, McGraw, Garrett, Johnson, and Brittle NAYS: None Petition of Russell D. and Brenda R. willis for a Special Exception Permit to place a mobile home on the west side of Route 650 in the Catawba Magisterial District. APPROVED Mr. and Mrs. Russell D. willis were present to answer 5~ t ~~ March 25, 1986 any questions the Board might have. There was no one present in opposition. Supervisor McGraw moved to approve the Special Exception Permit to place the mobile home. The motion was seconded by Supervisor Brittle and carried by the following roll call vote: AYES: Supervisors Nickens, McGraw, Garrett, JOhnson, and Brittle NAYS: None Petition of E. E. Carter for a Use Not Provided For Permit to continue the operation of an open air market on Brambleton Avenue in the Cave Spring Magisterial District. APPROVED Mr. E. E. Carter was present to answer any questions the Board might have. There was no one present in opposition. Supervisor Brittle moved to approve the Use Not Provided For permit to allow the continuation of this open air market. The motion was seconded by Supervisor McGraw. FINAL ORDER NOW, THEREFORE, BE IT ORDERED that a "Use Not Provided For" permit to allow the continuation of an open air market at 3704 Brambleton Avenue in the Cave Spring Magisterial District be granted for a four year period to begin on the date that this order is entered into record. BE IT FURTHER ORDERED that a copy of this order be forwarded to the County Planner, and that he be and hereby is directed to enter this permit into the official zoning records of the County. This action was adopted on motion of Supervisor Brittle, seconded by Supervisor McGraw, and upon the following roll call vote: AYES: Supervisors Nickens, McGraw, Garrett, Johnson, and Brittle NAYS: None 561 March 25, 1986 petition of J. Carson Quarles requesting rezoning from B-2 to B-3 of a tract located at 5820 Williamson Road in the Hollins Magisterial District. DENIED Ed Natt, attorney for the petitioner, was present to answer any questions the Board might have. He reported that the building presently exists for the sale of used cars. Supervisor McGraw inquired about the denial of the Planning Commission. Tim Gubala, Assistant County Administrator of Community Development, reported that the Planning Commission denied the request because of incompatibility with the Land Use Plan. There was no one present in opposition. Supervisor Johnson moved to grant the petitioner's request. The motion was seconded by Supervisor McGraw. Supervisor Nickens questioned the legal ad since it only advertised for rezoning, the Special Exception permit was not advertised. Supervisor Nickens made a substitute motion that this item be brought back to the Board at the earliest possible date after it is advertised for a Special Exception permit and a rezoning. The motion was seconded by Supervisor Garrett and failed by the following recorded vote: AYES: Supervisors Nickens and Garrett NAYS: Supervisors McGraw, Johnson, and Brittle Chairman Brittle asked for a vote on the original motion of Supervisor Johnson to grant the petitioner's request. The motion failed by the following recorded vote: AYES: Supervisors McGraw and Johnson NAYS: Supervisors Nickens, Garrett, and Brittle Petition of W. Earle Spruill, Jr. requesting rezoning from B-2 to B-3 to construct an automotive lubrication facility located on the north side of Route 419 in the Cave Spring Magisterial District. 562 March 25, 1986 HELD OVER UNTIL APRIL 22, 1986 Mr. Earle Spruill was present to answer any questions the Board might have. There was no one present in opposition. Supervisor McGraw moved to approve the rezoning request The motion was seconded by Supervisor Johnson. After a discussion with the County Attorney, Supervisor Nickens moved to hold this matter until April 22, 1986, because of a legal consideration. Supervisor Johnson seconded the motion to allow for discussion. Supervisor Johnson questioned the legal technicality involved. Mr. Gubala, Assistant County Administrator of Community Development, was directed to work with Supervisor Nickens and Mr. Spruill to work out the legal technicalities of this matter. Chairman Brittle asked for a vote on the substitute motion to defer the public hearing until April 22, 1986. The motion carried by a unanimous voice vote: AYES: Supervisors Nickens, McGraw, Garrett, JOhnson, and Brittle NAYS: None Petition of the Zoning Administrator to amend the Roanoke County Zoning Ordinance to add provisions for used tire storage and automobile graveyards and an amendment to the Zoning Ordinance to regulate used tire storage. APPROVED Mr. Jim Lehe of the Department of Development presented a proposed ordinance regarding the regulation of used tire storage and automobile graveyards. He reported that the other option to passing the ordinance, would be the purchase of a tire shredder to place at the landfill. There was no one present in opposition to the proposed ordinance. Supervisor McGraw moved to approve the ordinance. The motion was seconded by Supervisor Brittle. ~~ Jv March 25, 1986 FINAL ORDER WHEREAS, your Petitioner, the Zoning Administrator of Roanoke County, did petition the Board of County Supervisors to amend the Code of the County of Roanoke, Virginia. WHEREAS, after due legal notice, the Planning Commission did hold a public hearing on the petition to amend the zoning Ordinance on February 18, 1986, at which time, all parties in interest were given an opportunity to be heard; and WHEREAS, after full consideration, the Board of County Supervisors determined that the amendment be approved. NOW, THEREFORE, BE IT RESOLVED that the Code of the County of Roanoke be amended as shown in Exhibit "A". ADOPTED on motion of Supervisor McGraw, seconded by Supervisor Brittle and upon the following roll call vote: AYES: Supervisors Nickens, McGraw, Garrett, Johnson, and Brittle NAYS: None EXHIBIT "A" ORDINANCE 3-25-86-76 AMENDING AND REENACTING THE ROANOKE COUNTY ZONING ORDINANCE TO ADD PROVISIONS FOR USED TIRE STORAGE AND AUTOMOBILE GRAVEYARDS AND AN AMENDMENT TO THE ROANOKE COUNTY CODE TO REGULATE USED TIRE STORAGE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. Amend the Roanoke County Zoning Ordinance by adding items (15) and (16) to part A of Section 21-24-2 M-2 GENERAL INDUSTRIAL DISTRICT, as follows: (15) Automobile Graveyard, in accord with Chapter 6 of the Roanoke County Code, provided a special exception has been granted by the Board of Supervisors; and (16) Used Tire Storage, in accord with Chapter 9 of the Roanoke County Code, provided a special exception has been granted by the Board of Supervisors. 2. Amend the Roanoke County Zoning Ordinance by adding items (23) and (24) to part A of Section 21-21-1 AGRICULTURAL DISTRICT, as follows: (23) Automobile Graveyard, in accord with Chapter 6 of the Roanoke County Code, provided a special exception has been granted by the Board of Supervisors; and -,,- t 5bli March 25, 1986 (24) Used Tire Storage, in accord with Chapter 9 of the Roanoke County Code, provided a special exception has been granted by the Board of Supervisors. 3. Amend the Roanoke County Zoning Ordinance by adding the following definition to Article II, Sec. 21-20: AUTOMOBILE GRAVEYARD. Any lot or place which is exposed to the weather and upon which more than five (5) inoperative motor vehicles, trailers, or semitrailers (as defined in Chapter 12, Section 12-122 of the Roanoke County Code are placed, located or found. USED TIRE STORAGE. An accumulation of 1,000 or more used tires or any number of used tires covering more than 10,000 square feet at a location; not under roof or other similar structure, for some future useful purpose such as retreading, fuel supplement, reef construction or some other innovative use. 4. Amend the Roanoke County Code by adding regulations for used tire storage, in Article IV of Chapter 9, Fire Prevention and Protection, as follows: ARTICLE IV. USED TIRE STORAGE Section 9-42 Purpose of Article The purpose of this Article is to regulate the stockpiling of tires in order to promote resource conservation and resource recovery, and to prevent any hazards, fire or otherwise, that might be created by such stockpiling of tires. Section 9-43 Definitions For the purpose of this Article, the following words and phrases shall have the meanings ascribed to them in this section: "Bureau" means the Bureau of Solid Waste Management of the State Health Department. "Disposal" means the deposit, dumping or placing of any solid waste (including tires) into or on any land or water so that such solid waste or any constituent thereof may enter the environment or be emitted into the air. "Fire control plan".means a document addressing the requirements established in section 9-45 of this Article. It may include appropriate maps as well as any other management information the submitting party deems relevant. "Person" means an individual, corporation, partnership, association, or any other legal entity. "Tire" means a solid or air filled covering for a wheel, typically of rubber or a similarly elastic synthetic material, fitted around the wheel's rim to absorb shock and provide traction. "Used tire storage" means an accumulation of 1,000 or more used tires or any number of used tires covering more than 10,000 square feet at a location, not under a roof or other similar structure, for some future useful purpose such as retreading, fuel supplement, reef construction or some other innovative use. 56 March 25, 1986 Section 9-44 Application of Article (a) All persons operating a used tire storage facility on the effective date of this ordinance shall submit to the Coordinator of Fire and Emergency Services or his agent a fire control plan. Such plan must be submitted within six months of the effective date of this ordinance. (b) All persons operating a used tire storage facility that comes into existence after the effective date of this regulation shall submit to the Coordinator of Fire and Emergency Services or his agent a fire control plan. Section 9-45 Fire Control Plans (a) A fire control plan must adequately address compliance with the following requirements for-used tire storage: (1) All tires must be stockpiled neatly in cells of 1,000 tires or less per cell and be no higher than ten (10) feet. (2) A berm of soil must be provided between all cells of tires in the storage area. The berm shall extend as high as the height of the tires in the cells; (3) A passageway of 20 feet in width must be maintained between the berms of all cells of tires except where cells consist of only one or two lanes and the cells can be approached directly; (4) For each cell of tires, a stockpile of 20 cubic yards of soil must be maintained within 200 feet of the cell. This material shall be in addition to any berm material; (5) In lieu of stockpiled soil for fire suppression as described in (4) above, foam with all the necessary equipment for its effective use may be available on the site; (6) A fence of heavy gauge wire 8 feet in height with two strands of barbed wire extending along the top must enclose the entire storage site; (7) The access to the site must be controlled with a gate equipped with a lock or some other suitable method of preventing access to the site; (8) The plan must specify how long the tires will be stored and the ultimate purpose for which they will be used; (9) Appropriate and adequate equipment to place soil over the tires in case of fire must either be on the site at all times or be readily available. (b) The Coordinator of Fire and Emergency Services or his agent shall review all fire control plans and make a decision on approval or denial of such plans within a reasonable time. Approved plans must be fully implemented within 60 days after the date of notification of approval. Rejected plans may be resubmitted within a reasonable time for further consideration. 566 March 25, 1986 (c) No used tire storage facility shall be allowed to operate unless it has a fire control plan approved and implemented in fair compliance with this Article. Section 9-46 Disposal; Permits Required Disposal of used tires or storage of used tires prior to disposal shall not occur without a permit from the Bureau of Solid Waste Management of the State Department of Health. Nothing in this Chapter shall be construed to affect, modify or change any requirement imposed by the State Department of Health or the Bureau. Section 9-47 Penalty for Violation of Article Any person who violates any provision of this Article, by doing a prohibited act, or failing to perform a required act, or failing to perform permitted acts in the prescribed manner, shall be subject to the penalty provisions of Chapter 1, Section 1-10, class 1 misdemeanor. In addition, the County Attorney may enforce the provisions of this chapter by civil injunction. Section 9-48 Authority This ordinance is promulgated pursuant to Section 32.1-178 of the 1950 Code of Virginia, as amended. Section 9-49 Effective Date 3. The effective date of this ordinance shall be April 1, 1986. On motion of Supervisor McGraw, seconded by Supervisor Brittle and the following recorded vote: AYES: Supervisors Nickens, McGraw, Garrett, Johnson, and Brittle NAYS: None Petition of the Board of Supervisors for an amendment to the Roanoke County zoning Ordinance to modify the provisions for mobile homes. APPROVED Mr. Jim Lehe of the Department of Development presented a proposed mobile home ordinance to the Board of Supervisors. He also delivered a slide presentation of the different types of mobile homes. The proposed ordinance creates a new zoning district (R-MH) which is designed to increase opportunities for affordable housing alternatives, to recognize modern advances in manufactured housing technology and to provide cost effective 567 March 25, 1986 site development. The new ordinance also creates three major categories of mobile homes, Class A, B, and C. Mr. E. O. Graham, Route 2, Box 393, Boone Mill, Virginia, was present to speak against the proposed mobile home ordinance. He feels that it is too strict and that because of the restrictions, young people will not be able to afford this type of housing. Ms. Trudy Blankenship, Route 1, Box 71-F, Elliston, Virginia, inquired about the effective date of the proposed ordinance. County Attorney, Paul Mahoney, reported that the effective date will be April 1, 1986. Supervisor McGraw moved to approve the proposed ordinance with the proposed changes included in the packet. The motion was seconded by Supervisor Brittle. FINAL ORDER WHEREAS, your Petitioner, the Board of County Supervisors of Roanoke County, did initiate by resolution an amendment to the Roanoke County Zoning Ordinance, Appendix A of the Code of the County of Roanoke, Virginia pertaining to mobile homes. WHEREAS, after due legal notice, the Planning Commission did hold a public hearing of the petition on February 18, 1986, at which time, all parties in interest were given an opportunity to be heard; and WHEREAS, after full consideration, the Board of County Supervisors determined that the amendment be approved. NOW, THEREFORE, BE IT RESOLVED that the Roanoke County Zoning Ordinance, Appendix A of the Code of Roanoke County, Virginia, be amended as shown in Exhibit "A". ADOPTED on motion of Supervisor McGraw with his suggested changes, seconded by Supervisor Brittle and the following roll call vote: AYES: Supervisors Nickens, McGraw, Garrett, JOhnson, and Brittle ~~ ~~~ ~) \J {J March 25, 1986 NAYS: None EXHIBIT "A" ORDINANCE 3-25-86-77 AMENDING AND REENACTING THE ROANOKE COUNTY ZONING ORDINANCE TO MODIFY THE PROVISIONS FOR MOBILE HOMES BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. Amend Sec. 21-22-5 by deleting the text in its entirety: ~~-~~-5 R-4 MeB~~E HeME PhR* a~S~R~e~ h~ Perm~~~eð ~ses~ ~ft ~he R-4 Moe±~e HOffie Park a~s~r±e~, afty e~±!d~ftg or ~aftd ~6 ee ~seð sha~~ ee ~or Ofte or more 6~ ~he ~6!!OW~ftg ~ses~ f~t M6e~~e home þark ~fte~~d~ftg~ heeeSS0ry eoft~eft~eftee e5~ae~~shffieft~s o~ a eommere±a! fta~~re, s~eh as 5~ores, eO~ft-oþera~ed ~a~ftdry aftd dry e~eaft~ftg es~ae~~shmeft~5~ þro~~ded, ~ha~ s~eh es~ab!~shffieft~S aftd ~he park~ftg areas pr~ffiar~~y re~a~ed ~o ~he~r 6þera~~OftS sha~! ft6~ oee~þY more ~haft ~eft þereeft~ or ~he area or ~he þark, sha~~ ee s~eord~fta~e ~o ~he res~deft~~a~ ~5e aftd eharae~er o~ ~he þark, sfta~~ ee ~6ea~edï des~gfteð aftd ~ft~eftded ~o ser~e ~re~~eft~ ~rade or ser~~ee fteeds 6£ þersofts res~dift~ ~ft ~he eo~r~ aftd sha~~ þreseft~ ftO ~~s~b!e e~ideftee or ~he~r eommereia! eharae~er £rom afty por~±oft o£ afty resideft~~a! d~s~rie~ o~~s~de ~he park~ aftd heeesS0ry ~ses app~r~eftaft~ ~o ~he opera~~oft o£ a moe~!e home park, s~eh as mafta~emeft~ e~~~d~ftg, reerea~~ofta~ areas aftd SW~mm~ftg þOo~~ f~t Sa~e~~~~e d~shes, s~eiee~ ~o eoftdi~~Ofts ~ft see~~oft ~~-S!-~~ B~ Moei~e home þark reg~~a~iOfts Moe~~e home þarks ~ft aft R-4 a~s~r~e~ sha~~ e6ffip~y w~~h ~he mos~ reeeft~ M±ft~ffi~ ae5~~ft S~aftdards ror Mob~!e Home park5 ~ha~ are ptte~ished by ~he B~S~ aepar~eft~ or Ho~sift~ aftd Breaft ae~e!opmeft~, aftd ift add~~~oft, ha~e a mift±m~ ~ro5s area o£ ~eft flat aere5~ 2. Add a new Sec. 21-22-5 to read as follows: 21-22-5 R-MH MANUFACTURED HOUSING COMBINING DISTRICT A. Intent The provisions of the R-MH Manufactured Housing Combining District are designed to increase opportunities for affordable housing alternatives, to recognize modern advances in manufactured housing technology, and to promote cost effective site development. This combining district provides locations where manufactured housing communities may harmoniously develop in residential areas in which a mix of other affordable housing types--multi-family apartments, duplexes, townhouses, and compact detached housing--may also develop. Furthermore, this district provides for institutional support services, such as schools, churches, parks, and community clubs within 5~ March 25, 1986 residential neighborhoods, yet protects against the intrusion of incompatible commercial and industrial uses. B. Combining District Concept The R-MH District shall be combined with the A-l, R-E, R-l, R-2, or R-3 District provisions. The MH designation shall be prefixed by the zoning notation of the District with which it combines (e.g., an R-MH District combined with an R-l District shall carry the R-IMH District designation). C. Permitted Uses by Right In the R-MH Manufactured Housing Combining District, the following uses are permitted by right, subject to the conditions specified by this chapter: (1) All uses permitted by right in the zoning district with which the R-MH District is combined. (2) Dwelling, manufactured home, upon the conditions in Section 21-81-1. (3) Manufactured housing subdivision. D. Permitted Uses by Special Exception In the R-MH Manufactured Housing Combining District, the following uses may be permitted upon approval by and subject to the conditions set by the Board of Supervisors: (1) All uses permitted by special exception in the zoning district with which the R-MH District is combined. (2) Mobile home park. E. Area Requirements (1) Each lot for a single family dwelling or manufactured home in the R-MH Manufactured Housing Combining District (except in an approved mobile home park or manufactured housing subdivision) shall have the following minimum area requirements: (a) Where public water and sewer is not provided: - lot frontage width - 90 feet. - total lot area - 15,000 square feet, except where an individual sewage disposal system is provided, the minimum total lot area requirement may be increased by the County health official. (b) Where public water and sewer is provided: - lot frontage width - 60 feet. - total lot area - 7,200 square feet. (2) A mobile home park shall require a minimum tract size of 10 acres. (3) A manufactured housing subdivision shall require a minimum tract size of 5 acres. 570 March 25, 1986 (4) All other uses shall meet the area requirements of the zoning district with which the R-MH District is combined. F. Yard Requirements (1) Single family dwellings and manufactured homes on each lot in the R-MH Manufactured Housing Combining District shall meet the following minimum setback requirements (except in an approved mobile home park or manufactured housing cluster subdivision): (a) Front yard: 30 feet from the street right-of-way. (b) Side yard: 10 feet (c) Corner side yard: 25 feet from the street right-of-way. (d) Rear yard: 25 feet (2) Accessory buildings shall be set back at least 3 feet from any side or rear property line and shall not be permitted in front of the main building; the corner side yard for an accessory building shall be the same as for the main dwelling. (3) Yard requirements for a mobile home park shall be measured along the project perimeter, as if the entire park were a single lot. (4) Yard requirements within a manufactured housing subdivision may be reduced when lots are clustered. (5) Yard requirements for all other uses shall meet the requirements of the zoning district with which the R-MH District is combined. G. Planned Development Regulations (1) For a Mobile Home Park Development, refer to Sec. 21-41-4. (2) For a Manufactured Housing Subdivision Development, refer to Sec. 21-41-5. H. Special Public Interest Regulations (1) For a location within the Flood Plain, refer to Sec. 21-61. (2) For a location within the Airport Impact Zone, refer to Sec. 21-62. I. Supplementary District Regulations (1) For supplementary use regulations, refer to Sec. 21-81. (2) For supplementary yard and area regulations, refer to Sec. 21-82. (3) For off-street parking and loading regulations, refer to Sec. 21-91. (4) For screening and buffering regulations, refer to Sec. 21-92. 57J March 25, 1986 (5) For sign regulations, refer to Sec. 21-93. 3. Amend Sec. 21-21-lA, permitted uses in the A-I Agricultural District, by revising item (16) pertaining to manufactured homes to read as follows: (16) Mob~!e home8 Dwelling, manufactured home, pro~±èed a 5pee±a! eHeep~~Oft has be eft ~raft~ed by ~he Board Of S~per~±50r5 upon the conditions specified in section 21-81-1; 4. Amend Sec. 21-22-lA, permitted uses in the R-E Residential Estate District, by revising item (10) pertaining to manufactured homes to read as follows: (10) Mob~!e home8 Dwelling, manufactured home, ~ro~~ded a 5~ee~a! eHeep~~Oft has beeft ~raft~ed by ~he Board Of S~~er~~5er8, upon the conditions specified in section 21-81-1; 5. Amend Sec. 21-22-2A, permitted uses in the R-l Single Family Residential District by adding item (10) pertaining to manufactured homes to read as follows: (All R-l uses are permitted in the R-2 and R-3 Districts) (10) Dwelling, manufactured home, upon the conditions specified in section 21-81-1. 6. Amend Sec. 21-81-1 by deleting the text in its entirety. ~!-8!-! MaBi~E HaMES Fo~ mob±!e home8 ftO~ !oea~ed ±ft þark5, ~he fO!!OW~ft9 prO~~5~Oft5 5fta!! app!y~ fa+ ~he 5~~e Oft wh~eh ~he mob~!e home ~5 p!aeed sha!! eoft~a~ft ofte or more aere8 aftè mee~ w~~h ~he 8~aftdard re~~~remeft~ Of ~he !oea! hea!~h èe~ar~eft~ a8 ~o wa~er aftd 5ewa~e ~8age~ ~h mob~!e home 8ha!! be !oea~ed ftO e!08e~ ~o afty pro~er~y !~fte ~haft f~f~y fee~ m~ft~m~~ ~he 8~~e m~8~ be oWfted aftd oee~p~ed by ~he ~e~~~~ofter~ ~he 5~~e 5ha!! be àe~erm~fteà a8 be~ft~ eom~a~~b!e w~~h ~he 5~rro~ftd±ft~ area by ~he Board of S~per~~sor5~ fb+ ~he 5~~e 5ha!! be ~roper!y !aftd8eaped w~~h a~ !ea5 e~~h~ ~~eee5 Of 5h~~boery ftO~ !e88 ~haft e~~h~eeft ~ftehe8 ~ft he~9h aftd ~o ~fte!~de ofte 8ftade ~ree ftO~ !e85 ~haft f~~e fee~ ~ft he~~h~~ ~!! !aftd5eap~ft9 8ha!! be ~reper!y ma~ft~a±fted~ ~h~ee eop~e8 Of a 5~~e p!aft 8ha!! be 8~bm~~~ed w~~h ~he ap~!~ea~~oft 8how~ft~ ~he ~rae~ o£ !aftd for wh~eh ~he 8pee±a! eHee~~~Oft ~5 be~ft~ re~~e8~ed aftd ~he p~op08ed !oea~~oft o£ ~he mob~!e hOffie~ ~he 5~~e p!aft 8ha!± a±5e ~fte!~de ~he d~meft8±Oft8 Of ~he ~ro~e~~y aftd d~5~aftee5 from ~he p~oposed mob~!e home !oea~~oft ~o a±! ~roper~y !~fte8~ fe+ W~~h~ft 5~H~y àaY5, ~he mob~!e home 8ha!! be eom~!e~e!y 8k~r~ed w±~h a ~erm~~e ~e5~5~aft~ ma~e~±a! ~ft 8~eh maftfter a5 ~o be a~~rae~~~e~ Me~a! 5k~r~±ft~ m~5~ be pre-~a~ft~ed~ fd+ S~~e 8ha!! eoft~a~ft a 8~ora~e £ae~!~~y ade~~a~e for !awft eq~~pmeft~, ~ardeft ~00!5, e~e~ fe+ ~!! £~e! ~aftk5 8ha!! be !oea~ed a~ ~he rear Of ~he mob~!e home aftd, ~£ adjaeeft~ ~o afto~her dwe!!~ft9, a 5e~eeft ~5 ~o be p~o~~ded aro~ftd ~aftk8 50 a8 ftO~ ~o !oo~ ~ft5~~h~!y aftd o£ a ma~er±a! ~ha~ ~5 £~re re5~5~aft~~ aftd ftO s~eft f~e! ~aftk8 5ha!! be 8ma!!er ~haft ~wo h~ftd~ed 8e~eft~y ~a!!Oft8~ f£+ No o~her o~~!d~ft~ o~her ~haft a 8~orage £ae~!~~y, a 5e~ e~~ ~ft þara~raph fd+ Of ~h±5 8~o5ee~~Oft, for ~5e a5 a res±de ee or for aftY e~her ~8e 5ha!! be pe~m±~~ed Oft ~he moo±!e home 5paee f~+ ~!! meb~!e home8 8ha!! eome w~~h ~fte ~rO~±8±Oft8 Of ~h~5 8ee~~Oft eHeep~ ~h08e wh±eh eOftfO~m ~o ~he m±ft±m~ 5~aftdard8 '~ 572 Mareh ;as, ~986 ~~e5e~±eed ~ft ~he V~~~~ft~a 8ft~f~ed S~a~ew±de B~±~d~ft~ €ede £e~ s±ft~!e fam~!y dwe~!~ft~~ tht h f±~~ft~ fee Of f~~e do~!ar5 sha!~ ee ~a~d ~o ~he €o~ft~y hdm~ft~s~ra~or ~~eft f~~~ft~ ~he a~~~~ea~~oft for 5~eh 5~ee~a~ exeep~~oft~ ~he5e spee~a~ exeep~~ofts sha~! ee ~a!~d for a per±od of ~wo years~ ~he deea~ ~ss~ed 5ha~~ be a££~xed ~o ~he ~ra~~er so as ~o be ~~5~b~e from ~he 0~~5±de~ Howe~er, ~ft seek~ft9 app~~ea~iofts for reftewal, ~he app~~eaft~ sha~l mee~ a~~ eoftd~~ions aftd re~~±remeft~s~ f£ ~here i5 a ~~o~a~*oft of s~eh eOftd~~*ofts or ftei9hborhood o~~osi~ioft ~o s~eh as a reftewa~, ~he reftewa! a~p~~ea~±oft sha~! be referred ~o ~he Board o£ S~~er~±50rs for a p~b~ie hearift~ ~o de~ermifte whe~her ~he reftewal sha~~ be ~raft~ed~ h fee for ~roee5s*ft9 renewa~ app~*ea~*Oft5 aftd p~b~±e hear±ft9 referra~5 5ha~! be ehar~ed by ~he ßOftift~ hdm~ft±5~ra~or~ 7. Add a new Sec. 21-81-1 to read as follows: 21-81-1 MANUFACTURED HOMES A. For a class A, manufactured home in the A-I, R-E, R-l, R-2, R-3, or R-MH Districts, the following criteria shall apply: (1) The manufactured home shall meet the same lot requirements as a site-built, single family dwelling in the same district. (2) Except in an R-MH district, the location of a Class A manufactured home in a planned residential subdivision shall be prohibited. For the purpose of this subsection, a planned residential subdivision shall be defined as a development constructed on a tract of at least five acres, planned and developed as an integral residential neighborhood unit. The subdivision shall consist of five or more lots of five acres or less, each lot designed for the placement of a detached residential dwelling. (3) The manufactured home shall have the tow assembly and wheels removed and be mounted on and anchored to a permanent foundation in accordance with the provisions of the Virginia Uniform Statewide Building Code. (4) The manufactured home shall have a minimum width of 23 feet. (5) The manufactured home shall be covered with a non-reflective, exterior material customarily used on a site-built dwelling, such as but not limited to, lap siding, plywood, brick, stone, or stucco. ( 6) The manufactured home shall have a 2.5" in 12" minimum pitch roof. The roof shall be covered with non-reflective roof materials, such as but not limited to, fiberglass shingles, asphalt shingles or wood shakes. (7) The manufactured home site shall have a storage area enclosed on all sides, having at least 300 cubic feet and designed to store yard equipment and supplies; the storage area may be attached or detached from the principal structure. h V· March 25, 1986 (8) The manufactured home shall be declared a permanently-affixed dwelling and taxed as real esta te. B. For an accessory manufactured home in the A-I, R-E, R-l, R-2, R-3, or R-MH districts, the following criteria shall apply: (1) The manufactured home shall be permitted as an accessory dwelling on a lot and be occupied by a single family which is immediate to the resident of the principal dwelling. An immediate family member is defined here as any person who is a natural or legally-defined offspring, parent, or grandparent. (2) The manufactured home and single family dwelling shall have a combined minimum lot area of one (1) acre. (3) The manufactured home shall be set behind the front line of the principal dwelling and have a minimum side and rear yards of twenty-five (25) feet. (4) The manufactured home shall be completely skirted with a non-reflective material. (5) The manufactured home shall be anchored and stabilized in accordance with the provisions of the Virginia Uniform Statewide Building Code. (6) Permits for accessory manufactured homes shall be administered in accordance with the special permitting procedures in Section 21-102-7. C. The Zoning Administrator may authorize the emergency use of a manufactured home in the following situations: (1) Where the Chief Building Official has certified to the Zoning Administrator that the permanent dwelling on the lot has been lost or destroyed by fire, flood, or act of God and is, as a result, uninhabitable, an emergency manufactured home may be authorized in the A-I, R-E, R-l, R-2, R-3, and R-MH Districts, subject to the following limitations: (a) The manufactured home shall be occupied solely by the family who inhabited the uninhabitable dwelling and be situated on the same lot. (b) The manufactured home shall be removed as soon as reconstruction or replacement of the uninhabitable dwelling is complete, but in no case longer than twelve (12) months. A one-time extension for up to twelve (12) additional months may be authorized by the Zoning Administrator if substantial construction has occurred during the first twelve (12) month period. (c) The manufactured home shall meet the setback an yard requirements of the District in which it is located. (d) The manufactured home shall be anchored and stabilized in accordance with the provisions of the Virginia Uniform Statewide Building Code. ~ 7 5 March 25, 1986 (2) Where the President has declared a Federal Disaster, the Zoning Administrator, upon consent of the Count Administrator, may authorize the placement of tempo ry manufactured homes supplied by the Federal Emergenc Management Agency (FEMA) to disaster victims who 10 their regular homes. In such cases, all zoning and building code requirements shall be waived, in favo FEMA standards. The period for temporary placement manufactured homes shall be twelve (12) months, unl s FEMA authorizes an extension for an additional twel (12) months. D. For a class C manufactured home, the following provisions shall apply: (1) The County recognizes that the Manufactured Home Construction and Safety Standards, promulgated by the U.s. Department of Housing and Urban Development are quality standards that assure a safe and decent unit for living purposes and that prior to July 1, 1976, no equivalent standards existed. Accordingly, it is the intent of this chapter to prohibit additional class C manufactured homes within the County, after the effective date of this subsection. (2) The County further recognizes that prior to the enactment of this subsection, certain class C manufactured homes existed within the County. These homes may continue to exist if located in a mobile home park. If these homes are not already located in a mobile home park, they may be transferred to a mobile home park from a site within the County where the home has become non- conforming as a result of the enactment of this subsection. (3) Any non-conforming class C manufactured home remaining outside of a mobile home park shall, upon enactment of this subsection, be non-conforming and consequently subject to discontinuance, in accordance with section 21-100. 8. Add a new section 21-41-4 to read as follows: 21-41-4 MOBILE HOME PARK DEVELOPMENT A. Development Review a. An application for a special exception, accompanied by a preliminary site plan, shall be submitted to the Zoning Administrator. b. The Zoning Administrator shall refer the proposal to the Planning Commission for a public hearing, report, and recommendation to the Board of County Supervisors. c. The Commission shall review the general compatibili of the proposal with adjoining properties, the impa of the project on public facilities and the environ ment, and the consistency of the park plan with residential land use policies adopted in the Comprehensive Development Plan. ~ J March 25, 1986 d. The Board shall vote to approve as submitted, appro e with modification, or deny the proposal based on th findings of the Planning Commission report. e. If the special exception is approved, then a final site plan shall be submitted to the Development Review Coordinator within six months and as further provided in Section 21-104, Part F. (Period of validity of approved site plan). f. Any significant change (as determined by the Zoning Administrator) of the preliminary site plan approved by the Board of Supervisors shall nullify the special exception and require resubmittal for Planning Commission report and Board action. g. The development shall be bonded in accordance with Section 21-104, part H. (Agreement on construction of improvements). B. Permitted Uses a. Permitted uses in a mobile home park shall be limited to class B manufactured homes and park facilities. b. Under certain conditions, a class C manufactured home may be permitted in a mobile home park, as provided in Section 81-1, part D. C. Area Standards (a) The minimum tract size for a mobile home park shall be ten (10) contiguous acres. (b) The maximum density for a mobile home park shall be seven units per gross acre, if served by public sewer and water systems, or if not served by public sewer and water system, a lower density may be set by the County Health Official. (c) Yard requirements of the R-MH District shall be provided along the project perimeter, as if the entire park were a single lot. (d) A minimum Type B screening and buffering yard shall provided along the side and rear perimeter yards of park, unless a more restrictive standard is require Section 21-92. No manufactured home space shall oc any portion of a required buffer yard. Modificatio waiver of this requirement may be requested in accordance with Section 21-92, part C. D. Manufactured Home Space Requirements (a) The minimum area for each manufactured home space shall be 4,000 square feet. (b) The minimum width of each space shall be 40 feet. (c) The boundaries of each manufactured home space shall be clearly marked on the ground by permanent flush stakes. E. Manufactured Home Distancing (a) The minimum setback for each manufactured home on a space shall be twenty (20) feet from the driveway or street which serves the space. be the in upy or 5 March 25, 1986 (b) No manufactured home shall be situated closer than 2 feet to any other manufactured home and no closer th n five (5) feet to any side or ten (10) feet to any re r boundary of a manufactured home space. (c) The location of any accessory structure on a manufactured home space shall be set behind the front building line, and no closer than three (3) feet to a boundary. F. Manufactured Home Pad Each space shall have a pad constructed for practical placement of a manufactured home in full compliance with the area, space, and distancing requirements of this chapter. G. Outdoor Living Area (a) A private outdoor living and service area shall be provided within each manufactured home space. (b) The size of the living area shall be 300 square feet minimum with not less than 100 square feet being a hard-surfaced patio. For large manufactured home spaces of 6,000 square feet or greater, the patio requirement does not apply. (c) Walls, fences, or plantings may be installed to assure reasonable privacy and visual appeal. H. Storage Facilities Unless equivalent common storage buildings are available, each manufactured home space shall have a storage area enclosed on all sides, having at least 300 cubic feet and designed to store yard equipment and supplies; the storage area may be attached or detached from the manufactured home unit. The park management shall either install storage areas on each space or require installation by the occupant of a space upon installation of each manufactured home. I. Recreation (a) At least eight percent (8%) of the gross area of the park shall be devoted to usable recreation area s . (b) Recreation areas shall include active and passive facilities in centralized locations that are convenient to park residents. (c) Maintenance of recreation areas shall be the responsibility of the park management. J. Service Facilities Service facilities, such as laundries and storage yards and buildings, may be provided to serve park residents only. K. Management Office and Community Facilities (a) A management office may be permitted within the park and may be combined with accessory convenience retail sales to serve the daily needs of park residents. (b) Any retail sales must be within the same building as the management office and not exceed fifty percent (50%) of the total building floor area. 57···~ 4 March 25, 1986 (c) The management office, recreation areas and service facilities may be consolidated in a single building or location within the park or decentralized throughout the park. L. streets (a) Private streets shall be provided where necessary to furnish principal traffic-ways for convenient access to manufactured home spaces and other community facilities within the park. (b) Surfacing materials for streets shall conform with VDH&T secondary road standards. (c) The street system shall provide convenient circulation by means of minor streets (serving 40 or fewer manufactured home spaces) and collector streets (serving more than 40 manufactured home spaces) with widths adequate to handle parking and traffic loads, as specified here: (1) Collector streets with parking on both sides shall be 36 feet minimum. (2) Collector streets with no parking shall be 30 feet minimum. (3) Minor streets with parking on one side shall be 28 feet minimum. (4) Minor streets with no parking shall be 20 feet minimum. (5) One-way minor streets with no parking (if less than 500 feet total length and serving less than 25 manufactured home spaces) shall be 11 feet minimum. (d) Where minimum 3 feet width, hard-surfaced or gravel walkways, trailways, or bikeways serve manufactured home spaces (to the front, rear or side of each space), that portion of the street system which serves those spaces may be reduced by 2 feet pavement width, except no street shall be less than 11 feet in width. (e) Cul-de-sacs shall provide a turning circle of 80' minimum diameter. (f) Maximum gradients shall be 10 percent for collector streets and 12 percent for minor streets. M. Parking (a) Two parking spaces are required for each manufactured home space. (b) At least one of the parking spaces shall be provided on the manufactured home space. (c) The second parking space may be provided in a common parking area, within 150 feet of the manufactured home spaces to be served. '~" ¡, 5 ~ L, r fie if?') March 25, 1986 (d) Each parking space shall be hard-surfaced or gravel and have minimum dimensions of 9 feet width and 18 feet length. N. utilities (a) All utility lines shall be placed underground. (b) If public water is not available to serve the park, a community water system shall be provided. (c) Individual water meters shall be provided to each manufactured home unit. O. Refuse Disposal (a) Refuse collection and disposal shall be the responsibility of the park management (b) Common refuse areas shall be screened with a solid, durable wood fence extending to the full height of the refuse facility. P. Manufactured Home Installation (a) All manufactured homes shall be anchored to a pad within a designated space, in accordance with the provisions of the Virginia Uniform Statewide Building Code. (b) All manufactured homes shall be completely skirted with a durable material. 9. Add a new section 21-41-5 to read as follows: 21-41-5 MANUFACTURED HOUSING SUBDIVISION DEVELOPMENT A. Tract Area A manufactured housing subdivision may be permitted on a tract size of five (5) or more contiguous acres in the R-MH Manufactured Housing Combining District. B. Use Limitations (a) That portion of the R-MH District which is declared a manufactured housing subdivision shall have permitted uses limited to class A or B manufactured home dwellings and single family dwellings. (b) Where a manufactured housing subdivision provides a combination of manufactured homes and single family dwellings, at least sixty percent (60%) of the lots shall be reserved exclusively for class A or B manufactured homes. C. Plat Designation (a) Plats recorded for a manufactured housing subdivision shall contain the following statement: "This is a manufactured housing subdivision." (b) The plat shall indicate which lots are reserved exclusively for class A or B manufactured homes as defined by the Roanoke County Zoning Ordinance. (c) A cluster subdivision plat shall indicate the maximum dwelling size permitted on each lot. D. Conventional Subdivision For a conventional subdivision of lots in a manufactured housing subdivision, the area, frontage, 'í"." ' 5 ' ., March 25, 1986 and yard requirements of the R-MH District, parts E and F of Sec. 21-22-5, shall apply. E. Cluster Subdivision (a) Where clustering of lots is applied to preserve outstanding natural features and to provide open space and amenities to residents of the project, the area, frontage, and yard requirements of this section may be substituted for the conventional subdivision requirements of the R-MH District. (b) Public water and sewer connections must be provided to each lot to qualify as a cluster subdivision. F. Lot Area and Open Space Requirements (a) The minimum lot area required in a cluster subdivision may be reduced from the conventional lot requirement to a minimum area of 5,000 square feet, provided common open space allocated to all residents of the project justifies the reduction. (b) The total amount of common open space shall be the sum required for each lot within the subdivision. The amount of common open space (OS) generated by each lot shall be determined by dividing the floor area (FA) of the dwelling by a ratio (FAR) of 0.174 and subtracting the lot area (LA). The open space formula is stated as: os = FA - LA FAR For example, a 1,200 square foot dwelling on a 6,000 square foot lot requires 897 square feet of common open space. os = 1,200 - 6,000 = 897 0.174 G. Recreation Space Requirements (a) A proportion of the required common open space shall be improved for recreation to all residents. (b) Recreation areas shall include a combination of active and passive facilities that are accessible to all residents of the subdivision. (c) The required amount of recreation space (RS) shall be determined by multiplying the sum of all lot areas (LA) and total common open space (OS) by a factor (RSR) of 0.033. The recreation space formula is stated as: RS = (LA + OS) RSR. For example, a 30 unit project containing lot area totaling 180,000 square feet and common open space totaling 30,000 square feet requires 6,930 square feet of recreation space. RS = (180,000 + 30,000) 0.033 = 6,930 H. Ownership and Maintenance of Common Areas and Facilities (a) All required recreation and open space shall be hel~ in common by all residents of the subdivision through homeowners' association or other legal entity. - 58 March 25, 1986 (b) The maintenance of common open space shall be the responsibility of a homeowners' association or othe legal entity which may assess maintenance fees to residents of the project. I. Public Park Donation (a) Where a project accumulates improved recreation and open space with a contiguous area of one or more ac s, that area may be donated to the County as a public r~ Thereafter, the park shall be open to the general public and be maintained by the County. (b) The County may refuse the donation of any public pa proposal. (c) Any public park donation within a project shall be deemed to meet the recreation and open space requirements. J. Lot Frontage (a) For clustered lots reduced to less than 7,200 squar feet, the minimum frontage width shall be 50 feet; r lots of 7,200 square feet or greater within the same cluster subdivision, the minimum frontage width shall be 60 feet. (b) The minimum depth of each lot shall be twice the frontage width. (c) All lots shall front on a local public street; dire access to a major collector or arterial street outs' e the subdivision (as determined by the Roanoke Count Transportation Plan), shall not be permitted. (d) Although frontage may be reduced to 50 feet; Virgin' Department of Highways and Transportation (VDH&T) street standards require 60 feet spacing between driveways. Consequently, share driveways or common parking bays for reduced frontage lots may be requi d. K. Yards Each lot in a cluster subdivision shall meet the following requirements: (a) Front yard: Front setbacks shall be varied between adjoining lots but not be less than 20 feet from the local street right-of-way or 30 feet from a street right-of-way where the front yard adjoins another district. (b) Side yard: 5 feet, except 21 feet where the front of the dwelling faces a side yard and 10 feet where the side yard adjoins another district. (c) Corner side yard: 10 feet from the local street right-of-way or 15 feet from a street right-of-way where the front yard adjoins another district. (d) Rear yard: 15 feet where adjoining an R-MH district, otherwise, 25 feet. (e) Accessory structures may be permitted within five (5) feet of any rear or side lot line and behind the front building line. 581 March 25, 1986 L. Manufactured Home Installation (a) The manufactured home shall be anchored to a concrete pad or be attached to a permanent foundation, in accordance with the Virginia Uniform Statewide Building Code. (b) The manufactured home shall be completely skirted with a durable material, unless permanently attached to a foundation. (c) The manufactured home site shall have a storage area enclosed on all sides, having at least 300 cubic feet and designed to store yard equipment and supplies; the storage area may be attached or detached from the principal structure. 10. Amend Section 21-20 by revising definitions and adding new words and phrases, as follows: CLUSTER. A development design technique that concentrates buildings in specific areas on the site to allow the remaining land to be used for recreation, common open space, and preservation of environmentally-sensitive features. CLUSTER SUBDIVISION. A form of development for single- family residential and manufactured housing subdivisions that permits a reduction in lot area and bulk requirements, provided there is little or no increase in the number of lots permitted under a conventional subdivision and the resultant land area is devoted to open space. DWELLING. Afty eö±!à±ft~ wh±eh ±5 de5±~fted ~e ee ö5ed ~e~ ~e5±deft~ia! ~ö~~05e5, eRee~~ Ae~e~57 eea~d±ft~heö5e57 me~e~5 aftà mee±!e heme5. A structure or portion thereof that is used exclusively for human habitation. DWELLING, MANUFACTURED HOME. A mobile home used as a residence by a single family, containing one dwelling unit, and not meeting the building code standards of a single family dwelling (see MOBILE HOME). Categories of manufactured home dwellings are as follows: (1) Class A, design restricted - a multi-sectional manufactured home, constructed after July 1, 1976, that meets or exceeds the Manufactured Home Construction and Safety Standards, promulgated by the U.S. Department of Housing and Urban Development and that satisfies each of the additional design criteria in Sec. 21-81-lA. (2) Class B, conventional - a traditional single or multi-sectional manufactured home constructed after July 1, 1976, that meets or exceeds the Manufactured Home Construction and Safety Standards, promulgated by the U.S. Department of Housing and Urban Development but that otherwise does not meet all of the criteria of a class A, design-restricted manufactured home. (3) Class C, conventional - a manufactured home constructed before July 1, 1976, and consequently does not meet the criteria of a class A or B manufactured home. ---- (4) Accessory - a class B manufactured home that is a '58 March 25, 1986 subordinate residential use to a principal dwelling on a single lot. (5) Emergency - a class B manufactured home used temporarily for the period of reconstruction or replacement of an uninhabitable dwelling lost or destroyed by fire, flood, or act of God or used temporarily as housing relief to victims of a Federally declared disaster. DWELLING, SINGLE FAMILY. A eH~±d±ft~ arraft~eð er des±~fted ~e ee eeeH~ied ey efte ~amf±Y7 ~He 5~rHe~Hre Ha¥~ft~ eft±y efte dwe±±±ft~ Hft±~~ A site-built or modular structure used as a residence by a single family, containing one dwelling unit detached from any other dwelling unit. DWELLING UNIT. efte er mere reem5 ±ft a ðwe!!~ft~ ðe5~~fted ~er ±~~~ft~ er s±ee~~ft~ ~Hr~eses~ Ha¥~ft~ a~ ±ea5~ efte k~~eHeft~ An enclosure containing sleeping, kitchen, and bathroom facilities designed for and used or held ready for use as a permanent residence by one family. FAMILY. One or more persons eeeH~yfft~ a ~rem±5e5 aftd !~¥~ft~ ~ft a s~ft~±e dwe±±±ft~ Hft~~7 as ð~5~~ft~H~5heð ~rem aft Hftre±a~eð ~reH~ eeeH~y~ft~ a eearð~ft~heH5e7 ±ed~~ft~HeH5e7 reem~ft~ heH5e, ~eHris~ heme er He~e!~ living together as a single housekeeping unit. MANUFACTURED HOME. A mobile home. (See MOBILE HOME and DWELLING, MANUFACTURED HOME.) MANUFACTURED HOME LOT. A lot that is designed for use by a manufactured home dwelling within a manufactured housing subdivision. MANUFACTURED HOME SPACE. A space W~~H~ft a meei±e heme ~ark that is designed for use by a 5~ft~±e mee~±e manufactured home within a mobile home park. MANUFACTURED HOUSING SUBDIVISION. A five acre or larger community of manufactured home dwellings with lots that are subdivided for individual ownership. MOBILE HOME. A structure, transportable in one or more sections, which in the traveling mode is 8 body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein (See DWELLING, MANUFACTURED HOME). MOBILE HOME PARK. A ten acre or larger tract of land used or designed to accommodate a mobile home community of multiple spaces for lease or condominium ownership. MODULAR HOME. A dwelling unit constructed on-site in accordance with the Virginia One and Two Family Dwelling Code and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. REeH~REÐ OPEN SPACE. Afty 5~aee re~H±red ±ft afty ~reft~T 5±de er rear yard. Any parcel or area of land or water essentially unimproved and set aside, dedicated or reserved for public or private use or enjoyment, or for the use and enjoyment ---- 583 March 25, 1986 of owners and occupants of land adjoining or neighboring such open space. OPEN SPACE, COMMON. Land within or related to a development, not individually owned or dedicated for public use, which is intended for the common use or enjoyment of the residents of the development and may include such complementary structures as are necessary and appropriate. 11. Add a new Section 21-102-7 to read as follows: 21-102-7 SPECIAL PERMIT FOR AN ACCESSORY MANUFACTURED HOME. A. Procedure. Permits for the location of accessory manufactured homes in the A-I, R-E, R-l, R-2, R-3, and R-MH Districts, as provided in Section 21-22-5, part B shall be administered according to the special permitting procedures contained here. Permits may be issued by the zoning Administrator upon a determination that the proposed manufactured home location would facilitate the creation of a convenient, attractive and harmonious community and other purposes set out in Section 21-1. In making such a determination, the Zoning Administrator shall give reasonable consideration to the conservation of properties and their values, the existing use and character of the property, and in general, the land use compatibility of the manufactured home in relation to surrounding properties. The Zoning Administrator shall conduct an on-site inspection of the proposed site and surrounding lands prior to making any determination. B. Notification. If the Zoning Administrator determines that the location is satisfactory, a permit shall not be issued until all adjacent property owners are notified of the request in writing by first class mail. C. Objection. If no person notified of the permit request objects in writing within fifteen days of the notice, the zoning Administrator may approve the permit without a hearing. D. Appeal. If one or more persons notified of the permit object within fifteen days of the notice, the Zoning Administrator shall refer the permit to the Board of Zoning Appeals for a public hearing. Likewise, a negative determination may be appealed by the permit applicant to the Board of Zoning Appeals for a public hearing. The Board of Zoning Appeals shall hear and decide the determination of the zoning Administrator in accordance with the administrative appeal provisions of section 21-123, part A. 12. Amend Sec. 21-92 Screening and Buffering, part F, by revising the key of land use intensities, as follows: mobile home park or manufactured housing subdivision permitted in the R-4 R-MH District. 13. Amend Sec. 21-93 Signs, part K, as follows: K. R-4 R-MH District regulations (a) Business signs are permitted in an R-4 R-MH District to ... 584 March 25, 1986 14. Amend Sec. 21-4-1(a) by revising the listing of districts, as follows: (a) For the purpose of this chapter, the unincorporated areas of Roanoke County are divided into the following districts: Meei~e Heme Pafk Manufactured Housing Combining District R-4 R-MH 15. The effective date for these amendments shall be April 1, 1986, except for the deletion (paragraph no. 1 deleting §21-22-5) of the R-4 District which shall be June 1, 1986. On motion of Supervisor McGraw with the appropriate changes, seconded by Supervisor Brittle and the following recorded vote: AYES: Supervisors Nickens, McGraw, Garrett, Johnson, and Brittle NAYS: None Petition of the Zoning Administrator to amend the Roanoke County Code to add new provisions for inoperative motor vehicles, trailers, and semi-trailers and to delete current provisions for junk vehicles. APPROVED Mr. Jim Lehe of the Department of Development presented a proposed ordinance concerning junked vehicles. Mr. John Brownlee, 5003 Shadyside Drive, SW, Roanoke, Virginia, was present to encourage the Board to approve this proposed ordinance. Mr. Winton Shelor, President of the West Texas Hollow Civic League, was also present requesting that if the Board adopts this ordinance, that they enforce it. He reported that he has had problems in the past with ordinances that are not enforced, as an example, the bee and poultry ordinance. The Board directed Mr. Hodge to investigate the bee and duck problem referred to by Mr. Shelor. Supervisor McGraw moved to approve the proposed ordinance. The motion was seconded by Supervisor Brittle. FINAL ORDER 58 March 25, 1986 WHEREAS, your Petitioner, the Zoning Administrator of Roanoke County, did petition the Board of County Supervisors to amend the Roanoke County Code to add new provisions for inoperative motor vehicles, trailers, and semitrailers and to delete current provisions for junk vehicles. WHEREAS, after due legal notice, the Planning Commission did hold a public hearing on the petition to delete current provisions for junk vehicles on November 19, 1985, at which time, all parties in interest were given an opportunity to be heard; and WHEREAS, after full consideration, the Board of County Supervisors determined that the amendment be approved. NOW, THEREFORE, BE IT RESOLVED that the Roanoke County Code be amended as shown in the attached Exhibit "A". ADOPTED on motion of Supervisor McGraw, seconded by Supervisor Brittle to make the appropriate changes in Section 21-125 (1) and the following roll call vote: AYES: Supervisors Nickens, McGraw, Garrett, Johnson, and Brittle NAYS: None EXHIBIT "A" ORDINANCE 3-25-86-78 AMENDING AND REENACTING THE ROANOKE COUNTY CODE TO ADD NEW PROVISIONS FOR INOPERATIVE MOTOR VEHICLES, TRAILERS AND SEMITRAILERS AND TO DELETE CURRENT PROVISIONS FOR JUNK VEHICLES BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. Amend the Roanoke County Zoning Ordinance as follows: a. Amend Section 21-20, Words and Phrases, by deleting the definition of JUNK VEHICLE in its entirety: aJBNR VEH~ebB~ Afty ~eh±e!e wH±eh ±5 e±~hef w±~h ef w±~he~~ a e~ffeft~~y va~±d !±eeft5e ~!a~e ef ~!a~es, aftè ±5 ±ft ei~Hef a f~5~eè7 wfeeked, è±5ehaf~eè, d±5maft~~eè, ~af~~y d±5maft~~ed7 ifte~efa~±ve, ef aeaftdefted eeftd±~ieft~ A j~ft~ ~eh±e!e 5ha~~ ee e~a55i€±eà as ~e ±~5 eeftà±~±eft ift ei~hef e€ ~he €e!~ew±ft~ ~we ea~e~efie5~ fit Re5~efae!e - A j~ft~ ~eh±e~e ~ha~ ±5 ±ft a eeftd±~±eft whefeby fe~a±fs ~e 5ame ee~!d be æade ~e ~!aee ±~ ±ft e~efa~±ft~ eeftd±~ieft~ 5 ~~ Maf'ea ~57 1986 f~+ Wf'eek - A jHftk veh±e~e ±ft 5Heh eeftà±~±eft ~ha~ ±~ ±5 eeeftem±ea~~y Hft5eHftà ~e f'es~ef'e ±~ ~e e~ef'a~±ft~ eeftd±~±eft7 eeft5±def'±ft~ ~ae f'e~a±f'5 ~e ee made7 a~e e€ ~ae vea±e~e7 maf'ke~ va~He e€ ~ae veh±e~e ±€ ±~ wef'e f'e5~ef'ed~ ef' ±ft SHea eeftd±~±eft ~ha~ ~he Adm±ft±5~f'a~ef' de~ef'm±fte5 ~aa~ ±~ waf'f'aft~5 SHea e~a55±€±ea~±eft~U b. Amend Section 21-91, Off Street Parking and Loading, by revising part A.(c) to read as follows: "(c) In all districts, any inoperative motor vehicle, as defined in Chapter 12, Section 12-122 of the Roanoke County Code, must be kept within a fully enclosed building or structure or be kept completely screened or shielded from public view in accordance with Chapter 12." a~~ me~ef' vea±ele5 fte~ eHf'f'eft~~y ~±eeftsed aftd à±5~~aY±ft~ a ~a~±à ±ft5~ee~±eft 5~±ekef' 5aa~~ ee ~af'keà ±ft aft eft~±f'e~y efte~e5eà eH±ld±ft~ ef' e~aef'w±se 5ef'eefteà €f'em ~He~±e v±ew ey ~ae H5e e€ aed~e5 ef' a~~f'eveà €efte±ft~~ Wf'eeked ~eh±e~es may ftO~ ee 5~ef'ed ±ft f'e5±deft~±al d±5~f'±e~5 ±ft eHee5S e€ 5eVeft~y-~we f~~+ heHf'S eHee~~ w±~a±ft a €H~~y efte~e5ed ~ef'mafteft~ 5~f'He~~f'eõ Re5~ef'ae~e ~eh±e~es may fte~ ee 5~ef'ed ±ft f'es±deft~±a~ d±5~f'±e~5 ±ft eHee55 e€ ~h±f'~y f3e+ àaY5 eHee~~ w±~a±ft a €Hl~y efte~eseà ~ef'mafteft~ 5~f'He~Hf'eõ ~ae ~eft±ft~ Adm±ft±5~f'a~ef' 5aa~~ make ~ae €±fta~ de~ef'm±fta~±eft as ~e ~he e~a55±€±ea~±eft ~e ee a55±~fted ~e afty efte ~af'~±eH~af' vea±e~e~ c. Amend Section 21-24-2 of the Roanoke County Zoning Ordinance by adding the following permitted use by special exception in the M-2 General Industrial District: (15) Automobile graveyard, as defined in Chapter 6, Section 6-1 of the Roanoke County Code, provided a special exception has been granted by the Board of Supervisors. 2. Amend the Roanoke County Code as follows: a. Amend Section 6-1 of the Roanoke County Code by revising the definition of automobile graveyard to read as follows: Section 6-1. Defined. As used in this chapter, the term "automobile graveyard" means any lot or place which is exposed to the weather and upon which more than five (5) me~ef' vea±e~es e€ afty k±ftà, ±ftea~ae~e e€ ee±ft~ e~ef'a~ed7 aftd wh±eh ±~ weH~d fte~ ee eeeftem±eally ~f'ae~±eal ~e make e~ef'a~±Ve7 ef' jHftk veh±e~e5 fa5 de€±fteà ±ft ~ae ~eft±ft~ ef'd±ftaftee+ inoperative motor vehicles, trailers, or semitrailers (as defined in Chapter 12, Section 12-122 of the Roanoke County Code) are placed, located, or found. b. Amend the Roanoke County Code by adding article V to Chapter 12 as follows: CHAPTER 12 MOTOR VEHICLES AND TRAFFIC ARTICLE V INOPERATIVE MOTOR VEHICLES, TRAILERS AND SEMITRAILERS ~ 587 March 25, 1986 Section 12-121. Administration and Enforcement. The Sheriff and Zoning Administrator, through their agents or employees, shall be jointly responsible for the administration and enforcement of this article. Section 12-122. Definitions. For the purposes of this article, the following words and phrases shall have the meaning given here. (1) "Completely screened or shielded from public view"-- That the inoperative motor vehicle, trailer, or semitrailer is not visible from any side or from above; tarpaulins, tents, and similar shields shall not be deemed to satisfy the requirements of this article. (2) "Inoperative motor vehicle, trailer, or semitrailer"-- Any motor vehicle, trailer, or semitrailer which is not in operating condition, or which for a period of sixty days or longer has been partially or totally disassembled by the removal of tires and wheels, the engine or other essential parts required for operation of the vehicle or on which there are displayed neither valid license plates nor a valid inspection decal. Section 12-123. Keeping inoperative motor vehicles, etc. It shall be unlawful for any person, firm, or corporation to keep on any property any inoperative motor vehicle, trailer, or semitrailer, unless such vehicle is completely screened or shielded from public view or fully enosed within a building or structure. Section 12-124. Exceptions. The provisions of this article shall not apply to a license business which is regularly engaged in business as an automobile dealership, automobile graveyard, salvage dealer, scrap processor, service station, and similar businesses which customarily store inoperative motor vehicles, trailers, or semitrailers. Section 12-125. Removal of inoperative motor vehicles, etc (1) The owner of the property on which there is an inoperative motor vehicle, trailer, or semitrailer tha is not fully enclosed or completely shielded shall remove the vehicle or comply with the screening or enclosure requirement of this article within fifteen (15) days after being notified by the Zoning Administrator. (2) Whenever the property owner fails to comply with this article within the fifteen (15) day period of notice, the Sheriff or Zoning Administrator may remove the inoperative motor vehicle, trailer, or semitrailer fro the property. (3) Whenever the Sheriff or Zoning Administrator removes a inoperative motor vehicle, trailer, or semitrailer fro a property, such vehicle may be disposed of after giving an additional fifteen (15) days notice to the last known owner of the vehicle. ~ 8· ~J ~ß j ¢~ March 25, 1986 (4) The costs of removal or disposal shall be charged to the owner of the vehicle or of the premises upon which the vehicle was removed. Such costs may be collected in the same manner as taxes and levies are collected. (5) The assessed costs shall constitute a lien against the property from which the vehicle was removed, and the lien shall continue until actual payment is collected. Section 12-126. Other penalties and remedies. In addition to the remedies provided for in this article, any person, firm or corporation violating this article shall be deemed guilty of a Class IV misdemeanor and shall be subject to the penalties in Chapter 1, Section 1-10. The County Attorney may also enforce the provisions of this article by civil injunction. 3. The effective date of this ordinance shall be July 1, 1986. State law reference - Code of Virginia, Sec. 15-1-11.1 authority to restrict keeping of inoperative motor vehicles, etc. on residential or commercial property, removal of such vehicles. On motion of Supervisor McGraw (with the change in Section 12-12 (1), seconded by Supervisor Brittle and the following recorded vote: AYES: Supervisors Nickens, McGraw, Garrett, Johnson, and Brittl NAYS: None Public Hearing for the establishment of the 1986-1992 Six Year Construction Plan for the Secondary System APPROVED Mr. John Peters of the Department of Public Facilities reported that the Highway Department has recommended that the paving of Route 676 be included in the Six Year Plan under Incidental Construction. The funding for this project will be taken from funding provided for Route 660, and the funding for Route 660, will in turn, be provided by the Federal Emergency Management Association. Mrs. Robert Hunter, a resident on Bradshaw Road, requested that the Board proceed with the installation of the culvert on Bradshaw Road as soon as possible. She reported that ~8 r¿J1 March 25, 1986 when the water washes over the bridge, she has no way to leave her home. Mr. H. Rodney Smith, Route 4, Box 465, Salem, Virgini , also requested that the Board begin the bridge project on Bradshaw Road immediately. Ms. Lois Ferguson, Route 4, Box 588, Salem, Virginia, school bus driver, reported to the Board that that section of Bradshaw Road is dangerous to operate a school bus and that a bridge needs to be constructed there as soon as possible. Mr. Curtis E. Ayers, Route 4, Box 473, Salem, Virgini , requested that the Board place the Bradshaw bridge as the numbe one priority. Mr. Danny Lineberry, Route 4, Salem, Virginia, was al present to request the construction of a bridge on Bradshaw Roa as soon as possible. Mr. Fred Altizer of the Virginia Department of Highwa and Transportation reported to the Board that the priorities ha been established by the pace the work could be completed. He reported that engineering services must be provided before construction of the bridge can begin. The Board directed Mr. Hubbard to work on a temporary solution for Mrs. Hunter since she is in a very dangerous situation when the bridge is out. He was directed to report ba to the Board on April 8, 1986. Supervisor Johnson moved to approve the prepared resolution. The motion was seconded by Supervisor Garrett. RESOLUTION 3-25-86-79 APPROVING THE 1986-1992 SIX-YEAR CONSTRUCTION PLAN FOR THE VIRGINIA DEPARTMENT OF HIGHWAYS AND TRANSPORTATION SECONDARY SYSTEM FOR ROANOKE COUNTY BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to due notice and public hearing, t Board does hereby establish for fiscal years 1986-1992 a certai ~ 590 March 25, 1986 Six-Year Construction plan for the Virginia Department of Highways in Roanoke County as set out on that certain Six-Year Plan with recommended amendments as presented to the Board at it meeting on March 25, 1986; 2. That a copy of this resolution duly attested be forthwith forwarded to the Virginia Department of Highways and Transportation - Salem Residency Office along with a duly attested copy of said Six-Year Construction Plan with amendments by the Clerk of the Board. On motion of Supervisor Johnson, seconded by Supervisor Garrett and the following recorded vote: AYES: Supervisors Nickens, McGraw, Garrett, Johnson, and Brittl NAYS: None Public Hearing for the establishment of construction fund priorities for the Secondary System for 1986-87 APPROVED Mr. Peters presented the priorities for the Secondary System Six Year Plan. Supervisor Johnson moved to approve the prepared resolution. The motion was seconded by Supervisor McGraw. RESOLUTION 3-25-86-80 APPROVING CONSTRUCTION FUND PRIORITIES FOR THE VIRGINIA DEPARTMENT OF HIGHWAYS AND TRANSPORTATION SECONDARY SYSTEM FOR ROANOKE COUNTY FOR FISCAL YEAR1986-87 BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to due notice and public hearing, th Board does hereby establish for fiscal year 1986-87 those certai construction fund priorities for the Virginia Department of Highways and Transportation Secondary System of Highways in Roanoke County as set out on that certain list of priorities wit recommended amendments as presented to the Board at its meeting on March 25, 1986; and 591 March 25, 1986 2. That a copy of this resolution duly attested be forthwith forwarded to the Virginia Department of Highways and Transportation - Salem Residency Office along with a duly attested copy of said priority list with amendments by the C1er to the Board. On motion of Supervisor Johnson, seconded by Supervisor McGraw and the following recorded vote: AYES: Supervisors Nickens, McGraw, Garrett, Johnson, and Britt NAYS: None IN RE: REPORTS The following reports were received by the Board of Supervisors: 1. Accounts paid for the month of February 2. Treasurer's statement of accountability 3. Minutes of the Planning Commission 4. Report on Route 460/Vinton Water Line 5. Report on 1986 legislative matters IN RE: ADJOURNMENT Chairman Brittle adjourned the meeting to 9:00 a.m. on wednesday, March 26, 1986. þ-- \.1. ~ "tH "- Chairman