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5/24/2011 - Adopted Board Records
ACTION NO. A- 052411 -1 ITEM NO. D -1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: May 24, 2011 Reappointment of Special Assistant for Legislative Relations, authorization to continue an agreement and an appropriation of funds in the amount of $31,020 Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This action reappoints Eldon James & Associates, Inc. as Roanoke County's Special Assistant for Legislative Relations. It also continues the agreement with Mr. James previously approved. It adds as a subcontractor Sue Rowland of SR Consulting, Inc. Finally, it appropriates funds for this agreement from the Board Contingency. FISCAL IMPACTS The County will pay Eldon James &Associates, Inc. for the services of the Special Assistant $22,560 annually (240 hours at the rate of $94 per hour). Additional hours will be paid at a rate of $94 per hour and shall not exceed a total of 256 hours annually. This agreement adds a subcontractor, SR Consulting, Inc., to provide additional legislative relations support services with a focus on Comprehensive Services Act issues for the County and its Community Policy and Management Team (CPMT) for a payment of $7,020 annually. The total payment annually is $31,020. STAFF RECOMMENDATION: It is recommended that the Board (i) reappoint Eldon James &Associates, Inc. as Special Assistant for Legislative Relations, and (ii) appropriate $31,020 from the fiscal year 2011- 2012 Board Contingency for these purposes. Page 1 of 2 VOTE: Supervisor Church moved to approve the staff recommendation. Motion approved. cc: Paul Mahoney, County Attorney Diane D. Hyatt, Assistant County Administrator Rebecca Owens, Director of Finance Page 2of2 Yes No Absent Ms. Moore � ❑ ❑ Mr. Altizer � ❑ ❑ Mr. Flora � ❑ ❑ Mr. Elswick ❑ ❑ � Mr. Church � ❑ ❑ cc: Paul Mahoney, County Attorney Diane D. Hyatt, Assistant County Administrator Rebecca Owens, Director of Finance Page 2of2 ACTION NO. A- 052411 -2 ITEM NO. D -2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: May 24, 2011 Appeal of a denial of a claim by Vernal D. and Kimber Holbrook (5131 Springlawn Avenue, Roanoke, Virginia), Cave Spring Magisterial District Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Vernal D. and Kimber Holbrook have filed a claim for damages in the amount of $37,198.91 to their property at 5131 Springlawn Ave. The damages arose out of the heavy rainstorms that occurred on Saturday, April 16, 2011, and flooded their home. Mr. Holbrook has requested an opportunity to speak and to present his claim to the Board. The Risk Manager investigated this claim, and in consultation with the County Attorney, decided to deny this claim. It exceeds the authority he has under the County Code. In addition, we determined that the County was not negligent and that the County's actions did not cause the flooding. The County believes this flooding was an "Act of God ". It rained seven inches (7 ") in the space of two to three (2 -3) hours in this portion of southwest Roanoke County. Portions of Tanglewood Mall and Cave Spring High School were flooded. This rainfall exceeded the one hundred (100) year storm calculations. Sewage backed up into the Holbrook basement from floor drains and plumbing fixtures. Surface storm water did not flow into the house from the outside. When this property was developed in 1960, the storm water drainage was adequate based upon the standards in effect at that time. Since that time storm water drainage standards have been increased. If this property were developed today, the drainage system would be deemed inadequate. The County drainage program identified this area as a possible project in 1998; however a neighboring property owner was unwilling to convey an Page 1 of 2 easement to the County for this project. The Board has indicated a reluctance to exercise its powers of eminent domain (condemnation) to take property for project from unwilling citizens. Therefore the project was eliminated from the project list. The Code of Virginia established a claims procedure for counties (see Sec. 15.2 - 1245). When a claim is disallowed, the claimant has thirty (30) days to appeal that denial to the circuit court (see Sec. 15.2 - 1246). No action shall be maintained by any person against the county until that person has presented his or her claim to the governing body (see Sec. 15.2- 1248). Denial of this claim will allow Mr. and Mrs. Holbrook to proceed to circuit court. STAFF RECOMMENDATION: It is recommended that the Board uphold the denial of this claim and allow the applicants to proceed to seek a judicial remedy. VOTE: Supervisor Moore moved to approve the staff recommendation. Motion approved. cc: Paul Mahoney, County Attorney Page 2 of 2 Yes No Absent Ms. Moore � ❑ ❑ Mr. Altizer � ❑ ❑ Mr. Flora Z ❑ ❑ Mr. Elswick 1:1 1:1 Z Mr. Church Z El El cc: Paul Mahoney, County Attorney Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 24 2011 RESOLUTION 052411 -3 APPROVING THE FISCAL YEAR 2011 -2012 BUDGET FOR ROANOKE COUNTY, VIRGINIA WHEREAS, Section 15.2 -2503 of the 1950 Code of Virginia, as amended, provides that the governing body of the County shall prepare and approve an annual budget; and WHEREAS, said budget shall be prepared and approved for informative and fiscal planning purposes only; and WHEREAS, this budget contains a complete itemized and classified plan of all contemplated expenditures and all estimated revenues and borrowings for the ensuing fiscal year; and WHEREAS, a brief synopsis of said budget was published as required by the provisions of Section 15.2 -2506 of the State Code, and the public hearing as required thereon was held on April 26, 2011. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia: 1. That there is hereby approved the annual budget for fiscal year 2011 -2012 for Roanoke County, Virginia, as shown on the attached Schedules. 2. That the preparation and approval of this budget is for informative and fiscal planning purposes only. On motion of Supervisor Church to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Church NAYS: None ABSENT: Supervisor Elswick A Y "fESTE: D orah C. Jack Clerk to the Boar of Supervisors cc: W. Brent Robertson, Director of Management and Budget Diane D. Hyatt, Assistant county Administrator Daniel R. O'Donnell, Assistant County Administrator Rebecca Owens, Director of Finance Paul Mahoney, County Attorney Joseph Sgroi, Director of Human Resources County of Roanoke Adopted FY 2011-2012 Budget May 24, 2011 Revenue Estimates General Fund General Government General Property Taxes Local Sales Tax Telecommunications Tax Business License Tax Bank Franchise Tax Utility Consumer Tax Motor Vehicle License Tax Recordation /Conveyance Tax Meals Tax Hotel /Motel Tax Other Local Taxes Permits, Fees & Licenses Fines and Forfeitures Interest Income Charges for Services Commonwealth Federal Other Total General Government Communications & Information Technology Comprehensive Services Law Library Public Works Projects S B & T Building Recreation Fee Class Criminal Justice Academy Police Special Programs County Garage Total General Fund Debt Service Fund - County Capital Projects Fund Internal Service Fund School operating Fund School Nutrition Fund School Debt Service Fund School Grants Fund School Capital Fund School Textbook Fund School Bus Fund School Laptop Insurance Reserve Total Revenues All Funds Less: Transfers Total Net of Transfers Amount 118,985 9,474,340 4,200,000 5,575,000 525,000 3,850,000 2,020,000 1 3 77 5, 000 711 575,810 835,400 289,100 3,144,433 9,857,782 3,740,000 1,953,112 $ 170 7,581,883 8,827,799 27,175 175,893 444,580 4 202,172 1,000 2,242,804 $ 192, 720, 943 8 4 1 131,373,270 5,704,000 13,854, 394 5,508,401 904,000 798,477 910 358,800 $ 385,495,774 107, 858, 518) $ 257,839,258 County of Roanoke Adopted FY 2011-2012 Budget May 24, 2011 Proposed Expenditures Amount General Fund General Government General Administration $ 2,900 Constitutional Officers 13,08 7 Judicial Administration 865 Management Services 3 Public Safety 23 Community Services 11 ,076, 112 Human Services 20,007,899 Non - Departmental 1 1 Transfers to School Operating Fund 64 Transfers to School Insurance - Dental 477,299 Transfers to (from) Capital Fund (1,317,385) Transfers to Debt Service Fund 16, 937,402 Transfer to Public Works Projects 175 Transfer to Comprehensive Services 3 Other 1,033,630 Total General Government $ 170,995,777 Communications and Information Technology 7 Comprehensive Services 6 Law Library 27 Public Works Projects 175,693 S B & T Building 444 Recreation Fee Class 4 Criminal Justice Academy 202 Police Special Programs 1 ,000 County Garage 2,242, 864 Total General Fund $ 192,720,943 Debt Service Fund - County 8,031 Capital Projects Fund 4,230,635 Internal Service Fund 1,301,360 School operating Fund 131,373,270 School Nutrition Fund 5 School Debt Fund 13,654 School Grants Fund 5 School Capital Fund 904 School Textbook Fund 798,477 School Bus Fund 91 0,000 School Laptop Insurance Reserve 358 Total Expenditures All Funds 365,495,774 Less: Transfers $ ( 107,856, 516) Total Net of Transfers $ 257,639,258 County of Roanoke FY2012 -2416 Capital Improvement Program Summary of Funded Projects Department 1 Project Name Prior Year(s) Funding 2011 -2012 2012 -2013 2013 -2014 2014 -2015 2015 -2016 TOTAL FY12 -16 Total Project Community Development: VDOT Revenue Sharing $9,746,000 $100,000 (1) $500,000 (1) $500,000 (1) $500,000 (1) $500,000 (1) $2,100,000 $11,846,000 Library: Glenvar Library $500 $3,500,000 (2) $2,000,000 (2) $5,500,000 $6,000,000 Project To Be Identified: Project To Be Identified $10,000,000 3 $10 000 000 $10,004,000 Total Funded C!P Projects FY2092 -2096 $90,246,000 $3,600,000 $2,500 $90,500,000 $500,000 $500,000 $97 1 $27,846,000 TOTAL 2011 -2012 2012 -2013 2013 -2014 2014 -2015 2015 -2016 FY12 -16 Summary of Funding Sources (t) General Operating Fund (2) Previously Appropriated Funds (3) Future Bond Sale $100,000 $500,000 $500,000 $500,000 $500,000 $2 $3,500,000 $2,000,000 $0 $0 $0 $5,500 $0 $0 $10,000,000 $0 $0 $10,000,000 Total FY9 2- 9 6 C1P Funding $3,,600,,000 $2 $10,500,,000 $500,000 $500,000 $17y600,000 County of Roanoke FY2012 -2016 Capital Improvement Program Summary of Unfunded (Deferred) Projects Department/ Project Name Total Project Cost Beyond FY12 -1 6 C I P Communications and Information Technology Disaster Recovery Site Upgrades Email Archiving, Retention and Recovery Email System Upgrade /Replacement MCC 7500 Radio Console Replacement $300,000 138,000 520,000 1,917,250 Emergency 911 Phone System Replacement 1,584,250 Communications and Information Technology Subtotal $4,559,500 Community Development Plantation Road Streetscape Improvements Excavator $2,500,000 130,000 Community Development Subtotal Economic Development Center for Research and Technology Vinton Business Center $2,630,000 $4,000,000 775,000 Economic Development Subtotal $4,775,000 Fire and Rescue New oak Grove Station $8,085 Masons Cove Bunk Room Addition 500 New Hanging Rock Station 8,323,500 Station Generator Program 928 MDT Computer System 212 Station Renovations 472 Station Fuel Control System 155 Fire and Rescue Subtotal $98,785,950 General Services Replacement of three underground fuel storage tanks $150,000 Construction of new Public Service Center 12,000,005 General Services Subtotal $12 Library Mt. Pleasant Branch Library Replacement $3,188,020 Vinton Branch Library Expansion 5,188,700 Library Subtotal $9,376,720 Parks and Recreation Sports Lighting Replacement: Walrond Park Ballfields $330,000 Greenways & Trails: Back Creek Greenway Segment in Starkey Park 297,000 Greenways & Trails: Green Hill Park Loop Trail Connector to RR Greenway 254,000 County of Roanoke FY2012 -2016 Capital Improvement Program Summary of Unfunded (Deferred) Projects Department 1 Project Name Total Project Cost Beyond FY12 -16 C I P Greenways & Trails: Glade Creek Greenway Segment in Vinyard Park 396 Greenways & Trails: Walrond Park Perimeter Loop Trail 264,000 Greenways & Trails: Roanoke River Greenway East, Phase 1 530 Sports Lighting Replacement: Arnold Burton Softball Complex 2501000 Sports Lighting Replacement: Darrell Shell Park Ballfields 250,000 Green Hill Park: Sports Complex, Amphitheater and Picnic Facility, Phase 1 500 Camp Roanoke: Renovation to Residential Camp and Retreat Center Standards 267 Whispering Pines Park: New Soccer Field, Parking Lot & Picnic Shelter 435 Land for Passive Recreation: Phase I 500,000 Walrond Park 300 Arnold Burton Softball Complex 300 Starkey Park: Soccer Field Lighting and Parking Lot Paving 150 Brambleton Center: Renovation to Community Recreation Center Standards 500 Hollins Park 375 Vinyard Park: Greenway Bridge and Playground /Passive Recreation Improvements 545 Spring Hollow Reservoir Park: Develop as a Major Regional Park & Tourist Attraction, Phase I Engineering ❑ 962 Greenways & Trails: Roanoke River Greenway West, Phase 1 450,000 Greenways & Trails: Tinker Creek Greenway, Phase 1 450 Parks and Recreation Subtotal $8,316 Police Criminal Justice Training Academy South County Precinct Bomb Disposal Unit $2,800,000 410,000 170,000 Police Subtotal Real Estate Valuation $3,380,000 Digital Image Capture $170,000 Real Estate Valuation Subtotal $110 Social Services Office Space and Parking Expansion $6,000,000 Social Services Subtotal $6 Grand Total $74,144,174 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 24 2011 ORDINANCE 052411 -4 APPROPRIATING FUNDS FOR THE 2011 -2012 FISCAL YEAR BUDGET FOR ROANOKE COUNTY, VIRGINIA WHEREAS, upon notice duly published in the newspaper, a public hearing was held on April 26, 2011, concerning the adoption of the annual budget for Roanoke County for fiscal year 2011 -2012; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, approved said budget on May 24, 2011, pursuant to the provisions of Section 13.02 of the Roanoke County Charter and Chapter 25 of Title 15.2 of the 1950 Code of Virginia, as amended; and WHEREAS, the first reading of this appropriation ordinance was held on May 10, 2011, and the second reading of this ordinance was held on May 24, 2011, pursuant to the provisions of Section 18.04 of the Roanoke County Charter. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the following appropriations are hereby made from the respective funds for the period beginning July 1, 2011, and ending June 30, 2012, for the functions and purposes indicated: County of Roanoke Adopted FY 2011 -2012 Budget May 24, 2011 Revenues: General Fund: General Government Communications &Information Technology Comprehensive Services Law Library Public Works Projects SB &T- Social Services Building Recreation Fee Class Police Special Programs Criminal Justic Academy County Garage Total General Fund 170 7,561,883 6,627,799 27,175 175,693 444,580 4,442,000 1,000 202,172 2,242,864 $ 192 Debt Service Fund - County $ 8 Capital Projects Fund $ 4 Internal Service Fund - Risk Management $ 1 School Funds: Operating $ 131,373,270 Nutrition 5 Capital 904 Debt 13 Bus 910 Laptop Insurance Reserve 358 Grant 5 Textbook 798 Total School Fund $ 159 Total All Funds $ 365 Expenditures: General Government: General Administration Board of Supervisors $ 291 County Administrator 282 Public Information 182 Asst. Co. Administrators 351 Human Resources 71 0 County Attorney 5463940 County of Roanoke Adopted FY 2011 -2012 Budget May 24,2011 Economic Development 535 Total General Administration $ 2,900 Constitutional officers Treasurer $ 761,116 Commonwealth Attorney 1 Commissioner of the Revenue 775 Clerk of the Circuit Court 1 ,028,559 Sheriffs office 9,520 Total Constitutional officers $ 13 Judicial Administration Circuit Court $ 237,972 General District Court 69 Magistrate 1,590 J & DR Court 21,086 Court Service Unit 5 3 5,144 Total Judicial Administration $ 865 Management Services Real Estate Assessments $ 8 13,315 Finance 1,192,503 Public Transportation 525 Management and Budget 275,912 Procurement Services 393,649 Total Management Services $ 3,200 Public Safety Police $ 1 0,893,568 Fire and Rescue 13,028,999 Total Public Safety $ 23,922,567 Community Services General Services $ 4,896,586 Community Development 4,214,972 Building Maintenance 1,964,554 Total Community Services $ 1110761112 County of Roanoke Adopted FY 2011 -2012 Budget May 24, 2011 Human Services Grounds Maintenance $ 2 Parks and Recreation 2 Public Health 369 Social Services 10,3 02,43 9 Contributions -Human Service, Cultural, Tourism, Dues 1 Library 3 VA Cooperative Extension 84 Elections 318 Total Human Services $ 20 Non - Departmental Employee Benefits $ 2 Miscellaneous 1 Internal Service Charges 6 Total Non - Departmental $ 11 Transfers to Other Funds Transfer to Debt - General & Schools $ 16 Transfer to (from) Capital (1,317 Transfer to Schools 64 Transfer to Schools - Dental Insurance 477 Transfer to Public Works Projects 175 Transfer to Internal Services 933 Transfer to Comprehensive Services 3,253 Total Transfers to Other Funds $ 84,466,365 Unappropriated Balance Board Contingency $ 10000 Total General Government $ 170,995,777 Communications & Information Technology $ 7,561 ,8 83 Comprehensive Services $ 6 Law Library $ 27,175 Public Works Projects $ 175,693 SB &T- Social Services Building $ 444,580 County of Roanoke Adopted FY 2011 -2012 Budget May 24, 2011 Recreation Fee Class Police Special Programs Criminal Justice Academy County Garage Total General Fund $ 4,442,000 $ l ,000 $ 202,172 $ 2,242,864 $ 192,720,943 Debt Service Fund - County $ 8,031,194 Capital Projects Fund $ 4,23 0,13 5 Internal Services Fund - Risk Management $ 1,3 O 1,3 60 School Funds: Operating Nutrition Capital Debt Bus Laptop Insurance Reserve Grant Text Book Total School Funds $ 131 5,704,000 904,000 13,654,394 91 0 358 5 798,477 $ 159,21 1 J42 Total All Funds $ 365A953774 2. That the County Administrator may authorize or delegate the authorization of the transfer of any unencumbered balance or portion thereof from one department to another. 3. That all funded outstanding encumbrances, both operating and capital, at June 30, 2011, are re- appropriated to the 2011 -2012 fiscal year to the same department and account for which they are encumbered in the previous year. 4. That appropriations designated for capital projects will not lapse at the end of the fiscal year but shall remain appropriated until the completion of the project or until the Board of Supervisors, by appropriate action, changes or eliminates the appropriation. Upon completion of a capital project, staff is authorized to close out the project and transfer to the funding source any remaining balances. This section applies to appropriations for Capital Projects at Jane 30, 2011, and appropriations in the 2011- 2012 budget. 5. That all school fund appropriations remaining at the end of the 2010-2011 fiscal year not lapse but shall be appropriated to the School Capital Fund in fiscal year 2011 -12 as follows: a.) Two - thirds (2/3) of the year -end balance in the school operating fund will be allocated to the Major School Capital Reserve; b.) One -third (1/3) of the year -end balance in the school operating fund, will be allocated to the Minor Schaal Capital Reserve; G. That all General Fund unexpended appropriations at the end of the 2010- 201 1 fiscal year not lapse but shall be re- appropriated, as provided by Resolution 122104-4, as follows: a) Forty percent (40 %) of these unexpended appropriations shall be transferred to the unappropriated Minor County Capital Fund Reserve; b) Sixty percent (60 %) of these unexpended appropriations shall be re- appropriated to the same department for expenditure in fiscal year 2011 - 2012. 7. That all General Fund revenues collected in excess of appropriated revenues shall be re- appropriated, as provided by Resolution 122104-5, as follows: a.) Revenues in excess of budget will first be allocated to the General Fund Unappropriated Balance, until the maximum amount for the current year is met, as specified in the General Fund Unappropriated Balance Policy, as adopted by Resolution 122104-2; b.) The remainder of revenues in excess of budget will then be allocated to the Major County Capital Fund Reserve 8. Rescue fees collected by the Fire and Rescue Department in excess of budgeted amounts will be reappropriated and allocated to the Fire and Rescue Capital Reserve. 9. That all Virginia Retirement System (VRS) Plan 2 employees that were hired by Roanoke County prior to May 10, 2011, will receive up to four (4) payments of a supplement to minimize the financial impact on these employees of paying their member contribution for the Virginia Retirement System. Each payment is based on two point seven seven five percent (2.775 %) of their base salary. These payments will be made in July 2011, January 2012, July 2012 and January 2013. The employee must still be employed by Roanoke County at the time of the payment to receive the supplement. The intent of this supplement is to minimize the financial impact on these employees of paying their member contribution for the Virginia Retirement System for a (2) two year period. "these employees must now pay the five percent (5 %) employee portion of the VRS contribution, but were hired by Roanoke County before this change went into effect. Funds needed to pay the supplement for the two year period will be set aside from the VRS savings resulting from the change to the Plan 2 funding recognized in the 2011 --2012 fiscal year. 10. This ordinance shall take effect July 1, 2011. On motion of Supervisor Church to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Church NAYS: None ABSENT: Supervisor Elswick A COPY TEST E: Deborah C. Jacksl Clerk to the Board of WpDervisors cc: W. Brent Robertson, Director of Management and Budget Diane D. Hyatt, Assistant County Administrator Daniel R. O'Donnell, Assistant County Administrator Rebecca Owens, Director of Finance Paul Mahoney, County Attorney Joseph Sgroi, Director of Human Resources a� 0 c� 0 0 4mD 0 U a c� 0 ct a I& O C� V Ez C� i u cq 0 cq 0 7-+ CL U cu E T 0 E It co 03 L E 0 N r- r` Q] LA LA v G7 � � G7 G7 � G7 r• r� r� r• M M M M M M M M M M C7 C7 C7 C7 C] C7 C7 C] C7 C7 V V V V r• r� r� r` M M M M M M M M M M M M M M M M M M M M M v v v v v v v v v v v v v v v v v v v v v M M M M M M N N N N N N E " o cD v ui ui ui ui u o T- w mm mm mm w w w N N v v v v v v v v v v v v v vv v v v v v v m m m m m m x r. 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N 00 N C] M r M M M V M CD M 00 M C] C CD q- 00 Nr r Lo M Lo CD V) C37 L[] N CD L6 CD 00 CD N I` LC} f` (3 f` M Co J N M f` r CD M CD o � r M f` f` CD CD r � C3] f` M M � r r r CD A N N U"> Q] � N M 00 f` M f` CD m r Ul 00 M 0 CD 00 r r a Ul 00 N� a) CD r N M a) C3] M r u7 m 0 M CD N M 00 f` r M r m� M CD 00 C) r CD N a M r l, f` N f` M 00 � C! f` ll� r LC} M M M M LC} CD Q7 C,4 LC} C] LC} C] f` 't M N Q p r r N M M LC} LC} CO f` OD Q7 0 r N M Nt LO f` 00 C) r M� CD 00 a r r r r r r r r r r r r r r N N N N N N N N M V) V) V) V) M W Q r N M 't U") CO f` 00 0) CD r N M LC} CD N f` N 00 N CD N C) M r M N M M M M LC} M Co M f` M 00 M m M C] Nt AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, MAY 24 2011 ORDINANCE 052411 -5 AUTHORIZING THE GRANTING OF A FIFTEEN FOOT UTILITY EASEMENT TO APPALACHIAN POWER ON PROPERTY OWNED BY THE ROANOKE COUNTY BOARD OF SUPERVISORS (TAX MAP NO. 097.05-01-26.00) FOR THE PURPOSE OF AN UNDERGROUND ELECTIRC POWER LINE TO THE NEW SOUTH COUNTY LIBRARY, CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, Appalachian Power Company (AEP) requires a permanent utility easement for purpose of providing electrical service to the new South County Library from an existing overhead electric line; and WHEREAS, granting this utility easement for an underground electric line is necessary for the operation of the new South County Library; and WHEREAS, the proposed utility easement to the South County Library will serve the interests of the public and is necessary for the public health, safety, and welfare of the citizens of Roanoke County. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on May 10, 2011, and a second reading and public hearing was held on May 24, 2011 2. That pursuant to the provisions of Section 16.01 of the Roanoke County Charter, the interest in real estate to be conveyed is hereby declared to be surplus, and is hereby made available for other public uses by conveyance to Appalachian Power Company for a utility easement. 3. That donation to Appalachian Power Company of a utility easement for purpose of an underground electric line, as shown on a plat titled "Proposed Right of Way on Property of Roanoke county Board of Supervisors ", prepared by Appalachian Power Company and dated April 26, 2011, is hereby authorized and approved. 4. That the County Administrator, or any Assistant County Administrator, is Page 1 of 2 hereby authorized to execute such documents and take such further actions as may be necessary to accomplish this conveyance, all of which shall be on form approved by the County Attorney. 5. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Moore to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Church NAYS: None ABSENT: Supervisor Elswick A COPATESTE: Debo'Mh C. Jacks Clerk to the Board o Supervisors cc: Paul Mahoney, County Attorney Diane D. Hyatt, Assistant County Administrator Arnold Covey, Director of Community Development Philip Thompson, Deputy Director of Planning Tarek Moneir, Deputy Director of Development Page 2 of 2 37800348C46226 p 100, I ROANOKE COUNTYvA T.D. 665000 PROPOSED RIGHT OF WAY ON PROPERTY OF ROANOKE COUNTY BOARD OF SUPERVISORS o►wN a" R V M DATES 4/26/2011 AW.■YS CPH scftE; AS SHOWN SaEt -- - -- ...... -- DRAWING N0. V �2138 APPALACHIAN POWER COMPANY GIS SERVICES ROANOKE, VIRGINIA AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 24 RESOLUTION 052411 -5 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J- CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for May 24, 2011 designated as Item J Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 4 inclusive, as follows: 1. Approval of minutes -- April 25, 2011 2. Request to appropriate $14,085.32 to - the Clerk of the Circuit Court from the State for fiscal year 2010-2011 3. Request to renew the Fiscal Agent Agreement between the County of Roanoke and the Western Virginia Regional Jail Authority 4. Request to execute a Memorandum of Agreement for participation in the Roanoke Valley Sustainability Consortium On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Church NAYS: None ABSENT: Supervisor E Iswick A COPY TESTE: Deborah C. Jacks Clerk to the Board of pervisor ACTION NO. A- 052411 -6 . a ITEM NO. J -2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: May 24, 2011 AGENDA ITEM: Request to appropriate $14,086.32 to the Clerk of the Circuit Court from the State for fiscal year 2010 -2011 SUBMITTED BY: W. Brent Robertson Director of Management and Budget APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Technology Trust Funds, representing fees collected by the Roanoke County Circuit Court Clerk's office, have been received from the State in the amount of $14,086.32. These funds have been earmarked for the purpose of purchasing software, hardware, maintenance and related upgrades to the indexing software utilized by the Courts. These funds need to be appropriated to the Clerk of Circuit Court so that the necessary computers and equipment can be purchased. FISCAL IMPACT: No fiscal impact -one hundred percent (100 %) state funds STAFF RECOMMENDATION: Staff recommends appropriating $14,086.32 to the Clerk of Circuit Court for fiscal year 2010 -2011. Page 1 of 2 VOTE: Supervisor Altizer moved to approve the staff recommendation. Motion approved. cc: W. Brent Robertson, Director of Management and Budget Steven McGraw, Clerk of Circuit Court Diane D. Hyatt, Assistant County Administrator Rebecca Owens, Director of Finance Page 2 of 2 Yes No Absent Ms. Moore � ❑ ❑ Mr. Altizer � ❑ ❑ Mr. Flora � ❑ ❑ Mr. Elswick ❑ ❑ � Mr. Church � ❑ ❑ cc: W. Brent Robertson, Director of Management and Budget Steven McGraw, Clerk of Circuit Court Diane D. Hyatt, Assistant County Administrator Rebecca Owens, Director of Finance Page 2 of 2 ACTION NO. A- 052411 -6 . b ITEM NO. J -3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: May 24, 2011 AGENDA ITEM: Request to renew the Fiscal Agent Agreement between the County of Roanoke and the Western Virginia Regional Jail Authority SUBMITTED BY: Rebecca Owens Director of Finance APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The County of Roanoke currently serves as fiscal agent for the Western Virginia Regional Jail Authority (WVRJA). The Authority currently has a contract with the County of Roanoke to provide fiscal agent services for $8,333.34 a month, or $100,000 annually. This arrangement will continue through June 30, 2011. As fiscal agent, below is a list of the fiscal agent responsibilities the Finance Department performs for the WVRJA: Accounting • Prepare all audit entries and coordinate with the auditors • Prepare Annual Financial Report • Management of cash and investments • Bank and account reconciliations • Miscellaneous journal and budget entries, as needed • Fixed Assets • Preparation of health insurance billings and posting of related entries • Reconcile debt trustee bank accounts (four (4) accounts for WVRJA) Page 1 of 8 Accounting Continued • Initiation of escrow payments for debt service • Review of monthly reports for the WVRJA Accounts Payable • Review reports for check run • Print and distribute checks • Prepare and distribute manual checks, as needed Payroll • Set up and maintain benefits in the Lawson payroll system • Create time sheet forms • Set up and maintain employee benefits • Set up and maintain miscellaneous employee deductions • Process time sheets and enter data into payroll systems • Process bi- weekly payroll • Perform balancing procedures each pay day to verify accuracy • Report and pay federal and state withheld taxes each payday • 941 federal and state quarterly tax reporting • W2 tax reports • Annual state tax report • Process quarterly Virginia Employment Commission (VEC) reports and make payments • Monthly Virginia Retirement System (VRS) reporting • State new hire reporting • Process tax liens, child support orders, garnishments, etc. • Perform monthly retirement and life insurance report and payments • Implement rate changes for health, dental, long -term disability, life insurance, and VRS benefits • Process employee terminations such as leave payouts, stop benefits, deductions, etc. • Employee wage verifications • Reconcile insurance billings and make payments • Process tax payments on a bi- weekly basis Purchasing • Issue the request for quotation to vendors, receive quotations back from vendors, negotiate the contract with the vendor, make the award to the vendor, and issue the purchase order or contract • Prepare bids and requests for proposals for all purchases over $50,000 for purchases or services, and all purchases over $30,000 for professional services. Page 2 of 8 Purchasing Continued • Prepare the bid or RFP including the provision of assistance with development of specifications, place advertisement in the newspaper, send notice of bid or RFP to registered vendors, receive the bids or RFP's, negotiate contract, make the award, issue the purchase order or contract, track costs for advertisements and ensure that they are charged to the WVRJA. • Monitor contracts for renewals, price increases and performance issues • Work with departments and vendors to resolve any pricing or performance concerns • Provide current contract information regarding which contracts are available for use by the WVRJA • Audit contracts for compliance • Provide weekly courier service for the WVRJA The attached fiscal agent agreement renews the contract with an increase of the cost to $103,000 annually, or $8,583.34 per month, beginning July 1, 2011. This increased cost reflects the increasing costs for the work performed and the system utilization. FISCAL IMPACT: The Authority will pay the County of Roanoke $103,000 annually ($8,583.34 a month) to provide fiscal agent services. This cost was included in the Western Virginia Regional Jail Authority's approved 2011 -12 fiscal year budget. This arrangement will continue through June 30, 2014. RECOMMENDATION: Staff recommends approval of the attached Fiscal Agent Agreement with the Western Virginia Regional Jail Authority, in substantially the format submitted, and authorizing the County Administrator to sign the agreement. Page 3of8 VOTE: Supervisor Altizer moved to approve the staff recommendation. Motion approved. cc: Rebecca Owens, Director of Finance Diane D. Hyatt, Assistant County Administrator Page 4 of 8 Yes No Absent Ms. Moore � ❑ ❑ Mr. Altizer � ❑ ❑ Mr. Flora � ❑ ❑ Mr. Elswick ❑ ❑ � Mr. Church � ❑ ❑ cc: Rebecca Owens, Director of Finance Diane D. Hyatt, Assistant County Administrator Page 4 of 8 Fiscal Agent Agreement Between The County of Roanoke, And The Western Virginia Regional Jail Authority This agreement is made the day of May, 2011, by and between the Board of Supervisors of Roanoke County ( "County "), a political subdivision and county of the Commonwealth of Virginia, and The Western Virginia Jail Authority ( "Authority "), a regional jail authority, created pursuant to Section 53.1 -95.2 of the Code of Virginia. RECITALS 1. The Western Virginia Regional Jail Authority was created by an agreement dated June 24, 2005 between the County of Franklin, Virginia; the County of Montgomery, Virginia; the County of Roanoke, Virginia, and the City of Salem, Virginia. The Authority has all the powers granted a jail authority by law and by the provisions of Articles 3, 3.1 Title 53.1 of the Code of Virginia (1950), as amended. 2. The Western Virginia Regional Jail Authority adopted By -Laws effective August 4 2005. Article VI I, Section 2 of these By -Laws allows the Authority to designate a fiscal agent and enter into a contract with such agent for this purpose. AGREEMENT The County is hereby authorized to serve as Fiscal Agent for The Authority. As such, The Authority and the County agree to the provisions outlined below: 1. Maintenance of Books. The County will establish a separate fund(s) on the County financial system to maintain the financial records of the Authority. 2. Pooled Cash. As part of the overall pooled cash concept that is used by the County, the cash of the Authority will be pooled with the cash of the County and other agencies that the County serves as fiscal agent. As such, the Treasurer of the County is authorized to make investments for the pooled cash. 3. Negative Cash. As a participant in the pooled cash concept of the County, the Authority may have a negative cash balance from time to time. The Authority agrees to minimize the negative cash to the extent possible. The cash balance must be positive at the end of the fiscal year. Page 5of8 4. Interest Income. At the end of each month, the County allocates interest income earned during that month to all of the funds based upon the percentage participation on the pooled cash. If cash is negative at the end of a month, as described in paragraph 3, then negative interest will be allocated to the fund. 5. Loss on Investments. In the unlikely event that the County pooled cash has a loss on an investment through default, market decline, or other reason, the Authority will share in the loss using the methodology described in paragraph 4. 6. Revenues. All revenues of the Authority, except for inmate funds, will be deposited with the County Treasurer. 7. Payment of Vendors. The County will make vendor payments for the Authority. These payments will be made in a manner consistent with County procedures. These payments will be combined into the normal County vendor payment process, and as such the check stock used will be the County of Roanoke, and will be signed electronically with the signatures that appear on County checks. Reference to the Authority may be made on the description line of the check. 8. Payment of Pam The County will process the payroll for the Authority. These payments will be made in a manner consistent with County procedures, follow the County payroll cycle, and be a separate payroll process. 9. Processing of Payroll Taxes. The County will file all payroll taxes for the Authority. 10. Procurement. The County will assist the Authority with Procurement activities as requested by the Authority. 11. Risk Management. The County is available for consulting on insurance coverage as requested by the Authority. 12. Financial Reports. The County will work with the Authority staff and Board to provide meaningful financial reports on a convenient schedule. This will include financial reports to the Authority Board meeting. 13. Systems. The County will provide the access of the County's Financial System and Human Resource /Payroll System. 14. Audit. The County will procure an audit firm for the Authority audit as part of the overall procurement process for the County audit. The firm selected may or may not be the same firm that is selected to do the County audit. The County will work with the auditors selected to prepare the audit of the Authority. The Authority will maintain overall responsibility for the integrity of the financial records. The Authority will be charged for the cost of the audit. Page 6of8 15. Errors and Omissions. It is the responsibility of the Authority to make sure that all financial information is correct, accurate, and complete. 16. Ownership. All funds and obligations of the Authority are the property and responsibility of the Authority. Upon termination of this Agreement, all funds and obligations will be remitted to the Authority, or its new fiscal agent. 17. Cost. The fiscal agent services outlined above will be provided the Authority for a fee of $8,583.34 a month ($103,000 annually). The Authority will transfer funds from the Authority funds to the County funds by journal entry to pay for this service. 18. Term. This agreement shall begin on July 1, 2011 and shall terminate on June 30 2014. Further, either the County or the Authority may terminate the Agreement at any time with one year written notice to the other. Page 7of8 In witness whereof, the parties have caused this Fiscal Agent Agreement to be executed by their authorized officers. BOARD OF SUPERVISORS OF ROANOKE COUNTY MW Its: COUNTY ADMINISTRATOR lo Its: COUNTY ATTORNEY WESTERN VIRGINIA REGIONAL JAIL AUTHORITY lo Its: CHAIRMAN :03 Its: LEGAL COUNSEL Page 8of8 ACTION NO. A- 052411 -6 . c ITEM NO. J -4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: May 24, 2011 AGENDA ITEM: Request to execute a Memorandum of Agreement for participation in the Roanoke Valley Sustainability Consortium SUBMITTED BY: Philip Thompson Deputy Director of Planning APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Roanoke Valley- Alleghany Regional Commission (RVARC) is one of forty five (45) organizations out of 225 applications to be awarded a portion of a $100 million Sustainable Communities Regional Planning Grant from the U.S. Department of Housing and Urban Development (HUD). The RVARC is receiving $625,000 dollars to fund athree -year comprehensive economic, environmental and housing plan for the region. The purpose of this Memorandum of Agreement (MOA) is to provide a mutual understanding of the membership, structure, decision - making and goals of the Roanoke Valley Sustainability Consortium (the Consortium). The RVARC is the grantee for the funds from the HUD Sustainable Communities Regional Planning Grant. On July 27, 2010, the Board of Supervisors authorized Roanoke County's participation in the Sustainable Communities Regional Planning Grant. A subsequent letter of support was sent from the County Administrator to RVARC on August 5, 2010, for inclusion in the grant application. Page 1 of 2 If the Memorandum of Agreement is executed, a member of the Board of Supervisors would be appointed to the Steering Committee along with an alternate member. A staff member would also be appointed to serve on the Technical Committee. FISCAL IMPACT: There is no direct fiscal impact as the match requirement can be satisfied by naming a staff person in the Department of Community Development to be Roanoke County's designee in the planning process. ALTERNATIVES: 1. Authorize the County Administrator to execute the Memorandum of Agreement to allow Roanoke County's participation in the Roanoke Valley Sustainability Consortium. 2. Take no action at this time. RECOMMENDATION: Staff recommends alternative one. VOTE: Supervisor Altizer moved to approve the staff recommendation. Motion approved. cc: Philip Thompson, Deputy Director of Planning B. Clayton Goodman III, County Administrator Page 2 of 2 Yes No Absent Ms. Moore � ❑ ❑ Mr. Altizer � ❑ ❑ Mr. Flora � ❑ ❑ Mr. Elswick ❑ ❑ � Mr. Church � ❑ ❑ cc: Philip Thompson, Deputy Director of Planning B. Clayton Goodman III, County Administrator Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 24, 2011 RESOLUTION CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2 -3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each member's knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies; and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Church to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Church NAYS: None ABSENT: Supervisor Elswick A C TESTE: Debo h C. Jacks Clerk to the Board of upervisors AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 24 2011 RESOLUTION 052411 -7 OF CONGRATULATIONS TO THE WILLIAM BYRD GIRLS SWIM TEAM 200 MEDLEY RELAY FOR WINNING THE 2011 VHSL STATE GROUP AA CHAMPIONSHIP WHEREAS, team sports are an important part of the curriculum at schools in Roanoke County teaching cooperation, sportsmanship and athletic skill; and WHEREAS, the William Byrd High School Girls Swim Team 200 Medley Relay won the 2011 Virginia High School League (VHSL) State Group A/AA Championship on February 26, 2011, in Christiansburg, Virginia with a time of 1:49.44, setting a new school record; and WHEREAS, State Champion Kacy Edsall also won the 100 Backstroke with a time of 57.37, breaking her own school record; and WHEREAS, the Lady Terriers are coached by Krista Martin. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia does hereby extend its sincere congratulations to the members of the WILLIAM BYRD HIGH SCHOOL GIRLS SWIM TEAM 200 MEDLEY RELAY: Kacy Edsall, Kali Edsall, Courtney Heck and Annie Lane; for winning the 2011 VHSL State Group AA Championship; and BE IT FURTHER RESOLVED that the Board of Supervisors extends its best wishes to the members of the team, the coaches and the school in their future endeavors. Page 1 of 2 On the joint motion of Supervisors Altizer and Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Church NAYS: None ABSENT: Supervisor Elswick A copy - rEsTE: r v Deb&ah C. Jacks Clerk to -the Board ■ ■ ■ - ■ Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 24 2011 ORDINANCE 052411 -9 AMENDING VARIOUS SECTIONS OF THE ROANOKE COUNTY ZONING ORDINANCE WHEREAS, in June 2009, the Planning Commission and Community Development staff identified several areas of the zoning ordinance to review and update dealing with, but not limited to: parking and parking structures, solar energy systems, private roads, fuel centers, religious assembly, home occupations, accessory apartments, private stables, multiple dog permits, temporary family health care structures, conditional zoning, enforcement procedures, nonconforming uses, broadcasting towers and the board of zoning appeals including reducing the appeal period for certain use violations; and WHEREAS, on April 5, 2011, the Roanoke County Planning Commission held a public hearing on various amendments to the Zoning Ordinance and recommended said amendments to the Board of Supervisors for adoption; and WHEREAS, on April 26, 2011, the Board of Supervisors held a work session on said amendments; and WHEREAS, public necessity, convenience, general welfare and good zoning practice are valid public purposes for such recommendations by the Planning Commission and action by the Board of Supervisors; and, WHEREAS, the first reading of this ordinance was held on May 10, 2011, and the second reading and public hearing was held on May 24, 2011. NOW THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County as follows: Page 1 of 27 1. That the Zoning Ordinance is hereby amended to read and provide as follows: ARTICLE I — GENERAL PROVISIONS SEC. 30 -15. CONDITIONAL ZONING; GENERALLY. Sec. 30 -15 -4. Amendments and Variations of Conditions. (13) There shall be no amendment or variation of conditions created pursuant to the provisions of this ordinance until after a public hearing by the commission and board advertised pursuant to the provisions of section 15.2 -2204 of the Code of Virginia, as amended. However, where an amendment does not affect conditions of use or density, a local governing body may waive the requirement for a public hearing. The cost of all public advertisements shall be the responsibility of the applicant. SEC. 30 -21. ENFORCEMENT PROCEDURES. (13) Property owners, permit applicants, and /or establishment owners /managers, as applicable, shall be notified in writing via certified mail of violations of the provisions of this ordinance. The administrator shall, in the notice of violation, state the nature of the violation, the date that it was observed, and the remedy or remedies necessary to correct the violation. The administrator may establish a reasonable time period for the correction of the violation, however in no case shall such time period exceed thirty (30) days from the date of the delivery, mailing or posting of the notice, except that the administrator may allow a longer time period to correct the violation if the correction would require the structural alteration of a building or structure. (C) If the administrator is not able to obtain compliance with these provisions in accordance with the procedures outlined above, civil and /or criminal procedures may be initiated in accordance with county law. SEC. 30 -23. NONCONFORMING USES AND STRUCTURES; GENERALLY. Sec. 30 -23 -2. Nonconforming Uses of Buildings, Structures or Land. (I) If anon- conforming residential or commercial building or structure is damaged or destroyed by a natural disaster or other act of God, such building or structure may be repaired, rebuilt or replaced to eliminate or reduce the non - conforming features to the extent possible without the need to obtain a variance. If such building or Page 2 of 27 structure is damaged greater than 50% and cannot be repaired, rebuilt or replaced except to restore it to its original non - conforming condition, then the owner shall have the right to do so. The owner shall apply for a building permit and any work done to repair, rebuild or replace such building or structure shall be in compliance with the Uniform Statewide Building Code and the County's floodplain regulations. Unless such building or structure is repaired, rebuilt or replaced within two years of the date of natural disaster or other act of God, such building or structure shall only be repaired, rebuilt or replaced in accordance with the provisions of this ordinance. If the non - conforming building is in an area under federal disaster declaration and it has been damaged or destroyed as of a direct result of conditions that gave rise to the declaration, then the owner shall have an additional two years to repair, rebuild or replace the building or structure. SEC. 30 -24. BOARD OF ZONING APPEALS. Sec. 30 -24 -1. Powers and Duties. (B) The BZA shall have the power and duty to authorize upon appeal or original application in specific cases a variance from the terms of this ordinance as will not be contrary to the public interest, when, owing to special conditions a literal enforcement of this ordinance will result in unnecessary hardship. No such variance shall be granted unless the spirit of the ordinance shall be observed and substantial justice done. To legally grant a variance, the BZA must be presented evidence and make a finding that: 3. That the granting of the variance will alleviate a clearly demonstrable hardship as distinguished from a special privilege or convenience sought by the applicant. Sec. 30 -24 -2. Applications for Variances. (B) The BZA shall not consider substantially the same request for one (1) year, unless it is the subject of a motion to re -hear. Sec. 30 -24 -3. Applications for Appeals. (A) Appeals to the BZA may be taken by any person aggrieved or by an officer, department, board, or bureau of the county affected by any decision of the administrator, or from any order, requirement, decision, or determination made by any other administrative officer in the administration or enforcement of this Page 3 of 27 ordinance. Appeals must be made within thirty (30) days after the entry of the decision appealed from by filing with the administrator and with the BZA, a notice of appeal, specifying the grounds thereof. (B) An appeal period often (10) days may be made for a notice of violation involving temporary or seasonal commercial uses, parking of commercial trucks in residential zoning districts, maximum occupancy limitations of a residential dwelling unit, or similar short -term, recurring violations. (C) The administrator shall forthwith transmit to the BZA all of the papers constituting the record upon which the action appealed from was taken. An appeal shall stay all proceedings in furtherance of the action appealed from unless the administrator certifies to the BZA that by reason of facts stated in the certificate a stay would cause imminent peril to life or property. In such cases, proceedings shall not be stayed unless a restraining order is granted by the BZA, or by a court of record, on application and on notice to the administrator and for good cause shown. Page 4 of 27 ARTICLE II — DEFINITIONS AND USE TYPES SEC. 30-28. DEFINITIONS. (C) For the purposes of this ordinance, the words and phrases listed below in this section shall have the meanings described below. Act of God: A natural event, not preventable by any human agency, such as flood, storms, or lightning. Forces of nature that no one has control over, and therefore cannot be held accountable. Alley: An open way that affords a service (i.e. garbage collection, delivery, mail) means of access to an abutting property, which allows homeowner or property owner use /access, but is not maintained by any local, state or federal government. Buffer, riparian: A natural vegetated area left undisturbed or an established vegetated area, adjacent to the bank of a watercourse, through which stormwater runoff flows in a diffuse manner so that the runoff does not become channelized and which provides for infiltration of the runoff and filtering out sediment and other nonpoint source pollutants from runoff before it reaches a watercourse. Disaster: Any (i) man -made disaster including any condition following an attack by any enemy or foreign nation upon the United States resulting in substantial damage of property or injury to persons in the United States and may be by use of bombs, missiles, shell fire, nuclear, radiological, chemical, or biological means or other weapons or by overt paramilitary actions; terrorism, foreign and domestic; also any industrial, nuclear, or transportation accident, explosion, conflagration, power failure resource shortage, or other condition such as sabotage, oils spills, and other injurious environmental contaminations that threaten or cause damage to property, human suffering, hardship, or loss of life; and (ii) any natural disaster including any hurricane, tornado, storm, flood, high water, wind - driven water, tidal wave, earthquake, drought, fire, communicable disease of public health threat, or other natural catastrophe resulting in damage, hardship, suffering, or possible loss of life. Identification sign: A permanent sign displaying only the name of a subdivision, multifamily housing project, shopping center, industrial park, office park, church, school, public or quasi - public facility or similar use type. Lighting plan: A plan showing the location, height above grade, type of illumination, type of fixture, the source lumens, and the luminous area for each source of light proposed. Page 5 of 27 Parking area: An area provided for the temporary parking of operable motor vehicles and bicycles, including any related aisles, parking spaces, ingress and egress lanes, turning and maneuvering areas, private garages, incorporated landscaped areas, and similar features meeting the requirements established by section 30-91 but not including any part of a public right -of -way or public street. Parking, off - street: Spaces on premises rather than on the street for the temporary parking of one (1) or more operable motor vehicles and bicycles conforming to the parking area standards of section 30 -91. Parking structure: A structure, or portion thereof, composed of one (1) or more levels or floors used for the temporary parking of operable motor vehicles and which may include other permitted uses. A parking structure may be totally below grade (as in an underground parking garage) or either partially or totally above grade with those levels being either open or enclosed. For purposes of this definition, a parking structure includes a building for a standalone parking facility use or a structure for parking which is accessory to a permitted principal use. Pasture: An area covered with grass or other plants used or suitable for grazing by horses or ponies. Recreational vehicle: A vehicle which can be towed, hauled or driven, designed and used as temporary living accommodations for recreational, camping or travel uses only. Recreational vehicles shall include travel trailers, pick -up campers, motor homes, tent trailers or similar devices used for temporary mobile housing, boats and personal watercraft. Solar collector: Any device used to collect direct sunlight for use in the heating or cooling of a structure, domestic hot water, swimming pool or for the generation of electricity. Solar energy: Refers to radiant energy (direct, diffuse, and reflected) received from the sun. Solar energy system: Any solar collector or other solar energy device along with its ancillary equipment whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation or water heating. Temporary family health care structure: A transportable residential structure, providing an environment facilitating a caregiver's provision of care for a mentally or physically impaired person, that (i) is primarily assembled at a location other than its site of installation, (ii) is limited to one occupant who shall be the mentally or physically impaired person, (iii) has no more than Page 6 of 27 300 gross square feet, and (iv) complies with applicable provisions of the Industrialized Building Safety Law and the Uniform Statewide Building Code. Underground structure: A structure that is entirely or the majority of the structure is below grade. Undeveloped land: Land in its natural state before development. SEC. 30 -29. USE TYPES; GENERALLY. Definitions: Fuel center: Any building, structure, or land used for the dispensing, sale or offering for sale at retail of any vehicle fuels, oils or accessories. This use can be a standalone business or accessory to another business. Outdoor gathering: Any temporary organized gathering expected to attract five hundred (500) or more people at one time in open spaces outside an enclosed structure. Included in this use type would be music festivals, church revivals, carnivals and fairs, and similar transient amusement and recreational activities not otherwise listed in this section. Such activities held in public parks, university campuses or on public school property shall not be included within this use type. Parking facility: Use of a site for surface parking or a parking structure unrelated to a specific use which provides one or more parking spaces together with driveways, aisles, turning and maneuvering areas, incorporated landscaped areas, and similar features meeting the requirements established by this ordinance. This use shall not include a parking structure accessory to a permitted principal use, such as a private garage in a residential or agricultural district. Restaurant, drive -in or fast food: An establishment primarily engaged in the preparation of food and beverages, for either take -out, delivery or table service, served at a counter, a drive - up or drive through service facility or by curb service. Typical uses include drive -in or fast food restaurants or coffee shops. Scrap and salvage services: Places of business primarily engaged in the storage, sale, dismantling or other processing of uses or waste materials which are not intended for reuse in their original forms. Typical uses include towing services, paper and metal salvage yards, automotive wrecking yards, junk yards, used tire storage yards, or retail and /or wholesale sales of used automobile parts and supplies. Page 7 of 27 ARTICLE III — DISTRICT REGULATIONS SEC. 30 -36. AV AGRICULTURALNILLAGE CENTER DISTRICT. Sec. 30 -36 -2. Permitted Uses. (B) The following uses are allowed only by special use permit pursuant to section 30- 19. An asterisk ( *) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 4. Commercial Uses Fuel Center* SEC. 30 -41. R -1 LOW DENSITY RESIDENTIAL DISTRICT. Sec. 30 -41 -2. Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk ( *) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1. Agricultural and Forestry Uses Stable, Private* 2. Residential Uses Accessory Apartment* Multiple Dog Permit* 3. Civic Uses 4. Miscellaneous Uses (B) The following uses are allowed only by special use permit pursuant to section 30- 19. An asterisk ( *) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1. Residential Uses 2. Civic Uses Page 8 of 27 3. Commercial Uses SEC. 30 -42. R -2 MEDIUM DENSITY RESIDENTIAL DISTRICT. Sec. 30 -42 -2. Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk ( *) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1. Residential Uses Multiple Dog Permit* (B) The following uses are allowed only by special use permit pursuant to section 30- 19. An asterisk ( *) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1. Residential Use SEC. 30 -47. PRD PLANNED RESIDENTIAL DEVELOPMENT DISTRICT. Sec. 30 -47 -2. Permitted Uses. (A) The following uses are permitted in the planned residential development district. However, no use shall be permitted except in conformity with the uses specifically included in the final master plan approved pursuant to section 30 -47 -5. An asterisk ( *) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 4. Commercial Uses Fuel Center* Sec. 30 -47 -3. Site Development Regulations. (A) Each planned residential development shall be subject to the following site development standards. Page 9 of 27 9. Streets in the PRD district may be public in accordance with VDOT and county standards or may be private in accordance with the private road standards specified in the Roanoke County Design Handbook. In reviewing the PRD preliminary master plan, the commission may recommend, and the board may approve, one or more private streets within the proposed district. SEC. 30 -51. NC NEIGHBORHOOD COMMERCIAL DISTRICT. Sec. 30 -51 -2. Permitted Uses. (13) The following uses are allowed only by special use permit pursuant to section 30- 19. An asterisk ( *) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1. Commercial Uses Fuel Center* SEC. 30 -53. C -1 OFFICE DISTRICT. Sec. 30 -53 -3. Site Development Regulations. General standards. For additional, modified, or more stringent standards for specific uses, see article IV, use and design standards. (13) Minimum setback requirements. 2. Side yard: None. SEC. 30 -54. C -2 GENERAL COMMERCIAL DISTRICT. Sec. 30 -54 -2. Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk ( *) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 4. Commercial Uses Fuel Center* Page 10 of 27 SEC. 30 -57. PCD PLANNED COMMERCIAL DEVELOPMENT DISTRICT. Sec. 30 -57 -3. Site Development Regulations. (A) Each planned commercial development shall be subject to the following site development standards: 5. Public streets in the PCD district shall be built in accordance with VDOT and Roanoke County standards. In reviewing the PCD preliminary master plan, the commission may recommend, and the board may approve, one or more private streets within the proposed district. Private residential streets in the PCD district shall be built in accordance with the private road standards specified in the Roanoke County Design Handbook. Construction details for private residential streets shall be submitted with the PCD preliminary master plan. Sec. 30 -57 -7. Revisions to Final Master Plan. (B) All other changes in the final master plan shall be considered minor amendments. The administrator, upon receipt of a written request of the owner, may approve such minor amendments. 1. If the administrator fails to act on a request for a minor amendment to the master plan within 30 calendar days, it shall be considered approved. SEC. 30 -58. CVOD CLEARBROOK VILLAGE OVERLAY DISTRICT. Sec. 30 -58 -4. Permitted Uses and Use Restrictions. (B) Unless prohibited in 30- 58 -4(A) a special use permit shall be required for all uses listed as a special use in the underlying zoning district. In addition, the following uses shall require a special use permit within the Clearbrook village overlay district. An asterisk ( *) indicates additional, modified, or more stringent standards as listed in article IV, use and design standards, for those specific uses. 2. Commercial Uses Fuel Center* SEC. 30 -61. I -1 LOW INTENSITY INDUSTRIAL DISTRICT. Page 11 of 27 Sec. 30 -61 -2. Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk ( *) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 6. Miscellaneous Uses Parking Facility* SEC. 30 -62. I -2 HIGH INTENSITY INDUSTRIAL DISTRICT. Sec. 30 -62 -2. Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk ( *) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 6. Miscellaneous Uses Parking Facility* (B) The following uses are allowed only by special use permit pursuant to section 30- 19. An asterisk ( *) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 2. Commercial Uses Fuel Center* SEC. 30 -63. PTD PLANNED TECHNOLOGY DEVELOPMENT DISTRICT. Sec. 30 -63 -3. Site Development Regulations. (A) Each planned technological development shall be subject to the following site development standards: 5. Public streets in the PTD district shall be built in accordance with VDOT and Roanoke County standards. In reviewing the PTD preliminary master plan, the commission may recommend, and the board may approve, one or more private streets within the proposed district. Private residential streets in the Page 12 of 27 PTD district shall be built in accordance with the private road standards specified in the Roanoke County Design Handbook. Construction details for private residential streets shall be submitted with the PTD preliminary master plan. Sec. 30 -63 -7. Revisions to Final Master Plan. (B) All other changes in the final master plan shall be considered minor amendments. The administrator, upon receipt of a written request of the owner, may approve such minor amendments. 1. If the administrator fails to act on a request for a minor amendment to the master plan within 30 calendar days, it shall be considered approved. SEC. 30 -71. EP EXPLORE PARK DISTRICT. Sec. 30 -71 -3. Permitted Uses. (D) The following uses are allowed only by special use permit pursuant to section 30- 19. An asterisk ( *) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1. Miscellaneous Uses Broadcasting Tower* Page 13 of 27 ARTICLE IV — USE AND DESIGN STANDARDS SEC. 30 -81. AGRICULTURAL AND FORESTRY USES. Sec. 30 -81 -5. Stable, Private. (A) General standards: 1. Minimum lot size: Two (2) acres. 2. A private stable shall be permitted only when accessory to asingle- family dwelling. 3. No more than one (1) horse or pony shall be permitted for every two (2) acres of pasture area. 4. Stables, corrals, and other confined areas shall be setback at least 50 feet from any property line. For the purpose of this section, perimeter fencing of a yard shall not be considered a confined area. 5. Private stables shall prepare and follow a management plan for responsible and environmentally safe management of all animal wastes. Such plan shall be approved, when required by the Virginia Department of Environmental Quality, Division of Water. Animal waste shall not create a nuisance or health hazard to adjoining property owners. 6. A plot plan shall be required showing the location of the single - family dwelling, the location of the required horse or pony shelter, the location and type of fencing, and the acreage of pasture. 7. A special use permit shall be required on lots less than five (5) acres in an R -1 zoning district. SEC. 30 -82. RESIDENTIAL USES. Sec. 30 -82 -1. Accessory Apartments. (A) Intent. Accessory apartments afford an opportunity for the development of small dwelling units designed to meet the special housing needs of persons with fixed or limited income, and relatives of families who live or desire to live in the county. Accessory apartments provide a degree of flexibility for home owners with changing economic conditions and /or family structure, while providing a reasonable degree of protection for existing property values. In addition, these provisions are provided to formally recognize previously established apartments and provide for improved safety and physical appearance. (B) General standards: Page 14 of 27 1. An accessory apartment shall be permitted by right as an accessory use to a detached single family residence. 2. An accessory apartment may be located in a structure other than the principal structure on the lot if a special use permit has been obtained by the property owner. 3. Maximum floor area: Upon completion of the construction, the accessory apartment shall not contain more than fifty (50) percent of the finished floor area of the principal dwelling unit located on the same lot, but in no case shall the accessory apartment exceed 1,000 square feet. 4. Only one accessory apartment shall be allowed on any one lot or parcel, and the owner of the property shall reside on the premises. 5. Exterior entrances to an apartment in a principal structure shall be located so as to appear as a single family dwelling. 6. Minimum floor area of the apartment: Three hundred (300) square feet. 7. One parking space shall be required in addition to required parking for the principal dwelling and no separate driveway shall be permitted except as otherwise permitted in the subsections below. 8. Health Department approval of sewage disposal shall be submitted prior to issuance of a building permit for an accessory apartment. (C) Additional standards in the AG -3 and AG -1 districts: 1. An accessory apartment may be permitted by right in a building other than the principal building provided: a. The parcel contains a minimum of three (3) acres. b. The building in which it is located complies with all applicable zoning requirements for a principal building. (D) Additional standards in the AV, AR and residentially zoned districts: 1. A detached accessory apartment may be permitted in a building other than the principal building with a special use permit provided: a. The parcel meets the minimum lot size requirement of the zoning district it is located in. b. The accessory building shall comply with all applicable zoning requirements for a principal building. Page 15 of 27 c. A separate driveway shall be permitted for a detached accessory apartment on parcels larger than two (2) acres. (E) General standards in the C -1 and C -2 districts, independent of the general standards above: Sec. 30 -82 -3. Home Occupations, Type I and Type II. (B) General standards: 3. There shall be no outside storage of goods, products, equipment, or other materials inconsistent with a residential use associated with the home occupation. No toxic, explosive, flammable, radioactive, or other hazardous materials used in conjunction with the home occupation shall be used, sold, or stored on the site. The sale of firearms as a home occupation shall be prohibited. 4. There shall be no sale of goods or products not produced on the premises except for an individual representative for cosmetics or crafts for offsite events. 6. Deliveries related to the home occupation shall be limited to the United States Postal Service, parcel delivery services, and messenger services. The commercial delivery by tractor trailer of materials or products to or from the premises shall be prohibited. (C) Additional standards for all Type I home occupations: 8. No advertising through local media, including telephone books, flyers, and the internet shall call attention to the residential address of the home occupation. Sec. 30 -82 -4. Multiple Dog Permit. (A) General standards: 4. A special use permit shall be required on lots less than five (5) acres in an R -1 or R -2 zoning district. Sec. 30 -82 -9. Manufactured Home Park. (H) Streets and walkways: Page 16 of 27 1. Private streets shall be allowed within a manufactured home park and shall be constructed in accordance with the private road standards specified in the Roanoke County Design Handbook. 2. Manufactured home lots not served by a public or private street may be served by a walkway, trail or bikeway, provided such pathway serves the front, rear, or side of the manufactured home lot. Each pathway shall be constructed of a hard - surface, or gravel material, and shall have a minimum width of three (3) feet. Sec. 30 -82 -13.1. Single Family Dwelling, Attached and Detached (Cluster Subdivision Option). (F) Street and access requirements. 1. All residential lots within a cluster subdivision shall have frontage on and access to a publicly dedicated or maintained street or a private street constructed in accordance with the private road standards specified in the Roanoke County Design Handbook. Sec. 30- 82 -14. Townhouses. (B) General standards: 9. If utilized, private roads shall be constructed in accordance with the private road standards specified in the Roanoke County Design Handbook. Sec. 30- 82 -16. Temporary Portable Storage Containers. (B) General standards: 7. Temporary portable storage containers cannot be located in the floodway or floodplain overlay district without meeting the standards in section 30 -74, as amended. 8. Temporary portable storage containers shall be permitted on a lot for a period not to exceed thirty (30) consecutive days within a six (6) month period. For extensive construction projects a written extension may be granted by the zoning administrator. 9. Maximum cumulative size of temporary portable storage containers on a property shall not exceed one hundred thirty (130) square feet. 10. There is a limit of one (1) portable temporary storage container per lot. 11. A zoning permit shall be required to be obtained prior to the placement of a temporary portable storage container by the department of community Page 17 of 27 development with sufficient information, as determined by the zoning administrator, to determine compliance with all applicable regulations such as: a. Size of container b. Location c. Delivery date d. Removal date e. Purpose of container f. Container provider contact information SEC. 30 -83. CIVIC USES. Sec. 30 -83 -3. Community Recreation. (A) General standards: 1. Any parking lot, outdoor activity area, swimming pool, or ball field or court which adjoins a residential use type shall be landscaped with one row of small evergreen trees in accordance with section 30 -92 along the property line adjoining the residential use type. Where night -time lighting of such areas is proposed, large evergreen trees shall be required. Sec. 30 -83 -5. Educational Facilities. (A) General standards: 1. Any parking lot, outdoor activity area, ball field or court, or stadium which adjoins a residential use type shall be landscaped with one row of small evergreen trees in accordance with section 30 -92 along the property line adjoining the residential use type. Where night -time lighting of such areas is proposed large evergreen trees shall be required. (C) In residential districts, the maximum building coverage shall be 40 percent and the maximum lot coverage shall be 60 percent of the total lot area. Sec. 30 -83 -7. Park and Ride Facility. (A) General standards: Page 18 of 27 2. Park and ride facilities shall comply with the parking facility standards listed in section 30 -87 -4. Sec. 30 -83 -9. Religious Assembly. (B) In residential districts, the maximum building coverage shall be 40 percent and the maximum lot coverage shall be 60 percent of the total lot area. (C) In the AG -3, AG -1 and AR districts, the maximum building coverage shall be thirty 30 percent and the maximum lot coverage shall be fifty (50) percent of the total lot area. (D) In the AG -3, AG -1, AR, and R -1 districts a special use permit shall not be required for the expansion of an existing use provided all of the following conditions are met: a. The total gross floor area of the expansion itself does not exceed 15,000 square feet; and b. The gross floor area of the expansion is not more than two hundred (200) percent of the existing gross floor area; and c. The expansion does not include a principal worship area expansion of more than fifty (50) percent of the existing permanent seating. All other expansions must obtain a special use permit. (E) Additional standards in the G2 district: 1. All new religious assembly uses require a special use permit. 2. Expansions of existing uses are permitted by right. SEC. 30 -84. OFFICE USES. Sec. 30 -84 -3. Financial Institutions. (A) General standards: 1. All drive - through windows shall conform to the standards for drive - through facilities contained in section 30-91-6. SEC. 30 -85. COMMERCIAL USES. Sec. 30 -85 -3. Automobile Dealership, New. Page 19 of 27 (A) General standards: 1. Outdoor display areas in conjunction with automobile sales shall be constructed of the same materials required for off - street parking areas as required in section 30- 91 -4.3, parking area surface standards. Sec. 30 -85 -4. Automobile Dealership, Used. (A) General standards: 1. Outdoor display areas in conjunction with automobile sales shall be constructed of the same materials required for off - street parking areas as required in section 30- 91 -4.3, parking area surface standards. Sec. 30 -85 -14.5. Fuel Center. (A) General standards: 1. Bulk storage of fuel shall be underground pursuant to the standards established by the National Fire Prevention Association (NFPA) and the U.S. Environmental Protection Agency (EPA). 2. Fuel dispensers shall be located at least 30 feet from any public street right -of- way, and shall be located at least 100 feet from any adjoining residential use type. 3. When adjoining a residential use type, a Type C buffer yard in accordance with section 30 -92 shall be provided along the property line which adjoins the residential use type. Sec. 30- 85 -16. Gasoline Station. (A) General standards: 2. Fuel dispensers shall be located at least 30 feet from any public street right -of -way, and shall be located at least 100 feet from any adjoining residential use type. 3. When adjoining a residential use type, a Type C buffer yard in accordance with section 30-92 shall be provided along the property line which adjoins the residential use type. Page 20 of 27 (B) Additional standards in the AV and NC districts: Sec. 30- 85 -24. Restaurant, Drive -In or Fast Food. (A) General standards: 2. A special use permit shall not be required for any fast food restaurant that is located within a shopping center (excluding outparcels) that provides delivery service but does not propose drive -in or curb service. SEC. 30 -87. MISCELLANEOUS USES. Sec. 30 -87 -3. Outdoor Gatherings. (A) General standards: 2. In addition, a detailed plan shall be submitted of all facilities to be provided in accordance with the following guidelines: e. Any lighting installed for the gathering shall be directed away from adjoining properties and public rights -of -way, and shall not exceed one- half (0.5) foot candle measured at the property boundary of the site. Sec. 30 -87 -4. Parking Facility. (A) General standards: 2. Structured parking facilities shall comply with section 30- 91 -4.5, parking structures. SEC. 30 -88. ACCESSORY USES AND STRUCTURES. Sec. 30 -88 -2. Accessory Uses: Residential Use Types. (A) Residential use types may include the following accessory uses, activities or structures on the same site or lot: 9. Temporary family health care structures in accordance with section 15.2- 2292.1 of the Code of Virginia, as amended. Page 21 of 27 ARTICLE V — DEVELOPMENT STANDARDS. SEC. 30 -90. SITE DEVELOPMENT PLANS. Sec. 30 -90 -1. Information Required. 11. Off - street parking areas and parking spaces including handicapped spaces, loading spaces, shopping cart corrals, and walkways indicating type of surfacing, size, angle of stalls, width of aisles, and a specific schedule showing the number of spaces provided and the number required by this ordinance. SEC. 30 -91. OFF STREET PARKING, STACKING AND LOADING. Sec. 30- 91 -2.2. Recreational Vehicle and Commercial Vehicle Parking. (A) In the AR district and in all residential districts: 1. Except for vehicles parked within multi - family developments all utility trailers and recreational vehicles, shall be parked behind the front building line, unless space is provided in a completely enclosed garage or other building. For the purposes of this section only, a corner lot that fronts on two (2) streets shall have only one (1) front building line in accordance with section 30- 100 -7. In the case of a unique house configuration the zoning administrator shall determine the parking location for the recreation vehicle, based on having no interference on sight distance in accordance with section 30- 100 -8. Sec. 30- 91 -3.2. Spaces for Disabled Parking. (A) Generally, the number of parking spaces reserved for the disabled, except for single- and two - family dwellings, shall comply with the following table and shall count toward the minimum number of off - street parking spaces required. Total Off - Street Parking Required Parking for Disabled Required 1 to 25 1 26 to 50 2 51 to 75 3 76 to 100 4 101 to 150 5 Page 22 of 27 151 to 200 6 201 to 300 7 301 to 400 8 401 to 500 9 501 to 1,000 2 percent of total 1,001 and over 20 plus 1 for each 100 over 1,000 (B) Disabled parking aisle and space dimensions shall comply with the current edition of the Virginia Uniform Statewide Building Code. Sec. 30- 91 -3.3. Minimum Parking Required. (E) Commercial Use Types Equipment Sales and Rental See Schedule A Fuel Center 1 space per employee, plus required stacking space Funeral Home 1 space per 4 seats in main chapel, plus 1 space per 2 employees, plus 1 space per company vehicle Sec. 30- 91 -3.4. Maximum Off - Street Parking. Sec. 30- 91 -3.5. Shared Parking. Sec. 30- 91 -4.5. Parking Structures. (A) General standards: 1. Parking structures shall be subject to the minimum yard, setback and height requirements applicable in the zoning district in which the structure is located, except for below grade parking structures. 2. All parking structures with at least one wall facade exceeding 100 feet in length shall incorporate vertical or horizontal variation in setback, material, or fenestration along the length of facades visible from a public right -of -way. (B) Access and Circulation standards: 1. Parking spaces and aisles shall conform to the standards set forth in the Roanoke County Design Handbook. Page 23 of 27 2. Parking spaces, aisles, approach lanes and maneuvering areas shall be clearly marked with directional arrows and signage to ensure the safe and efficient flow of vehicles. (C) Lighting: 1. Parking, access and pedestrian areas shall have adequate illumination for security and safety, and shall comply with section 30 -94, exterior lighting. 2. Exterior lighting fixtures shall be energy efficient with standards and fixtures (poles, vertical supports) not exceeding a height of 15 feet measured from the surface of the parking area. (D) Landscaping: 1. Landscaping for parking structures shall be provided in all yards pursuant to perimeter landscaping requirements for surface parking areas. However, where the location of such structure with respect to property boundaries and adjacent structures will substantially inhibit the growth of required trees, such trees may be located along another perimeter of the site in a manner approved by the administrator. 2. Parking structures shall not be required to provide planting islands or landscaped medians within the parking structure. 3. A minimum of five (5) percent of the area of the top level of a parking structure must be permanently landscaped where the top level of the structure has a four (4) foot or less vertical distance from street grade or is directly accessible from the street. 4. Top level landscaping shall consist mainly of evergreen planting material, such as groundcover and small shrubs, and may include large pots that have a minimum diameter of three (3) feet measured from the inside of the planter and a minimum height of three (3) feet. 5. Parking structures located entirely below grade shall incorporate the required perimeter landscaping into the overall landscaping plan for the site and shall be designed to have adequate soil depth above the parking structure to ensure healthy tree and landscape growth. Sec. 30- 91 -5.1. Bicycle Parking Standards. Sec. 30- 91 -5.2. Motorcycle Parking Standards. Sec. 30- 91 -5.3. Mass Transit Options. Page 24 of 27 SEC. 30 -92. SCREENING, LANDSCAPING, AND BUFFER YARDS. Sec. 30 -92 -6. Applicability of Regulations and Requirements. (F) Additional screening requirements: 1. All refuse service (dump sters/containers) and outdoor storage areas in all zoning districts shall be screened from surrounding views per section 30 -92 -5 and as shown in the Roanoke County Design Handbook. Height of screening must be a minimum of six (6) feet. 2. Ground level and roof top mechanical equipment shall be screened or landscaped per section 30-92-5 and as shown in the Roanoke County Design Handbook. SEC. 30 -100. MISCELLANEOUS. Sec. 30- 100 -2. Yard, Setback, Coverage, and Height Requirements. (E) A structure that is entirely below grade (underground) shall be exempt from the minimum setback requirements of that zoning district. In the case of a unique setback for a partially underground structure, the administrator shall determine the setback for the structure based on having no interference on sight distance with section 30-100-8. Portions of an underground structure which are below grade shall not be counted when calculating lot or building coverage. Sec. 30- 100 -13. Solar Energy Systems. (A) The purpose of this regulation is to promote the safe, effective and efficient use of solar energy systems installed to reduce the on -site consumption of utility supplied energy and /or hot water while protecting the health, safety and welfare of adjacent and surrounding land uses. (13) Solar energy systems are permitted in any zoning district and may be installed upon receipt of the necessary permit(s) from the County and subject to the following use and design standards: 1. General standards: Page 25 of 27 a. The design of the solar energy system shall conform to applicable industry standards. b. A solar energy system shall provide power for the principal use and /or accessory use of the property on which the solar energy system is located and shall not be used for the generation of power for the sale or donation of energy to others, although this provision shall not be interpreted to prohibit net metering. c. A solar energy system connected to the utility grid shall provide written authorization from the local utility company acknowledging and approving such connection. d. All mechanical equipment associated with the operation of a solar energy system shall be considered ground level equipment and shall be screened from any adjacent property per section 30-92-5. e. Solar collectors shall be placed such that concentrated solar radiation or glare shall not be directed onto nearby properties or roadways. f. If a solar energy system is abandoned or is in a state of disrepair it shall be the responsibility of the property owner to remove or repair the solar energy system. 2. Roof - Mounted Solar Energy Systems: a. A roof - mounted system may be mounted on a principal building or an accessory building. b. Aroof - mounted system shall not exceed the maximum building height for the type of building (principal or accessory) it is mounted to based on the underlying zoning district; and shall not be more than three (3) feet higher than the finished roof to which it is mounted. In no instance shall any part of the solar energy system extend beyond the edge of the roof. c. The minimum roof - mounted system setback shall be equivalent to the principal structure or accessory structure setback requirements of the underlying zoning district. 3. Ground - Mounted and Pole- Mounted Solar Energy Systems: a. A ground- or pole- mounted system shall conform to the accessory structure setbacks of the underlying zoning district; and shall not exceed 15 feet in total height. b. The surface area of a ground- or pole- mounted system, regardless of the mounted angle, shall be calculated as part of the overall lot coverage. The surface area of a ground- mounted system shall not constitute more than Page 26 of 27 ten (10) percent of the allowable lot coverage or 1,000 square feet, whichever is less. c. All exterior electrical lines from aground- or pole- mounted system to any building or other structure shall be located underground. 2. That this ordinance shall be in full force and effect from and after its passage. On motion of Supervisor Flora to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Church NAYS: None ABSENT: Supervisor Elswick A COPYPTESTE: Deborah C. Jacks Clerk to the Board of u rvisors cc: John Murphy, Zoning Administrator Arnold Covey, Director of Community Development Tarek Moneir, Deputy Director of Development Philip Thompson, Deputy Director of Planning Page 27 of 27