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Home My WebLink About8/25/1992 - Regular ~ I I "'''''II1II August 25, 1992 4.7 ,9.:, ~ Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue, s.w. Roanoke, Virginia 24018 August 25, 1992 The 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 August, 1992. IN RE: CALL TO ORDER Chairman Eddy called the meeting to order at 3:00 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Lee B. Eddy, Vice Chairman Edward G. Kohinke, Sr., Supervisors Bob L. Johnson, H. Odell "FuZZy" Minnix, Harry C. Nickens (Arrived 3:15 p.m. ) MEMBERS ABSENT: None STAFF PRESENT: John M. Chambliss, Jr., Assistant County Administrator: Paul M. Mahoney, County Attorney: Brenda J. Holton, Deputy Clerk: Don M. Myers, Assistant County Administrator: Anne Marie Green, Information Officer ~ II"'" 4'8 O·~ August 25, 1992 ~ IN RE: OPENING CEREMONIES The invocation was given by John M. Chambliss, Jr., Assistant County Administrator. The Pledge of Allegiance was recited by all present. IN RE: NEW BUSINESS h Reauest for Resolution of SUDDort for Roanoke River Parkway Alternative 4 for Access to Virqinia's EXD10re Park. (Joyce Wauqh. Economic DeveloDment SDecialist) R-82592-1 Ms. Waugh advised that the Final Environmental Impact Statement issued by the National Park Services added an Alternative 4 II for the construction of a 1.5 mile spur road for access from the Parkway to Virginia's Explore Park through Roanoke County. Alternative 4 goes from the Blue Ridge Parkway just above Rutrough Road (Route 658) and Highland Road (Route 618), across the Roanoke River, across the current landfill, and enters into the parking lot at the Explore Park. Al though the County previously endorsed Al ternati ve 2, Ms. Waugh explained that Alternative 4 would have the least impact on the community and remain within the budget for the project. She requested that the Board endorse approval of Alternative 4. -,. .,;,-' Supervisor Eddy advised that the Explore Advisory Committee at a recent meeting approved the recommendation of Alternative 4. Supervisor Kohinke moved to ~doPt the resolution approving I. Alternative #4. The motion carried by the following recorded vote: ~ I I "'II1II August 25, 1992 48t:,,~ AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None Supervisor Johnson requested that the resolution reflect that the previous board resolution approving Alternative 2 was being rescinded. RESOLUTION 82592-1 IN SUPPORT OF ROANOKE RIVER PARKWAY, ALTERNATIVE 4 FOR ACCESS TO VIRGINIA'S EXPLORE PARK. WHEREAS, the National Park Service has prepared a Final Environmental Impact Statement for the Roanoke River Parkway: and WHEREAS, Roanoke County supported Al ternati ve 2, the preferred alignment in the Draft Environmental Impact Statement, in a letter dated August 27, .1990, to Gary Everhardt, Blue Ridge Parkway Superintendent: and WHEREAS, the Final Environmental Impact Statement proposes that Alternative 4, the construction of a 1.5 mile spur road from the Blue Ridge Parkway to Virginia's Explore Park, will, have minimal impact: and WHEREAS, Roanoke County staff has been active through the Explore Management Group to assist in the coordination of efforts to locate the Parkway spur road (Alternative 4) through property owned by the Roanoke Valley Solid Waste Management Board: and WHEREAS, the Roanoke County Explore Advisory Committee recommended support of Alternative 4 at their August 19, 1992 meeting. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, AS FOLLOWS: ~ J"" 48:2 ,; August 25, 1992 thet- That the Board does reaffirm its support for construction of a 1.5 mile spur road (Alternative 4) from the Blue Ridge Parkway to Virginia's Explore Park, superseding the previous support of Alternative 2 in 1990. That the Board encourages expedited processing of plans for the design and construction of such road to assist in the implementation of the Explore project. On motion of Supervisor Kohinke to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None 1. 2. h Reauest for Resolution ADDrOvinq the Roanoke Valley Resource Authority CaDi tal Budqet for the solid Waste System Revenue Bonds. (Diane Hyatt. Finance Director) I R-82592-2 Ms. Hyatt advised that on August 20 1992, the Roanoke Valley Resource Authority adopted their capi tal budget. Based upon the pricing received on August 19, 1992 for the landfill bonds, the total capital budget is $33,414,005. She reported that there will be savings of 2.7 million dollars over twenty years because the bonds were sold at 5.9 interest rate instead of the projected 6.8. Supervisor Kohinke moved to adopt the resolution. The motion carried by the following recorded vote: I AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy ~ ~ August 25, 1992 48'3' ~ NAYS: None RESOLUTION 82592-2 APPROVING THE ROANOKE VALLEY RESOURCE AUTHORITY CAPITAL BUDGET FOR THE SOLID WASTE SYSTEM REVENUE BONDS, SERIES 1992 WHEREAS, Section 5.9 of the Roanoke Valley Resource Authority Members Use Agreement provides that the Authority shall prepare and submit its budgets to the Board of Supervisors of the County, the City Council of the City of Roanoke, and the Town Council of the Town of vinton: and WHEREAS, on August 20, 1992, the Roanoke Valley Resource Authority adopted the capital budget for the Solid Waste System Revenue Bonds, Series 1992, a copy of which is on file in the office I of the Clerk of the Board: THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia that the capital budget totaling $33,414,005 for the Solid Waste System Revenue Bonds is hereby APPROVED, and the County Administrator and the Clerk are authorized to execute and attest, respectively, on behalf of the County, any documentation, in form approved by the County Attorney, necessary to evidence said approval. On motion of Supervisor Kohinke to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None I h Reauest from the School Board for AcceDtance of Three Grants. Totalinq $80.000. for Vocational Education ~ JI'" 48:':4 Projects August 25, 1992 and Annronriation to the School Grant Fund. t' (Garland Kidd. Director of Vocational , Adul t Education) A-82592-3 Mr. Kidd advised that the Roanoke County Schools will receive grant funding of $30,000 for an International Marketing Development/Implementation Tech Prep proj ect , $30,000 for an Arts/Media Tech Prep project, and $20,000 for a Consumer and Homemaking project. Supervisor Johnson moved to approve accepting the grants. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy I NAYS: None L. Reauest for A~proval of Two Chanqe orders for the SDrinq Hollow Reservoir Contract. (Clifford Craiq. utility Director) A-82592-4 Mr. Craig requested approval of Change Order No. 7 for $755,563.43 for material and construction required to add two pumps to the river intake pump station. He advised that this included $34,520 to install a concrete plug/cap in the dam foundation area requiring excavation. Mr. Craig also requested· approval of Change Order No.8 in II the amount of $714,544 for material and construction to add water ~ ~ I 1 "'II1II August 25, 1992 48'5 lines to the water treatment plant. Mr. Craig advised that Hayes, Seay, Mattern & Mattern negotiated the price with the contractor for both change orders and recommended acceptance. Supervisor Eddy indicated that he would like to delay approving Change Order No. 8 until receipt of a report from the consultants regarding the overall operation of the treatment plant and the reservoir. Mr. Craig advised that there would be no problem with delaying approval of Change Order No.8, and he believes that the report will be favorable. Supervisor Eddy moved to approve the Change Order #7 and defer approval of Change Order #8 until September 22, 1992. motion carried by the following recorded vote: The AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, ,Eddy NAYS: None IN RE: ARRIVAL OF SUPERVISOR NICKENS Supervisor Nickens arrived at 3:15 p.m. and requested that the record show his affirmative vote for the previous three new business items. The Board members had no objections, and the Clerk was directed to make this change to the recorded vote. IN RE: REQUESTS FOR WORK SESSIONS h " Reauest for Work session on SeDtem]:)er 22. 1992. to .... JI'" 486 August 25, 1992 Review Tax ExemDtion Programs for Air/Water Pollution t- Control and Recyclinq EauiDment. Chairman Eddy set a work session for September 22, 1992. IN RE: REQUEST FOR PUBLIC HEARING AND FIRST READING OF REZONING ORDINANCE - CONSENT AGENDA Supervisor Nickens moved to approve the first reading. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None h An ordinance to Eliminate conditions on an ADDroximatel 12 Acre Parcel Zoned B-2 Conditional. Located on the North Side of Peters Creek Road ADDroximatelY 50 Feet West of its Intersection with Centurion Road. Hollins Maqisterial District. UDon the Petition of Dominion Bank. National Association. IN RE: CONSENT AGENDA R-82592-5 Supervisor Johnson moved to adopt the Consent Resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy 1 NAYS: None ~ I 1 "'II1II August 25, 1992 48l' RESOLUTION 82592-5 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: 1. that the certain section of the agenda of the Board of Supervisors for August 25, 1992, 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 3, inclusive, as follows: 1. Approval of Minutes - July 28, 1992 and August 11, 1992. Confirmation of Committee Appointments Corrections Resources Board, Grievance and Transportation Safety Commission, Development Authority. 3. Acceptance of Donations of Rights-of-Way for the Bushdale Road Rùral Addition Project. 2. to Community Panel, Highway and Industrial 4. Acceptance of Donations of Rights-of-Way and Drainage Easements for Buckhorn Road in Connection with the Hunting Hills Road Project 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 Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors JOhnson, KOhinke, Minnix, Nickens, Eddy NAYS: None ~ JI'" 488 August 25, 1992 ~ IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS SUDervisor Nickens: (1) He requested a report from staff on cost saving ideas while providing services at the Mt. Pleasant Library. (2) He asked about the status of the Commissioner of Revenue's report on personal property exemption for veterans. SUDervisor Johnson: (1) He reported that the airport experienced its best July in 12 years. (2) He objected that Supervisor Kohinke's letter to Senator Trumbo stated that all democrats favored the proposed APCO power line. Supervisor Johnson will write a letter of clarification to Senator Trumbo. SUDervisor Minnix: (1) He indicated that he had several on the staff level. I citizen inquiries that he would try to handle SUDervisor Eddv: (1) He announced that the Back Creek Fire and Rescue Family Fun Day would be held on August 27, 1992. IN RE: REPORTS Supervisor Johnson moved to receive and file the following reports. The motion carried by a unanimous voice vote. h General Fund UnaDDroDriated Balance ~ Capital Fund UnaDDroDriated Balance ~ Board Continqency Fund .L. statement of the Treasurer's Accountability Der Investments and Portfolio POlicy. as of June 30. 1992 1 h UDdate on civil War Reenactment ~ ~ I I ~ August 25, 1992 48 '9, c; .L. ReDort 1991 Water Proîects L.. Roanoke Valley Facilities Waste Authority Resource solid IN RE: EXECUTIVE SESSION At 3:40 p.m., Supervisor Nickens moved to go into Executive Session pursuant to the Code of Virginia section 2.1-344 A (3) to discuss consideration of the acquisition of real property for public purposes. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None IN RE: CERTIFICATION OF EXECUTIVE SESSION R-82592-6 At 5:20 p.m., Supervisor Johnson moved to return to regular session and adopt the certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None RESOLUTION 82592-6 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive 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 2.1-344.1 of the Code of Virginia ~e~ires .... JI'" 4 9 ::0 - August 25, 1992 a certification by the Board of Supervisors of Roanoke County. ~ Virginia, that such executive 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 members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors of Roanoke county, Virginia. I On motion of Supervisor Johnson to adopt the certification resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None IN RE: PUBLIC HEARINGS h A Resolution Authorizinq a SDecial Use Permit to operate a Debris Waste Landfill on a 74.86 Acre Tract. Located on the East side of Merriman Road. Cave sprinq Maqisterial District. UDon the Petition of Son. Inc. (Terrv Harrinqton. Planninq Joe Bandy & and zoning 1 Director) ~ ~ I I "'II1II August 25, 1992 491- ';' R-82592-7 Mr. Harrington advised that the petitioner's request for a special use permit for a debris or stump dump landfill was granted on October 22, 1991 with conditions. At the July 28, 1992 Board of supervisors' meeting, the petitioner asked for three amendments to the conditions of the permit: (1) modify the use of the site to allow acceptance of construction debris, (2) increase the size of the active fill area within this parcel, and (3) reduce the required buffer yard on one side of the site from a required distance of 400 feet to 50 feet. The Planning Commission recommended approval at their July 7, 1992 meeting. The petitioner asked for a continuance until August 25, 1992, and the Board voted to refer the matter back to the Planning Commission. Mr. Harrington advised that the petitioner has now withdrawn amendments (1) and (2) as stated above. He is requesting thè continued use of the landfill as a stump dump with a reduction of the buffer along one property line from 400 feet to 50 feet. He reported that Mr. Dudley, the adjoining property owner, has furnished a written statement that he has no objections to the reduction. In response to an inquiry from Supervisor Minnix, Mr. Harrington advised that the only waste that can go into the landfill would be stumps, wood, brush and leaves: that the petitioner agrees to abide by any future regulations regarding countywide inspections: and that the landfill will be open to the public. A discussion followed concerning the meaning of Proffered Condi tion #9: "This landfill site is allowed to be, open to the ~ JI'" 4~9·2,. August 25, 1992 (i) t- pUblic". Supervisor Eddy suggested that the Resolution Condition be expanded and reworded as contained in a memorandum from Mr. Harrington dated August 25, 1992. Ed Natt, Attorney, was present and spoke on behalf of the petitioner. The fOllowing citizens spoke in opposition to the landfill: (1) Marlin H. ThomDson. Route 2, Box 167, Boones Mill, VA: (2) Iris Move. Route 2, Box 102, Boones Mills, VA: (3) B. H. CarDer. 5827 Arcturus Drive: The following citizens spoke in support of the landfill: (1) Rick Whitnev. 5346 Castle Rock Road: (2) Ron Boothe. 3922 Electric Road: A petition against the landfill/dump, containing 1131 signatures, was presented to the Clerk to the Board. Supervisor Minnix, requested that the County monitor the landfill. Supervisor Minnix moved to adopt the resolution with the adjustment of the boundary buffer and proffered condition #9 (Resolution i) reworded as contained in Terry Harrington's memorandum of August 25, 1992. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None RESOLUTION 82592-7 AMENDING RESOLUTION 102291-12 GRANTING A SPECIAL USE PERMIT TO JOE BANDY , SON INC. TO OPERATE A DEBRIS WASTE LANDFILL ON A 1 ~ ~ I 1 "'II1II August 25, 1992 493 74.86-ACRE TRACT LOCATED ON MERRIMAN ROAD (ROUTE 613) 800 INTERSECTION WITH TOKEN ROAD SPRING MAGISTERIAL DISTRICT THE EAST SIDE OF FEET NORTH OF ITS (ROUTE 684), CAVE WHEREAS, on October 22, 1991, the Board of Supervisors granted a special exception permit for the location and operation of a stump and construction debris landfill on a 74.86 acre tract of land located on the east side of Merriman Road (Route 613) 800 feet north of its intersection with Token Road (Route 684) in the Cave Spring Magisterial District subject to certain conditions: and WHEREAS, Joe Bandy & Son, Inc. has filed a petition to operate a debris waste landfill- at the same location with amended the conditions: and WHEREAS, the Planning Commission held a pUblic hearing on this matter on July 7, 1992: and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a public hearing on this matter August 25, 1992. NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special exception permit for the location and operation of a debris waste landfill is substantially in accord with the adopted 1985 Compre- hensive Plan pursuant to the provisions of § 15.1-456 (b) of the 1950 Code of Virginia, as amended. 2. That the Board hereby grants a Special Use Permit to Joe Bandy & Son Inc. to operate a debris waste landfill, on approximately 75 acres of land located on the east side of Merriman Road (Route 613) ~ JI'" 49~4' 800 feet north of its August 25, 1992 intersection with Token Road (Route 684), in the ~ Cave Spring Magisterial District, subject to the followin~ amended conditions: a. Active landfilling will not be conducted on more than 25 acres. b. !lìjlti:::::::::::.I:j:::!:::!::~œl:~§11:¡t::::IE81.ÊM:!:!:!*~BRïfi~I1IM:::::::::::~ªj::g.::::::::::¡ì1~I)::::j:::::Ilê ê"Êsìji::::::::::fiB.til!::::::::::~¡I!:j£:jl:lml:ml~:¡:¡:l~i§!I\:¡':i:l~t:î¡:gllmgtmãltt~t::jjjj:¡':\.ÆÊti:jj\\\@fæ:ii: §lm:::::::::I!:!:::!:!:!:::::gg:;$1!ê!j::::::::::::::iffin!IBï:::::::::I:BH!I£i::::::::::::::~§l1IB!:æ;ñ]~i:::::::::::::::illei::::::::::::::lnre: R8B:185I::::::::gl::::~:::II1":ii::::::::I::I!Eï!¡II:::1!!.:::I:¡j.M~::::¡¡:::Rg¡~níI:\¡::t:tmlt:t::::~:::II:I:::¡':::¡¡¡¡i!lil~ÉM §§œê1li¥::t::::::::::::¡::::.§i2:j:::::!~!:i:::::::g!fitil!::::::i¡tIIDI::::::lgœª~iæti~::~:: a mini- mum buffer of 400 feet shall be established from any portion of fill area to any point on the property I boundary. c. Operating hours shall be limited to 7:30 a.m. to 5:30 p.m., Monday through Saturday. d. Buildin~ oonotruotion or demolition àebril3, oaoh ao lumber, dryuûll, and roofinq uill not be permitted to be lûndfillcd on thio aitc. ŒII::::::::::::gñæl:::::::::::I!~EI::::::::::¡l1g:::::::::::EI ilgl:IMli:::::::::::ffin¡:::::::::Êlffi~::¡:::::¡:!Blg$1ææ:1:::¡:::::::æ~::j::::::il!!:æl:::::::::I~§l1ti:::::::::ªI!:ænlêJ:m::BI l;i.:i::::::I:::::II§~:f::¡:::::::::::::~flml:¡':¡::::::::::::!:~il!::::::::I::m~IÎä§:::::¡j::::::!ÊBï:::::::::::::¡iI;D@:::::::::::::i1*~I1I±n~ Rmti~l1:~§im::f:: e. This site will not be utilized as a landfill until a permit is received from VDWM and copy of such submitted f. to the County. The gatehouse will not be visible from Route 613. 1 g. The 400-foot access road will be paved ~í!l~I'ËREígglg. ~ ~ "1111 August 25, 1992 49 5 ",~ h. Petitioner agrees to abide by any future regulations I I regarding County-wide inspections. i. Thio landfill aite io allowed to be o~cn to the ~ublic. .il[i:iiiiiiiii¡~i~ìÎi~æffiiæiiiiiiiiiiiæHii:i!i!i!iiil~Miiiiii!i!Êìij~¡::¡:il~i§ãi¡i:i!:::§M~!i:i:i!lì~i8ßj~iiiiii¡iBllj!ti!:¡i¡i¡ãß~B Hn&:::ii::i::ii:gi:!:~!tl:8I1jÊ:;,i:iiiiiiii:i::::I:I§ª:§Š1:::~i~:iiiia~g::iii::::::::~EæffigE:::::::i::iiiiêgilæg#~I::::::::::BM:::~::::~iUUj~:i ßjl:liæffiBnIE:ii¡iiimg:::::i:i!ìl.i:iiiii~¡iEgiRæ:æ!iEìi¡iiiiiil~mniIi::ãæ~::iiiiiil.Eijili811~:::::iiig:! IfI:j:i::~:::lm.ffil::::i:::$âl~:~:::~:~~BRìiilffil::::::::Fgi:i:iiii~ñliIi::i!lj!-):::~::::mê.il:ffiÆI~ª:ii::ii§M::::::::In; ßjH:æææBn§E:~::: On motion of Supervisor Minnix to adopt the ordinance as proffered and to change the wording of proffer (i) for clarification, and carried by the following recorded vote: AYES: NAYS: IN RE: IN RE: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy None RECESS At 7:45 p.m., Chairman Eddy declared a two-minute recess. PUBLIC HEARING AND SECOND READING OF ORDINANCES h An Ordinance to Amend Proffered Conditions on a 0.685 Acre Tract Zoned M-1 to Allow Automobile ReDair and Wholesale storaqe Warehouses. Located at 2730 Peters Creek Road. Catawba Maqisterial Petition of Thomas R. Hubbard. Jr. District. UDon the (Terry Harrington. ."" 0-82592-8 Planninq and Zoninq Director) ~ ,.. 49,6 August 25, 1992 requests ~ Mr. Harrington advised that the peti tioner amendment of the proffered conditions attached to the property as a result of 1990 and 1991 actions to allow an automobile repair and wholesale storage warehouses. In 1990, approval was given for a heating and air conditioning business and in 1992, approval was given to amend conditions to allow operation of a taxi service. The Planning Commission recommended approval of the petition with proffered conditions. Mr. Harrington advised that the petitioner, prior to the public hearing, submitted a clarification of proffered condition #2b by eliminating "automobile painting". There were no citizens to speak on this ordinance. I Supervisor Kohinke moved to adopt the ordinance and change . proffered condition #2b to eliminate automobile painting. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None C" ORDINANCE 82592-8 TO AMEND PROFFERED CONDITIONS ON THE REZONING OF A 0.685-ACRE TRACT OF REAL ESTATE LOCATED AT 4909 COVE ROAD AND 2730 PETERS CREEK ROAD (TAX HAP NO. 37.17-1-5) IN THE CATAWBA MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF M-1, LIGHT INDUSTRIAL DISTRICT, TO THE ZONING CLASSIFICATION OF M-1, LIGHT INDUSTRIAL DISTRICT/CONDITIONAL (AMENDMENT TO PROFFERS) UPON THE APPLICATION OF THOMAS R. HUBBARD JR. WHEREAS, the first reading of this ordinance was held on July 1 28, 1992, and the second readin~ and public hearing was held August ~ 1 I I ~ August 25, 1992 49 ], 25, 1992: and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on August 4, 1992: and, WHEREAS, legal notice and advertisement has been provided as required by law: and WHEREAS, this property was rezoned from B-2, General Commercial District, to M-1, Light Industrial District, with proffered conditions, on January 23, 1990: and WHEREAS, a use-not-provided for permit to operate a taxi service on this property was approved on October 22, 1991. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing 0.685 acres, as described herein, and located at 4909 Cove Road and 2730 Peters Creek Road (Tax Map No. 37.17-1-5) in the Catawba Magisterial District, is hereby changed from the zoning classification of M-1, Light Industrial District, to the zoning classification of M-1, Light Industrial District/ Conditional, with amended proffered conditions. 2. That this action is taken upon the application of Thomas R. Hubbard Jr. 3. That the owner has voluntarily proffered in writing the following amendments to proffered conditions approved by the Board of Supervisors on January 23, 1990, which the Board of Supervisors hereby accepts: (a) No outside storage of materials eBill::::::::::!III;:lïl:!Mm .... J"" 498 August 25, 1992 ~ (b) (0) (d) (c) (f) *illll:ml:i Cosmetio improvemcnto to the exterior of thc builàin~._ rlant ncw ohrubs in front of thc building. The property will be used primarily for (a) the sale of heating and air conditioning systems and guttering and related components, and for the inside storage and fabrication of materials incidental to such sales and for office, administrative and other purposes reasonably related to the activities above-described: The total ~rea of all Duaineos eigne on the propcrty will not at any onc timc exoeed the oum of 1.25 oquarc fect for each line~l foot of otrcet front~gc anà in no c·.9cnt more than 300 oquare feet, rcgardlcos of thc I number of lincal fcct of otrcct frontage. The storage of motor fuels in bulk, either above or below ground, shall be prohibited. All other proffers and conditions would remain in full force. 5. That said real estate is more fully described as follows: BEGINNING at an iron stake on the northwesterly right-of-way line of Peters Creek Road, Virginia Highway Route 117, 146.29 feet northeasterly from an angle point at the northwesterly corner of Peters Creek Road and Cove Road, said beginning point being the northeasterly corner of the property of Humble Oil Co.: thence leaving Peters Creek Road and with two lines of the Humble Oil Co. property N. 74 deg. 21' W. 100.0 feet to an iron stake: thence S. 34 deg. 28' 30" W. 165.00 feet to an iron stake on the northerly right- of-way line of Cove Road (Virginia Highway No. 116): thence with same, leaving the Humble oil Co. property N. 74 deg. 21' W. 113.00 feet to an iron stake, a corner to' the property of Mrs. Dorothy H . Whitesell, Mrs. Geraldine H. Waring and Frances H. Easley: thence with same and leaving Cove Road, N. 35 deg. 12' 10" E. 250.0 feet to a point, a new corner: thence with a new division line through thai property of William Kenney S. 62 deg. 16' 50" E. 201.59 feet to a point on the northwesterly right-of-way line of Peters Creek Road: thence with said right-of-way line with a curved ~ I I ~ August 25, 1992 499 line to the left, having a radius of 2334.83 feet, a chord bearing and distance of S. 36 deg. 59' 35" W. 40.0 feet and an arc distance of 40.00 feet to the point of BEGINNING, containing 0.0685 acres, as shown on plat made by David Dick & Associates, dated February 26, 1973, which said plat is recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 968, page 99. " 6. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance shall be, and the same hereby are, repealed. On motion of Supervisor Kohinke to adopt the ordinance and eliminate "automobile painting" in proffered condition 2b, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None ~ An Ordinance to Rezone ADDroximate1Y .25 Acre from B-2 to B-1. Located at 5314 Fallowater Drive. Cave SDrinq Maqisterial District. UDon the Petition of G. L. Boone and J. A. Boone. (Terry Harrinqton. Plannincr and Zoninq Director) 0-82592-9 Mr. Harrington advised that the petitioners are requesting removal of existing proffers on the parcel that restricts its use to a video store/restaurant. The petitioners wish to use the property for office space. The Planning Commission recommended approval. There were no citizens present to speak on the ordinance. Supervisor Minnix moved to adopt the ordinance. The motion .... r" August 25, 1992 500 carried by the following recorded vote: ~ AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None ORDINANCE 82592-9 TO CHANGE THE ZON~NG CLASSIFICATION OF A ~25-ACRE TRACT OF REAL ESTATE LOCATED AT 5314 FALLOWATER DRIVE (TAX MAP NO. 77.19-1-24) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF B-2, CONDITIONAL, TO THE ZONING CLASSIFICATION OF B-1 UPON THE APPLICATION OF G. L. BOONE AND J. A. BOONE WHEREAS, the first reading of this ordinance was held on July 28, 1992, and the second reading and public hearing was held August 25, 1992: and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on August 4, 1992: and, WHEREAS, legal notice and advertisement has been provided as I required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing .25 acre, as described herein, and located at 5314 Fallowater Drive, (Tax Map Number 77.19-1-24) in the Cave Spring Magisterial District, is hereby changed from the zoning classification , of B-2, Conditional, General Commercial District, to the zoning classification of B-1, Office District. 2. That this action is taken upon the application of G. L. Boone and J. A. Boone. 3. That said real estate is more fully. described as follows: I ~ ., August 25, 1992 50 1 ~ BEGINNING at a point on the easterly side of Bernard Drive N 25 deg. W. 200 feet northerly from the N.E. corner of Bernard Drive and Fallowater Lane, both extended, said beginning point being also N. 25 deg. W. 179.59 feet from the beginning of the curve of the intersection of Bernard Drive and Fallowater Lane: thence N. 50 deg. 32' E. 50.95 feet to a point: thence S. 34 deg. 47' E. 188.47 feet to a point on Fallowater Lane: thence with Fallowater Lane, S. 47 deg. 38' W. 64.67 feet to beginning of curve: thence following a curve to . the right, whose radius is 15 feet, at a distance of 28.13 feet to a point on Bernard Drive: thence with Bernard Drive, N. 25 deg. W. 179.59 feet to the Beginning and being New Lot 1, New Section 1 according to survey and map of resubdi vision of Lot 1 and south portion of Lot 3, Section 5 and Lots 5, 6, and north portion of Lot 4, Section 4, Map of Beulah Heights (DB 357, page 382). 4. That this ordinance shall be in full force and effect thirty II ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. On motion of Supervisor Minnix _to adopt the ordinance, and (30) days after its final passage. All ordinances or parts of car+ied by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None h An Ordinance Authorizinq the Vacation of 120 Linear Feet of a 10 Foot Drainaqe Easement Located on Lot 3. Block 2. section 1 in Meadow Creek Subdivision. section I in the Windsor Hills Maqisterial District. (Terry Harrinqton. Planninq and Zoninq Director) I 0-82592-10 Mr. Harrington advised that the petitioners are requesting ~ JI'" !>() 2" ' vacation of an existing August 25, 1992 drainage easement that was created at the timet- of platting. staff has no objection to this request because the need for this easement has been eliminated. There were no citizens present to speak on the ordinance. Supervisor Nickens moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy NAYS: None ORDINANCE 82592-10 VACATING 120 LINEAR FEET OF A 10-FOOT DRAINAGE EASEMENT SHOWN ON THE SOUTHERN PROPERTY LINE OF LOT 3, BLOCK 2, SECTION 1, MEADOW CREEK SUBDIVISION (PLAT BOOK 9, PAGE 305), WINDSOR HILLS MAGISTERIAL DISTRICT WHEREAS, Robert and Sherry Wagstaff have requested the Board of I Supervisors of Roanoke County, Virginia to vacate 120 linear feet of a 10-foot drainage easement located on the southern property line of Lot 3, Block 2, Section 1, Meadow Creek Subdivision in the windsor Hills Magisterial District as shown in Plat Book 9, at page 305 of record in the Clerk's Office of the Roanoke County circuit Court: and, WHEREAS, Section 15.1-482 (b) of the 1950 Code of Virginia, as amended, requires that such action be accomplished by the adoption of an ordinance by the governing body: and, WHEREAS, notice has been given as required by Section 15.1-431 of the 1950 Code of Virginia, as amended, and a first reading of this ordinance was held on August 11, 1992: and the second reading of this ordinance was held on August 25, 1992. BE IT ORDAINED by the Board of Supervisors of Roanoke County, II Virginia, as follows: ~ "'II1II August 25, 1992 5'0.J 1. That 120 linear feet of a 10-foot drainage easement located along the southern property line of Lot 3, Block 2, section 1, Meadow Creek Subdivision in the Windsor Hills Magisterial District of record in Plat Book 9, at page 305, in the Office of the Clerk of the Circuit Court of Roanoke County, Virginia, be, and hereby is, vacated pursuant to Section 15.1-482(b) of the 1950 Code of Virginia, as amended: and, 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. 3. That Robert and Sherry Wagstaff shall record a certified copy of this ordinance with the Clerk of the Circuit Court and shall pay I all fees required to accomplish this transaction and in addition, shall be responsible for all costs and expenses associated herewith. 4. That as a further condition to the adoption of this ordi- nance, the Board of Supervisors of Roanoke County, Virginia, shall be indemnified of and held harmless from and against all' claims for damages to any improvements or structures within the old easement area by them, their heirs, successors, or assigns. On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None I L. AD Ordinance Authorizinq the Vacation of a 15 Foot utili ty and Drainaqe Easement Located on the Common .... r' 50,'4. August 25, 1992 ProDertv Line of Lots 6 and 7. Falcon Crest SUbdiViSion~ in the windsor Hills Maqisterial District. (Terry Harrinqton. Planninq and Zoninq Director) 0-82592-11 Mr. Harrington advised that the petitioners are requesting vacation of an existing drainage easement that was created at the time of platting. Staff has no objection to this request because the need for this easement has been eliminated. There were no citizens present to speak on the ordinance. Supervisor Johnson moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy I NAYS: None ORDINANCE 82592-11 VACATING A 15-FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT LOCATED ON THE COMMON PROPERTY LINE OF LOTS 6 AND 7, FALCON CREST SUBDIVISION AND RECORDED IN PLAT BOOK 10, PAGE 42, LOCATED IN THE WINDSOR HILLS MAGISTERIAL DISTRICT WHEREAS, Clyde D. Lavinder has requested the Board of Supervisors of Roanoke County, Virginia to vacate a 15-foot pUblic utility and drainage easement located on the common property line of Lots 6 and 7, Falcon Crest Subdivision in the Windsor Hills Magisterial District as shown in Plat Book 10, at page 42 of record in the Clerk's Office of the Roanoke County Circuit Court: and, í WHEREAS, Section 15.1-482 (b) of the 1950 Code of Virginia, as amended, requires that such action be accomplished by the adoption an ordinance by the governing body; and, of II ~ I I " August 25, 1992 :505 WHEREAS, notice has been given as required by section 15.1-431 of the 1950 Code of Virginia, as amended, and a first reading of this ordinance was held on August 11, 1992: and the second reading of this ordinance was held on August 25, 1992. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: That a 15-foot public utility and drainage easement located common property line of Lots 6 and 7, Falcon Crest Subdivision Windsor Hills Magisterial District of record in Plat Book 10, at page 42, in the Office of the Clerk of the Circuit Court of Roanoke County, Virginia, be, and hereby is, vacated pursuant to Section 15.1- 482(b) of the 1950 Code of Virginia, as amended: and, 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. 3. That, Clyde D. Lavinder shall record a certified copy of this ordinance with the Clerk of the Circuit Court and shall pay all fees required to accomplish this transaction and in addition, shall be responsible for all costs and expenses associated herewith. 4. That as a further condition to the adoption of this ordi- nance, the Board of Supervisors of Roanoke County, Virginia, shall be indemnified of and held harmless from and against all claims for damages to any improvements or structures within the old easement area by him, his heirs, successors, or assigns. On motion of Supervisor Johnson to adopt the ordinance, and 1. on the in the .....1 JI'" 50,6 August 25, 1992 ~ carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None h An Ordinance Amendinq the Zoninq Ordinance by the ReDeal of Same and bY AdoDtinq and Reenactinq a New Zoninq Ordinance. (Terry Harrington. Planninq and Zoninq Director) 0-82592-12 Mr. Harrington outlined the changes as contained in the Addendum Revisions to the June 15. 1992 Draft of the Proposed zoningl Ordinance, and requested that this be included in the adoption of the zoning ordinance. Mr. Harrington outlined the contents of a memorandum from Planner Jon Hartley dated August 25, 1992, listing two options for clarification of the definition of use type for Article II, Major Type utilities. Following a discussion of the options, Supervisor Nickens moved to approve Option 1 (to require a special use permit from the Board of Supervisors for a new community water supply) for clarifica- tion of Article II, Major Public utilities in the Zoning Ordinance. There was no vote and the motion was withdrawn. Supervisor Nickens moved to approve Option 2 (to ~xclude community water supply systems as major utilities) for clarification II of Article II, Major Public utilities in the Zoning Ordinance. ~ ~ August 25, 1992 507 AYES: Supervisors Johnson, KOhinke, Minnix, Nickens NAYS: None ABSTAIN: Supervisor Eddy The following citizens spoke concerning the zoning ordinance: 1. Rick Whitnev. 5346 Castle Rock Road. presented a summary of comments on the Roanoke County Zoning Text from the Roanoke Regional Home Builders Association. The main concerns are: (1) that the zoning text would be implemented with no definite date for maps to be prepared and approved, and (2) lot sizes. 2. Harold Winqate. Box 134. Catawba. requested action be delayed on the text until a full set of maps are available, and II expressed concern about lot sizes. 3. David Sliqh. 7917 Bradshaw Road. supports the proposed I ~ revisions to the Zoning Ordinance as approved by the Planning Commission but encouraged the maintenance of open spaces for agricultural areas and forests. 4. Rudv Cox. 5828 Merriman Road. requested that the Zoning Ordinance be given more study and expressed concern about lot sizes. Chairman Eddy advised that a letter had been received from William R. Blankenship, Vice President, Citizen's Environmental Council expressing its support of the Planning Commission's recommendations for minimum lot sizes. Mr. Harrington requested that changes suggested in a memorandum dated August 25 1992, from Supervisor Eddy concerning townhouse density and lot sizes, be made a part of the Zoning ~ JI'" 508 August 25, 1992 t- Ordinance. Chairman Eddy asked Mr. Harrington to respond to several questions from citizens who spoke. Mr. Harrington advised that the Planning Commission will have a public hearing on the maps the first week in November. He reported that the Planning Commission met several weeks ago to review the draft proposals for some of the community planning areas. The Planning Commission will discuss the maps as a group on the third Tuesday in September, but the Planning commission and staff will meet and tour individually for the next month to become involved with the drafting of the maps. He advised that the Planning commission could make a recommendation in November and this would give the Board a two month cycle to review the maps. I Mr. Harrington reported that arrangements have been made to hold five community meetings in October, one in each magisterial district. Supervisor Nickens advised that he felt that having only one meeting in his district would not be sufficient. He asked that public meetings not be scheduled in the Vinton Magisterial District without first consulting his schedule so that he could attend. After further discussion, Supervisor Nickens moved to adopt the 6/15 draft of the zoning ordinance, and 8/21 addendum revision, with the zoning ordinance to be implemented 60 days after the maps have been adopted. supervisor Johnson made a substitute motion to adopt the proposed 6/15 draft of the zoning ordinance, with 8/21 amendments, and with changes in lot sizes for AR and AV Districts, and tOwÌlhousell density for ~-2, R-3, R-4, as contained in Supervisor Eddy's ~ I I ~ August 25, 1992 I I 50 9 ~~ memorandum of August 25, 1992, with implementation of ordinance to be I December 31, 1992. The mdtion carried by the following recorded vote: I I Supervisors Johnson, Kohinke, Minnix, Eddy I . . k I Superv1sor N1C ens I ORDINANCE 82592112 AMENDING THE ZONING ORDINANCE FOR ROANOKE couNTy BY THE REPEAL OF SAME AND BY ADOPTING AND REENACTING A NEW ZONING ORDINANCE FOR ROANOKE COUNTY, lAND PROVIDING FOR CERTAIN TRANSI- TION PROVISIONS !ANDAN EFFECTIVE DATE THEREOF i WHEREAS, the old zoning ordinance for Roanoke County was adopted I over twenty years ago. It was reorganized and updated in 1985 to AYES: NAYS: improve its ease of use, to correct possible legal problems, and to make standards and documents consistent with then-current conditions. Its substantive provisiobs have been amended from time-to-time to I address evolving issues of growth and land use in Roanoke County: and WHEREAS, the Roanoke County Planning Commission and County staff have been laboring for the past three years to develop a new zoning I ordinance for the County to address the changing needs and land use patterns of the County and its citizens: and WHEREAS, this ordinabce is adopted in accordance with and pursu- . . I. . ant to the prov1s10ns of Art1cle 8, Chapter 11, T1tle 15.1 of the 1950 d f . .. I d h Co e 0 V1rg1n1a, as amende , and C apters 3 and 9 of the Roanoke County Charter: and I WHEREAS, the 1992 Roanoke County Zoning Ordinance is adopted in order to implement the 1985 Roanoke County Comprehensive Plan (and reviewed by the Planning Commission in 1990 in accordance with Section 15.1-454 of the State Code) to address future growth and development ..... JI'" 510 August 25, 1992 t- policies of the County: and WHEREAS, the Board finds that the adoption and reenactment of this zoning ordinance will improve the public health, safety, conve- nience and welfare of the citizens of the County and will assist in planning for the future development of this community to the end that transportation systems be carefully planned: that new community centers be developed with adequate highway, utility, health, educa- tional, and recreational facilities: that the needs of agriculture, industry, and business be recognized in future growth: that residen- tial areas be provided with healthy surroundings for family life; that agricultural and forestal land be preserved: and that the growth of the community be consonant with the efficient and economical use public funds; and WHEREAS, the Roanoke County Planning Commission and planning staff have conducted numerous neighborhood and civic league meetings, work sessions, community open house sessions, and pUblic hearings to advise and inform the citizens and the development community of the provisions of the new zoning ordinance: and WHEREAS, the Roanoke County Planning Commission held public hearings on this matter on April 7, 1992, and June 2, 1992: and recommended approval of this ordinance to the Board of Supervisors of Roanoke County, Virginia: and WHEREAS, legal notice and advertisement has been provided as required by law: and WHEREAS, the first reading of this ordinance was held on June 23, 1992, and the second reading and public hearing was held on August 25, of I II ~ ~ I I "'II1II August 25, 1992 511.;.: 1992. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Roanoke County Zoning Ordinance, 1985 edition, as amended, is amended by repealing it in its entirety, Sections 21-1 through 21-140, as amended. 2. That the following provisions of the Roanoke County Code are hereby amended by repealing them in their entirety: a. sections 201.00 through 202.00 inclusive of all subsec- tions of the Public Street and Parkinq Desiqn Standards and SDecifications of the Roanoke County "Design and Construction Standards Manual." b. Article II, "Public Dance Halls, " of Chapter 4, "Amusements" of the Roanoke County Code. c. Article III, "Shooting Matches" of Chapter 4, "Amuse- ments" of the Roanoke County Code. 3. That there is hereby adopted and reenacted a Zoning Ordi- nance for Roanoke County, being Appendix A of the Roanoke County Code, as follows: '. ~ J"" ·512:' August 25, 1992 ~ 1992 ZONING ORDINANCE ADOPTED: AUGUST 25, 1992 EFFECTIVE: DECEMBER 31, 1992 TABLE OF CONTENTS ARTICLE I GENERAL PROVISIONS SEC. 30-1 AUTHORIlY AND CITATION. ...... .................. ...................... SEC. 30-2 JURISDICTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PURPOSE ............................................................ SEC. 30-3 SEC. 30-4 APPUCATlON OF REGULATIONS... . ....... . ... '" . . . . .... . . . .............. SEC. 30-5 ZONING ADMINISTRATOR; POWERS AND DUTIES ............................. ESTABUSHMENT OF DISmlCTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SEC. 30-6 SEC. 30-7 INTERPRETATION OF DISTRICT BOUNDARIES ...;'............................ SEC. 30-8 PLANNING COMMISSION; POWERS, DUTIES, AND COMPosmON ................. Sec. 30-8-1 Comprehensive Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I SEC. 30-9 ZONING PERMITS ...................................................... Sec. 30-9-1 Building Permits; Relation to Zoning ................................. SEC. 30-10 CERTIFICATES OF ZONING COMPUANCE ................................... Sec. 30-10-1 Temporary or Partial Certificates of Zoning Compliance .. . . . . . . . . . . . . . . . . . SEC. 30-11 ... 30-13 (RESERVED) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SEC. 30-14 AMENDMENTS TO ORDINANCE ........................................... Sec. 30-14-1 Commission Study and Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-14-2 Board Study and Action .......................................... Sec. 30-14-3 Posting of Property .............................................. Sec. 30-14-4 Posting of Property; Exemptions ........... ... . ... . . . . . ..... . . . . .... SEC. 30-15 CONDmONAL ZONING; GENERALLy....... .. . . . . .. . . . . . . . . . . . .. '... .. . . .... Sec. 30-15-1 Enforcemem of Conditions ....;................................... Sec. 30-15-2 Records of Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-15-3 Review of Administrator's Decisions. . . . . .. . . . . . . . . . . . . . ; . . . . . . . . . . . . . . Sec. 30-15-4 Amendments and Variations of Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . SEC. 30-16 ... SEC. 30-18 (RESERVED) ............................................. SEC. 30-19 , SPECIAL USE PERMITS; APPUCABIUTY AND PURPOSE. . . . . . . . . . . . . . . . . . . . . . . . . II Sec. 30-19-1 GeneraJ Standards .............................................. Sec. 30-19-2 Application Requirements ......................................... ~ ~ II I ""II1II August 25, 1992 513 See. 30-19-3 Review and Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . See. 30-19-4, TimeUmitations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SEC. 30-20 FEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SEC. 30-21 ENFORCEMENT PROCEDURES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SEC. 30-22 PENALTIES. . . . . . . . . . . . . . . . . . . . . . . . '. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . See. 30-22-1 Civil Penalties .................................................. SEC. 30-23 NONCONFORMING USES AND STRUCTURES; GENERALlY . . . . . . . . . . . . . . . . . . . . . . See. 30-23-1 Nonconfonnities; Establishmem of Vested Rights. . . . . . . . . . . . . . . . . . . . . .. See. 30-23-2 ,Nonconfonning Uses of Buildings, Structures or Land .................... See. 30-23-3 Nonconfonning Buildings and Structures . . . . . . . . . . . ._. . . . . . . . . . . . . . . . . . See; 30-23-4 Nonconfonning Site Designs ....................................... Sec. 30-23-5 Nonconfonning Lots of Record. ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SEC. 30-24 BOARD OF ZONING APPEALS . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . Sec. 30-24-1 Powers and Duties .... '. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . See. 30-24-2 Applications for Variances ........................ . . . . . . . . . . . . . . . . . Sec. ~0-24-3 ApplicationsforAppeals.......................................... See. 30-24-4 Procedures for Variances and Appeal ................................ See.. 30-24-5 Certiorari to Review Decision of BZA ................................. SEC. 30-25 ... 30-27 (RESERVED) . . . . . . . . . . . . . . . . . . . ',' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ARTICLE II DEFINITIONS AND USE TYPÈS SEC. 30-28 DEFINmONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SEC. 30-29 USE TYPES; GENERALLY ................................................ Sec. 30-29-1 Aaricultural and Forestry Use Tvoes ................................. Sec. 30-29-2 Residential Use Types . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ . . . . . . Sec. 30-29-3 Civic Use Types ................................................ Sec. 30-29-4 0fIIce Use Types . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sic. 30-29-5 Commercial Use Types ........................................... Sec.,30-29-6 Industrial Use Types ............................................. Sec. 30-29-7 Miscellaneous Use Types ......................................... SEC. 30-30 ... 30-31 (RESERVED) . . . . . . . . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ARTICLE III . DISTRICT REGULATIONS SEC. 3().32 , AG-3 AGRlCUl TURAlJRURALPRESERVE DISTRICT . . . . . . . . . . . . . . . . . . . . . . .. . . .. ' See. 30-32-1 Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .,. . . .. . . . . ! See., 30-32-2 Permitted Uses ................................................. Séc. 30-32-3 Site Development Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SEC. 30-33 AG-1 AGRlCUL TURAL/AURAL LOW DENSITY DISTRICT ......................... See. 30-33-1 Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . See. 30-33-2 Permitted Uses ................................................. .... r"" -;;')~3j-~<" 514 August 25, 1992 ~ Sec. 30-33-3 Site Development Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SEC. 30-34 AR AGRICULTURAL/RESIDENTIAL DISTRICT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-34-1 Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-34-2 Permitted Uses .............................................. ~ . . Sec. 30-34-3 Site Development Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SEC. 30-35 (RESERVED) .......................................................... SEC. 30-36 AV VILLAGE CENTER DISTRICT. ... . . . .... . . .. . .. . . . ... . .. . . . .. . .. .... .... Sec. 30-36-1 Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-36-2 Permitted Uses ................................................. Sec. 30-36-3 Site Development Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. \ SEC. 30-37 ... 30-40 (RESERVED) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SEC. 30-41 R-1 LOW DENSITY RESIDENTIAL DISTRICT .................................. Sec. 30-41-1 Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-41-2 Permitted Uses ................................................. Sec. 30-41-3 Site Development Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SEC. 30-42 R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT ............................... Sec. 30-42-1 Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-42-2 Permitted Uses ................................................. Sec. 30-42-3 Site Development Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II SEC. 30-43 ... 30-44 (RESERVED) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SEC. 30-45 R-3 MEDIUM DENSITY MULTI-FAMILY RESIDENTIAL DISTRICT.. . . . .... . .. .... ... . Sec. 30-45-1 Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-45-2 Permitted Uses ................................................. Sec. 30-45-3 Site Development Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SEC. 30-46 R-4 HIGH DENSITY MULTI-FAMILY RESIDENTIAL DISTRICT ...................... Sec. 30-46-1 Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-46-2 Permitted Uses ................................................. Sec. 30-46-3 Site Development Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ' SEC. 30-47 PRD PLANNED RESIDENTIAL DEVELOPMENT DISTRlèT ........................ Sec. 3047-1 Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '. . . . . . . . . . . . . . . . : Sec. 30-47-2 Permitted Uses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , Sec. 30-47-3 Site Development Regulations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-47-4 Relationship to Existing Development Regulations. . . . . . . . . . . . . . . . . . . . . . . Sec. 30-47-5 Application Process. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-47-6 Revisions to Final Master Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-47-7 Approval of Preliminary and Final Site Development Plans ................. Sec. 30-47-8 Failure to Begin Development ...................................... Sec. 30-47-9 Control Following Approval of Final Development Plans. . . . . . . . . . . . . . . . . . .; Sec. 30-47-10 Existing Planned Unit Developments .................................' SEC. 30-48 R-MH MANUFACTURED HOUSING OVERLAY DISTRICT ........ . . . . . . . . . . . . . . . . .: II l ~ I I "'II1II August 25, 1992 515 , Sec. 30-48-1 Sec. 30-48-2 Sec. 30-48-3 Sec. 30-48-4 Purpose ...................................................... Permitted Uses ................................................. Site Development Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Designation and Process for Creation of Overlay ........................ SEC. 30-49 RCO RESIDENTIAL CLUSTER OVERLAY DISTRICT (RESERVED) .................. SEC. 30-50 (RESERVED). . . . . . . . . . . . . . . . . . . . . . . . . '. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SEC. 30-51 NC NEIGHBORHOOD COMMERCIAL DISTRICT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec.' 30-51-1 Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-51-2 Permitted Uses ................................................. Sec. 30-51-3 Site Development Standards ....................................... SEC. 30-52 (RESERVED) .......................................................... SEC. 30-53 C-1 OFFICE DISTRICT .................................................. Sec. 30-53-1 Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-53-2 Permitted Uses ................................................. Sec. 30-53-3 Site Development Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SEC. 30-54 C-2 GENERAL COMMERCIAL DISTRICT ..................................... Sec. 30-54-1 Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-54-2 Permitted Uses ................................................. Sec. 30-54-3 Site Development Regulations . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SEC. 30-55 (RESERVED). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SEC. 30-56 INT INTERCHANGE DISTRICT (RESERVED) ............................'...... SEC. 30-57 PCD PLANNED COMMERCIAL DEVELOPMENT DISTRICT (RESERVED) .. .......... SEC. 30-58 ... 30-60 (RESERVED) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SEC. 30-61 1-1 INDUSTRIAL DISTRICT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-61-1 Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-61-2 Permitted Uses ................................................. Sec. 30-61-3 Site Development Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SEC. 30-62 1-2 INDUSTRIAL DISTRICT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-62-1 Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-62-2 Permitted Uses ................................................. Sec. 30-62-3 Site Development Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SEC. 30-63 PID PLANNED'INDUSTRIAL DEVELOPMENT DISTRICT (RESERVED) . . . . . . . . . . . . . . . . SEC. 30-64 ... 30-70 (RESERVED) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SEC. 30-71 EP EXPLORE PARK DISTRICT. .. .. . . ... . . . . . . . . . . . .. . . . .. . . . . . .. . . ... . .. . . Sec. 30-71-1 Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-71-2 Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...4 """ , 5f6 AUgust 25, 1992 ~ Sec. 30-71-3 Sec. 30-714 Sec. 30-71-5 Sec. 30-71-6 Sec. 30-71-7 Sec. 30-71-8 Permitted Uses ................................................. Relationship to Existing Development Regulations ....................... Application Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revisions to Final Master Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Approval of Preliminary and Final Site Development Plans ................. Failure to Begin Development ...................................... SEC. 30-72 AO' AIRPORT OVERLAY DISTRICT ........................................ Sec. 30-72-1 Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-72-2 Creation of Zones. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-72-3 Height limitations ............................................... Sec.' 30-724 Use Restrictions ................................................ SEC. 30-73 ECO Sec. 30-73-1 Sec. 30-73-2 Sec. 30-73-3 Sec. 30-734 Sec. 30-73-5 Sec. 30-73-6 EMERGENCY COMMUNICATIONS OVERLAY DiSTRiCT..................... Purpose ...................................................... Creation of Overlay .............................................. Emergency Communication Zones. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Height and Use limitations ........................................ Permits ....................................................... Appeals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SEC. 30-74 FO FLOODPLAIN OVERLAY DISTRICT. . . . . . . . . . . . . . . . . . . . . . . '. . . . . . . . . . . . . . . . Sec. 30-74-1 Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II Sec. 30-74-2 Applicability and Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-74-3 Compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-744 Delineation of Areas ............................................. Sec. 30-74-5 Creation of Overlay .............................................. Sec. 30-74-6 Floodplain Boundary Changes and Interpretation. . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-74-7 Floodplain Area Provisions, Generally ................................ Sec. 30-74-8 Floodway Development Regulations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-74-9 Flood-Fringe and Approximated Floodplain Development Regulations ........ Sec. 30-74-10 Procedures for Special Uses in Floodways . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-74-11 Variances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-74-12 Existing Structures in Floodplain Areas ............................... Sec. 30-74-13 liability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SEC. 30-74 ... 30-79 (RESERVED) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ARTICLE IV USE AND DESIGN STANDARDS SEC. 30-80 USE AND DESIGN STANDARDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . SEC. 30-81 AGRICULTURAL AND FORESTRY USES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-81-1 Agriculture . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-81-2 Commercial Feedlots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-81-3 Farm Employee Housing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-814 Forestry Operations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-81-5 Stables, Private. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .' II Sec. 30-81-6 Stable, Commercial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-81-7 Wayside Stands ............................................. .'. . ~ ~ I I "'II1II August 25, 1992 517: SEC. 30-82 RESIDENTIAL USES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-82-1 Accessory Apartments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-82-2 Home Beauty/Barber Salon ........................................ Sec. 30-82-3 Home Occupations, Type I and Type II ................. ~ . .. . . . . . . . . . . Sec. 30-82-4 Kennel, Private ................................................. Sec. 30-82-5 Manufactured Homes, Accessory . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-82-6 Manufactured Home, Class A ...................................... Sec. 30-82-7 Manufactured Home, Class C ...................................... Sec. 30-82-8 Manufactured Home, Emergency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-82-9 Manufactured Home Park ......................................... Sec. 30-82-10 Manufactured Housing Subdivision .................................. Sec. 30-82-11 Multi-family Dwelling ............................................. Sec. 30-82-12 Single Family, Detached (Zero Lot Line Option) ......................... Sec. 30-82-13 Single Family, Attached. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-82-14 Townhouses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-82-15 Two-family Dwelling ............................................. SEC. 30-83 CIVIC USES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-83-1 Cemetery. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-83-2 Clubs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-83-3 Community Recreation ........................................... Sec. 30-83-4 Day Care Center . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-83-5 Educational Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-83-6 Family Day Care Home ........................................... Sec. 30-83-7 Park and Ride Facility ............................................ Sec. 30-83-8 Public Parks and Recreational Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-83-9 Religious Assembly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-83-10 Safety Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-83-11 Utility Services, Major. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SEC. 30-84 OFFICE USES ......................................................... Sec. 30-84-1 General Office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-84-2 Medical Office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-84-3 Financiallnstitutions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SEC. 30-85 COMMERCIAL USES .................................................... Sec. 30-85-1 Agricultural Services ............................................. Sec. 30-85-2 Antique Shops ................................................. Sec. 30-85-3 Automobile Dealership, New ....................................... Sec. 30-85-4 Automobile Dealership, Used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-85-5 Automobile Repair Services, Major . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-85-6 Automobile Repair Services, Minor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . Sec. 30-85-7 Automobile Parts/Supply, Retail . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-85-8 Bed and Breakfast . . . . . . . . . . . . . . . . . . '. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-85-9 Campground . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-85-10 Car Wash ..................................................... Sec. 30-85-11 Clinic. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-85-12 Construction Sales and Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-85-13 Convenience Store .............................................. Sec. 30-85-14 Equipment Sales and Rentals ...................................... Sec. 30-85-15 Garden Center ................................................. ~ ,.... 518 August 25, 1992 ~ Sec. 30-85-16 Sec. 30-85-17 Sec. 30-85-18 Sec. 30-85-19 Sec. 30-85-20 Sec. 30-85-21 Sec. 30-85-22 Sec. 30-85-23 Sec. 30-85-24 Sec. 30-85-25 Gasoline Station ................................................ Golf Course . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Kennel, Commercial. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mini-warehouse . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Manufactured Home Sales . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Recreational Vehicle Sales and Service ............................... Restaurant, Family . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restaurant, General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restaurant, Drive-In or Fast Food. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Truck Stop .................................................... SEC. 30~86 INDUSTRIAL USES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-86-1 Asphalt Plants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-86-2 Construction Yards .............................................. Sec. 30-86-3 Custom Manufacturing ........................................... Sec. 30-86-4 Landfill, Construction Debris ......................................, Sec. 30-86-5 Landfill, Rubble " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , Sec. 30-86-6 Landfill, Sanitary .................................. '. . . . . . . . . . . . . . Sec. 30-86-7 Recycling Centers and Stations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-86-8 Resource Extraction ............................................. Sec. 30-86-9 Scrap and SalVage Yards ........................................, Sec. 30-86-10 Transfer Station. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , SEC. 30-87 MISCELLANEOUS USES ................................................. II Sec. 30-87-1 Aviation Facilities, Private. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . Sec. 30-87-2 Broadcasting Tower. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-87-3 Outdoor Gatherings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-87-4 Parking Facilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-87-5 Shooting Ranges, Outdoor ...............:........................ SEC. 30-88 ACCESSORY USES AND STRUCTURES ..................................... Sec. 30-88-1 Accessory Uses: Agricultural Use Types. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-88-2 Accessory Uses: Residential Use Types .............................. Sec. 30-88-3 Accessory Uses: Civic Use Types . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-88-4 Accessory Uses: Office Use Types . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-88-5 Accessory Uses: Commercial Use Types . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-88-6 Accessory Uses: Industrial Use Types ................................ SEC. 30-89 (RESERVED) . . . ........... ........... . . ... ... ... ... . .. . .. ...... . ...... ARTICLE V . DEVELOPMENT STANDARDS SEC. 30-90 SITE DEVELOPMENT PLANS ................................................ Sec. 30-90-1 Information Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-90-2 Format of Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; . . . . . . . . Sec. 30-90-3 Administrative Procedures and Requirements. .......................... Sec. 30-90-4 Minimum Standards and Improvements Requirecl ....................... SEC. 30-91 OFF STREET PARKING, STACKING AND LOADING ............................. Sec. 30-91-1 Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-91-2 General Regulations for Parking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I ~ ~ I 1 ~ August 25, 1992 9· ~\ 51 ' Sec. 30-91-3 Sec. 30-91-4 Sec. 30-91-5 Sec. 30-91-6 Sec. 30-91-7 Sec. 30-91-8 Sec. 30-91-9 Sec. 30-91-10 Sec. 30-91-11 Sec. 30-91-12 Spaces for Disabled Parking ....................................... Permitted locations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Access ...........:........................................... Construction Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Parking Space Dimensions ........................................ General Criteria for Determining Parking .............................. Minimum Parking Required ........................................ Stacking Spaces and Drive-Through Facilities .......................... Off-Street loading, Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Minimum loading Spaces Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SEC. 30-92 SCREENING, LANDSCAPING, AND BUFFER YARDS ............................ , Sec. 30-92-1 Intent. . . . . . . . . . . . . . . . ',' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-92-2 Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-92-3 Standards and Specifications ...................................... Sec. 30-92-4 Applicability of Regulations ........................................ Sec. 30-92-5 Modifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SEC. 30-93 SIGNS ............,..................................................... Sec. 30-93-1 P,urpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-93-2 Permitted Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-93-3 Exempted Signs ................................................. Sec. 30-93-4 Prohibited Signs ................................................ Sec. 30-93-5 Sign Permits ................................................... Sec. 30-93-6 Measurement of Sign Area and Distances ............................. Sec. 30-93-7 Calculation of Allowable Sign Area on Corner lots . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-93-8 Temporary Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-93-9 Illuminated Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-93-10 Projecting and Suspended Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-93-11 Nonconforming Signs, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-93-12 Damaged or Neglected Signs .................................,.... Sec. 30-93-13 District Regulations .............................................. Sec. 30-93-14 Special Signage Districts and Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-93-15 Variances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SEC 30-94 EXTERIOR UGHTlNG . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SEC. 30-100 MiSCEllANEOUS..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-100-1 Plot Plans ..................................................... Sec. 30-100-2 Yard, Setback and Height Requirements .............................. Sec.30-100-3 Frontage Requirements on Cul-de-sacs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-100-4 Pipestem lots; Prohibition of Irregular lots ............................ Sec. 30-100-5 Single Family Detached Dwellings; Number Permitted on a Single lot ........ Sec. 30-100-6 Public Utility lots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 30-100-7 Corner and Double Frontage lots, Orientation of Yards. . . . . . . . . . . . . . . . . . . Sec. 30-100-8 Establishment of Sight Triangles ..................................., Sec. 30-100-9 location and Design of Fences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , Sec. 30-100-10 Standards and Procedures for Review of Condominiums . . . . . . . . . . . . . . . . . Sec. 30-100-11 Family Exemption; Permitted locations and Standards. . . . . . . . . . . . . . . . . . . Sec.30-100-12 Table of Metric Equivalents ....................................... ~ J"" Article I , 520, General Provisions ARTICLE I GENERAL PROVISIONS SEC.30-1 AUTHORITY AND CITATION (A) The provisions of this ordinance are adopted pursuant to Section 15.1-486 et seq., of the Code of Virginia, as amended. This ordinance, and all provisions contained herein, together with the official zoning map, a copy of which is on file in the Department of Planning and Zoning, shall be known as the Roanoke County Zoning Ordinance, and may be cited as such, or as the ·Zoning Ordinance.· SEC. 30-2 JURISDICTION (A) The provisions of this ordinance shall apply to all property within the unincorporated portions of Roanoke County, Virginia, including any property within the County that may be assessed in an adjoining jurisdiction. SEC. 30.3 PURPOSE (A) The zoning regulations and districts set forth in this ordinance are for the general purpose of implementing the comprehensive plan of Roanoke County. They are designed to achieve the general purposes of promoting the health, safety, and general welfare of the public, and of further accomplishing the objectives of Section 15.1-427 of the Code of Virginia, as amended. To these ends, this ordinance is designed to give reasonable consideration to each of the following purposes: 1. Provide for adequate light, air, convenience of access, and safety from fire, flood and other dangers; . 2. Reduce or prevent congestion in the public streets; , 3. Facilitate the creation of a convenient, attractive and harmonious community; 4. Facilitate the provision of adequate police, fire protection, disaster evacuation, civil defense, transportation, water, sewer, flood protection, schools, parks, forests, playgrounds, recreational facilities, airports and other public requirements; 5. Protect against destruction of, or encroachment upon historic buildings or areas; 6. Protect against one or more of the following: overcrowding of land, undue density of population in relation to the community facilities existing or available, ·obstruction of light or air, hazards and congestion in travel and transportation, or loss of life, health, or property from fire, flood, panic, or other hazards; 7. Encourage economic development activities that provide desirable employment and enlarge the tax base; 8. Provide for the preservation of agricultural and forestal lands; 9. Protect approach slopes and other safety areas of licensed airports, and; 10. Protect surface and groundwater resources. SEC.30-4 APPLICATION OF REGULATIONS 8/25/92 ~ ~ I 1 Article I ""III 521 ~ General Provisions (A) Uses and activities not provided for or addressed by the terms of this ordinance, shall be considered and consistem with the provisions of this ordinance. (8) Where the standards imposed by this ordinance, are more or less restrictive than any other standard imposed by public regulation or private agreemem, the more restrictive standard shall apply. SEC.30-5 ZONING ADMINISTRATOR; POWERS AND DUTIES (A) The Director of Planning and Zoning shall serve as the Administrator of this ordinance. (8) The Administrator shall have·the following powers and duties: 2. 3. 4. 1 5. 6. 7. 8. 1. Zonina Dermit. To issue or deny a zoning permit for the erection, construction, reconstruction, moving, adding to, or alteration of any structure, or the establishmem of any land use. The Administrator shall also have the authority to revoke any zoning permit if violations of the provisions of this ordinance occur. Certificate of zonina comDliance. To issue or deny a certificate of zoning compliance. Collect fees. To collect any fees required or set forth in this ordinance. Makina and keeDina records. To make and keep all records required by state law or necessary and appropriate for the administration of this ordinance. InsDection of buildinas or land. To inspect any building or land to determine if violations of this chapter have been committed or exist. Enforcemem. To enforce this ordinance and take all necessary steps to remedy any condition found in violation of the provisions of this ordinance. Reauest assistance. To request the assistance of other local and state officials or agencies in the administration and enforcement of this ordinance. Interpretation. To interpret the official zoning map and provisions of this ordinance, and offer written opinions on their meaning and applicability. SEC.30-6 ESTABUSHMENT OF DISTRICTS (A) The following are established as Roanoke County zoning districts: AG-3 AG-1 AR AV R-1 1 R-2 R-3 R-4 8/25/92 Aaricultural Districts Agriculture/Rural Preserve District Agriculture/Rural Low Density District Agriculture/Residential District Village Center District Residential Districts Low Density Residential District Medium Density Residential District Medium Density Multi-Family Residential District High Density Multi-Family Residential District ~ J"" 522.' Article I General Provisions PRD Planned Residential Develo ment District RCO Residential Cluster Overlay District (Reserved) NC C-1 C-2 INT PCD Commercial Districts Neighborhood Commercial District Office District General Commercial District Interchange District (Reserved) Planned Commercial Development District (Reserved) Industrial Districts 1-1 Industrial District 1-2 Industrial District PID Planned Industrial Development District (Reserved) EP Explore Park District AO Airport Overlay District ECO Emergency Communications Overlay District FO Floodplain Overlay District Special Purpose Districts The location and boundaries of these zoning districts are shown on the official zoning map. SEC.30-7 INTERPRETATION OF DISTRICT BOUNDARIES (A) Where uncertainty exists as to the boundaries of districts shown on the official zoning map, the following rules shall apply: I 1. Boundaries indicated as approximately following the center lines of streets, right-of-ways, or alleys shall be construed to follow such center lines; 2. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines, except that the zoning designation of any platted lot shall extend to the center line of any adjacent street, right-of-way or alley. 3. Boundaries indicated as following center lines of bodies of water shall be construed as following such center lines. In the event such center lines move as a result of natural forces, the boundary ! shall also move. 4. Where there is uncertainty concerning the location of a district boundary not resolved by the application of the above rules, the Administrator may interpret the official zoning map in such a way as to carry out the purpose and intent of this ordinance. SEC. 30-8 PLANNING COMMISSION; POWERS, DUTIES, AND COMPOSITION (A) The Commission shall have the right to exercise all of the powers and duties authorized by Title 15.1., Chapter 11 of the Code of Virginia, as amended. The Commission shall advise and assist the Board in accomplishing the purposes of this ordinance. (B) The Commission shall consist of no less than five and no more than fifteen members, who shall be II appointed by the Board. Composition of the Commission shall be in accord with Section 15.1-437 of the Code of Virginia, as amended. Each of the magisterial districts within the County shall be 8/25/92 ~ ~ I 1 ""II1II 523 " Article I General Provisions represented by at least one member of the Commission. At-large members shall be permitted, if ð,Pt./. u·..-.J Ly LI.~ 8m;!. J (C) The Commission shall develop, adopt and maintain by-laws that govern its operation. Sec. 30-8-1 Comprehensive Plan (A) The Commission shall prepare and recommend a comprehensive plan for the physical development of the County in accordance with the requirements of Section 15.1-446.1 of the Code of Virginia, as amended. The plan may also include any other policy areas deemed by the Commission and Board to be important to the long term development of the County. The Board shall adopt the plan in accord with the requirements of Title 15.1 Chapter 11 Article 4 of the Code of Virginia. as amended. Once adopted, the Commission shall have the responsibility to continuously review and recommend updates to the plan to ensure that the plan remains a current statement of County development goals, objectives, and policies. (B) The comprehensive plan shall be used by the Commission and Board as one basis upon which to evaluate amendments to, and approvals required by, this ordinance in accordance with provisions contained herein. SEC. 30-9 ZONING PERMITS (A) A zoning permit shall be required for the erection, construction, reconstruction. moving, adding to, or alteration of any structure, or the establishment of any land use. except as listed below: 1. Patios 2. Fences. provided their location and design conform to Section 30-100-8 and Section 30-100-9 of this ordinance. (B) It shall be the responsibility of the applicant to provide any information necessary for the Administrator to determine that the proposed use, building. or structure complies with all provisions of this ordinance. (C) For any use, building, or structure requiring an approved site development plan. no zoning permit shall be issued, until such time as a site development plan is submitted. reviewed and approved in accordance with Section 30-90 of this ordinance. (D) For uses or structures not requiring an approved site development plan. the Administrator shall determine, in accord with this ordinance, the type of information necessary to review the permit. At a minimum, a plot plan shall be required meeting the standards contained in Section 30-100-1 of this Ordinance. (E) All zoning permits issued shall be valid for a period of six months. unless the structure. use or activity for which the permit was issued has commenced. The Administrator may reissue any expired permit provided the structure. use and or activity complies with all applicable provisions of the ordinance at the time of reissuance. (F) The Administrator shall have the authority to approve the form and content of zoning permit applications. Sec. 30-9-1 Building Permits; Relation to Zoning 8/25/92 ~ J"" 52'4 .;" Article I General Provisions (A) No building permit for the extension, erection, or alteration of an or structure shall be issued occupied or used until a certificate of zoning compliance has been issued. SEC. 30-10 CERTIFICATES OF ZONING COMPUANCE (A) A certificate of zoning compliance shall be required for any of the following: 1. Occupancy or use of a building hereafter erected, enlarged or structurally altered. 2. Change in the use or occupancy of an existing building. 3. Occupancy or change in the use of vacant land except for the raising of crops, and other agricultural uses not involving structures. Forestry Operations shall not require a certificate if such operations comply with the provisions of Section 30-81-4. 4. Any change in use of a nonconforming use, or any alteration of a nonconforming building or structure. (B) No such occupancy, use, or change in use shall take place until a certificate of zoning compliance has been issued by the County. Such certificate shall certify that the building or the proposed use, or the use of the land, complies with the provisions of this ordinance. Upon application of the owner or an authorized agent, the County shall issue the certificate of zoning compliance for any building, structure or lot; provided, that the County finds such building, structure or lot is in conformity with all applicable provisions of this ordinance, and all other applicable County laws. (C) The County shall issue or deny any application for a certificate of zoning compliance within 7 days of an application being filed. If denied, the County shall advise the owner or owner's agent the reasons for the denial, and the specific actions required on the part of the owner before the certificate of zoning compliance can be issued. I Sec. 30-10-1 Temporary or Partial Certificates of Zoning Compliance (A) In situations where a building, structure,or property, must be occupied or used prior to completion of all improvements required by County law, the County may issue a temporary or partial certificate of zoning compliance for the property upon application by the owner or authorized agent. Temporary or partial certificates of zoning compliance shall be valid for a period not to exceed eight months, during which time all improvements required by County law must be made. (B) The County shall not issue any temporary or partial certificate of zoning compliance unless: 1. The site and building is in a safe and usable condition, free from conditions that might endanger the health, safety or welfare of persons using the site, and, 2. The owner or authorized agent provides to the County a performance guarantee, requiring corrective action. This guarantee shall be payable to the County, in an amount determined by the County to be sufficient to insure satisfactory completion of all improvements required and related to the development within eight months from the date of issuance of the temporary or partial certificate of zoning compliance. The performance guarantee may be in the form of a corporate surety bond, cash account, or irrevocable letter of credit. The county attorney shall approve the 1 form and language of any instrument submitted. , 8/25/92 ~ I 1 ~ 525 ,~ Article I General Provisions 3. The Administrator shall have the authority to waive the performance guarantee if the unfinished 4. The Administrator shall have the authority to grant an extension to the temporary certificate of zoning compliance, provided all performance guarantees remain in effect. SEC. 30-11 ... 30-13 (RESERVED) SEC. 30-14 AMENDMENTS TO ORDINANCE (A) Whenever the public necessity, convenience, general welfare, or good zoning practice require, the Board may, by ordinance, amend, supplement, or change these regulations, district boundaries, or classifications of property. Any such amendments may be initiated by: 1. Resolution of the Board, or; 2. Motion of the Commission, or; 3. Petition of the owner, contract purchaser with the owner's written consent, or the owner's agent thereof, of the property which is the subject of the proposed zoning map amendment. Any petition submitted shall be in writing and shall be addressed to the Administrator, Board or Commission. (B) The Administrator shall establish and maintain the amendment application materials. These application materials shall, at a minimum, include any information the Administrator deems necessary for the Commission and Board to adequately evaluate the amendment request. A concept plan shall accompany all map amendment requests. Standards for concept plans are found in a document entitled Land Development Procedures. available in the Department of Engineering and Inspections. (C) The Administrator shall not accept any amendment application for a lot or parcel that does not comply with the minimum lot area, width, or frontage requirements of the requested zoning district. In such situations, the applicant shall first seek a variance from the Board of Zoning Appeals. If a variance is granted, the Administrator shall thereafter accept the amendment application for the consideration of the CommiSsion and Board. (D) If any amendment application is withdrawn· at the request of the applicant subsequent to the Commission's recommendation on the application, or if the Board denies any amendment application submitted for its review, the County shall not consider substantially the same application for the same property within one year of the application's withdrawal or the Board's action. The Administrator shall have the authority to determine whether new applications submitted within this one year period are substantially the same. In making any such determination the Administrator shall have the authority to consider any items pertaining to the proposed use or development of the site such as, but not limited to, the uses proposed, densities, access, building locations, and overall site design. Sec. 30.14-1 Commission Study and Action (A) All proposed amendments to the zoning ordinance shall be referred by the Board to the Commission for study and recommendation. The Commission shall study proposals to determine: 1. The need and justification for the change. 8/25/92 ~ ".. ;- 526, Article I General Provisions 2. When pertaining to a change in the district classification of pro e Commission shall consider the appropriateness of the property for the proposed change as related to the purposes set forth at the beginning of each district classification. 3. The relationship of the proposed amendment to the purposes of the general planning program of the County, with appropriate consideration as to whether the change will further the purposes of this ordinance and the general welfare of the entire community. 4. Whether the proposed amendment conforms to the general guidelines and policies contained in the County comprehensive plan. (B) Prior to making any recommer:'ldation to the Board on a proposed amendment to the zoning ordinance, the Commission shall advertise and hold a public hearing in accord with the provisions of Section 15.1- 431 of the Code of Virginia, as amended. The cost of all public advertisements shall be the responsibility of the applicant. (C) The Commission shall review the proposed amendment and report its findings and recommendations to the Board along with any appropriate explanatory materials within ninety days from the date that the proposed zoning ordinance amendment is referred to the Commission. Failure of the Commission to report to the Board within ninety days shall be deemed a recommendation of approval. If the Commission does not report within ninety days, the Board may act on the amendment without the recommendation of the Commission. (D) Any recommendation of the Commission shall be deemed advisory, and shall not be binding on the Board. Sec. 30-14-2 Board Study and Action 1 (A) Before enacting any proposed amendment to the zoning ordinance, the Board shall hold a public hearing as required by Section 15.1-431 of the Code of Virginia, as amended. The cost of all public advertisements shall be the responsibility of the applicant. After holding this hearing, the Board may make appropriate changes to the proposed amendment; provided however that no land may be zoned to a more intensive use classification than was contained in the public notice without an additional public notice as required by Section 15.1-431. Amendment to the zoning ordinance shall be by ordinance of the Board. (B) The Clerk of the Board shall transmit to the Administrator official notice of any Board action modifying the zoning ordinance. The Administrator shall thereafter have the responsibility to make any necessary and appropriate changes to the zoning ordinance text or map. Sec. 30-14-3 Posting of Property (A) Notwithstanding any advertising requirements imposed by Section 15.1-431 of the Code of Virginia, as amended, any applicant for a proposed map amendment, special use permit, variance or any other type of review as elsewhere specified in this ordinance, shall have the additional responsibility of placing public notice on the property proposed for review. (B) At least 14 days prior to the Commission's public hearing on the pending application, the applicant shall 1 erect on the subject property, signs provided by the Administrator, indicating the change proposed, and the date, time, and place of the public hearing. Failure to do so shall result in the cancellation or '8/25/92 l ~ 5 -2'" ~;, Article I General Provisions continuation of the scheduled public hearing. The applicant shall be responsible for all advertising costs (C) The Administrator shall determine the number of signs required, however, there shall be at least one sign posted along each public right of way abutting the property. At least one sign shall be posted every 300 feet along any single right-of-way. For properties that lack any public right-of-way, all required signs shall be posted along at least two property lines, as determined by the Administrator. (D) The applicant shall have the responsibility to determine and provide the structural elements necessary to erect the sign on the property. All signs erected must be posted within ten feet of the adjacent right of way, and must be clearly visible from same. (E) The applicant shall have the responsibility of protecting the signs from the elements to ensure that the sign is in place and legible through the date of the public hearing. If any sign is damaged due to the elements, such that the pertinent information on the sign is unreadable, the public hearing may be rescheduled or continued. The applicant shall be responsible for all advertising costs associated with rescheduling the public hearing. (F) All public hearing signs posted shall be removed from the property by the applicant within 14 days after the Commission's public hearing. Sec. 30-14-4 Posting of Property; Exemptions (A) The following exemptions shall apply to the provisions of Section 30-14-3: I 1. The posting of property shall not be required for any action initiated by a resolution of the Board, if the action encompasses more than twenty-six parcels of land. 2. Vandalism or unauthorized removal of the signs prior to the Commission hearing shall not violate the public notice intent of Section 30-14-3. The Administrator shall have the responsibility for determining whethe~ or not the signs have been vandalized. SEC. 30-15 CONDITIONAL ZONING; GENERALLY (A) In accordance with the authority granted to Roanoke County per 15.1491.2:1 of the Code of Virginia, as amended, the owner of property for which an amendment is requested may voluntarily proffer in writing reasonable conditions, in addition to the applicable regulations for the requested zoning district. All proffered conditions must be signed by the owner of the property. (B) Roanoke County's acceptance of proffers pursuant to this authority shall be in accord with the procedures and standards contained in 15.1491.2: 1 of the Code of Virginia, as amended. (C) All conditions proffered by the owner shall meet the following standards: 1. 2. 3. I 4. 8/25/92 The rezoning itself must give rise for the need for the conditions. The conditions shall have a reasonable relation to the rezoning. The conditions shall be in conformity with the comprehensive plan. The conditions must be clearly understood and enforceable. ~ J"" 52 8 ~' Article I General Provisions 5. The conditions must not require or allow a design or standard that is less restrictive than the (D) Any such conditions should be submitted prior to the start of the Commission's public hearing on the amendment. All conditions shall be submitted prior to the start of the Board's public hearing, and shall also be submitted in accord with any adopted Board policy pertaining to the submittal of proffers. If proffered conditions which substantially modify the nature or impact of the proposed use, are made by the owner after the Commission's recommendation on the amendment, the Administrator shall recommend to the Board that the amendment be referred back to the Commission for further review and action. The Commission shall have the authority to schedule a new public hearing for any request so referred. The applicant shall be responsible for all advertising costs associated with the new public hearing. (E) The Commission and the Board shall not be obligated to accept any or all of the conditions made by the property owner. Sec. 30-15-1 Enforcement of Conditions (A) The Administrator shall be vested with all necessary authority on behalf of the Board to administer and enforce conditions attached to a rezoning or amendment to a zoning map, including: 1. The ordering in writing of the remedy of any noncompliance with such conditions. 2. The bringing of legal action to insure compliance with such conditions. 3. Requiring a guarantee, satisfactory to the Administrator in an amount sufficient for and conditioned I upon the construction of any physical improvements required by the conditions, or a contract for the construction of such improvements, and the contractor's guarantee, in like amount and so conditioned, which guarantee shall be reduced or released by the Administrator upon the submission of satisfactory evidence that construction of such improvements has been completed in whole or in part. (B) Failure of a property owner to meet all conditions accepted by the Board shall constitute cause to deny approval of a site development plan, or deny issuance of a zoning permit, building permit, or certificate of zoning compliance, as may be appropriate. Sec. 30-15-2 Records of Conditions (A) The zoning map shall show by an appropriate symbol on the map the existence of conditions attached to the zoning on the map. The Administrator shall keep and make available for public inspection a conditional zoning index. The index shall provide ready access to the ordinance creating the conditions in addition to the regulations provided for in a particular zoning district or zone. Sec. 30-15-3 Review of Administrator's Decisions (A) Any zoning applicant, or any other person aggrieved by a decision of the Administrator made pursuant to the provisions of Section 30-15, may petition the Board for the review of the decision of the Administrator. All such petitions for review shall be filed with the Administrator within thirty days from the date of the decision for which review is sought. All such petitions shall specify the grounds upon which the petitioner is aggrieved. Sec. 30-15-4 Amendments and Variations of Conditions 1 8/25/92 ~ ~ 529 Article I General Provisions (A) Any r~quest by an applicant to amend conditions that were voluntarily proffered and acce the provisions contained in Section 30-14. the (B) 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 15.1-431 of the Code of Virginia, as amended. The cost of all public advertisements shall be the responsibility of the applicant. SEC. 30-16 no SEC. 30-18 (RESERVED) SEC. 30-19 SPECIAL USE PERMITS; APPLICABIUTY AND PURPOSE (A) The procedures and standards contained in this section shall apply to all uses specifically permitted as special uses in the district regulations found elsewhere in this ordinance. (B) This category of uses known as special uses is established in recognition that in addition to uses permitted by right, certain uses may, depending upon their scale, design, location, and conditions imposed by the Board, be compatible with existing and future uses in a district. (C) The review and subsequent approval or disapproval of a special use permit by the Board shall be considered a legislative act, and shall, be governed by the procedures thereof. Sec. 30-19-1 General Standards I (A) No special use permit shall be issued except upon a finding of the Board that in addition to conformity with any standards set forth in Article IV Use and Desian Standards, the proposed special use conforms with the following general standards. These standards shall be met either by the proposal made in the original special use permit application, or by the proposal as modified or amended as part of the review of the application by the Commission and the Board: 1. The proposal as submitted or modified shall conform to the comprehensive plan of the County, or to specific elements of the plan, and to official County policies adopted in relation thereto, including the purposes of the zoning ordinance. 2. The proposal as submitted or modified shall have a minimum adverse impact on the surrounding neighborhood or community. Adverse impact shall be evaluated with consideration to items such as, but not limited to, traffic congestion, noise, lights, dust, drainage, water quality, air quality, odor, fumes and vibrations. In considering impacts, due regard shall be given to the timing of the operation, site design, access, screening, or other matters which might be regulated to mitigate adverse impact. Sec. 30-19-2 Application Requirements (A) An application for a special use permit may be initiated by: 1. 2. 1 3. 8/25/92 Resolution of the Board, or; Motion of the Commission, or; Petition of the owner, contract purchaser with the owner's written consent, or the owner's agent, of the property for which a special use permit is requested. ~ ,.. 530 Article I General Provisions (B) The applicant for a special use permit shall prov!de at the time of application, information and or data district in which it will be located. Further, the applicant shall have the responsibility to demonstrate that the proposed use will have minimum adverse impact on adjoining property and the surrounding neighborhood in terms of public health, safety, or general welfare. (C) All applications submitted for special use permits shall show the nature and extent of the proposed use and development. If the proposed development is to be constructed in phases, all phases shall be shown at the time of the original application. The applicant shall have the responsibility to show that the proposal meets all of the applicable specific and general standards for the use. (D) The Administrator shall establish and maintain the special use permit application materials. At a minimum these materials shall require the submittal of a concept plan. Standards for concept plans are found in a document entitled Land Development Procedures. available in the Department of Engineering and Inspections. Sec. 30-19-3 Review and Action (A) The Department of Planning and Zoning shall review all special use permit applications submitted. This review shall evaluate the proposal against the comprehensive plan and the specific and general standards for the requested use. The Department shall make a report of its findings to the Commission. This report shall contain all information pertinent to the evaluation of the request. (B) The Commission shall review and make recommendations to the Board concerning the approval or disapproval of any special use permit. No such recommendation shall be made until after a public hearing is held in accordance with Section 15.1-431 of the Code of Virginia, as amended. Posting of I the property shall be in accord with Section 30-14-3 of this ordinance. The Commission shall base its recommendation upon the review of the submitted application materials, the specific and general criteria for the special use, public comment received at the hearing, and the information and evaluation of the Department of Planning and Zoning. In making a recommendation to the Board, the Commission may recommend any conditions necessary to insure that the proposal meets the specific and general standards for the proposed use. Any such conditions shall be related to the design, scale, use, or operation of the proposed special use. Where warranted, for the purpose of compliance with the general standards for special uses, such conditions may exceed the specific standards for the use found elsewhere in this ordinance. (C) The Board may grant or deny any applicant a special use permit after notice is given and a public hearing is held in accordance with Section 15.1-431 of the Code of Virginia, as amended. No action on any special use permit shall be taken until the Board has received the recommendation of the Planning Commission. In granting a special use permit, the Board may attach any conditions necessary to insure that the proposal meets the specific and general standards for the proposed use. Any such conditions shall be related to the design, scale, use, or operation of the proposed special use. Where warranted, for the purpose of compliance with the general standards for special uses, such conditions may exceed the specific standards for the use found elsewhere in this ordinance. Sec. 30-19-4 Time Umltatlons (A) Within ninety days from the date that the proposed special use permit application is referred to the Commission, unless a longer period shall have been established by mutual agreement between the Board and the Commission in a particular case, the Commission shall review the proposed application and report its findings and recommendation to the Board along with any appropriate explanatory materials. Failure of the Commission to report to the· Board within ninety days shall be deemed a 1 8/25/92 ~ I I ~ 531 Article I General Provisions recommendation of approval. If the Commission does not report within ninety days, the Board may act (B) The Board shall hold a public hearing and approve or deny any special use permit application within twelve months after receiving the Commission's recommendation. Failure to act on any permit within this twelve month period shall be deemed denial of the permit. (C) Any special use permit granted shall be null and void two years after approval by the Board if the use or development authorized by the permit is not commenced to a degree that, in the opinion of the Administrator, clearly establishes the intent to utilize the granted special use permit in a period of time deemed reasonable for the type and scope of improvements involved. (D) Special uses which are approved by the Board shall run with the land, except that 1. Activities or uses approved by a special use permit which are discontinued for a period of more than two consecutive years shall not be reestablished on the same property unless a new special use permit is issued in 'accord with this ordinance. 2. A special use permit shall be void, if at the time of the commencement of the authorized use, activity, or structure, the site for which the permit has been granted contains other uses or activities not in place at the time of the issuance of the special use permit. (E) If any special use permit application is withdrawn at the request of the applicant subsequent to the Commission's recommendation on the permit, or if the Board denies any application submitted for its review, the County shall not consider any application for the same special use, on the same property, within one year of the permit withdrawal or the Board's action. SEC. 30-20 FEES (A) Administrative review fees for permits and procedures specified by this ordinance shall be established by the Board; A schedule of these fees is available in the Department of Planning and Zoning. SEC. 30-21 ENFORCEMENT PROCEDURES (A) The Administrator shall have the responsibility for enforcing the provisions of this ordinance. The Administrator may, as necessary, solicit the assistance of other local and state officials and agencies to assist with this enforcement. (B) Property owners, permit applicants, and/or establishment owners/managers, as applicable, shall be notified in writing 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 15 days from the date of written notification, 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 violation is not corrected within the time period specified in the first notification, a second written notice shall be sent. The second notification shall request compliance with these pr<;>visions within a period not to exceed 7 days. (D) If the Administrator is, not able to obtain compliance with these provisions in accordance with the procedures outline above, civil and/or criminal procedures may be initiated in accordance with County law. 8/25/92 ~ J"" -z2 ~5~ Article I General Provisions (A) Any violation of any provision of this ordinance shall be a misdemeanor punishable by a fine of not less than ten dollars nor more than one thousand dollars. Each day a violation exists shall constitute a separate offense. ~ Gee aA 99 PENAL TI[S Sec. 30-22·1 Civil Penalties (A) Violation of the following scheduled provisions of this ordinance shall be deemed an infraction and shall be punishable by a civil penalty of $100.00 dollars. 1. Section 30-93, Signs; except for provisions relating to the posting of signs on public property, or public rights-of-way. 2. (RESERVED) (B) Each day during which any violation of the provisions scheduled above is found to have existed shall constitute a separate offense. However, in no event shall any such violation arising from the same set of operative facts be charged more frequently than once in any 10 day period, nor shall any such violation arising from the same set of operative facts result in civil penalties which exceed a total of $3,000.00. (C) The designation of a particular violation of this ordinance as an infraction under this section shall preclude the prosecution of such as a criminal misdemeanor, except for any violation resulting in injury to any person or persons, which may be so prosecuted as well. I (D) The Administrator shall notify by summons a person committing or suffering the existence of an infraction by certified, return receipt requested mail, of the infraction. The Roanoke County Sheriff's Office may also deliver the summons. The summons shall contain the following information: 1. The name and address of the person charged. 2. The nature of the infraction and the ordinance provision(s) being violated. 3. The location, date, and time that the infraction occurred, or was observed. 4. The amount of the civil penalty assessed for the infraction. 5. The manner, location, and time that the civil penalty may be paid to the County. 6. The right of the recipient of the summons to elect to stand trial for the infraction and the date of such trial. (E) The summons shall provide that any person summoned for a violation may, within 14 days from the date of mailing of the summons, elect to pay the civil penalty by making an appearance in person, or in writing by mail to the Roanoke County Treasurer's Office at least 72 hours prior to the time and date fixed for trial and, by such appearance, may enter a waiver of trial, admit liability, and pay the civil penålty established for the violation charged. Such summons shall inform the persons summoned of their right to stand trial for the violation charged and provide that a signature to an admission of liability shall have the same force and effect as a judgement in court; however, an admission shall not be deemed a criminal conviction for any purpose. 1 8/25/92 l I 1 ~ 533 Article I General Provisions (F) If a person charged with a violation does not elect to enter a waiver of trial and admit liability, the County prescribed by law. The violation shall be tried in General District Court in the same manner and with the same right of appeal as provided for in Title 8.01 of the Code of Virginia. In any trial for a scheduled violation authorized by this section, it shall be the burden of the County to show the liability of the violator by a preponderance of the evidence. An admission of liability, or finding of liability shall not be a criminal conviction for any purpose. (G) The remedies provided for in this section are cumulative, and are not exclusive and, except as provided above, shall be in addition to any other remedies provided by law. (H) The provisions of this section shall supplement the provisions of Section 30-24 et seq. of this ordinance dealing with the Board of Zoning Appeals. Use of these provisions shall stay any proceeding under this section. SEC. 30-23 NONCONFORMING USES AND STRUCTURES; GENERALLY (A) Within the zoning districts established by this ordinance, or by future amendments which may later be adopted, there exist, or may exist lots, parcels, structures, uses of land and structures, and characteristics of site design and/or use, which were lawful before this ordinance was adopted or amended, but which would be prohibited under the terms of this ordinance, or future amendment. Such structures, uses, and characteristics, or any combination thereof, are considered nonconformities, and are hereby declared by the Board to be inconsistent with the character of the districts in which they occur. (B) Nonconformities are permitted to remain until removed, discontinued, or changed to conform to the provisions of this ordinance. It is the intent of this ordinance that the continuance of nonconformities should not be indefinite, and that the nonconforming uses, structures, or characteristics should gradually be removed. (C) Nothing shall be construed to grant conforming status to uses or structures that existed as legal nonconforming uses prior to the adoption of this section or amendment thereto, unless such uses and structures now conform to all applicable provisions of this ordinance. Sec. 30-23-1 Nonconformltles; Establishment of Vested Rights (A) Nothing in this ordinance shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of this ordinance, or amendments thereto, and upon which actual building ,construction was carried out diligently. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing building has begun in preparation for rebuilding, such activities shall be deemed actual construction provided the work has been carried out diligently. Sec. 30-23-2 Nonconforming Uses of Buildings, Structures or Land (A) Where, at the effective date of this ordinance, or amendment thereto, lawful use exists of buildings, structures or land, individually or in combination, which use is no longer permissible under the terms of this ordinance as enacted or amended, such use may be continued provided: 1. The use is not discontinued for more than two years, or; 8/25/92 ~ ,... 534 Article I General Provisions 2. The use is not converted or replaced, in whole or in part, by a use permitted in the district 3. The buildings or structures containing the nonconforming use are maintained in their then structural condition. If buildings or structures containing a nonconforming use are enlarged, extended, reconstructed, or structurally altered, or if a nonconforming use of land is enlarged or expanded in area, the use of the building, structure or land shall legally conform to the regulations of the zoning district in which they are located. (B) No nonconforming use shall be enlarged, intensified or increased, nor intensified to occupy a larger structure or building than was occupied at the effective date of adoption or subsequent amendment of this ordinance. (C) No nonconforming use shall be moved in whole or in part to any portion of the lot or parcel unoccupied by such use at the time of the adoption or subsequent amendment of this ordinance. (D) No building or structure not conforming to the requirements of this ordinance shall be erected in connection with the nonconforming use of land. (E) Where nonconforming use status applies to a building or structure, removal of the building or structure, or damage from any cause to an extent of more than fifty percent of replacement cost at the time of the damage shall eliminate the nonconforming status of the building or structure or land. (F) Any legally established use which existed prior to the adoption of this ordinance, or any subsequent I amendments, shall not be considered a nonconforming use where a special use permit is now required for establishment of such use. The use shall be allowed to continue operation, as well as reconstruct or structurally alter the building or structure without the necessity of obtaining a special use permit. However, approval of a special use permit shall be required for any future expansion, extension or enlargement of the use or structure. Sec. 30-23-3 Nonconforming Buildings and Structures (A) Where a lawful building or structure exists at the time of passage or amendment of this ordinance, which could not be built under the terms of this ordinance by reason of restrictions on area, bulk, lot coverage, height, yards, or other characteristics of the building or structure, or its location on a lot, such building or structure may be continued so long as it remains otherwise lawful provided: 1. No building or structure shall be enlarged in any way which increases or extends its nonconformity. 2. Any building or structure which is damaged by any means to an extent of more than fifty percent of its replacement cost at the time of damage, shall be reconstructed only in conformity with the provisions of this chapter. 3. Any building or structure which is moved for any reason or for any distance, shall thereafter conform to the regulations for the district in which it is located after it is moved. Sec. 30-23-4 Nonconforming Site Designs 1 8/25/92 l I I ~ Article I 3 fi C' G~ei'aJ~rOViSions (A) If a zoning permit is requested for any type of modification to an existing structure or site, no legal non- . . . be required to comply in full with the provisions of this ordinance. Only those site improvements directly related to or affected by the modified use, structure or activity shall be required to comply in full with the provisions of this ordinance. Sec. 30-23-5 Nonconforming Lots of Record. (A) A lot of record that is nonconforming due to lack of adequate width, depth, or area may be developed, provided the development proposed on the lot is in accordance with the applicable use and design standards contained in the district regulations. (B) Any lot of record that is nonconforming because it has no public street frontage may be developed, or an existing structure on the lot may be expanded, provided the County reviews and grants a special use permit for the proposed development, expansion, and use in accord with the standards and procedures contained in Section 30-19 of this ordinance. This provision shall not apply to the use and development of such parcels for any agricultural and forestry use type, or for single family or two family dwellings. SEC. 30-24 BOARD OF ZONING APPEALS (A) The Board of Zoning Appeals (BZA) shall consist of five members who shall be appointed by the Board. Each member shall be appointed for a five year term. Composition of the BZA shall be in accord with Acts of Assembly 1989, Chapter 119, as amended. The BZA shall have the right, as provided for in this ordinance, to exercise all of the powers and duties authorized by the Roanoke County Charter, as amended. (B) The BZA shall develop, adopt and maintain by-laws that govern its operation. Sec. 30-24-1 Powers and Duties (A) The BZA shall have the power and duty to hear and decide appeals from any written order, requirement, decision, or determination made by any administrative officer in the administration or enforcement of this ordinance. No such appeal shall be heard except after notice and hearing as provided by Section 15.1-431 of the Code of Virginia, as amended. (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: 1. A property owner acquired the property in good faith and where by reason of the exceptional narrowness, shallowness, size or shape of the property at the time of the adoption of this ordinance, or where by reason of exceptional topographic conditions or other extraordinary situation or condition of the property, the strict application of this ordinance would effectively prohibit, or unreasonably restrict the use of the property, or; 2. Due to the condition, situation, or development of immediately adjacent property, the strict application of this ordinance would effectively prohibit, or unreasonably restrict the use of the property, or; 8/25/92 ~ ,... 536 Article I General Provisions 3. That the granting of the variance will alleviate a clearly demonstrable hardshi a All variances granted must be in harmony with the intended spirit and purpose of this ordinance. Specifically, the BZA must find that the strict application of the ordinance would produce undue hardship. This hardship must not be shared by other properties in the same zoning district and in the same vicinity. The BZA must find that the granting of the variance will not be of substantial detriment to adjacent property and that the character of the district will not be changed by the granting of the \ variance. Finally, the BZA must not grant a variance unless it finds that the condition or situation of the property is not so general or recurring a nature as to make reasonably practical the formulation of a general regulation to be adopted as an amendment to this ordinance. No variance request shall be evaluated by the BZA until after notice and hearing as provided by Section 15.1-431 of the Code of Virginia, as amended. In addition, posting of the property shall be required as provided for in Section 30-14-3 of this ordinance. In granting a variance, the BZA may impose such conditions regarding the location, character and other features of the proposed structure or use as it may deem necessary in the public interest, and may require a guarantee or bond to ensure that the conditions imposed are being and will continue to be complied with. (C) The BZA shall have the power and duty to hear and decide appeals from any written decision of the Administrator. No such appeal shall be heard except after notice and hearing as provided by Section 15.1-431 of the Code of Virginia, as amended. (D) The BZA shall have the power and duty to hear and decide applications for interpretation of the official zoning map where the Administrator believes there is uncertainty as to the location of a district boundary. No such determination shall be made except after notice and hearing as provided by Section 15.1-431 of the Code of Virginia, as amended. Any property owner affected by a determination of the location of the boundary must be notified by first class mail prior to any such determination. After notice and hearing the BZA may interpret the map in such a way to carry out the intent and purpose of this ordinance, however the BZA shall not have the power to change substantially the locations of the district boundaries as established by this ordinance. This authority of the BZA to determine the location of district boundaries shall not be construed as the power to rezone property. I Sec. 30.24-2 Applications for Variances (A) Applications for variances may be made by any property owner, tenant, government official, department, board or bureau of the County. All applications shall be submitted to the Administrator in accordance with rules adopted by the BZA. All applications and accompanying maps, plans or other information shall be transmitted promptly to the secretary of the BZA who shall place the application on the agenda to be acted upon by the BZA, within ninety days of the filing of the application. No such application shall be heard except after notice and hearing as provided by Section 15.1-431 of the Code of Virginia, as amended. The Administrator may, and at the direction of the Commission shall, transmit notice of the variance application to the Commission, which may send a recommendation to the BZA, or appear as a party at the hearing. Sec. 30.24-3 Applications for Appeals (A) Appeals to the BZA may be taken by any person aggrieved or by any officer, department, board, or 1 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 8/25/92 ~ I I "'l1lI1 53 7 ~. Article I General Provisions of this ordinance. Appeals must be made within thirty days after the entry of the decision appealed from 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. S~c. 30.24-4 Procedures for Variances and Appeal (A) The BZA shall fix a reasonable time for the hearing of an appeal, give public notice thereof, as well as due notice to all parties of interest, and decide the same within ninety days of the filing of the appeal. In exercising its power, the BZA may reverse or affirm, wholly or partly, or may modify an order, requirement, decision, or determination appealed from. (B) The concurring vote of the majority of the BZA shall be necessary to reverse any order, decision, requirement, or determination of an administrative officer, or to decide in favor of the applicant on any matter upon which the BZA is required to pass under the terms of this ordinance, or to effect any variance from this ordinance. (C) The BZA shall keep minutes of its proceedings and other official actions which shall be filed in the Department of Planning and Zoning. All records shall be public records. The chairman of the BZA, or in his absence, the acting chairman, may administer oaths, and compel the attendance of witnesses. Sec. 30-24-5 Certiorari to Review Decision of BZA (A) Any person jointly or separately aggrieved by any decision of the BZA, or any taxpayer or any officer, department, board or bureau of the County, may present to the circuit court of the County a petition specifying the grounds on which aggrieved. This petition must be filed within 30 days of the BZA's decision. (B) Upon the presentation of such petition, the court shall allow a writ of certior~i to review the decision of the BZA and shall prescribe therein the time within which a return thereto must be made and served upon the relator's attorney, which shall not be less than ten days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the BZA and on due cause shown, grant a restraining order; (C) The BZA shall not be required to return the original papers acted upon by it but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds appealed from and shall be verified. (D) , If upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a commissioner to take such evidence as it may direct, and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or in part, or may modify the decision brought up for review. (E) Costs shall not be allowed against the BZA, unless it shall appear to the court that it acted in bad faith or with malice in making the decision appealed from. In the event the decision of the BZA is affirmed, and the court finds that the appeal was frivolous, the court may order the person or persons who 8/25/92 ~ ,... 538 Article I General Provisions requested the issuance of the writ of certiorari to pay the costs incurred in making a return of the record SEC. 30-25 ... 30-27 (RESERVED) ARTICLE II DEFINITIONS AND USE TYPES SEC. 30-28 DEFINITIONS (A) The following rules for general construction of language shall apply to this ordinance: The specific shall control the general. The word "person" includes a "firm, association, organization, partnership, trust, company," as well as an "individual." Any words pertaining to gender shall be interchangeable. The word "he" shall mean "she", and "she" shall mean "he". The words "used" or "occupied" include the words "intended, designed, or arranged to be used or occupied. " The word "lot" includes the words "plot" or "parcel." The present tense includes the future tense; the singular number includes the plural; the plural number includes the singular. I The word "shall" is mandatory; the word "may" or "should" is permissive. All public officials, bodies, and agencies referred to in this ordinance are those of Roanoke County, Virginia, unless otherwise specifically indicated. ' (B), Where terms are not defined, they shall have their ordinarily accepted meaning, or such as the context may imply. (C) For the purposes of this ordinance, the words and phrases listed below in this section shall have the meanings described below. ACCESSORY BUILDING OR STRUCTURE - A building or structure detached from a principal building on the same lot and customarily incidental and subordinate to the principal building or use. Where an accessory building or structure is attached to the principal building in a substantial manner, as by a wall or roof, such accessory building shall be considered a part of the principal building. ACCESSORY USE - A use of land or a building or structure or portion thereof customarily incidental and subordinate to the principal use of the land or building or structure and located on the same lot with such principal use. AGRICULTURAL PRODUCT SIGN - Any sign displayed for the purpose of advertising agricultural products produced on the premises where the sign is displayed. ' ALTERATION - Any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders or interior partitions, or any enlargement or reduction of a II 8/2f)/92 ~ I I ~ 539"~ ARTICLE II Definitions building or structure, whether horizontally or vertical ,or the movin of a buildin or a structure from ATTACHED SIGN - Any sign that is affixed directly to a wall, roof, canopy, awning, marquee, mansard wall, parapet wall, or porch of a building, and whose face is parallel to the building element to which it is attached. Attached signs have only one face visible from a public right-of-way. AWNING - A shelter constructed of rigid or nonrigid materials on a supporting framework, either freestanding, or projecting from and supported by an exterior wall of a building. AWNING SIGN - A type of attached sign painted on, printed on, or otherwise affIXed to the suñace of an awning. BANNER - A sign applied to cloth, paper, flexible plastic, or fabric of any kind and generally intended to be displayed on a temporary basis. BASEMENT - A story partly underground and having at least one-half of its height above the average adjoining grade on all sides of the building or structure. BOARD - The term Board shall refer to the Board of Supervisors of Roanoke County, Virginia, unless otherwise specifically indicated. BOARD OF ZONING APPEALS - The term Board of Zoning Appeals shall refer to the Roanoke County Board of Zoning Appeals, also referred to in this ordinance as BZA. BUFFER YARD - A yard improved with screening and landscaping materials required between abutting zoning districts of differing intensities or between adjoining land uses for the purpose of decreasing the adverse impact of differing uses and districts. BUILDING - Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, activity, process, equipment, goods or materials of any kind. BUILDING COVERAGE - That portion of a lot, which when viewed from directly above, would be covered by any building or structure. For the purposes of this definition, lot shall include contiguous lots of the same ownership within a single zoning district which are to be used, developed or built upon as a unit. BUILDING, HEIGHT OF - The vertical distance measured from the average adjoining grade on all sides of the building or structure to: in the case of flat roofs, the level of the highest point of the roof or top of the building or structure; in the case of a mansard roof the deck line; and in the case of pitched roofs, including hipped and gambrel roofs, the mean level between the eaves and the highest point of the roof. (For exemptions, see Section 30-100-2.) BUILDING UNE - The line, parallel to the street right-of-way, that passes through the point of the principal building nearest the street right-of-way, or in the case of the rear building line, furthest from the street right-of-way. BUSINESS SIGN - A sign which directs attention to a profession or business conducted, or to a commodity, service activity or entertainment sold or offered, upon the premises where the sign is located, or in the building to which the sign is affixed. 8/25/92 ~ J"" 5 4 0 r;,~ ARTICLE II Definitions CAMPSITE - A designated plot of ground within a campground intended or used for the exclusive CELLAR - A story having more than one-half of its height below average adjoining grade on all sides of the building or structure. CERTIFICATE OF ZONING COMPLIANCE - For the purposes of this ordinance, official certification that premises conform to all applicable provisions of the zoning ordinance and may be lawfully used or occupied. 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. COMMERCIAL DELIVERY - The delivery of goods, products, materials, or other items associated with a home occupation by any means other than that which would normally deliver to a residential neighborhood (i.e. U. S. Postal Service, UPS, Federal Express, etc.) COMMISSION - The term Commission shall mean the Planning Commission of Roanoke County, Virginia CONDOMINIUM - A building or group of buildings, created pursuant to Virginia Condominium Act of 1974, Section 55-79.39 at seq., Code of Virginia (1950) as amended, in which units are owned individually, and the structure, common areas and facilities are owned by all the owners on a proportional, undivided basis. I CONSTRUCTION SIGN - A temporary sign identifying an architect, developer, builder, general contractor, subcontractor, material supplier, and or financing entity participating in construction on the property on which the sign is located. COUNTY - Shall mean Roanoke County, Virginia DECK - A structure, without a roof, directly adjacent to a principal building which has an average elevation of 30 inches or greater from finished grade. A deck may be constructed of any materials. DEDICATION - The transfer of private property to public ownership upon written acceptance. DEVELOPMENT - Any man-made change to improved or unimproved real estate including but not limited to buildings or other structures, the placement of manufactured homes, streets and other paving, utilities, filling, grading, excavation, mining, dredging, or drilling operations. This definition shall only apply to the provisions of Section 30-74, Floodplains. DIRECTIONAL SIGN - Any sign displayed for the direction and convenience of the public, including signs which identify rest rooms, location of public telephones, public entrances, freight entrances or the like. DRIVEWAY - A private roadway providing access for vehicles to a parking space, garage, dwelling, or other structure. DWEWNG UNIT - A room or group of rooms connected together containing cooking, bathroom and 1 sleeping facilities constituting a separate, independent housekeeping unit, physically separated from any other dwelling unit in the same structure. 8/25/92 ~ I 1 ~ 541 '. ARTICLE II Definitions ESTABUSHMENT - Any business, enterprise or other land use permitted by this ordinance. FAMILY - One or more persons related by blood, marriage, or adoption, or under approved foster care, or a group of not more than five persons (incl~ding servants) living together as a single housekeeping unit. FLOOD - A general and temporary inundation of normally dry land areas. FLOOD, ONE HUNDRED YEAR - A flood that, on the average, is likely to occur once every 100 years (i.e., that has a one percent chance of occurring each year, although the flood may occur in any year). FLOODPLAIN - (1) A relatively flat or low land area adjoining a river, stream, or watercourse which is subject to partial or complete inundation; or, (2) an area subject to the unusual and rapid accumulation of run-off or surface waters from any source. FLOODWAY - The designated area of the floodplain required to carry and discharge flood waters of a given magnitude. FLOOR AREA, FINISHED - The sum of the horizontal areas of a building which is intended for human habitation and use and which has a floor to ceiling height of 6 1/2 feet or greater. Areas excluded from the finished floor area would include unfinished basements and attics, storage and utility rooms, and garages. FLOOR AREA, GROSS - The sum of the horizontal areas of the several stories of a building, measured from the exterior faces of exterior walls, or in the case of a common wall separating two buildings, from. the centerline of such common wall. Gross floor area shall exclude interior parking and loading spaces, and airspaces above atriums. FREESTANDING SIGN - A sign which is supported by structures or supports in or upon the ground and is independent of any support from any building. FRONTAGE WIDTH - (See Lot, Frontage) GARAGE, PRIVATE - A building for the private use of the owner or occupant of a principal building situated on the same lot as the principal building for the storage of motor vehicles. No facilities for mechanical service or repair of a commercial nature shall be permitted in a private garage. GLARE - The effect produced by brightness sufficient to cause annoyance, discomfort, or loss in visual performance and visibility. -HISTORIC SITE SIGNS - A sign erected and maintained by a public agency, or non-profit historical society, that identifies the location of, and provides information about, a historic place or event. HOME OCCUPATION SIGN - A sign associated with home occupation uses as provided for elsewhere in this ordinance. HOUSEHOLD PET - Animals that are kept for personal use or enjoyment within the home. Household pet shall include but is not limited to dogs, cats, birds, and rodents. IDENTIFICATION SIGN - A permanent on-premises sign displaying only the name of a subdivision, multi-family housing project, shopping center, industrial park, office park, church, school, public or quasi-public facility or similar type use. 8/25/92 ...4 II"'" 542::- ARTICLE II Definitions ILLUMINATED SIGN - Any sign with an artificial light source inco rated internal LANDSCAPING - The improvement of the appearance of an area by the planting of trees, grass, shrubs, or other plant materials, or by the alteration of the contours of the ground. LOADING SPACE, OFF-STREET - Space for bulk pick-ups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. LOT - A parcel of land intended to be separately owned, developed, or otherwise used as a unit, established by plat, subdivisions or as otherwise permitted by law. LOT, CORNER - A lot located at the intersection of two or more streets or where lot lines or right-of-way lines, or the extension thereof, intersect at less than 135 degrees. LOT COVERAGE - That portion of a lot, which when viewed from directly above, would be covered by any building or structure, parking and loading areas and other surface· which is impermeable or substantially impervious to storm water. Gravel parking areas shall be considered impervious. For the purposes of this definition, lot shall include contiguous lots of the same ownership within a single zoning district which are to be used, developed òr built upon as a unit. LOT, DEPTH OF - The average horizontal distance between front and rear lot lines. The average shall consist of the horizontal distances of the side lot lines and the distance of a line connecting the midpoints of the front and rear lot lines. LOT, DOUBLE FRONTAGE - A lot, other than a comer lot"which has frontage on more than one street other than an alley. Double frontage lots may be referred to as through lots. I LOT, FRONTAGE - The horizontal distance between the side lot lines measured at the point where the side lot lines intersect the street right-of-way. All sides of a lot which abuts a street shall be considered frontage. On curvilinear streets the arc between the side lot lines shall be considered the lot frontage. LOT, INTERIOR - A lot, other than a comer lot, which has only one frontage on a street other than an alley. LOT, IRREGULAR - A lot of such a shape or configuration that may technically meet the requirements of this ordinance but circumvents another provision of this or any other County requirement. Examples of irregular shape may include, but are not limited to unusual elongation, curvilinear lines unrelated to topography or other physical features, or unusual angles. ~.~ LOT, PIPESTEM - A "panhandle" or "flag" shaped lot with its widest point set back from the road at the rear of another lot (called the pipe), and having a thin strip of land connecting to the road to provide legal access and frontage (called the stem). Pipestem lots are also referred to as panhandle lots or flag lots. LOT, WIDTH OF - The average horizontal distance between side lot lines. The average shall consist of the straight line horizontal distances of the front and rear lot lines and the distance of a line connecting the midpoints of the side lot lines." LOT OF RECORD - A lot whose existence, location, and dimensions have been legally recorded or 1 registered in a deed or on a plat in the Clerk's office of the Circuit Court of Roanoke County. , 8/25/92 ~ I 1 ~ 54'3 C· ARTICLE II Definitions MANUFACTURED HOME - A structure, transportable in one or more sections, which in the travelin 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. A manufactured home shall contain one dwelling unit.. Some manufactured homes are also referred to as mobile homes. 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. MONUMENT SIGN - A freestanding sign directly affixed to a structure built on-grade in which the sign and the structure are an integral part of one another. NATURAL WATERCOURSE - Any natural stream river, creek, waterway, gully, or wash in which water flows in a definite direction or course, either continuously or intermittently, and has a definite channel, bed and banks. NONCONFORMING BUILDING - Any building the size, dimensions or location of which was lawful when erected or altered, but which fails to conform to the current standards and regulations due to the adoption, revision or amendment of this ordinance. NONCONFORMING LOT - A lot, the area, dimensions or location of which was lawful at the time the lot was created, but which fails to conform to the current standards and regulations due to the adoption, revision or amendment of this ordinance. NONCONFORMING USE - A use or activity which was lawful when originally established, but which fails to conform to the current standards and regulations due to the adoption, revision or amendment of this ordinance. NOT-FOR-PROFIT - An organization or activity which has obtained nontaxable status from the U. S. Internal Revenue Service. OFF-PREMISES SIGN - Any sign which directs attention to a message, or business, commodity, activity, service or product not conducted, sold, or offered upon the premises where the sign is located. These signs may also be known as location signs, billboards, outdoor advertising signs, or general advertising signs. OFF-STREET PARKING AREA - Space provided for vehicular parking outside the dedicated street right- of-way. ON-PREMISES SIGN - Any sign which directs attention to a business, commodity, activity, service or .' product conducted, sold, or offered upon the premises where the sign is located. OPEN SPACE - 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 of owners and occupants of land adjoining or neighboring such open space. Open Space may include, recreation centers, swimming pools, tennis and basketball courts, and similar facilities. 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. Open Space may include, recreation centers, swimming pools, tennis and basketball courts, and similar facilities. 8/25/92 f ~ II"'" 544 ARTICLE II Definitions OUTDOOR STORAGE - The keeping, in other than a buildin oods materials or merchandise OVERLAY DISTRICT - A district established by this Ordinance to prescribe special regulations to be applied to a site in combination with the underlying or base district. PATIO - A level surfaced area directly adjacent to a principal building which has an average elevation of not more than 30 inches from finished grade, and without walls or a roof. A patio may be constructed of any materials. PLANNED RESIDENTIAL SUBDIVISION - 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 and intended for the placement of a residential dwelling. POUTICAL CAMPAIGN SIGN - A sign relating to the election of a person to public office, or a political party, or a matter to be voted upon at an election called by a duly constituted public body. PORCH - A roofed open area, which may be glazed or screened, usually attached to or part of and with direct access to or from, a building. PORTABLE SIGN - A freestanding temporary sign that is designed to be moved easily, and is not permanently affixed to the ground. PRINCIPAL BUILDING OR STRUCTURE - A building or structure in which the primary use of the lot on which the building is located is conducted. PRINCIPAL USE - The main use of land or structures as distinguished from a secondary or accessory use. I PROJECTING SIGN - A sign that is affixed directly to a wall, roof, canopy, awning, marquee, mansard wall, parapet wall, or porch of a building, and whose face is roughly perpendicular to the building element to which it is attached. PUBUC - Unless otherwise specifically indicated, public shall mean anything owned, operated, provided and/or maintained by a local, state, or federal government. PUBUC SERVICE SIGN - A sign advertising only the name, time and place of any bona fide fair, carnival, festival, bazaar, horse show or similar event when conducted by or for the benefit of any civic, religious, educational or charitable cause; provided that the sign shall be displayed no longer than 21 days per calendar year. PUBUC WATER AND SEWER SYSTEMS - A water or sewer system owned and operated by: (1) a municipality or county; OR, (2) a private individual or a corporation approved and properly licensed by the State Corporation Commission prior to the adoption date of this ordinance; AND meeting the requirements of the State Health Department and/or Virginia Water Control Board. 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 1 temporary mobile housing and shall also include boats. 8/25/92 ~ I 1 ~ 545.:: ARTICLE II Definitions REPLACEMENT COST - The cost of restoring a damaged building or structure to its original condition. compared with the assessed value as determined by the County Assessor to determine the percentage of the cost of improvements. RIGHT-Of-WAY - A legally established area or strip of land, either public or private, on which an irrevocable right of passage has been recorded, and which is occupied or intended to be occupied by a street, utility service, water main, sanitary· or storm sewer main, or other similar use. SCREENING - A method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, berms or densely planted vegetation. Screening is intended to substantially, but not necessarily totally obscure visual impacts between adjoining uses. SERVICE AREA, URBAN AND RURAL - Those areas designated in the Roanoke County Comprehensive Plan, as amended, as either the urban service area or the rural service area. SETBACK - The minimum distance by which any building or structure must be separated from a street right-of-way or lot line. SHOPPING CENTER - A group of commercial establishments planned, constructed and managed as a total entity with shared access, customer and employee parking provided on-site, provision of goods delivery separated from customer access, aesthetic considerations and protection from the elements. SIGN - Any device, structure, fixture or placard using graphics, symbols, and/or written copy designed specifically for the purpose of advertising or identifying any establishment, product, goods, service, or activity. SIGN HEIGHT - The vertical distance measured from grade to the highest portion of the sign or sign structure. SIGN SETBACK - The minimum distance required between any property line and any portion of a sign or sign structure. SIGN STRUCTURE - The supports, uprights, bracing or framework of any structure exhibiting a sign, be it single faced, double faced, v-type or otherwise. SPECIAL USE - A use with operating and/or physical characteristics different from those uses permitted by right in a given zoning district which may, nonetheless, be compatible with those by right uses under special conditions and with adequate public review. Special uses are allowed only at the discretion and approval of the Board of Supervisors, following review and recommendation by the Planning Commission in accordance with Section 30-19. STOOP - A platform, without a roof, located at the entrance of a building with sufficient area to facilitate the ingress and egress to the building. STORY - That portion of a building included between the surface of any floor and the floor next above it, or if there is not a floor above it, then the space between the floor and the ceiling above it. STREET - Any vehicular way which: (1) is an existing state or 'municipal roadway: or, (2) is shown on a plat approved pursuant to law; or, (3) is approved by other official action. The term street shall include road, and highway. Unless otherwise indicated, the term street shall refer to both public and private streets. 8/25/92 ~ II"'" 54~ ARTICLE II Definitions STRUCTURE - Anything that is constructed or erected with a fIXed location on the , manufactured homes and swimming pools. Walls and fences shall not be deemed structures except . as otherwise specifically provided in this ordinance. SUSPENDED SIGN - A sign that is suspended from a wall, roof, canopy, awning, marquee, mansard wall, parapet wall, or porch of a building by means of brackets, hooks or chains, and the like, and whose face is roughly perpendicular or parallel to the building element to which it is attached. TEMPORARY SIGN - Any sign structure which is not permanently affixed to the ground, a building or other structure, and/or an on-premise sign applying to a seasonal or brief activity such as, but not limited to, summer camps, horse shows, yard sales, Christmas tree sales, business promotions, auctions and carnivals. For the purposes of these regulations, on-premises real estate signs and signs displayed on active construction projects shall be considered temporary when displayed in accordance with Section 30-93-8. VARIANCE - A reasonable deviation from the provisions regulating the size or area of a lot or parcel of land, or the size, area, bulk or location of a building or structure in accordance with Section 15.1-430 of the Code of Virginia, as amended. YARD - A required open space on a lot, unoccupied and unobstructed from the ground upward, unless otherwise provided by this ordinance. YARD, FRONT - A yard between the building line and the street right-of-way extending across the full width of the lot. (For additional provisions and exemptions, see Section 30-100-2.) 1 YARD, REAR - A yard between the rear line of the building and the rear line of the lot extending the full width of the lot. (For additional provisions and exemptions, see Section 30-100-2.) YARD, SIDE - A yard between the side line of the building and the side line of the lot extending from the front lot line to the rear lot line. (For additional provisions and exemptions, see Section 30-100-2.) ZONING ADMINISTRATOR - The Zoning Administrator of Roanoke County, Virginia, or an authorized agent thereof, also referred to in this ordinance as the Administrator. SEC. 30-29 USE TYPES; GENERALLY (A) The purpose of the Use Types is to establish a classification system for land uses and a consistent set of terms defining uses permitted within various zoning districts. The Use Types section also facilitates the process of determining the applicable use type of any activity not clearly within any defined use type. (B) In the event of any question as to the appropriate use type of any existing or proposed use or activity, the Administrator shall have the authority to determine the appropriate use type. In making such determination, the Administrator shall consider the operational and physical characteristics of the use in question and shall consider the classification contained in the most recent edition of the Standard Industrial Classification Manual published by the U. S. Office of Management and Budget. In addition, the Administrator shall consider the specific requirements of the use in common with those included as examples of use types. Those examples, when included in use type descriptions, are intended to be illustrative, as opposed to exclusive lists. The Administrator may also determine that a proposed use 1 or activity is sufficiently different from any use type listed below and will require an amendment to the text of this ordinance. 8/25/92 ~ I 1 "'I11III 54" ': ARTICLE II Use Types (C) The Administrator shall make such determinations of appropriate use ty , which shall (D) A determination of the Administrator may be appealed to the Board of Zoning Appeals pursuant to the procedures for administrative appeals outlined in Section 30-24. Sec. 30-29-1 Agricultural and Forestry Use Types AGRICULTURE - The use of land for the production of food and fibre, including farming, dairying, pasturage, agriculture, horticulture, viticulture, and animal and poultry husbandry. A garden accessory to a residence shall not be considered agriculture. COMMERCIAL FEEDLOTS - A site where animals are stabled or confined and fed or maintained for a total of 45 days or more in any 12 month period, and where the number of animals so confined include more than 300 slaughter or feeder cattle, 200 mature dairy cattle, 750 swine, 150 horses, or 30,000 laying hens or broilers, or any other site designated by the Virginia Water Control Board as a "concentrated or intensified animal feeding operation" pursuant to the Permit Regulations for Virginia Pollution Discharge Elimination System and Virginia Pollution Abatement Permit Programs. FARM EMPLOYEE HOUSING - A dwelling located on a farm for the purpose of housing an employee of that farm operation and his/her family. Also included in this use type would be multi-family dwelling(s) for seasonal employees in connection with an orchard or other agricultural use which relies on seasonal employees who must be housed. FORESTRY OPERATIONS - The use of land for the raising and harvesting of timber, pulp woods and other forestry products for commercial purposes, including the temporary operation of a sawmill and/or chipper to process the timber cut from that parcel or contiguous parcels. Excluded from this definition shall be the cutting of timber associated with land development approved by the County, which shall be considered accessory to the development of the property. STABLES, PRIVATE - The keeping, breeding, or raising of horse or ponies exclusively for the personal use and enjoyment of the owner or occupant of the property or the riding of horses or ponies by the owner or occupant of the property and their guests. STABLE, COMMERCIAL - The boarding, breeding or raising of horses or ponies not owned by the owner or occupant of the property or riding of horses by other than the owner or occupant of the property and their non-paying guests. Included in this definition are riding academies. WAYSIDE STAND - An establishment for the seasonal retail sale of àgricultural goods and merchandise primarily produced by the operator on the site, or on nearby property. Agricultural goods produced on other properties owned or leased by the operator may also be allowed provided a majority of the produce comes from land surrounding the wayside stand. This use type shall include agricultural products picked by the consumer. Sec. 30.29';2 Residential Use Types ACCESSORY APARTMENT - A second dwelling unit within a detached single family dwelling which is clearly incidental and subordinate to the main dwelling. HOME BEAUTY/BARBER SALON - Incidental use of' a single family dwelling for hair styling or barbering, established and conducted in accordance with Article IV, Use and Design Standards. 8/25/92 ....4 II"'" 548 ARTICLE II Use Types HOME OCCUPATION - An accessory use of a dwelling unit for gainful employment involving the Standards. TYPE I - A home occupation of an intensity suitable for the more densely established residential areas typically found in the urban service areas of ~~e County. TYPE 11- A home occupation of an intensity suitable fór agricultural and rural areas of the County. KENNEL, PRIVATE - The keeping, breeding, raising, showing or training of three or more dogs over six months of age for personal enjoyment of the owner or occupants of the property, and for which commercial gain· is not the primary objective. MANUFACTURED HOME, ACCESSORY - A Class B manufactured home that is subordinate to a single family dwelling or a Class A Manufactured Home on a single lot and meets the additional criteria contained in Section 30-82-5. . MANUFACTURED HOME, CLASS A - 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 Section 30-82-6. MANUFACTURED HOME, CLASS B - 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 I does not meet all of the criteria of a Class A, design restricted manufactured home. MANUFACTURED HOME, CLASS C - A manufactured home cc;>nstructed before July 1, 1976, and consequently does not meet the criteria of a Class A or Class B manufactured home. MANUFACTURED HOME, 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 other act of nature, or used temporarily as housing relief to victims of a federally declared disaster in accordance with Section 30-82-8. MANUFACTURED HOME SUBDIVISION - A five acre or larger community of manufactured home dwellings with lots that are subdivided for individual ownership. MANUFACTURED HOME PARK - A five acre or larger tract of land intended to accommodate a manufactured home community of multiple spaces for lease or condominium ownership. A manufactured home park is also referred to as a mobile home park. MULTI-FAMILY DWEWNG - A building or portion thereof which contains three or more dwelling units for permanent occupancy, regardless of the method of ownership. Included in the use type would be garden apartments, low and high rise apartments, apartments for elderly housing and condominiums. RESIDENTIAL HUMAN CARE FACILITY - A building used as a family care home, foster home, or group home serving not more than 8 mentally retarded or other developmentally disabled persons, not related by blood or marriage, pursuant to Section 15.1-486-3 of the Code of Virginia, as amended. Excluded from this definRion are drug or alcohol rehabilttation centers. half-way houses and similar uses. 1 8/25/92 l I I ~ 54·9 ARTICLE II Use Types SINGLE FAMILY DWELLING - A site built or modular building designed for or used exclusive as one DETACHED - A single family dwelling which is surrounded by open space or yards on all sides, is located on its own individual lot, and which is not attached to any other dwelling by any means. ATTACHED - Two single family dwellings sharing a common wall area, each on its own individual lot. TOWNHOUSE - A grouping of three or more attached single family dwellings in a row in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more common walls. TWO FAMILY DWELUNG - The use of an individual lot for two dwelling units which share at least one common wall, each occupied by one family. Sec. 30·29·3 Civic Use Tvpes ADMINISTRATIVE SERVICES - Governmental offices providing administrative, clerical or public contact services that deal directly with the citizen. Typical uses include federal, state, county, and city offices. CEMETERY - Land used or dedicated to the burial of the dead, including cOlumbariums, crematoriums, mausoleums, necessary sales and maintenance facilities. Mortuaries shall be included when operated within the boundary of such cemetery. CLUBS - A use providing meeting, or social facilities for civic or social clubs, fraternal/sororal organization, and similar organizations and associations, primarily for use by members and guests. Recreational facilities, unless otherwise specifically cited in this section, may be provided for members and guests as an accessory use. COMMUNITY RECREATION - A recreational facility for use solely by the residents and guests of a particular residential development; planned unit development, or residential neighborhood, including indoor and outdoor facilities. These facilities are usually proposed or planned in association with development and are usually located within or adjacent to such development. CORRECTION FACIUTlES - A public or privately operated use providing housing and Care for individuals legally confined, designed to isolate those individuals from a surrounding community. CRISIS CENTER - A facility providing temporary protective sanctuary for victims of crime or abuse including emergency housing during crisis intervention for individuals, such as victims of rape, child abuse, or physical beatings. CULTURAL SERVICES - A library, museum, or similar public or quasi-public use displaying, preserving and exhibiting objects of community and cultural interest in one or more of the arts or sciences. DAY CARE CENTER - Any facility operated for the purpose of providing care, protection and guidance to 10 or more individuals during only part of a twenty-four hour day. This term includes nursery schools, preschools, day care centers for individuals, and other similar uses but excludes public and private educational facilities or any facility offering care to individuals for a full twenty-four hour period. EDUCATIONAL FACIUTlES, COLLEGE/UNIVERSITY - An educational institution authorized by the Commonwealth of Virginia to award associate, baccalaureate or higher degrees. 8/25/92 ...4 II"'" 550 ARTICLE II Use Types EDUCATIONAL FACIUTlES, PRIMARY/SECONDARY - A public, private or parochial school offering study required to be taught in the public schools of the Commonwealth of Virginia. FAMILY DAY CARE HOME - A single family dwelling in which more than fIVe but less than 10 individuals, are received for care, protection and guidance during only part of a twenty-four hour day. Individuals related by blood, legal adoption or marriage to the person who maintains the home shall be excluded provided the total number of individuals at any time does not exceed 9. The care of 5 or less individuals for portions of a day shall be considered as a home occupation. GUIDANCE SERVICES - A use providing counseling, guidance, recuperative, or similar services for persons requiring rehabilitation assistance as a result of mental illness, alcoholism, detention, drug addiction, or similar conditions for only part of a twenty-four hour day. HALFWAY HOUSE - An establishment providing accommodations, rehabilitation, counseling, and supervision to persons suffering from alcohol or drug addiction, to persons re-entering society after being released from a correctional facility or other institution, or to persons suffering from similar disorders. HOME FOR ADULTS - An establishment that provides shelter and services which may include meals, housekeeping, and personal care assistance primarily for the elderly. Residents are usually functionally impaired and socially isolated but otherwise in good health. They are able to maintain a semi- independent life style, not requiring the more extensive care of a nursing home. UFE CARE FACILITY - A residential facility primarily for the continuing care of the elderly, providing for transitional housing progressing from independent living in various dwelling units, with or without I kitchen facilities, and culminating in nursing home type care where all related uses are located on the same lot. Such facility may include other services integral to the personal and therapeutic care of the residents. NURSING HOME - A use providing bed care and in-patient services for persons requiring regular medical attention but excluding a facility providing surgical or emergency medical services and excluding a facility providing care for alcoholism, drug addiction, mental disease, or communicable disease. PARK AND RIDE FACIUTY- A publicly owned, short-term, parking facility for commuters. POST OFFICE - Postal services directly available to the consumer operated by the United States Postal Service. PUBUC ASSEMBLY - Facilities owned and operated by a public or quasi-public agency accommodating public assembly for sports, amusement, or entertainment purposes. Typical uses include auditoriums, sports stadiums, convention facilities, fairgrounds, and incidental sales and exhibition facilities. PUBUC MAINTENANCE AND SERVICE FACIUTIES - A public facility supporting maintenance, repair, vehicular or equipment servicing, material storage, and similar activities including street or sewer yards, equipment services centers, and similar uses having characteristics of commercial services or contracting or industrial activities. PUBUC PARKS AND RECREATIONAL AREAS - Publicly-owned and operated parks, picnic areas, playgrounds, indoor or outdoor athletic facilities, game preserves and open spaces. 1 8/25/92 l I I ~ 551 ARTICLE II Use Types SAFETY SERVICES - Facilities for the conduct of sat benefit services and emergency medical and ambulance services. REUGIOUS ASSEMBLY - A use located in a permanent building and providing regular organized religious worship and related incidental activities, except primary or secondary schools and day care facilities. UTlUTY SERVICES, MINOR - Services which are necessary to support development within the immediate vicinity and involve only minor structures. Including in this use type are distribution lines and small facilities that are underground or overhead, such as transformers, relay and booster devices, and well, water and sewer pump stations. Also included are all major utility services which were in existence prior to the adoption of this ordinance. UTILITY SERVICES, MAJOR - Services of a regional nature which normally entail the construction of new buildings or structures such as generating plants and sources, electrical switching facilities and stations or substations, community waste water treatment plants, and similar facilities. Included in this definition are also electric, gas, and other utility transmission lines of a regional nature which are not otherwise reviewed and approved by the Virginia State Corporation Commission. Sec. 30.29-4 OffIce Use Types FINANCIAL INSTITUTIONS - Provision of financial and banking services to consumers or clients. Walk- in and drive-in services to consumers are generally provided on site. Typical uses include banks, savings and loan associations, savings banks, credit unions, lending establishments and automatic teller machines (ATMs). GENERAL OFFICE - Use of a site for business, professional, or administrative offices, excluding medical offices. Typical uses include real estate, insurance, management, travel, or other business offices; organization and association offices; or law, architectural, engineering, accounting or other professional offices. MEDICAL OFFICE - Use of a site for facilities which provide diagnoses, minor surgical care and outpatient care on a routine basis, but which does not provide overnight care or serve as a base for an ambulance service. Medical offices are operated by doctors, dentists, or similar practitioners licensed by the Commonwealth of Virginia LABORATORIES - Establishments primarily engaged in peñorming research or testing activities into technological matters. Typical uses include engineering and environmental laboratories, medical, optical, dental and forensic laboratories, x-ray services, and pharmaceutical laboratories only involved in research and development. Excluded are any laboratories which mass produce one or more products directly for the consumer market. Sec. 30-29-5 Commercial Use Types AGRICULTURAL SERVICES - An establishment primarily engaged in providing services specifically for the agricultural community which is not directly associated with a farm operation. Included in this use type would be servicing of agricultural equipment, independent equipment operators, and other related agricultural services. ANTIQUE SHOPS - A place offering primarily antiques for sale. An antique for the purposes of this ordinance shall be a work of art, piece of furniture, decorative object, or the like, of or belonging to the past, at least 30 years old. 8/25/92 ....i II"'" 552 ARTICLE II Use Types AUTOMOBILE DEALERSHIP, NEW - The use of any building, land area or other premise for the display work and other major and minor repair service conducted as an accessory use. AUTOMOBILE DEALERSHIP, USED - Any lot or establishment where three or more used motor vehicles, including automobiles, trucks, and motorcycles are displayed at one time for sale. AUTOMOBILE REPAIR SERVICES, MAJOR - Repair of construction equipment, commercial trucks, agricultural implements and similar heavy equipment, including automobiles, where major engine and transmission repairs are conducted. Typical uses include automobile and truck repair garages, transmission shops, radiator shops, body and fender shops, equipment service centers, machine shops and other similar uses where major repair activities are conducted. AUTOMOBILE REPAIR SERVICES, MINOR - Repair of automobiles, noncommercial trucks, motorcycles, motor homes, recreational vehicles, or boats, including the sale, installation, and servicing of equipment and parts. Typical uses include tire sales and installation, wheel and brake shops, oil and lubrication services and similar repair and service activities where minor repairs and routine maintenance are conducted. AUTOMOBILE RENTAULEASING - Rental of automobiles and light trucks and vans, including incidental parking and servicing of vehicles for rent or lease. Typical uses include auto rental agencies and taxicab dispatch areas. AUTOMOBILE PARTS/SUPPLY, RETAIL - Retail sales of automobile parts and accessories. Typical uses include automobile parts and supply stores which offer new and factory rebuilt parts and accessories, and include establishments which offer minor automobile repair services. I BED AND BREAKFAST - An owner-occupied dwelling in which not more than 5 bedrooms are provided for overnight guests for compensation, on daily or weekly basis, with or without meals. BOARDING HOUSE - A dwelling unit, or part thereof, in which lodging is provided by the owner or operator who resides on the premises to three or more but less than fourteen boarders. Included in this use type are rooming houses and tourist homes. BUSINESS SUPPORT SERVICES - Establishments or places of business engaged in the sale, rental or repair of office equipment, supplies and materials, or the provision of services used by office, professional and service establishments. Typical uses include office equipment and supply firms, small business machine repair shops, convenience printing and copying establishments, as well as temporary labor services. BUSINESS OR TRADE SCHOOLS - A use providing education or training in business, commerce, language, or other similar activity or occupational pursuit, and not otherwise defined as an educational facility, either primary and secondary, or college and university, or as a home occupation. CAMPGROUNDS - Facilities providing camping or parking areas and incidental services for travelers in recreational vehicles and/or tents. CAR WASH - Washing and cleaning of vehicles. Typical uses include automatic conveyor machines and self-service car washes. CUNIC - A facility providing medical, psychiatric, or surgical service for sick or injured persons 1 exclusively on an out-patient basis including emergency treatment, diagnos,tic services, training, . administration and services to outpatients, employees, or visitors. 8/25/92 ~ I I ~ 5-53 ARTICLE II Use Types COMMERCIAL INDOOR AMUSEMENT - Establishments which provide multiple coin operated Such devices would include pinball machines, video games, and other games of skill or scoring, and would include pool and/or billiard tables, whether or not they are coin operated. Typical uses include game rooms, billiard and pool halls, and video arcades. COMMERCIAL INDOOR ENTERTAINMENT - Predominantly spectator uses conducted within an enclosed building. Typical uses include motion picture theaters, and concert or music halls. COMMERCIAL INDOOR SPORTS AND RECREATION - Predominantly participant uses conducted within an enclosed building. Typical uses include bowling alleys, ice and roller skating rinks, indoor racquetball, swimming, and/or tennis facilities. COMMERCIAL OUTDOOR ENTERTAINMENT - Predominantly spectator uses conducted in open or partially enclosed or screened facilities. Typical uses include sports arenas, motor vehicle or animal racing facilities, and outdoor amusement parks. COMMERCIAL OUTDOOR SPORTS AND RECREATION - Predominantly participant uses conducted in open or partially enclosed or screened facilities. Typical uses include driving ranges, miniature golf, swimming pools, tennis courts, outdoor racquetball courts, motorized cart and motorcycle tracks, and motorized model airplane flying facilities. COMMUNICATIONS SERVICES - Establishments primarily engaged in the provision of broadcasting and other information relay services accomplished through the use of electronic and telephonic mechanisms. Excluded from this use type are facilities classified as Major Utility Services or Broadcasting Towers. Typical uses include television studios, telecommunication service centers, telegraph service offices or film and sound recording facilities. CONSTRUCTION SALES AND SERVICES - Establishments or places of business primarily engaged in retail or wholesale sale, from the premises, of materials used in the construction of buildings or other structures, but specifically excluding automobile or equipment supplies otherwise classified herein. Typical uses include building material stores and home supply establishments. CONSUMER REPAIR SERVICES - Establishments primarily engaged in the provision of repair services to individuals and households; rather than businesses, but excluding automotive and equipment repair use types. Typical uses include appliance repair shops, shoe repair, watch or jewelry repair shops, or repair of musical instruments. CONVENIENCE STORE - Establishments primarily engaged in the provision of frequently or recurrently needed goods for household consumption, such as prepackaged food and beverages, and limited household supplies and hardware. Convenience stores shall not include fuel pumps or the selling of fuel for motor vehicles. Typical uses include neighborhood markets and country stores. DANCE HALL - Establishments in which more than 10 percent of the total floor area is designed or used as a dance floor, or where an admission fee is directly collected, or some other form of compensation is obtained for dancing. EQUIPMENT SALES AND RENTAL· Establishments primarily engaged in the sale or rental of tools, trucks, tractors, construction equipment, agricultural impl~ments, and similar industrial equipment, and the rental of mobile homes. Included in this use type is the incidental storage, maintenance, and servicing of such equipment. 8/25/92 ~ II"'" 5 5 4 c- ARTICLE II Use Types FUNERAL HOME - Establishments engaged in undertaking services such as the dead for , GARDEN CENTER - Establishments or places of business primarily engaged in retail or wholesale (bulk) sale, from the premises, of trees, shrubs, seeds, fertilizers, pesticides, plants and plant materials primarily for agricultural, residential and commercial consumers. Such establishments typically sell products purchased from others, but may sell some material which they grow themselves. Typical uses include nurseries, plant stores and lawn and garden centers. GASOUNE STATION - Any place of business with fuel pumps and underground storage tanks which provides fuels and oil for motor vehicles. GOLF COURSE - A tract of land for playing golf, improved with tees, greens, fairways, hazards, and which may include clubhouses and shelters. Included would be executive or par 3 golf courses. Specifically excluded would be independent driving ranges and any miniature golf course. HOSPITAL - A facility providing medical, psychiatric, or surgical service for sick or injured persons primarily on an in-patient basis and including ancillary facilities for outpatient and emergency treatment diagnostic services, training, research, administration, and services to patients, employees, or visitors. HOTEUMOTEUMOTOR LODGE - A building or group of attached or detached buildings containing lodging units intended primarily for rental or lease to transients by the day, week or month. Such uses generally provide additional services such as daily maid service, restaurants, meeting rooms and/or recreation facilities. KENNEl, COMMERCIAL - The boarding, breeding, raising, grooming or training of two or more dogs, cats, or other household pets of any age not owned by the owner or occupant of the premises, and/or for commercial gain. I LAUNDRY - Establishments primarily engaged in the provision of laundering, cleaning or dyeing services other than those classified as Personal Services. Typical uses include bulk laundry and cleaning plants, diaper services, or linen supply services. MANUFACTURED HOME SALES - Establishments primarily engaged in the display, retail sale, rental, and minor repair of new and used manufactured homes, parts, and equipment. MINI-WAREHOUSE - A building designed to provide rental storage space in cubicles where each cubicle has a maximum floor area of 400 square feet. Each cubicle shall be enclosed by walls and ceiling and have a separate entrance for the loading and unloading of stored goods. PAWN SHOP - A use engaged in the loaning of money on the security of property pledged in the keeping of the pawnbroker and the incidental sale of such property. PERSONAL IMPROVEMENT SERVICES - Establishments primarily engaged in the provision of intonnational, instructional, personal improvements and similar services. Typical uses include driving schools, health or physical fitness studios, reducing salons, dance studios, handicraft and hobby instruction. PERSONAL SERVICES - Establishments or places of business engaged in the provision of frequently or recurrently needed services of a personal nature. Typical uses include beauty and barber shops; I grooming of pets; seamstresses, tailors, or shoe repairs; florists; and laundromats and dry cleaning stations serving individuals and households. 8/25/92 ~ ~ I I ~ 555 ARTICLE II Use Types RECREATIONAL VEHICLE SALES AND SERVICE - Retail sales of recreational vehicles and boats, In~h .,11"9 ~el"t'lce ann <H'nrage Of \.0'" ,<>c ",nrt ".111'" "', nt . 0'<>'"".1 . þt~ÞlIII ;_ RESTAURANT, GENERAL - An establishment engaged in the preparation of food and beverages containing more than 2,000 gross square feet and characterized primarily by table service to customers in non-disposable containers. RESTAURANT, FAMILY - An establishment engaged in the preparation of food and beverages containing no more than 2,000 gross square feet and characterized primarily by table service to customers in non-disposable containers. Typical uses include cafes, coffee shops, and small restaurants. 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 in disposable containers at a counter, a drive-up or drive through service facility or offers curb service. RETAIL SALES - Sale or rental with incidental service of commonly used goods and merchandise for personal or household use but excludes those classified more specifically by these use type classifications. STUDIO, FINE ARTS - A building, or portion thereof, used as a place of work by a sculptor, artist, or photographer. SURPLUS SALES - Businesses engaged in the sale of used or new items, involving regular or periodic outdoor display of merchandise for sale. Typical uses include flea markets and factory outlets, or discount businesses with outdoor display. TRUCK STOP - An establishment containing a mixture of uses which cater to the traveling public and in particular motor freight operators. A truck stop might include such uses as fuel pumps, restaurants, overnight accommodations, retail sales related to the motor freight industry, and similar uses. VETERINARY HOSPITALJCUNIC - Any establishment rendering surgical and medical treatment of animals. Boarding of animals shall only be conducted indoors, on a short term basis, and shall only be incidental to such hospital/clinic use, unless also authorized and approved as a commercial kennel. Sec.30-29-6 Industrial Use Types ASPHALT PLANT - An establishment engaged in manufacturing or mixing of paving materials derived from asphaltic mixtures or tar. CONSTRUCTION YARDS - Establishments housing facilities of businesses primarily engaged in construction activities, including outside storage of materials and equipment. Typical uses are building contractor's yards. CUSTOM MANUFACTURING - Establishments primarily engaged in the on-site production of goods by hand manufacturing, within enclosed structures, involving the use of hand tools, or the use of mechanical equipment commonly associated with residential or commercial uses, or a single kiln. INDUSTRY, TYPE I - Enterprises engaged in the processing, manufacturing, compounding, assembly, packaging, treatment or fabrication of materials and products, from processed or previously manufactured materials. Included would be assembly electrical appliances, bottling and printing plants, and the manufacturing of paint, oils, pharmaceuticals, cosmetics. solvents and other chemical, production of items made of stone, metal or concrete. 8/25/92 ~ II"'" 556 ARTICLE II Use Types INDUSTRY, TYPE II - Enterprises in which goods are generally mass roduced from raw materials on industrial or manufacturing uses. Included in this use type are industries involved in processing and/or refining raw materials such as chemicals, rubber, wood or wood pulp, forging, casting, melting, refining, extruding, rolling, drawing, and/or alloying ferrous metals, and the production of large durable goods such as automobiles, manufactured homes, or other motor vehicles. INDUSTRY, TYPE III - An establishment which has the potential to be dangerous or extremely obnoxious. Included are those in which explosives are stored, petroleum is refined, natural and liquid gas and other petroleum derivatives are stored and/or distributed in bulk, radioactive materials are compounded, pesticides and certain acids are manufactured, and hazardous waste is treated or stored as the establishment's principal activity. LANDFILL, CONSTRUCTION DEBRIS - The use of land for the legal disposal of construction and demolition wastes consisting of lumber, wire, sheetrock, broken brick, shingles, glass, pipes, concrete, and metals and plastic associated with construction and wastes from land clearing operations consisting of stumps, wood, brush, and leaves. LANDFILL, RUBBLE - The use of land for the legal disposal of only inert waste. Inert waste is physically, chemically and biologically stable from further degradation and considered to be nonreactive, and includes rubble, concrete, broken bricks, and block. LANDFILL, SANITARY - The use of land for the legal disposal of municipal solid waste derived from households, business and institutional establishments, including garbage, trash, and rubbish, and from industrial establishments, other than hazardous wastes as described by the Virginia Hazardous Waste Regulations. I MEAT PACKING AND RELATED INDUSTRIES - The processing of meat products and byproducts directly from live animals or offal from dead animals. RAILROAD FACIUTIES - Railroad yards, equipment servicing facilities, and terminal facilities. RECYCUNG CENTERS AND STATIONS - A receptacle or facility used for the collection and storage of recyclable materials designed and labeled for citizens to voluntarily take source separated materials for recycling. RESOURCE EXTRACTION - A use involving on-site extraction of surface or subsurface mineral products or natural resources. Typical uses are quarries, borrow pits, sand and gravel operation, mining, and soil mining. Specifically excluded from this use type shall be grading and removal of dirt associated with an approved site plan or subdivision, or excavations associated with, and for the improvement of, a bona fide agricultural use. 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 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. TRANSFER STATION - Any storage or collection facility which is operated as a relay point for municipal solid waste which ultimately is to be transferred to a landfill. II 8/25/92 ~ I I ~ 55 7~1 ARTICLE II Use Types TRANSPORTATION TERMINAL - A facility for loading, unloading, and interchange of passengers, bus terminals, railroad stations, and public transit facilities. TRUCK TERMINAL - A facility for the receipt, transfer, short term storage, and dispatching of goods transported by truck. Included in the use type would be express and other mail and package distribution facilities, including such facilities operated by the U.S. post office. WAREHOUSING AND DISTRIBUTION - Uses including storage, warehousing and dispatching of goods within enclosed structures, or outdoors. Typical uses include wholesale distributors, storage warehouses, moving/storage firms. See. 30-29-7 Miscellaneous Use Tvpes AVIATION FACILITIES, PRIVATE - Any area of land used or intended for the landing and taking-off of aircraft for personal use of the tenant or owner of the site, not available for public use or commercial operations. Aircraft includes helicopters, all fixed-wing planes and gliders, but not hang gliders. AVIATION FACILITIES, GENERAL - Landing fields, aircraft parking and service facilities, and related facilities for operation, service, fueling, repair, storage, charter, sales, and rental of aircraft, and including activities directly associated with the operation and maintenance of airport facilities and the provision of safety and security. BROADCASTING TOWER - A structure for the transmission, broadcasting or receiving of radio, television, radar, or microwaves, including ham radio towers, and similar types of devices. OUTDOOR GATHERING - Any temporary organized gathering expected to attract 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 or on public school property shall not be included within this use type. PARKING FACiliTY, SURFACE/STRUCTURE - 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 type shall not include parking facilities accessory to a permitted principal use. SHOOTING RANGE, OUTDOOR - The use of land for archery and the discharging of firearms for the purposes of target practice, skeet and trap shooting, mock war games, or temporary competitions, such as a turkey shoot. Excluded from this use type shall be general hunting, and unstructured and nonrecurring discharging of firearms on private property with the property owner's permission. SEC. 30-30 no 30-31 (RESERVED) ARTICLE III - DISTRICT REGULATIONS SEC. 30-32 AG-3 AGRICULTURAL/RURAL PRESERVE DISTRICT See; 30-32-1 Purpose (A) The AG-3, Agricultural/Rural Preserve district consists of land primarily used as farmland, woodlands, and widely scattered residential development located within the rural service area. Also found in these 8/25/92 ~ II"'" 55 ~ ARTICLE III AG-3 District natural and scenic resources are found in this district. The purpose of this district is to maintain these . areas essentially in their rural state, and attempt to protect sensitive and unique land resources from degradation as recommended in the Rural Preserve land use category of the Comprehensive Plan. This may be accomplished by maintaining the existing agricultural lands and preventing the encroachment of incompatible land uses. Non-farm residents should recognize that they are located in an agricultural environment where the right-to-farm has been established as County policy. This district is also intended to minimize the demand for unanticipated public improvements and services, such as public sewer and water, by reducing development densities and discouraging large scale development. Sec. 30·32·2 Permitted Uses '-·'10. (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 are listed in Article IV, Use and Design Standards, for those specific uses. ·,1 ~ 1.' Aaricultural and Forestrv Uses Agriculture Farm Employee Housing * Forestry Operations * Stable, Private * Stable, Commercial * Wayside Stand * 2. Residential Uses Accessory Apartment * Home Occupation, Type I and Type II * Kennel, Private * > Manufactured Home, Accessory * Manufactured Home, Class A * Manufactured Home, Emergency * Residential Human Care Facility Single Family Dwelling, Detached I 3. Civic Uses Community Recreation * Family Day Care Home * Park and Ride Facility * Public Parks and Recreational Areas * Utility Services, Minor 4. Commercial Uses Agricultural Services * Bed and Breakfast * Kennel, Commercial * Veterinary Hospital/Clinic 5. Industrial Uses Custom Manufacturing * I 8/25/92 ~ I I ~ 559 . ARTICLE III AG-3 District indicates additional, modified or more stringent standards are listed in Article IV, Use and Design Standards, for those specific uses. 1. Aaricultural Uses Commercial Feedlots * 2. Civic Uses Cemetery * Correctional Facilities Religious Assembly * Utility Services, Major * 3. Commercial Uses Campgrounds * 4. Industrial Uses Landfill, Construction Debris * Landfill, Rubble * Landfill, Sanitary * Resource Extraction * 5. Miscellaneous Uses Aviation Facilities, Private * Broadcasting Tower * Outdoor Gatherings * Shooting Range, Outdoor * Sec. 30-32-3 Site Development Regulations General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Use and Design Standards. (A) Minimum lot reauirements 1. All lots, regardless of sewer and water provisions: a. Area: 3 acres (130,680 square feet) b. Frontage: 200 feet on a publicly owned and maintained street. c. Maximum width to depth ratio: 1 to 5 ~ to D) on streets in existence prior to the adoption of this ordinance. . (B) Minimum setback reauirements 1. Front yard: 50 feet 2. Side yard: a. Principal structures: 25 feet 8/25/92 ~ II"'" 60 5 . ARTICLE III AG-3 District to. "'''"''''''''Pi '"AU'. urn" '". ,,". ,,"no"" ."'''' DI """.9 line or ,.. ..... ""hi.,~ ...., '''''''''''0 "".. ~ 3. Rear yard: a. Principal structures: 35 feet b. Accessory structures: 10 feet 4. Where a lot fronts on more than one street, front yard setbacks shall apply to all streets. 5. Where the principal structure is more than 150 feet from the street, accessory buildings may be located 150 feet from the street and 25 feet from any side property line. (C) Maximum heiaht of structures 1. All structures: 45 feet (D) Maximum coveraae 1. Building coverage: 5 percent of the total lot area. 2. Lot coverage: 20 percent of the total lot area. SEC. 30-33 AG-1 AGRICULTURAL/RURAL LOW DENSITY DISTRICT Sec. 30-33-1 Purpose I (A) The AG-1, Agricultural/Rural Low Density district consists of land primarily used as farmland, woodlands, and scattered residential development located within the rural service area. Also found in these areas are lands with steep slopes, and groundwater recharge areas. Many of the County's unique natural and scenic resources are also found in this district. The purpose of this district is to encourage these areas to remain in their rural state, and protect sensitive and unique land resources from degradation, consistent with the recommendations of the Comprehensive Plan for the Rural Preserve areas. This may be accomplished by maintaining the existing agricultural lands and preventing the encroachment of incompatible land uses, while allowing development to occur at a reasonable density. Non-farm residents should recognize that they are located in an agricultural environment where the right-to-farm has been established as County policy. This district is also intended to minimize the demand for unanticipated public improvements and services, such as public sewer and water, by reducing development densities and discouraging large scale development. Sec. 30-33-2 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 are listed in Article IV. Use and Design Standards, for those specific uses. 1. Aaricultural and Forestrv Uses Agriculture Farm Employee Housing * Forestry Operations * Stable, Private * Stable, Commercial * Wayside Stand * II 8/25/92 ~ ~ I I ~ 5 6 1 .;~ ARTICLE 11/ AG-1 District y H.....¡d~··li~1 u~"''' Accessory Apartment * Home Occupation, Type I and Type II * Kennel, Private * Manufactured Home, Accessory * Manufactured Home, Class A * Manufactured Home, Emergency * Residential Human Care Facility Single Family Dwelling, Detached 3. Civic Uses Community Recreation * Family Day Care Home * Park and Ride Facility * Public Parks and Recreational Areas * Utility Services, Minor 4. Commercial Uses Bed, and Breakfast * Veterinary Hospital/Clinic (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 are listed in Article IV, Use and Design Standards, for those specific uses. 1. Aaricultural Uses, Commercial Feedlots * 2. Civic Uses Cemetery * Religious Assembly * Utility Services, Major * 3. Commercial Uses Agricultural Services * Campgrounds * Kennel, Commercial * 4. Industrial Uses Custom Manufacturing * Landfill, Construction Debris * Landfill, Sanitary * Resource Extraction * 5. Miscellaneous Uses Aviation Facilities, Private * Rl"usdcasting Tower * Outdoor Gatherings * Shooting Range, Outdoor * Sec. 30-33-3 Site Development Regulations 8/25/92 ~ J"" 562: ' ARTICLE \\I AG-1 District ~ 8~I\HI ~I St:Uldard~. For ¡:,r1t1ir1ona\ mOOlflea or n lore lOt, ¡JIg';" ,t ~I ~1II1:<i1l1Þ< rm t;pnnifi~ ..,,~~, 'SiC''íl Article : IV - Use and' Design Standards. (A) Minimum lot reQuirements 1. All lots, regardless of sewer and water provisions: a. Areå: 1.5 acres (65,340 square feet) b. Frontage: 150 feet on a publicly owned and maintained street. c. Maximum width to depth ratio: 1 to 5 rN to D) on streets in existence prior to the adoption of this ordinance. (B) Minimum setback reQuirements 1. Front yard: 30 feet 2. Side yard: a Principal structures: 20 feet b. Accessory structures: 20 feet behind front building line or 10 feet behind rear building line. 3. Rear yard: I a. Principal structures: 25 feet b. Accessory structures: 10 feet 4. Where a lot fronts on more than one street, front yard setbacks shall apply to all streets. 5. Where the principal structure is more than 150 feet from the street, accessory buildings may be located 150 feet from the street and 20 feet from any side property line. (C) Maximum heiQht of structures 1. All structures: 45 feet (D) Maximum coveraQe 1. Building coverage: 15 percent of the total lot area 2. Lot coverage: 30 percent of the total lot area. SEC. 30-34 AR AGRICUL TURAURESIDENTIAL DISTRICT Sec. 30-34-1 Purpose (A) These areas are generally characterized by very low density residential and institutional uses mixed with II agricultural uses, forest land and open space outside the urban service area These areas provide an _ . opportunity for rural living in convenient proximity to urban services and employment. Agricultural uses 8/25/92 l ~ II I ""'II1II 563,',: ARTICLE III AR District :~:~~ ~~ :7~:~r~~u;~ ~~lV~~=~::e t~:nr::t:::~,:n~:~:~~ r:~~~7ï:~:~ t~~u~ . policy. Over time, however, these areas are expected to become increasingly residential in character, with residential development becoming the dominant use over agricultural and more rural type uses. The purpose of this district, consistent with the Rural Village land use category in the Comprehensive Plan, is to maintain these areas essentially in their rural state, consistent with the level of services anticipated by the County. These areas are generally suitable for low density residential development and other compatible land uses. Sec. 30·34·2 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 are listed in Article IV, Use and Design Standards, for those specific uses. 1. Aaricultural and Forestrv Uses Agriculture * Farm Employee Housing * Forestry Operations * Stable, Private * Stable, Commercial * Wayside Stand * 2. Residential Uses Accessory Apartment * Home Occupation, Type I * Kennel, Private * . Manufactured Home, Accessory * Manufactured Home, Class A * Manufactured Home, Emergency * Residential Human Care Facility Single Family Dwelling, Detached 3. Civic Uses Community Recreation * Family Day Care Home * Park and Ride Facility * Public Parks and Recreational Areas * Utility Services, Minor 4. Commercial Uses Veterinary Hospital/Clinic (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 are listed in Article IV, Use and Design Standards, for those specific uses. 1. Residential Uses Home Beauty/Barber Salon * 8/25/92 .... II"'" 564- ' ARTICLE III AR District ~ C,,-Iu LJ~:mi Cemetery * Crisis Center Day Care Center * Educational Facilities, Primary/Secondary * Religious Assembly * Safety SelVices * Utility SelVices, Major * ~ 3. Commercial Uses Antique Shops * Bed and Breakfast * Golf Course Kennel, Commercial * 4. Industrial Uses Resource Extraction * 5. Miscellaneous Uses Broadcasting Tower * Outdoor Gatherings * Sec. 3().34·3 Site Development Regulations General Standards. For additional, modified, or more stringent standards for specific uses, see Article II IV - Use and Design Standards. (A) Minimum lot requirements 1. Lots selVed by private well and sewage disposal system: a. Area: 1 acre (43,560 square feet) b. Frontage: 110 feet on a publicly owned and maintained street. 2. Lots selVed by either public sewer or water: a. Area: 30,000 square feet b. Frontage: 110 feet on a publicly owned and maintained street. 3. Lots selVed by both public sewer and water: a. Area: 25,000 square feet b. Frontage: 90 feet on a publicly owned and maintained street. (B) Minimum setback requirements 1. Front yard: 30 feet II 2. Side yard: 8/25/92 ~ ~ I I ~ \ 565. ARTICLE III AR District ;1 P(.nd~HI ~flICI: ~.,: 1 J ø>Pt b. Accessory structures: 15 feet behind front building line or 10 feet behind rear building line. 3. Rear yard: a. Principal structures: 25 feet b. Accessory structures: 10 feet 4. Where a lot fronts on more than one street, front yard setbacks shall apply to all streets. 5. Where the principal structure is more than 150 feet from the street, accessory buildings may be located 150 feet from the street and 20 feet from any side property line. (C) Maximum heiaht of structures 1. All structures: 45 feet (D) Maximum coveraae 1. Building coverage: 15 percent of the total lot area. 2. Lot coverage: 30 percent of the total lot area SEC. 30-35 SEC. 30-36 (RESERVED) AV VILLAGE CENTER DISTRICT Sec. 30-36-1 Purpose (A) The purpose of the AV, Village Center district is to establish areas which will serve as the focal point for cultural and commercial activity of the rural service areas of the County, as envisioned in the Comprehensive plan land use category of the same name. The density recommended for these areas is intended to average between one and three units per acre. Small country stores, family restaurants, and similar small service and personal service businesses, in addition to public and institutional buildings such as schools, post offices and places of religious assembly, are commonly found at these crossroad locations. These areas bring a sense of community to the surrounding rural. areas, with an emphasis on providing the essential goods and services to rural residents, but are not intended as employment destinations for urban residents. New development should therefore be carefully considered for its compatibility with the surrounding development and the purpose and intent of this district. Any expansion of these areas should be contiguous to existing Village Center areas to avoid leap-frog commercial development. Similarly additional development may warrant additional public services, such as community sewer and water systems. Sec. 30.36-2 Permhted 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 are listed in Article IV, Use and Design Standards, for those specific uses. 1. Aaricultural and ForestlV Uses Agriculture * 8/25/92 ...1 II"'" 5 6 6 ;;.~ ARTICLE III AV District Stn~AtR ... Wayside Stand * ~ 2. Residential Uses Accessory Apartment * Home Beauty/Barber Salon * Home Occupation, Type I * Kennels, Private * Manufactured Home, Class A * Manufactured Home, Emergency * Residential Human Care Facility Single Family Dwelling, Attached * Single Family Dwelling, Detached Two Family Dwelling * 3. Civic Uses Administrative Services Clubs * Community Recreation * Cultural Services Day Care Center * Educational Facilities, Primary/Secondary * Family Day Care Home * Park and Ride Facility * Post Office Public Parks and Recreational Areas * Safety Services * Religious Assembly * Utility Services, Minor II 4. Office Uses Financial Institutions * General Office * Medical Office * 5. Commercial Uses Antique Shops * Bed and Breakfast * Consumer Repair Services ' Personal Improvement Services Personal Services Restaurant, Family * Studio, Fine Arts Veterinary Hospital/Clinic (B) The following uses are allowed only by Special Use Permit pursuant to Section 30-19. An astE;!risk (*) indicates additional, modified or more stringent standards are listed in Article IV, Use and Design Standards, for those specific uses. 1. Aaricultural and Forestry Uses Stable, Commercia1* II 8/25/92 ~ ~ I I ~ 56.7 ~ ARTICLE III A V District 2 Rn..'<tIî'tARI'IAI I I!;I;I~ Multi-family Dwelling · Townhouse · 3. Civic Uses Cemetery · Crisis Center Halfway House Home for Adults Life Care Facility Nursing Home Utility Services, Major · 4. Commercial Uses Agricultural Services · Automobile Repair Services, Minor · Automobile Parts/Supply, Retail · Boarding House Clinic· Convenience Store · Funeral Services Garden Center · Gasoline Station · Kennel, Commercial · Restaurant, General · 5. Industrial Uses Construction Yards · Custom Manufacturing · Recycling Centers and Stations · 6. Miscellaneous Uses Outdoor Gatherings · Sec. 30-36-3 She Development Regulations General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV -Use and Design Standards. (A) Minimum lot reauirements 1. Lots served by private well and sewage disposal system; a. Area: 25,000 square feet b. Frontage: 85 feet on a publicly owned and maintained street. 2. Lots served by either public sewer or water: a., Area: 20,000 square feet 8/25/92 ~ II"'" 5'6' 8 ARTICLE III A V District h r:-r~mag~: r· Teet on a pUDIICIy {J'lVllþl(j ~lId 1II:';rlhinnd dm~'t t- 3. Lots served by both public sewer and water: a. Area: 15,000 square feet b. Frontage: 75 feet on a publicly owned and maintained street. (B) Minimum setback reauirements 1. Front yard: 35 feet 2. Side yard: a. Principal structures: 10 feet b. Accessory structures: 10 feet behind front building line or 3 feet behind rear building line. 3. Rear yard: a. Principal structures: 25 feet b. Accessory structures: 3 feet I 4. Where a lot fronts on more than one street, front yard setbacks shall apply to all str~ets. (C) Maximum heiaht of structures 1. All structures: 45 feet (D) Maximum coveraae 1. Building coverage: 30 percent of the total lot area. 2. Lot coverage: 75 percent of the total lot area. SEC. 30-37 .n 30-40 (RESERVED) SEC. 30-41 R-1 LOW DENSITY RESIDENTIAL DISTRICT Sec. 30-41-1 Purpose (A) The R-1, Low Density Residential district is established for areas of the County within the urban service area with existing low-middle density residential development, with an average density of from one to three units per acre, and land which appears appropriate for such development. These areas are generally consistent with the Neighborhood Conservation land use category as recommended in the Comprehensive Plan. In addition, where surrounding development and the level of public services warrant. these areas coincide with the Development category recommended in the Plan. This district is intended to provide the highest degree of protection from potentially incompatible uses and II residential development of a significantly different density, size, or scale, in order to maintain the health, safety, appearance and overall quality of life of existing and future neighborhoods. 8/25/92 ~ I I ~ , 56'9:1 ARTICLE III R-1 District compatible are permitted in this district. This would include parks and playgrounds, schools and other similar neighborhood activities. 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 are listed in Article IV, Use and Design Standards, for those specific uses. 1. Residential Uses Home Occupation, Type I * Manufactured Home, Class A * Manufactured Home, Emergency * Residential Human Care Facility Single Family Dwelling, Detached (For Zero Lot Une Option - *) Single Family Dwelling, Attached * 2. Civic Uses Community Recreation * Family Day Care Home * Park and Ride Facility * Public Parks and Recreational Areas * Utility Services, Minor (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 are listed in Article IV, Use and Design Standards, for those specific uses. 1. Aaricultural and Forestry Uses Stable, Private * 2. Residential Uses Accessory Apartment * Home Beauty/Barber Salon * Kennel, Private * 3. Civic Uses Cemetery * Crisis Center Educational Facilities, Primary/Secondary * Religious Assembly * Utility Services, Major * 4. Miscellaneous Uses Outdoor Gatherings * Sec. 30-41-3 Site Development Regulations General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV - Use and Design Standards. 8/25/92 ....4 II"'" O~ 57 ,- ARTtCLE III R-1 District IJ\) MlnlmUl1I 'oOt IAtllJilAIIIHllb: t- 1. All lots served by private well and sewage disposal systems: a. Area: 0.75 acre (32,670 square feet) b. Frontage: 90 feet on a publicly owned and maintained street. 2. Lots served by either public sewer or water: a. Area: 20,000 square feet b. Frontage: 75 feet on a publicly owned and maintained street. 3. All lots served by' both public sewer and water: a. Area: 7,200 square feet. b. Frontage: 60 feet on a publicly owned and maintained street. (B) Minimum setback requirements 1. Front yard: 30 feet a Principal structures: 10 feet I 2. Side yard: b. Accessory structures: 10 feet behind front building line or 3 feet behind rear building line. 3. Rear yard: a. Principal structures: 25 feet b. Accessory structures: 3 feet 4. Where a lot fronts on more than one street, from: yard setbacks shall apply to all streets. (C) Maximum heiaht of structures 1. Height limitations: a Principal structures: 45 feet, b. Accessory structures: 15 feet, or 25 feet provided they comply with the setback requirements for principal structures. (D) Maximum coveraae 1. Building coverage: 30 percent of the total lot area for all buildings and 7 percent for accessory II buildings. 8/25/92 ~ ~ I I "'II1II 5719J .,. ARTICLE III R-1 District ~ 1..0' cO!-'Af'~ ..n P-H;HI'I "r II,,! "If:d 1..+ nm- SEC. 30-42 R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT Sec. 30-42-1 Purpose (A) The purpose of the R-2, Medium Density District is to establish areas in the County within the urban service area where existing low-middle to middle density residential development (one to six units per acre) is primarily located and land areas which appear generally appropriate for such development. These areas are consistent with the Neighborhood Conservation land use category, and where public services warrant, the Development land use category as recommended in the Comprehensive Plan. This district is intended to provide reasonable protection to existing single family residential neighborhoods, while accommodating a diversity of alternative housing options. These areas are designated based on access to roads, sewer and water, and schools with suitable capacity to accommodate development at the stated density. Older neighborhoods where smaller platted lot sizes exist are also included where opportunities exist for additional in-fill development. 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 are listed in Article IV, Use and Design Standards, for those specific uses. 1. Residential Uses Accessory Apartment * Home Occupation, Type I * Kennel, Private * Manufactured Home, Class A * Manufactured Home, Emergency * Residential Human Care Facility Single Family Dwelling, Attached * Single Family Dwelling, Detached (For Zero Lot Line Option _ *) Two Family Dwelling * 2. Civic Uses Community Recreation * Family Day Care Home * Park and Ride Facility * Public Parks and Recreational Areas * Religious Assembly * Utility Services, Minor (B) The following uses are allowed only by Special Use Permit pursuant to Section 30-19. An asterisk (*) indicates additional, modified or mQre stringent standards are listed in Article IV, Use and Design Standards, for those specific uses. 1. Residential Uses Home Beauty/Barber Salon * Townhouse * 8/25/92 ~ II"'" , 572 ARTICLE III R-2 District :2 C¡"i" 11.,"", Cemetery * Crisis Center Day Care Center * Educational Facilities, Primary/Secondary * Utility Services, Major * 3. Commercial Uses Boarding House Golf Course 4. Miscellaneous Uses Outdoor Gatherings * Sec. 30-42·3 . She Development Regulations General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV - Use and Design Standards. (A) Minimum lot reauirements 1. All lots served by private well and sewage disposal systems: a. Area: .75 acre (32,670 square feet) b. Frontage: 90 feet on a publicly owned and maintained street. 2. Lots served by either public sewer or water: a. Area: 20,000 square feet b. Frontage: 75 feet on a publicly owned and maintained street. 3. Lots served by both public sewer and water: a Area: 7,200 square feet b. Frontage: 60 feet on a publicly owned and maintained street. (B) Minimum setback reauirements 1. Front yard: 30 feet 2. Side yard: a Principal structures: 10 feet b. Accessory structures: 10 feet behind front building line or 3 feet behind rear building line. 3. Rear yard: a Prirn:ipal structures: 25 feet 8/25/92 ~ t- I II ~ 1 1 ~ 573 ARTICLE III R-2 District h Ar.~a""Ary ¡¡ruct11ree -t raðt 4. Where a lot fronts on more than one street, front yard setbacks shall apply to all streets. (C) Maximum heiaht of structures 1. Height limitations: a. Principal structures: 45 feet b. Accessory structures: 15 feet, or 25 feet provided they comply with the setback requirements for principal structures. (D) Maximum coveraae 1. Building coverage: 30 percent of the total lot area for all buildings and 7 percent for accessory buildings. 2. Lot coverage: 50 percent of the total lot area. SEC. 30-43 ... 30-44 (RESERVED) SEC. 30-45 R-3 MEDIUM DENSITY MULTI-FAMILY RESIDENTIAL DISTRICT Sec. 30-45-1 Purpose (A) The purpose of the R-3, Medium Density Multi-family Residential district is to provide areas in the County within the urban service area where existing middle-high density residential development (six to twelve units per acre) has been established and land areas which generally appear to be appropriate for such development. This district is intended to coincide with the Development and Transition land use categories contained in the Comprehensive Plan. They are designated based on access to major streets, sewer and water, and schools with suitable capacity to accommodate development at the stated density, and where parcel sizes allow for well-planned residential development. The areas designated in this district are also intended to serve as a buffer between less intensive residential areas and more intensive office, commercial and industrial areas and districts. A variety of housing densities and styles is encouraged in order to permit a diversity and flexibility in design and layout. Additional standards are established to provide for amenities in higher density developments. Sec. 30-45-2 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 are listed in Article IV, Use and Design Standards, for those specific uses. 1. Residential Uses Accessory Apartment * Home Occupation, Type I * Manufactured Home, Class A * Manufactured Home, Emergency * Multi-family Dwelling * Residential Human Care Facility Single Family Dwelling, Attached * 8/25/92 ...i II"'" 574 ARTICLE III R-3 District Single Family Dwelling, Detached (For Zero Lot Une Option - *) Two Family Dwelling * 2. Civic Uses Community Recreation * Family Day Care Home * Park and Ride Facility * Public Parks and Recreational Areas * Religious Assembly * Utility Services, Minor 3. Commercial Uses Boarding House (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 are listed in Article IV, Use and Design Standards, for those specific uses. 1. Residential Uses Home Beauty/Barber Salon * 2. Civic Uses Cemetery * Crisis Center Day Care Center * Educational Facilities, Primary/Secondary * Safety Services * Utility Services, Major * I 3. Industrial Uses Landfill, Rubble * 4. Miscellaneous Uses Outdoor Gatherings * Sec. 30-45-3 Site Development Regulations General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV - Use and Design Standards. (A) Minimum lot reauirements 1. All lots served by private well and sewage disposal systems: a. Area: .75 acre (32,670 square feet) b. Frontage: 90 feet on a publicly owned and maintained street. 2. Lots served by either public sewer or water: b. Frontage: 75 feet on a publicly owned and maintained street. 1 a. Area: 20,000 square feet 8/25/92 ~ I I ""'II1II 575 ARTICLE III R-3 District 3. All lots served by both publiç sewer and water: a. Area: 7,200 square feet. b. Frontage: 60 feet on a publicly owned and maintained street. 4. For minimum lot size and permitted densities for multi-family dwellings and townhouses refer to Article IV, Use and Design Standards. (B) Minimum setback reauirements 1. Front yard: 30 feet 2. Side yard: . a. Principal structures: 10 feet b. Accessory structures: 10 feet behind front building line or 3 feet behind rear building line. 3. Rear yard: a. Principal structures: 25 feet b. Accessory structures: 3 feet 4. Where a lot fronts on more than one street, front yard setbacks shall apply to all streets. (C) Maximum heiaht of structures 1. Height limitations: a. Principal structures: 45 feet b. Accessory structures: 15 feet, or 25 feet provided they comply with the setback requirements for principal structures. (D) Maximum coveraae 1. Building coverage: 35 percent of the total lot area for all buildings and 7 percent for accessory buildings. 2. Lot coverage: 60 percent of the total lot area. SEC. 30-46 R-4 HIGH DENSITY MUL TI·FAMIL Y RESIDENTIAL DISTRICT Sec. 30-46-1 Purpose (A) The purpose of the R-4, High Density Multi-family Residential district is to provide areas in the County within the urban service area where existing high density residential development (twelve to twenty-four units per acre) has been established and land areas which generally appear to be appropriate for such development. These areas should serve as a buffer between less intensive and more intensive districts. This district coincides with the recommendations for the Transition and Core land use categories contained in the Comprehensive Plan where residential development appears to be appropriate. These 8/25/92 ..... II"'" 576 ARTICLE III R-4 District and other public services have suitable capacity to accommodate development at the stated density. An additional consideration is that the parcel sizes allow for well planned residential development. A variety of housing densities and styles is encouraged in order to permit a diversity and flexibility in design and layout. Additional standards are established to provide for amenities in higher density developments. Sec. 30-46-2 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 are listed in Article IV, Use and Design Standards, for those specific uses. 1. Residential Uses Accessory Apartment * Home Occupation, Type I * Manufactured Home, Class A * Manufactured Home, Emergency * Multi-family Dwelling * Residential Human Care Facility Single Family Dwelling, Attached * Single Family Dwelling, Detached (For Zero Lot Line Option - *) Townhouse * Two Family Dwelling * 2. Civic Uses Community Recreation * Family Day Care Home * Park and Ride Facility Public Parks and Recreational Areas * Religious Assembly * Utility Services, Minor 1 3. Commercial Uses Boarding House (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 are listed in Article IV, Use and Design Standards, for thÇ>se specific uses. 1. Residential Uses Home Beauty/Barber Salon * 2. Civic Uses Cemetery * Crisis Center Day Care Center * Educational Facilities, Primary/Secondary * Safety Services * Utility Services, Major * 3. Industrial Uses 1 8/25/92 ~ ~ 57'7 ARTICLE III R-4 District ~ ~I,'I A', 'II. · 4. Miscellaneous Uses Outdoor Gatherings * Sec. 30-46·3 Site Development Regulations General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV - Use and Design Standards. (A) Minimum lot reauirements 1. Lots selVed by private well and sewage disposal system; a. Area: .75 acre (32,670 square feet) b. Frontage: 90 feet ona publicly owned and maintained street. 2. Lots selVed by either public sewer or water: a. Area: 20,000 square feet b. Frontage: 75 feet on a publicly owned and maintained street. I 3. Lots selVed by both public sewer and water: a Area: 7,200 square feet. b. Frontage: 60 feet on a publicly owned and maintained street. 4. For minimum lot size and permitted densities for multi-family dwellings and townhouses refer to Article IV, Use and Design Standards. (B) Minimum setback reauirements 1. Front yard: 30 feet 2. Side yard: a Principal structures: 10 feet b. Accessory structures: 10 feet behind front building line or 3 feet behind rear building line. 3. Rear yard: a. Principal structures: 10 feet b. Accessory structures: 3 feet I 4. Where a lot fronts on more than one street, front yard setbacks shall apply to all streets. (C) Maximum heiQht of structures 8/25/92 ~ J"" 578 ARllCLE III R-4 District HulQ11Î IImltmlnns' t- a. Principal structures: When adjoining property zoned R-1 or R-2, 45 feet, including rooftop mechanical equipment. The maximum height may be increased, provided each required side and rear yard adjoining the R-1 or R-2 district is increased two feet for each foot in height over 45 feet. In all locations the height is unlimited unless otherwise restricted by this ordinance. b. Accessory structures: 15, feet, or 25 feet provided they comply with the setback requirements for principal structures. (D) Maximum coveraae 1. Building coverage: 35 percent of the total lot area for all buildings and 7 percent for accessory buildings. 2. Lot coverage: 75 percent of the total lot area. SEC. 30-47 PRD PLANNED RESIDENTIAL DEVELOPMENT DISTRICT Sec. 30-47·1 Purpose (A) The purpose of this district is to provide for the development of planned residential communities that incorporate a variety of housing options as well as certain limited commercial and office uses designed I to serve the inhabitants of the district. This district is intended to allow greater flexibility than is generally possible under conventional zoning district regulations by encouraging ingenuity, imagination and high quality design to create a superior living environment for the residents of the planned community. Incorporation of significant areas of open space is a primary component of these provisions as a means to maintain critical natural and cultural resources. This is balanced with development at densities which compensate, or in certain situations reward with bonuses, for maintenance of these resources. The PRD district is particularly appropriate for parcels which contain a number of constraints to conventional development. In addition to an improved quality of design, the PRD district creates an opportunity to reflect changes in the technology of land development, provide opportunities for new approaches to home ownership, and provide for an efficient use of land which can result in reduced development costs. Sec. 30-47·2 Permitted Uses (A) The following uses are permitted in the Planned Residential Development district. However,!J.Q 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 are listed in Article IV, Use and Design Standards, for those specific uses. 1. Residential Uses Home Occupation, Type I * Multi-family Dwelling Residential Human Care Facility Single, Family Dwelling, Attached , Single Family Dwelling, Detached Townhouse Two Family Dwelling 1 8/25/92 ~ ~ I I ~ 579:; ARTICLE III PRD District 2. Civic Uses ( :olllrhlJnlty Hea:A;,ltlOII · Crisis Center Day Care Center * Educational Facilities, Primary/Secondary * Family Day Care Home * Park and Ride Facility * Public Parks and Recreational Areas * Religious Assembly * Safety Services * Utility Services, Major * Utility Services, Minor 3. Office Uses . General Office * Medical Office * 4. Commercial Uses Convenience Store * Gasoline Station * Personal Services Restaurant, Family * (8) Other use types which are not listed above and which are determined to be appropriate and compatible with the proposed development and surrounding uses may be permitted in the PRD district where they are specifically proposed in the initial preliminary master plan and approved pursuant to Section 30-47- 5. Sec~ 30-47·3 Site Development Regulations (A) Each planned residential development shall be subject to the following site development standards. 1. Minimum district size: 10 acres of contiguous land. 2. Maximum gross density: 5 dwelling units per acre, excluding any density bonuses provided for below. 3. Minimum common open space and/or recreational areas: 15 percent of the gross area of the PRD district. 4. Criteria tor all open space: a. Minimum countable open space: 5,000 contiguous square feet. b. Minimum horizontal dimension: 50 feet, except that areas with a horizontal distance of not ' less than 20 feet shall be counted as open space provided such areas contain facilities such as, but not limited to, bikeways, exercise trails, tot lots, gazebos, picnic tables, etc. c. Common open space shall not include proposed street right-ot-ways, open parking areas, driveways, or sites reserved tor schools or places of religious assembly. d. Common open space and/or recreational areas shall be of an appropriate nature and location to serve the residents of the district. 8/25/92 ~ J"" 580 ARTICLE III PRD District 5. Open space bonus: for each additional 5 percent of open s ace the maximum space bonus shall be 25 percent. 6. A 7.5 percent bonus to the gross density may be approved by the Administrator when a historic site will be preserved and maintained as an integral part of the development proposal. The historic site must be included in the County Historic Resources Inventory and meet one of the following: a. The historic site shall be listed on the Virginia Landmarks Register and the National Register of Historic Places; b. The historic site shall have been determined to be eligible for listing on the registers cited in a. above by the State Review Board for Historic Preservation; OR, c. The historic site shall have been officially designated by the Board of Supervisors as having County or local significance. 7. Maximum area for commercial and/or office uses: 10 percent of the gross area of the PRD. In addition, the following standards shall apply: a. Commercial and office uses shall be expressly designed for the service and convenience of the PRD; b. Commercial and office uses shall be screened and landscaped so as to be compatible with adjoining residences; I c. Construction of commercial and office uses shall not begin until 25 percent of the residential units of the total PRD have been completed. 8. Minimum setback requirements shall be specifically established during the review and approval of the Master Plan. The following guidelines shall be used in establishing the building spacing and setbacks: a. Building spacing shall provide privacy within each dwelling unit; b. Building spacing shall ensure that each room has adequate light and air; c. Areas between buildings used as service yards, storage of trash, or other utilitarian purposes should be designed so as to be compatible with adjoining dwellings; d. Building spacing and design shall provide privacy for outdoor activity areas (patios, decks, etc.) associated with individual dwelling units. 9. Streets in the PRD diS!:rict may be public in accordance with VDOT and County standards or may be private. 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. 30-47-4 Relationship to Existing Development Regulations 1 (A) All zoning regulations shall apply to the development of the PRD, unless modified in the approval of the final master plan. 8/25/92 l I I "'l1lI 5 8'~1 ~. ARTICLE III PRD District Sec. 30-47-5 Application Process (A) Prior to submitting a formal application for review and approval under these provisions, the applicant and county staff shall meet to discuss the requirements of this section. The purpose of the meeting is to obtain a mutual understanding of the application requirements and process. The applicant is encouraged to submit information on the scope and nature of the proposal to allow staff to become familiar with the proposal in advance of this meeting. (B) Any application to rezone land to the PRD designation, shall constitute an amendment to the zoning ordinance pursuant to Section 30-14. The written and graphic information submitted by the applicant as part of the application process shall constitute proffers pursuant to Section 30-15 of this ordinance. Once the Board of Supervisors has approved the final master plan, all accepted proffers shall constitute conditions pursuant to Section 30-15. (C) To initiate an amendment, the applicant shall complete a rezoning application packet. This information shall be accompanied by graphic and written information, which shall constitute a preliminary master plan. All information submitted shall be of sufficient clarity and scale to clearly and accurately identify the location, nature, and character of the proposed district. At a minimum this information shall include: 1. A legal description and plat showing the site boundaries, and existing street lines, lot lines, and easements. 2. Existing zoning, land use and ownership of each parcel proposed for the district. 3. A general statement of planning objectives to be achieved by the PRD district, including a description of the character of the proposed development, the existing and proposed ownership of the site, the market for which the development is oriented. and objectives towards any specific man-made and natural characteristics located on the site. 4. A description and analysis of existing site conditions, including information on topography, archeological and historic resources, natural water courses, floodplains, unique natural features, tree cover areas, etc. 5. A land use plan designating specific uses for the site, both residential and non-residential uses, and establishing site development regulations, including setback, height, building coverage, lot coverage. and density requirements. 6. A circulation plan, including location of existing and proposed vehicular, pedestrian, bicycle, and other circulation facilities and location and general design of parking and loading facilities. General information on the trip generation, ownership and maintenance and proposed construction standards for these facilities should be included. A Traffic Impact Analysis may be required by the Administrator. 7. A public services and utilities plan providing requirements for and provision of all utilities, sewers, and other facilities to serve the site. 8. An open space plan, including areas proposed for passive and active recreational uses, natural and undisturbed areas, and proposed buffer areas proposed around the perimeter of the site. Information on the specific design and location of· these areas and their ownership and maintenance should be included. 8/25/92 ~ JI'" 5SZ· ARTICLE III PRD District lighting plans, etc. 9. Generalized statements pertaining to architectural and commun' 10. A development schedule indicating the location, extent and sequence of proposed development. Specific information on development of the open space, recreational areas, and non-residential uses should be included. (D) The completed rezoning application and supporting preliminary master plan materials shall be submitted to the Planning Commission for review and analysis. The Commission shall review this information and make a report of its findings to the Board of Supervisors. The Commission shall as part of its review hold a public hearing pursuant to Section 15.1-431 of the Code of Virginia, as amended. The proposed district shall be posted with signs indicating the date and time of the Commission public hearing. (E) The Commission shall make a report of its findings to the Board of Supervisors within 90 days of the receipt of the materials, unless the applicant requests, or agrees to an extension of this time frame. The Commission's report shall recommend approval, approval with modifications, or disapproval of the preliminary master plan. Failure of the Commission to make a report of its findings to the Board of Supervisors within this period shall constitute a Commission recommendation of approval. (F) If the Commission recommends denial of the preliminary master plan, or approval with modification, the applicant shall, if requested, have 60 days to make any modifications. If the applicant desires to make any modifications to the preliminary master plan, the Board of Supervisor's review and action shall be delayed until such changes are made and submitted for review. (G) The Board of Supervisors shall review the preliminary master plan, and act to approve or deny the plan within 90 days. Approval of the preliminary master plan shall constitute acceptance of the plan's provisions and concepts as proffers pursuant to Section 30-15 of this ordinance. The plan approved by the Board of Supervisors shall constitute the final master plan for the PRD. Once approved by the Board of Supervisors, the Administrator shall authorize the revisions to the official zoning map to indicate the establishment of the PRD district. I Sec. 30-47-6 Revisions to Final Master Plan (A) Major revisions to the final master plan shall be reviewed and approved following the procedures and requirements of Section 30-47-5. Major revisions include, but are not limited to changes such as: 1. Any increase in the density of the development; 2. Substantial change in circulation or access; 3. Substantial change in the mixture of dwelling unit types included in the project; 4. Substantial changes in grading or utility provisions; 5. Substantial changes in the mixture of land uses or an increase in the amount of land devoted to non-residential purposes; 6. Reduction in the approved open space, landscaping or buffering; 7. Substantial change in architectural or site design features of the development; 1 8/25/92 ~ "'II1II , 583 C1 ARTICLE III PRD District 8. Any other change that the Administrator finds is a major divergence from the approved final (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 15 calendar days, it shall be considered approved. 2. A request which is disapproved by the Administrator shall be considered a major amendment and shall be subject to the approval process outlined above for such amendments. Sec. 30-47·7 Approval of Preliminary and Final Site Development Plans (A) Following the approval of the final master plan, the applicant or its authorized agent, shall be required to submit preliminary and final site development plans for approval. Final site development plans for any phase or component of the PRD that involves the construction of structures or facilities, shall be approved prior to the issuance of a building and zoning permit, and the commencement of construction. Standards for preliminary and final site development plans are found in a document entitled Land Development Procedures. available in the Department of Engineering and Inspections. (B) It is the intent of this section that subdivision review under the subdivision regulations be carried out simultaneously with the review of a planned residential development under this section. The plans required under this section shall be submitted in a form which will satisfy the requirements of the subdivision regulations, as determined by the Administrator. I (C) Preliminary and final site development plans submitted for review shall in compliance with the final master plan approved by the Board of Supervisors. Roanoke County shall review and approve or disapprove any Final Site Development Plan within 60 days of its submittal. (D) No Planned Residential Development shall be approved and no work shall be authorized on construction until all property included in the Final Master Plan is in common ownership. Sec. 30-47·8 Failure to Begin Development (A) Failure of the applicant to submit a preliminary site development plan for at least one portion of the planned residential development within 18 months of the approval of the final master plan, shall constitute an application on the part of applicant to rezone the PRD to the district designations in effect prior to the approval of the final master plan. Sec. 30-47·9 Control Following Approval of Final Development Plans (A) The zoning administrator shall periodically inspect the site and review all building permits issued for the development to ensure that the development schedule is generally complied with. The provision and construction of all of the common open space and public and recreational facilities shown on the final development plan must proceed at the same rate as the construction of dwelling units. If the administrator finds that the development schedule has not been followed, no permits, except for the above mentioned facilities, shall be issued until the developer complies with the development schedule, unless the developer has provided a performance bond or similar instrument to guarantee that such common open space and/or public and recreational facilities will be provided for at a specific date. I See. 30-17-10 ExIsting Planned Unn Developmenta 8/25/92 .~ II"'" 584 ARTICLE III PRD District (A) Any Planned Unit Development approved under procedures in force before the effective date of this requirements or restrictions applicable at the time of their approval. SEC.3()..48 R-MH MANUFACTURED HOUSING OVERLAY DISTRICT Sec.30~1 Purpose (A) The provisions of the R-MH Manufactured Housing Overlay District are designed to increase opportunities for affordable housing alternatives, to recognize modem advances in manufactured housing technology, and to promote cost effective site development. This overlay 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 residential neighborhoods, yet protects against the intrusion of incompatible commercial and industrial uses. Sec. 30-48-2 Permitted Uses (A) The following uses are permitted by right subject to all other applicable requirements contained in this Ordinance, in addition to those uses permitted in the underlying zoning district. An asterisk (*) indicates additional, modified or more stringent standards are listed in Article IV, Use and Design Standards, for those specific uses. 1. Residential Uses Manufactured Home Subdivisions * I (B) The following uses are allowed only by Special Use Permit pursuant to Section 30-19, in addition to those uses permitted by Special Use Permit in the underlying zoning district. An asterisk (*) indicates additional, modified or more stringent standards are listed in Article IV, Use and Design Standards, for those specific uses. 1. Residential Uses Manufactured Home Park * Sec. 30-48-3 Site Development Regulations (A) All uses permitted by right or permitted with a special use permit in the underlying zoning district shall conform to the site development regulations for that district, in addition to any additional standards required by this ordinance. (B) For the Site Development Standards for Manufactured Home Subdivisions and Parks refer to Article IV, Use and Design Standards. Sec. 30-48-4 Designation and Process for Creation of Overlay (A) The R-MH District shall be considered an overlay to the underlying zoning district designations as shown on the Official Zoning Map. This district may be approved as an overlay district to the AR, R-1, R-2, R-3, or R-4 District provisions by the Board pursuant to Section 30-14. The MH designation shall be prefixed on the Official Zoning Map by the notation of the District with which it combined (e.g. an R- 1 MH District overlaying an R-1 District shall carry the R-1MH District designation). 8/25/92 ~ I I ~ 58'5 ARTICLE III R-MH District submit as part of their application, a preliminary plan. This preliminary plan shall constitute a proffer of cQnditions, pursuant to Section 30-15 of this ordinance, and shall show the location of the following: 1. The layout and design of the manufactured home subdivision or park including the location of all manufactured home lots, office, service, and community facilities. 2. The location of all recreation areas, and information on how they shall be developed. Area calculations shall be provided. 3. All existing and proposed public and private streets or pathways. Minor and collector streets shall be designated. 4. All proposed parking arèas. (C) If the R-MH district is approved by the Board of Supervisors, a site development plan meeting the procedures and standards of Section 30-90 shall be submitted prior to construction. SEC. 30-49 RCO RESIDENTIAL CLUSTER OVERLAY DISTRICT (RESERVED) (RESERVED) NC NEIGHBORHOOD COMMERCIAL DISTRICr SEC. 30-50 SEC. 30-51 Sec. 30.51-1 Purpose (A) The purpose of this district is to provide for the development of low intensity retail sales and service establishments developed either as a coordinated unit or on individual parcels which primarily serve the residents of a geographically limited neighborhood or residential area. The total district size should be no more than three acres and expansion beyond this size should be limited. Neighborhood Commercial districts are most appropriately found along or near a residential collector street or minor arterial roadway which serves the residents of a particular subdivision or cluster of residences. These areas should also be served by public sewer and water. Land uses permitted in this district are compatible with the recommendations set forth in the Neighborhood Conservation and Development categories of the Comprehensive Development Plan. In order to enhance the general character of the district, its function of neighborhood service, and its compatibility with residential surroundings, building heights, the size of certain uses and characteristics are all limited. Sec. 30-51-2 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 are listed in Article IV, Use and Design Standards, for those specific uses. ' 1. Civic Uses Community Recreation * Cultural Services Day Care Center * Educational Facility, Primary/Secondary * Family Day Care Home * Post Office Religious Assembly * 8/25/92 ~ II"'" 58,6';: ARTICLE III NC District Public Pal ks dllJ A~l;ttfiitiHH<41 /UUi..i!i A Safety SelVices * Utility Services, Minor 2. Office Uses . General Office * Medical Office * 3. Commercial Uses Convenience Store * Personal Services Restaurant, Family * (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 are listed in Article IV, Use and Design Standards, for those specific uses. 1. Commercial Uses Gasoline Station * Studio, Fine Arts 2. Miscellaneous Uses Outdoor Gatherings * Sec. 30·51·3 Site Development Standards General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV - Use and Design Standards. (A) Minimum lot reauirements 1. For all lots: a. Area: 20,000 square feet b. Frontage: 100 feet on a publicly owned and maintained street. (B) Minimum setback reauirements 1. Front yard: 30 feet for all buildings, structures and parking areas. 2. Side yard: 15 feet for all buildings. 3. Rear yard: 25 feet for all structures, 35 feet when adjoining a residential use. 4. Where a lot fronts on more than one street, front yard setbacks , shall apply to all streets. (C) Maximum heiaht of structures 1. Height limitations: a. Principal structures: 30 feet, including rooftop mechanical equipment. 8/25/92 ~ ~ II I ~ I I ~ ARTICLE III 581 Cj NC District h Ar.~ory 'ð"lICl:ures: 1 ~ Tt?-- (D) Maximum coveraae 1. Building coverage: 35 percent of the total lot area for all buildings and 7 percent for accessory buildings. 2. Lot coverage: 65 percent of the total lot area. SEC. 30-52 SEC. 30-53 (RESERVED) C-1 OFFICE DISTRICT Sec. 30-53-1 Purpose (A) The purpose of the C-1 Office District is to provide for the development of attractive and efficient office uses in the urban service area which serve both community and county-wide needs. The C-1 district allows for varying intensities of office development as part of either a planned office complex or, to a limited degree, small scale office uses. Retail uses are permitted, to a limited extent, where they are supportive of the office environment. The C-1 districts are most appropriately found along or near major arterial streets where existing commercial development has occurred and/or where commercial zoning has been established, or near existing residential development where it would serve as a logical buffer strip between conflicting land use types. Land uses permitted in the C-1 Office District are generally consistent with the recommendations forth in the Transition and Core land use categories of the Comprehensive Development Plan. Site development standards arè intended to ensure compatibility with adjacent land uses. Sec. 30-53-2 Permmed 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 are listed in Article IV, Use and Design Standards, for those specific uses. 1. Residential Uses Accessory Apartment * Home Beauty/Barber Salon * Home Occupation, Type I * Multi-family Dwelling * Two-family Dwelling * 2. Civic Uses Administrative Services Clubs Cultural Services Day Care Center * Edùcational Facilities, College/University Educational Facilities, Primary/Secondary * Guidance Services (Park and Ride Facility * Post Office 8/25/92 ~ II"'" 588 ARTICLE III C-1 District Public P¡Jr~1j ¡:!lid RRr!rRAflfu'!t'l1 Area9 Religious Assembly * Safety Services * Utility Services, Minor t- 3. Office Uses Financial Institutions * General Office Medical Office 4. Commercial Uses Business Support Services Business or Trade Schools Clinic Communications Services Studio, Fine Arts Veterinary Hospital/Clinic 5. 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 are listed in Article IV, Use and Design Standards, for those specific uses. 1. Civic Uses Utility Services, Major * II 2. Office Uses Laboratories 3. Commercial Uses Commercial Indoor Sports and Recreation 4. Industrial Uses Landfill, Rubble * 5. Miscellaneous Uses Broadcasting Tower ~ Outdoor Gatherings * 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. (A) Minimum lot reauirements 1. Lots served by private well and sewage disposal system; I a. Area: 1 acre (43,560 square feet) 8/25/92 ~ ~ I I ~ 589·. ARTICLE III C-1 District h ii(JIII~QQ H}O M.~ .... ~ ¡.,d<jnly IJ""IJW~ n 1~ mslntslF'led Slfeef 2. Lots served by either public sewer or water, or both: a. Area: 15,000 square feet b. Frontage: 75 feet on a publicly owned and maintained street. (B) Minimum setback reauirements 1. Front yard: 30 feet, or 20 feet when all parking is located behind the front building line. 2. Side yard: a Principal structures: 10 feet on anyone side, with a combined total on both sides of at least 25 feet. b. Accessory structures: 10 feet behind the front building line, or 3 feet behind rear building line. 3. Rear yard: a. Principal structures: 15 feet b. Accessory structures: 3 feet 4. Where a lot fronts on more than one street, front yard setbacks shall apply to all streets. (C) Maximum heiaht of structures 1. Height limitations: a. Principal structures: When adjoining property zoned R-1 or R-2, 45 feet, including rooftop mechanical equipment. The maximum height may be increased, provided each required side and rear yard adjoining the R-1 or R-2 district is increased two feet for each foot in height over 45 feet. In all other locations the height is unlimited unless otherwise restricted by this ordinance. b. Accessory structures: 15 feet (D) Maximum coveraae 1. Building coverage: 50 percent of the total lot area 2. Lot coverage: 80 percent of the total lot area SEC. 30-54 C-2 GENERAL COMMERCIAL DISTRICT Sec. 30-54-1 Purpose (A) The purpose of this district is to provide locations for a variety of commercial and service related activities within the urban service area serving a community of several neighborhoods or large areas 8/25/92 ..... J"" 59,(}\ ARllCLE III C-2 District Commercial Districts are most appropriately found along major arterial thoroughfares which serve large segments of the county's population. The C-2 district permits a wide variety of retail and service related uses. Land uses permitted in this district are generally consistent with the recommendations set forth in the Transition and Core land use categories of the Comprehensive Development Plan. Site development regulations are designed to ensure compatibility with adjoining land uses. Sec. 30-54·2 Permmed 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 are listed in Article IV, Use and Design Standards, for those specific uses. ~ 1. Residential Uses Home Beauty/Barber Salon * Home Occupation, Type I * 2. Civic Uses Administrative Services Clubs Cultural Services Day Care Cénter * Educational Facilities, College/University Educational Facilities, Primary/Secondary * Family Day Care Home * Guidance Services Halfway House Park and Ride Facility * Post Office Public Assembly Public Parks and Recreational Areas * Safety Services * Utility Services, Minor II 3. Office Uses Financial Institutions * General Office Medical Office Laboratories 4. Commercial Uses Agricultural Services * Antique Shops Automobile Dealership, New * Automobile Repair Services, Minor * Automobile Rental/Leasing Automobile Parts/Supply, Retail * Bed and Breakfast * Boarding House Business Support Services I 8/25/92 ~ I I ~ 591 ARTICLE III C-2 District SUAi· ..ð<lfl ~ .... T....... lð !!;. :111 K lb·: Clinic Commercial Indoor Entertainment Commercial Indoor Sports and Recreation Commercial Outdoor Entertainment Commercial Outdoor Sports and Recreation Communications Services Construction Sales and Services * Consumer Repair Services Funeral Services Garden Center * Gasoline Station * Hospital HoteVMotel/Motor Lodge Kennel, Commercial * Pawn Shop Personal Improvement Services Personal Services Restaurant, General Restaurant, Family Retail Sales Studio, Fine Arts Veterinary Hospital/Clinic 5. Industrial Uses Recycling Centers and Stations * 6. Miscellaneous Uses Broadcasting Tower * 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 are listed in Article IV, Use and Design Standards, for those specific uses. 1. Civic Uses Home for Adults Life Care Facility Nursing Home Religious Assembly Utility Services, Major * 2. Commercial Uses Automobile Dealership, Used * Automobile Repair Services, Major * Car Wash * Commercial Indoor Amusement Convenience Store * Dance Hall Equipment Sales and Rental * Manufactured Home Sales * Mini-warehouse * 8/25/92 ~ II"'" 59 2 .~ ARTICLE III C-2 District HecreatIO..;;1 \:91IicIA ~;¡;IA~ joI(1 ~r~n'i"Q ... Restaurant, Drive-in and Fast Food * Surplus Sales Truck Stop * ~ 3.. Industrial Uses Custom Manufacturing * Landfill, Rubble * Transportation Terminal 4. Miscellaneous Uses Outdoor Gatherings * Sec. 30-54-3 Site Development Regulations General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV - Use and Design Standards. (A) Minimum lot reauirements 1. Lots served by private well and sewage disposal system; a Area: 1 acre (43,560 square feet) b. Frontage: 100 feet on a publicly owned and maintained street. I 2. Lots served by either public sewer or water, or both: a. Area: 15,000 square feet. b. Frontage: 75 feet on a publicly owned and maintained street. (B) Minimum setback reauirements 1. Front yard: 30 feet, or 20 feet when all parking is located behind the front building line. 2. Side yard: None. 3. Rear yard: a Principal structures: 15 feet b. Accessory structures: 3 feet 4. Where a lot fronts on more than one street, front yard setbacks shall apply to all streets. (C) Maximum heiaht of structures 1. Height limitations: 1 a. Principal structures: When adjoining property zoned R-1 or R-2, 45 feet, including rooftop mechanical equipment. The maximum height may be increased, provided each required 8/25/92 ~ I I "'II1II 593 ARTICLE III C-2 District height over 45 feet. In all locations the height is unlimited unless otherwise restricted by this ordinance. b. ' Accessory structures: actual height of principal structure. (D) Maximum coveraae 1. Building coverage: 50 percent of the total lot area 2. Lot coverage: 90 percent of the total lot area SEC. 30-55 (RESERVED) SEC. 30-56 INT INTERCHANGE DISTRICT (RESERVED) SEC. 30-57 PCD PLANNED COMMERCIAL DEVELOPMENT DISTRICT (RESERVED) SEC. 30-58 ... 30-60 (RESERVED) SEC. 30-61 1-1 INDUSTRIAL DISTRICT . Sec. 30-61-1 Purpose (A) The purpose of the 1-1, Industrial district is to provide areas within the urban service area which are suitable for less intensive industrial activities. These areas are primarily designated based on the suitability of the land in terms of slope and freedom from flooding, as well as the availability of adequate sewer and water capacity, access to arterial road network, and proximity to rail and airport facilities or the interstate highway system. This district generally coincides with the recommendations for the Principal Industrial land use category contained in the Comprehensive Plan, and particularly those areas unsuitable for more intensive or potentially hazardous industrial uses. Distributing these areas around the County in a planned manner to create employment centers within close proximity to residential growth areas and reduce heavy traffic generation of industrial uses is encouraged. Since land with suitable characteristics for less intensive industrial development is limited in the County, a high degree of protection is promoted where industrial development is located adjacent to existing or future residential areas. The conversion andlor redevelopment of existing non-conforming uses in this district which are unrelated to industrial needs is also encouraged. 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 are listed in Article IV, Use and Design Standards, for those specific uses. 1. Aaricultural and Forestry Uses Agriculture 2. ~' Civic Uses Day Care Center * 8/25/92 ~ J"" 594 ARTICLE III 1-1 District P a.l\ dllLl Fmm-F:,milil y Post Office Public Maintenance and Service Facilities Safety Services Utility Services, Minor Utility Services, Major * ~ 3. Office Uses Financial Institutions * General Office Laboratories 4. Commercial Uses Automobile Repair Services, Major * Business Support Services Business or Trade Schools Equipment Sales and Rental * Laundry 5. Industrial Uses Custom Manufacturing * Industry, Type I Landfill, Rubble * Recycling Centers and Stations * Transportation Terminal Truck Terminal Warehousing and Distribution I 6. Miscellaneous Uses Broadcasting Tower * Parking Facilities * (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 are listed in Article IV, Use and Design Standards, for those specific uses. 1. Commercial Uses Commercial Indoor Sports and Recreation Mini-warehouse * Surplus Sales Truck Stop * 2. Industrial Uses Resource Extraction * Transfer Station * 3. Miscellaneous Uses Aviation Facilities, Private * Outdoor Gatherings * Sec. 30.&1·3 Site Development Regulations II 8/25/92 l ~ I I ~ 59 5 c~ ARTICLE III 1-1 District I;ÌDneral ~anaaras ~or .!Idaïti(JII~I, 1"llIlifill I. nr "uun ·...ri"[J~'1t o¡ter::1der~i fQr specific uses, S99 ARI;19 IV - Use and Design Standards. (A) Minimum lot reauirements 1. Lots served by private well and sewage disposal system; a Area: 1 acre (43,560 square feet) b. Frontage: '100 feet on a publicly owned and maintained street. 2. Lots served by either public sewer or water, or both: a Area: 15,000 square feet b. Frontage: 75 feet on a publicly owned and maintained street. (B) Minimum setback reauirements 1. Front yard: 30 feet, or 20 feet when all parking is located behind the front building line. 2. Side yard: a Principal structures: 10 feet b. Accessory structures: behind front building line and 3 feet from side line. 3. Rear yard: a Principal structures: 15 feet b. Accessory structures: 3 feet 4. Where a lot fronts on more than one street, front yard setbacks shall apply to all streets. (C) Maximum heiaht of structures 1. Height limitations: a All structures: 45 feet, including rooftop mechanical equipment. The maximum height may be increased to 60 feet provided each side and rear yard is increased one foot for each foot in height over 45 feet. (D) Maximum coveraae 1. Building coverage: 50 percent of the total lot area. 2. Lot coverage: 90 percent of the total lot area SEC. 30-62 1-2 INDUSTRIAL DISTRICT Sec.3~2-1 Purpose -8/25/92 ~ II"'" t;q6 <I ARTICLE III 1-2 District existing more intensive industrial uses or are suitable for such activities. These areas coincide with the . Principal Industrial land use category contained in the Comprehensive Plan and are designated based on the suitability of the land in terms of slope and freedom from flooding and the relative remoteness and absence of substantial residential development which could be adversely affected by such development. In addition, the availability of adequate sewer and water capacity, access to arterial road network, and proximity to rail and airport facilities or the interstate highway system are major considerations. Distributing these areas around the County in a planned manner to create employment centers within close proximity to residential growth areas and reduce heavy traffic generation of industrial uses is encouraged. Sec. 3G-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 are listed in Article IV, Use and Design Standards, for those specific uses. 1. Aaricultural and Forestry Uses Agriculture 2. Civic Uses Day Care Center * Park and Ride Facility Post' Office Public Maintenance and Service Facilities Safety Services Utility Services, Minor Utility Services, Major * I 3. Office Uses Financial Institutions * General Office Laboratories 4. Commercial Uses Automobile Repair Services, Major * Business Support Services Business or Trade Schools Equipment Sales and Service Laundry 5. Industrial Uses Construction Yards * Custom Manufacturing * Industry, Type I and Type II Landfill, Rubble * Meat Packing and Related Industries Railroad Facilities Recycling Centers and Stations * Scrap and Salvage Services * Transfer Station * II 8/25/92 ~ ~ 1 I ~ 591 ~ ARTICLE III 1-2 District Iral,C-I"'I"!>uon T.......;..<>I Truck Terminal Warehousing and Distribution 6. Miscellaneous Uses Broadcasting Tower * Parking Facilities * (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 are listed in Article IV, Use and Design Standards, for those specific uses. 1. Commercial Uses Commercial Indoor Sports and Recreation Surplus Sales ' Truck Stop * 2. Industrial Uses Asphalt Plant * Industry, Type III * Resource Extraction * 3. Miscellaneous Uses Aviation Facilities, Private * Outdoor Gatherings * See; 30-62·3 Site Development Regulations General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV - Use and Design Standards. (A) Minimum lot reauirements 1. Lots served by private well and sewage disposal system; a Area: 1 acre (43,560 square feet) b. Frontage: 100 feet on a publicly owned and maintained street. 2. Lots served by either public sewer or water, or both: a. Area: 20,000 square feet b. Frontage: 100 feet on a publicly owned and maintained street. (B) . Minimum setback reauirements 1. Front yard: 30 feet, or 20 feet when all parking is located behind the front building line. 2. Side yard: a. Principal structurès: 1 0 feet 8/25/92 ~ II"'" 59 ß ARTICLE III 1-2 District b ~ccessory gtructUI~ DAhilld IflJlII hllildino Ii no ~nd :3 feet fr-om siae line. t- 3. Rear yard: a. Principal structures: 15 feet b. Accessory structures: 3 feet 4. Where a lot fronts on more than one street, front yard setbacks shall apply to all streets. (C) Maximum heiaht of structures 1. Height limitations: a. All structures: 45 feet, including rooftop mechanical equipment. The maximum height may be increased to 100 feet provided each side and rear yard is increased one foot for each foot in height over 45 feet. (D) Maximum coveraQe 1. Building coverage: 75 percent of the total lot area. 2. Lot coverage: 90 percent of the total lot area SEC. 30-63 PID PLANNED INDUSTRIAL DEVELOPMENT DISTRICT (RESERVED) I SEC. 30-64 ... 30-70 (RESERVED) SEC. 30-71 EP EXPLORE PARK DISTRICT Sec. 30-71-1 Purpose (A) The purpose of this district is to establish an area within the County that is designated and reserved solely for activities associated with the Explore Park, (hereafter referred to as the Park). These district regulations are designed to permit a wide variety of Park activities. In addition, they are designed to ensure, through adequate public review, that areas surrounding the Explore Park are afforded arr¡ protections necessitated by the Park's development and operation. They are also designed to ensure that public facilities and services are planned and are adequate to ensure the safe and efficient operation of the Park with a minimum of impact on the surrounding neighborhood and the larger community . Sec. 30-71-2 Applicability (A) These regulations shall only apply to land owned by the Virginia Recreational Facilities Authority (VRFA), and to any facilities, and/or operations on such land, after review and approval by the Board of Supervisors. Sec. 30-71-3 Permitted Uses (A) The VRFA shall have the authority to plan and propose all uses within the Park. However, approved 1 uses and activities within the Park shall, be restricted to those uses and activities planned and shown 8/25/92 l I I ~ 59~: ARTICLE III EP District on the preliminary master plan, reviewed and approved by the Board of Supervisors under the Sec. 30.71-4 Relationship to Existing Development Regulations (A) All zoning related site development regulations shall apply to the development of the park, unless such regulations are modified as a condition of the approved preliminary master plan. Sec. 30-71-5 Application Process (A) Prior to submitting a formal application for review and approval under these provisions, the applicant and county staff shall confer to discuss the requirements of this section. The purpose of the meeting is to obtain a mutual understanding of the application requirements and process. (B) Any application to rezone land to the EP designation, shall constitute an amendment to the zoning ordinance pursuant to Section 30-14. The written and graphic information submitted by the VRFA as part of the application process· shall constitute proffers pursuant to Section 30-15 of this ordinance. Once the preliminary master plan is approved by the Board of Supervisors, all accepted proffers shall constitute conditions pursuant to Section 30-15. (C) To initiate an amendment, the applicant shall complete a rezoning application packet. This information shall be accompanied by graphic and written information, which shall constitute a preliminary master plan. All information submitted shall be of sufficient clarity and scale to clearly and accurately identify the location, nature, and character of the proposed district. At a minimum this information shall include: 1. A legal description of the proposed site. This may be a metes and bounds description and plat, or a tabular summary of all tax parcels proposed for rezoning. If tax parcels are used, a composite plan shall be submitted, showing the limits of the proposed district, and the location of each parcel within the district. 2. Current information on the existing zoning and land use of each parcel proposed for the district. 3. If future additions to the district are envisioned, a concept plan showing their location shall be ~ubmitted. This concept plan shall show the relationship of these parcels to the proposed district, and their intended use, if known. 4. A description and analysis of existing site conditions, including information on topography, archeological and historic resources, natural water courses, floodplains, unique natural features, tree cover areas, etc. A general statement of planning objectives is to be included indicating how the development and use of the site will address the management and preservation of these features. 5. A generalized land use plan. This plan shall in schematic form show the proposed location of all major land use or activity areas. For each area designated, information shall be provided in written and/or graphic form that describes the nature and character of the improvements or activities proposed. This information shall be of sufficient detail to clearly portray the intended use and design objectives. 6. For planned activity areas devoted to office, retail, restaurant, lodging, education, conference, or other similar types of commercial activities, information shall be provided on the maximum intensity, size or number of such activities, their generalized location and operating characteristics, and a generalized phasing plan for their construction. The size and scale of all retail, restaurant 8/25/92 ~ J"" 600' ARTICLE III EP District and lodging facilities shall be limited to serve a support function to the larger pur oses of the 7. Generalized statements pertaining to architectural and community design guidelines shall be submitted in sufficient detail to provide information on building designs, orientations, styles, heights, lighting plans, treatment of outside storage areas etc. 8. The general arrangements envisioned for the management and control of uses and activities not directly owned by VRFA shall be included. This information shall address the general nature of such uses, and the nature of any control proposed to be exercised. 9. A description of vehicular transportation and circulation objectives. This information should include information on proposals and limitations on parking areas, and public, emergency, service, and construction access. General information on the proposed construction standards for these facilities should be included. The generalized location of all existing or proposed major roads within the district should be shown, and information concerning their specifications provided. All points of connection to existing state maintained roads should be designated along with the intended use of each access point. Where access to existing state maintained roads is proposed to be limited, design and operational characteristics intended to limit use should be described. 10. Information on expected vehicle trip generation shall be included. Trip information shall be presented by phase of construction, and type of trip, i.e., public, employee, service, etc. 11. Planning objectives for on-site pedestrian or bicycle circulation should be included, with a generalized location for external points of connection. Generalized time frames for the construction of such facilities, if any, should be included. 12. Statements of planning objectives and conceptual designs for perimeter areas of the district. If buffer yards are proposed at specific points, the design and location of these buffer areas shall be included. Specific activities for all buffer areas shall be included. I 13. I,nformation on all proposed plans for public utilities, including their conceptual design, location, and areas to be served. If public utilities are to be provided in phases, each phase should be indicated, with an envisioned time frame for its design and construction. 14. General information on employment levels within the district by phase, should be provided indicating the expected number and type of employees. 15. Information on any anticipated noise, odor, air pollution, water pollution, or other environmental impacts of the district, and a plan to address these impacts. (D) The completed rezoning application and supporting preliminary master plan materials shall be submitted to the Planning Commission for review and analysis. The Commission shall review this information and make a report of its findings to the Board of Supervisors. The Commission shall as part of its review hold a public hearing pursuant to section 15.1-431 of the Code of Virginia, as amended. The proposed district shall be posted with signs indicating the date and time of the Commission public hearing. (E) The Commission shall make a report of its findings to the Board of Supervisors within 90 days of the receipt of the materials, unless the VRFA requests, or agrees to an extension of this time frame. The . ~Çommission's report shall recommend approval, approval with modifications, or disapproval of the 1 . preliminary master plan for tlJe Park. Failure of the Commission to make a report of its findings to the Board of Supervisors within this period shall constitute a Commission recommendation of approval. 8/25/92 ~ I 1 ~ 601 ARTICLE III EP District (F) If the Commission recommends denial of the preliminary master plan, or approval with modification, the any modifications to the preliminary master plan, the Board of Supervisors' review and action shall be delayed until such changes are made and submitted for review. (G) The Board of Supervisors shall review the preliminary master plan, and act to approve or deny the plan within 90 days. Approval of the preliminary master pÎan shall constitute acceptance of the plan's provisions and concepts as proffers pursuant to Section 30-15 of this ordinance. The plan approved by the Board of Supervisors shall constitute the final master plan for the park. Once approved by the Board of Supervisors, the Administrator shall authorize the revisions to the official zoning map to indicate the establishment of the EP district. Sec.30-71-6 Revisions to Final Master Plan (A) Major revisions to the final master plan shall be reviewed and approved following the procedures and requirements of Section 30-71-5 above. Major revisions, as determined by the Administrator may include, but not be limited to changes such as: 1. Either (a) the addition of major new land uses or activities not planned at the time of the approval of the final master plan, or (b) the substantial relocation of uses or activities shown on the approved final master plan. 2. The acquisition of property by the VRFA, if such property is intended to be incorporated and used as part of the Park activities. 3. Any transportation or road alignment changes resulting in any change in the location of public access to the Park, or substantial changes in the location or number of service and employee access locations. Sec. 30-71-7 Approval of Preliminary and Final Site Development Plans (A) Following the approval of the final master plan, the VRFA or its authorized agent, shall be required to submit preliminary and final site development plans for approval. Final site development plans for any phase or component of the Park that involves the construction of structures or facilities, shall be approved prior to the issuance of a building and zoning permit, and the commencement of construction. Standards for preliminary and final site development plans are found in a document entitled Land Development Procedures, available in the Department of Engineering and Inspections. (B) Preliminary and final site development plans submitted for review shall be substantially in accord with the final master plan approved by the Board of Supervisors. Roanoke County shall review and approve or disapprove any Final Site Development Plan within 60 days of its submittal. Administrative review of these plans shall ensure compliance with the approved final master plan. Sec. 30-71-8 Failure to Begin Development (A) Failure of the VRFA to submit a preliminary site development plan for at least one portion of the park within 5 years of the approval of the final master plan, shall constitute an application on the part of VRFA to rezone the EP to the district designations in effect prior to the approval of the final master plan. SEC. 30-72 AO AIRPORT OVERLAY DISTRICT Sec. 30-72-1 Purpose 8/25/92 ~ II"'" 602. ARTICLE III AO District and objects of natural growth, in the vicinity of the Roanoke Regional Airport by creating certain airport overlay zones and to define the boundaries thereof. Sec. 30·72·2 Creation of Zones (A) There are hereby created and established within the County certain zones which include all of the land lying within Instrument Approach Zones, Nonjnstrument Approach Zones, Transition Zones, Horizontal Zone and Conical Zone, as such zones are hereinafter defined. These zones are shown on a map entitled, "Roanoke Regional Airport Zoning Map" consisting of one sheet, prepared by the Roanoke City Engineer's Office. This map, identified and authenticated by the signature of the Roanoke City Mayor, is hereby adopted and made a part of this ordinance by reference. The map shall be supplementary to the Official County Zoning Map, and a copy shall be kept on file in the County Department of Planning and Zoning. (8) Airport zones as shown on the Roanoke Regional Airport Zoning Map are hereby established and defined as follows: 1. Instrument Approach Zones. Instrument Approach Zones shall have a width of one thousand feet at a distance of two hundred feet beyond each end of the runway, widening thereafter uniformly to a width of sixteen thousand feet at a distance of fifty thousand two hundred feet beyond each end of the runway, its centerline being the continuation of the centerline of the runway. 2. Noninstrument Approach Zones. Noninstrument Approach Zones shall have a width of fIVe hundred feet at a distance of two hundred feet beyond each end of the runway, widening I thereafter uniformly to a width of two thousand five hundred feet at a distance of ten thousand two hundred feet beyond each end of the runway, its centerline being the continuation of the centerline of the runway. 3. Transition Zones. Transition Zones are symmetrically located on either side of runways. These zones have variable widths as shown on the Roanoke Regional Airport Zoning Map. Transition Zones extend outward from a line two hundred fifty feet on either side of the centerline of the noninstrument runway, for the length of such runway plus two hundred feet on each end; and fIVe hundred feet on either side of the centerline of the instrument runway, for the length of such runway plus two hundred feet on each end, and are parallel and level with such runway centerlines. The Transition Zones along such runways slope upward and outward one foot vertically for each seven feet horizontally to the point where they intersect the surface of the horizontal zone. Further, Transition Zones shall be adjacent to both instrument and noninstrument approach zones for the entire length of the approach zones. These Transition Zones have variable widths, as shown on the Roanoke Regional Airport Zoning Map. Such Transition Zones flare symmetrically with either side of the runway approach zones from the base of such zones and slope upward and outward at the rate of one foot vertically for each seven feet horizontally to the points where they intersect the surfaces of the horizontal and conical zones. Furthermore, Transition Zones shall be adjacent to the instrument approach zone where it projects through and beyond the limits of the conical zone, extending a distance of five thousand feet measured horizontally from the edge of the instrument approach zones at right angles to the continuation of the centerline of the runway. II 8/25/92 ~ I 1 ~ " '603 ARTICLE III AO District reference point and having a radius of seven thousand feet. The horizontal zone does not include the instrument and non instrument approach zones and the transition zones. 5. Conical Zone. Conical Zone shall be the area that commences at the periphery of the horizontal zone and extends outward therefrom a distance of five thousand feet. The conical zone does not include the instrument approach zones and transition zones. Sec. 30·72·3 Height Limitations (A) Except as may otherwise be provided in this Section, no structure or tree shall be erected, altered, allowed to grow or maintained in any zone created by this Section to a height in excess of the height limit herein established for such zone. Such height limitations are hereby established for each of the zones as follows: 1. Instrument Approach Zones. One foot in height for each fIfty feet in horizontal distance beginning at a point two hundred feet from and at the centerline elevation of the end of the instrument runway and extending to a distance of ten thousand two hundred feet from the end of the runway; thence one foot in height for each forty feet in horizontal distance to a point fifty thousand two hundred feet from the end of the runway. 2. Noninstrument Approach Zones. One foot in height for each forty feet in horizontal distance beginning at a point two hundred feet from and at the centerline elevation of the end of the non instrument runway and extending to a point ten thousand two hundred feet from the end of the runway. 3. Transition Zone. One foot in height for each seven feet in horizontal distance beginning at any point two hundred fifty feet normal to and at the elevation of the centerline of noninstrument runways, extending two hundred feet beyond each end thereof, and five hundred feet normal to and at the elevation of the centerline of the instrument runway, extending two hundred feet beyond each end thereof, extending to a height of one hundred fifty feet above the airport elevation which is one thousand one hundred seventy-fIVe feet above mean sea level; In addition to the foregoing, there shall be height limits of one foot vertical height for each seven feet horizontal distance measured from the edges of all approach zones for the entire length of the approach zones and extending upward and outward to the points where they intersect the horizontal or conical surfaces. Further, where the instrument approach zone projects through and beyond the conical zone, a height limit of one foot for each seven feet of horizontal distance shall be maintained beginning at the edge of the instrument approach zone and extending a distance of five thousand feet from the edge of the instrument approach zone measured normal to the centerline of the runway extended. 4. Horizontal Zone. One hundred fifty feet above the airport elevation or a height of one thousand one hundred seventy-five feet above mean sea level; 5. Conical Zone. One foot in height for each twenty feet of horizontal distance beginning at the periphery of the horizontal zone, extending to a height of four hundred feet above the airport elevation. (6) Where an area is covered by more than one height limitation, the more restrictive limitation shall prevail. 8/25/92 ~ II"'" 60 '+ c~ ARTICLE III AO District tree or structure to a height up to forty-five above the surface of the land. Sec.30-72-4 Use Restrictions (A) No use may be made of land within any zone established by this Section in such a manner as to create electrical interference with radio communication between the airport and aircraft, make it difficult for flyers to distinguish between airport lights and others, result in glare in the eyes of flyers using the airport, impair visibility in the vicinity of the airport or otherwise endanger the landing, taking off or maneuvering of aircraft. (B) The regulations prescribed by this Section shall not be construed to require the removal, lowering or other changes or alteration of any structure or tree not conforming to the regulations as of the effective date of this Section. Nothing herein contained shall require any change in the construction, alteration or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this ordinance, and is completed within one year, except as otherwise provided by this Section. (C) Notwithstanding the provisions contained in the immediately preceding subsection, the owner of any structure, tree, natural growth or use of which existed prior to the adoption of this Section and is inconsistent with or in violation of the provisions of this Section or an amendment thereto shall be required, as a condition of the continued maintenance of such structure, tree or use, to permit the city's installation, operation and maintenance thereon of such markers and lights as shall be deemed necessary by the Federal Aviation Agency or the city's airport manager so as to indicate the presence of such object or hazardous use to operators of aircraft in the vicinity of the airport. Such markers and lights shall be installed, operated and maintained at the expense of the city and not of such owner. (D) All of the provisions of this Section shall be considered by the Administrator when reviewing application for zoning permits. The applicant for a zoning permit shall include and submit adequate information and detail necessary to ensure that the limitations of this Section shall not be exceeded. I (E) Other than as provided in subsections immediately preceding, any variance authorized to the provisions of this Section shall be so conditioned as to require the owner of the structure or tree in question, as his own expense, to install, operate and maintain thereon such markers and lights as may be deemed necessary by the Board of Zoning Appeals, acting with the advice and recommendation of the Federal Aviation Agency or the airport manager. (F) Structures of public utilities shall be excluded from the requirements of the Section provided plans for such structures have first been reviewed and determined by the Federal Aviation Agency to have no adverse effect on air navigation as provided in part 77 of the Federal Aviation Agency's Regulations. SEC. 30-73 ECO EMERGENCY COMMUNICATIONS OVERLAY DISTRICT Sec. 30-73-1 Purpose (A) This overlay district is established for the general purpose of protecting the health, safety, and general welfare of the public by restricting the height of certain structures and objects of natural growth which lie within established fire, police and emergency services communication corridors. Such structures and objects can interfere with routine and emergency communications which are necessary to protect against the loss of life, health, or property. Sec. 30- 73-2 Cre~lon of Overlay II 8/25/92 ~ ARTICLE III ~ 665 '- ECO District designations as shown on the Official Zoning Map. As overlay regulations, this Section shall be supplemental to the underlying zoning district provisions. Sec. 30.73-3 Emergency Communication Zones. (A) Emergency Communication Zones are hereby established. These zones shall include all of the land lying beneath and within 100 feet to either side of the transmission paths of emergency communications from a microwave transmission system. These zones are shown on a map entitled 'Roanoke County Emergency Communications Zoning Map,' prepared under the direction of the Technical Services Officer for the Fire and Rescue Department. This map shall be kept as a supplement to the Official Zoning Map. Sec. 30-73-4 Height and Use Umltatlons ,(A) No structure shall be erected, altered, or maintained, and no tree shall be allowed to grow to a height which could obstruct the transmission of emergency communications. (B) No use may be made of any property which would create interference with the transmission of emergency communications. Sec. 30-73-5 Permits I (A) Any application for a building permit for construction on any property located within an Emergency Communication Zone shall be referred to the Technical Services Officer of the Fire and Rescue Department. (B) The applicant shall satisfy the Technical Services Officer that the proposed structure will comply with the height and use limitations of this section. Sec. 30.73-6 Appeals (A) Any decision of the Technical Services Officer with regards to the requirements of this Section shall be considered a decision of the Administrator, and may be appealed to the Board of Zoning Appeals pursuant to the provisions of this ordinance. SEC. 30-74 FO FLOODPLAIN OVERLAY DISTRICT Sec. 30-74-1 Purpose (A) The purpose of these floodplain provisions is to prevent the fOllowing hazards: 1. 2. 3. 4. I 5. 8/25/92 The loss of life and property; The creation of health and safety hazards; The disruption of commerce and governmental services; The extraordinary and unnecessary expenditure of public funds for flood protection and relief; and, The impairment of the tax base. ~ J"" 606 ARTICLE III FO District (5) TIItR>~ J,JrU".-slnrm õ1FÐ dc~lnnp.f1 JA accomplis" me al'lov"" pbll p' 'SQg i JY: ~ 1. Regulating uses, activities, and development which, acting alone or in combination with other existing or future uses, activities, and development, will cause unacceptable increases in flood heights, velocities, and frequencies; 2. Restricting or prohibiting certain uses, activities, and development from locating within areas subject to flooding; 3. Requiring all those uses, activities, and developments that do occur in flood-prone areas to be protected andlor flood proofed against flooding and flood damage; 4. Protecting individuals from buying lands and structures which are unsuited for intended purposes because of flood hazards. Sec. 30-74-2 Applicability and Administration (A) These provisions shall apply to all lands within the jurisdiction of Roanoke County and identified as being within a floodplain, as stipulated in this Section. (B) These provisions shall supersede any regulations currently in effect in floodplain areas. Where conflict exists between these provisions and those of any underlying Zoning District, the more restrictive provisions shall apply. (C) In the event any provision concerning a floodplain area is declared inapplicable as a result of any I legislative or administrative actions or judicial discretion, the basic underlying Zoning District provisions shall remain applicable. Sec. 30.74-3 Compliance (A) No land shall hereafter be developed and no structure shall be located, relocated, constructed, enlarged, or structurally altered except in full compliance with the terms and provisions of this Section and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this Section. Sec.30-74-4 Delineation of Areas (A) The various floodplain areas shall include areas subject to inundation by waters of the 100 year flood. The primary basis for the delineation of these areas shall be the Flood Insurance Study for Roanoke County prepared by the U.S. Department of Housing and Urban Development, Federal Insurance Administration, dated October 17, 1978. These areas are more specifically defined as follows: 1. The Floodwav is delineated for purposes of this Section using the criteria that a certain area within the floodplain must be capable of carrying the waters of the 100 year flood without increasing the water surface elevation of that flood more than one foot at any point. These Floodways are 'specifically defined in Table 2 of the above referenced Flood Insurance Study and shown on the Flood Boundary and Floodway Map accompanying that study. 2. The Flood-FrinQe shall be that area of the 100-year floodplain not included in the Floodway. The 1 basis for the outermost boundary of the Flood-Fringe shall be the 100 year flood elevations contained in the flood profiles of the above referenced Flood Insurance Study and as shown on the Flood 80undary and FloodWay Map accompanying the study. 8/25/92 ~ I I ~ 607 ARTICLE III FO District elevations are provided, but where the drainage area is greater than 100 acres. Such areas may be on the Flood Boundary and Floodway Map. Where the specific 1 DO-year flood elevation cannot be determined for this area using other sources of data such the U.S. Army Corps of Engineers, Floodplain Information Reports, U.S. Geological Survey Flood Prone Quadrangles, etc., then the applicant for the proposed use, development and/or activity shall determine this elevation in accordance with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Calculations for the design flood shall be related to existing land use and potential development under existing zoning. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough review by the County Engineer. Sec. 30-74-5 Creation of Overlay (A) The Floodplain Areas described above shall be an overlay to the existing underlying zoning districts as shown on the Official Zoning Map, and as such, the provisions for the floodplain areas shall serve as a supplement to the underlying zoning district provisions. (B) The boundaries of the floodplain areas are established as shown on the Flood Boundary and Floodway Map which is declared to be part of this chapter and which shall be kept on file in the office of the Administrator. Sec. 30-74-6 Floodplain Boundary Changes and Interpretation (A) The delineation of any of the floodplain areas may be revised by the Board of Supervisors where natural or man-made changes have occurred and/or made detailed studies conducted or undertaken by the U.S. Army Corps of Engineers or other qualified agency, or an individual documents the need for such change. However, prior to any such change, approval must be obtained from the Federal Insurance Administration. (B) Initial interpretations of the boundaries of the floodplain areas shall be made by the Administrator. Should a dispute arise concerning the boundaries of any of the floodplain areas, the Board of Zoning Appeals shall make the necessary determination. The person questioning or contesting the location of the floodplain area boundary shall be given an opportunity to present his case to the Board of Zoning Appeals and to submit technical evidence. Procedures for such appeals shall be as outlined in Section 30-24 of this ordinance. Sec. 30-74-7 Floodplain Area Provisions, Generally (A) All uses, activities, and development occurring within any floodplain area shall be undertaken only upon the issuance of a zoning permit. Such development shall be undertaken only in strict compliance with the provisions. of this Section and with all other applicable codes and ordinances such as the Virginia Uniform Statewide Building Code and the Roanoke County Subdivision Ordinance. Prior to the issuance of any such permit, the Administrator shall require all applications to include compliance with all applicable state and federal laws. (B) Under no circumstances shall any use, activity, and/or development adversely affect the capacity of the channels or floodways or any watercourse, drainage ditch, or any other drainage facility or system. Prior to any proposed alteration or relocation of any channels or floodways of any watercourse, stream, etc., within Roanok~ County, approval shall be obtained from the State Water Control Board. Further, 8/25/92 ~ "... 608- ARTICLE III FO District notification shall be forwarded to the State Water Control Board, the State Department of Intergovernmental Affairs, and the Federal Insurance Administration. (C) The lowest floor elevation of any new residential structure constructed within a floodplain area shall be at least two (2) feet above base flood elevation. The lowest floor elevation of any new non-residential structure constructed within a floodplain area shall be at least one (1) foot above base flood elevation, unless such structure is floodproofed. In addition, no existing structure shall be modified, expanded or enlarged unless the new construction complies with this standard. Sec.30-74-8 Floodway Development Regulations (A) In the Floodway no development shall be permitted except where the effect of such development on flood heights is fully offset by accompanying improvements which have been approved by all appropriate authorities as required above. (B) The placement of any manufactured home, except in an existing manufactured home park within the Floodway is specifically prohibited. (C) In the Floodway, the following uses types and activities are permitted provided that (1) they are in compliance with the provisions of the underlying Zoning District, (2) are not prohibited by any other ordinance and (3) no specific land use require any type of structure, fill, or storage of materials and equipment: 1. Agricultural I 2. Public Parks and Recreational Areas 3. Outdoor Sports and Recreation 4. Golf Courses 5. Accessory residential uses such as yard areas, gardens, play areas, and loading areas. 6. Accessory industrial and commercial uses such as yard areas, parking and loading areas, airport landing strips, etc. (D) The following uses and activities may be permitted by Special Use pursuant to Section 30-19 of this ordinance provided that they are in compliance with the provisions of the underlying Z;oning District and are not prohibited by this or any other ordinance: 1. Structures (except for manufactured homes) accessory to the uses and activities Bv Riaht. above. 2. Certain utilities and public facilities and improvements such as pipe lines, water and sewage treatment plants, and other similar or related uses. 3. Water-related uses and activities such as marinas, docks, wharves, piers, etc. 4. Extraction of sand, gravel, and other materials (where no increase in level of flooding or velocity 1 is caused thereby). 8/25/92 l ~ 60.9', ARTICLE III FO District and are not subject to major damage by flooding, or provided that such material and equipment is firmly anchored to prevent flotation or movement, and/or can be readily removed from the area within the time available after flood warning. 6. Other similar uses and activities provided they cause no increase in flood heights and/or velocities. All uses, activities, and structural development, shall be undertaken in strict compliance with the flood-proofing provisions contained in all other applicable codes and ordinances. Sec. 30-74-9 Flood-Fringe and Approximated Floodplain Development Regulations (A) In the Flood-Fringe and Approximated Floodplain the development and/or use of land shall be permitted in accordance with the regulations of the undertying Zoning District provided that all such uses, activities, and/or development shall be undertaken in strict compliance with the flood proofing and related provisions contained in the Virginia Uniform Statewide Building Code and all other applicable codes and ordinances. However, in Approximated Floodplain areas the applicant and/or developer shall evaluate the effects of the proposed development and/or use of land on the floodplain with current hydrologic and hydraulic engineering techniques. The applicant and/or developer shall submit studies, analysis, computations, etc. to show the delineation of a froodway based on the requirement that all existing and future development not increase the 1 DO-year flood elevation more than one (1) foot at any point. The engineering principle, equal reduction of conveyance, shall be used to make the determination of increased flood height. I Sec.30-74-10 Procedures lor Special Uses In Floodwaya (A) Any use listed as permitted with a Special Use in a Floodway shall be allowed only after application to the County Board of Supervisors. All such applications shall be reviewed pursuant to the procedures outlined in Section 30-19 of this ordinance. In addition to information required by Section 30-19, all such application shall include the following: 1. Plans in triplicate drawn to scale not less than 1" to 100' horizontally showing the location, dimensions, and contours (at 5 foot intervals) of the lot, existing and proposed structures, fill, storage areas, water supply, sanitary facilities, and relationship of the floodway to the proposal. 2. A typical valley cross-section as necessary to adequately show the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, and 100-year flood elevation. 3. A profile showing the slope of the bottom of the channel or flow line of the stream. 4. A summary report, prepared by professional engineers or others of demonstrated qualifications, evaluating the proposed project in relation to flood heights and velocities; the seriousness of flood damage to the use; and other pertinent technical matters. 5. A list of names a.nd addresses of adjoining property owners. I (B) In acting upon such applications, the Planning Commission and the County Board of Supervisors shall consider all relevant factors specified in other sections of this ordinance and: 8/25/92 ..... J"" 61° ARTICLE III FO District encroachments. No special use shall be granted for any proposed use, development, or activity within the Floodway that will cause any increase in flood levels during the 100 year flood. 2. The danger that materials may be swept on to other lands or downstream to the injury of others. 3. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions. 4. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners. 5. The importance of the services provided by the proposed facility to the County. 6. The requirements of the facility for a waterfront location. 7. The availability of alternative locations not subject to flooding for the proposed use. 8. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. ' 9. The relationship of the proposed use to the Comprehensive Plan and floodplain management program for the county. 10. The safety of access to the property in times of flood for ordinary and emergency vehicles. 11. Such other factors which are relevant to the purpose of this Section. Sec. 30·74·11 Variances (A) The Board of Zoning Appeals may consider variances to the requirements of this Section, under the following guidelines and conditions: 1. Variances may not be considered within any Floodway if any increase in flood levels during the 100 year flood would result. 2. Variance requests may be granted for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or a State Inventory of Historic Piaces without regard to the procedures set forth in this Section. , 3. Variances may be considered for new construction and substantial improvements to be erected on a lot contiguous and surrounded by lots with existing structures constructed below the 100 year flood level using the guidelines set forth in Section 30-74-10 (B) above. (B) The Board of Zoning Appeals may refer any application and accompanying documentation pertaining to any request for a variance to any engineer or other qualified person or agency for technical assistance in evaluating the proposed project in relation to flood heights and velocities, and the adequacy of the plans for protection and other related matters. Variances shall only be issued after the Board of Zoning Appeals has determined that the granting of such will not result in: 1. Unacceptable or prohibited increases in flood heights; 8/25/92 ~ I 1 ~ I 1 ¡ , ~ 611 ARTICLE III FO District , Af'trtlìIOnElIl Thr-A_lI IR pllhllC ~. 3. Extraordinary public expense; 4. Creation of nuisances; 5. Fraud or victimization of the public; or, 6. Conflict with local laws or ordinances. Variances shall only be issued after the Board of Zoning Appeals has determined that the variance will be the minimum relief to any hardship. (C) The Board of Zoning Appeals shall notify the applicant for a variance, in writing, that the issuance of a variance to construct a structure below the 100 year flood elevation (a) increases the risks to life and property, and (b) will result in increased premium rates for flood insurance. A record of the above notification as well as all variance actions, including justification for their issuance, shall be maintained and any variances which are issued shall be noted in the annual report submitted to the Federal Insurance Administration. Sec.30-74-12 Existing Structures In Floodplain Areas (A) A structure or use of a structure or premises which lawfully existing before the enactment of these provisions, but which is not in conformity with these provisions may be continued subject to the following conditions: 1. Existing structures and/or uses located in the Floodway shall not be expanded or enlarged (unless the effect of the proposed expansion or enlargement on flood heights is fully offset by accompanying improvements). 2. Any modification, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use located in any floodplain area to an extent or amount of 50 percent or more of its market value, shall be undertaken only in full compliance with the Virginia Uniform Statewide Building Code. Sec. 30.74-13 Liability (A) The degree of flood protection sought by the provisions of this Section is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This Section does not imply that areas outside floodplain areas, or that land uses permitted within such areas, will be free from flooding or flood damages. (B) This ordinance shall not create liability on the part of Roanoke County or any officers or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder. SEC. 30-74 ... 30-79 (RESERVED) 8/25/92 ...4 "... 612 ARTICLE IV Use Standards-Ago AATIClllv U~~ AND DESIGN STI.ND,ums t- SEC. 30-80 USE AND DESIGN STANDARDS (A) The standards contained in the district regulations in Article 11\ shall apply to all of the following use types, unless specifically modified and/or superseded by the use and design standards below. (B) The standards listed as general standards shall apply in all districts in which the use type is permitted by right or permitted subject to approval of a special use permit, as indicated in Article III, District Regulations. (C) Where a specific zoning district is indicated, the standards listed below shall apply to that zoning district, in addition to any general standards listed for that use. SEC. 30-81 AGRICULTURAL AND FORESTRY USES Sec. 30-81-1 Agriculture (A) In the AR and A V districts, the keeping of swine for commercial purposes shall be prohibited. Sec. 30-81-2 Commercial Feedlots (A) General standards: 1. Containment areas for animals shall be located 500 feet from any property line, regardless of I ownership, or any public right-of-way. 2. Any commercial feedlot proposed shall prepare and follow a management plan for responsible and environmentally safe management of all animal wastes. Such plan shall be approved by the Virginia Water Control Board. 3. Commercial feedlots shall be laid out and established consistent with the design recommendations and standards set forth in the most recent issue of Best Management Practices Handbook of the Virginia Water Control Board. Sec. 30-81-3 Farm Employee Housing (A) General standards: 1. A single-family dwelling, Class A Manufactured Home or Accessory Manufactured Home, shall be permitted as an accessory use to an agricultural use exclusively for a farm employee, and his/her family. Class A and Accessory Manufactured Homes shall meet the requirements contained elsewhere in this Article. 2. No more than one farm employee dwelling· for every 25 acres of land, or portion thereof, in the agricultural use shall be permitted. 3. Multi-family housing may be constructed for orchards and other agricultural uses which rely on temporary seasonal employees. Such housing shall only be used for accommodating temporary 1 seasonal employees during periods of their employment as a farm employee of the orchard or other agricultural use. 8/25/92 ~ .., 613 ARTICLE IV Use Standards-Ago 4. All farm employee housing shall comply with the setback requirements for a principal structure. Sec. 30-81-4 Forestry Operations (A) General standards: 1. All forestry operations shall comply with all local Erosion and Sediment Control requirements. 2. The following restrictions shall apply to the establishment and operation of a temporary sawmill: a A temporary sawmill shall only be establishE¡!d to process timber cut from the parcel on which the temporary sawmill is located or on immediately adjacent parcels. b. A special use permit shall be required from the Board of Supervisors, in accordance with Section 30-19, for periods in excess of 6 months. c. A temporary sawmill shall be located at least 200 feet from any residence located on an adjoining property. . d. No processing, milling, finishing or artificial means of drying green lumber shall be associated with a temporary sawmill. e. Green lumber and all other products and by-products from the temporary sawmill shall be removed from the site at least every 60 days. I 1. Buildings associated with a temporary sawmill shall be limited to shelter for the sawmill equipment and essential shelter for personnel. No building shall be erected for the storage, processing or drying of green lumber. Sec. 30-81-5 Stables, Private (A) Private stables in AR, A V, and R-1 districts shall comply with the following requirements: 1. Minimum lot size: 2 acres. 2. On lots of less than five acres, no more than one stable animal per acre shall be permitted. 3. Stables and corrals shall comply with all the setback requirements for accessory buildings. 4. Stables shall properly manage animal waste so as to not create a nuisance or health hazard to adjoining or nearby property owners. Sec. 30-81-6 Stable, Commercial (A) General standards: 1. 2. I 3. 8/25/92 Minimum lot size: 5 acres. Minimum setback for stables and riding arenas: 50 feet from all property lines. Accessory tack shops not exceeding 1,000 square feet are permitted in conjunction with commercial stables. ~ J"" 6~4 ARTICLE IV Use Standards-Ago 4. Commercial stables shall prepare and follow a management plan for responsible and Virginia Water Control Board. Animal waste shall not create a nuisance or health hazard to adjoining property owners. Sec. 30-81-7 Wayside Stands (A) General standards: 1. Front yard setback: 35 feet from any public right-of-way. 2. At least 50 percent of the goods and/or merchandise shall be produced on the site of the stand, on adjoining contiguous property or on other properties owned or leased by the owner of the site on which the wayside stand is located. ' 3. Entrances and éxits to roads shall be clearly delineated, shall be so located as to provide safe ingress and egress from roads, and shall be approved by the Virginia Department of Transportation. SEC. 30-82 RESIDENTIAL USES Sec. 30-82-1 Accessory Apartments (A) Intent - Accessory apartments afford an opportunity for the development of small rental units designed to meet the special housing needs of single persons, persons with fixed or limited income, and relatives I 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 irT)proved safety and physical appearance. (B) General standards: 1. An accessory apartment shall only be considered as an accessory use to a detached single family residence and no accessory apartment shall be located in any structure other than the principal structure on the lot, except as otherwise permitted in subsection (C) below. 2. Maximum floor area: 25 percent of the finished floor area of the single family dwelling located on the same lot or 30 percent where the accessory apartment is designed and constructed to be accessible to disabled persons in conformance with the standards of the National Americans with Disabilities Act. 3. Only one accessory apartment shall be allowed on anyone lot or parcel, and the owner of the property shall reside on the premises. 4. Exterior entrances to the apartment shall be allowed on the side or rear of the structure. No new front entrances shall be permitted. 5. Minimum floor area of the apartment: 300 square feet. 6. One parking space shall be required in addition to required parking for the principal dwelling. 1 8/25/92 ~ I I ~ 615 ARTICLE IV Use Standards-Res. 7. Health Department approval of sewage disposal shall be submitted prior to issuance of a building (C) Additional standards in the AG-3 and AG-1 districts: 1. An accessory apartment may be permitted 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 setback requirements for a principal building. (D) General Standards in the C-1 district, independent of the General standards above: 1. The accessory apartment shall be allowed only in the same structure as, and in conjunction with, an associated civic, office or commercial use type. 2. The civic, office or commercial use type must occupy at least 50 percent of the gross floor area of the structure. Sec. 30-82-2 Home Beauty/Barber Salon (A) Intent - Under certain unique circumstances a small-scaled beauty and/or barber shops may be an appropriate use within a residential dwelling. The standards and procedure for establishing such uses are intended to limit the scope and nature of such uses and insure capability with the adjoining properties. (B) In the AR district and in all Residential Districts the following standards shall apply, in addition to obtaining a special use permit from the Board of Supervisors pursuant to Section 30-19: 1. The applicant shall submit documentation that an infirmity exists which prevents either the salon operator or a permanent occupant of the dwelling unit from regularly leaving the dwelling to pursue gainful employment. 2. The salon shall be limited to one chair only. 3. The retail sale of beauty and barber supplies shall be prohibited. 4. The special use permit shall be granted for a period of one year and may be renewed administratively for successive one year periods provided the Administrator has not received written complaints from adjoining residents. (C) In the A V, C-1 and C-2 districts a home beauty/barber salon shall be limited to no more than two chairs. Sec. 3o-a2-3 Home Occupations, Type I and Type II (A) Intent - These provisions are adopted in recognition that certain small-scaled commercial activities may be appropriate accessory uses within residential dwellings. The character and scale of such commercial activities must be subordinate and incidental to the principal use of the premises for dwelling purposes, and must be consistent with the predominant residential character of the property and/or surrounding neighborhood. In addition, these provisions are intended to limit the size of such home occupations so as to not create an unfair competitive advantage over businesses located in commercially zoned areas. 8/25/92 ~ J"" 616 ARTICLE IV Use Standards-Res. (B) General standards: 1. More than one home occupation may be permitted provided the total floor area used for all home occupations do not exceed the applicable Type I or Type II standard. 2. No dwelling or structure shall be altered, occupied or used in a manner which would cause the premises to differ from a character consistent with a residential use. The use of colors, materials, construction, lighting, or other means inconsistent with a residential use shall be prohibited. 3. There shall be no outside storage of goods, products, equipment, or other materials 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. 4. There shall be no sale of goods or products not produced on the premises. 5. The type and volume of traffic generated by a home occupation shall be consistent with the traffic generation characteristics of other dwellings in the area. In addition, the lot or property on which the home occupation is conducted shall not have any parking spaces added to it during the time the home occupation is being conducted, nor shall any parking space be used that was not customarily or regularly used prior to that time. 6. The home occupation shall not involve the commercial delivery of materials or products to or from the premises. 7. The home occupation shall not increase demand on water, sewer, or garbage collection services to the extent that the combined demand for the dwelling and home occupation is significantly I more than is normal to the use of the property for residential purposes. 8. No equipment or process shall be used in a home occupation which creates noise in excess of 6OdB(A) measured at the property line, or vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the premises or through common walls. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or through common walls. 9. No activity in conjunction with a home occupation shall be conducted before 7:00 a.m. or after 10:00 p.m. that adversely impacts or disturbs adjoining property owners. (C) Additional standards for all Type I home occupations: 1. The maximum floor area permitted for a home occupation shall be 10 percent of the finished floor area of the dwelling unit. Storage of goods or products shall not exceed 5 percent of the finished floor area. 2. Home occupations shall be confined to the primary dwelling. To conduct a home occupation in an accessory building, a special use permit shall be obtained from the Board of Supervisors pursuant to Section 30-19. 3. No one other than permanent residents of the dwelling shall be engaged or employed in such occupation. 4. There shall be no display or storage of goods or prpducts visible from the public right-of-way or I adjacent propèrtY. 8/25/92 ..... I I ~ 611 ARTICLE IV Use Standards-Res. 5. The sale of goods or products produced on the premises, or providin services which involve the one week period. Baby sitting for 5 or less children shall be permitted. 6. lessons in the applied arts shall be permitted, provided the class size for any lesson does not exceed 5 students at anyone time and shall not exceed 10 students in anyone week period. 7. No sign may be placed on the property advertising the home occupation. 8. No advertising through local media, including telephone books, and flyers shall call attention to the residential address of the home occupation. (D) Addition standards for all Type II home occupations: 1. The maximum floor area permitted for a home occupation shall be 25 percent of the finished floor area of the dwelling unit. Storage of goods or products shall not exceed 10 percent of the finished floor area 2. One person who is not a permanent resident of the dwelling may be engaged or employed in the home occupation. 3. An accessory building or structure may be used with the home occupation, provided that the total floor area devoted to the home occupation in the accessory structure and dwelling unit does not exceed 25 percent of the finished floor area of the dwelling unit. 4. lessons in the applied arts shall be permitted, provided the class size for any lesson does not exceed 5 students at anyone time and shall not exceed 10 students in anyone week period. 5. ' One non-illuminated sign, a maximum of 2 square feet in area, shall be permitted per dwelling, regardless of the number of home occupations within the dwelling. Any sign must conform with the provisions of Section 30-93 of the Zoning Ordinance. Sec. 30-82-4 Kennel, Private (A) General standards: 1. Minimum lot size: 1 acre. 2. A private kennel shall be permitted only when accessory to a single family dwelling. 3. Exterior runs, pens and other confined areas designed to house 4 or more animals shall be set back at least 25 feet from any property line. For the purposes of this section, perimeter fencing of a yard shall not be considered a confined area. Sec. 30-82-5 Manufactured Homes, Accessory (A) Intent - These regulations are adopted in recognition that certain families would benefit from living arrangements that allowed family members to reside in close proximity to each other but in separate dwelling units on the same lot. Also recognized in these provisions is the need for affordable housing alternatives for farm employees on bona-fide farm operations. (B) General standards: 8/25/92 ~ J"" 618 ARTICLE IV Use Standards-Res. 1. ~::'::::.~~~~ .::: :~~. ~~:'::~Ð:"::~'":.':"~ :.~~~:. dwellk1g. This ~ 2. The accessory manufactured home shall only be occupied by: a. A person or persons immediately related to the person or family in the principal dwelling. For the purposes of this Section, immediately related shall be any person or persons who are natural or legally defined offspring, parent, or grandparent of the owner of the principal dwelling; OR, b. A farm employee and his/her family in accordance with the provisions for farm employee housing contained elsewhere in this Article. 3. No accessory manufactured home shall be allowed within any Planned Residential Subdivision, as defined in Article II of this Ordinance. 4. The accessory manufactured home and the principal dwelling shall be located on the same lot of record. The lot of record must have an area of at least 1 acre. 5. The accessory manufactured home must be located behind the building line of the principal dwelling and shall meet the minimum side and rear yard setback requirements for principal structures in the district in which it is located. 6. The accessory manufactured home shall be anchored and stabilized in accordance with the provisions of the Virginia Uniform Statewide Building Code. Once installed, it must be completely skirted with a non-reflective material. I (C) Special Application Procedures: 1. Persons interested in obtaining a permit to install an accessory manufactured home shall make application to the Administrator, who shall have the authority to review and decide upon all applications. 2. In considering any application for an accessory manufactured home the Administrator shall visit the proposed site to view the proposed location and the character of the surrounding area In making a determination to issue or deny any application the Administrator shall consider all of the following factors: a. The purposes of the zoning ordinance outlined in Section 30-3. b. The effect of the proposed accessory manufactured home on the conservation of surrounding properties and their values, and its effect on the existing use and character of the property. c. The general land use compatibility of the accessory manufactured home in relation to surrounding properties. 3. If the Administrator determines that the proposal does not conform to any of the location, use or design standards contained in the above, the Administrator shall deny the application and notify the applicant in writing. Any such denial may be appealed to the Board of Zoning Appeals. 4. If the Administrator determines that the proposal conforms to the provisions of this Section, the Administrator shall mail a first class letter to all adjacent property owners notifying each owner of II 8/25/92 ~ I ~ 619 ARTICLE IV Use Standards-Res. the County's intent to issue a permit for the accessory manufactured home. All arties shall be If an objection is filed, it shall be considered an appeal of the decision of the Administrator, and shall be considered by the Board of Zoning Appeals. The person filing the appeal shall be responsible for all required application and legal ad costs. 5. If no interested party objects within fifteen days of the date of the notice to the adjacent property owners, the administrator may approve the accessory manufactured home permit. Sec. 30..82-6 Manufactured Home, Class A (A) Intent - Manufactured homes provide a viable and affordable housing option for a segment of the County's population. This housing option is provided under certain design criteria in large portions of the County where they will not conflict with developments planned for site built dwellings. (B) General standards: 1. The location of a Class A manufactured home in a planned residential subdivision, as defined in Article II of this ordinance, shall be prohibited. 2. 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. 3. The manufactured home shall have a minimum width of 23 feet. 4. The manufactured home shall be covered with a non-reflective material customarily used on a site- built dwelling, such as but not limited to lap siding, plywood, brick, stone, or stucco. 5. The manufactured home shall have a 2.5' in 12" minimum pitch roof. The roof shall be covered with non-reflective materials, such as but not limited to, fiberglass shingles, asphalt shingles, or wood shakes. 6. 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. 7. The manufactured home shall be declared a permanently-affixed dwelling and taxed as real estate. Sec. 30-82-7 Manufactured Home, Class C (A) Intent - The County recognizes that the Manufactured Home Construction and Safety Standards, established by the U.S. Department of Housing and Urban Development are quality standards that assure a safe and decent unit for living purposes. Prior to July 1, 1976 no equivalent standards existed and therefore pose a potential risk to human life. (B) General standards: 1. I 2. 8/25/92 No new Class C manufactured homes shall be erected, installed, occupied or sold in Roanoke County. Class C manufactured homes existing in the County prior to March 25, 1986, shall be allowed to be relocated and/or remain in a mobile home park. ~ II"'" 620' ARTICLE IV Use Standards-Res. 3. All Class C manufactured homes located outside a mobile home ark shall be allowed to remain " Sec. 30-82-8 Manufactured Home, Emergency (A) Intent - These regulations are adopted in recognition that temporary emergency housing options may be necessitated by fire, flood, or other unforeseen and sudden acts of nature. (B) General standards: 1. The Administrator may authorize the emergency use' of a manufactured home on a lot if the Building Commissioner certifies that the permanent dwelling on the lot has been lost or destroyed by a fire, flood, or other unforseen and sudden act of nature, and as a result is uninhabitable. 2. Only one emergency manufactured home shall be permitted on any lot of record. It shall be located on the same lot as the destroyed dwelling, and must be occupied only by the person, persons, or family, whose dwelling was destroyed. 3. The emergency manufactured home shall meet all setback and yard requirements for the district in which it is located. It shall be anchored and stabilized in accordance with the provisions of the Virginia Uniform Statewide Building Code. 4. The emergency manufactured home must be removed as soon as reconstruction or replacement of the uninhabitable dwelling is complete, or within a 12 month period of its placement on the site, whichever is sooner. A one time extension of up to 6 additional months may be granted by the Administrator if substantial reconstruction of the destroyed dwelling has occurred, and work has, and is continuing to progress. A final certificate of zoning compliance for the reconstructed dwelling shall not be issued until the emergency manufactured home is removed from the site. I (C) Federal Disasters - Where the President of the United States has declared a Federal Disaster, the Administrator, upon consent of the County Administrator, may authorize the placement of temporary manufactured homes supplied by the Federal Emergency Management Agency (FEMA) to disaster victims who lost their homes. In such cases, all zoning and building code requirements shall be waived in favor of FEMA standards. The period for temporary placement of manufactured homes shall be 12 months, unless FEMA authorizes an extension for an additional 12 months. Sec. 30·82·9 Manufactured Home Park (A) General standards: 1. Minimum tract size for any new or expanding park: 5 contiguous acres. 2. Minimum frontage for any new or expanding park: 50 feet on a publicly owned and maintained street. 3. Maximum density for any new or expanding park served by a public water and sewer system: 7 dwelling units per gross acre. Lower densities may be required if the park is not served by public water and sewer. 4. In a Manufactured Home Park the type of Manufactured Home permitted shall be Class B Manufactured Homes or Class C Manufactured Homes consistent with Section 30-82-7. II 8/25/92 ~ I I ~ 62 1 ARTICLE IV Use Standards-Res. 5. A Type C buffer yard, as defined in Section 30-92 of this ordinance shall be installed alon the shall be located within any portion of a required buffer yard. (B) Minimum lot requirements: 1. Minimum area for each lot: 4,000 square feet, which shall be clearly marked on the ground by permanent flush stakes. 2. Minimum width for each lot: 40 feet. (C) Minimum setback requirements: 1. Front yard, from any interior driveway or street: 20 feet. 2. Front yard, from any perimeter driveway or street: 30 feet. 3. From side of lot: 5 feet. 4. From rear of lot: 10 feet. 5. From any other manufactured home: 26 feet. 6. Accessory buildings: Behind front face of manufactured home based on the front yard; AND, 3 feet from any boundary of lot. (D) Additional lot improvements: 1. Each manufactured home lot shall have, a pad constructed for the placement of a manufactured home in full compliance with the area, lot" and setback requirements of this Section~ 2. All manufactured homes shall be anchored to the pad in accordance with the provisions of the Virginia Uniform Statewide Building Code. 3. Each manufactured home shall be skirted with a durable material. (E) Outdoor Living Areas and Storage Facilities: 1. A private outdoor living and service area shall be provided. These outdoor areas shall meet the following: a. Contain at least 300 square feet; b. Contain a hard surface patio of at least 100 square feet, unless the lot exceeds 6,000 square feet; and, c. Assure reasonable privacy and visual appeal through the use of walls, fences, and/or plantings around the perimeter of this area. 2. Each manufactured home lot shall be provided with a minimum of 300 cubic feet of storage area. This shall be accomplished by one of the following: 8/25/92 ~ II"'" 622 ARTICLE IV Use Standards-Res. a. Common storage areas available within the park; OR, b. Within an accessory structure installed by the park owner or management, or required of the occupant· of the lot by the park owner or management. (F) Recreation Areas: 1. Minimum usable space for recreational areas: 8 percent of the gross area of the manufactured home park. 2. Criteria for all recreational areas: a Minimum countable space: 5,000 contiguous square feet. b. Minimum horizontal dimension: 50 feet, except that areas with a horizontal distance of not less than 20 feet shall be counted as open space provided such areas contain facilities such as, but not limited to, bikeways, exercise trails, tot lots, gazebos, picnic tables, etc. c. Space shall not include manufactured home lots, buffer yards, street right-of-ways, open parking areas, or driveways. d. Recreational areas shall include passive and active facilities and be of an appropriate nature and location to serve the residents of the park. This may include facilities such as recreation centers, swimming pools, tennis and basketball courts and similar facilities. 3. Maintenance of the designated recreation areas shall be the responsibility of the park management. I (G) Management Office, Service and Community Facilities: 1. An office area, devoted solely to the management of the park shall be allowed within the manufactured home park. 2. Retail convenience sales. located and designed to serve the daily needs of only the park residents are allowed within a manufactured home park provided: a. Such sales must be located within the same building as the management office, and must not exceed 50 percent of the total gross floor area of the building. b. No business signs associated with these sales are displayed on the exterior of the building, or are otherwise displayed to be visible from any public right-of-way. No other forms of advertising shall be used that are intended to market the convenience sales to non-park residents. 3. Service facilities such as laundries, and owner provided storage areas may be provided within the park to serve primarily the needs of the residents. These facilities may be combined in the same building as the park's management office, or may be located in other areas of the park. (H) Streets and Walkways: 1. Private streets shall be allowed within a manufactured home park provided the surfacing materials II and design comply with all applicable County standards for such streets, or to VDOT secondary road standards, whichever are more restrictive. 8/25/92 ~ ~ 623 ARTICLE IV Use Standards-Res. 2. The private street system shall provide convenient circulation by means of minor streets (serving home lots). Street widths shall be as follows: a Collector streets with parking on both sides: 36 feet wide. b. Collector streets with no parking: 30 feet wide. c. Minor streets with parking on one side: 28 feet wide. d. Minor streets with no parking: 20 feet wide. e. One-way minor streets with no parking: minimum of 11 feet wide. 3. Cul-de-sacs on private streets shall have a minimum diameter of 80 feet. 4. The maximum gradient shall be 12 percent for private collector streets, and 16 percent for private minor streets. 5. 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 feet. (I) Parking: I 1. Each manufactured home lot shall have the equivalent of two parking spaces. At least one of these spaces shall be provided on the manufactured home lot, unless the lot is accessed, by a pathway as provided in Section 30-82-9 (H). 2. All other parking spaces shall be: a Provided within 150 feet of the manUtactured home to be served; b. Located within a common parking area; AND, c. Designed and constructed to meet County standards. 3. Parking spaces shall be provided for the management office, and other community facilities to serve the convenience and needs of the residents. 4. Additional parking spaces, not required by this Section may be provided along certain private streets where adequate width is provided, as specified above. 1. 2. I 3. 8/25/92 (J) Utilities: All new utility lines within the park shall be placed underground. If public water is not available to serve the park, a community water system, meeting the County's water standards, shall be provided. Individual water meters shall be provided to each manufactured home lot. If septic systems are used, the drain field shall be located within the perimeter of the park. ~ II"'" 624 ARTICLE IV Use Standards-Res. (I<)' Refuse Disposal: 1. Refuse disposal shall be the responsibility of park management. Common refuse areas shall be provided throughout the park. All refuse areas shall be screened with a solid, durable material meeting the requirements of this ordinance. Sec. 30-82-10 Manufactured Housing Subdivision (A) General standards: 1. Minimum tract size: 5 acres 2. Use limitations: Areas designated on the approved preliminary plan as a manufactured housing subdivision shall be limited to class A or B manufactured home dwellings and single family dwellings. Where a combination of manufactured homes and single family dwellings are proposed, at least sixty percent (60%) of the lots shall be reserved exclusively for class A or B manufactured homes. 3. All lots shall front on a local public street; direct access to a major collector or arterial street outside the subdivision (as determined by the Roanoke County Transportation Plan), shall not be permitted. 4. Plat designation: Plats recorded for a manufactured housing subdivision shall contain the following statement, "This is a manufactured housing subdivision" and shall indicate which lots are reserved exclusively for class A or B manufactured homes. 5. Manufactured home installation: 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. Unless permanently attached to a foundation, the manufactured home shall also be completely skirted with a durable non-reflective material. I 6. Storage space: A storage area enclosed on all sides, with at least 300 cubic feet and designed to store yard equipment and supplies shall be provided. The storage area may be attached or detached from the principal structure. (B) Additional standards for conventional subdivisions: 1. The area, frontage, and yard requirements of the R-MH District shall comply with the requirements for the underlying zoning district. Sec. 30-82-11 Multi-family Dwelling (A) Intent - The following minimum standards are intended to accommodate multi-family dwellings, ensuring adequate separation and other design characteristics to create a safe and healthy residential environment while protecting adjoining uses which are less intensive. (B) General standards: 1. Minimum front yard setback: 30 feet from any street right-of-way for all structures. 3. Minimum rear yard setback: 25 feet for principal structures. I 2. Minimum side yard setback: 20 feet for principal structures. 8/25/92 ~ I I ~ 625 .' ARTICLE IV Use Standards-Res. 4. Additional setbacks in the form of a buffer yard shall be required in accordance with Section 30-92 5. Each multi-family building shall be separated by 40 feet between facing living areas. This separation may be reduced to 20 feet when both multi-family buildings contain windowless walls. 6. Where buildings are placed at right angles (90 degrees) to one another and both interior walls are windowless, the minimum separation of buildings shall be 20 feet. 7. Standards for open space and recreational areas required below: a.' Shall be in addition to any buffer yard required under Section 30-92 of this ordinance; b. Shall be in addition to and not be located in any required front, side or rear yard setback; c. Shall have a horizontal dimension of at least 50 feet, except that areas with a horizontal distance of not less than 20 feet shall be counted as open space provided such areas contain facilities such as, but not limited to, bikeways, exercise trails, tot lots, gazebos, picnic tables, etc.; d. Shall not include proposed street right-of-ways, open parking areas, driveways, or sites reselVed for other specific uses; and, e. Shall be of an appropriate nature and location to selVe the residents of the multi-family development. (C) Additional standards in the AV district: 1. Minimum lot size: 20,000 square feet for the first dwelling unit, plus 5,000 square feet for each additional unit. 2. When adjoining a lot containing a single family dwelling, a Type C buffer yard as described in Section 30-92 shall be provided. (D) Additional standards in the R-3 district: 1. Minimum lot size: 7,200 square feet for the first dwelling un~, plus 3,630 square, feet for each additional unit. 2. Maximum density: 12 dwelling units per acre. 3. The property shall be selVed by public sewer and water. 4. Common open space and recreational areas required: 5 percent of the total lot area for parcels of 2 to 5 acres, and 10 percent for parcels over ,5 acres. No open space is required for parcels under 2 acres. (E) Additional standards in the R-4 district: 1. Minimum lot size: 7,200 square feet for the first dwelling unit, plus 1,815 square feet for each additional unit. 2. Maximum density: 24 Qw~g units per acre. 8/25/92 ~ II"'" 6 2. 6 c~ ARTICLE IV Use Standards-Res. 3. The property shall be served by public sewer and water. 4. Common open space and recreational areas required: 5 percent of the total lot area for parcels of 2 to 5 acres, and 10 percent for parcels over 5 acres. No open space is required for parcels under 2 acres. (F) General Standards in the C-1 district, independent of the General standards above: 1. The multi-family use shall be allowed only in the same structure as, and in conjunction with, an associated civic, office or commercial use type. 2. The civic, office or commercial use type must occupy at least 50 percent ,of the gross floor area of the structure.' Sec.30-82·12 Single Family, Detached (Zero Lot Line Option) (A) Intent - The following zero lot line provisions are intended to offer greater flexibility in providing a variety of housing options to meet the changing demands and needs of the public, while providing standards which afford a reasonable degree of protection for surrounding properties. (B) In the R-1, R-2, R-3 or R-4 districts, within a common development, one interior yard may be equal to zero for single family detached dwellings, subject to the following additional criteria: 1. Minimum tract size of the common devélopment: 3 acres or on tracts less than 3 acres with a special use permit from the Board of Supervisors pursuant to Section 30-19. I 2. The minimum lot size, frontage and front and rear yard setbacks required in the District Regulations may be reduced up to 20 percent, provided: a The lot is an interior lot and does not adjoin a lot outside of the common development designated for zero lot line use; OR, b. The lot adjoins a Type C or greater buffer yard; OR, c. The lot adjoins land zoned as commercial or industrial. 3. Minimum side yard opposite the zero yard: 20 feet. 4. No two dwelling units built under these provisions shall be attached along the common property line (See Single Family, Attached). 5. The normal side yard setback requirement must be maintained adjacent to any lot with an existing structure not within the common development; or not otherwise designated for zero lot line use. 6. No windows, doors, or other openings shall be permitted in the wall of a building which faces the designated zero lot line within 5 feet of the property line. 7. A perpetual fIVe foot wall-maintenance easement shall be provided on the lot adjacent to the zero lot line property line. This easement shall be kept clear of structures òr any other improvement which would infringe on the use of the easement, with the exception of freestanding walls and II fences. This easement shall be shown on the plat and incorporated into each deed transferring title to the property; 8/25/92 ~ I I ""II1II 627 ARTICLE IV Use Standards-Res. 8. A copy of the plat approved by the subdivision agent of the County shall be submitted to the that the affected lots have been approved for zero lot line dwellings. Sec. 30·82·13 Single Family, Attached (A) Intent - The following provisions are intended to offer greater flexibility in providing a variety of housing options to meet the changing demands and needs of the public. The standards below are intended to accommodate new developments of attached single family dwellings, as well as to allow attached single family dwellings as in-fill development on scattered sites in existing residential areas. (8) General standards within a common development containing three or more acres: 1. The minimum lot size, frontage and front and rear yard setbacks required in the District Regulations may be reduced up to 20 percent, provided: a The lot is an interior lot and does not adjoin a lot outside of the common development designated for attached single family dwellings; OR, b. The lot adjoins a Type C or greater buffer yard; OR, c. The lot adjoins land zoned as commercial or industrial. 2. Minimum side yard opposite the common lot line between two attached dwellings: 10 feet. 3. A copy of the plat approved by the subdivision agent of the County shall be submitted to the Administrator. The Administrator shall make the appropriate notation on the official zoning map that the affected lots have been approved for attached dwellings. (C) General standards on existing lots or in new developments containing less than three acres: 1. Minimum side yard opposite the common lot line between two attached dwellings: 10 feet. Sec.30·82·14 Townhouses (A) Intent - It is the intent of this section that townhouses be allowed in areas where they are or may be appropriately intermingled with other compatible types of housing. The purpose of the following design standards is to ensure the efficient, economical, comfortable and convenient use of land and open space and serve the public purposes of zoning by providing an alternative to conventional arrangements of yards and buildable areas. (8) General standards: 1. All townhouse developments shall be served by public sewer and water. 2. The facades of townhouses in a group shall be varied by changed front yards and variations in design so that no more than four abutting townhouses will have the same front yard setback and the same or essentially the same architectural treatment of facades and roof lines. 3. The minimum separation between any building containing a group of five or more townhouse units shall be 40 feet from any other townhouse building. The-minimum separation between any 8/25/92 J ,~ II"'" 628 .; ARTICLE IV Use Standards-Res. building containing a group of four or less townhouse units shall be 20 feet from an other 4. The height of all townhouses shall be limited to 45 feet. Accessory buildings shall not exceed 15 feet. 5. Accessory structures for townhouse units shall be permitted only in rear yard areas and shall be no larger than 10 feet by 10 feet in area. 6. Only one yard, either the front yard or the rear yard, or in the case of an end unit, the side yard, shall be improved with a driveway or other impermeable surface intended for the storage of motor vehicles or for access to a garage, or other parking areas. 7. The maximum building and lot coverage requirements applying to townhouses shall be computed for the site of the entire development. (C) Additional standards in the A V district: 1. Maximum gross density: 8 townhouse units per acre. 2. Minimum parcel size: 20,000 square feet for the first dwelling unit, plus 5,445 square feet for each additional unit. 3. Front yard setbacks for each group of townhouse units: an average of 15 feet, and not be less than 10 feet for any individual townhouse unit. No common parking area, common driveway or street right-of-way shall be permitted within the required front yard area. 4. A side yard setback of 15 feet shall be provided for each end residence in any group of townhouses adjoining a property boundary of the development, or a street right-of-way, private drive, parking area or walkway intended for the common use of townhouse òccupants. I 5. Minimum rear yard setback: 25 feet. 6. Minimum lot size for individual townhouse lots: 2,000 square feet for interior lots and 2,500 square feet for end lots. 7. Minimum width for individual townhouse lots: 20 feet, measured from center of wall to center of wall, or outside of end wall. 8. Maximum number in a group or block of townhouses: 4 townhouse units. 9. The maximum building and lot coverage shall comply with the requirements for the A V district. 10. When a townhouse development adjoins a single family dwelling, a Type C buffer yard as described more fully in Section 30-92 shall be provided. (D) Additional standards in the R-2 district: 1. Maximum gross density: 12 townhouse units per acre. 2. Minimum parcel size: 7,200 square feet for the first dwelling unit, plus 3,630 square feet for each additional unit. II 8/25/92 ~ ~ 62 9.~' ARTICLE IV Use Standards-Res. I (E) 5. 6. 7. 8. I 9. 8/25/92 3. Front yard setbacks for each group of townhouse units: an avera e of 15 feet, and not be less street right-of-way shall be permitted within the required front yard area. 4. A side yard setback of 15 feet shall be provided for each end residence in any group of townhouses adjoining a property boundary of the development. Where a group of townhouses adjoin a private drive or parking area or walkway intended for the common use of townhouse occupants, the side yard setback shall be 10 feet. 5. Minimum rear yard setback: 25 feet. 6. Minimum lot size for individual townhouse lots: 2,000 square feet for interior lots and 2,500 square feet for end Jots. . 7. Minimum width for individual townhouse lots: 18 feet, measured from center of wall to center of wall or outside end wall. 8. Maximum number in a group or block of townhouses: 10 townhouse units. 9. Maximum coverage for townhouse developments: a. Building coverage: 35 percent b. Lot coverage: 60 percent Additional standards in the R-3 district: 1. Maximum gross density: 12 townhouse units per acre. 2. Minimum parcel size: 7,200 square feet for the first dwelling unit, plus 3,630 square feet for each additional unit. 3. Front yard setbacks for each group of townhouse units: an average of 15 feet, and not be less . than 10 feet for any individual townhouse unit. No common parking area, common driveway or street right-of-way shall be permitted within the required front yard area. 4. A side yard setback of 15 feet shall be provided for each end residence in any group of townhouses adjoining a property boundary of the development. Where a group of townhouses adjoin a private drive or parking area or walkway intended for the common use of townhouse occupants, the side yard setback shall be 10 feet. Minimum rear yard setback: 25 feet. Minimum lot size for individual townhouse lots: 1,800 square feet for interior lots and 2,300 square feet for end lots. Minimum width for individual townhouse lots: 18 feet, measured from center of wall to center of wall or outside end wall. Maximum number in a group or block of townhouses: 10 townhouse units. Maximum coverage for townhouse developments: ~ II"'" 63 0 ~ ARTICLE IV Use Standards-Res. a. Building coverage: 40 percent b. Lot coverage: 65 percent (F) Additional standards in the R-4 district: 1. Maximum gross density: 18 townhouse units per acre. 2. Minimum parcel size: 7,200 square feet for the first dwelling unit, plus 2,420 square feet for each additional unit. 3. Front yard setback for each group of townhouse units: an average of 15 feet, and not less than 10 feet for any individual townhouse unit. Common parking areas, driveways, and rights-of-way may be permitted within the front yard setback. 4. A side yard setback of 15 feet shall be provided for each end residence in any group of townhouses adjoining a property boundary of the development. Where a group of townhouses adjoin a private drive or parking area or walkway intended fòr the common use of townhouse occupants, the side yard setback shall be 10 feet. 5. Minimum rear yard setback: 25 feet. 6. Minimum lot size for individual townhouse lots: 1,600 square feet for interior lots and 2,100 square feet for end lots. 7. Fifty percent of the individual townhouse lots shall be allowed to have a minimum width of 14 feet, measured from center of wall to center of wall. The remaining lots shall have a width greater than 14 feet. 8. Maximum number in a group or block of townhouses: 10 townhouse units. 9. Maximum coverage for townhouse developments: a. Building coverage: 45 percent b. Lot coverage: 70 percent Sec. 30-82-15 Two-family Dwelling (A) In the AV district the minimum lot size shall be 30,000 square feet. (B) In the R-2, R-3 and R-4 districts the minimum lot size shall be 10,000 square feet. (C) General standards in the C-1 district: 1. The two family dwelling use shall be allowed only in the same structure as, and in conjunction with, an associated civic, office or commercial use type. 2. The civic, office or commercial use type must occupy at least 50 percent of the gross floor area of the structure. SEC. 3o-a3 CIVIC USES 8/25/92 ~ I II ~ I I ~ ,6 3 1 .; , ARTICLE IV Use Standards-Civic Sec. 30-83-1 Cemetery (A) General standards: 1. Minimum parcel size: 10 acres. 2. No interment shall occur within 25 feet of the property line. Sec. 30-83-2 Clubs (A) In the A V district, when a club adjoins 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. 30-83-3 Community Recreation (A) General standards: 1. Any 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. 30-83-4 Day Care Center (A) General standards: 1. All Day Care Centers shall comply with the Minimum Standards for Day Care Centers established by the Virginia Department of Social Services, as may be amended, unless specifically exempt from those Minimum Standards. 2. A Business Ucense or certificate of zoning compliance to operate a Day Care Center shall be approved provided that a license to operate a Day Care Center from the Virginia Department of Social Services is approved prior to beginning operation of the Center. Failure to maintain a valid license approved by the Virginia Department of Social Services shall be considered a violation of this ordinance. Sec. 30-83-5 Educational Facilities (A) General standards: 1. Any 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. 2. Any area constructed in conjunction with an educational facility intended for the overnight storage of school buses which adjoins a residential use type shall provide Type C buffer yard as specified in Section 30-92 of this ordinance. (B) In the AR district, the maximum building coverage shall be 20 percent and the maximum lot coverage 50 percent of the total lot area. Sec. 30-83-6 Family Day Care Home 8/25/92 .~ II"'" 6 3 2.' O! ARTICLE IV Use Standards-Civic (A) General standards: 1. All Family Day Care Homes shall comply with the Minimum Standards for Family Day Care Homes established by the Virginia Department of Social Services, as may be amended. 2. A Family Day Care Home shall be operated only by the occupant who resides on the premises. 3. A copy of the license to operate a Family Day Care Home approved by the Virginia Department of Social Services shall be presented to the Administrator prior to the issuance of a Business Ucense or certificate of zoning compliance to operate a Family Home Day Care Home. Sec. 30-83·7 Park and Ride Facility (A) General standards: 1. Park and Ride Facilities shall be exempt from all maximum building and lot coverage requirements contained in this Ordinance. Sec. 30-83-8 Public Parks and Recreational Areas (A) General standards: 1. Any 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. Sec. 30-83-9 Religious Assembly (A) General standards: 1. Any 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. 2. , When a place of religious assembly adjoins a residential use type, a Type C buffer yard in accordance with Section 30-92 shall be provided between the parking area(s) and the residential use type. (B),' In the AG-3, AG-1 and AR districts, the maximum building coverage shall be 20 percent and the maximum lot coverage 50 percent of the total lot area. Sec.30-83-10 Safety Services (A) General standards: 1. When a safety services establishment adjoins 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. 30-83-11 Utility Services, Major 8/25/92 ~ II II 1 II ~ RJ3'1 ARTICLE IV Use Standards-Civic (A) General standards: 1. In considering an application for a special use permit, the Planning Commission and Board of Supervisors shall consider the justification for the location of the proposed utility service and any alternative locations which may be available. 2. The minimum lot size may be reduced as part of approval of the special use permit provided all setback and yard requirements are met and all other dimensional requirements are achieved. 3: The height limitation contained in each district may be increased as part of the approval of the special use permit, subject to any other height limitation contained in the Section 30-72 and 30-73 of this ordinance. 4. No major utility service shall be located within 100 feet of an existing residence. 5. Except in the 1-1 and 1-2 districts, outdoor storage of materials and equipment, except during construction of the utility facility, shall be prohibited in association with a major utility service, unless specifically requested and approved as part of the special use permit. In the 1-1 and 1-2 districts outdoor storage areas shall comply with the screening provisions contained in Section 30-92-4 (E). 6. Buildings and facilities shall be designed and constructed to be compatible with the surrounding area, so that these facilities or structures will not adversely affect nearby properties. 7. Except in the 1-1 and 1-2 districts, Type E screening and buffering consistent with Section 30-92 of this Ordinance shall be required, unless specifically modified as a part of the approved special use permit. 8. All sewer and water utility services shall be publicly owned and operated by a government agency unless otherwise recommended by the Director of the Utility Department and approved by the Board of Supervisors. 9. Sewer and water utility services shall be designed with a service area and capacity consistent with the purposes of the respective zoning district and the recommendations of the Comprehensive Plan. SEC. 30·84 OFFICE USES Sec. 30-84-1 General Office (A) In the AV and NC districts, when a general office use adjoins 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. 30-84-2 Medical Office (A) In the AV and NC districts, when a medical office use adjoins 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. 30-84-3 Financial Institutions 8/25/92 ...4 J"" 634 ~ ARTICLE IV Use Standards-Office (A) General standards: 1. All drive-through windows shall conform to the standards for drive-through facilities contained in Section 30-91-10. (B) Additional standards in the A V District: 1. When a financial institution adjoins 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 COMMERCIAL USES Sec. 30-85-1 Agricultural Services (A) In the AG-3, AG-1 and AV districts, any outdoor storage area for agricultural equipment awaiting repair which is visible from a public right-of-way or an adjoining property shall be provided with a Type C buffer yard in accordance with Section 30-92. When the storage area and/or repair facilities are clearly visible from a residence on an adjoining property a Type D buffer yard shall be provided. (B) In the C-2 district any outdoor storage area for agricultural equipment awaiting repair shall be placed in a storage yard. The storage yard shall be fully screened from public view and shall be set back at least 100 feet from any adjoining residential district. Sec. 30-85-2 Antique Shops (A) In the AR and AV Districts: 1. Antique shops shall not exceed 3,000 square feet in gross floor area. 2. 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. 30-85-3 Automobile Dealership, New (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 Public Street and Parkina Desion Standards. 2. A 10 foot planting strip shall be provided adjacent to any public street right-of-way. Within this planting strip, one large deciduous, large evergreen or small deciduous tree shall be planted every 30 linear feet. Such planting materials shall otherwise comply with the landscaping requirements contained in Section 30-92. 3. The storage and/or display of motor vehicles in the planting strip required above shall be prohibited. 4. Exterior display or storage of new or used automobile parts is prohibited. 5. Body and fender repair services are permitted provided: 8/25/92 l 1 1 I I ~ 635 ~J ARTICLE IV Use Standards-Com. a. The area devoted to such services do not exceed 20 percent of the gross floor area b. The repair facilities are at least 150 feet from any adjoining residential district. c. Any spray painting takes place within a structure designed for that purpose and approved by the Roanoke County Fire and Rescue Department. d. Any vehicle awaiting body repair or painting, or is missing major mechanical or body parts, or has been substantially damaged shall be placed in a storage yard. The storage yard shall be fully screened from public view and shall be set back at least 100 feet from any adjoining residential district. 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 Public Street and Parking Design Standards and Specifications. 2. A 10 foot planting strip shall be provided adjacent to any public street right-of-way. Within this planting strip, one large deciduous, large evergreen or small deciduous tree shall be planted every 30 linear feet. Such planting materials shall otherwise comply with the landscaping requirements contained in Section 30-92. 3. The storage and/or display of motor vehicles in the planting strip required above shall be prohibited. 4. Exterior display or storage of new or used automobile parts is prohibited. 5. Any vehicle which is missing major mechanical or body parts or have been substantially damaged shall be placed in a storage yard. The storage yard shall be fully screened from public view and shall be set back at least 100 feet from any adjoining residential district. Sec. 30-85-5 Automobile Repair Services, Major (A) General standards: 1. All vehicles stored on the premises in excess of 72 hours shall be placed in a storage yard. The storage yard shall be fully screened from public view and shall be set back at least 100 feet from any adjoining residential district. 2. Body and fender repair services shall be subject to the following: a. The repair facilities are at least 150 feet from any adjoining residential district. b. Any spray painting takes place within a structure designed for that purpose and approved by the Roanoke County Fire and Rescue Department. 3. Exterior display or storage of new or used automobile parts is prohibited. Sec. 30-85-6 Automobile Repair Services, Minor 8/25/92 ~ J"" 636 ARTICLE IV Use Standards-Com. (A) General standards: 1. Exterior display or storage of new or used automobile parts is prohibited. 2. Equipment and vehicles stored overnight on the premises shall be behind the front building line or at least 35 feet from the public right-of-way, whichever is greater. (8) Additional standards in the A V District: 1. 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. 2. The site shall front directly on and have direct access to a publicly owned and maintained street. Sec. 30-85-7 Automobile Parts/Supply, Retail (A) General standards: 1. Exterior display or storage of new or used automobile parts is prohibited. 2. Equipment and vehicles stored overnight on the premises shall be behind the front building line or at least 35 feet from the public right-ot-way, whichever is greater. (8) Additional standards in the A V District: 1. 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. 2. The site shall front directly on and have direct access to a publicly owned and maintained street. Sec. 30-85-8 Bed and Breakfast (A) General standards: 1. The owner or owner's tamily shall reside on the same parcel occupied by the bed and breakfast establishment. 2. - No more than five guest sleeping rooms shall be utilized for a bed and breakfast establishment. The maximum number of guest occupants shall not exceed 16 guests. 3. Any building erected, enlarged or modified to accommodate a bed and breakfast shall maintain the appearance ot a single family residence. No rooms shall have direct entrance or exit to the outside of the building, except that emergency exits when required by the fire marshall may be provided for emergency purposes only. 4. Guests may stay no more than 30 consecutive nights in anyone calendar year. The operator of the bed and breakfast shall maintain a log of all guests, including their name, address, license plate number, and length of stay, and shall make the log available to County staff upon request. 5. Meals shall be provided only to overnight guests and no cooking shall be permitted in guest rooms. 6. Required parking areas tor guests and employees shall be provided on-site. 8/25/92 ~ I 1 I 1 ~ ::' 6 3 ~ sa ARTICLE IV Use Standards-Com. 7. Health Department approval for sewage disposal, water supply and kitchen facilities shall be 8. The site shall front directly on and have direct access to a publicly owned and maintained street. Sec. 30-85-9 Campground (A) General standards: 1. The minimum area for a campground shall be 10 contiguous acres. 2. Each campsite shall be set back a minimum distance of 50' feet from the perimeter property line of the campground. 3. The maximum density shall be 14 sites per gross acre. Each campsite designed for recreational vehicles shall have a minimum space of 2,000 square feet with a minimum width of 30 feet. Areas devoted solely for tent camping shall provide at least 400 square feet per campsite. 4. Vacation cottages may be constructed within a campground provided that a minimum land area of 4,000 square feet is designated solely for the first dwelling unit in a cottage, with an additional 2,000 square feet of land area provided for each additional dwelling unit within the cottage. The maximum floor area of a cottage shall be 30 percent of the site. 5. The primary access road shall be paved with a Category I surface in accordance with the standards contained in the Public Street and Parkina Desian Standards and Specifications. Such paving shall extend from the public street right-of-way to the entrance station. Interior roads and access to individual sites shall consist at a minimum of an all weather gravel surface. All interior roads shall be 18 feet minimum width for two-way travel or 10 feet minimum width for one-way travel. No campsite shall have direct access to a public street. 6. One Class A or Class B manufactured home, established pursuant to this ordinance, may be located in a campground as a caretaker's residence. 7. The following uses and activities shall be prohibited at a campground: a. The sale, storage, use or occupancy of any manufactured home, except as provided above. b. The sale of recreational vehicles and the storage of unoccupied units not in a condition for safe occupancy. 8. Indoor and outdoor recreational facilities are permitted for the exclusive use of campground tenants. At least 15 percent of the campground area shall be developed and improved for recreational uses~ In calculating the required area, common walkways and related landscaping may be included provided that such space is at least 20 feet in width. At least half of the required recreation area shall be for active recreation, such as swimming pools, ball fields and play lots for small children. No developed recreational areas shall be located within the required yard setbacks for the district. 9. Retail sales for the convenience of campground tenants are permitted. Items are limited to food, concessions, recreational supplies, personal care items, and other items clearly supportive of campground tenants' needs. 8/25/92 ...4 J"'" ~3 ,,8 . , 'ARTICLE IV Use Standards-Com. 10. Guests may stay no more than 30 nights in anyone calendar year. The operator of a numbèr, and length of stay, and shall make the log available to County staff upon request. 11. The site shall front on and have direct access to a publicly owned and maintained street. Sec.30-85-10 Car Wash (A) General standards: ' 1. All new car wash facilities, whether conveyor operated or self service, shall be equipped with a water recycling system for 75 percent of the water used. Sec. 30-85-11 Clinic (A) In the AV District, 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.30-85-12 Construction Sales and Services (A) General standards: 1. A 10 foot planting strip shall be provided adjacent to any public street right-of-way. Within this planting strip, one large deciduous, large evergreen or small deciduous tree shall be planted every 30 linear feet. Such plantings shall other comply with the landscaping requirements contained in Section 30-92. 2. The storage and/or display of goods and materials in the planting strip required above shall be prohibited. Sec.30-85-13 Convenience Store (A) General Standards: 1. Umited sale of foods prepared on the premises may be allowed provided no more than 20 percent of the floor areas is devoted to seating facilities. Seating areas in excess of this shall constitute a fast food restaurant. 2. Exterior display of merchandise for sale is allowed under the following conditions: a. On a paved walkway within three feet of the building. b. Ice machines and soft drink vending machines, in operating condition, shall be stored under roofed areas. 3. The display of vehicles "for sale" is prohibited. (6) Additional standards in the NC district: 1. No convenience store shall exceed 2,000 square feet of gross floor area. 2. 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. 8/25/92 l I 1 ~ 639 ARTICLE IV Use Standards-Com. (C) Additional standards in the AV District: 1. No convenience store shall exceed 3,000 square feet of gross floor area. 2. 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.30·85·14 Equipment Sales and Rentals (A) General standards: 1. A 10 foot planting strip shall be provided adjacent to ~ny public street right-of-way. Within this planting strip, one large deciduous, large evergreen or small deciduous tree shall be planted every 30 linear feet. Such plantings shall other comply with the landscaping requirements contained in Section 30-92. 2. The storage and/or display of goods and materials in the planting strip required above shall be prohibited. Sec. 30·85·15 Garden Center (A) General standards: I 1. A 10 foot planting strip shall be provided adjacent to any public street right-of-way. Within this planting strip, one large deciduous, large evergreen or small deciduous tree shall be planted every 30 linear feet. Such plantings shall other comply with the landscaping requirements contained in Section 30-92. 2. The storage and/or display of goods and materials in the planting strip required above shall be prohibited. (B) Additional standards in the A V district: 1. 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: 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). (B) Additional standards in the AV and NC districts: 1. 2. 1 3. 8/25/92 No more than four stations designed for dispensing fuel shall be located .on site. 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. 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. ~ J"" 6 4 0, ~: ARTICLE IV Use Standards-Com. Sec.30-85-17 Golf Course (A) General standards: 1. When the clubhouse, parking areas, or maintenance facilities adjoin 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. 30-85-18 Kennel, Commercial (A) General standards: 1. Each commercial kennel, shall install and operate a kennel silencer. 2. Animal waste shall disposed of in a manner acceptable to the Department of Health. 3. Crematoria or land burial of animals in association with a commercial kennel shall be prohibited. (B) Additional standards in the AG-3, AG-1, AR and A V districts: 1. The minimum area required for a commercial kennel shall be 2 acres. 2. All facilities associated directly with the commercial kennel, whether indoors or outdoors, shall be set back a minimum of 100 feet from any property line. 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. 4. The site shall front on and have direct access to a publicly owned and maintained street. (C) Additional standards in the C-2 district: 1. All outdoor runs, training areas and pens associated with a commercial kennel shall be set back a minimum of 100 feet from any property line. Sec.30-85-19 Mini-warehouse (A) General standards: 1. The minimum lot size shall be 2 acres. 2. The minimum front yard setback shall be 35 feet. 3. No security fencing, security gate or other obstruction to vehicle access shall be permitted in the required front yard setback or in any buffer yard required pursuant to Section 30-92. 4. All interior driveways shall be at least 26 feet wide when cubicles open onto one side only and at least 30 feet wide when cubicles open onto both sides to accommodate loading and unloading at individual cubicles. Adequate turning radiuses shall be provided, where appropriate, for a 30 foot long single unit truck or moving van. Materials and design shall otherwise conform to the standards contained in Public Street and Parkino Desion Standards Manual. 5. No door openings for any cubicle shall be constructed facing any residentially zoned property. 8/25/92 ~ ~ I 1 ~ 6 4 l' c·, ARTICLE IV Use Standards-Com. ~ ,; I ne lulllJ'··"'Q "L~b: ",h:dll"l "lIhihitr'd a. Auctions by tenants, commercial wholesale or retail sales, or miscellaneous or garage sales. b. The servicing, repair or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances or other similar equipment. c. The operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment. d. The establishment of a transfer and storage business. e. The storage of flammable, highly combustible, explosive or hazardous materials shall be prohibited. 7. Outdoor storage areas shall be used for the storage of motor vehicles, trailers, and recreational vehicles only. All outdoor storage areas shall be screened from adjoining properties by a 10 foot landscaped area consisting of small evergreen trees and evergreen shrubs in accordance with Section 30-92. 8. Accommodations for a live-in manager shall be permitted. Sec. 30-85-20 Manufactured Home Sales I (A) General Standards: 1. A 10 foot planting strip shall be provided adjacent to any public street right-of-way. Within this planting strip, one large deciduous, large evergreen or small deciduous tree shall be planted every 30 linear feet. Such planting materials shall otherwise comply with the landscaping requirements contained in Section 30-92. 2. The storage and/or display of manufactured homes in the planting strip required above shall be prohibited. 3. The storage of manufactured homes on the premises which are not suitable for occupancy shall be prohibited. Sec. 30-85-21 Recreational Vehicle Sales and Service (A) General standards: 1. A 10 foot planting strip shall be provided adjacent to any public street right-of-way. Within this planting strip, one large deciduous, large evergreen or small deciduous tree shall be planted every 30 linear feet. Such planting materials shall otherwise comply with the landscaping requirements contained in Section 30-92. I 2. ' The storage. and/or display of recreational vehicles in the planting strip required above shall be prohibited. 8/25/92 ...1 J"" 642, ' ARTICLE IV Use Standards-Com. 3. Any recreational vehicle which is missing major mechanical or body arts or has been from public view and shall be set back at least 100 feet from any adjoining residential district. Sec. 30-85-22 Restaurant, Family (A) In the AV district: 1. 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. 2. Health Department approval for sewage disposal, water supply and kitchen facilities shall be submitted prior to issuance of a building permit for a family restaurant. Sec. 30-85-23 Restaurant, General (A) In the AV district: 1. 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. 2. Health Department approval for sewage disposal, water supply and kitchen facilities shall be submitted prior to issuance of a building permit for a general restaurant. Sec. 30-85-24 Restaurant, Drive-In or Fast Food (A) General standards: 1. All drive-through windows shall comply with the standards for drive-through facilities contained in Section 30-91-10. 2. A special use permit shall not be required for any fast food restaurant that is located within a shopping center (excluding outparcels) and which does not propose drive-in or curb service. Sec. 30-85-25 Truck Stop (A) General standards: 1. The truck stop site shall be a minimum of 10 acres. SEC. 30-86 INDUSTRIAL USES Sec. 30-86-1 Asphalt Plants (A) General standards: 1. A Type F buffer yard shall be required in accordance with Section 30-92. I 2. In considering a special use permit request for an asphalt plant, in addition to the general 1 standards contained in Section 30-19 of this ordinance, the Board shall specifically consider and set standards for the following: 8/25/92 ~ I 1 ~ 643 ARTICLE IV Use Standards-Ind. a. The maximum height of any structure and any additional setback requirements necessary b. Specific measures to control dust during the construction and operation of the plant. c. Specific levels of noise permitted during the daytime and nighttime operation of the plant, as measured at adjacent property lines, and any additional requirements for the design or operation of the plant intended to reduce noise. Sec. 30·86·2 Construction Yards (A) In the 1-2 district, all materials stored on the premises overnight shall be placed in a storage yard. The storage yard shall be fully screened from surrounding views in accordance with Section 30-92, and shall be set back at least 100 feet from any adjoining residential district. (B) In the AV district, the following standards shall apply: 1. The maintenance and repair of all vehicles and equipment shall be conducted within án enclosed building. 2. In considering a special use permit request for a construction yard, in addition to the above standards and the general standards contained in Section 30-19 of this ordinance, the Board may consider and set standards for the following: a. The provisions for screening of any vehicles, equipment, materials and storage yard, and screening and buffering, in accordance with Section 30-91, of the entire construction yard. b. The maximum height of any structure and any additional setback requirements necessary to compensate for any increased height. c. Specific measures to control dust on the site. d. Specific levels of noise permitted on the site, as measured at adjacent property lines. e. Limit the hours of operation. Sec. 30·86·3 Custom Manufacturing (A) General standards: 1. A custom manufacturing establishment shall meet all the requirements for a principal structure. 2. All activities associated with a custom manufacturing establishment, other than loading and unloading, shall be conducted within an enclosed building. (B) Additional standards in the AG-3, AG-1 and A V districts: 1. Maximum square footage for a custom manufacturing establishment: 3,000 square feet. 2. When adjoining a residential use type on an adjoining lot, a Type C buffer yard in accordance with Section 30-92 shall be provided along the property line which adjoins the residential use type. 8/25/92 ~ J"" 644 ARTICLE IV Use Standards-Ind. 3. The site shall front directly on and have direct access to a publicly owned and maintained street. (C) Additional standards in the AG-3 and AG-1 districts: 1. The custom manufacturing establishment shall be accessory to a single family dwelling. 2. No custom manufacturing establishment shall be located on lot containing less than three (3) acres. Sec. 30-86-4 Landfill, Construction Debris (A) General standards: 1. Minimum parcel size: 20 aC?res. 2. A Type F buffer yard shall be provided in accordance with Section 30-92. 3. The site development and operations shall be in accordance with all of the regulations of the Virginia Department of Waste Management, include special conditions of any landfill permit, for construction debris landfills. 4. In addition to the application requirements for a special use permit, a Master Plan of the proposed development and use of the site shall be submitted for consideration. This Plan shall specify all physical changes and improvements to the property, areas proposed for landfilling activities including a phasing plan with time frames for the landfilling activities, methods for controlling drainage, run-off and leachate, erosion and sediment control measures to be employed during development of the site, an evaluation of the impact of the proposed activity on groundwater resources, methods for securing the site from illegal entry, proposed access routes and impacts on public roads, and proposed closure plan and eventual re-use of the site. I 5. In considering a special use permit, in addition to the above standards and the general standards contained in Section 30-19 of this ordinance, the Board may consider and set standards for the following: a The surface materials required for the access road, and length from the public road this surface treatment is required. b. Specific measures to control dust, odor and pests on the site. c. Specific levels of noise permitted on the site, as measured at adjacent property lines and acceptable noise levels as measured from adjoining residences. d. Umits on the hours of operation including the delivery of waste material and the operation of equipment on-site. e. Umitations on the types of materials to be landfilled. f. Measures to insure adequate security of the site. g. Additional requirements for screening and buffering. 6. No clearing or landfi11ing activities shall be undertaken· until the appropriate permits are approved by the Virginia Department of Waste Management. 1 8/25/92 l ~ 64 5 ~ ARTICLE IV Use Standards-Ind. 7. During the operating life of the landfill, an annual environmental audit shall be pre ared b a permit and all other requirements for the operation of the landfill. Any violations shall be reported to the Administrator and shall be made public information. Sec. 30-86-5 Landfill, Rubble (A) General standards: 1. The material to be lancffilled shall be limited only to soil, stone, gravel, and broken concrete, asphalt, brick, and block. 2. The site development and operations shall be in accordance with all regulations of the Virginia Department of Waste Management, include special conditions of any landfill permit. 3. In considering a special use permit, in addition to the above standards and the general standards contained in Section 30-19 of this ordinance, the Board may consider and set standards for the following: a. b. c. I d. e. 1. g. The surface materials required for the access road, and length from the public road this surface treatment is required. Specific measures to control dust on the site. Specific levels of noise permitted on the site, as measured at adjacent property lines. Limit the hours of operation. Limitations on the types of materials to be landfilled. The frequency at which fill material shall be covered. Sec. 30-86-6 Landfill, Sanitary Measures to insure adequate security of the site. (A) General standards: 1. Minimum parcel size: 50 acres. 2. A Type F buffer yard shall be provided in accordance with Section 30-92. 3. The site development and operations shall be in accordance with all of the regulations of the Virginia Department of Waste Management, include special conditions of any landfill permit, for sanitary landfills. 4. I 8/25/92 In addition to the application requirements for a special use permit, a Master Plan of the proposed development and use of the site shall be submitted for consideration. This Plan shall specify all physical changes an~ improvements to the property, areas proposed for landfilling activities including a phasing plan with time frames for the landfilling activities,methods for controlling drainage, run-off and leachate, erosion and sediment control measures to be employed during development of the site, an evaluation of the impact of the proposed activity on groundwater ~ II"'" 646 ARTICLE IV Use Standards-Ind. resources, methods for securing the site from illegal entry, proposed access routes and impacts 5. In considering a special use permit, in addition to the above standards and the general standards contained in Section 30-19 of this ordinance, the Board may consider and set standards for the following: a. The surface materials required for the access road, and length from the public road this surface treatment is required. b. Specific measures to control dust, odor and pests on the site. c. Specific levels of noise permitted on the site, as measured at adjacent property lines and acceptable noise levels as measured from adjoining residences. d. Limits on the hours of operation including the delivery of waste material and the operation of equipment on-site. e. Limitations on the types of materials to be landfilled. f. Measures to insure adequate security of the site. g. Additional requirements for screening and buffering. 6. No clearing or landfilling activities shall be undertaken until the appropriate permits are approved by the Virginia Department of Waste Management. 7. During the operating life of the landfill, an annual environmental audit shall be prepared by a qualified independent contractor to determine compliance with all conditions of the special use permit and all other requirements for the operation of the landfill. Any violations shall be reported to the Administrator and shall be made public information. Sec. 30·86·7 Recycling Centers and Stations (A) General standards: 1. Where receptacles for recyclable materials are located outside of a building, they shall be located so as to not disrupt or interfere with on site traffic circulation, required fire lanes or required parking, loading or stacking areas. 2. A specific circulation pattern shall be established to provide safe and easy access to recycling receptacles. Adequate space shall be provided for the unloading of recyclable materials. 3. A regular schedule for picking up recycled materials shall be established and maintained. 4. The site shall be maintained free of litter. 5. Where receptacles for recyclable materials are located outside of a building, they shall be screened from public view in accordance with Section 30-92. Sec. 30·86·8 Resource Extraction (A) General standards: 8/25/92 l I 1 I I ~ 64 7, ~ ARTICLE IV Use Standards-Ind. 1. No surface mining or extraction activity shall be conducted within 100 feet of the exterior ro e shall not be used for any purpose during the period of excavation, including overburden and spoil storage, except the minimum necessary for access roads. 2. Access to the site shall be located so that truck traffic does not travel through any planned residential development, and shall otherwise be located to have as little as possible impact on residentially developed areas. 3. Access roads shall be maintained in a dust free manner. All access roads shall be constructed so as to intersect as nearly as possible at right angles with public streets and roads. 4. Off street parking areas adequate for all employees' vehicles and trucks shall be provided. 5. In addition to the application requirements for a special use permit, a Master Plan of the proposed site shall be submitted for consideration. This Plan shall specify all physical changes or improvements to the property, methods for controlling drainage, run-off, and potential ponding on the site, erosion and sediment control measures to be employed, an evaluation of the impact of the proposed activity on groundwater resources, methods for securing the site from illegal entry, proposed access routes and impacts on public roads, a phasing plan including time frames for the extraction activities, and proposed reclamation and re-use of the site upon completion of the mining or excavation activity. Sec. 30-86-9 Scrap and Salvage Yards (A) General standards: 1. All scrap and salvage materials, and all associated vehicles and equipment stored on the premises overnight shall be placed in a totally enclosed building or in a storage yard. The storage yard shall be fully screened from surrounding views in accordance with Section 30-92, and shall be set back at least 100 feet from any adjoining residential district. Sec. 30-86-10 Transfer Station (A) General standards: 1. The site development and operation shall be in accordance with all of the regulations of the Virginia Department of Waste Management, including special conditions, for a transfer station. 2. No land development activities shall be undertaken until the appropriate permits are approved by the Virginia Department of Waste Management. SEC. 30-87 MISCELLANEOUS USES Sec. 30-87-1 Aviation Facllhles, Private (A) General standards: 1. Written approval shall be obtained from the State Department of Aviation, and when located within 5 miles of any commercial airport, written approval from the Federal Aviation Administration. 8/25/92 ~ II'" 64"8 ARTICLE IV Use Standards-Misc. 2. No flight strip or heliport shall be located within 500 feet of an residential structure 3. Buildings and structures, such as hangers and maintenance sheds, shall be considered accessory uses to the private airport, but shall otherwise comply with all requirements for a principal building or structure. 4. Nighttime use and operation of a private airport shall be prohibited unless specifically approved as part of the special use permit. . Sec. 30-87-2 Broadcasting Tower (A) General standards: 1. ,The maximum height of any broadcasting tower shall be made a condition of the special use permit. 2. The minimum setback requirement from the base of the tower to any property line abutting a residential use or district shall be equal to 110 percent of the height of the tower, measured from the closest structural member of the tower. 3. The minimum set back from any property line abutting a road right-of-way for any other building or structure associated with a broadcasting tower shall be 50 feet and in all other instances shall be no less than 25 feet. 4. More than one tower shall be permitted provided all setback requirements have been met. 5. Towers shall be illuminated as required by the Federal Communications Commission (FCC), but no lighting shall be incorporated if not required by the FCC, other than essential security lighting. 6. Any tower proposed within two miles from any general or commercial airport, or located at a ground elevation at or above 2,000 feet, average mean sea level, shall be referred to the Federal Aviation Administration for review and comment. Comments shall also be solicited from the operator/manager of any commercial airport which may be affected. 7. All broadcasting towers shall comply with any additional requirements established in the Airport Overlay District in Section 30-72 and the Emergency Communications Overlay District in Section 30-73. Sec. 30-87-3 Outdoor Gatherings (A) General standards: 1. As part of the application for a special use permit the petitioner shall submit information indicating the individuals and/or parties sponsoring the event, the nature of the gathering, the events, displays and/or entertainment scheduled, the number of tickets to be sold, an estimate of the total number of people expected to attend, and the dates for which the permit is requested. 2. In addition, a detailed plan shall be submitted of all facilities to be provided in accordance with the following guidelines: 8/25/92 l I 1 ""II1II 6'4 9 ¡;:. ARTICLE IV Use Standards-Misc. a. Adequate provisions for sanitation facilities, e and trash collection and dis osal and provided. b. The sponsors shall provide for adequate medical facilities, fire protection and security of the site. c. Adequate on-site parking shall be provided for all employees and patrons of the gathering. The parking layout shall be determined in advance of the festival, adequately marked on the site and shall be supervised during the festival in such a manner as to provide safe and convenient access to all patrons and employees, and to accommodate emergency service vehicles. d. Adequate off-site circulation and traffic controls to provide safe ingress and egress to the gathering without burdening the existing road network or substantially disrupting the normal flow of traffic. e. Any lighting installed for the gathering shall be directed away from adjoining properties and public rights-of-way, and shall not exceed one foot candle measured at the property boundary of the site. 1. The level of any music and other noise created by the gathering shall be directed away from any adjoining residence and may be specifically limited by the Board of Supervisors. Sec.30-87-4 Parking Facilities I (A) General standards: 1. Surface parking facilities containing 25 or more spaces shall include landscaped medians, peninsulas or planter islands. Such landscaped areas shall constitute no less than 10 percent of the total paved area. They shall be planned, designed and located to c~annel traffic flow, facilitate stormwater management, and define and separate parking areas and aisles. Each landscaped area shall be planted with a deciduous tree with a minimum caliper of one inch at the time of planting in accordance with Section 30-92. Sec. 30-87-5 Shooting Ranges, Outdoor (A) General standards: 1. The site or area used as a shooting range or match shall be fenced, posted every 50 feet or otherwise restricted so that access to the site is controlled to insure the safety of patrons, spectators and the public at large. 2. The Police Chief of Roanoke County shall review and approve the design and layout of any shooting range or match as to its safety to patrons of the range as well as surrounding property owners. As -a general guide line, the following distances shall be maintained unless modified in writing by the County Police Chief: a The minimum distance from any firing point measured in the direction of fire to the nearest property line shall not be less than 300 feet; I b. Where a backstop is utilized to absorb the discharged load, the minimum distance may be 200 feet; and, 8/25/92 ~ J"" 650- ARTICLE IV Use Standards-Misc. c. No firing point shall be located within 100 feet of an adjoining property line. SEC. 30-88 ACCESSORY USES AND STRUCTURES (A) As defined in Section 30-28, accessory uses and structures may be commonly found and associated with principal use types. Principal uses which are allowed by right or by special use may include accessory uses and activities, provided such accessory uses and activities are appropriate and incidental to the principal use, and provided they are designed and located in accord with the intent and provisions of this ordinance. Sec. 30-88-1 Accessory Uses: Agricultural Use Types (A) Agricultural use types may include the following accessory uses, activities or structures on the same site or lot: 1. Parking associated with a principal use. 2. The storage of agricultural equipment, products, or materials associated with the principal use. 3. Temporary sawmills in accord with applicable use and design standards. 4. Other uses and activities necessarily and customarily associated with purpose and function of agricultural use types, as determined by the Administrator. 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: 1. Private garages and parking for the principal use. 2. Recreational activities and uses used by residents, including structures necessary for such uses. 3. Playhouses, gazebos, incidental household storage buildings, swimming pools, and other similar accessory structures. 4. Garage or yard sales provided that such sales occur no more than two days in a two month period. 5. Other uses and activities necessarily and customarily associated with purpose and function of residential use types, as determined by the Administrator. Sec. 30-88-3 Accessory Uses: Civic Use Types (A) Civic use types may include the following accessory uses, activities or structures on the same site or lot: 1. Parking for the principal use. I 2. Ahccesso,!, dwellings commonly associated with or necessitated by the lOcation and operation of _ II t e principal use. 8/25/92 l '~ 65 , ~:. ARTICLE IV Accessory Uses 3. Food services operated incidental to the for the convenience dining halls. 4. Convenience commercial facilities clearly incidental to the principal use and operated primarily for the convenience of employees, residents, and users of the principal use. Typical examples include museum gift shops, college bookstores, or snack bars clearly incidental to the principal use. 5. Other uses and activities necessarily and customarily associated with purpose and function of civic use types, as determined by the Administrator. Sec. 30-88-4, Accessory Uses: Office Use Types (A) Office use types may include the following accessory uses, activities or structures on the same site or lot: 1. Parking for the principal use. 2. Recreational facilities available only to the employees of the office use type. 3. Day care facilities available only to the employees of the office use type. I 4. Other uses and activities necessarily and customarily associated with purpose and function of office use types, as determined by the Administrator. 5. One accessory dwelling unit occupied by employees responsible for the security of the use. Sec. 30-88-5 Accessory Uses: Commercial Use Types (A) Commercial use types may include the following accessory uses, activities or structures on the same site or lot: 1. Parking for the principal use. 2. Accessory storage buildings or areas. 3. One accessory dwelling unit occupied by employees responsible for the security of the use. 4. Other uses and activities, necessarily and customarily associated with purpose and function of commercial use types, as determined by the Administrator. Sec. 30-88-6 Accessory Uses: Industrial Use Types (A) Industrial use types may include the following accessory uses, activities or structures on the same site or lot: 1. I 2. 3. 8/25/92 Parking for the principal use. Recreational facilities available only to the employees of the industrial use ' type. Day care facilities available only to the employees of the industrial use type. ~ II"'" 65 2· (;i , .' '.,:JI. ARTICLE IV Accessory Uses 4. Cafeterias and sandwich shops available only to the employees of the industrial use type. 5. Incidental retail sale of goods associated with the industrial use type, provided the square footage does not exceed 10 percent of the gross floor area or 3,000 square feet, whichever is less. 6. One accessory dwelling unit occupied by employees responsible for the security of the use. 7. Other uses and activities necessarily and customarily associated with purpose and function of industriåJ use types, as determined by the Administrator. SEC. 30-89 (RESERVED) ARTICLE V - DEVELOPMENT STANDARDS SEC. 30-90 SITE DEVELOPMENT PLANS (A) A site development plan shall be required and shall be submitted for the following: 1. New development in every zoning district, including uses approved as special uses, except for single family and two family dwelling units on individual lots. 2. The conversion of any single family or two family dwelling unit to any other use, or a higher intensity residential use, or the conversion of any building or property to a different use category, (e.g., commercial to industrial). 3. New public buildings, except for minor utility services. I 4. Uses involving a structure requiring review by the Commission under section 15.1-456 of the Code of Virginia, as amended. 5. Additions or modifications to buildings or uses, except single family or two family dwelling units, that result in a 500 square foot or greater increase in the impervious area of the site. 6. The conversion of any property from fee-simple ownership to a condominium form of ownership. 7. The use or development of any parcel conditionally rezoned, where any of the conditions accepted and attached to the parcel apply to the physical arrangement or design of the site. (8) Site development plans required by the County shall be prepared by a professional engineer, architect or land surveyor who is registered by the Commonwealth of Virginia and is conducting their practice in accordance with Section 54..1-400 et seq. of the Code of Virginia, as amended. More stringent requirements may be established by the Roanoke County Code or the Code of Virginia. This requirement may be waived by the Director of Engineering and Inspections if the type, scale and/or location of the proposed development does not necessitate such plans. (C) Any use or development permitted by this ordinance for which a site development plan is not required, shall submit a plot plan in accord with the standards contained in Section 30-100-1 of this ordinance. Sec. 30-90-1 Information Required (A) The following information shall be required on site development plans submitted to the County for II review: 8/25/92 ~ I I ~ 653 ~ Article V ' Site Plans 1. Location of the lot or parcel by vicinity map. Site development plans shall also contain a north 2. Property lines of the parcel proposed for development, including the distances and bearings of these lines. If only a portion of a parcel is proposed for development, a limits of development line shall also be shown. 3. The name and address of the property owner and or developer of the site, if different than the owner. The name and address of the person or firm preparing the plan. 4. The tax parcel number(s) of parcels proposed for development and depicted on the site development plan. 5. The name of adjacent property owners and the owners of any property on which any utility or drainage easement may be required in conjunction with the development. Tax parcel numbers for each of these properties shall also be provided. 6. The nature of the land use(s) proposed for the site. 7. The zoning district designation of the parcel(s) proposed for development, and the zoning designation and current land use of adjacent parcels. 8. The names, route numbers and locations of existing and proposed public or private streets, alleys and easements on or adjacent to the site. The center lines or boundary of adjacent rights-of-way shall also be shown. 9. The location, type, and size of site access points such as driveways, curb openings, and crossovers. Sight distances at these access points shall be provided. If existing median cuts will serve the site they shall be shown. If new median cuts are proposed, their location shall also be shown. 10. All proffers accepted pursuant to Section 30-15 shall be shown on the plan. 11. Off-street parking areas and parking spaces including handicapped spaces, loading spaces, 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. 12. The exact location of buildings or structures existing on or proposed for the site, including their setbacks from property lines, and the distance between buildings or structures. Lot and building coverages shall be provided. 13. The number of stories, floor area, and building height of each building proposed. If more than one land use is proposed, the floor area of each land use shall be provided. Floor area shall be calculated on the basis of parking required for the use(s). 14. For residential developments, the type of dwelling unit shall be stated along with the number of units proposed. Where necessary for detennining the number of required parking spaces, the number of bedrooms in each unit shall also be provided. 15. Reserved. 16. The location of proposed or required fire lanes and signs. 8/25/92 ...i ,.... 65" ~ Article V Site Plans 17. The existing topography of the parcel prior to grading, and the proposed finished contours of the 18. Detailed utility plans and calculations shall be submitted for sites for which public water or sewer will be provided or for sites on which existing utilities will be modified. The Director of Utilities shall have the authority to set the standards for such plans. 19. An erosion and sedimentation control plan and detail sheet shall be submitted for site developments involving the grading disturbance of greater than 10,000 square feet or area, or 1,000 cubic yards of material. 20. A detailed stormwater management plan and calculations shall be submitted. The Director of Engineering and Inspections shall determine the requirements for such plans. At a minimum these plans shall contain information that shows: a. Spot elevations of proposed building corners, finished floor elevations, entrances, driveway and parking lot limits, and culvert inverts, b. The benchmark location and USGS elevation, where available. 21. The location of existing and proposed freestanding signs on the parcel. 22. The location and type of proposed exterior site lighting, including height of poles and type of fixtures. 23. The location of any 100 year flood plain and floodwày on the site, and the relationship of buildings I and structures to this floodplain and floodway. See Section 30-74. 24. The location of required or proposed buffer yards, screening, fencing, and site landscaping. The type and size of the plant materials and screening to be used shall be provided. In addition, the relationship of these materials to physical site improvements and easements shall be provided. (B) The Director of Engineering and Inspections may waive the requirement that any of this information be shown on a submitted plan, if in his opinion such information is not necessary to insure conformance with County ordinances or standards. Sec. 30-90-2 Format of Plans (A) Site plans shall be submitted on sheets no greater in size than 30 by 42 inches. A sheet size of 24 by 36 inches is preferred. The scale of the plans shall not be greater than one inch equals 10 feet (1"= 1 0'), or less than one inch equals fifty feet (1"=50'). Plans shall be designed using an engineering scale. The Director of Engineering and Inspections may approve a lesser scale such as 1"=100' provided sufficient detail is provided to insure compliance with all applicable requirements of this Ordinance and any other requirement or Ordinance of the County or Commonwealth. . (B) If more than one sheet is used to supply the information required by this ordinance, sheets shall be numbered, and match lines shall be provided, when appropriate, to clearly indicate where the plans join. (C) Prior to final approval by the County, site development plans shall be sign.ed by the owner or developer of the parcel(s) proposed for development. The signature shall certify that the owner/developer is aware II of the site design requirements imposed by the site development plan and other applicable County codes, and shall further certify that the owner/developer agrees to comply with these requirements. unless modified in accordance with local law. 8/25/92 ~ I I ~ 655 CJ Article V Site Plans Sec. 30-90.3 Administrative Procedures and Requirements. (A) The Director of Engineering and Inspections shall have the administrative authority to establish County procedures for site development plan review and approval. No procedure so established shall set a lesser standard than is legislated in this ordinance. (B) The Director of Engineering and Inspections shall coordinate the County review of any site development plan submitted in accord with County administrative procedures, and shall have the authority to request opinions or decisions from other County departments, agencies or authorities of the Commonwealth of Virginia, or from other persons as may from time to time be consulted. (C) A minimum of six complete sets of site development plans shall be submitted for review. A review fee shall be required for any site development plan submitted. The Director of Engineering and Inspections shall establish procedures for the collection of these fees. (D) The County shall review, and approve or disapprove any site development plan submitted for its review within 45 days of the filing of the plan with the Director of Engineering and Inspections. If an unapproved site development plan is returned to the applicant or other agent of the property owner, due to lack of required information on the plan, or because the design or standards proposed on the site development plan do not meet the provisions of this ordinance or other applicable County standards, the forty-five day time period shall begin again with the resubmittal of the plan to the County. (E) Reserved. (F) Approval of a site development plan pursuant to the provisions of this ordinance shall expire five years from the date of approval in accordance with Section 15.1-475 of the Code of Virginia, as amended, unless building and/or zoning permits have been obtained for the development. (G) No building or zoning permit shall be issued by any County official for any building, structure or use depicted on a required site development plan, until such time as the plan is approved by the County. (H) Reserved. (I) No change, revision, or erasure shall be made on any pending or approved site development plan, nor on any accompanying data sheet where approval has been endorsed on the plan or sheets, unless authorization for such changes is granted in writing by the Director of Engineering and Inspections. The Director shall consult with all applicable departments or agencies prior to approving the change. Sec. 30-90-4 Minimum Standards and Improvements Required (A) Any improvement required by this ordinance, or any other ordinance of Roanoke County shall be installed at the cost of the developer unless other agreements have been reached between the developer, the County, the Virginia Department of Transportation, and/or any other governmental agency. (B) Prior to the approval of a site development plan the applicant shall execute an agreement to construct required or proposed improvements located within public rights-of-way or easements or any such improvement connected to any public facility. The applicant shall also file a performance guarantee with surety acceptable to the County in the amount of the estimated cost of the improvements plus ten percent contingency, as determined by the Director of Engineering and Inspections. The owner's performance guarantee shall not be released until the construction has been inspected and accepted by the County and the Virginia Department of Transportation, as applicable. 8/25/92 ~ "... 65,6 ä Article V Site Plans (C) Proposed lot sizes, buildings or uses shown on site development plans shall conform to the provisions Section 30-23 of this ordinance. (D) Proposed parking areas, travel lanes, access drives and loading spaces shown on site development plans shall be designed, located and constructed in accord with Section 30-91 of this ordinance. (E) Utilities shown on site development plans shall conform to applicable County ordinances, as determined by the Director of Utilities. (F) Stormwater management facilities shown on site development plans shall conform to applicable County ordinances as determined by the Director of Engineering and Inspections. (G) Erosion and sedimentation control plans shall be designed and implemented in accord with the provisions of Chapter 8 of the County code. (H) Proposed exterior site lighting shall be in accord with Section 30-94 of this ordinance. (I) Required buffer yards, screening and/or landscaping shown on site development plans shall be designed and located in accord with Section 30-92 of this ordinance. SEC. 30-91 OFF STREET PARKING, STACKING AND LOADING Sec. 30-91-1 Purpose (A) These regulations are intended to provide off-street parking, stacking and loading facilities in proportion II to the need created by each use. These regulations are intended to provide for accommodation of vehicles in a functionally and aesthetically satisfactory manner and to minimize external effects on adjacent land uses. Sec. 30-91-2 General Regulations for Parking (A) In the AR district and in all Residential districts: 1. Except for vehicles parked within multi-family developments all recreational vehicles, boats, and utility trailers shall be parked behind the front building line, unless space is provided in a completely enclosed garage or other building. Within multi-family developments, boats, recreational vehicles and utility trailers may be parked outside provided a screened storage area is provided. 2. No truck or commercial vehicle exceeding 7,500 pounds gross weight shall be parked overnight, except while loading or unloading on such premises. (8) No recreational vehicle shall be used for living 'or business purposes, or connected to utility services except for maintenance purposes or as otherwise provided for in this Ordinance. (C) All required off-street parking spaces shall be located on the same lot as the structure or use, except under the following conditions: 1. All required parking spaces are on a contiguous lot under the same ownership or in a permanent II parking easement on adjacent property. 8/25/92 ~ I I ""II1II 657 Article V Parking 2. Such required spaces are within 500 feet walking distance of a building entrance or use and such 3. Contiguous lots providing off-street parking for more than one use shall provide sufficient spaces to comply with the parking requirements for all usages. (D) Off-street parking shall be provided for any new building constructed; for new uses or conversions of existing, conforming buildings; or for enlargements of existing structures. (E) For enlargements of existing structures or uses which do not conform to these regulations, required parking must equal the sum of those spaces furnished by the use prior to the enlargement and the number of spaces required by these regulations for any additional use area. Sec. 30-91-3 Spaces for Disabled Parking (A) Generally, the number of non-residential parking spaces reserved for the disabled shall comply with the following table. For additional information, refer to the Virginia Uniform Statewide Building Code. Section 512.00. Total Off-street Parking Required Parking for Disabled Required 1 to 25 26 to 50 51 to 75 76 to 100 101 to 150 151 to 200 201 to 300 301 to 400 401 to 500 501 to 1,000 1,001 and over 1 2 3 4 5 6 7 8 9 2 percent of total 20 plus 1 for each 100 over 1,000 (B) All spaces for disabled parking shall have minimum dimensions of 13 feet by 20 feet. (C) Spaces for disabled parking shall be the closest to a building entrance for which they are provided, and shall be connected thereto by a paved surface with no less than 5 feet of unobstructed width. At no point shall the gradient exceed one foot rise or fall in 20 feet, except in the case of ramps which shall comply with the Virginia Uniform Statewide Building Code. Sec. 30-91-4 Permitted Locations (A) Off-street parking spaces that are located on the ground and open to the sky may be located in any required yard unless otherwise required for screening, buffering, landscaping or other provisions in the County Code. (B) Parking structures and carports shall be subject to the minimum yard and setback requirements applicable in the zoning district in which the structure is located. Sec. 30-91-5 Access 8/25/92 ...i ""'" 658 Article V Parking ,(A) All off-street parking spaces shall provide safe aces are (B) Whenever a development abuts a street which is included in the State System of Primary Highways or a road designed as 'Arterial' in the adopted Roanoke County Transportation Plan. or the latest Statewide Hiohwav Plan. the following conditions shall be met: 1. A reverse frontage and/or combined access concept shall be utilized such that no site has exclusive access to the arterial highway at intervals of less than one access point every 500 feet, measured from the center line of the entrance(s). 2. If reverse frontage or combined access cannot be provided, the site shall be limited to one . exclusive access point, or for shopping centers. one exclusive access point per 500 feet of road frontage. (C) Aisles between rows of parking spaces shall comply with the geometric design standards in Section 207.08 of the Public Street and Parkino Desion Standards and Specif~cations. (D) Parking lot access driveways leading to and from the street where no parking is provided on either side shall meet the following width requirements: 1. For driveways serving 30 or less parking spaces, the minimum width shall be 18 feet, exclusive of curbs. 2. For driveways serving more than 30 parking spaces, the minimum width shall be 20 feet, exclusive of curbs. II 3. For one-way drives specifically designed for only one-way use, the minimum width shall be 10 feet, exclusive of curbs. (E) Whenever parking is proposed adjacent to a structure, an emergency access aisle shall be properly marked in accordance with Chapter 9, Code of the County of Roanoke, Titled Fire Prevention and Protection. Sec. 30-91-6 Construction Standards (A) All off-street parking and stacking areas with 15 or more parking spaces, including aisles, stacking spaces and driveways, except for those required for single family and two family dwellings, shall be constructed and maintained with a Category I surface in accordance with the standards contained in Section 207.01 of the Public Street and Parkino Desion Standards and Specifications. (B) Off-street parking areas, including aisles and driveways may, upon approval of the Administrator, be exempt from this provision if such facilities are for a temporary purpose. However, such areas shall be graveled and maintained in accordance with standards approved by the Administrator. Sec. 30-91-7 Parking Space Dimensions (A) All off-street parking spaces and areas shall comply with the geometric design standards in Section 207.08 of the Public Street and Parkino Desion Standards and Specifications. (8) Where parking spaces lie adjacent to landscaped areas, the paved depth of all stalls may be decreased II by 2 feet to provide for a vehicle overhang area. The vehicle overhang area may not encroach into a required landscaped area or sidewalk 8/25/92 ~ I I ~ Article V *' 5 9 .. Parking (C) Compact Vehicle Parking will be permitted under the following criteria: 1. Compact spaces shall be located in groups of five or more contiguous spaces, be appropriately identified by markings and be located in a manner affording the same convenience as standard spaces. 2. Dimensions for compact space are set forth in Section 207.08 of the Public Street and Parkino Desion Standards and Specifications. 3. If the total parking requirement is 20 to 100 spaces, 25 percent of the spaces may be designated for small/compact car use. 4. If the total parking requirement is more than 100 spaces, 30 percent of the spaces may be designated for small/compact car use. Sec. 30·91·8 General Criteria for DetermIning Parking (A) When a building includes a combination of uses as set forth in this Section, the required parking will be the sum of the required parking for each use. (B) Where the parking requirement for a particular use is not defined in this Section, and where no similar use is listed, the Administrator shall determine the number of spaces to be provided based on requirements for similar uses, location of the proposed use, expected demand and traffic generated by the proposed use, and appropriate traffic engineering and planning criteria and information. Determination of requirements may be appealed to the Board of Zoning Appeals. (C) All references to square feet (sq. ft.) in the parking requirements below shall mean the square feet of gross floor area, unless specifically stated otherwise. (D) All reference to maximum occupancy shall mean the maximum occupancy as determined pursuant to Section 806.0 of the Virainia Uniform Statewide Buildino Code. (E) Where a fractional space results during calculation of required parking, the required number of parking spaces shall be construed to be the next highest whole number. Sec. 30·91·9 Minimum Parking Required USE TYPE PARKING REQUIRED (A) Aoricultural and Forestrv Use Tvpes Agriculture No requirement Commercial Feedlots No requirement Farm Employee Housing 2 spaces per dwelling unit Forestry Operations No requirement USE TYPE PARKING REQUIRED Stable, Private No requirement 8/25/92 ~ "'" 660 Article V Stable, Commercial Wayside Stand (B) Residential Use Tvpes Accessory Apartment Home Beauty/Barber Salon Home Occupation, Type I & Type II Kennel, Private Manufactured Home, Class A Manufactured Home, Accessory Manufactured Home, Emergency Manufactured Home Park Multi-family Dwelling One bedroom units Two and three bedroom units Four or more bedroom units Multi-family elderly housing under long term contract with a government agency Residential Human Care Facility Single Family Dwelling Townhouse One bedroom units Two and three bedroom units Four or more bedroom units Two Family Dwelling USE TYPE (C) Civic Use Tvpes Administrative SelVices l Parking 1 s~ace ~er emilo~ee oJ ~~~~ift, ph I~ 1 6.",\1 ut. Jo u. UI Y ...u t111in ...1 ~ 1 space per 100 sq. ft., 3 spaces minimum 1 additional space 1 space per chair See Section 30-82-3 (B) 5. No requirement 2 spaces per dwelling unit 1 additional space No requirement 2 spaces per dwelling unit 1.5 spaces per dwelling unit I 2 spaces per dwelling unit 2.5 spaces per dwelling unit 1 space per two dwelling unit, plus 1 space per employee on major shift 2 spaces per facility 2 spaces per dwelling unit 1.5 spaces per dwelling unit 2 spaces per dwelling unit 2.5 spaces per dwelling unit 2 spaces per dwelling unit PARKING REQUIRED 3 spaces per 1,000 square feet, plus 1 space II 8/25/92 ~ 661 , _ Article V Parking per vehicle based at facility Cemetery See Schedule B Clubs 1 space per 3 persons based on maximum occupancy Community Recreation See Schedule B Correction Facilities See Schedule B Crisis Center 1 space per 2 persons of residential capacity Cultural Services 1 space per 300 square feet Day Care Center 1 space per employee on major shift, plus 1 spaces per 20 students, plus 1 space for each vehicle associated with facility Educational Facilities, College/University Educational Facilities, Primary/Secondary 1 Family Day Care Home Guidance Services Halfway House Home for Adults Life Care Facility Nursing Home Park And Ride Facility Post Office Public Assembly USE TYPE Public Maintenance And Service Facilities I Public Parks And Recreational Areas 8/25/92 See Schedule B See Schedule B, but no less than one space per employee on major shift, plus 1 space per each 4 students in 11 th and 12th grades 1 space per non-resident employee 1 space per 250 sq. ft. 1 space per 2 persons of residential capacity 1 space per 3 residents, plus 1 space for each employee on major shift See Schedule B 1 space per 3 residents, plus 1 space for each employee on major shift No requirement See Schedule A 1 space per 4 seats or similar accommodations provided PARKING REQUIRED See Schedule A See Schedule B ~ ,... 662 Article V Parking Safety Services Religious Assembly 1 space per 4 seats in principal place of worship Utility Services, Minor No requirement Utility Services, Major See Schedule B (D) Office Use Types Financial Institutions 3.5 spaces per 1,000 sq. ft., plus required stacking spaces General Office 3.5 spaces per 1,000 sq. ft. Medical Office 7 spaces per practitioner, or 1 space per 200 sq. ft., whichever is greater Laboratories 1 space per 1.5 employees based on maximum occupancy load, plus 1 per company vehicle (E) Commercial Use Types Agricultural Services See Schedule A Antique Shops 1 space per 400 square feet Automobile Dealership, New See Schedule A Automobile Dealership, Used See Schedule A Automobile Repair Services, Major 2 spaces per service bay, plus 1 space per employee on major shift Automobile Repair Services, Minor 1 space per 200 square feet, plus 2 spaces per service bay, plus 1 space per employee on major shift Automobile Rental/Leasing See Schedule A Automobile Parts/Supply, Retail Bed And Breakfast See Schedule A 1 space per guest accommodation, plus 2 spaces per permanent residence USE TYPE PARKING REQUIRED Boarding House 1 space per guest accommodation, plus 2 spaces per permanent residence Business Support Services 1 space per 200 sq. ft. Business Or Trade Schools F See Schedule B, but no less than 1 space per 4 students 8/25/92 l I 1 I I ~ ,~6'3 Article V Parking Campgrounds 1 space at each campsite, plus spaces required Car Wash 1 space per employee on major shift, plus required stacking spaces Clinic 3 spaces per examination or treatment room, plus 1 space per employee on major shift including doctors Commercial Indoor Amusement 1 space per 3 persons based on maximum occupancy load Commercial Indoor Entertainment 1 space per 4 seats or similar accommodations, plus 1 space per two employees on major shift Commercial Indoor Sports And Recreation Bowling alley 4 spaces per alley, plus 1 space per employee on major shift Swimming Pool 1 space per 100 sq. ft. of water surface Tennis and Other Court Games 4 spaces per court Other indoor sports 1 space per 3 persons based on maximum occupancy load, plus one space per employee on major shift Commercial Outdoor Entertainment 1 space per 3 persons based on maximum occupancy load, plus one space per employee on major shift Commercial Outdoor Sports And Recreation Miniature Golf 1.5 spaces per hole Swimming Pool 1 space per 100 sq. ft. of water surface Tennis and Other Court Games 4 spaces per court USE TYPE PARKING REQUIRED Commercial Outdoor Sports And Recreation (cont.) Other outdoor sports 1 space per 3 persons based on maximum occupancy load, plus one space per employee on major shift Communications Services 1 space per 300 square feet, plus 1 space per company vehicle 8/25/92 ~ J"" 664 ~ Article V Parking Construction Sales And Services See Schedule A Consumer Repair Services 1 space per 300 square feet Convenience Store 1 space per 200 square feet for 1 st 1,000 sq. ft., plus 1 space for each additional 175 sq. ft., which may include any gas pump spaces provided 5 other spaces are furnished Dance Hall 1 space per 3 persons based on maximum occupancy load, plus one space per employee on major shift Equipment Sales And Rental See Schedule A Funeral HOnle 1 space per 4 seats in main chapel, plus 1 space per 2 employees on major shift, plus 1 space per company vehicle Garden Center See Schedule A Gasoline Station 1 space per employee, plus required stacking spaces Golf Course 50 spaces per nine holes, plus spaces as required for other uses Hospital 1 space per 2 beds, plus 1 space per employee on major shift including doctors Hotel/Motel/Motor Lodge 1 space per guest accommodation, plus 4 spaces per 50 guest rooms, plus spaces as required for other uses Kennel, Commercial 1 space per 500 sq. ft. Laundry 1 space per 300 sq. ft. Manufactured Home Sales See Schedule B USE TYPE PARKING REQUIRED Mini-warehouse 2 spaces for live-in manager, plus 1 space for each employee, plus 2 for the first 100 storage spaces plus 1 for each additional 100 storage units or portion thereof. Pawn Shop 1 space per 300 sq. ft. Personal Improvement Services 1 space per 300 sq. ft. Personal Services 1 space per 300 sq. ft. 8/25/92 ~ I 1 ~ I I ~ 665 .;' Article V Parking Recreational Vehicle Sales ..."d 3êl . ic~ See Schedule A Restaurant, General 1 space per 4 seats, plus 1 space per two employees on major shift; or, with night-time entertainment or non-fixed seating, 1 space per 3 persons based on maximum occupancy load Restaurant, Family 1 space per 4 seats, plus 1 space per two employees on major shift Restaurant, Drive-in Or Fast Food With seats 1 space per 4 seats, plus 1 space per 4 employees on major shift, plus required stacking space Without seats 1 space per 60 sq. ft., plus required stacking space Retail Sales Shopping center 4.4 spaces per 1,000 sq. ft. Furniture, Carpet, and Appliances 1 space per 500 sq. ft. All others 1 space per 200 sq. ft. Studio, Fine Arts See Schedule B Surplus Sales 1 space per 100 sq. ft. of sales area accessible to the public See Schedule B Truck Stop Veterinary Hospital/Clinic 1 space per 300 sq. ft. USE TYPE PARKING REQUIRED (F) Industrial Use Tvpes Asphalt Plant See Schedule B Construction Yards See Schedule A Custom Manufacturing See Schedule A Industry, Type I Industry, Type II See Schedule A See Schedule A 8/25/92 ~ """ 66~ ~, Article V Parking Industry, Type III See Schedule A Landfill, Construction Debris See Schedule B Landfill, Rubble See Schedule B Landfill, Sanitary See Schedule B Meat Packing Industries 1 space per employee on major shift Railroad Facilities See Schedule B Recycling Centers/Stations See required stacking spaces Resource Extraction 1 space per employee on major shift Scrap And Salvage Services See Schedule A Transfer Station See Schedule B Transportation Terminal See Schedule B Truck Terminal See Schedule B Warehousing And Distribution See Schedule A (G) Miscellaneous Use Types Aviation Facilities, Private See Schedule B Aviation Facilities, General See Schedule B Broadcasting Tower 2 spaces per tower Outdoor Gathering See Schedule B Parking Facility, Surface/Structure No requirement Shooting Range, Outdoor See Schedule B Schedule A The schedule sets forth minimum parking requirements for uses with elements having different functions or operating characteristics. Function of Element Reauirement Office or Administrative Activity 1 space per 300 sq. ft. Indoor Sales, Display or Service Area 1 space per 500 sq. ft. Motor Vehicle Service Bays 2 spaces per service bay 8/25/92 ~ I 1 Article V ~ 66'1. Parking Outdoor Sales, Display or Service Area 1 space per 2,000 sq. ft. General Equipment Servicing or Manufacturing 1 space per 1,000 sq. ft. Indoor or Outdoor Storage or Warehousing 1 space per 5,000 sq. ft. Schedule B Specific requirements shall be determined by the Administrator based on requirements for similar uses, location of proposed use, expected demand and traffic generated by the proposed use, and appropriate traffic engineering and planning criteria and information. Determination of requirements may be appealed to the Board of Zoning Appeals. Sec.30-91-10 Stacking Spaces and Drive-Through Facilities (A) Stacking spaces shall be provided for any use having a drive-through facility or areas having drop-off and pick-up areas. The following general standards shall apply to all stacking spaces and drive-through facilities: I 1. Stacking spaces and lanes for drive-through stations shall not impede on and off site traffic movements, shall not cross or pass through off street parking areas, and shall not create a potentially unsafe condition where crossed by pedestrian access to a public entrance of a building. 2. Drive through lanes shall be separ~ted from off-street parking areas. Individual lanes shall be striped, marked or otherwise distinctly delineated. 3. Approach lanes for drive-through facilities shall have the following minimum widths: a. One lane = 12 feet. b. Two or more lanes = 10 feet per lane. 4. All drive-through facilities shall be provided with a bypass lane with a minimum width of 10 feet. 5. Alleys or driveways in residentially zoned areas adjacent to drive-through facilities shall not be used for circulation of customer traffic. (B) Stacking spaces shall be provided as follows: 6. Each stacking space shall be a minimum of 10 feet by 20 feet. 1. 2. I 3. 8/25/92 Financial institutions with drive-through windows: 8 stacking spaces for the first drive-through window and 2 stacking spaces for each additional window. Car wash: 4 stacking spaces per bay/stall for self-service establishments, and 5 stacking spaces per bay/stall for an automated establishment. Drive-In or Fast Food Restaurant: 6 stacking spaces per drive-through window measured from the order board or station. ~ II"'" 66,8 ,;' Article V Parking 4. All other uses: 3 stacking spaces for each window Sec. 30-91-11 Off-Street Loading, Generally (A) General Provisions 1. All required oft-street loading spaces shall be located on the same lot as the structure or use. 2. All oft-street loading spaces and their appurtenant aisles and driveways shall not be reduced in any manner except upon approval by the Administrator when a change in land use or building size reduces the total number of loading spaces required. 3. No loading space or berth shall be located within 40 feet of the nearest point of intersection of the edge of adjoining travelway or the ultimate right of way of adjoining streets. 4. No loading space or berth shall be located within the front yard setback applicable in any agricultural, residential or commercial district. 5. No required oft-street loading area shall be used to meet the space requirement for oft-street parking, and no loading area shall interfere with the free circulation within the oft-street parking area. 6. All oft-street loading space shall have safe and convenient access to a street. If any such spaces are contiguous to a street, the street side of such space shall be curbed. 7. All oft-street loading areas, including aisles and driveways, shall be constructed and maintained with a dustless surface in accordance with construction standards presented in this Ordinance. 8. All oft-street loading spaces shall comply with the geometric standards in this Section. 9. When a building includes a combination of uses as set forth in this section, the required number of loading spaces will be the sum of the required loading spaces for each use. In no case shall the development be required to provide in excess of 5 loading spaces. 10. Where the loading requirement for a particular use is not defined in this Section, and where no similar use is listed, the Administrator shall determine the number of spaces to be provided based on requirements for similar uses, location of proposed use, expected demand generated by the proposed use for loading spaces, and appropriate traftic engineering and planning criteria and information. Determination of requirements may be appealed to the Board of Zoning Appeals 11. All references to square feet (sq. ft.) in the oft-street loading requirements below shall mean the square feet of gross floor area, unless specifically stated otherwise. Sec.30-91-12 Minimum Loading Spaces Required (A) Minimum oft-street loading spaces shall comply with the table below for those uses listed: REQUIRED NUMBER OF LOADING SPACES 8/25/92 ~ I 1 I I .., 669 Article V Parking USES NUMBER OF LOADING SPACES Retail Sales, Personal Services, New and Used Automobile Dealerships, and Restaurants. Up to 15,000 sq. ft. - 1 space; 15,001 to 40,000 sq. ft. = 2 spaces; 40,001 to 100,000 sq. ft. = 3 spaces; 100,001 to 300,000 sq. ft. = 4 spaces; 300,001 to 1.0 million sq. ft. = 5 spaces; 1.0 million sq. ft. and over = 6 spaces. Industrial (Type I and Type II), Warehousing and Distribution. Up to 40,000 sq. ft. = 1 spaces; 40,001 to 70,000 sq. ft. = 2 spaces; 70,001 to 110,000 sq. ft. = 3 spaces; 110,0001 to 160,000 sq. ft. = 4 spaces; 160,001 to 240,000 sq. ft. = 5 spaces; Each additional 200,000 sq. ft. = 1 additional space. General Offices, Financial Institutions, and Medical Offices. Up to 40,000 sq. ft. = 1 space; 40,001 to 100,000 sq. ft. = 2 spaces; 100,001 to 300,000 sq. ft. = 3 spaces; 300,001 sq. ft. and over = 4 spaces. USES NUMBER OF LOADING SPACES Hotel/Motel/Motor Lodge, Hospitals, Nursing Homes, All Commercial Recreational Uses, All Educational Facilities. Up to 100,000 sq. ft. = 1 space; 100,001 to 200,000 sq. ft. = 2 spaces; 200,001 sq. ft. and over = 3 spaces. SEC. 30-92 , SCREENING, LANDSCAPING, AND BUFFER YARDS Sec. 30·92·1 Intent (A) It is the intent of these provisions to: 1. Set minimum standards that will ease the transition between zoning districts of different intensities. 2. Provide visual and noise buffers between certain land uses and adjoining activities. 3. Promote the protection of the natural environment through plantings that absorb gaseous emissions and improve air quality. The requirements of this Section are intended to encourage innovation in landscape and architectural design, and shall be administered with reasonable consideration given this objective. Sec. 30-92·2 Administration (A) These provisions and requirements shall apply to buildings and developments requIring a site development plan pursuant to Section 30-90 of this ordinance. The Board shall also have the authority to apply any of these requirements as a condition of a Special Use Permit approved by the Board. 8/25/92 ~ II"'" 670 Article V Screening & Buffering (B) Landscaping required by this ordinance shall be planted during an opportune planting season, and the site. Required landscaping shall remain alive and in good condition in perpetuity. After the issuance of a final certificate of zoning compliance for a site, it shall be the property owner's responsibility to maintain required screening, landscaping, and buffer yards. (C) These regulations supplement screening, landscaping or buffer yard requirements for specific land uses as may be described in Article IV, Use and Design Standards. Where a conflict may exist between standards, the more stringent standard shall apply. (D) Written decisions of the Administrator regarding these provisions may be appealed to the Board of Zoning Appeals pursuant to Section 30-24 of this ordinance. Appeals shall be made within 30 days of the Administrator's written decision. The approval of a site development plan shall constitute a written decision of the Administrator. Sec. 30·92·3 Standards and Specifications (A) Where buffer yards are required by this ordinance, the following shall apply: 1. Buffer yards shall be reserved solely for screening and landscaping. No proposed building, building addition, structure, parking area or any other type of physical land improvement shall be located in a buffer yard. Notwithstanding the above, a driveway entrance or a public road may cross a buffer yard if it is necessary for safe and convenient access to the building site. 2. When a proposed buffer yard has a variation in elevation of greater than 10 vertical feet at any point, the required screening or landscaping within the yard shall be placed to maximize the effectiveness of the screening or landscaping, as determined by the Administrator. I 3. The maximum slope of any required buffer yard shall be 2:1. (Horizontal: Vertical). Sufficient vegetation and ground cover shall be established and maintained on any slope to ensure stabilization. (B) Where screening is required by this ordinance, the following shall apply: 1. Screening shall be visually opaque, and constructed of a durable material. It shall be installed within a required buffer yard and shall be continuously maintained so as to meet the intent of this Section. 2. Acceptable screening materials include stockade fences, decorative masonry walls, brick walls, and earth berms. Alternative materials may be approved, if in the opinion of the Administrator, their characteristics and design meet the intent and standards of this Section. (C) Where landscaping is required by this ordinance, the following shall apply: 1. Existing vegetation within buffer yards shall be considered as a substitute for otherwise required landscaping, if in the opinion of the Administrator, the type, size, and density of the existing vegetation complies with the following standards and the intent of this Section. 2. Where specified, landscaping materials shall be planted in accordance with the on-center requirements of this Section. If spacing requirements are not specified, required landscaping shall I be arranged within a buffer yard to achieve the intent of this Section. 8/25/92 ~ ~ 671 Article V Screening & Buffering ~ 3. Required evergreen shrubs shall have a minimum height of 18 inches at the time of planting. ;~~~C1s:F~~~~ ~~A~~~:;no~7e~:'iFAAtF\ Þ'mif1ht At Ant If!~~ thAA 6 feet at maturit) They-shall be 4. Required small evergreen trees shall have a minimum height of 5 feet at the time of planting. These trees shall have an ultimate height of not less than 15 feet at maturity. One tree shall be planted for each 15 linear feet of buffer yard. 5. Required large evergreen trees shall have a minimum height of 5 feet at the time of planting. These trees shall have an ultimate height of not less than 50 feet at maturity. One tree shall be planted for each 20 linear feet of buffer yard. 6. Required small deciduous shall be species suitable for planting and growth within a built- environment. Acceptable species shall include dogwoods, bradford pears, and other dwarf varieties. These trees shall have an ultimate height of 15 feet at maturity. One tree shall be planted for each 15 feet of buffer yard. 7. Required large deciduous trees shall have a minimum caliper of one inch at the time of planting. These trees shall have an ultimate height of not less than 50 feet at maturity. One tree shall be planted for each 30 linear feet of buffer yard. Sec. 30-92-4 Applicability of Regulations (A) Requirements for screening, landscaping and buffer yards shall be determined by using Chart 1. I CHART 1 Site Zonina: R-3 R-4 C-1 C-2 1:1 1-2 Adioinina Zonina ~ AG-3 A A B B C C AG-1 A A B C C C AR B B C D D D AV * * B C D D R-1 C C C D D E R-2 B B C C D E R-3 * B C C D E R-4 * * * C D E NC * * * * C C C-1 * * * * C C C-2 * * * * C C The following shall be the requirements for each Type Codes listed in Chart 1. The developer of the I lot shall decide which option applies: 8/25/92 ~ II"'" 672' Article V Screening & Buffering TYPE OPTION 1 OPTION 2 ~ A - 4 foot screening - 7 foot buffer yard - one row of evergreen shrubs B - 4 foot screening - 7 foot buffer yard - small evergreen trees - 15 foot buffer yard - small evergreen trees and one row of evergreen shrubs TYPE OPTION 1 OPTION 2 C - 6 foot screening - 15 foot buffer yard - 25 foot buffer yard - small evergreen trees and one row of evergreen shrubs D - 6 foot screening - 25 foot buffer yard - large and small evergreen trees - 35 foot buffer yard - large evergreen trees, small evergreen trees, and one row of evergreen shrubs E - 8 foot screening - 35 foot buffer yard - large deciduous and large evergreen trees - 50 foot buffer yard - large deciduous trees, large evergreen trees, small evergreen trees, and one row of evergreen shrubs F - 8 foot screening - 50 foot buffer yard - 3 large deciduous trees per 100 feet; 5 large evergreen trees per 100 feet; and 7 small evergreen trees per 100 feet. - 100 foot buffer yard - 6 large deciduous trees per 100 feet; 10 large evergreen trees per 100 feet; and 15 small evergreen trees per 100 feet. I (B) Where a new, expanded, or reconfigured parking area is proposed adjacent to a public street right-of- way, a planting strip shall be established between the parking area and the adjacent right-of-way. The planting strip shall have a minimum width of six feet. Within this planting strip, one large deciduous, large evergreen, or small deciduous tree shall be planted every 30 linear feet along the public street right-of-way. In addition, one evergreen shrub shall be placed in the planting strip every 5 linear feet. (C) New parking areas shall include landscaped medians, peninsulas or planter islands in accordance with the Table below. Such areas shall be planned, designed and located to channel traffic, facilitate stormwater management, and define and separate parking areas and aisles. Each landscaped area shall be planted with small deciduous trees with a minimum caliper of one inch at the time of planting. PERCENT OF INTERIOR LANDSCAPING IN PARKING AREAS Number of Parkinq Spaces 1-1 and 1-2 Districts All Other Districts o to 24 25 to 50 More than 50 o o 5 percent o 5 percent 7 percent I 8/25/92 ~ I I ~ 673 Article V Screening & Buffering Expansion of existing parking areas shall comply with the requirements above if the expansion involves . . . (D) All use types shall be required to screen refuse storage and loading areas from surrounding views. Rooftop mechanical equipment shall be screened. In addition, ground level mechanical equipment shall be screened or landscaped. (E) Commercial and industrial use types shall screen from surrounding views all articles and materials being stored, maintained, repaired, processed, erected, fabricated, dismantled, or salvaged. Articles 'and materials available for retail sale by a commercial use type shall be exempt from this requirement. See, 30-92-5 Modifications (A) Screening, landscaping and buffer yards required by this Section shall be applied equally to all similarly situated properties. Modifications to these standards may be granted in writing by the Administrator if the Administrator finds any of the following circumstances exist on the proposed building site, or surrounding properties: 1. Natural land characteristics such as topography or existing vegetation on the proposed building site would achieve the same intent of this Section; 2. Innovative landscaping or architectural design is employed on the building site to achieve an equivalent screening or buffering effect. 3. The required screening and landscaping would be ineffective at maturity due to the proposed topography of the site, and/or the location of the improvements on the site. 4. The topography of adjacent and surrounding sites is such as to render required screening ineffective at maturity. (B) When the acreage of a site is significantly larger than the area proposed for physical improvements or active usage, buffer yards shall be reserved as required by this Section. However, to achieve the intent of this Section, the Administrator may approve an alternative location and design for required screening and plantings. (C) When property lines abut an adjacent jurisdiction, the Administrator shall determine the specific screening and buffering requirements along that property line(s) after consideration of the zoning designation and/or land use of the adjacent property. Requirements shall not exceed those that would be required for similarly situated/zoned property within the County. (D) When a site plan is submitted to modify or expand an existing building or site improvements, or accommodate a change in land use, buffer yard and screening requirements shall only be applied to those portions of the site that are directly affected by the proposed improvements, or change in land use, as determined by the Administrator. (E) The area of any required buffer yard shall not be required to exceed 10 percent of the site proposed for development. In such cases, the Administrator shall allow the width or location of certain buffer yards to be reduced or eliminated. The Administrator shall require additional landscaping and/or screening within the remaining buffer yards, or elsewhere on the site. 8/25/92 ....4 J"" 674 Article V Screening & Buffering (F) No landscaping or screening shall be required which in the opinion of the Administrator interferes with SEC. 30-93 SIGNS Sec. 30-93-1 Purpose (A) These regulations are intended to define, permit and control the use of signs. They have been established by the Board to achieve the following community goals and objectives: 1. Protect the health, safety, and welfare of the public. 2. Promote the economic growth of Roanoke County by creating a community image that is conducive to attracting new business and industrial development. 3. Distribute equitably the privilege of using the public environs to communicate private information. 4. Permit reasonable legibility and effectiveness of signs and to prevent their over-concentration, improper placement and excessive height, bulk, density, and area. 5. Promote the safety of persons and property by requiring that signs not create a hazard due to collapse, fire, decay, or abandonment. 6. Ensure that signs do not obstruct fire-fighting efforts, and do not create traffic hazards by confusing or distracting motorists or by impairing drivers' ability to see pedestrians, obstacles, or I other vehicles or to read traffic signs. 7. Provide for the reasonable, advertising of business and civic products and services, with recognition of the effects of signage on the character of the community. 8. Control visual clutter, and encourage high professional standards in sign design and display. 9. Establish clear procedures for t~e administration and enforcement of this ordinance. Sec. 30-93-2 Permitted Signs (A) Any sign displayed in Roanoke County shall be comply with: 1. All provisions of the Roanoke County Zoning Ordinance; and, 2. All applicable provisions of the Uniform Statewide Building Code and all amendments thereto; and 3. All state and federal regulations pertaining to the display of signage. (B) If, any two or more sections of the above referenced regulations are in conflict, the provision that provides the most restrictive standard shall apply. Sec. 30-93-3 Exempted Signs I 8/25/92 ~ 1 I I ~ 675 Article V Signs (A) The following signs shall be exempted from regulation, and may be displayed within Roanoke County withotlt obtaillill9 ~i911 pellllil. HU..t:I.t:lI, ;111 uluulduül ~ullllil t>hüll lIu ruuulrud 1m mly !ilnJlI'p.lllllrlnn or incorporating electrical service: 1. Official traffic signs or similar regulatory devices owned, erected and maintained by a duly constituted governmental body. 2. Signs required to be displayed or maintained by law or governmental order, rule or regulation. 3. Memorial tablets or signs, provided they are displayed by a public or quasi-public agency. 4. Directional signs provided that each such sign does not exceed 5 square feet per sign, and no such sign shall contain any advertising matter. 5. . Street address signs, not exceeding 10 square feet in size. 6. Non-illuminated signs, not more than three square feet in area warning trespassers or announcing property as posted. 7. Signs displayed on a truck, bus, or other vehicle while in use in the normal conduct of business. This section shall not be interpreted to permit the parking for display purposes a vehicle to which a sign is attached or the use of such a vehicle as a portable sign. 8. Flags and insignias of any government except when displayed in connection with commercial purposes. 9. On-premises real estate signs in residential or agricultural zoning districts not exceeding 5 square feet in area, or on-premises real estate signs in commercial or industrial zoning districts not exceeding 16 square feet in area. On-premises real estate signs larger than these exempted allowances may be installed as temporary signs in accordance with Section 30-93-8 (8). 10. Clocks that display time and temperature through the use of mechanical means or the controlled display of lights, provided these devices do not display any other message. 11. Political campaign signs provided that they are located outside of the public right-of-way, and are removed within 14 days after the campaign. 12. Signs displayed between Thanksgiving and Christmas associated with the sale of Christmas trees and wreaths. 13. Signs on the inside of establishments, except those signs specified in Sections 30-93-4 (A) 5. and 7., which shall not be excluded. 14. On-premises agricultural product signs associated with the seasonal and/or incidental sale of such products on property where the primary land use is residential or agricultural, provided such signs do not exceed 4 square feet in area. 15. Signs that are displayed by or promote civic, religious, educational or charitable organizations or causes, provided such signs are displayed no longer than 30 days per calendar year. Sec. 30-93-4 Prohibited Signs (A) The following signs are prohibited within Roanoke County: 8/25/92 ~ II"'" 676 . Article V Signs 1. Any sign that due to its size, location, color, or illumination obscures a sign displayed b 2. Any sign that contains or consists of pennants, ribbons, spinners, or other similar moving devices. 3. Any sign, except an official public notice, which is nailed, tacked, posted, or in any other manner attached to any utility pole, or structure supporting wire, cable, or pipe; or to public property of any description. 4. Any sign located within a public right-of-way, except for signs displayed by a duly constituted governmental àuthority. 5. Flashing or revolving lights, or beacons intended to direct attention to a location, building or service, or any similar device otherwise displayed that imitates by its design or use, emergency service vehicles or equipment. 6. Any sign that simulates an official traffic sign or signal, and which contains the words ·STOp·, ·GO·, ·SLOW, ·CAUTION·, ·DANGER·, ·WARNING·, or similar words. 7. Any sign or portion thereof that rotates, or otherwise moves through the use of electrical or wind power. This prohibition does not include the changing of messages on electronic message boards. 8. Signs advertising activities or products that are illegal under federal, state, or county law. 9. Any sign that obstructs any building door, window, or other means of egress. I 10. Any electrical sign that does not display the UL, ETL, CSA, or ULC label, unless such sign is constructed, installed, and inspected in accordance with Section 30-93-9 (B). 11. Signs or sign structures that are erected on, or extend over, a piece of property without the expressed written permission of the property owner or the owner's agent. 12. Any sign that due to its size, location or height obstructs the vision of motorists or pedestrians at any intersection, or similarly obstructs the vision of motorists entering a public right-of-way from private property. Sec. 30·93·5 Sign Permits (A) Except as provided in Section 30-93-3, no sign may be erected or displayed in Roanoke County without an approved sign permit. Applications for a sign permit may be obtained from the Roanoke County Department of Planning and Zoning. Signs that are not visible from a public right-of-way do not have to conform to the provisions of Section 30-93-13, District Reaulatlons, and the square footage of such signs shall not be included when calculating allowable signage on a lot. (B) Any owner of a parcel of land upon which a sign is to be displayed, or any authorized agent of such owner may apply for a sign permit. (C) Every application for a sign permit shall include a sketch of the property indicating the lot frontage. The application shall also indicate the square footage of all existing signs on the property, and the area, size, II structure, design, location, lighting, and materials for the proposed signs. In addition, the Administrator may require that the application contain any other information that is necessary to ensure compliance with, or effectively administer, these regulations. ~ 8/25/92 I I ~ Article V 67 7 ;~ Signs (D) A non-refundable sign permit fee is due and payable with the filing of a sign permit application. More (E) After the issuance of an approved sign permit, the applicant may install and display any such sign or signs approved. Once installed, the Administrator may inspect the sign(s) for conformance with the approved sign permit and this ordinance. If the displayed sign(s), due to size, location, height, or number do not conform to the information on the approved sign permit, or the applicable standards of this ordinance, the Administrator shall notify the applicant in accordance with Section 30-21. (F) Any sign permit issued shall be null and void if any sign for which the permit was issued is not installed in accordance with the permit within 6 months of the date the permit was approved. (G) Maintenance, repair, or restoration of nonconforming signs shall be in accordance with Section 30-93- 11. If the value of such work exceeds 50 percent of its replacement value, it shall only be authorized after the approval of a sign permit application. Sec. 30-93-6 Measurement of Sign Area and Distances (A) Sign area shall be calculated as follows: 1. The area of a suspended, attached, or projecting sign, where the letters, numerals, or symbols are on a sign surface which is hung or affixed to a structure, shall be the total area of the hung or affixed surfaces. 2. The area of an attached sign where the sign consists of words, symbols, or numerals painted on or affixed to a wall, fence, or other building element shall be the entire area within a continuous perimeter enclosing the extreme limits of each word, group of words, symbol, numeral, groups of symbols, or groups of numerals, where the symbols or numbers are meant to be read as a unit. 3. The area of a freestanding sign shall be the total area of all surfaces (excluding poles or other support structures) visible from the public right-of-way. For double or multi-faced signs, only the area of surfaces visible at anyone time, at anyone point on the public right-of-way shall be measured when calculating sign area. 4. The area of monument-type fréestanding signs shall be determined by (1) the size of the copy area, (2) visual breaks in the structural components of the sign, and/or (3) variation in the monuments color scheme. (8) The minimum separation between freestanding signs shall be the shortest distance between two signs, measured in a straight line. (C) In situations where these criteria do not provide guidance in determining sign area or minimum separation the Administrator shall make the determination. Sec. 30-93-7 Calculation of Allowable Sign Area on Corner Lots (A) On corner lots, the front shall be either (a) the side fronting the street providing major access, or (b) the side which the main entrance of the structure faces. In situations where neither of these methods clearly distinguishes the front, the Administrator shall make a detårmination. 8/25/92 ~ II"'" 67 ß Article V Signs (8) For commercial or industrial uses, the front shall not be a primarily residential street. (C) On corner lots where a building or buildings face more than one street, sign area shall be allowed for front lineal footage as indicated in the district regulations, and for one half the side street frontage, provided: 1. The side street does not front on a primarily residential area; 2. Sign area ~s determined by each frontage is placed only on the frontage from which it is determined. Sec. 30-93-8' Temporary Signs (A) Any person wishing to display a temporary sign must apply for a sign permit pursuant to Section 30-93- 5. Except as provided in subsections (8) and (C) below, pertaining to real estate and construction signs, temporary signs shall comply with the following standards: 1. Each business or use on a lot shall be allowed to display a temporary sign a maximum of 4 times per calendar year. No business may display temporary signage for more than 120 days per calendar year. Businesses that wish to display temporary signage in excess of these provisions may apply for a permanent sign permit which shall be evaluated against the applicable district standards. 2. Only one portable sign may be displayed on a lot or at a shopping center, at anyone time. Any portable sign displayed shall have a minimum sign setback of 40 feet from the centerline of any public right-of-way, or 15 feet from any front property line, whichever is greater. I 3. No business or establishment shall display more than two temporary signs simultaneously and the total square footage of any temporary signs displayed at one time shall not exceed 60 square feet. (B) Real estate signs greater than 16 square feet in commercial or industrial zoning districts or greater than 5 square feet in agricultural or residential zoning districts may be installed on a lot provided that each such sign does not exceed 96 square feet in area, and has a minimum sign setback of 15 feet from any public right-of-way. All real estate signs must be removed within 14 days after the property has been sold or leased. (C) On premises construction signs may be installed on active construction sites. No construction sign shall exceed 96 square feet in area Any such sign must have a minimum sign setback of 15 feet from any public right-of-way. All construction signs must be removed from a construction site prior to the issuance of a certificate of zoning compliance for the building or project. Sec. 30-93-9 illuminated Signs (A) Signs may be illuminated either through the use of backlighting or direct lighting provided the following standards are met: 1. Information on any illumination proposed as part of a sign must be provided by the applicant on the sign permit application. II 2. No light from any illuminated sign shall cause direct glare into or upon any building other than the building to which the sign is related. 8/25/92 ~ ~ I I ~ 67 9~· Article V Signs 3. No light from any illuminated sign shall cause direct glare on to any adjoining piece of property, gr any aájoining right of way (8) Any sign containing electrical components shall conform to current UL, ETL, CSA, or ULC standards and display a label from one of these recognized testing labs; or as an alternative, shall be designed and constructed to standards that would allow one of the above referenced labels to be affIXed and thereafter inspected by Roanoke County to insure compliance with these standards. Sec.30·93·10 Projecting and Suspended Signs (A) No projecting or suspended sign shall extend more than 6 feet from any wall or other structure to which it is affixèd, nor shall any such sign have a setback of less than 15 feet from the nearest public right-of- way. (8) The bottom edge of any projecting or suspended sign must be at least 7 feet above the ground if located above any publicly accessible walkway or driveway. (C) No projecting or suspended sign shall project or suspend over an adjoining lot, without the expressed written consent of the adjoining property owner. Sec. 30·93·11 Nonconforming Signs (A) Any sign which was lawfully in existence at the time of the effective date of this ordinance which does not conform to the provisions herein, and any sign which is accessory to a nonconforming use, shall be deemed a nonconforming sign and may remain except as qualified in subsection (C), below. No nonconforming sign shall be enlarged, extended, structurally reconstructed, or altered in any manner; except a sign head may be changed so long as the new head is equal to, or reduced in height, sign area, and/or projection, and so long as the sign is not changed from an on-premises sign to an off- premises sign. (8) The addition of lighting or illumination to a nonconforming sign, shall constitute an expansion of a nonconforming structure, and shall not be permitted under these regulations. (C) Nonconforming signs may remain, provided they are kept in good repair, except for the following: 1. A nonconforming sign which is destroyed or damaged to the extent exceeding 50 percent of its replacement value shall not be altered, replaced or reinstalled unless it is in conformance with these sign regulations. If the damage or destruction is 50 percent or less of its replacement value, the sign may be restored within 90 days of the damage or destruction, but shall not be enlarged in any manner. 2. A nonconforming on-premises sign shall be removed if the structure or use to which it is accessory is destroyed or demolished to the extent exceeding 50 percent of the principal structure's value. 3. Whenever a change of zoning occurs by petition of the owner, contract purchaser with the owner's consent, or the owner's agent upon a lot which contains a nonconforming on-premises sign, such sign shall not be permitted without being modified in such a manner as to be in full compliance with these sign regulations. Sec.30·93·12 Damaged or Neglected Signs 8/25/92 ....1 II"'" '68,0 Article V Signs (A) The Building Commissioner of Roanoke County shall have the authority to order the removal, without health, safety and welfare of the public. Sec. 30-93-13 District Regulations (A) AG-3 and AG-1 Zonina Districts 1. Lots within an AG-3 and .AG-1 districts shall be allowed a maximum signage allocation not to exceed one-quarter (.25) square foot of sign area per 1 lineal foot of lot frontage. 2. The following signs shall be allowed in the AG-3 and AG-1 districts subject to the regulations contained herein: Business Signs Each permitted business shall be allowed a maximum of 50 square feet of sign area, provided that the total signage on the lot does not exceed the allowable maximum as defined in (1) above. Businesses that request sign permits for lots that meet or exceed their allowable sign allocation shall be allowed a maximum of 25 square feet of signage. Identification Signs A maximum of 30 square feet shall be allowed per use. Home Occupation Signs A maximum of 2 square feet shall be allowed per home occupation, or group of home occupations within one home. Historic Site Signs A maximum of 15 square feet shall be allowed per sign. II Temporary Signs Temporary signs shall be allowed in accordance with Section 30-93-8. 3. No freestanding sign shall be allowed on any lot having less than 200 feet of lot frontage. The required minimum separation for freestanding signs on a lot or lots under single ownership or control shall be 250 feet. No freestanding sign shall be located within 15 feet of any other freestanding sign on an adjacent or adjoining lot. 4. Any freestanding sign erected must have a minimum sign setback of 40 feet from the centerline of any public right-of-way, or 15 feet from any front property line, whichever is greater. 5. No freestanding sign shall exceed 15 feet in height. 6. No establishment shall be allowed more than 4 signs. (B) AR. R-1 R-2. R-3. R-4 and R-MH Zonina District Reaulations 1. Lots within AR, R-1, R-2, R-3, R-4, and R-MH districts shall be allowed a maximum signage allocation not to exceed one-quarter (.25) square foot of sign area per 1 lineal foot of lot frontage. 2. The following signs shall be allowed in the AR, R-1, R-2, R-3, R-4 and R-MH districts subject to the regulations contained herein: Business Signs Each permitted business in a residential district shall be allowed a maximum of II 30 square feet of sign area, provided that the total signage on the lot does not exceed the allowable maximum as defined in (1) above. Businesses that request sign permits for lots that 8/25/92 ~ ~ I I ~ 68 1 Article V Signs meet or exceed their allowable sign allocation shall be allowed a maximum of 25 square feet of ~igAAgA Identification Signs A maximum of 30 square feet shall be allowed per use. Historic Site Signs A maximum of 15 square feet shall be allowed per sign. Temporary Signs Temporary signs shall be allowed in accordance with Section 30-93-8, except that portable signs shall be prohibited. 3. No freestanding business sign shall be allowed on any lot having less than 200 feet of lot frontage. The required minimum separation for all freestanding signs on a lot or lots under single ownership or control shall be 250 feet. No freestanding sign shall be located within 15 feet of any other freestanding sign on an adjacent or adjoining lot. 4. Any freestanding sign erected must have a minimum sign setback of 40 feet from the centerline of any public right-of-way, or 15 feet from any front property line, whichever is greater. 5. No freestanding sign shall exceed 10 feet in height. 6. No establishment shall be allowed more than 2 signs. (C) A V Villaae Center and NC Neiahborhood Commercial District Reaulations 1. Lots within A V and NC districts shall be allowed a maximum signage allocation not to exceed one (1) square foot of sign area per 1 lineal foot of lot frontage. 2. The following signs shall be allowed in A V and NC districts subject to the regulations contained herein: Business Signs Each permitted business in A V and NC districts shall be allowed a maximum of 400 square feet of sign area, provided that the total signage on the lot does not exceed the allowable maximum as defined in (1) above. Businesses that request sign permits for lots that meet or exceed their allowable sign allocation shall be allowed a maximum of 25 square feet of signage. Identification Signs Identification signs shall be subject to the same regulations as business signs within this district. Historic Site Signs A maximum of 15 square feet shall be allowed per sign. Temporary Signs Temporary signs shall be allowed in accordance with Section 30-93-8. 3. No on-premises freestanding sign shall be allowed on any lot having less than 100 feet of lot frontage. The required minimum separation for freestanding signs on a lot or lots under single ownership or control shall be 250 feet. No freestanding sign shall be located within 15 feet of any other freestanding sign on an adjacent or adjoining lot. 4. Any freestanding sign erected must have a minimum sign setback of 40 feet from the centerline of any public right-of-way, or 15 feet from any front property line, whichever is greater. 5. No freestanding sign shall exceed 15 feet in height 8/25/92 ~ II"'" 682: Article V Signs 6. No establishment shall be allowed more than 4 signs. (D) C-1 Office District ReQulations 1. Lots within a C-1 district shall be allowed a maximum signage allocation not to exceed one-half (.5) square foot of sign area per 1 lineal foot of lot frontage. 2. The following signs shall be allowed in the C-1 Office District subject to the regulations contained herein: Business Signs Each permitted business in a C-1 district shall be allowed a maximum of 500 square feet of sign area, provided that the total signage on the lot does not exceed the allowable maximum as defined in (1) above. Businesses that request sign permits for lots that meet or exceed their allowable sign allocation shall be allowed a maximum of 25 square feet of signage. Identification Signs Identification signs shall be subject to the same regulations as business signs within this district. Historic Site Signs A maximum of 15 square feet shall be allowed per sign. Temporary Signs Temporary signs shall be allowed in accordance with Section 30-93-8. 3. No on-premises freestanding sign shall be allowed on any lot having less than 100 feet of lot frontage. The required minimum separation for freestanding signs on a lot or lots under single ownership or control shall be 250 feet. No freestanding sign shall be located within 15 feet of any other freestanding sign on an adjacent or adjoining lot. 4. Any freestanding sign erected must have a minimum sign setback of 40 feet from the centerline' of any public right-of-way, or 15 feet from any front property line, whichever is greater. 5. No freestanding sign shall exceed 15 feet in height. 6. No establishment shall be allowed more than 4 signs. (E) C-2 General Commercial District ReQulations 1. Lots within a C-2 district shall be allowed a maximum signage allocation not to exceed one and one-half (1.50) square feet of sign area per 1 lineal foot of lot frontage. 2. The following signs shall be allowed in the C-2 General Commercial District subject to the regulations contained herein: Business Signs Each permitted business in a C-2 district shall be allowed a maximum of 500 square feet of sign area, provided that the total signage on the lot does not exceed the allowable maximum as defined in (1) above. Businesses that request sign permits for lots that meet or exceed their allowable sign allocation shall be allowed a maximum of 25 square feet of signage. Identification Signs Identification signs shall be subject to the same regulations as business signs within this district. Historic Site Signs A maximum of 15 square feet shall be allowed per sign. Temporary Signs Temporary signs shall be allowed in accordance with Section 30-93-8. 8/25/92 ~ ~ II I I I ~ 6'8·3 ~ Article V Signs 3. No on-premises freestanding sign shall be allowed on any lot having less than 100 feet of lot 4. Any freestanding sign erected must have a minimum sign setback of 40 feet from the centerline of any public right-of-way, or 15 feet from any front property line, whichever is greater. 5. No freestanding sign shall exceed 25 feet in height. 6. No establishment shall be allowed more than 5 signs. (F) 1-1 and 1-2 Industrial Zonina District Reaulations 1. Lots within 1-1 and 1-2 districts shall be allowed a maximum signage allocation not to exceed one and one-half (1.5) square feet of sign area per 1 lineal foot of lot frontage. 2. The following signs shall be allowed in the 1-1 and 1-2 districts subject to the regulations contained herein: Business Signs Each business in an industrial zoning district shall be allowed a maximum of 300 square feet of sign area, provided that the total signage on the lot does not exceed the allowable maximum as defined in (1) above. Businesses that request sign permits for lots that meet or exceed their allowable sign allocation shall be allowed a maximum of 25 square feet of signage. Historic Site Signs A maximum of 15 square feet shall be allowed per sign. Identification Signs Identification signs shall be subject to the same regulations as business signs within this district. Temporary Signs Temporary signs shall be allowed in accordance with Section 30-93-8. 3. No on-premises freestanding sign shall be allowed on any iot having less than 100 feet of lot frontage. The required minimum separation for freestanding signs on a lot or lots under single ownership or control shall be 250 feet. No freestanding sign shall be located within 15 feet of any other freestanding sign on an adjacent or adjoining lot. 4. Any freestanding sign erected must have a minimum sign setback of 40 feet from the centerline of any public right-of-way, or 15 feet from any front property line, whichever is greater. 5. No freestanding sign shall exceed 25 feet in height. 6. No establishment shall be allowed more than 5 signs. Sec. 30·93·14 Special Slgnage Districts and Regulations (A) Off·Premlses Signs Off-premises signs shall be allowed in the C-2, 1-1, and 1-2 Districts provided the following location and design standards are met: 1. No off-premises sign shall be located within a 500 foot radius of an existing off-premises sign, or an off-premises sign for which a valid permit has been obtained, but has not yet been erected. 8/25/92 ~ J"" 684 C', Article V Signs 2. No off-premises sign shall be located within 200 feet of any residential zoning district, public 3. No off-premises sign shall be allowed to be installed on any roof structure, nor shall any such sign exceed 35 feet in height above the abutting road. 4. Side by side, dou.ble and multi-decker off-premises signs shall not be permitted. 5. Any off-premises sign must have a minimum sign setback of 40 feet from the centerline of any public right-of-way, or 15 feet from any front property line, whichever is greater. Any off-premises sign shall have a minimum side and/or rear yard setback of 15 feet. 6. The maximum size of any off-premises sign on a lot shall be 378 square feet plus 10 percent for embellishments. (B) Shopping Centers Within shopping center square footage that existed prior to the adoption of this ordinance, new or existing businesses may modify or replace their existing attached signs provided the area of the modified or new signage is equal to or less than the original displayed signage. Modifications to freestanding signs shall be in accord with the district regulations. (C) Planned Developments A signage plan shall be submitted as part of any proposal for a Planned Residential Development (PRD), Planned Commercial Development (PCD), or Planned Industrial Development (PID) as authorized elsewhere in this ordinance. The signage plan shall be part of the required preliminary development plan. All signage plans shall be of sufficient detail to allow the Commission and Board to judge the compatibility of the proposed signage with the character of the proposed PRD, PCD or PID. At a minimum, all signage plans shall provide information on the general II size, location, style, color, and materials of all signs proposed. In evaluating the PRD, PCD or PID proposal, the Commission and Board shall consider the appropriateness of the proposed signage plan in relation to the character of the proposed development, and the surrounding area. (D) Airport Overlay District The allowable height of signs within any established Airport Overlay District shall be governed by the height restriction for that district, or the height restriction imposed by the applicable district regulation, whichever is more restrictive. (E) Lots without Public Street Frontage Lots without public street frontage that existed upon the effective date of this ordinance shall be allowed signage based upon the applicable district regulations as provided for in Section 30-93-13 of this ordinance. Permitted signage shall be calculated based upon the frontage width of the lot that parallels the nearest public street. Sec. 30-93-15 Variances (A) Requests for variances to these sign regulations shall follow the· procedures outlined in Section 30-24 of the Zoning Ordinance. The Board of Zoning Appeals, in considering any variance request, shall follow the guidelines of this section, and Section 15.1-495 of the Code of Virginia, (1950), as amended. The power to grant variances does not extend to an economic hardship related to the cost, size or location of a new sign, or to the convenience of an applicant, nor should it be extended to the convenience of regional or national businesses which propose to use a standard sign when it does not conform to the provisions of this section. SEC 30-94 EXTERIOR LIGHTING II 8/25/92 ~ .~ 685" Article V Signs ~ (A) The following exterior lighting standards shall apply to all uses and developments requiring a site rtøv~lopme'1t plan pll~llant to See 30 90 of this ordir:umc9. 1. All exterior lighting fixtures shall be designed, located and arranged so as not to direct glare on adjoining streets or residential properties. The intensity at adjoining streets or residential properties shall not exceed 0.5 foot candles. (8) All exterior lighting fixtures within residential zoning districts shall be designed, located and arranged so as not to direct glare on adjoining streets or residential properties. The lighting intensity at adjoining residential properties shall not exceed 0.5 foot candles. SEC. 30-100 MISCELlANEOUS Sec. 30-100-1 Plot Plans (A) A plot plan shall be submitted, prior to the approval of a zoning permit, for any new or expanded use or development not requiring a site development plan or a concept plan. Plot plans shall be legibly drawn and shall clearly indicate the area, shape and dimensions of the property proposed for development. All existing easements, natural water courses, and existing and proposed improvements shall also be shown on the plan. The plan shall clearly indicate the minimum distances between existing and proposed uses and all property lines. Proposed access to the property shall also be shown. Sec. 30-100-2 Yard, Setback and Height Requirements I (A) The lot area and yards required for any use or structure shall be permanently maintained, and shall not be counted as the required lot area or yards for any other use or structure. (8) Required yards shall remain free of all uses or structures except for the following: 1. Fences, walls and landscaping shall be allowed in yards provided that sight triangles are maintained per Section 30-100-8. Driveways and parking areas shall also be allowed. 2. Eaves, cornices, window sills, belt courses, bay windows and chimneys may project into a required yard a distance not to exceed 2 feet. Cantilevered building overhangs shall not be allowed to project into a required setback area 3. Patios and stoops shall be allowed within all required setback areas. Decks shall comply with all district setback requirements. 4. Accessory structures shall be allowed in accord with the regulations for such structures. (C) Height limitations contained in Article III and IV of this ordinance shall not apply to barns or silos associated with an agricultural use, church spires, belfries, residential chimneys, flag poles, or residential television antennae, except as may apply in the Airport Overlay District or the Emergency Communications Overlay District. Sec. 30-100-3 Frontage Requirements on Cul-de-sacs (A) The minimum lot frontage on the arc of a cul-de-sac shall be no less than 30 feet in all zoning districts. I See. 31).1 0Q.4 Plpestem Lots; Prohlbftlon of Irregular Lots 8/25/92 . ~ II"'" 686 Article V Miscellaneous (A) On pipestem lots, as defined in Section 30-28, no buildin or structure shall be requirement, shall be that line of the pipe portion of the lot closest to and parallel to the street right-of- way. (8) The creation of irregular lots, as defined in Section 30-28 of this ordinance, shall be prohibited. No lot shall be platted or modified pursuant to the provisions of the Roanoke County Subdivision Ordinance, that due to its geometric characteristics, results in the creation of an irregular lot. Sec.30-100-5 Single Family Detached Dwellings; Number Permitted on a Single Lot (A) Only one single family detached dwelling shall be permitted on any lot. Any existing lot that has two or more single family detached dwellings shall be subdivided in accord with this ordinance, and the subdivision ordinance. Sec.30-100-6 Public Utility Lots (A) Well lots, tank lots, stormwater detention area lots, utility pumping station lots, and similar types of public utility lots may be created in compliance with the terms of this ordinance and the Roanoke County Subdivision ordinance, notwithstanding the frontage, width, area, and other design standards for lots found in Article III of this ordinance. Any such lot proposed for platting, shall be clearly designated on a subdivision plat reviewed and approved by Roanoke County. This plat shall contain notations and covenants that clearly restrict the use of the lot for the above cited purposes. Further, the plat shall clearly indicate that no employment shall be allowed at these lots except for the routine and necessary maintenance of the public facilities. Sec.30-100-7 Corner and Double Frontage Lots, Orientation of Yards I (A) On corner and double frontage lots, the front shall be determined by the Administrator. A rear yard shall always be opposite a front yard. Sec. 30-100-8 Establishment of Sight Triangles (A) To promote visibility for pedestrians and the operators of motor vehicles, a clear sight triangle shall be established at the intersecting right-of-ways of any two public streets. The legs of this sight triangle shall be 20 feet in length. They shall begin at the point of intersection of the two street right-of-ways, and shall extend 20 feet along each right-of-way line. The triangle shall be formed by connecting the endpoints of these two lines. (8) Within this sight triangle nothing in excess of 3 feet in height shall be constructed, placed, or permanently parked. In addition, no vegetative plantings within the triangle shall be allowed to grow to a height of greater than 3 feet. . (C) Nothing in this section shall imply the necessity of removing obstructions within this sight triangle, provided that these obstructions were installed or planted prior to the effective date of this ordinance. Routine trimming of shrubbery violating this height requirement shall be required, if the trimming will not endanger the health of the species. Sec.30-100-9 Location and Design of Fences II (A) Except as provided for in Sections 30-92 and 30-100-8, fences may be constructed in any location, on any lot. 8/25/92 ~ ~ I I ~ 687 Article V Miscellaneous (B) On any lot occupied by a residential use type, fences located in front of the building line shall not exceed four feet in height. Sec. 30-100-10 Standards and Procedures for Review of Condominiums (A) A subdivision plat shall be submitted to Roanoke County for any new residential, commercial or industrial condominium development, including the conversion of any existing development to the condominium form of ownership. This plat shall meet all standards for subdivision plats. Plats shall be rèviewed by the Director of Engineering and Inspections who shall approve the plat provided it meets the provisions of this ordinance and the Roanoke County Subdivision Ordinance. (B) An approved owners' association shall be established for all condominium projects having individually owned structures or units, and common areas and facilities. The purpose of this association is for the provision of upkeep and maintenance of the common areas and facilities. The Director of Engineering and Inspections shall review the provisions of the association to insure compliance with this section. Sec. 30-100-11 Family Exemption; Permitted Locations and Standards (A) As may be otherwise provided for in the Roanoke County Subdivision Ordinance, family exemption subdivisions pursuant to Section 15.1-466 A 12 of the Code of Virginia, as amended, shall be allowed in all agricultural and residential districts, outside of Planned Residential Subdivisions. (B) Such lots shall be exempt from the minimum lot requirements for the district in which it is located, but shall otherwise comply with the following requirements: 1. The lot shall be approved by the Roanoke CountyNinton Health Department for on-site sewage disposal, in accordance with Section 17-6 (F) and 17-10 (I<) of the County Subdivision Ordinance, prior to recordation of the lot. 2. The lot shall conform with the Floodplain Overlay district provisions contained in Section 30-74 of this ordinance. 3. The lot shall be of a size and configuration to allow construction in conformity with minimum setback requirements of the district in which it is located. Sec. 30-100-12 Table of Metric Equivalents (A) The following table shall be used in the calculation of English/Metricequivalents. For standards not contained in this table, extrapolation shall be used. Enolish Standard Metric Eauivalent Unear (feet) Unear (metres) .3048 .9144 3.048 6.096 10.668 13.716 1 3 10 20 35 45 Area (square feet) 7,200 Area (square metres) 668.9 8/25/92 ~ II"'" 688 . Article V Miscellaneous 15,000 29,000 32,670 43,560 65,340 ~:=.~ 3,035.1 4,046.1 6,070.3 ~ 4. That the following transition provisions shall apply for the application and enforcement of the Zoning Ordinance for Roanoke County: a. Until revised official zoning maps are approved by the Board of Supervisors, the zoning district designations and regulations of the adopted and reenacted Zoning Ordinance shall apply to the existing official zoning map designations and districts as provided in the following table: Existinq MaD Reference New Text A-1 RE R-1 R-2 R-3,R-4,R-5,R-6 R-M1{ B-1 5-2,5-3 M-1 M-2,M-3 AG-1 AR R-1 R-2 R-3 R-M1{ C-1 C-2 I-1 I-2 I b. Upon the filing with the County by any owner of real estate of a site development plan, an application for a building permit, final subdivision plat, or' any other plan, plat, or permit required by or under the provisions of the Roanoke County Zoning Ordinance, before effective date of this ordinance, then the provisions of the repealed Zoning Ordinance shall apply to such plan, plat, permit, or application, provided that such plan, plat, permit, or application shall receive final approval by the County on or before the effective date of this ordinance. 5. That this ordinance shall be in full force and effect I from and after December 31,1992. On motion of Supervisor Nickens to approve Option 2 for clarification of Article II, Major Public utilities, as contained ~ I I ~ 689 in memorandum dated 8/25/92 from John Hartley, and carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Minnix, Nickens NAYS: None ABSTAIN: Supervisor Eddy On substitute motion of Supervisor Johnson to adopt the proposed Zoning Ordinance, June 15th draft, wi th amendments of August 21st, and with changes as contained in memorandum dated August 25, 1992 from Lee B. Eddy, and implementation of ordinance to be December 31, 1992, and carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, KOhinke, Minnix, Eddy Supervisor Nickens IN RE: CITIZEN COMMENTS AND COMMUNICATIONS ~ Jimmv Ray ThomDson. 5803 Doqwood Avenue. requested assistance with a soil and erosion problem involving a private contractor and the property adjacent to his. Chairman Eddy requested that Mr. Thompson discuss the situation with Mr. Chambliss and Mr. Mahoney. ~ Harold Winqate clarified an earlier statement he made to the Board during the public hearing on the Zoning Ordinance. IN RE: ADJOURNMENT At 9:40 p.m., Chairman Eddy ¿{VEl} "Chf!4~ meeting declared the adjourned. ~ J"" ~ II II