11/12/2013 - RegularNovember 12, 2013 479
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
The Board of Supervisors of Roanoke County, Virginia met this day at the
Roanoke County Administration Center, this being the second Tuesday and the only
regularly scheduled meeting of the month of November 2013. Audio and video
recordings of this meeting will be held on file for a minimum of five (5) years in the office
of the Clerk to the Board of Supervisors.
IN RE: OPENING CEREMONIES
Before the meeting was called to order an invocation was given by
Reverend Loraine Taylor of Grace Assembly of God. The Pledge of Allegiance was
recited by all present.
IN RE: CALL TO ORDER
taken.
Chairman Altizer called the meeting to order at 3:04 p.m. The roll call was
MEMBERS PRESENT: Chairman Michael W. Altizer; Supervisors Joseph B. "Butch"
Church, Eddie "Ed" Elswick, Richard C. Flora and Charlotte
A. Moore
MEMBERS ABSENT: None
STAFF PRESENT: B. Clayton Goodman III, County Administrator; Daniel R.
O'Donnell, Assistant County Administrator; Richard
Caywood, Assistant County Administrator; Paul M.
Mahoney, County Attorney; and Deborah C. Jacks, Clerk to
the Board
IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Mr. Paul Mahoney, County Attorney added a new business item — E -8 —
Resolution approving a grant application to the Department of Environmental Quality for
restoration of Murray Run Natural Stream — Water Quality Improvement Project at
Ogden Road. There were no objections.
IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
November 12, 2013
1. Proclamation recognizing November 23, 2013 as National
Adoption Day in the County of Roanoke (Joyce Earl, Director of
Social Services)
The Clerk read the proclamation and
proclamation to Joyce Earl. Shannon Brabham,
Adoptions, explained the request for the proclamation
thanks.
IN RE: BRIEFINGS
Chairman Altizer presented the
Family Service Supervisor for
. Each Supervisor offered their
1. Briefing from RCCLEAR to present Climate Action Plan (Anne
Marie Green, Director of General Services)
Ms. Green explained the outline for the briefing and turned the
presentation over to Janet Schied, Chairman of RCCLEAR who presented the Climate
Action Plan.
Supervisor Moore recognized the current and past members of
RCCLEAR.
Supervisor Church reminded the audience to remember what happens
when the grants are gone.
Supervisor Elswick asked with regard to the energy audit; could they find
out if the recommendations were executed. He further added that the Board should
attempt to appoint people with energy backgrounds. He reiterated he felt education
programs are great and suggested a partnership with Virginia Tech.
IN RE: NEW BUSINESS
1. Resolution establishing the Policy for Integrating Bicycling and
Pedestrian Accommodations in Roanoke County transportation
projects (Richard L. Caywood, Assistant County Administrator)
Mr. Caywood outlined the resolution. Supervisor Moore commented more
and more people are using alternative modes of transportation. There was no
discussion.
RESOLUTION 111213 -1 ESTABLISHING THE POLICY FOR
INTEGRATING BICYCLING AND PEDESTRIAN
ACCOMMODATIONS IN ROANOKE COUNTY
TRANSPORTATION PROJECTS
November 12, 2013 481
WHEREAS, the Board of Supervisors finds that bicycling and pedestrian
accommodations are fundamental travel modes and integral components of an efficient
transportation network; and
WHEREAS, the Board of Supervisors recognizes the need to accommodate
these travel modes into the planning, funding, design, construction, operation and
maintenance of the County's transportation network to achieve a safe, effective and
balanced multimodal transportation system; and
WHEREAS, the Commonwealth Transportation Board adopted the policy for
Integrating Bicycles and Pedestrian Accommodations on March 18, 2004; and
WHEREAS, the Board of Supervisors has previously rejected bicycling and
pedestrian accommodations in various transportation projects due to the costs for such
accommodations; and
WHEREAS, the Board of Supervisors desires to reconsider this policy and to
establish a policy integrating bicycling and pedestrian accommodations into all County
transportation projects.
NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. That the Policy for Integrating Bicycles and Pedestrian Accommodations into
all County transportation projects is hereby established; and
2. That this policy shall be in effect from and after the date of its adoption unless
otherwise amended by the Board of Supervisors; and
3. That a copy of this policy is attached to this Resolution and incorporated by
reference.
On motion of Supervisor Moore to adopt the resolution, and carried by the
following roll call and recorded vote:
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
2. Resolution adopting standards of conduct for the Roanoke
County Board of Supervisors (Paul M. Mahoney, County Attorney)
Mr. Mahoney explained that this resolution was brought forward by
Supervisor Moore. He added that he had one change under Section 4, paragraph 4 to
replace the word understand in the first sentence with respect.
Ms. Moore stated that she thinks this Code of Conduct or this standard
reminds us in writing that decisions that we make that we should not only represent our
citizens the best way we possibly can but we also need to understand that whenever
possible we can respect everybody else's opinions too, our citizens and our fellow
Board members. Sometimes when we are passionate about an issue we can lose sight
of that very easily. This is just something in writing that we can all sign and just agree to
respect decisions that we make and to move on and go forward and appreciate other
482 November 12, 2013
people opinions.
Supervisor Elswick stated he would like add if we are going to vote on a
code of conduct he would like to add an item to it; that Supervisors may not propose or
vote on any matter wherein they have an economic interest and a second item that the
Supervisors may not influence employment of personnel into County positions. All the
other items that were in the resolution are things that we currently do and they all make
sense.
Supervisor Moore asked Mr. Mahoney with regard to the economic
interest, we all sign a statement of economic interest and a financial statement every
year that is available to the public and can be obtained through the Freedom of
Information Act and to please explain and also the influence on personnel; she asked
Mr. Elswick to explain a bit further.
Supervisor Elswick stated we may sign those documents and we may
disclose what our interest are, but if we are doing a Code of Conduct that we are going
to live with then he believes that as a Board we should adopt a policy that if we do have
economic interest on the subject that we will agree not to vote on that subject, it is very
simple.
Supervisor Moore inquired on the influence of personnel, as she stated
this is the one she is a bit lost on.
Supervisor Elswick explained as Supervisors, they should not try to get
people that we know, i.e. family members or people we are closely acquainted with
hired into County positions. We ought to leave those decisions up to our County
personnel.
Mr. Mahoney responded with regard to Mr. Elswick's amendment with
respect to economic interests, the General Assembly has adopted some fairly strict
rules concerning economic interests and not only that disqualifying individuals from
voting on matters where they have such interests. Those statutes include some fairly
significant criminal penalties if there were a violation of those statutes. There are
certain limited exceptions to those situations that are set out in the code. He stated he
thinks it is important.
Supervisor Elswick commented he does not care about the General
Assembly or any other organization. If we are saying that this is the Code of Conduct
that we are going to live with, not somebody else's opinion, not any other legality, if we
are adopting a Code of Conduct and we want this to be in it, then we can do that. He
stated he sees no reason why we should not. It does not have anything to do with the
General Assembly or anybody else; it is our own Code of Conduct.
Supervisor Flora stated he really does not a problem with either one of
those amendments. Certainly, the Board of Supervisors members should not try to
influence who gets hired and who doesn't get hired within the County. He just has one
concern. Sometimes, people who file an application for employment will use a Board of
Supervisor member as a reference; not necessarily because they are a Board of
Supervisor member but because maybe they have known them for fifteen or twenty
November 12, 2013 483
years. He stated he does not think that would be considered us influencing. If the
personnel office opts to call us for a reference then we can have our say, but if the
personnel department does not call us, then we would have no input at all. He stated
he would not want employees who do want to have a job with the County to not be able
to use a Board of Supervisor member as a reference. He stated he thinks maybe in his
entire twelve years, it has happened once, but it will not affect him at all because he will
not be here, but he just does not want potential employees hampered. As far as the not
voting on issues with economic interests; it is redundant, but does not have a problem if
we restate it as long as we understand there is a Conflict of Interest Act, which actually
governs what we can do and what we cannot do, but if we want to say that and restate it
he really does not think it is a problem.
Mr. Mahoney responded he is not disagreeing or arguing with Supervisor
Elswick; there is an Act and there are some serious criminal penalties and those
criminal penalties put teeth into those legal obligations that the entire Board has to
meet. This is not a disagreement; and that is the driving force for not only the elected
officials but also, staff members, County Administrator, County Attorney and the various
other public officials that the Board appoints. Many of us have to fill out that Statement
of Economic Interest and if violated there are criminal penalties and you lose your office.
Supervisor Church since we have opened up for questions and we
normally don't question Board members, this entire thing bothers him and would like to
look at item by item. He asked Supervisor Moore, number one, the members agree to
maintain confidentiality regarding matters discussed in Closed Session. The members
agree that the consequences of failing to maintain confidentiality following a Closed
Session could result in harm to the County and public censure. Could she elaborate?
Supervisor Moore responded when she was first elected, she had no
governmental experience whatsoever. She stated she thinks it was actually Supervisor
Church in the very first closed session that you directly said to her that nothing goes out
of Closed Session; that is the rule and that is the way it always has been. We know that
we are not supposed to do that, but if someone gets elected as she did that may not
know that, this is in writing that actually tells them that and that is why she felt it was
important.
Supervisor Church responded in his fourteen plus years, there has been a
couple or three that have come out of Closed Session, of which were a saving grace to
the citizens. In the past, under our previous administrator, we have directors sitting in
this room right now that our previous administrator shared every word of every closed
session, who said it, who talked about it and to his knowledge did not cause any harm
or irreparable damage to Roanoke County or the citizens. This is number one,
something we already do. He questions why we have to have a resolution. This is
factual, provable, directors insisted on wanting to know what happened. That was in the
past and now we are here. Item number two, the members agree to focus on issues
with no personal or verbal attacks or stereotyping of the other members. This is
common sense and something this Board has been doing way before he took office.
484 November 12, 2013
Number three, the members agree to focus on what is "best" for all of Roanoke County
and its citizens and leave partisanship behind. He has to go back to this very Board as
we discussed some proposed property rights from the gentleman from his left, Mr.
Elswick and a couple of questions which came from his right asked the pertinent
question, who decides what is "best." What Supervisor decides what is best for all of
Roanoke County? We are each elected to represent to the best of their ability the best
interests of the citizens in our district and in Roanoke County. What two or three
Supervisors may feel is best for the County may vehemently be disagreed on by any
other Board member here. It does not mean we are attacking, it does not mean that we
have a problem. He has always said that disagreement is healthy if done in the proper
manner. Our citizens did not elect them to be to be robots; they do not expect them to
come in and for example, Bob Johnson, a long -time Supervisor from Hollins stated, "I
can count to three, I always know when I count to three it is all over." Just because
three is reached on this Board or any other Board, does not mean that the other Board
member or members should not speak their heart and their mind and we have always
done it in a professional and courteous manner. As part as leaving partisanship behind,
his comment is that we better start dismantling all the Democrat and Republican parties;
because that is partisan and part of our life. We have partisan politics in every phase of
our life, Roanoke County included. As a matter of fact, we have a brand new majority
coming on this Board with three Republicans. Is that good, bad or indifferent; it is
immaterial, but partisanship is part of the sequence of what we do on a regular basis.
Number four, members agree to listen before judging and to respect the other person's
point of view; we always do that. Number five, the members agree to treat all persons
with respect, courtesy and fairness; we have always done this. Number six, the
members agree to share information that is relevant to matters under consideration by
the Board. This is an item we can talk about. We have failed to do properly because it
depends on partisanship or the three in majority and a perfect example of this particular
resolution. He does not know about the other Board members, but he received his on
Friday afternoon at 6:00 p.m. He did not get a phone call or any advance notice and he
knows that Supervisor Moore would have not done in on Friday. This is the perfect
example, where is the sharing of information. This has happened on everybody's watch
on this Board. Is it right, wrong or indifferent? In the ideal, perfect world we should talk
about every single item that the Chairman and the Administrator put on the agenda, but
if we really want to be in the loop, every Board member should know as soon as that
meeting takes place with the Administrator and the Clerk and the Chairman,
immediately if you want full disclosure. Let's give everybody two weeks, ten days. He
is not pointing fingers, when he was Chairman it happened the same way. It just
happens. So, the question he has is that in his heart of hearts he does not feel the
Board needs a resolution. He stated he showed this information to five citizens that
keep up with Roanoke County government and asked what they thought. Believe it or
not, three of them stated "kindergarten." He advised he smiled and asked them what
they meant and they responded, "This is something kindergarteners would know to do."
November 12, 2013 485
He thanked them for his input, he did not disagree. So, to fast forward to where we are,
he cannot think that this Board would pass this resolution. Three of the people on this
dais are not going to be here, Mr. Flora already stated he is not going to be here. What
are we doing, no matter how mundane, large, or small. What are we doing three weeks
before they take seat acting on a resolution that is iffy at best? There is nothing that
any elected Board member would not already know to do. He has spoken with one
incoming Board member, that person is not happy about it and he does not blame that
person. What is going on? Ironically, one could interpret this as a partisan move.
Someone could say, why are you doing this three to four weeks before the new Board
sits down. Lastly, he would say if you will want to go into a Code of Conduct, we should
take a whole new ballgame and make it in- depth. Let's talk about friends, relationships,
and personnel; whatever you want to talk about. People come and ask for thousands of
millions of dollars, we need to be explicit about everything. If we want to do this, and he
does not think we should, let's not stop at five or six that are generic that we already do.
Chairman Altizer stated he personally believes some local governments
have these; he has researched and there are quite a few that have them. He does not
have a problem with Mr. Elswick's addition of what he put in there. So, it is not like we
are charting new waters contrary to what other governments have done. Some have
and some have not. He guesses the new incoming Board can change it; add to it, etc. if
they wish. It is not like it is new water for local governments even though it may be new
for Roanoke County to have something like this.
Supervisor Church inquired of Mr. Mahoney with regard to what the
Chairman just stated, is that correct, he is not doubting this veracity, but from
parliamentary procedure wise, if this Board passes this can for example, theoretically,
the first meeting in January we just put it on the agenda to revisit or do we fall into the
parliamentary procedure where only a member of the prevailing side can bring this up.
Mr. Mahoney advised there are two different issues as Supervisor Church
pointed out. One is a motion to reconsider and the second is a motion to rescind. In
January, or any time thereafter, any Board member could move to rescind a previous
action. The only time you cannot do that is where the action has already been fulfilled,
i.e. sale of land that had been completed. Supervisor Church reiterated that a Board
member does not have to vote in the affirmative with Mr. Mahoney responding in the
affirmative.
Supervisor Flora commented almost every organization has a Code of
Ethics. He operates under a Code of Ethics in his daytime job, just like Mr. Goodman
operates under a Code of Ethics in the job he does and ethics is sometimes a difficult
thing to get your mind wrapped around, we confuse it a lot with morality and is a whole
lot of difference between ethics and morality. He was at the VACo conference and did a
presentation and ethics was an issue during the presentation. We had a healthy
discussion on ethical conduct in government and thinks most everyone agreed there is
a pretty big void in ethical conduct in government today as opposed to what it used to
be. Ethics is the difference between right and wrong and never changes. Morality has
486 November 12, 2013
changed dramatically the past thirty and forty years. He does not see a problem if it is
something we are already doing, he does not see any problem memorializing it in a
resolution and putting it out there for people to know this is the way we expect our
members to act. We expect them to do the right thing and we expect them to treat
people with respect. We do that. To him, it is just putting down in writing what ought to
be anyway so that anyone down the road can look at it and say this is what is expected
of me, this is the way I am supposed to conduct myself; this is the way I am supposed
to treat other people. To him, he would not be afraid of a resolution even stronger than
this because if you set your own conduct at a high standard then you are going to
expect other people's conduct to be at a high standard also. So, why not go ahead and
memorialize it in the form of a resolution and put that expectation out there and expect
people to live by it.
Supervisor Church stated that it was not that he disagreed with any of the
words here as it is something we are already doing and he strongly questioned why
today, why not 2012, 2013, or earlier in 2010. Today sheds a light that makes one
wonder. It made him think of something, the former Cave Spring Supervisor, "Fuzzy"
Minnix, and we had a hotly contested item, forgets what it was and he looked very
theatrical. He said, "This job is not for sissies." He is not saying anyone is a sissy, but
we are all big men and women, big boys and girls and this statement of "Fuzzy" just
came back to him and he never forgot how he said there. We are not recreating the
atom. He agrees with Supervisor Flora; we should make it harsher, let's put it into
specifics. Who stands where Mr. Mahoney is standing and approaches this Board for
monies, for a position or whatever and if one of us sitting Board members has a
connection then we need to abstain, we need to do the right thing that Supervisor Flora
is talking about. That is what we need to look at, but he thinks we need to look at in
January. He cannot support this because of the timing and the message that it is trying
to send that we do not even do these things that are being proposed. We still do them
already. So, he does not know if this is parliamentary correct, but to go on record, if he
votes yes on the affirmative just so he can ask the County Attorney to place it with the
new Chairman on the January 8 agenda, would that be proper that way we don't miss
it and are sure to be revisit it. Mr. Mahoney responded if that was the direction of the
Board. As a Board member could he vote in the affirmative knowing that will give him a
right to ask for a revisit and let the new Chairman and other Board members make the
decision. Mr. Mahoney responded in the affirmative and stated under the Board's
ordinance, your rules of procedure, any Board member can have an item placed on the
agenda with enough advance notice.
Supervisor Elswick stated Ms. Moore had a reason for bringing this up and
to get in the details of what her concerns were would not be the kind of thing you want
to discuss in public. So, he would recommend that the item be tabled and a discussion
be held in January with the new Board members in closed session. All concerned could
air any issues that might have precipitated Ms. Moore wanting the resolution on the
agenda.
November 12, 2013 487
Supervisor Moore stated in regard and in response to Mr. Church and Mr.
Elswick, she has been trying to get this on the agenda since the summer, this just
happened to be the first day that the agenda was not so full and we could get it on
there. We have had a lot of things going on. She stated she has no personal agenda
with this. As she stated in her opening comment in response to Mr. Church, this is
something we should already be doing; it is something we should do respectfully to
every citizen and to every Board member. As Mr. Church mentioned several things in
reference and another good reason why we should really all sign this. Supervisor
Moore then asked Mr. Mahoney, in reference to the Economic Interest Statement would
he recommend that we add something to this resolution that responds to that or could
we just add an another item 7 that says every Board member shall sign a disclosure
statement and make that part of this, which we do anyway. Mr. Mahoney responded
assuming that the matter went forward to a vote, assuming there was a motion to
approve with a motion to amend by Supervisor Elswick after the Board debate, he was
going to repeat the two items that Supervisor Elswick suggested as an amendment to
make sure, made some notes and was going to ask the Clerk to help him, repeat those
two items to see if he had them accurately noted, but the first item is a motion to table
by Supervisor Elswick and that would take precedence.
Supervisor Church stated things just keep coming back to him, but this is
not brand new, respectfully Supervisor Moore, we have had agendas from the summer
that were so small that we could go home early. We could have put this on five or six or
seven or eight meetings. He advised he just wanted to make that comment.
The motion to table the item was denied by the following roll call and recorded vote:
AYES: None
NAYS: Supervisors Moore, Flora, Church, Elswick and Altizer
Supervisor Church commented he voted no on the table but only on the
fact that it should be brought forward as he intends to support it with a request to revisit.
He stated he does not think it is relevant to table it right now, we need to redo this.
Supervisor Elswick commented the only reason he mentioned it so that
there could be an open and frank discussion for each item that is proposed amongst the
new Board in closed session. Everyone could give their opinions, cite examples of
where we might not have respected each other, and cite other kinds of examples and
not do that sort of thing in public, which is the reason that he suggested it.
Supervisor Moore moved to approve this item with some amendments,
first amending the word understanding to respect, and let Mr. Mahoney and Supervisor
Elswick to add his two amendments and she stated she is curious regarding employees
and people that we know putting in applications because she also thinks that would
maybe not let us get some really good applicants for Roanoke County if people use us
488 November 12, 2013
as a reference if we have known them for a while.
Mr. Mahoney advised that he understands Supervisor Elswick first
amendment would be a Supervisor shall not propose or vote on any matter in which he
or she has an economic interest in violation of the Conflict of Interest Act. Supervisor
Elswick advised it sounds fine to him. Mr. Mahoney stated in regard to item eight, a
Supervisor shall not influence any person into a County position. Supervisor Elswick
reiterated shall not influence the employment of persons into County positions.
Supervisor Church stated he wanted to clarify with Mr. Mahoney in tabling
it, Supervisor Elswick is completely correct there. Remember, Bob Johnson said, "You
can count to three." He knows he can count to three to his right, so he was trying to go
through to the next step. He then asked Mr. Mahoney how he can put into words, let's
say you and I are personal good buddies, really personal and you are coming to this
Board and requested $50,000, $60,000 and you could even work for the County for all
he knows, just suppose for a moment. Now, he would have a personal relationship with
you, is it okay for me to approve your monetary request even though it is not written in
the economic interest; is it morally?
Mr. Mahoney stated he was going to approach it on the basis of is it a
violation of the conflict act in terms of if you say you have a personal interest. An
example that he provided from published attorney general's opinions is where you
would have two attorneys that are partners in a law firm and one of the attorneys serves
on the Board of Supervisors for Roanoke City Council and the second attorney comes
before the Council of the Board and wants to be hired as the City Attorney or County
Attorney or any other matter that the Board would be voting on that would appropriate
funds or sell property; that would be a violation and that Board or Council member, he
or she, would have to abstain from that vote.
Supervisor Church stated let's just say you and I are best golfing buddies,
we do not have a business together, we are personal friends and you are coming and
asking for a vote to appropriate to do something for a favor. Would he need to abstain?
Mr. Mahoney stated that would not be a violation of the conflict act, but in terms of Mr.
Elswick's formulation. Supervisor Church stated he would abstain. He would tell his
buddy, "look, don't even look for me to say a word because we have been playing golf
together forever, we do things together, we go on trips, and I just cannot do this." He
stated that would be his statement to his friend; would I be correct in doing that. Mr.
Mahoney responded in the affirmative.
Supervisor Flora stated this has come up in other parts of the State and
actually there are some rules that apply and it really put the governing body in a bad
situation. For example, if the Regional Commission comes here and asks for money,
there are three members of this Board that serve on the commission in one form or
another; that would eliminate those three people from being able to vote on that
because you cannot help but develop friendships when you serve on a commission for
several years. This happened in another part of the State, Northern Virginia, and they
did not have enough people on their Board of Supervisors to actually vote. So, it is a
November 12, 2013 489
great idea and he can see where you are coming from, but be careful what you wish for
you might get it and it might come back to bite you down the road.
Chairman Altizer stated there was a motion on the floor and debate has
ended. Supervisor Church stated he has a question. Chairman Altizer responded there
was a motion on the floor and it could back and forth on this all day. He advised we
have had a clear debate and debate has ended.
Supervisor Church asked for a motion to end debate; he advised he is not
joking that is a parliamentary motion.
Supervisor Flora called for the question.
Chairman Altizer stated the question has been called for and asked the
Clerk to call the roll.
RESOLUTION 111213 -2 ADOPTING STANDARDS OF
CONDUCT FOR THE ROANOKE COUNTY BOARD OF
SUPERVISORS
WHEREAS, the Board of Supervisors of Roanoke County intends to adopt
standards of conduct to provide guidance to the Board members in the conduct of the
public's business; and
WHEREAS, these standards summarize some of the ethical obligations
undertaken by each Board member upon his or her election to this position; and
WHEREAS, working for the common good of all the citizens of Roanoke County
is the Board's primary goal.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby
adopts the following as standards of conduct to be followed by members of the Board of
Supervisors of Roanoke County in the transaction of public business and in Board
meetings.
1. The members agree to maintain confidentiality regarding matters
discussed in Closed Session. The members agree that the consequences of failing to
maintain confidentiality following a Closed Session could result in harm to the County
and public censure.
2. The members agree to focus on issues with no personal or verbal attacks
or stereotyping of the other members.
3. The members agree to focus on what is "best" for all of Roanoke County
and its citizens and leave partisanship behind.
4. The members agree to listen before judging and to respect the other
person's point of view.
5. The members agree to treat all persons with respect, courtesy and
fairness.
6. The members agree to share information that is relevant to matters under
consideration by the Board.
490 November 12, 2013
7. The members agree not to propose or vote on any matter in which the
member has an economic interest in violation of the Conflict of Interests Act.
8. The members agree not to influence the employment of persons into
Roanoke County positions.
On motion of Supervisor Moore to adopt the resolution, and carried by the
following roll call and recorded vote:
AYES: Supervisors Moore, Flora, Altizer
NAYS: Supervisors Church, Elswick
3. Resolution adopting a legislative program for the 2014 session of
the Virginia General Assembly and petitioning the General
Assembly to favorably consider the topics and issues addressed
herein (Paul M. Mahoney, County Attorney)
Mr. Mahoney outlined the resolution and advised he had left off the
section on Explore Park as with the newly signed lease, did not think it needed to be
added. There was no discussion.
RESOLUTION 111213 -3 ADOPTING A LEGISLATIVE PROGRAM
FOR THE 2014 SESSION OF THE VIRGINIA GENERAL
ASSEMBLY AND PETITIONING THE GENERAL ASSEMBLY TO
FAVORABLY CONSIDER THE TOPICS AND ISSUES
ADDRESSED HEREIN
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has identified
major legislative issues of Statewide concern to be considered by the 2014 session of
the Virginia General Assembly; and
WHEREAS, the Board adopts this resolution as its Legislative Program for the
2014 session of the Virginia General Assembly.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, that the following legislative initiatives are submitted for its legislative
program for the 2014 session of the Virginia General Assembly for its favorable
consideration and adoption.
1) Oppose the elimination of the authority of local governments to adopt Business,
professional and occupation license taxes (BPOL) and machinery & tools taxes
(M &T), unless a comparable locally controlled replacement source of local tax
revenue is authorized to replace the eliminated local tax revenue. These local
taxes comprise approximately six percent (6 %) of Roanoke County's local tax
revenues or $8,000,000 annually.
November 12, 2013 491
2) Support legislation placing the Virginia Comprehensive Services Act's State
Executive Council (SEC) under the Administrative Process Act (Sec. 2.2 -4000, et
seq.) of the Code of Virginia.
The SEC is not currently subject to the procedural due process protections found
in the Administrative Process Act like other state agencies. This would provide
the County with an opportunity to address changes in rules and regulations
developed by SEC that would impact its CSA program.
3) Legal Notices
Roanoke County requests the General assembly to eliminate the requirement for
publication of legal notices in newspapers. Roanoke County spent over $18,000
in legal notice publication costs last year. Paid circulation of newspapers is
dropping. More citizens are getting their information from the internet.
4) Civil Penalties for Local Ordinances (Sec. 15.2 -901)
Amend Sec. 15.2 -901.0 and D of the Code of Virginia to increase the authority of
local governments to impose civil penalties for violations of local ordinances
requiring the removal of trash or cutting of grass and weeds. Currently the civil
penalty is limited to $50 for the first violation and $200 for subsequent violations
within a 12 month period.
5) Delay the Implementation of the Stormwater Regulations and Devolution of
Program Enforcement to Localities.
Less than ten point five percent (10.5 %) of Roanoke County drains into the
Chesapeake Bay. Local governments are struggling to meet the regulatory
deadlines established by the Commonwealth. Prioritizing and dividing regulatory
and enforcement responsibilities among those portions of the Commonwealth
between those localities that drain into the Chesapeake Bay and those that do
not or that have limited impact on the Bay would simplify this complex and costly
transition. Delaying implementation for one year for those localities with less
than eleven percent (11 %) of their land area draining into the Bay would better
enable the Commonwealth and those localities to implement these extensive and
costly regulatory and enforcement requirements.
6) Fully fund the Commonwealth's Obligation to Pay its Portion of is Virginia
Retirement System (VRS) Obligations.
The General Assembly should fully fund its unfunded liabilities in VRS and
restore VRS to an actuarially sound status. Only three times since 1995 has the
General Assembly paid the recommended contribution, while local governments
have fully funded their recommended contributions to VRS.
That the Clerk to the Board of Supervisors is directed to send an attested copy of
this resolution to Governor -elect Terry McAuliffe, Senator John S. Edwards, Senator
Ralph Smith, Delegate Greg Habeeb, Delegate Onzlee Ware, Delegate Chris Head,
Stephanie Moon, Roanoke City Clerk; Members of the Roanoke City Council; Kevin S.
Boggess, Clerk for Salem City Council; Members of the Salem City Council; Clerk for
492 November 12, 2013
the Town of Vinton; Members of the Vinton Town Council and the Roanoke Valley -
Alleghany Regional Commission, and the Virginia Association of Counties.
On motion of Supervisor Altizer to adopt the resolution, and carried by the
following roll call and recorded vote:
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
4. Request to participate in the United Way Bank On Roanoke Valley
(BORV) program (B. Clayton Goodman III, County Administrator)
A- 111213 -4
Mr. Goodman stated under full disclosure that he serves on the United
Way Board and proceeded to outline the request brought to him by Chris Morrell from
Roanoke City.
Supervisor Church commented he had been talking about a personal
relationship; not professional.
Supervisor Elswick remarked that the County donates a lot of money, but
sounds to be beneficial.
Mr. Goodman advised second year funding will require financial reports
and will be done on a quarterly basis.
On motion of Supervisor Moore to approve the staff recommendation, the
motion was carried by the following roll call and recorded vote:
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
5. Resolution authorizing a litter prevention program for Roanoke
County; requesting the Virginia Department of Transportation to
permit the erection of public service signage in the right -of -way
and transferring $7,676 from the Board of Supervisors
Contingency Account to fund this program (Paul M. Mahoney,
County Attorney)
Mr. Richard Caywood, Assistant County Administrator outlined the
resolution to set up this program.
Supervisor Church commented that in our work session, you refer to
people needing to identify themselves; they do not want to be identified Supervisor
Church inquired of Mr. Mahoney if we don't already have litter laws with Mr. Mahoney
responding in the affirmation. Do we have litter laws, are we imposing another layer of
County. He want to know what the County is doing; concentrate on the important areas,
November 12, 2013 493
i.e. gunshots, domestic violence. Stormwater coming up with millions of dollars. People
need to weigh in on this.
Supervisor Elswick stated he hates trash. Cigarettes butts, trash on rural
roads, this is a great resolution; maybe we ought to delay spending on billboards until
we get the program going. He does not think the signs should only be regarding
cigarettes butts, "the world is not your ashtray." If we are going to do it, should be
inclusive. Let's make it all inclusive.
Supervisor Moore stated people don't litter because they want to, they do
it out of habit. We need to educate people. When people throw cigarettes out of their
car windows it causes all kinds of damages, i.e. mulch fires. This resolution is not just
focused on cigarette butts. Responsibility should go back on the Titterer. She stated
she is in full support of this resolution and thanked Lamar for donating their billboards
Supervisor Flora commented we need to do as much as we can to keep
our community clean. Good idea, start small and expand further. This resolution is a
good start.
Supervisor Church stated he is not against a clean valley and is going to
support but feels the cigarette emphasis is limiting; should say the world is not your
trashcan instead of ashtray. He is concerned about what happens when all the citizens
start calling.
Supervisor Elswick thanked Sheriff Winston for his inmate crew and
commented they should be recognized.
Supervisor Altizer stated there are a lot of issues regarding trash; in his
district it is tires. He added you have to start somewhere and be cognizant of the whole
picture.
RESOLUTION 111213 -5 AUTHORIZING A LITTER PREVENTION
PROGRAM FOR ROANOKE COUNTY; REQUESTING THE VIRGINIA
DEPARTMENT OF TRANSPORTATION TO PERMIT THE ERECTION
OF PUBLIC SERVICE SIGNAGE IN THE RIGHT -OF -WAY AND
TRANSFERRING APPROPRIATIONS FROM THE BOARD OF
SUPERVISORS CONTINGENCY ACCOUNT TO FUND THIS PROGRAM
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has identified
the prevention of littering as an important public responsibility, and littering is an
increasing problem in Roanoke County; and
WHEREAS, litter has an adverse effect upon the aesthetics and appearance of
our neighborhoods, streets and public parks, it damages and clogs our storm drains and
storm sewers, it contributes to crime and trespassing, and it creates a public nuisance;
and
WHEREAS, the Board hereby finds that increased enforcement efforts to combat
the litter problem are a valid public purpose to protect the public health, safety and
welfare of the citizens of Roanoke County; and
494 November 12, 2013
WHEREAS, the Board finds that increased public service and informational
advertisements to promote public education about this problem will achieve the goal of
reducing litter in the County; and
WHEREAS, the creation of a Litter Prevention Program is a valid public purpose.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Litter Prevention Program for Roanoke County is hereby
authorized and approved. This program includes a public awareness marketing
campaign including signage at high traffic intersections, signage on County vehicles and
at County facilities, billboard advertising, and the County website. Examples of the
signage are attached as Exhibit 1 to this Resolution.
2. That this Program includes expanded enforcement initiatives to include a
warning letter to citizens (Exhibit 2). Any citizen may report a litter violation to the
County; the Police Department would contact the citizen to verify the report, check DMV
records, and if the facts are consistent, send the warning letter.
3. That the Virginia Department of Transportation (VDOT) is hereby
requested to permit Roanoke County to erect short duration (thirty (30) days or less)
public service informational advertisements in and along the public right -of -way of State
maintained roads in Roanoke County.
4. That these public service informational advertisements shall inform and
educate the public about the problems of littering and the illegal disposal of trash on
public and private property.
5. That each sign location would be reviewed for safety concerns including
sight distance, post design and existing signage.
6. That the transfer of $7,676 from the previously appropriated Board
Contingency account to Parks, Recreation and Tourism to fund this Litter Prevention
Program is hereby authorized.
7. That this Resolution shall be effective from and after the date of its
adoption.
On motion of Supervisor Moore to adopt the resolution, and carried by the
following roll call and recorded vote:
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
6. Resolution waiving fees associated with the installation of "Watch
For Children" signs in the 5600 Block of Route 649, Dry Hollow
Road (B. Clayton Goodman III, County Administrator)
Mr. Goodman outlined the resolution. Supervisor Church thanked the
Board for their support. There was no discussion.
November 12, 2013 495
RESOLUTION 111213 -6 WAVING FEES ASSOCIATED WITH
THE INSTALLATION OF WATCH FOR CHILDREN SIGNS IN
THE 5600 BLOCK OF ROUTE 649, DRY HOLLOW ROAD
WHEREAS, in 1998, the Board of Supervisors adopted policies for the
installation of "Watch For Children" signs on certain secondary streets in Roanoke
County; and
WHEREAS, the policy requires payment of fees totaling $300, to be paid by the
citizen petitioning for the signs; and
WHEREAS, a citizen of Dry Hollow Road approached the Board of Supervisors
on behalf of a neighbor, asking if the fees for the "Watch For Children" signs could be
waived; and
WHEREAS, on behalf of the Catawba Magisterial District Supervisor, in a letter
dated September 24, 2013, County staff asked the petitioner to proceed with all
necessary steps prior to the Board of Supervisors evaluating the fee waiver request;
and
WHEREAS, upon receipt of all necessary documents, the Catawba Magisterial
District Supervisor requests that the Board of Supervisors consider waiving the fees in
the amount of $300.
NOW, THEREFORE, BE IT RESOLVED that Roanoke County Board of
Supervisors hereby waives the fee of $300, for the installation of "Watch for Children"
signs in the 5600 block of Route 649, Dry Hollow Road.
AND, BE IT FURTHER RESOLVED that the County Administrator is authorized
to execute agreements with the Virginia Department of Transportation for the installation
of "Watch for Children" signs.
On motion of Supervisor Church to adopt the resolution, and carried by the
following roll call and recorded vote:
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
7. Resolution authorizing a grant application to the Department of
Environmental Quality for the Glade Creek Natural Stream
Restoration -Water Quality Improvement Project Vinyard Park -
Phase I (Tarek Moneir, Deputy Director of Development)
Mr. Moneir outlined the resolution. Chairman Altizer stated the project
needs to be done and is grateful there is a grant to apply for. There was no discussion.
496 November 12, 2013
RESOLUTION 111213 -7 AUTHORIZING A GRANT
APPLICATION TO THE DEPARTMENT OF ENVIRONMENTAL
QUALITY FOR THE GLADE CREEK NATURAL STREAM
RESTORATION — WATER QUALITY IMPROVEMENT PROJECT
VINYARD PARK — PHASE I
WHEREAS, Glade Creek in Vinyard Park is heavily eroded and this erosion
threatens the County's existing athletic fields and contributes to excessive sediment in
this creek and to the Roanoke River; and
WHEREAS, the Glade Creek Natural Stream Restoration Project would improve
the water quality of the creek, it would stabilize this creek, it would improve water
quality, and would assist the County in meeting its Total Maximum Daily Load
requirements; and
WHEREAS, there is a matching grant opportunity through the Department of
Environmental Quality Virginia Stormwater Local Assistance Fund to improve water
quality in local streams.
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia as
follows:
1. That County staff is directed to submit a grant application to the
Department of Environmental Quality, Virginia Stormwater Local Assistance Fund for
the Glade Creek Natural Stream Restoration at Vinyard Park.
2. That this is a fifty percent (50 %) match grant. The estimated cost for this
project is $949,200. The matching funds from the County are estimated to be
$474 If the County is awarded this grant then the matching funds from the County
would be appropriated in fiscal year 2014 -2015 and fiscal year 2015 -2016.
3. That subsequent action by the Board would be required in order to accept
this grant. If the County is awarded this grant and it is accepted by the Board, then this
project shall be included in the County's Five Year Capital Improvements Program for
review and prioritization.
On motion of Supervisor Altizer to adopt the resolution, and carried by the
following roll call and recorded vote:
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
8. Resolution approving a grant application to the Department of
Environmental Quality for restoration of Murray Run Natural
Stream — Water Quality Improvement Project at Ogden Road
(Tarek Moneir, Deputy Director of Development)
Mr. Moneir outlined the resolution. There was no discussion.
November 12, 2013 497
RESOLUTION 111213 -8 AUTHORIZING A GRANT
APPLICATION TO THE DEPARTMENT OF ENVIRONMENTAL
QUALITY FOR THE RESTORATION OF MURRAY RUN
NATURAL STREAM -- WATER QUALITY IMPROVEMENT
PROJECT OGDEN ROAD
WHEREAS, Murray Run adjacent to Pebble Creek Apartments off Ogden Road
is heavily eroded and H. H. Hunt, the owners of Pebble Creek Apartments, has
approached the County about the possibility of partnering with the County in the
submission for a State grant to assist with stream restoration at this location; and
WHEREAS, the Murray Run Natural Stream Restoration Project would improve
the water quality of the creek, would stabilize this creek, would assist the County in
meeting its Total Maximum Daily Load requirements and possibly provide acquisition
rights for a future greenway extension from Ogden Road to Green Valley Elementary
School; and
WHEREAS, there is a matching grant opportunity through the Department of
Environmental Quality Virginia Stormwater Local Assistance Fund to improve water
quality in local streams.
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia as
follows:
1. That County staff is directed to submit a grant application to the
Department of Environmental Quality, Virginia Stormwater Local Assistance Fund for
the Murray Run Natural Stream Restoration at Pebble Creek Apartments located off
Ogden Road.
2. That this is a fifty percent (50 %) match grant. The estimated cost for this
project is $500,000. H. H. Hunt has agreed to provide the required local fifty percent
(50 %) match of approximately $250,000. The only cost to the County will be staff time
to administer the design and construction contracts and work and grant administration.
3. That subsequent action by the Board would be required in order to accept
this grant. If the County is awarded this grant and it is accepted by the Board, then this
project shall be included in the County's Five Year Capital Improvements Program for
review and prioritization.
On motion of Supervisor Moore to adopt the resolution, and carried by the
following roll call and recorded vote:
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF
REZONING ORDINANCES - CONSENT AGENDA
498 November 12, 2013
1. The petition of Gary and Tamera Tickle to rezone approximately
0.93 acre from C -1, Office, District to C -2, General Commercial,
District and to obtain a Special Use Permit for the operation of a
car wash, located at 1905 Electric Road, Windsor Hills Magisterial
District
Upon motion of Supervisor Elswick to approve the first reading and set the
second reading for December 10, 2013, motion was carried by the following roll call and
recorded vote:
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
2. The petition of Roanoke County Board of Supervisors to rezone
approximately 0.5 acre from R -1, Low Density Residential, District
to C -2, General Commercial, District, located at 3319 and 3323
Westmoreland Drive, Cave Spring Magisterial District
Upon motion of Supervisor Moore to approve the first reading and set the
second reading for December 10, 2013, motion was carried by the following roll call and
recorded vote:
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
Chairman Altizer called a ten minute recess at 4:43 p.m. and called the
meeting back into session at 4:55 p.m.
IN RE: FIRST READING OF ORDINANCES
1. Ordinance appropriating funds in the amount of $1,179,050.50 and
presenting the results of operations for the fiscal year ended June
30, 2013 (Due to time constraints, it is requested that, upon a
four - fifths vote of the Board, the second reading be waived and
the ordinance adopted as an emergency measure.) (Rebecca
Owens, Director of Finance)
Ms. Owens outlined the ordinance and thanked County staff for the work
associated with the budget. There was no discussion.
November 12, 2013 499
ORDINANCE 111213 -9 APPROPRIATING FUNDS IN THE
AMOUNT OF $1,179,050.50 AND PRESENTING THE RESULTS
OF OPERATIONS FOR THE FISCAL YEAR ENDED JUNE 30,
2013
WHEREAS, KPMG LLP completed their audit of the financial operations of the
County of Roanoke for the year ended June 30, 2013; and
WHEREAS, a work session was held with the Board of Supervisors on October
22 2013 to review the financial results for the County of Roanoke for the year ended
June 30, 2013; and
WHEREAS, general fund revenues were $978,954 above budget and will allow
the County of Roanoke to allocate $194,239 to the Unappropriated Balance and
$784,715 to the Major Capital Reserve by policy and budget ordinance 052813 -2; and
WHEREAS, expenditure savings were $3,665,481 and will allow $658,144 to be
transferred to the Minor Capital Reserve, $615,591 for department rollovers, $418,145
for encumbrances, and $1,220,351.60 for expenditures that will occur in the 2013 -2014
fiscal year by policy and budget ordinance 052813 -2; and
WHEREAS, a Technology Reserve will be established and $200,000
appropriated from year -end funds; and
WHEREAS, security improvements at the Roanoke County Administration
Center will be implemented and $100,000 appropriated from year -end funds; and
WHEREAS, additional funding for the Regional Center for Animal Control and
Protection (RCACP) to cover anticipated budget overages in the amount of $50,000 will
be appropriated from year -end funds; and
WHEREAS, the Flex Leave Cash Out Program for employees will allow up to 80
hours cash out during 2013 -2014 and $231,717.99 will be appropriated from year -end
funds for this purpose and anticipated termination benefits; and
WHEREAS, funds from the year -end balance from Library Services and
Assistant County Administrator budgets will be appropriated to the Vinton Library
Project in the amount of $171,531.51; and
WHEREAS, the South County Library project will be closed out and remaining
funds of $275,801 be appropriated to the Vinton Library Project; and
WHEREAS, it is anticipated that the Glenvar Library Project will have remaining
funds of which $150,000 will be appropriated to the Vinton Library Project with $75,000
transferred now and upon completion of the project the remaining $75,000 transferred
to the Vinton Library project; and
WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be
appropriated by ordinance; and
WHEREAS, this is an emergency measure due to the fact that this item is closing
out the fiscal year 2012 -2013 and the second reading of this ordinance has been
dispensed with by an affirmative vote of four - fifths of the Board of Supervisors.
500
November 12, 2013
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the sum of $1,179,050.50 is hereby appropriated for the purposes as
follows:
Department
Asst County Administrator
Library
Unallocated Costs (EE Benefits)
RCACP
Security Roanke County Administration Center
Technology Reserve
South County Library Project
Glenvar Library Project
Amount
Pu
$60,077.82 100% Rollover for Vinton Library Project
$111,453.69 100% Rollover to Vinton Library Project
$231,717.99 Unallocated salary savings - to cover termination benefits and
to cover Flex Leave Program
$50,000.00
To cover FY13 overage and additional FY14 budget
$100,000.00
Security recommendations for the RCAC
$200,000.00
Establish Technology Reserve
$275,801.00
Vinton Library Project
Vinton Library Project- Transfer $75,000
now and the remaining $75,000 once
$150,000.00
the Glenvar project is completed
Total Prior Approvals $1,179,050.50
2. That this ordinance shall take effect from and after the date of adoption.
On motion of Supervisor Altizer to adopt the ordinance, and carried by the
following roll call and recorded vote:
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
2. Ordinance accepting and appropriating $2,760.11 from the
Federal Emergency Management Agency and the Virginia
Department of Emergency Management for reimbursement of
expenditures related to the June 2012 Derecho storm (Joey
Stump, Division Chief)
Mr. Stump outlined the ordinance. There was no discussion.
November 12, 2013 501
Upon motion of Supervisor Moore to approve the first reading and set the
second reading for December 10, 2013, motion was carried by the following roll call and
recorded vote:
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
3. Ordinance accepting and appropriating $96,906 to Roanoke
County Public Schools for various grants (Rebecca Owens,
Director of Finance)
Ms. Owens outlined the ordinance. There was no discussion.
Upon motion of Supervisor Altizer to approve the first reading and set the
second reading for December 10, 2013, motion was carried by the following roll call and
recorded vote:
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
4. Ordinance appropriating funds in the amount of $100,000 from the
Virginia Recreational Facilities Authority to Roanoke County
Parks, Recreation and Tourism for Building and Park
Improvements at Explore Park (Doug Blount, Director of Parks,
Recreation and Tourism)
Chairman Altizer commented this was the beginning of a revenue stream
for Explore Park. There was no discussion.
Upon motion of Supervisor Altizer to approve the first reading and set the
second reading for December 10, 2013, motion was carried by the following roll call and
recorded vote:
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
5. Ordinance amending Section 15 -10. Behavior of the Roanoke
County Code to permit the use, consumption or possession of
alcoholic beverages at Roanoke County facilities (Doug Blount,
Director of Parks, Recreation and Tourism; Paul M. Mahoney,
County Attorney and Diana Rosapepe, Director of Libraries)
502 November 12, 2013
Mr. Blount outlined the ordinance. Mr. Mahoney and Ms. Rosapepe were
in attendance to answer any questions. Supervisor Church cautioned staff to be very
strict. Supervisor whose area is in be notified upon receipt of application. There was no
discussion.
Upon motion of Supervisor Moore to approve the first reading and set the
second reading for December 10, 2013, motion was carried by the following roll call and
recorded vote:
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
6. Ordinance accepting and appropriating a grant in the amount of
$5,172 from the Virginia Department of Fire Programs for the
repair of the existing burn building (Richard E. Burch, Jr. Chief of
Fire and Rescue)
Division Chief Joey Stump advised he was filling in for Chief Burch
outlined the need for the ordinance. There was no discussion.
Upon motion of Supervisor Flora to approve the first reading and set the
second reading for December 10, 2013, motion was carried by the following roll call and
recorded vote:
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
7. Ordinance repealing Section 18 -64 and Section 22 -71 of the
Roanoke County Code and adopting new Section 18 -64
"Connections to public or private sewers" and Section 22 -71
"Connection required" (Paul Mahoney, County Attorney)
Mr. Mahoney outlined the request for the ordinance. Chairman Altizer
stated this had originated in his district. There was no discussion.
Upon motion of Supervisor Altizer to approve the first reading and set the
second reading for December 10, 2013, motion was carried by the following roll call and
recorded vote:
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
8. Ordinance appropriating funds in the amount of $116,000 from
the Minor Capital Reserve to General Services for the renovation
of the Magistrate's Office at the Roanoke County /Salem Jail (Due
November 12, 2013 503
to time constraints, it is requested that, upon a four - fifths vote of
the Board, the second reading be waived and the ordinance
adopted as an emergency measure.) (Anne Marie Green, Director
of General Services)
Ms. Green outlined the need for the ordinance and the need for the
waiving of the second reading. There was no discussion.
ORDINANCE 111213 -10 APPROPRIATING FUNDS IN THE
AMOUNT OF $116,000 FROM THE MINOR CAPITAL RESERVE
TO GENERAL SERVICES FOR THE RENOVATION OF THE
MAGISTRATE'S OFFICE AT THE ROANOKE COUNTY /SALEM
JAIL
WHEREAS, the Magistrate for the Twenty -third (23 Judicial Circuit has two (2)
offices, one of which is located in the Roanoke County /Salem Jail; and
WHEREAS, for several years, the County has been identifying ways to renovate
the office in order to provide more space for equipment, two (2) hearing areas and a
secure rest room facility; and
WHEREAS, during the past six (6) months, the General Services Department
has been working with the Sheriff Department and the Chief Magistrate, along with
Virginia A &E, to create a workable solution, given the space constraints in the lobby in
the jail; and
WHEREAS, the project was put out to bid and the lower responsible bid for
construction received was $148,000; and
WHEREAS, due to the anticipated difficulty of the project a contingency of
$52,000 is recommended; and
WHEREAS, total project costs with contingency are estimated at $200,000; and
WHEREAS, funds in the amount of $84,000 are currently appropriated to the
project; and
WHEREAS, the remaining funds for the project in the amount of $116,000 are
available for appropriation in the minor capital reserve: and
WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be
appropriated by ordinance; and
WHEREAS, this is an emergency measure due to the time constraints imposed
by the bid process and the second reading of this ordinance has been dispensed with
by an affirmative vote of four - fifths of the Board of Supervisors.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows
1. That the sum of $116,000 is hereby appropriated from the minor capital
reserve to the Department of General Services for the renovation of the Magistrate's
Office at the Roanoke County /Salem Jail.
504 November 12, 2013
2. That this ordinance shall take effect from and after the date of adoption.
On motion of Supervisor Church to adopt the ordinance, and carried by the
following roll call and recorded vote:
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
IN RE: SECOND READING OF ORDINANCES
1. Ordinance authorizing the abandonment of an existing cross
access easement, the granting a new cross access easement, and
the acceptance of a stormwater management and drainage
easement — Glenvar Library and Richfield Retirement Community
(Paul M. Mahoney, County Attorney)
Mr. Mahoney outlined the request for the ordinance and advised there had
been no changes from first reading.
ORDINANCE 111213 -11 AUTHORIZING THE ABANDONMENT
OF AN EXISTING CROSS ACCESS EASEMENT, THE
GRANTING OF A NEW CROSS ACCESS EASEMENT, AND THE
ACCEPTANCE OF A STORMWATER MANAGEMENT AND
DRAINAGE EASEMENT - GLENVAR LIBRARY AND RICHFIELD
RETIREMENT COMMUNITY
WHEREAS, by deed of exchange of easements dated December 19, 1996, and
recorded in the Roanoke County Circuit Clerk's Office in Deed Book 1529, page 1305,
the County and Richfield Retirement Community conveyed certain easements to each
other; and
WHEREAS, due to the expansion and reconstruction by Roanoke County of the
Glenvar Library, the County and Richfield Retirement Community entered into an
agreement dated December 1, 2011, which provided that Richfield would relinquish its
easement rights to use the "New Twenty -Four foot (24') Cross Access Easement"
granted by the above mentioned deed of easement and upon completion of the
expansion and reconstruction of the Glenvar Library, the County would convey to
Richfield a new access easement; and
WHEREAS, further the agreement provided that Richfield would convey to the
County a stormwater management easement on its property identified as Tax Map
#55.09 -01- 20.02; and
WHEREAS, the abandonment of the above mentioned cross access easement
and the granting of a new cross access easement to Richfield Retirement Community
and the acceptance of a stormwater management and drainage easement from
November 12, 2013 505
Richfield Retirement Community will serve the interests of the public and is necessary
for the public health, safety and welfare of the citizens of Roanoke County.
THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That pursuant to the provisions of Section 18.04 of the Roanoke County
Charter, the acquisition and disposition of real estate can be authorized only by
ordinance. A first reading of this ordinance was held on October 22, 2013, and the
second reading and public hearing of this ordinance was held on November 12, 2013.
2. That pursuant to the provisions of Section 16.01 of the Roanoke County
Charter, the interest in real estate to be conveyed is hereby declared to be surplus, and
is hereby made available for other public uses by conveyance to Richfield Retirement
Community for a cross access easement.
3. That conveyance to Richfield Retirement Community of "Twenty -four foot
(24') Cross Access Easement" to replace the hereby abandoned "Shaded Portion of
Existing Twenty -Four foot (24') Cross Access Easement (PB 19, PG 86) To Be
Abandoned" all as shown on a plat titled "Easement Plat for Tax Map #55.13 -01 -02.02
& Tax Map #55.09 -01 -20.02 for the Roanoke County Board of Supervisors," prepared
by Thompson & Litton and dated September 18, 2013, is hereby authorized and
approved.
4. That acceptance from Richfield Retirement Community of a "Proposed
Stormwater Management and Drainage Easement" located on Tax Map 55.09 -01 -20.02
as shown on the above mentioned easement plat is hereby authorized and approved.
5. That the County Administrator, or any Assistant County Administrator, is
hereby authorized to execute such documents and take such further actions as may be
necessary to accomplish this conveyance, all of which shall be on form approved by the
County Attorney.
6. That this ordinance shall be effective on and from the date of its adoption.
On motion of Supervisor Church to adopt the ordinance, and carried by the
following roll call and recorded vote:
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
IN RE: CONSENT AGENDA
Supervisor Moore asked that item 3 be removed to be considered at the
evening session under new business, item R.1. There was no discussion or objections.
RESOLUTION 111213 -12 APPROVING AND CONCURRING IN
CERTAIN ITEMS SET FORTH ON THE BOARD OF
506 November 12, 2013
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS
ITEM J- CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
That the certain section of the agenda of the Board of Supervisors for November
12, 2013, designated as Item J - Consent Agenda be, and hereby is, approved and
concurred in as to each item separately set forth in said section designated Items 1
through 8 inclusive, as follows:
1. Approval of minutes — October 8, 2013
2. Resolution expressing the appreciation of the Board of Supervisors of
Roanoke County to Sharon I. Reynolds, Lead Communications Officer, upon
her retirement after twenty -seven (27) years of service
3 . i i Donation of a nolino dog to the Roanoke County Dnlino Department
v
4. Request to approve the revised Parks, Recreation and Tourism Advisory
Commission Bylaws
5. Confirmation of appointments to the Parks, Recreation and Tourism Advisory
Commission
6. Request to change the Employee Handbook - Flexible Leave Program (FLP)
Cash -In Policy
7. Resolution amending the Policy for Use of Unexpended Appropriations at
Year End
8. Resolution amending the policy for Roanoke County Capital Reserves to
include the Technology Reserve
On motion of Supervisor Altizer to adopt the resolution, and carried by the
following roll call and recorded vote:
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
RESOLUTION 111213 -12.a EXPRESSING THE APPRECIATION
OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY
TO SHARON L. REYNOLDS, LEAD COMMUNICATIONS
OFFICER, UPON HER RETIREMENT AFTER TWENTY -SEVEN
(27) YEARS OF SERVICE
WHEREAS, Sharon L. Reynolds was hired on August 1, 1986, and has worked
as a Dispatcher, Communications Officer, Communications Officer II and a Lead
Communications Officer during her tenure with Roanoke County; and
WHEREAS, Ms. Reynolds retired on November 1, 2013, after twenty -seven (27)
years of devoted, faithful and expert service with the County; and
November 12, 2013 507
WHEREAS, during her time serving Roanoke County, Ms. Reynolds, who began
her career working for the Sheriff before there was a 911 system in Roanoke, has
supported both citizens and first responders through fire, floods, and earthquakes as the
calm reassuring voice behind the radio and telephone. Ms. Reynolds has been a trainer
and mentor to a whole new generation of Communications Officers, participating in their
selection and both classroom and on- the -job training. Her knowledge and
professionalism have been recognized by her peers, police and fire; and
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County, Virginia expresses its deepest appreciation and the appreciation of
the citizens of Roanoke County to Lead Communications Officer SHARON L.
REYNOLDS for twenty -seven (27) years of capable, loyal and dedicated service to
Roanoke County; and
FURTHER, the Board of Supervisors does express its best wishes for a happy
and productive retirement.
On motion of Supervisor Altizer to adopt the resolution, and carried by the
following roll call and recorded vote:
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
A- 111213 -12.b
A- 111213 -12.c
A- 111213 -12A
RESOLUTION 111213 -12.e AMENDING THE POLICY FOR THE
USE OF UNEXPENDED APPROPRIATIONS AT YEAR END
WHEREAS, as a result of frugal management practices at both the departmental
and administrative levels of County government, various County departments have
completed the fiscal year with actual expenditures being less than budget
appropriations; and
WHEREAS, the Board of Supervisors has previously adopted Resolution
042396 -5 on April 23, 1996, establishing the Policy for the Use of Unexpended
Appropriations at Year End; and
WHEREAS, the Board of Supervisors amended this policy by adopting
Resolution 122104 -4 on December 21, 2004, to fund capital reserves and to provide
incentives to reduce annual expenditures below appropriations while maintaining the
high quality delivery of public services; and
WHEREAS, the Board of Supervisors desires to amend this policy to establish a
funding source for the Technology Reserve, while still maintaining funding for Capital
Reserves and providing incentives to reduce annual expenditures below appropriations.
508 November 12, 2013
NOW THEREFORE, BE IT RESOLVED, by the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. That the Policy for the Use of Unexpended Appropriations at Year End is
hereby amended as follows; and
2. That this amended policy shall be in effect for the unencumbered expenditure
savings from fiscal year 2013 -2014, and the subsequent fiscal years unless
otherwise amended by the Board of Supervisors; and
3. That this policy change shall take precedent over existing language in Item #6
of budget ordinance 052813 -2 for fiscal year 2013 -2014
On motion of Supervisor Altizer to adopt the resolution, and carried by the
following roll call and recorded vote:
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
RESOLUTION 111213 -12.f AMENDING THE POLICY FOR
ROANOKE COUNTY CAPITAL RESERVES TO INCLUDE THE
TECHNOLOGY RESERVE
WHEREAS, one of the measures of a fiscally well managed locality is the
adoption of formal fiscal policies; and
WHEREAS, the Board of Supervisors recognizes the need to fund capital
projects, including technology projects; and
WHEREAS, it is important to the Board of Supervisors to fund some capital and
technology projects on a pay -as- you -go basis; and
WHEREAS, the Board of Supervisors has previously adopted Resolution
122104 -3 on December 21, 2004, establishing a Policy for Capital Reserves; and
WHEREAS, the Board of Supervisors desires to amend this policy to establish a
Technology Reserve.
NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of Roanoke
County, Virginia, as follows;
1. That the Policy for Roanoke County Capital Reserves is hereby amended as
follows; and
2. That this policy shall be in effect for fiscal year 2013 -2014, and the
subsequent fiscal years unless otherwise amended by the Board of
Supervisors; and
3. That this policy change shall take precedent over existing language in Item #6
of budget ordinance 052813 -2 for fiscal year 2013 -2014
On motion of Supervisor Altizer to adopt the resolution, and carried by the
following roll call and recorded vote:
November 12, 2013 509
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS
The following citizens spoke:
Susan Edwards stated she is from the Glenvar area of Catawba
Magisterial District. She has requested to speak to the Board this evening specifically
because she has concerns about Item E — New Business, Part 2 regarding the
resolution adopting Standards of Conduct for the Roanoke County Board of
Supervisors. She stated there was considerable discussion on that matter and some of
those things came to light in that discussion. Her particular concern was the timing of
this in bringing this forward by the Board; not that there is a problem with establishing
Board Standards of Conduct, but knowing that three of the Board's five members would
be leaving the Board at the end of this year. She questioned that this Board should be
adopting specific standards of conduct. Of course, the Board is basing this on its
experience in being Board members and it is encouraging to pass on wisdom and
experience to new Board members as they come to the Board, however, she did initially
in reading this question why this Board was brining this up. But having heard our
County Attorney's comments in the discussion regarding the new Board being able to
bring this back up and see if maybe they would want to reword anything, revisit the code
of conduct that was passed this evening. She stated she was pleased they will have
that opportunity and she thinks holding a Code of Conduct for Board members is always
a good statement of ethical standards to be brought before a governing Board for the
citizens. She thanked the Board for its service and the opportunity for comment.
IN RE: REPORTS
Supervisor Flora moved to receive and file the following reports. The
motion carried by the following recorded vote:
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
1. General Fund Unappropriated Balance
2. Capital Reserves
3. Reserve for Board Contingency
4. Report of Claims Activity for the Self- Insurance Program
5. Quarterly Report— Community Development Activities
IN RE: CLOSED MEETING
510 November 12, 2013
At 5:30 p.m., Supervisor Altizer moved to go into closed meeting following
the work sessions pursuant to the Code of Virginia Section 2.2 -3711 A 29. Discussion of
the award of a public contract for road construction involving the expenditure of public
funds and discussion of the terms or scope of such contract, where discussion in open
session would adversely affect the bargaining position or negotiating strategy of the
County.
The motion carried by the following recorded vote:
AYES: Supervisors Moore, Altizer, Church, Elswick, Flora
NAYS: None
At 5:31 p.m. Chairman Altizer recessed to the 4 floor for work session and
closed meeting.
IN RE: WORK SESSIONS
1. Work session to discuss a lease for a water tower for North
County (Richard L. Caywood, Assistant County Administrator
In attendance from the Water Authority were Gary Robertson, Bob
Benninger. Mr. Caywood provided a presentation, a copy of which is on file in the office
of the Clerk to the Board of Supervisors. Mr. Caywood stressed that the issue is simply
water pressure; water supplies are adequate. He advised an impact study was
completed and there is a copy on file.
Supervisor Elswick asked if we could put anything on the tank, with Mr.
Caywood responding in the affirmation explaining whatever is chosen will remain
forever.
Mr. Caywood advised a lease is still being negotiated; will not charge rent,
cell towers, etc. will share with the Authority. He indicated there should be no
operational impact to Green Ridge Recreation Center. He advised Green Ridge and
the surrounding businesses will benefit the most as well as the airport.
November 12, 2013 511
Supervisor Moore stated we do need water pressure and when you fly
over Green Ridge you can see Splash Valley. She advised she thinks a spherical
design is more beneficial and inquired what the price is. Mr. Robertson responded
between $900,000 and $1,000,000. She then asked if the tank would be the same
height, with Mr. Caywood responding in the affirmative. Mr. Caywood also advised the
sphere has to be painted and can be changed. It is only the tank that cannot be
changed.
Mr. Caywood advised that the water pressure is only an issue with the
development in the area. Homes are okay, but businesses are utilizing a pump station
for fire protection.
Supervisor Moore asked if we could have an overlay instead of painting
with Mr. Robertson advising he is not sure, but believes so. He indicated they would try
to have as unnoticeable as possible.
Mr. Caywood advised they have met with the one private homeowner and
a community meeting will be held on December 3, 2013.
Supervisor Moore asked if Mr. Caywood could speak to the Airport about
advertising.
It was the consensus of the Board to move forward to the first reading at
the 7:00 p.m. session.
It was the consensus of the Board to postpone the Closed Session until a
future date.
The work session was held from 5:45 p.m. until 6:17 p.m.
Chairman Altizer called the meeting back to order at 7:00 p.m.
Chairman Altizer recognized Scout Troup 352 Locust Grove Methodist
Church
A. NEW BUSINESS
1. Donation of a police dog to the Roanoke County Police
Department (Chuck Mason, Assistant Chief of Police)
A- 111213 -13
Assistant Chief Mason outlined the donation of the dog. There was no
discussion. All supervisors offered their congratulations.
Upon motion of Supervisor Moore to approve the staff recommendation,
the motion was carried by the following roll call and recorded vote:
512 November 12, 2013
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
B. FIRST READING OF ORDINANCES
1. Ordinance approving a lease between Roanoke County and the
Western Virginia Water Authority for the location of a water tank
(Richard L. Caywood, Assistant County Administrator)
Mr. Caywood outlined the need for the ordinance. There was no
discussion.
Upon motion of Supervisor Flora to approve the first reading and set the
second reading and public hearing for December 10, 2013, motion was carried by the
following roll call and recorded vote:
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
C. PUBLIC HEARING AND SECOND READING OF ORDINANCES
1. Frank R. Radford and Mary E. Radford to remove the proffered
condition regarding signage on property approximately 0.06764
acre in size and zoned C -2C, General Commercial, District with
conditions, located at 2210 Electric Road, Windsor Hills District
(Philip Thompson, Deputy Director of Planning)
Mr. Thompson outlined the request to remove the proffered conditions
regarding signage. David Radford was in attendance for the petitioner and offered to
answer any questions.
Chairman Altizer opened and closed the public reading. The following
citizens spoke:
Ann Linthicum of 4741 Glen Heather Circle and has lived there for twenty
(20) years now; they are directly behind the convenience store. She asked how high
the sign would be and the location of this sign; if it will be on the Rt. 419 or Electric
Road side and she presumed that nothing else has been said about any other changes
to the store and is she correct in that would be all that will be done at this time at the
convenience store, will there be any other changes. She indicated they have a small
community directly behind them and share the same road with them so any more traffic
would affect their community because there is only one way in and out of the
condominium group.
November 12, 2013 513
Mr. Thompson advised the only change is the signage. There is no
change to the building layout, entrance and access. The sign will be at the corner of
Glen Heather and Electric Road. There is a triangle piece. In the application, it states it
will be twenty -five (25) feet tall, which is the limitation in the C2 District with a fifteen (15)
foot setback.
ORDINANCE 111213 -14 AMENDING THE PROFFERED
CONDITIONS ON PROPERTY APPROXIMATELY 0.6764 ACRE
IN SIZE AND ZONED C2C, GENERAL COMMERCIAL DISTRICT
WITH CONDITIONS, LOCATED AT 2210 ELECTRIC ROAD,
WINDSOR HILLS MAGISTERIAL DISTRICT, (TAX MAP #76.07-
02-52), UPON THE APPLICATION OF FRANK R. RADFORD
AND MARY E. RADFORD
WHEREAS, the first reading of this ordinance was held on October 22, 2013, and
the second reading and public hearing were held November 12, 2013; and
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on November 4, 2013; and
WHEREAS, legal notice and advertisement has been provided as required by
law.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the proffered conditions on property approximately 0.6764 acre in
size and zoned C2C, General Commercial District with conditions, located at 2210
Electric Road (Tax Map #76.07- 02 -52) in the Windsor Hills Magisterial District, is hereby
AMENDED as set out below:
1. That the property will be developed in substantial conformity
with the site plan prepared by T. P. Parker and Sons under
date of November 3, 1988, a copy of which is attached
hereto as Exhibit "1 ".
2. That the property will only be used as a convenience store
with gasoline pumps.
3. That there will be a maximum of 4 multi -grade gasoline
pumps placed on the property. Buffhide tanks or equivalent
will be utilized with a computer monitoring system.
4. Cignage shall not eX Ge e d 30 sq uare feet on the
freestanding sign to he planed near the of Route
449 and G l en Heather Drive sign nn the
building not to evneed 55 square feet; plus an 1 square food
gas sign
514 November 12, 2013
54. All lighting will be directed away from the adjoining
residential properties with lighting not to exceed sixteen (16)
feet in height.
3. That this action is taken upon the application of Frank R. Radford and
Mary E. Radford.
4. 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. The Zoning Administrator is directed
to amend the zoning district map to reflect the change in zoning classification authorized
by this ordinance.
On motion of Supervisor Elswick to adopt the ordinance, and carried by the
following roll call and recorded vote:
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
2. State Central Bank, to amend the Planned Residential
Development Master Plan to remove the trails section and remove
the lighting section for Loblolly Mill, Inc., on Sterling Road which
measures approximately 104.4 acres, Vinton Magisterial District
(Postponed until December 10, 2013, at the request of the
petitioner)
3. Barry and Donna Tucker to obtain a Special Use Permit in a R -1,
Low Density Residential, District for the operation of a bed and
breakfast on approximately 1.054 acres, located at 6716
Timberline Circle, Windsor Hills Magisterial District (Withdrawn at
the request of the petitioner)
4. Ordinance amending various sections of the Roanoke County
Zoning Ordinance (Philip Thompson, Deputy Director of Planning)
Mr. Thompson outlined the ordinance. There was no discussion.
ORDINANCE 111213 -15 AMENDING VARIOUS SECTIONS OF
THE ROANOKE COUNTY ZONING ORDINANCE
WHEREAS, beginning in January of 2013, the Planning Commission and
Community Development staff identified several areas of the zoning ordinance to review
and update resulting in the proposal of amendments to the Roanoke County Zoning
Ordinance; and
WHEREAS, the proposed amendments to Article I (General Provisions), Article 11
November 12, 2013 515
(Definitions and Use Types), Article III (District Regulations), Article IV (Use and Design
Standards), and Article V (Development Standards) hereby revise and incorporate
regulations dealing with, but not limited to: enforcement procedures; definitions; use
types; maximum building coverage; maximum lot coverage; minimum lot frontage;
minimum front yard setback; home beauty /barber salon; temporary portable storage
containers; religious assembly; antique shops; golf course; fine arts studio; bed and
breakfast, home occupations; agricultural services; new automobile dealership; used
automobile dealership; business support services; commercial outdoor sports and
recreation; construction sales and services; equipment sales and rental; mini -
warehouse; general restaurant; retail sales; family day care home; veterinary
hospital /clinic; consumer repair services; personal improvement services; automobile
rental /leasing; drive -in or fast food restaurant; recycling centers and stations;
convenience store; industry, type I; construction yards; multi - family dwelling;
townhouses; site development plans; off street parking, stacking and loading; and
screening, landscaping and buffer yards; and
WHEREAS, on August 6, 2013, after proper notice, the Roanoke County
Planning Commission held a public hearing on various amendments to the Zoning
Ordinance and recommended said amendments to the Board of Supervisors for
adoption; and
WHEREAS, on August 27, September 10, and October 8, 2013, the Board of
Supervisors held work sessions on said amendments; and
WHEREAS, public necessity, convenience, general welfare and good zoning
practice are valid public purposes for such recommendations by the Planning
Commission and action by the Board of Supervisors; and,
WHEREAS, the first reading of this ordinance was held on October 22, 2013, and
the second reading and public hearing was held on November 12, 2013.
NOW THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke
County as follows:
1. That the following sections of the Zoning Ordinance are hereby amended
to read and provide as follows:
ARTICLE I — GENERAL PROVISIONS.
SEC. 30 -6. ESTABLISHMENT OF DISTRICTS.
(A) The following are established as Roanoke County zoning districts:
Commercial Districts
516 November 12, 2013
NC
Neighborhood Commercial District
C -1
Low Intensity Commercial District
C -2
High Intensity Commercial District
INT
Interchange District (Reserved)
PCD
Planned Commercial Development District
CVOD
Clearbrook Village Overlay District
SEC. 30 -21. ENFORCEMENT PROCEDURES.
(B) Property owners, permit applicants, and /or establishment owners /managers, as
applicable, shall be notified in writing via certified mail of violations of the
provisions of this ordinance. If an attempt to notify the appropriate party via
certified mail is unsuccessful, then a notice of violation shall be posted on the
property. The administrator shall, in the notice of violation, state the nature of the
violation, the date that it was observed, and the remedy or remedies necessary
to correct the violation. The administrator may establish a reasonable time period
for the correction of the violation, however in no case shall such time period
exceed thirty (30) days from the date of the delivery, mailing or posting of the
notice, except that the administrator may allow a longer time period to correct the
violation if the correction would require the structural alteration of a building or
structure.
ARTICLE II – DEFINITIONS AND USE TYPES.
SEC. 30-28. DEFINITIONS.
(C) For the purposes of this ordinance, the words and phrases listed below in this
section shall have the meanings described below.
Residential chicken keeping: The keeping of up to six (6) female chickens (hens)
in non - agriculturally zoned areas as an accessory use to a single family residence
subject to the standards set out in chapter 5, animals and fowl, section 5 -38— standards
for residential chicken keeping.
Temporary portable storage containers: A purpose - built, fully enclosed, box -like
container with signage on one (1) or more of its outer surfaces that is designed for
temporary storage of household goods and /or equipment. Such containers are uniquely
designed for ease of loading to and from a transport vehicle.
November 12, 2013 517
SEC. 30 -29. USE TYPES; GENERALLY.
Definitions:
Sec. 30 -29 -1. Agricultural and Forestry Use Types.
Agriculture: The use of land for the production of food and fiber, including
farming, dairying, pasturage, agriculture, horticulture, viticulture, and animal and poultry
husbandry. A garden and residential chicken keeping, 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 forty -five (45) days or more in any twelve -month period, and
where the number of animals so confined include more than three hundred (300)
slaughter or feeder cattle, two hundred (200) mature dairy cattle, seven hundred fifty
(750) swine, one hundred fifty (150) horses, or thirty thousand (30,000) laying hens or
broilers, or any other site designated by the Virginia Department of Environmental
Quality, Division of Water, 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.
Stable, private: The keeping, breeding, or raising of horses 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.
518 November 12, 2013
Wayside stand: An establishment for the seasonal retail sale of agricultural
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 located within a detached single -
family dwelling or an accessory building which is clearly incidental and subordinate to
the main dwelling unit.
Alternative discharging sewage systems: Any device or system which results in a
point source surface discharge of treated sewage which is installed as a replacement
system for a pre- existing individual single family dwelling with flows less than or equal to
one thousand (1,000) gallons per day on a yearly average. These systems are
regulated by the Virginia Department of Health under a general Virginia Pollution
Discharge Elimination System (VPDES) permit issued by the Virginia Department of
Environmental Quality, Division of Water. Systems which exceed one thousand (1,000)
gallons shall be prohibited and shall not be considered a utility service, major as
described in this ordinance.
Home beauty /barber salon: Incidental use of a single family dwelling for hair
styling or barbering.
Home occupation: An accessory use of a dwelling unit for gainful employment
involving the production, provision, or sale of goods and /or services.
Type 1: A home occupation of an intensity suitable for the more densely
established residential areas typically found in the urban service areas of
the county.
Type 11: A home occupation of an intensity suitable for agricultural and
rural areas of the county.
Manufactured home: A structure subject to federal regulation, which is
transportable in one (1) or more sections: is eight (8) body feet or more in width and
forty (40) body feet or more in length in the traveling mode, or is three hundred twenty
(320) or more square feet when erected on site; is built on a permanent chassis; is
designed to be used as a single - family dwelling, with or without a permanent foundation,
November 12, 2013 519
when connected to the required utilities; and includes the plumbing, heating, air
conditioning, and electrical systems contained in the structure.
Manufactured home, accessory: A manufactured home that is subordinate to a
single family dwelling on a single lot.
Manufactured home, emergency: A 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.
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 dwelling: A building or portion thereof which contains three (3) 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.
Multiple dog permit: The keeping, breeding, raising, showing or training of four
(4) or more dogs over four (4) months of age for personal enjoyment of the owner or
occupants of the property, and for which commercial gain is not the primary objective.
Residential human care facility: A building used as a family care home, foster
home, or group home serving not more than eight (8) mentally retarded or other
developmentally disabled persons, not related by blood or marriage, pursuant to section
15.2 -2291 of the Code of Virginia, as amended. Excluded from this definition are drug or
alcohol rehabilitation centers, half -way houses and similar uses.
Single family dwelling: A site built or modular building designed for or used
exclusively as one (1) dwelling unit for permanent occupancy.
Attached: Two (2) single family dwellings sharing a common wall area,
each on its own individual lot.
520 November 12, 2013
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.
Townhouse: A grouping of three (3) 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 (1) or
more common walls.
Two family dwelling: The use of an individual lot for two (2) dwelling units which
share at least one (1) common wall, each occupied by one (1) family.
Sec. 30 -29 -3. Civic Use Types.
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.
Adult care residences: An establishment that provides shelter and services which
may include meals, housekeeping, and personal care assistance primarily for the
elderly. Residents are able to maintain a semi - independent life style, not requiring the
more extensive care of a nursing home. Residents will, at a minimum, need assistance
with at least one (1) of the following: medication management, meal preparation,
housekeeping, money management, or personal hygiene. At least one (1) nurse's aide
is typically on duty, with medical staff is available when needed.
Camps: A use which primarily provides recreational opportunities of an outdoor
nature on a daily or overnight basis. Included in this use type would be scout camps,
religious camps, children's camps, wilderness camps, and similar uses which are not
otherwise specifically described in this ordinance.
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
November 12, 2013 521
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.
Correctional facilities: 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 ten (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 facilities, college /university: An educational institution authorized by
the Commonwealth of Virginia to award associate, baccalaureate or higher degrees.
Educational facilities, primary /secondary: A public, private or parochial school
offering instruction at the elementary, junior and /or senior high school levels in the
branches of learning and 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 (5) but
less than thirteen (13) 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 not be counted toward this total.
The care of five (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.
522 November 12, 2013
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.
Life 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 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. Nursing homes have doctors or
licensed nurses on duty.
Park and ride facility: 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.
Public 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.
Public maintenance and service facilities: 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.
Public parks and recreational areas: Publicly -owned and operated parks, picnic
areas, playgrounds, indoor or outdoor athletic facilities, game preserves and open
spaces.
Religious 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.
November 12, 2013 523
Safety services: Facilities for the conduct of safety and emergency services for
the primary benefit of the public, whether publicly or privately owned and operated,
including police and fire protection services and emergency medical and ambulance
services.
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.
Utility 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, stormwater management facilities 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.
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.
Laboratories: Establishments primarily engaged in performing 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 (1) or more products directly for
the consumer market.
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.
524 November 12, 2013
Sec. 30 -29 -5. Commercial Use Types.
Adult business. Any adult bookstore, adult video store, adult model studio, adult
motel, adult movie theater, adult nightclub, adult store, business providing adult
entertainment, or any other establishment that regularly exploits an interest in matter
relating to specified sexual activities or specified anatomical areas or regularly features
live entertainment intended for the sexual stimulation or titillation of patrons, and as
such terms are defined in chapter 13 of this Code.
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 thirty (30) years old.
Automobile dealership: The use of any building, land area or other premise for
the display of new and /or used automobiles, trucks, vans, scooters, recreational
vehicles or motorcycles for sale or rent, including any warranty repair work and other
major and minor repair service conducted as an accessory use.
Automobile rental /leasing: 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 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. This includes minor
automobile repairs in conjunction with major automobile repairs. Typical uses include
automobile and truck repair garages, transmission shops, radiator shops, body and
fender shops, equipment service centers, machine shops, and 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.
November 12, 2013 525
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.
Bed and breakfast: A dwelling in which not more than five (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 (3) or more but less than
fourteen (14) 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.
Commercial indoor amusement: Establishments which provide games of chance,
skill or scoring as other than an incidental use of the premises. Games would include
pinball and video machines, pool and billiard tables and other similar amusement or
entertainment devices, whether or not they are coin - operated, and also card games,
bingo, and off -track betting. Typical uses include game rooms, pool halls, video
arcades, and bingo parlors.
Commercial indoor entertainment: Predominantly spectator uses conducted
within an enclosed building. Typical uses include motion picture theaters, and concert or
music halls.
526 November 12, 2013
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 or prepared food and beverages, and limited household supplies and
hardware. This use may include fuel pumps and /or the selling of fuel for motor vehicles.
Typical uses include neighborhood markets and country stores.
Dance hall: Establishments in which more than ten (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.
November 12, 2013 527
Equipment sales and rental: Establishments primarily engaged in the sale or
rental of tools, trucks, tractors, construction equipment, agricultural implements, 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.
Fuel center. Any building, structure, or land used for the dispensing, sale or
offering for sale at retail of any vehicle fuels, oils or accessories. This use can be a
standalone business or accessory to another business.
Funeral services: Establishments engaged in undertaking services such as
preparing the dead for burial, and arranging and managing funerals. Typical uses
include mortuaries and crematories.
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.
Gasoline station: Any place of business with fuel pumps and underground
storage tanks which provides minor automobile repair and 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 three 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.
Hotel /motel /motorlodge: 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
(2) 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.
528 November 12, 2013
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.
Marina: A facility situated on a river which provides launching and secure
moorings for water -borne craft and may also provide watercraft rental, supplies, fuel and
marine repair services.
Mini - warehouse: A building designed to provide rental storage space in cubicles
where each cubicle has a maximum floor area of four hundred (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.
Outpatient mental health and substance abuse center. Establishments with
medical staff providing outpatient services related to the diagnosis and treatment of
mental health disorders, alcohol, and other substance abuse. These establishments
may provide counseling and /or refer patients to more extensive treatment programs, if
necessary. Included in this use type are outpatient alcohol treatment centers, outpatient
detoxification centers, outpatient drug and substance abuse centers, and outpatient
mental health centers.
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 informational, 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; massage studios; grooming of pets; seamstresses,
tailors, or shoe repairs; florists; and laundromats and dry cleaning stations serving
individuals and households.
Recreational vehicle sales and service: Retail sales of recreational vehicles and
boats, including service and storage of vehicles and parts and related accessories.
November 12, 2013 529
Restaurant, drive -in or fast food: An establishment primarily engaged in the
preparation of food and beverages, for either take -out, delivery or table service, served
at a counter, a drive -up or drive through service facility or by curb service. Typical uses
include drive -in or fast food restaurants or coffee shops.
Restaurant, general: An establishment engaged in the preparation and
consumption of food and beverages and characterized primarily by table service to
customers in non - disposable containers. Typical uses include cafeterias, dinner
theatres, taverns, brewpubs, and cafes.
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 hospital /clinic: 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.
Composting: Process by which animal wastes and plant discards are combined
and manipulated to produce a soil additive /nutrient. Composting does not include the
processing of municipal waste.
530 November 12, 2013
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 1: 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.
Industry, Type 11: Enterprises in which goods are generally mass produced from
raw materials on a large scale through use of an assembly line or similar process,
usually for sale to wholesalers or other 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 111: 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,
November 12, 2013 531
trash, and rubbish, and from industrial establishments, other than hazardous wastes as
described by the Virginia Hazardous Waste Regulations.
Meatpacking and related industries: The processing of meat products and
byproducts directly from live animals or offal from dead animals.
Railroad facilities: Railroad yards, equipment servicing facilities, and terminal
facilities.
Recycling 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 towing services, paper and metal
salvage yards, automotive wrecking yards, junk yards, used tire storage yards, or retail
and /or wholesale sales of used automobile parts and supplies.
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.
Transportation terminal: A facility for loading, unloading and interchange of
passengers, baggage and incidental freight or package express between modes of
ground or water transportation, including bus terminals, railroad stations, marinas 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.
532 November 12, 2013
Sec. 30 -29 -7. Miscellaneous Use Types.
Amateur radio tower. A structure on which an antenna is installed for the purpose
of transmitting and receiving amateur radio signals erected and operated by an amateur
radio operator licensed by the FCC.
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.
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.
Broadcasting tower. Any structure that is designed and constructed primarily for
the purpose of supporting one (1) or more antennas. The term includes but need not be
limited to radio and television transmission towers, microwave towers, common - carrier
towers, and cellular telephone and wireless communication towers. Broadcasting tower
types include, but are not limited to monopoles, lattice towers, wooden poles, and guyed
towers. Excluded from this definition are amateur radio towers, which are described
separately.
Outdoor gathering: Any temporary organized gathering expected to attract five
hundred (500) or more people at one time in open spaces outside an enclosed
structure. Included in this use type would be music festivals, church revivals, carnivals
and fairs, and similar transient amusement and recreational activities not otherwise
listed in this section. Such activities held in public parks, university campuses or on
public school property shall not be included within this use type.
Parking facility: A principal use of a site for surface parking or a parking structure
unrelated to a specific use which provides one (1) or more parking spaces together with
driveways, aisles, turning and maneuvering areas, incorporated landscaped areas, and
similar features meeting the requirements established by this ordinance. This use shall
not include a parking structure accessory to a permitted principal use, such as a private
garage in a residential or agricultural district.
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
November 12, 2013 533
general hunting, and unstructured and nonrecurring discharging of firearms on private
property with the property owner's permission.
Wind energy system, large: A wind energy conversion system consisting of one
(1) or more wind turbines, towers and associated control or conversion electronics,
having a rated nameplate capacity of not more than nine hundred ninety -nine (999)
kilowatts (M). For purposes of non - residential net metering, Virginia Code § 56 -594B
limits the electrical generating facility to a capacity of not more than five hundred (500)
kilowatts.
Wind energy system, small: A wind energy conversion system consisting of a
single wind turbine, a tower, and associated control or conversion electronics, having a
rated nameplate capacity of not more than fifty (50) kilowatts (kW) for residential uses
and not more than one hundred (100) kW for other uses. For the purpose of residential
net metering, Virginia Code § 56 -594B limits the electrical generating facility to a
capacity of not more than ten (10) kilowatts (kW).
Wind energy system, utility: A wind energy conversion system consisting of more
than one (1) wind turbine, towers and associated control or conversion electronics,
having a rated nameplate capacity of one (1) megawatt (MW) or greater.
ARTICLE III — DISTRICT REGULATIONS.
SEC. 30 -32. AG -3 AGRICULTURAL /RURAL PRESERVE DISTRICT.
Sec. 30 -32 -2. Permitted Uses.
(A) The following uses are permitted by right subject to all other applicable
requirements contained in this ordinance. An asterisk ( *) indicates additional,
modified or more stringent standards as listed in article IV, use and design
standards, for those specific uses.
Agricultural and Forestry Uses
Stable, Commercial *
Stable, Private *
2. Residential Uses
Home Beauty /Barber Salon *
534 November 12, 2013
(B) The following uses are allowed only by special use permit pursuant to section 30-
19. An asterisk ( *) indicates additional, modified or more stringent standards as
listed in article IV, use and design standards, for those specific uses.
1. Agricultural and Forestry Uses
2. Residential Uses
3. Civic Uses
4. Commercial Uses
Antique Shops
Golf Course *
Studio, Fine Arts
5. Industrial Uses
6. Miscellaneous Uses
Sec. 30 -32 -3. Site Development Regulations.
(D) Maximum coverage.
1. Building coverage: 10 percent of the total lot area.
SEC. 30 -33. AG -1 AGRICULTURAL /RURAL LOW DENSITY DISTRICT.
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 as listed in article IV, use and design
standards, for those specific uses.
1. Agricultural and Forestry Uses
Stable, Commercial
Stable, Private *
November 12, 2013 535
2. Residential Uses
Home Beauty /Barber Salon *
3. Civic Uses
Religious Assembly *
(B) The following uses are allowed only by special use permit pursuant to section 30-
19. An asterisk ( *) indicates additional, modified or more stringent standards as
listed in article IV, use and design standards, for those specific uses.
1. Agricultural and Forestry Uses
4. Commercial Uses
Antique Shops *
Golf Course *
Studio, Fine Arts
Sec. 30 -33 -3. Site Development Regulations.
(D) Maximum coverage.
1. Building coverage: 20 percent of the total lot area.
2. Lot coverage: 40 percent of the total lot area.
SEC. 30 -34. AR AGRICULTURAL /RESIDENTIAL DISTRICT.
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 as listed in article IV, use and design
standards, for those specific uses.
1. Agricultural and Forestry Uses
536 November 12, 2013
Stable, Commercial
Stable, Private *
2. Residential Uses
Home Beauty /Barber Salon
Home Occupation, Type 4 II*
3. Civic Uses
Religious Assembly
4. Commercial Uses
Bed and Breakfast
(B) The following uses are allowed only by special use permit pursuant to section 30-
19. An asterisk ( *) indicates additional, modified or more stringent standards as
listed in article IV, use and design standards, for those specific uses.
1. Residential Uses
2. Civic Uses
3. Commercial Uses
Golf Course *
Studio, Fine Arts
Sec. 30 -34 -3. Site Development Regulations.
(A) Minimum lot requirements
2. Lots served by either public sewer or water:
b. Frontage: 100 feet on a publicly owned and maintained street.
(D) Maximum coverage.
November 12, 2013 537
1. Building coverage: 25 percent of the total lot area.
2. Lot coverage: 50 percent of the total lot area.
SEC. 30 -36. AV AGRICULTURALNILLAGE CENTER DISTRICT.
Sec. 30 -36 -2. Permitted Uses.
(A) The following uses are permitted by right subject to all other applicable
requirements contained in this ordinance. An asterisk ( *) indicates additional,
modified or more stringent standards as listed in article IV, use and design
standards, for those specific uses.
2. Residential Uses
Home Occupation, Type II *
3. Civic Uses
Religious Assembly *
5. Commercial Uses
Agricultural Services *
(B) The following uses are allowed only by special use permit pursuant to section 30-
19. An asterisk ( *) indicates additional, modified or more stringent standards as
listed in article IV, use and design standards, for those specific uses.
3. Civic Uses
Adult Care Residences
4. Commercial Uses
Business Support Services
Commercial Outdoor Sports and Recreation
Construction Sales and Services *
538 November 12, 2013
Equipment Sales and Rental
Mini - warehouse
Retail Sales *
Sec. 30 -36 -3. Site Development Regulations.
(A) Minimum lot requirements.
3. Lots served by both public sewer and water:
b. Frontage: 60 feet on a publicly owned and maintained street.
(B) Minimum setback requirements.
1. Front yard:
a. Principal structures: 30 feet.
(D) Maximum coverage.
1. Building coverage: 35 percent of the total lot area.
SEC. 30 -41. R -1 LOW DENSITY RESIDENTIAL DISTRICT.
Sec. 30 -41 -2. Permitted uses.
(A) The following uses are permitted by right subject to all other applicable
requirements contained in this ordinance. An asterisk ( *) indicates additional,
modified or more stringent standards as listed in article IV, use and design
standards, for those specific uses.
2. Residential Uses
Home Beauty /Barber Salon
Single - Family Dwelling, Attached
Single Family Dwelling, Attached (Cluster Subdivision Option)
Single Family Dwelling, Detached
November 12, 2013 539
Single Family Dwelling, Detached (Cluster Subdivision Option) *
Single Family Dwelling, Detached (Zero Lot Line Option) *
3. Civic Uses
Family Day Care Home *
4. Commercial Uses
Bed and Breakfast *
5. Miscellaneous Uses
(B) The following uses are allowed only by special use permit pursuant to section 30-
19. An asterisk ( *) indicates additional, modified or more stringent standards as
listed in article IV, use and design standards, for those specific uses.
1. Residential Uses
2. Civic Uses
3. Commercial Uses
Golf Course *
Sec. 30 -41 -3. Site Development Regulations.
(D) Maximum coverage.
1. Building coverage: 35 percent of the total lot area for all buildings and 7
percent for accessory buildings.
SEC. 30 -42. R -2 MEDIUM DENSITY RESIDENTIAL DISTRICT.
Sec. 30 -42 -2. Permitted Uses.
(A) The following uses are permitted by right subject to all other applicable
requirements contained in this ordinance. An asterisk ( *) indicates additional,
modified or more stringent standards as listed in article IV, use and design
standards, for those specific uses.
540 November 12, 2013
1. Residential Uses
Home Beauty /Barber Salon *
Single - Family Dwelling, Attached *
Single Family Dwelling, Attached (Cluster Subdivision Option) *
Single Family Dwelling, Detached
Single Family Dwelling, Detached (Cluster Subdivision Option)
Single Family Dwelling, Detached (Zero Lot Line Option) *
2. Civic Uses
Family Day Care Home *
(B) The following uses are allowed only by special use permit pursuant to section 30-
19. An asterisk ( *) indicates additional, modified or more stringent standards as
listed in article IV, use and design standards, for those specific uses.
1. Residential Uses
2. Civic Uses
3. Commercial Uses
Golf Course *
Sec. 30 -42 -3. Site Development Regulations.
(D) Maximum coverage.
1. Building coverage: 35 percent of the total lot area for all buildings and 7
percent for accessory buildings.
SEC. 30 -45. R -3 MEDIUM DENSITY MULTI - FAMILY RESIDENTIAL DISTRICT.
Sec. 30 -45 -2. Permitted Uses.
November 12, 2013 541
(A) The following uses are permitted by right subject to all other applicable
requirements contained in this ordinance. An asterisk ( *) indicates additional,
modified or more stringent standards as listed in article IV, use and design
standards, for those specific uses.
1. Residential Uses
Home Beauty /Barber Salon *
Single Family Dwelling, Attached *
Single Family Dwelling, Attached (Cluster Subdivision Option) *
Single Family Dwelling, Detached
Single Family Dwelling, Detached (Cluster Subdivision Option) *
Single Family Dwelling, Detached (Zero Lot Line Option) *
(B) The following uses are allowed only by special use permit pursuant to section 30-
19. An asterisk ( *) indicates additional, modified or more stringent standards as
listed in article IV, use and design standards, for those specific uses.
1. Civic Uses
2. Industrial Uses
3. Miscellaneous Uses
SEC. 30 -46. R -4 HIGH DENSITY MULTI - FAMILY RESIDENTIAL DISTRICT.
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 as listed in article IV, use and design
standards, for those specific uses.
1. Residential Uses
Home Beauty /Barber Salon *
542 November 12, 2013
Single Family Dwelling, Attached *
Single Family Dwelling, Attached (Cluster Subdivision Option) *
Single Family Dwelling, Detached
Single Family Dwelling, Detached (Cluster Subdivision Option) *
Single Family Dwelling, Detached (Zero Lot Line Option) *
(B) The following uses are allowed only by special use permit pursuant to section 30-
19. An asterisk ( *) indicates additional, modified or more stringent standards as
listed in article IV, use and design standards, for those specific uses.
1. Civic Uses
2. Industrial Uses
3. Miscellaneous Uses
SEC. 30 -47. PRD PLANNED RESIDENTIAL DEVELOPMENT DISTRICT.
Sec. 30 -47 -2. Permitted Uses.
(A) The following uses are permitted in the planned residential development district.
However, no use shall be permitted except in conformity with the uses
specifically included in the final master plan approved pursuant to section 30 -47-
5. An asterisk ( *) indicates additional, modified or more stringent standards as
listed in article IV, use and design standards, for those specific uses.
1. Residential Uses
4. Commercial Uses
Golf Course *
Restaurant, General
SEC. 30 -51. NC NEIGHBORHOOD COMMERCIAL DISTRICT.
Sec. 30 -51 -2. Permitted uses.
November 12, 2013 543
(A) The following uses are permitted by right subject to all other applicable
requirements contained in this ordinance. An asterisk ( *) indicates additional,
modified or more stringent standards as listed in article IV, use and design
Standards, for those specific uses.
Civic Uses
Public Parks and Recreational Areas *
Religious Assembly *
3. Commercial Uses
Restaurant, General *
(B) The following uses are allowed only by special use permit pursuant to section 30-
19. An asterisk ( *) indicates additional, modified or more stringent standards as
listed in article IV, use and design standards, for those specific uses.
Commercial Uses
Veterinary Hospital /Clinic
SEC. 30 -53. C -1 LOW INTENSITY COMMERCIAL DISTRICT.
Sec. 30 -53 -1. Purpose.
(A) The purpose of the C -1 low intensity commercial district is to provide for the
development of attractive and efficient office and commercial uses in the urban
service area which serve both community and county -wide needs. The C -1
district allows for varying intensities of office and commercial development as
part of either a planned office complex or, to a limited degree, small scale office
and commercial uses.: 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 district are generally
consistent with the recommendations set forth in the transition and core land use
categories of the comprehensive plan. Site development standards are intended
to ensure compatibility with adjacent land uses.
Sec. 30 -53 -2. Permitted Uses.
544 November 12, 2013
(A) The following uses are permitted by right subject to all other applicable
requirements contained in this ordinance. An asterisk ( *) indicates additional,
modified or more stringent standards as listed in article IV, use and design
standards, for those specific uses.
4. Commercial Uses
Agricultural Services *
Antique Shops
Bed and Breakfast *
Consumer Repair Services
Personal Improvement Services
(B) The following uses are allowed only by special use permit pursuant to section 30-
19. An asterisk ( *) indicates additional, modified or more stringent standards as
listed in article IV, use and design standards, for those specific uses.
3. Commercial Uses
Automobile Rental /Leasing
Restaurant, Drive -in or Fast Food *
Restaurant, General
Retail Sales
4. Industrial Uses
Recycling Centers and Stations *
SEC. 30 -54. C -2 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
November 12, 2013 545
several neighborhoods or large areas of the county. This district is intended for
general application throughout the county. High intensity 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 plan. Site development regulations are
designed to ensure compatibility with adjoining land uses.
Sec. 30 -54 -2. Permitted Uses.
(A) The following uses are permitted by right subject to all other applicable
requirements contained in this ordinance. An asterisk ( *) indicates additional,
modified or more stringent standards as listed in article IV, use and design
standards, for those specific uses.
4. Commercial Uses
Automobile Dealership *
Convenience Store *
Restaurant, Drive -in or Fast Food *
(B) The following uses are allowed only by special use permit pursuant to section 30-
19. An asterisk ( *) indicates additional, modified or more stringent standards as
listed in article IV, use and design standards, for those specific uses.
Civic Uses
Religious Assembly *
2. Commercial Uses
3. Industrial Uses
SEC. 30 -58. CVOD CLEARBROOK VILLAGE OVERLAY DISTRICT.
Sec. 30 -58 -4. Permitted uses and use restrictions.
546 November 12, 2013
The uses permitted in the Clearbrook village overlay district shall be governed by the
underlying zoning district in which the property is located as shown on the official zoning
maps, except as otherwise modified below:
(A) The following uses shall be prohibited within the Clearbrook village overlay
district:
2. Commercial Uses
(B) Unless prohibited in 30- 58 -4(A) a special use permit shall be required for all uses
listed as a special use in the underlying zoning district. In addition, the following
uses shall require a special use permit within the Clearbrook village overlay
district. An asterisk ( *) indicates additional, modified, or more stringent standards
as listed in article IV, use and design standards, for those specific uses.
2. Commercial Uses
Convenience Store *
Restaurant, Drive -in or Fast Food *
Sec. 30 -58 -6. Special Regulations in the Clearbrook Village Overlay District.
The following special regulations shall apply within the Clearbrook village overlay
district.
(A) Landscaping. Required landscaping within the Clearbrook village overlay district
shall comply with the standards contained in section 30- 92 -5.1 of this ordinance.
SEC. 30 -61. 1 -1 LOW INTENSITY INDUSTRIAL DISTRICT.
Sec. 30 -61 -2. Permitted Uses.
(A) The following uses are permitted by right subject to all other applicable
requirements contained in this ordinance. An asterisk ( *) indicates additional,
modified or more stringent standards as listed in article IV, use and design
standards, for those specific uses.
2. Civic Uses
Utility Services, Major *
November 12, 2013 547
Utility Services, Minor
4. Commercial Uses
Restaurant, General
Retail Sales
(B) The following uses are allowed only by special use permit pursuant to section 30-
19. An asterisk ( *) indicates additional, modified or more stringent standards as
listed in article IV, use and design standards, for those specific uses.
2. Industrial Uses
Construction Yards *
SEC. 30 -62. 1 -2 HIGH INTENSITY INDUSTRIAL DISTRICT.
Sec. 30 -62 -1. Purpose.
(A) The purpose of the 1 -2, high intensity industrial district is to provide areas within
the urban service area which contain 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. 30 -62 -2. Permitted Uses.
(A) The following uses are permitted by right subject to all other applicable
requirements contained in this ordinance. An asterisk ( *) indicates additional,
modified or more stringent standards as listed in article IV, use and design
standards, for those specific uses.
2. Civic Uses
548 November 12, 2013
Utility Services, Major *
Utility Services, Minor
5. Industrial Uses
Industry, Type I
Industry, Type II
(B) The following uses are allowed only by special use permit pursuant to section 30-
19. An asterisk ( *) indicates additional, modified or more stringent standards as
listed in article IV, use and design standards, for those specific uses.
3. Industrial Uses
Industry, Type III *
ARTICLE IV — USE AND DESIGN STANDARDS.
SEC. 30 -82. RESIDENTIAL USES.
Sec. 30 -82 -2. Home Beauty /Barber Salon.
(A) Intent. A small - scaled beauty and /or barber shop may be permitted within a
residential dwelling. The standards for establishing such uses are intended to
limit the scope and nature of such uses and insure compatibility with the
adjoining properties.
(B) In the AG -3, AG -1, and AR districts and in all residential districts the following
standards shall apply
1. The salon shall be limited to one (1) chair only.
2. The retail sale of beauty and barber supplies shall be allowed as an
accessory use to the permitted beauty /barber salon use.
Sec. 30 -82 -3. Home Occupations, Type I and Type II.
(B) General standards:
November 12, 2013 549
4. 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.
5. Deliveries related to the home occupation shall be limited to the United
States Postal Service, parcel delivery services, and messenger services.
The commercial delivery by tractor trailer of materials or products to or
from the premises shall be prohibited.
6. 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 more than is normal to
the use of the property for residential purposes.
7. No equipment or process shall be used in a home occupation which
creates noise in excess of 60 dB(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.
8. 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.
9. Temporary portable storage containers shall not be used in conjunction
with a Type I or Type II home occupation or used as a principal use or
principal building or structure.
(C) Additional standards for all Type I home occupations:
5. The sale of goods or products or providing services which involve the
consumer coming to the premises shall be limited to no more than ten (10)
customers or clients per day. Baby sitting for five (5) or less children shall
be permitted.
550 November 12, 2013
6. Lessons in the applied arts shall be permitted, provided the class size for
any lesson does not exceed five (5) students at any one (1) time and shall
not exceed ten (10) students per day.
(D) Additional standards for all Type II home occupations:
4. Lessons in the applied arts shall be permitted, provided the class size for
any lesson does not exceed five (5) students at any one (1) time and shall
not exceed ten (10) students per day.
Sec. 30 -82 -9. Manufactured Home Park.
(L) In manufactured home parks established prior to June 1, 1986, existing
manufactured homes may be replaced with manufactured homes, consistent with
section 30- 82 -5(B)2 provided all of the following standards are met:
1. The manufactured home meets the side and rear yard setback for
accessory structures, as specified in the underlying zoning district, from
the property line of the park; and
2. The manufactured home is anchored and skirted in accordance with the
provisions of the Virginia Statewide Uniform Building Code:
Sec. 30- 82 -11. Multi- family Dwelling.
(B) General standards:
5. The minimum separation between multi - family buildings shall be twenty
(20) feet.
6. Reserved.
Sec. 30- 82 -14. Townhouses.
(B) General standards:
3. The minimum separation between townhouse buildings shall be twenty
(20) feet
SEC. 30 -83. CIVIC USES.
Sec. 30 -83 -6. Family Day Care Home.
November 12, 2013 551
(A) General standards:
Family day care homes, where applicable, shall comply with the
Standards for Licensed Family Day Homes established by the Virginia
Department of Social Services, as may be amended.
Sec. 30 -83 -9. Religious Assembly.
(A) General standards:
Any outdoor activity area, swimming pool, or ball field or court which
adjoins a residential use type shall be landscaped with one (1) 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.
3. Expansions of existing uses are permitted by right.
SEC. 30 -85. COMMERCIAL USES.
Sec. 30 -85 -1. Agricultural Services.
(B) In the C -1 and C -2 districts 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 one hundred (100) feet
from any adjoining residential district.
Sec. 30 -85 -2. Antique Shops.
(A) In the agricultural districts:
Sec. 30 -85 -3. Automobile Dealership.
Sec. 30 -85 -4. Reserved.
Sec. 30 -85 -8. Bed and Breakfast.
552 November 12, 2013
(A) General standards:
9. A special use permit shall be required on lots less than five (5) acres in an
R -1 zoning district.
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 -6.
2. A special use permit shall not be required for any fast food restaurant that
is located within a shopping center.
3. Expansions of existing uses are permitted by right.
(B) In the EP District:
1. A special use permit shall be required for any drive through facilities.
Sec. 30 -85 -24.5. Retail Sales.
(C) In the AV District:
1. Retail sales shall not exceed three thousand (3,000) square feet in gross
floor area.
SEC. 30 -88. ACCESSORY USES.
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:
11. Temporary portable storage containers provide that they meet the
following standards:
(a) Temporary portable storage containers shall only be permitted on
lots with a principal building or structure.
November 12, 2013 553
(b) Temporary portable storage containers shall not be used in
conjunction with a type I or type II home occupation or used as a
principal use or principal building or structure.
(c) All temporary portable storage containers shall display the
container provider's contact information. Signs shall not contain any
other advertising for any other product or services.
(d) Temporary portable storage containers shall not be inhabited.
(e) Temporary portable storage containers should be located on a
property in accordance with section 30- 100 -8, and shall not
obstruct vehicular or pedestrian traffic, or be located within any
required landscaped area. Placement on Virginia Department of
Transportation (VDOT) right of way property shall require written
approval from VDOT.
(f) Due to the temporary nature of temporary portable storage
containers, location in a driveway or yard may be acceptable.
(g) Temporary portable storage containers cannot be located in the
floodway or floodplain overlay district without meeting the standards
in section 30 -74, as amended.
(h) Temporary portable storage containers shall be permitted on a lot
for a period not to exceed thirty (30) consecutive days within a six -
month period. For extensive construction projects a written
extension may be granted by the zoning administrator.
(i) Maximum cumulative size of temporary portable storage containers
on a property shall not exceed one hundred thirty (130) square feet.
(j) There is a limit of one (1) portable temporary storage container per
lot.
(k) A zoning permit shall be required to be obtained prior to the
placement of a temporary portable storage container by the
department of community development with sufficient information,
as determined by the zoning administrator, to determine
compliance with all applicable regulations such as:
Size of container
554 November 12, 2013
Location
iii. Delivery date
iv. Removal date
V. Purpose of container
vi. Container provider contact information.
ARTICLE V — DEVELOPMENT STANDARDS.
SEC. 30 -90. SITE DEVELOPMENT PLANS.
(B) Site development plans required by the county shall be prepared by a
professional engineer, architect, land surveyor, landscape architect or other
licensed professional 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 community development if the type, scale and /or location of the
proposed development does not necessitate such plans.
Sec. 30 -90 -1. Information Required.
(A) The following information shall be required on site development plans submitted
to the county for review:
19. An erosion and sedimentation control plan and detail sheet shall be
submitted in accordance with the County's Erosion & Sediment Control
Ordinance.
Sec. 30 -90 -2. Format of Plans.
(A) Site plans shall be submitted on sheets no greater in size than thirty (30) by forty -
two (42) inches. A sheet size of twenty -four (24) by thirty -six (36) inches is
preferred. The scale of the plans shall not be greater than one inch equals ten
(10) feet (1 " =10'), or less than one inch equals fifty (50) feet (1 " =50'). Plans shall
be designed using an engineering scale. The director of community development
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
November 12, 2013 555
other requirement or ordinance of the county or Commonwealth. Plans may be
submitted in a digital format in accordance with County standards.
SEC. 30 -91. OFF STREET PARKING, STACKING AND LOADING.
Sec. 30 -91 -3. Number of Parking Spaces Required.
Sec. 30- 91 -3.3. Minimum Parking Required.
USE TYPE PARKING REQUIRED
(E) Commercial Use Types
Automobile Dealership See Schedule A
SEC. 30 -92. SCREENING, LANDSCAPING, AND BUFFER YARDS.
Sec. 30 -92 -2. Administration.
(B) Landscaping required by this ordinance shall be planted during an opportune
planting season, and shall be in place and in good condition prior to a final
certificate of zoning compliance being issued for the site. The property owner in
accordance with the existing landscape ordinance shall immediately replace
landscaping which dies . 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) Temporary irrigation must be provided to insure establishment. A description of
the type of irrigation system used to establish the landscape is required to
accompany the site plan. Irrigation systems are encouraged with landscape
materials, which cannot survive on native precipitation. All plant material must
meet American Association of Nurserymen Specifications for no. 1 grade. Native
plantings are encouraged when compatible with the surrounding land use. Every
effort should be made to incorporate healthy existing trees into the landscaping
plan. For native plant listings refer to the department of conservation and
recreation(s) publication entitled "Native Plants for Conservation, Restoration,
and Landscaping - Western Virginia- Mountain Region."
Sec. 30 -92 -4. Enforcement Procedures and Penalties.
Sec. 30 -92 -5. Standards and Specifications.
556 November 12, 2013
(D) Berms.
Berm height shall be measured from grade elevation to the top of the
berm. (See diagrams in the Roanoke County Design Handbook for more
detail.) Where a berm is located between different grades, the berm height
shall be measured from the base of the higher grade elevation.
Sec. 30- 92 -5.1. Landscaping provisions in the Clearbrook village overlay district.
(A) Applicability.
The following landscaping provisions shall apply to all property within the
Clearbrook village overlay district.
2. These standards shall be deemed to supplement, and be in addition to,
standards found in section 30 -92 of this ordinance.
(B) General standards /specifications.
All landscape plans required for uses within the Clearbrook village overlay
district shall be prepared by a registered landscape architect, or certified
nurseryman.
2. All landscaping shall be alive and in good condition at the time of planting.
All landscaping shall be maintained, and replaced, as necessary to insure
continued compliance with these provisions.
3. Where specified, all deciduous trees shall have a minimum caliper of two
and one -half (2.5) inches at the time of planting. Evergreen trees shall
have a minimum height of eight (8) feet at time of planting.
4. Where specified, all shrubs shall have a minimum height of twenty -four
(24) inches at time of planting.
5. Native species shall be used for a minimum of fifty (50) percent of required
plantings. A listing of acceptable native species is available in the
department of community development.
(C) Site landscaping.
November 12, 2013 557
Landscaped areas shall be provided for the side and rear walls of all
buildings. The width of these landscaped areas shall be sufficient to
accommodate the required plantings. The following plantings shall be
required:
a. For buildings walls in excess of fifteen (15) feet in height, one (1)
tree shall be planted for every twenty (20) lineal feet of building
wall.
b. For building walls 15 feet or less in height, one tree shall be planted
for every 30 lineal feet of building wall.
Flexibility in the location of landscaped areas and the placement of the
required trees shall be allowed for the purpose of implementing
professionally designed landscape plans and for loading, service, or other
similar areas.
2. Landscaping shall be provided along the main entrance facade of all
buildings, providing a vegetative area between the building and parking
areas. The size of the required front landscaped area shall not be less
than twenty (20) percent of the square footage of the front facade of the
building. The landscaped area shall be professionally designed and
planted with a mixture of trees, shrubs and groundcovers.
Undeveloped areas between a building and a public or private right -of -way
shall be landscaped with berms, trees, shrubs and groundcover.
Landscaping plans for these areas shall incorporate a minimum of one
large tree, three small trees and seven shrubs for every thirty (30) feet of
lot frontage.
3. All above ground stormwater management areas and facilities shall be
landscaped with plant materials that are adaptable to being temporarily
inundated with water. The facility shall be landscaped in order to create a
seventy -five (75) percent screening of the facility. A minimum of one -third
of all provided plantings shall be evergreen.
4. Landscaping shall be provided around the base of any freestanding sign
proposed. The size of the landscaped area shall not be less than one and
one -half (1.5) times the square footage of the sign.
(D) Landscaping of parking areas.
558 November 12, 2013
Where a new, expanded, or reconfigured parking area is proposed
adjacent to a public or private 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 fifteen (15) feet. An earthen
berm, with an average height of two (2) feet shall be constructed within the
planting strip. Within this strip, one (1) large tree, (small if overhead utility
lines are present) and nineteen (19) shrubs shall be planted for every
thirty (30) feet of frontage. In addition, small trees or groundcovers shall
be interspersed within the planting area. One -third (1/3) of all plantings
shall be evergreen materials.
No uses shall be permitted within the planting strip except underground
utility crossings, pedestrian /bike trails, stormwater management facilities
which are an integral part of a landscaping plan, and signs as allowed in
the district.
2. All parking areas shall incorporate raised interior landscaped areas for the
purpose of visually enhancing parking areas. These areas shall be evenly
distributed within the parking area and shall be provided in accordance
with the following standards:
a. One continuous landscaped median, with a minimum width of ten
(10) feet, shall be installed between every four or less rows of
parking, or,
b. One landscaped peninsula or island with a minimum width of ten
(10) feet shall be located between every ten (10) to fifteen (15)
parking spaces.
One large tree shall be planted for every thirty (30) feet of continuous
median, and shall be planted within every landscaped peninsula or island
provided. However, at a minimum, one large tree shall be planted within
the parking area for each ten (10) parking spaces provided. In addition, all
parking lot landscaped areas shall include deciduous or evergreen shrubs.
2. That this ordinance shall be in full force and effect from and after its passage.
On motion of Supervisor Altizer to adopt the ordinance, and carried by the
following roll call and recorded vote:
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
November 12, 2013 559
5. Ordinance amending Article IV. "Weeds and Trash" of the
Roanoke County Code by additional definitions to Section 13 -151.
"Definitions ", by clarifying Section 13 -152. "Penalties ", and by
adding a new Section 13 -159. "Littering Prohibited." (Paul M.
Mahoney, County Attorney)
Mr. Mahoney outlined the ordinance and that this is the second reading.
There are no changes from the first reading.
Supervisor Church asked if this was the same item that was discussed at
the afternoon session. He advised he just wanted to be clear; there were two
suggestions from the Board to revamp the design. Mr. Mahoney responded in the
affirmative. Supervisor Church stated instead of making it "The world is not your
ashtray ", something else other than that and wants to be clear about this that we are not
just designating this to be smoker's item only. On the stickers, a suggestion at random,
"The world is not your trashcan," or whatever you want to put. He stated he wanted to
be clear as the County does have a litter ordinance in force in Roanoke County already.
He stated he wanted to be sure, in his opinion, he wants to keep our valley clean but
does not think we want this to become a cigarette only item, which was the purpose on
the redesign. Mr. Mahoney stated Supervisor Church was correct and stated in part of
the approach of the definition of litter that includes all kinds of waste material or
disposable packages, containers, glass, metal, plastic, paper products. He stated one
approach that he wanted to take with respect to the draft that he submitted to the Board
was to specifically include a reference to cigarettes, cigarette butts. He stated
unfortunately there are too many lawyers in the world and some people would look at
that definition and did not see cigarette butts they would then say that is not litter.
Supervisor Church stated he is not talking about the ordinance, but the sticker and the
display will give the public just the opposite impression that we are only talking about
cigarettes. He does not mind it having the zero in there with the no smoking, that can
be left alone, but when you start talking about ashtray and start speaking about
cigarettes, it almost gives another kind of tone.
Mr. Caywood responded when staff looked at this, we always had in mind
that the cigarette focus campaign would be a place to start, so we certainly have some
very creative people and one of the things he will challenge them with as a result of this
meeting is to come up with what some other campaigns might look like. He particularly
likes the idea that he and Supervisor Elswick raised of is there something you could put
in some rural areas because there is a different type of litter problem there with other
types of trash. He stated he would like to engage the same folks that came up with the
first one to put together what that would look like and run the graphics by the Board.
The first one is ready to go, but the goal is the whole spectrum starting with the one item
we focused on and would like to bring back at a future date and show the Board what
that would look like.
560 November 12, 2013
Supervisor Elswick stated he was understanding that we were going to
make it more inclusive. There is a trash problem and if we decide that our approach is
to say cigarette butts are a problem, but not the soda cans and the take home
containers and the things that really appear to people driving down the road are not a
problem then we are going to simply concentrate on cigarette butts he does not like that
idea. He stated he thinks it should be inclusive and if that means you have to have two
signs one for the ashtray and one for everything else then do that, but let's just not
concentrate on cigarette butts.
Chairman Altizer stated he would like to interject that is not what is in this
ordinance here that is what we talked about this evening. This is changing the
ordinance to better define penalties and things of a violation because as he is reading in
here, this really gets into, "the following section is to be amended, weeds and trash, The
following words, terms and phrases, ... Litter: All waste material and disposable
packages or containers but not including the wastes of the primary processes of mining,
logging, etc." It does talk about wrappers, containers, cigarettes and tobacco products,
bottles, glass or metal containers. This ordinance here defines what is in the ordinance
and has nothing to do what we did this afternoon.
Supervisor Elswick responded that he agreed.
Supervisor Church stated he knew that but felt like the Board left some
question marks in the afternoon and since the two tie together that is what preceded his
remarks to Mr. Mahoney to make sure this was the same item we were talking about. In
general it was, but in theory not.
Chairman Altizer stated he just wanted to make sure we were clear.
Supervisor Church responded as long as we are on the same page from
this afternoon; it has been a long, long discussion today and can be very easily
confused.
Chairman Altizer opened the public hearing and the following citizen
spoke on this issue.
Janet Schied who lives at 1453 Wolf Creek Drive in Vinton stated litter is
sometimes defined as waste products that have been disposed of inappropriately and in
improper places. Litter that is lying on the ground in a public place. Her personal
definition is that litter is a crime. She stated she is personally sick and tired of picking
up other people's trash. As a young girl, her dad made each of his four (4) children join
him in picking up trash along the country road where they lived in Fairfax County. She
did not enjoy doing it a bit, but learned a lesson that it was wrong, just plain wrong to
throw trash out of your car window and expect somebody else's children to pick it up.
Twenty -five (25) years ago when she moved to the Roanoke Valley, she started
dragging her son out to pick up trash with her. We participated in every Clean Valley
Day in the spring and every Waterways Cleanup in the fall. She knows that he too has
learned a lesson and today he finds litter as abhorrent as she does, but you know what,
she is really sick and tired of cleaning up what other people just toss out. It is wrong, it
is a crime and it needs to be treated as such. Many of us treasure the natural beauty
November 12, 2013 561
we are surrounded with here in the Roanoke Valley, but she has never lived in or
traveled to a place that has the magnitude of litter that we have here in the Valley. Her
conclusion is that although we live in a beautiful place, we are surrounded by people
who don't care. She does not know what else to call it. What possesses someone to
think that it okay to throw their trash onto someone else's property. She advised she is
about at the point where she thinks the Clean Valley Day and fall Waterways Day are a
total waste of time and energy. In the twenty -five (25) years she has lived here, she has
not seen an iota of difference in the amount of litter thrown out. She cleans up a stretch
of road near where she lives and she can pick up a large trash bag, the really big type
that you put leaves in every week, every week. What does she pick up? Well it is not
just cigarette butts, it is also cigarette packaging, lottery tickets, beer and liquor bottles,
soft drink cans, even diapers. Think about it; someone changes a baby's diaper as they
are going down the road at forty -five miles per hour and just tosses the dirty one out the
window. Really, one can only hope the person changing the diaper was not the person
driving the car. All the education in the world has not seemed to make a bit of
difference. Now, don't get her wrong, she supports the education campaign portion of
this County initiative. She really does, it cannot hurt; but she puts her faith in
punishment, a punishment that hits the offenders in the pocketbook. She does not
believe for a minute that people don't know it is wrong, just plain wrong to throw their
trash out their window onto someone else's property. They know it is wrong and they
do it anyway, they do not care. There needs to be a fine. There needs to be more
enforcement and there needs to be consequences.
Chairman Altizer closed the public hearing. There was no further
discussion. Supervisor Moore commented that most of our parents instilled in us when
we were growing up to pick up after ourselves and she thinks we should continue doing
that responsibility. This ordinance would not make littering a criminal offense, but a civil
offense and hopefully our judges will work with us and give the Titterer the responsibility
of picking up litter as many of our volunteers do. We take tons of litter out of our
roadways, greenways, our rivers every year. Our volunteers are wonderful about doing
that. The Sheriff's Department, Mike Winston and Barry Tayloe send our inmates out to
pick up litter; there are orange bags up and down our roadways. She stated she thinks
this may send a message, a strong message and hopefully will help with our litter
problem.
ORDINANCE 111213 -16 AMENDING ARTICLE IV "WEEDS AND
TRASH" OF THE ROANOKE COUNTY CODE, BY ADDITIONAL
DEFINITIONS TO SECTION 13 -151 "DEFINITIONS ", BY CLARIFYING
SECTION 13 -152 "PENALTIES ", AND ADDING A NEW SECTION 13-
159 "LITTERING PROHIBITED"
562 November 12, 2013
WHEREAS, the Board of Supervisors finds that litter is an increasing problem in
Roanoke County; and
WHEREAS, the Board of Supervisors hereby finds that increased enforcement
efforts to combat the litter problem are a valid public purpose to protect the public
health, safety and welfare of the citizens of Roanoke County; and
WHEREAS, this ordinance is authorized by Section 15.2 -901 and Article 3. Of
Chapter 14 of Title 10.1 of the Code of Virginia, as amended; and
WHEREAS, the first reading of this ordinance was held on October 22, 2013, and
the second reading and public hearing were held on November 12, 2013.
NOW THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke
County, as follows:
1. That the following sections of the Roanoke County Code be amended to
read and provide as follows:
Article IV. "Weeds and Trash"
Sec. 13 -151. - Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Abatement cost. the County's cost of labor, equipment and supplies for, or the contract
price of, and any charges to, the county, with respect to the removal and disposal of
weeds or trash from a parcel.
Enforcement agent. The county administrator or his designee.
Litter: All waste material and disposable packages or containers but not including the
wastes of the primary processes of mining, logging, sawmilling, farming or
manufacturing. It includes, but is not limited to, the packages, wrappings and
containers, cigarettes and tobacco products, bottles, glass or metal containers, plastic,
and paper products.
Litter Receptacle. A container with a capacity of not less than 10 gallons, constructed
and placed for use as a depository for litter.
Owner: Any person shown by any public record to have an interest in real estate lying in
the county upon which a public nuisance exists as of the date of the abatement of the
public nuisance under this section. Owner shall also mean the occupant of any parcel of
real estate, including but not limited to, any person in possession thereof having charge
thereof as an executor, administrator, trustee, guardian or agent, and the beneficiary of
any easement or right of use thereof.
Parcel. Any real estate or any interest therein, situate, lying and being in the county in
any areas zoned for residential, business, commercial, or industrial uses or in any
subdivision.
Public nuisance. Any act or activity the causing or maintaining of which is such an
inconvenience or troublesome matter as to annoy, injure or damage the public at large
or a substantial portion of the community or a considerable number of persons, and
November 12, 2013 563
from which any resulting damage is not specifically apportionable to any one member of
the community.
Subdivision. Any tract or parcel of land divided into two (2) or more lots or parcels, for
the purpose, whether immediate or future, of transfer of ownership or development, as
otherwise defined in the Roanoke County Subdivision Ordinance.
Trash. Abandoned personal property, garbage, refuse, rubbish, litter or debris.
Weeds means grass, weeds, bushes, poison ivy, poison oak or any other vegetable
growth, other than trees, ornamental shrubbery, flowers and garden vegetables.
Sec. 13 -152. - Penalty.
(a) Any owner who violates section 13- 153(a) or any other provisions of this article
pertaining to section 13- 153(a), or who violates section 13 -154 or section 13 -159, shall
be subject to a civil penalty not to exceed fifty dollars ($50.00) for the first violation, or
violations arising from the same set of operative facts. The civil penalty for subsequent
violations not arising from the same set of operative facts within twelve (12) months of
the first violation shall not exceed two hundred dollars ($200.00). Each calendar day
during which the same violation is found to have existed shall constitute a separate
offense. In no event shall a series of specified violations arising from the same set of
operative facts result in civil penalties that exceed a total of three thousand dollars
($3,000.00) in a twelve -month period.
(b) Any owner who violates section 13- 153(b) or any other provisions of this article
pertaining to section 13- 153(b) shall be subject to a civil penalty not to exceed one
hundred dollars ($100.00).
(c) In lieu of imposition of a fine or civil penalty, the court may order the defendant to
perform community service in litter abatement activities.
(d) Classifying violations under this article as civil penalties shall preclude
prosecution of violations as a misdemeanor.
Sec. 13 -153. - Cutting of weeds and grass required.
(a) It shall be unlawful for any owner of any vacant developed or undeveloped
property, including such property upon which buildings or other improvements are
located, within the boundaries of platted subdivisions or any other areas zoned for
residential, business, commercial or industrial use, to permit weeds of more than twelve
(12) inches in height within two hundred fifty (250) feet of property developed for
residential use.
(b) The owner of occupied residential real property shall cut the grass or lawn area
of less than one -half '/ acre on such property when growth of such grass or lawn area
exceeds twelve (12) inches in height.
Sec. 13 -154. - Removal of trash required.
It shall be unlawful for the owner of any parcel or property to allow the accumulation of
trash on any parcel or property. The owner of any parcel or property shall maintain all
exterior property areas in a clean, safe condition free from the accumulation of trash.
Failure to comply with this provision shall also constitute a public nuisance.
Sec. 13 -155. - Report of violation.
564 November 12, 2013
Any person aggrieved by the presence of weeds or grass in violation of section 13 -153
or the accumulation of trash in violation of section 13 -154 may report such presence to
the enforcement agent.
Sec. 13 -156. - Inspection of site of violation: notice to cut weeds or remove trash.
Upon receipt of a report as referred to in section 13 -155, the enforcement agent shall
cause the site of the reported violation to be inspected pursuant to applicable
constitutional and statutory provisions. When the enforcement agent has determined
from such reports and inspections or otherwise that a violation in fact exists, he shall
notify the owner of the land or parcel upon which the violation exists to cut or cause to
be cut the weeds or grass complained of, or to remove the accumulation of trash, within
ten (10) calendar days of the delivery, mailing or posting of the notice. Such notice shall
be in writing, shall be delivered by hand or mailed to the last known address and if the
owner of the property cannot be found within the county after a reasonable search,
notice shall be sent by certified mail, return receipt requested, to the last known address
of the owner and a copy of the notice shall be posted on the property in a conspicuous
place, and shall be complied with by such owner.
Sec. 13 -157. - Performance of work by county; collection of costs.
If such weeds or grass are not cut, or the accumulation of trash is not removed, within
the required time as provided for in the notice under section 13 -156, the enforcement
agent shall cause such weeds or grass to be cut, or the trash to be removed, and the
abatement cost and expense thereof to be assessed against the owner of such
property. The assessment shall be collected by the county as taxes and levies are
collected. Every charge for cutting grass on vacant property or removal of trash which
the owner of any property shall have been assessed and which remains unpaid shall
constitute a lien against such property on parity with liens for unpaid taxes.
Sec. 13 -158. - Exemption.
The director of community development or his /her designee may exempt from the
application of this article any parcel which is owned by the county or upon which the
county has an easement for stormwater management facilities, and includes riparian
buffers, reserved open space, floodplain preservation areas, or other environmentally
sensitive areas as defined in the county stormwater management ordinance and design
manual, or which are critical to the environmental health of the ecosystem, or which are
required by a state or federal agency.
Sec. 13 -159 Littering Prohibited.
It shall be unlawful and a violation of this Article for any person to drop, deposit, discard
or otherwise dispose of trash or litter in or upon any public or private property within
Roanoke County without the private property owner's consent, including but not limited
to any street, sidewalk, park, vacant or occupied lot, except in public receptacles, or in
authorized private receptacles provided for public use,
When a violation of the provisions of this Section has been observed by any person,
and the matter dumped or disposed of in the street, highway, right -of -way or private
property has been ejected from a motor vehicle, the owner or operator of such motor
November 12, 2013 565
vehicle shall be presumed to be the person ejecting such trash, garbage refuse, litter, or
debris, provided that such presumption shall be rebuttable by competent evidence.
2. That this ordinance shall be in full force and effect from and after its
adoption.
On motion of Supervisor Moore to adopt the ordinance, and carried by the
following roll call and recorded vote:
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS
The following citizens spoke:
Rosalyn Mulinda of 5705 Enchanted Lane stated "father, God in heaven,
thank you for this life you have given us, hoping tonight that what is said here will clear
my hand, clear the report, social services report is unfounded. To your glory, may each
person of our community benefit from tonight." The purpose of humbling exposing
social services is for clarity. It started this past summer, my daughter became full
teenage, 15 years, and I was the only one of my daughter's friends who did not turn
sixteen year old and I was the only one of my daughter's friends who did not turn
sixteen and get a brand name automobile. Sixteen I wasn't and a new driver. I couldn't
qualify to be a part of that group. Carly just really began teenage and "and a young one
too" says Carly's student government association teacher. Dr. Seibert, Salem school
superintendent, personally placed Carly in fourth grade and allowed Carly to skip third
grade. Caryle read more books in that school. Caryle, take my test for me since you
are a top reader. Okay, Caryle took the test. Dr. Seibert and I spoke with Carly at
length. Caryl was young. It started this past summer I believe, popular with my
children's friends before and after we moved from Glenvar to our new home around the
corner from school of the past five years, Faith Christian School. Not popular with some
adults, but we were nearly the same age you would think. Tally the time I said to the
Head Master during a meeting about my name being slandered. Tally the time I
laughed, you and the school have my children more than my husband and I have my
children. I used to be popular, it started this past summer when my middle child, aged
fourteen was advised by orthopedic doctors that volleyball, not my daughter's first love,
ballet is, that the orthopedic doctor, the knee doctor advised against volleyball. Several
parents and one teacher I know seemed comfortable with their children's dislocations,
brain injuries and fractures. I agreed with the knee doctor. Many tears, parents
pleading, Nora wants to be with her friends. "Your daughter has issues with you." I was
approached. We need some flexibility here. I said, December 22 will be one year in
our new home around the corner from the school. My family needs rest. I went under
oath saying; my husband's mother just completed a history of heart disease and had
566 November 12, 2013
open heart surgery, chest to navel cut. My husband and I just accomplished hashing
out, conquering the heavy stress of chronically ill parents. Through small groups, mom
constantly went and attended over the last two to four years with Thursdays, Penn
Forrest Church; Tuesdays, Cave Spring Baptist Church; Faith Christian Roanoke Valley
Parent Fellowship group; Saturdays, prayer group. The purpose of my humbly coming
before you was clarity. By the way, "your child was outside in the world." "I came in the
front door, mom, I have a key you know." I said, I know you Carly and I love you deeply
and dearly. We now live on the road where Clearbrook Elementary school is. We live
opposite the Walmart on 220. My husband faithfully takes care of many Roanoke
Valley diabetes patients. I train my children as Christians, like we all try to do. Thank
you so much for this time to clear up my name and my parenting, my new teens, twelve,
fourteen and fifteen year old girls. Thank you Mr. Chairman I have brought along a
profile, helping to clear up who I am and I can leave it."
Chairman Altizer advised Mrs. Mulinda to leave the information with Mr.
Goodman.
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Elswick thanked all the citizens that voted last week and
exercised their rights in a democratic society and he would like to ask people to identify
their houses and their driveways. There are so many where there is not a number
visible. He would like people to know if there is ever an emergency situation and they
cannot find you, you could have a problem. So, he would ask everybody to do a good
job of identifying their driveways and their houses.
Supervisor Moore stated yesterday was Veterans Day and thanked all the
veterans and the active servicemen and women for their service.
Supervisor Flora stated he would like to acknowledge the successes of his
alma mater, William Byrd. They have had a pretty good year. Secondly, he
congratulated one of his colleagues, Charlotte Moore, for her election to the Board of
Directors of Virginia Association of Counties today. Congratulations on that; she will
actually be replacing him since he is going off the Board.
Supervisor Church offered congratulations to his Northside Vikings, North
Roanoke, Peters Creek Road, Coach Burt Torrence and his fine, capable staff.
Northside is under the direction of Principal Frank Dent. The Vikings were victorious
over William Byrd; not to put William Byrd down, but it was a very tough ballgame and
probably the toughest game Northside has had all year. We are nine and one.
Northside and William Byrd made the playoffs, which is a good thing and the Vikings will
host Brookfield at Viking stadium this Friday at 7:00 p.m. Everyone who can, please
come out and cheer on the Vikings with what we hope to be another victory. He stated
he wanted to clarify one thing he mentioned to Mr. Mahoney and on the air with Mr.
Goodman, this afternoon during our 3:00 p.m. session, we had a long discussion about
November 12, 2013
567
a Code of Conduct issue for the Board of Supervisors and it was passed on a three to
two vote. His purpose for making a comment now is to be sure that since we will have
three new Board members in January to place this on the agenda for a review, a
change or to rescind with some added information.
Supervisor Altizer stated he would also like to thank William Byrd for
finishing a good season with eight and two and going on to the playoffs. Roanoke
County high schools are being represented well in football this year. Congratulations to
the Vinton district and to the Catawba, Hollins district as far as Northside and hopes
everyone has a good weekend.
IN RE: ADJOURNMENT
Chairman Altizer adjourned the meeting at 7:43 p.m.
SyIgnitted by: Approved by:
Deborah C. Ja s O'sepfi P. McNamara
Clerk to the B and Ch Oman
568 November 12, 2013
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