HomeMy WebLinkAbout2/1/2022 - Regular1
Vinton Town Council
Regular Meeting
Council Chambers
311 South Pollard Street
Tuesday, February 1, 2022
AGENDA
Consideration of:
A. 6:00 p.m. - JOINT WORK SESSION WITH PLANNING COMMISSION
1. Continuation of briefing on the adoption of the newly revised Zoning Ordinance
and the repealing of the existing Zoning Ordinance for the Town of Vinton -
Nathan McClung
B. 7:00 P.M. - ROLL CALL AND ESTABLISHMENT OF A QUORUM
C. MOMENT OF SILENCE
D. PLEDGE OF ALLEGIANCE TO THE U. S. FLAG
E. UPCOMING COMMUNITY EVENTS/ANNOUNCEMENTS
F. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA
ITEMS
G. CONSENT AGENDA
1. Consider approval of minutes of Regular Meeting of January 18, 2022
H. AWARDS, INTRODUCTIONS, PRESENTATIONS, PROCLAMATIONS
1. Latinas Network Government/Municipality Recognition 2021 – Chasity Barbour
I. CITIZENS’ COMMENTS AND PETITIONS - This section is reserved for comments and
questions for issues not listed on the agenda.
J. PUBLIC HEARING
1. Consideration of public comments regarding a proposed amendment to the Town
of Vinton’s FY 2021-2022 budget to appropriate funding from the FY21 Virginia
Stormwater Local Assistance Fund (SLAF) for The Woodland Place Stream
Restoration Project in the amount of $570,000.00
Sabrina M. McCarty, Vice Mayor
Keith N. Liles, Council Member
Laurie J. Mullins, Council Member
Michael W. Stovall, Council Member
Vinton Municipal Building
311 South Pollard Street
Vinton, VA 24179
(540) 983-0607
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a. Open Public Hearing
• Report from Staff – Anita McMillan
• Receive public comments
• Council discussion and questions
b. Close Public Hearing
c. Consider adoption of a Resolution
K. TOWN ATTORNEY
L. TOWN MANAGER
1. BRIEFINGS
a. Briefing on Amendment to Memorandum of Understanding (MOU) dated
July 1, 2019 between Roanoke County and the Town of Vinton – Town
Manager
2. ITEMS REQUIRING ACTION
a. Consider adoption of a Resolution allowing the Town Treasurer/Finance
Director to remove outstanding Personal Property delinquent taxes and
Vehicle License Fees over five years old from the active records to a
permanent file – Anne Cantrell
b. Consider adoption of a Resolution allowing the Town Treasurer/Finance
Director to remove outstanding water and sewer delinquent bills over five
years old from the active records to a permanent file – Anne Cantrell
3. PROJECT UPDATES/COMMENTS
M. REPORTS FROM COMMITTEES
N. COUNCIL
O. MAYOR
P. CLOSED SESSION
1. Request to Convene in Closed Meeting, Pursuant to § 2.2-3711 (A) (1) of the
1950 Code of Virginia, as amended, for discussion of the annual performance of
the Town Manager.
Q. RECONVENE AND ADOPT CERTIFICATION OF CLOSED MEETING
R. ADJOURNMENT
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NEXT COMMITTEE/TOWN COUNCIL MEETINGS:
February 7, 2022 – 2:00 p.m. – Finance Committee Meeting – Council Chambers
February 11, 2022 – 1:00-4:00 p.m. – Council Strategic Planning Retreat, Council Chambers
(rescheduled from January 28, 2022)
February 15, 2022 – 6:00 p.m. – Regular Council Meeting, Council Chambers
NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT.
efforts will be made to provide assistance or special arrangements to qualified individuals with
disabilities in order to participate in or attend Town Council meetings. Please call (540) 983-0607 at
least 48 hours prior to the meeting date so that proper arrangements may be made.
Meeting Date
February 1, 2022
Department
Planning and Zoning
Issue
Continuation of briefing on the adoption of the newly revised Zoning Ordinance and the repealing of
the existing Zoning Ordinance for the Town of Vinton
Summary
In 2018, the Town of Vinton was awarded a technical assistance grant from the Office of Intermodal
Planning and Investment (OIPI). The purpose of this grant was to propose revisions to the Town codes
(zoning and subdivision) for the UDAs that have been identified in the Town. Relevant topics included
adequate water and sewer, connections to the transportation network, and regulations that allow for
Traditional Neighborhood Design (TND).
Over the past three years, expanding beyond the proposed changes identified during that grant cycle,
town staff and the Planning Commission have been in the process of conducting a complete and in-
depth revision of zoning ordinance. After extensive deliberative public feedback processes (both virtual
and in-person) and legal reviews, town staff find that the current draft of the revised Zoning Ordinance
is prepared for a final stage of review by the Commission and Town Council before its proposed
adoption.
Council and Planning Commission were briefed on the Proposed Sign Ordinances Revisions and
Accessory Dwelling Unit Regulations at their January 18, 2022 meeting. This Work Session will
continue with the remainder proposed revisions to the Zoning Ordinance.
Attachments
Factsheets
PowerPoint Presentation
Recommendations
No action required
Town Council
Agenda Summary
1
Town of Vinton Planning and Zoning
Proposed Homestay Regulations
INTRODUCTIO N TO HOMESTAYS
The use of short-term rental units (or homestays) is continuing to grow across the United States
and the world as individuals seek alternative options of lodging when traveling and vacationing.
The main draw of these lodging opportunities includes their affordability, uniqueness, locations,
and convenience. Unlike the typical hotel or bed and breakfast, these rental units are housed within
the homes, accessory dwelling units, etc. of individuals who can utilize these spaces for secondary
means of income. Despite the mass appeal of these online platforms and the convenience they
bring to guests and hosts alike, local governments must provide standards and regulations in order
to promote equity among businesses, protect public health and safety, and effectively provide
enforcement to preserve the residential character of their neighborhoods. As shown in Appendix
1 of this memorandum, the homestay ordinances from various localities differ in many ways as
they seek to tailor these regulations to match the demands and needs of their respective jurisdiction.
REGISTRATION REQUIREMENTS
First and foremost, the capability and level of enforcement is a major function that a locality should
analyze for issuing any form of restriction within their ordinance. Some localities have an annual
registration requirement with the dual purpose of verifying the applicant’s credentials to have this
use and collect information for tax purposes. The registration process ensures that the dwelling
unit is located on the property that is the principal residence of the property owner. It also allows
localities to track the collection of a transient lodging tax from these property owners through
various physical and/or digital means. The lodging tax promotes fairness within this specific
industry by requiring these entities to not be exempted from the taxes that bed and breakfast
establishments, hotels, motels, etc. have to pay regularly in their operations.
RECOMMENDED REGISTRA TION REQUIREMENTS
• No host occupant shall operate a homestay or advertise a residential property for homestay
use without first registering and obtaining a permit for homestay with the town.
• The host occupant shall register with the department of finance to collect and remit the
town's transient lodging tax and other applicable fees and taxes as set forth in chapter 86,
taxation.
• The registration shall be valid from January 1st (or from whatever date the registration first
occurs) through December 31st of the calendar year, and shall be renewed annually.
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USE REGULATIONS
The use regulations attached to these homestays serve the purpose of ensuring that the residential
character of neighborhoods are preserved and the original intentions of these business ventures as
short-term rentals are upheld.
RECOMMENDED USE REGU LATIONS
• The dwelling shall be the principal residence of the host occupant.
o Justification: Some localities in the Commonwealth restrict the total number of
rental days in a calendar year due to their proximity to major entertainment venues,
collegiate institutions, etc. Although there are minimum and maximum day limits
placed on individual stays, staff do not find it practical to place a maximum number
on total number of rental days in a calendar year.
o Definition of principal residence: “Principal residence means a person's principal
home and domicile. If a person maintains more than one residence, their principal
residence, for the purpose of this Appendix, shall be the residence where they live
for more than half of the calendar year. However, if (1) the person owns another
dwelling unit that is not licensed for long term rental; (2) the person's spouse or
domestic partner has a different principal residence; (3) the person's driver's license,
voter registration or any dependent's school registration shows a different residence
address; or (4) the Roanoke County Assessor lists a mailing address from the
dwelling unit address, it shall be presumed that the dwelling unit in question is not
a principal residence. Provided, however, no presumption shall apply in any
criminal proceeding.”
• Rooms shall be rented only on a daily or weekly basis. Stays shall not exceed fourteen (14)
days. The minimum contract rental period for the guest party shall be 24 hours.
o Justification: Maintains the original purpose of these stays being short term and
does not allow a landlord-tenant relationship to be created.
• The maximum number of adult guests in a homestay unit is limited to six (6) and no more
than five (5) sleeping rooms can be utilized during any one stay.
• The principal guest of a homestay unit shall be at least eighteen (18) years of age.
• The name and telephone number of the host or the host's designee shall be conspicuously
posted within the homestay unit. The host shall answer calls twenty-four (24) hours a day,
seven (7) days a week for the duration of each short term rental to address any problems
associated with the homestay unit.
o Justification: Use regulations can also include limitations on the number of
occupants per visit and factors related to communication and accountability.
Accountability is of the utmost importance when contriving these regulations, as it
ensures that both hosts and guests are held responsible for the actions and potential
nuisances that occur on the property. In light of this, some jurisdictions have an age
limit and require the hosts to be available to address complaints and concerns of the
guest and/or locality on a 24/7 basis. The occupancy restrictions of these
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benchmarked localities range from 4 to 8 guests, which also addresses safety
concerns related to variable fire risks.
• The garbage and recycling collection schedule and guidelines shall be posted in a
prominent location inside the dwelling.
• No recreational vehicles, buses, watercraft, personal utility trailers, or recreational
equipment trailers shall be parked on the adjoining street or on the property in conjunction
with the homestay use.
• No outdoor signs in conjunction with the homestay shall be displayed on the property
o Justification: The regulation that most jurisdictions share includes the prohibition
of signage advertising the homestay unit on the property. This regulation coincides
with the current signage ordinance revisions.
SAFETY REGULATIONS
Although these dwelling units serve a purpose of lodging, not all residential properties are set up
in a way that promotes safety and welfare. In comparison to hotel establishments, these dwelling
units will pale in comparison to the building and fire code restrictions they must follow. However,
these regulations ensure a level of safety precautions and set the precedent for the protection of
life and property. Potential safety measures include requiring for an appropriate means of
ingress/egress in a unit, working smoke and carbon monoxide detectors, fire extinguishers in the
kitchen, and more devices that help save lives in times of emergency.
RECOMMENDED SAFETY R EGULATIO NS
• There shall be a working fire extinguisher located in the kitchen.
• The unit shall have smoke alarms and carbon monoxide detectors meeting current
Underwriters Laboratory standards installed as follows:
o In all sleeping areas.
o In every room in the path of the means of egress from the sleeping area to the door
leading from the sleeping unit.
o In each story within the sleeping unit, including basements.
• Any sleeping area must have one (1) other adequate method of egress beyond the entrance
point.
• As part of the registration process, the host shall certify that the homestay unit meets the
requirements of this section. The registration forms shall also provide that, as part of the
registration, the host is agreeing to permit inspections of the home (at reasonable times and
after notice has been provided) to address complaints. The failure to permit such an
inspection is grounds for registration suspension.
REGISTRATION SUSPENSION AND CANCELLATION
The final section of a homestay ordinance is necessary for all regulations, which includes the level
and mechanism for penalties to be imposed on property owners who are noncompliant with these
provisions.
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RECOMMENDED PROVISIO NS FOR SUSPENSION
• A registration may be suspended or cancelled for the following reasons:
o Failure to collect and/or remit the transient occupancy tax.
o Three or more substantiated complaints within a 12-month period for violations of
the Vinton Town Code or the use regulations and safety regulations outlined in this
section.
o The failure of any homestay host to maintain his or her principal place of residence
or domicile at the dwelling unit used as a limited residential lodging.
• Before any suspension or cancellation can be effective, a duly designated officer of the
town shall give written notice to the homestay host. The notice of suspension or
cancellation issued under the provisions of this chapter shall contain:
o A description of the violations constituting the basis of the suspension or
cancellation;
o If applicable, a statement of acts necessary to correct the violation; and
o A statement that if no request for a hearing is made within ten (10) days from the
date of the notice, the registration will be suspended or cancelled;
• The notice shall be given to the host by delivering a copy of the notice in person. If the host
cannot be found, such notice shall be sent by:
o Certified mail or e-mail to the addresses in the registration form; and
o A copy of the notice shall be posted in a conspicuous place on the premises.
• If requested, a hearing shall be held before the town manager or the town manager's
designee. It is the burden of the host to demonstrate, by a preponderance of the evidence,
why the suspension or cancellation should not go into effect. The decision of the town
manager or designee may be appealed to the town council.
• It shall be unlawful to operate a homestay without registering as required by this article,
after a registration has been suspended or cancelled or in violation of any other requirement
of this article; the penalty shall be a fine of one thousand dollars ($1,000.00) per
occurrence.
CONCLUSION
Homestay dwelling units will continue to be utilized by individuals across the country as it grows
in popularity and demand. Localities must be proactive in preparing a section of their ordinances
that addresses all the concerns and issues that may arise from these operations. If a locality has an
existing homestay ordinance and tax collection system that can be enforced and operated, they will
have the legal, operational, and political ability to effectively manage these new enterprises.
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APPENDIX 1
DEFINITIONS
Blacksburg, VA: Homestay means the accessory or secondary use of a residential dwelling unit or a portion thereof by a host to provide room or
space that is intended for short term transient rental purposes in exchange for a charge for the occupancy. The primary use of the homestay unit
shall remain residential. For each booking transaction, all applicable taxes must be collected and remitted to the town as required by chapter 22
by either the host or the associated hosting platform. Such accessory or secondary use shall not create a landlord/tenant relationship.
Christiansburg, VA: Homestay means an accessory use to a dwelling where the host occupant offers their primary residence or a portion thereof
to a guest party for short-term occupancy for compensation in accordance with Sec. 42-664.
Roanoke City, VA: Homestay: An establishment that offers for compensation a portion of any dwelling unit for overnight stays to guests, and not
meeting the definition of a bed and breakfast.
IMPORTANT FACTORS DI AGRAM
Regulations Blacksburg Christiansburg Roanoke City
Registration Requirements
Registration with the locality each calendar year. X X
Collection of transient lodging tax X X X
Primary residence of the property owner X X X
Use Regulations
Limitations on the total number of rental days in a year X
No signs advertising the homestay unit on property X X X
Exterior changes to the building must maintain the character of the building X
Restriction on additional services (food/beverage) provided by host X
Use of accessory structures for living accommodations
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X X X
No recreational vehicle, buses, or trailers parking in conjunction with use X X
Prominent posting of garbage guidelines for guests X X
Owner or leaseholder must occupy dwelling unit during stays X
Contact information of host posted with 24/7 availability required X
Each stay shall not exceed fourteen (14) days X
The principal guest must be at least eighteen (18) years of age X
No more than two (2) bedrooms for guests X
Occupancy restrictions include: 6 adults 4 total guests
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Town of Vinton Planning and Zoning
Proposed Off-Street Parking Revisions
RECOMMENDED REVISION S
The section of the ordinance that deals with Off-Street Parking should be selectively revised to
modernize and update the parking standards. Outdated ways of calculating parking by number of
employees or number of seats, for example, should be replaced by more universal parking
requirements by square footage. These standards will be modified in the existing chart that
distinguishes various use types. In addition, a maximum parking standard will be added for most
non-residential uses.
JUSTIFICATION OF CHA NGES
Many localities around the country are modernizing their parking standards to be more in line with
current parking needs. In particular, more and more localities are bringing their standards in line
with those recommended in the Institute of Transportation Engineers' Parking Generation Manual,
as well as other national standards and recent standards adopted by other local governments. These
standards show reductions in standards for many types of uses, which were formerly based on
suburban models which quite often had excess parking capacity. In addition, capping excess
parking at a maximum of 150% of the minimum parking requirement allows for right-sized
parking lots and precludes large expanses of unused parking that aggravate stormwater runoff
issues and are unsightly when viewed from the street. Many of these more modern parking
standards also follow basic principles of Traditional Neighborhood Design (TND) by making for
more compact, walkable and attractive communities.
MAXIMUM MOTOR VEHICL E PARKING
Additional Section:
• In order to minimize the adverse impacts caused by improving large areas with impervious
surfaces, including increased stormwater run-off, urban heat island effects, and nonpoint
source pollution, the total number of motor vehicle parking spaces serving a use identified
in the parking requirements table as requiring this maximum shall not exceed 150 percent
of the minimum parking standards shown in that same table, unless either of the following
apply:
o Any spaces in excess of 150 percent of the minimum number required are located
in a structured parking facility; or
o A landscape plan that provides additional pervious landscape surfaces and increases
stormwater filtration has been reviewed and approved by the Zoning Administrator.
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Example of Proposed Changes
Medical or dental
clinic
5 per doctor, plus 1
per employee
1 per 250 sq. ft.
Church, other place
of worship
1 per 4 seats in main
auditorium
1 per 50 sq. ft. of
assembly area
Restaurants 1 per 100 sq. ft. floor
area enclosed assembly
Y
bedrooms dwelling
N
OPTION: REDUCTION FO R ON -STREET PARKING
Proposed additional provision for the option to reduce the total number of required off-street
parking spaces:
• The total number of required off-street parking spaces for a non-residential use as set forth
in schedule of parking requirements may be reduced by one (1) space for every twenty (20)
feet of lot frontage on a street to the extent that on-street is permitted along the same
frontage. The Vinton Public Works Department shall determine if on-street parking is
permitted along the said frontage used for this reduction.
OPT ION: REDUCTION FOR P ROXIMITY TO PUBLIC T RANSIT
Proposed additional provision for the option to reduce the total number of required off-street
parking spaces:
• Where a use is located within one thousand two hundred (1,200) feet of a public transit
route, the total number of required off-street parking spaces, unassigned to specific persons,
may be reduced to eighty (80) percent of that otherwise required as set forth in the schedule
of parking requirement. For the purpose of this provision, the distance shall be measured
from the public transit route to the property line of the use via a normal pedestrian route of
travel.
OPTION: OFF-SITE, OF F -STREET PARKING OPTIONS
Proposed additional provisions for the option to provide off-street parking spaces at an off-
site premises:
Required off-street parking spaces shall be located on the same lot or on a contiguous lot under
the same ownership as the use for which they are required, provided that spaces for any use in the
CB, GB, MUD, M-1, or M-2 district, where applicable, may be located off the premises in the
form of off-site, off-street parking, when all of the following conditions are met:
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1) The parking area within which such parking spaces are provided shall comply with the use
regulations and all other requirements of the district in which it is located;
2) All such parking spaces shall be located within 500 feet by normal pedestrian route of a
principal entrance to the building they serve. For the purpose of this requirement, the distance
from off-street parking spaces to the lot served shall be measured from the nearest parking
space to the principal entrance to the building on the lot of the use served;
3) Off-site, off-street parking shall be designated for the purpose of the off-site use it serves and
shall not be used to meet the minimum off-street parking requirements of another use, unless
the Zoning Administrator determines that the uses for which the off-street parking spaces are
designated do not constitute simultaneous use of the parking spaces;
4) The off-site, off-street parking area shall either be owned by the owner of one (1) of the uses
or leased for at least a 20-year term or through a permanent easement by the owner of the uses
being served;
5) No changes shall be made to the shared parking area which would reduce the parking provided
for the uses, unless the owner of one (1) of the uses makes other arrangements to provide
parking. No such changes shall be made without Zoning Administrator approval;
6) Handicap parking spaces cannot be shared, unless the uses that are to share the spaces are
adjacent to the handicap spaces and no inconvenience to the users of such spaces would be
created;
7) Any proposed change in the use of a structure that shares a parking area will require proof that
adequate parking is available. Should ownership or lease agreement terminate, the use for
which off-site parking was provided shall be considered nonconforming and any and all
approvals, including a special use permit, shall be subject to revocation. Continuation or
expansion of the use shall be prohibited unless the use is brought into compliance with the
parking regulations of this appendix.
MAINTENANCE OF PARKI NG AREAS
Proposed addition requiring maintenance:
• All parking and off-street loading areas, including those areas with pervious or semi-
pervious parking lot surfacing materials shall be subject to an on-going maintenance
program, and maintained in safe condition and good repair at all times so as not to
constitute a hazard to public safety or a visual or aesthetic nuisance to surrounding land.
All signage and pavement markings shall also be maintained.
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P ERVIOUS OR SEMI -PER VIOUS SURFACING
• The use of pervious or semi-pervious parking lot surfacing materials—including, but not
limited to—pervious asphalt and concrete, open joint pavers, and reinforced
grass/gravel/shell grids may be approved for off street parking and loading areas except on
industrial and other sites where there is reasonable expectation that petroleum and other
chemical products will be spilled, and provided such surfacing is subject to an on-going
maintenance program (e.g., sweeping, annual vacuuming). Any pervious or semi-pervious
surfacing used for aisles within or driveways to parking and loading areas shall be certified
by a design professional as capable of accommodating anticipated traffic loading stresses
and maintenance impacts or as approved by the Director of Public Works. Where possible,
such materials should be used in areas proximate to and in combination with onsite
stormwater control devices.
o Justification: This section was added to allow flexibility for those properties that
desire to include pervious paving materials for a more environmentally friendly
approach to development and potential credit toward stormwater management
requirements.
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Town of Vinton Planning and Zoning
Proposed Dimensional Revisions
INTRODUCTION TO THE REVISIONS
The following proposed changes involve revisions to the dimensional standards for lots in various
zoning districts in the Town of Vinton. The dimensional standards in question involve setback
distance, building height, and potential lot coverage requirements.
R -B RESIDENTIAL -BUSINESS FRONT YARD SETBACK REDUCTION
Suggested Changes:
• Reduce the front yard setbacks from 25 ft. to 15ft.
o Justification: Most of the R-B zoning is along Washington and Virginia Avenues.
There are a number of older homes converted or converting to commercial uses
with non-conforming front setbacks smaller than 25 ft. The reduced front setback
would bring many of these into conformance. The reduced setback also promotes
walkability. The 15 ft. front setbacks would allow development closer to the
sidewalks while still providing appropriate separation from traffic on the arterial
roadways.
Graph 1 shows that currently 49% of all the properties zoned R-B are not in compliance with the
25 feet setback requirements in a legal non-conforming way. Graph 2 show the percentage changes
in compliance that would take place if the setback requirements were reduced to 15 feet. The data
reveals this change would allow for 83% of the total properties zoned R-B to become compliant
with the new zoning regulations. The change would allow for a 32% increase in compliant R-B
properties and reduce legal non-conforming R-B properties to account for a mere 17% of the total.
Overall, implementing this recommendation allows for more properties to become compliant with
the zoning code and foster a pedestrian friendly environment for current and future developments
in R-B districts.
cb CEntral Business setback and building height
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PROPOSED CHANGES IN THE CENTRAL BUSINESS DISTRICT
INCREASE BUILDING HE IGHT LIMIT
Revision:
• The first major recommendation is to increase the height limit in this district from 35 feet
to 45 feet or four (4) stories, whichever is less.
• Justification: The main justification for this increase would be to allow for greater density,
particularly in relation to future mixed-use development with dwelling units being located
above retail spaces. During the final UDA advisory committee meeting in December 2018,
it was recommended that we change the regulation to allow for four (4) stories in general,
rather than setting a specific maximum in feet. In preparation of this memorandum, sixty-
six (66) properties in the CB District were analyzed to calculate their building height (in
stories). Chart 1 shows the percentages of different building heights among these
properties. Overall, 55% of the buildings in the Downtown area are between 11 and 19 feet
in height. Presently, the tallest building in this district is only 36 feet in height, so these
revisions will not cause legal non-conformities. Current and future developments or
redevelopments will have the potential to incorporate a higher number of residential
dwellings in the upper floors in a mixed-use format if this height limit is increased.
3%
55%
33%
9%
Chart 1. Building Heights (ft.) in the CB District
0-10 ft. 11-19 ft. 20-29 ft. 30+ ft.
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ESTA BLISH A MAXIMUM FRONT YARD SETBACK DISTANCE
Revision:
• Revise the front yard setback requirement in the CB District to have a maximum of 15 ft.
• Justification: The establishment of a maximum front yard setback ensures that buildings
are not set back too far to incentivize walkability and keep storefronts closer to the sidewalk
where pedestrian traffic will flow.
This recommendation was presented by consultants in 2018 and originally included the front
setback requirements being described as a range, with a minimum and maximum yard requirement.
The reason for the minimum was to allow for a buffer for potential utility improvements and allow
for a minimal sidewalk to be located within the public right of way. Although the Town staff agrees
with the utilization of a front yard setback maximum in this district, they requested the Planning
Commission forfeit the recommendation of a minimum requirement. Our current zoning
regulations and other localities in the Commonwealth utilize a zero-foot minimum setback to
accommodate for the existing structures typically found in Downtown areas and foster a
pedestrian-oriented urban streetscape.
The data collected during this research phase shows the existing front yard setbacks of structures
located in the CB District in the Town of Vinton, which will allow for these regulations to be
tailored specifically for our present and future developmental standards. Table 1 shows the
frequency of front yard setback (in feet) amounts among the 66 properties in the CB District.
Presently, 34 of the properties currently have a zero-foot front yard setback which constitutes 52
percent of the total number of properties as indicated in Graph 2. With over half of the properties
having this setback characteristic, we should be attentive when preparing regulations for future
developments to follow. For example, if an existing block has a row of parcels with zero-foot front
yard setbacks, we should be weary of requiring a new infill development to have front yard setback
greater than zero. Of course, the nature of each block may vary in the CB District, so different
approaches should be taken when constructing these developmental standards.
34
5 6 8
13
0
5
10
15
20
25
30
35
40
0 0-5 5-10 10-15 15+
Fr
e
q
u
e
n
c
y
Setback (ft.) Ranges
Table 1. Front Yard Setbacks (ft.) in CB District
1
Town of Vinton Planning and Zoning
Proposed New and Revised Use Regulations
INTRODUCTION TO USE CLASSIFICATIONS
The following proposed new and revised use classifications include entirely new uses that were
previously not in the Zoning Ordinance, or revisions of the organization or supplemental
regulations associated with pre-existing uses. Each of the sections below will cover the new,
revised, or reorganized use classifications and its supplemental regulations, if applicable. In many
cases, a use will be permitted by right only in the case that all the supplemental regulations are
able to be met. These supplemental regulation ensure that particular uses do not impede the
promotion of the health, safety, and general welfare of the public and other objectives set out in
the Code of Virginia, § 15.2-2200.
MULTI -FAMILY DEVELOPMENTS IN THE R -3 DIS TRICT
Overview
Based on research of high density/multi-family zoning districts located within the Commonwealth,
it has been shown that most all localities permit the development of multi-family dwellings by-
right up to specifically set dwelling units per acre threshold (See Appendix 1). By using this
measure of dwelling units per acres, localities can ensure that a development’s size is compatible
with the intent or purpose of the zoning district, while still ensuring that there is not an undue
burden on public services or related causes of congestion/overcrowding of land.
Town staff are recommending that multi-family dwellings that are proposed to be 12 or fewer du
per acre be permitted by right in this zoning district. These developments would still have to follow
the existing supplemental regulations in the zoning district, and there would still be a set maximum
density even in the case of a special use permit request. The table below shows the proposed
classification categories:
Dwelling Units (du) per acre Permission Classification
12 or fewer du per acre By Right
Between 13 and 24 du per acre Special Use Permit (SUP)
ALTERNATIVE FINANCIA L INSTITUTIONS
Definitions
• Alternative Financial Institution. Check cashing establishment (as a primary use), motor
vehicle title lender, payday lender, or precious metals dealer, as defined in this Article.
2
o Check cashing primary use. Person or establishment engaged in the business of
cashing checks, drafts or money orders for compensation, and registered with the
state corporation commission pursuant to Code of Virginia.
o Motor vehicle title lender. Establishment engaged in the business of lending money
secured by a non-purchase interest in a motor vehicle.
o Payday Lender. Establishment, other than a bank, credit union, or savings and loan,
engaged in the business of making short-maturity loans on the security of a check,
any form of assignment of an interest in the account of an individual at a depository
institution, or any form of assignment of income payable to an individual, other
than loans based on income tax refunds.
o Precious metals dealer. Any person or establishment defined as a dealer in the
Vinton Town Code Sec. 74-30 that is not accessory to a jewelry or coin store.
Permitted zoning districts include:
• General-Business (GB): By-right
• Central-Business (CB): Not permitted
MASSAGE PARLORS & MASSAGE CLINICS
Definitions
• Massage Parlor. Any establishment having a fixed place of business where massages are
administered or any establishment holding itself out through representations of its
employees or agents or in any advertising medium as a place where massages are
administered. This definition shall not be construed to include a hospital, nursing home,
medical clinic or the office of a duly licensed physician, surgeon, physical therapist,
chiropractor, osteopath, a massage therapist who is licensed by the Virginia Board of
Nursing, or a barber shop or beauty salon in which massages are administered only to the
scalp, face, the neck or the shoulders.
• Massage Clinic. An establishment where all active employees are massage therapists
certified by the Virginia Board of Nursing, as evidenced by the holding and continual
renewal of a license issued by the Board, carries out measures prescribed by doctors,
chiropractors, and other medical professionals.
Proposed Changes:
The proposal included is to ensure that licensed medical professionals who start businesses in the
Town of Vinton are protected and can continue to provide high quality services to the public
without disruptions from outside parties. Town staff are proposing that any establishment that
meets the definition of “massage parlor” be classified under the “adult use” category in the Zoning
Ordinance, which would require it to be located in the specifically permitted zoning districts and
meet the supplemental regulations stated within. Additionally, these uses would need to pay annual
license tax through a specific category designated in the Vinton Town Code.
3
COUNSELING SERVICES
Proposed Change:
• Remove the special use requirement for “counseling services” and permit is by right as an
“office use” in R-B, GB, and CB.
Definition of “Office”
• Office. An establishment primarily engaged in providing professional, financial,
administrative, management, clerical or other services not involving the manufacture,
assembly or repair of goods, or the storage or direct transfer of goods to the customer on
the premises, except as may be incidental to a service provided on the premises. If the
establishment provides counseling, guidance, recuperative, or similar services for persons
requiring rehabilitation assistance as a result of mental illness, alcoholism, detention, or
similar conditions, this shall only occur for part of a 24-hour day.
RESEARCH AND DEVELOP MENT FACILITY
Definition
• Research and Development Facility. An establishment which engages in research, or
research and development, of innovative ideas in technology-intensive fields. Examples
include research and development of communication systems, alternative energy sources,
transportation, geographic information systems, multi-media and video technology.
Development and construction of prototypes may be associated with this use. Excluded
from this use are any facilities which mass produce one (1) or more products directly for
the consumer market.
Permitted zoning districts include:
• General-Business (GB): By-right
• Central-Business (CB): By-right
Supplemental Regulations:
Standards in the GB and CB Districts.
(1) No exterior odor, dust, noise, or other objectionable impacts shall be produced as a
result of the use;
(2) Where appropriate to protect adjacent uses, hours of operation may be restricted.
PET DAYCARE FACILITY AND ANIMAL -RELATED FACILITIES
Definition
• Pet daycare facility. A facility where animals may be groomed, trained, exercised, and/or
socialized.
4
Permitted zoning districts include:
• Animal hospital or veterinary clinic, with outside runs, play yards, pens, or training areas.
o General-Business (GB): Special Use Permit
• Pet shops, pet grooming, and pet daycare facility, completely enclosed
o Residential-Business (R-B): By-right
o General-Business (GB): By-right
o Central-Business (CB): By-right
• Pet shops, pet grooming, and pet daycare facility, with outside runs, play yards, pens, or
training areas.
o General-Business (GB): Special Use Permit
o M-1 and M-2 Industrial: By-right
Supplemental Regulations for completed enclosed facilities:
(a) Applicability. The supplemental regulations of this section shall apply to any animal
hospital, veterinary clinic, pet shop, pet grooming service, and/or pet day care facility that
is completely enclosed permitted by this appendix, by right or by special use permit.
(b) Standards in the GB, CB, and MUD Districts:
(1) All facilities shall be located within completely enclosed and air conditioned
buildings which are soundproof to the extent that sound produced by animals kept
or treated therein are not audible outside of the building.
(2) These supplemental regulations shall not prohibit the occasional use of outdoors
areas for supervised animal relief.
Supplemental Regulations for those with outdoor components:
(a) Applicability. The supplemental regulations of this section shall apply to any animal
hospital, veterinary clinic, pet shop, pet grooming service, and/or pet day care facility
with outdoor play yards, runs, pens, or training areas permitted by this appendix, by right
or by special use permit.
(b) Standards in the GB, M-1, and M-2 Districts:
(1) No facility may be established within 300 feet of a residentially zoned district (R-
LD, R-1, R-2, R-3, R-B).
(2) Outdoor play yards shall be screened from view so as not to be visible from any
public street or adjacent property.
(3) Any outdoor play yard shall only be used between dawn and dusk for supervised
exercise and training use. This shall not prohibit the occasional use of outdoor areas
for supervised animal relief outside of these hours.
(c) Measure of distance
(1) All distances specified in this division shall be measured from the property line of
one use to another. The distance between a property containing this type of facility
and a residentially zoned district shall be measured from the property line of the
use to the nearest point of the boundary line of the residentially zoned district.
5
MOTOR VEHICLE OR TRA ILER PAINTING AND BO DY REPAIR
Purpose of these revisions:
• The previous ordinance definition required that certain auto or truck general repair services
to attain a special use permit in the GB district due the definition including the following
activities:
o Installation or removal of engines
o Transmissions or other major body or mechanical parts
o Body repair
o Painting or storage of wrecked vehicles
• After further research, it has been found that many of these activities, except body repair,
painting, and storage, pose no more risk or potential danger to public health and safety than
many of the common functions of a typical auto service center. With this, a new use
category will be added that specifically includes the main functions of motor vehicle or
trailer painting and body repair. The provisions surrounding wrecked vehicles still stands
as this use is only permitted in an automobile graveyard or junkyard.
Definition
• Motor vehicle or trailer painting and body repair. Any facility, or portion thereof, used for
the repair, replacement, or straightening of a motor vehicle body or frame or painting of
motor vehicles. Mechanical service and engine repair may be performed as an ancillary
function of the body work.
Permitted zoning districts include:
• General-Business (GB): Special Use Permit
• M-1 and M-2 Industrial: By-right
BREWERIES, MICROBREW ERIES, DISTILLERIES, AND
MICRODISTILLERIES
Definitions
• Brewery. An establishment primarily engaged in brewing ale, beer, malt liquors, and
nonalcoholic beer, with a capacity of greater than 315,000 gallons per year. A brewery may
include a restaurant or public tasting room as an accessory use.
• Micro-brewery. An establishment primarily engaged in brewing ale, beer, malt liquors, and
nonalcoholic beer, with a capacity of not more than 315,000 gallons per year. A micro-
brewery may include a restaurant or public tasting room as an accessory use.
• Distillery. An establishment primarily engaged in distilling and blending potable liquors,
including mixing them with other ingredients, with a capacity greater than 5,000 gallons
6
of finished product per year. A distillery may include a restaurant or public tasting room
as an accessory use.
• Micro-distillery. An establishment primarily engaged in distilling and blending potable
liquors, including mixing them with other ingredients, with a capacity of not more than
5,000 gallons of finished product per year. A micro-distillery may include a restaurant or
public tasting room as an accessory use.
Permitted zoning districts include:
• Brewery
o M-1 and M-2 Industrial: By-Right
• Microbrewery
o General-Business (GB): By-Right
o Central-Business (CB): By-Right
• Distillery
o M-1 and M-2 Industrial: By-Right
• Microdistillery
o General-Business (GB): By-Right
o Central-Business (CB): By-Right
Supplemental regulations (equivalent to that of an eating and drinking establishment):
• No deck, patio, terrace or other outside area for the service or accommodation of patrons
shall be situated within 100 feet of any property in any residential or R-B district;
• Covered trash containers shall be provided in service areas, and screening shall be provided
around service areas in accordance with the requirements for screening set forth in Article
V, except at entrances and exits, to prevent refuse from blowing onto adjacent properties
or streets;
• No music or public address system shall be operated in a manner that sound produced is
audible beyond the boundaries of the premises.
RETAIL STORES AND SH OPS, BOUTIQUE
Purpose
Retail uses have never been permitted in any form in the R-B Residential-Business district in the
town. However, due to a recorded history of requests by citizens and business owners to permit a
form of retail in this zoning district, it is being proposed by staff to allow for smaller-scale,
specialty retail uses in this district that would not cause any more land use or traffic impacts than
any other use currently permitted by right.
Definition
Retail store or shop, boutique. A small-scale (less than two thousand five hundred (2,500) square
feet) retail use which offers for sale items of art or crafts, clothing, prepackaged food and
beverages, gift bags, limited household supplies and hardware, or which offers for sale items
related to a specific theme, e.g., kitchen wares, pet care, Amish products, etc. “Boutique retail
7
stores or shops” shall not include fuel pumps or the selling of fuel for motor vehicles. “Boutique
retail stores or shops” shall not include the selling of tobacco products, nicotine vapor products,
alcoholic beverages, or lottery tickets or shares. “Boutique retail stores and shops” shall not include
a use that offers the sale of antiques as its principal activity. An antique for the purposes of this
ordinance shall be a work of art, piece of furniture, decorative object, or the like, of or belonging
to the past, at least 30 years old.
Permitted zoning districts include:
• Residential-Business (R-B): By-Right
• General-Business (GB): By-Right
• Central-Business (CB): By-Right
RETAIL STORES AND SH OPS, LARGE FORMAT
Purpose
This was initially proposed by Town staff in 2008 and is a good general practice to require
legislative review and approval of very large and complex development projects in certain zoning
districts in a locality.
Definition
Retail store or shop, large format. Retail sales uses, including those uses classified more
specifically by these use type classifications, located in any newly constructed or enlarged building
containing greater than 30,000 square feet of floor area devoted to retail and related accessory use,
whether on a single lot or contiguous lots owned or operated as associated, integrated, or
cooperative business enterprises
Permitted zoning districts include:
• General-Business (GB): Special Use Permit
• Central-Business (CB): Special Use Permit
MIXED -USE BUILDING
Purpose
Mixed-use buildings have been permitted by right in the GB and CB districts for some time now,
however the floor area requirements disallowed the extent to which the residential component
could be utilized. The new supplemental regulations remove the provisions concerning the floor
area requirements to incentivize more mixed-use developments or redevelopments in the Town’s
commercial districts.
Revised supplemental regulations:
(a) Applicability. The supplemental regulations of this section shall apply to any mixed-use
building permitted by this appendix, by right or by special use permit.
(b) Standards in the GB and CB Districts.
8
(1) Dwelling units shall be located above the first floor of the building or to the rear of
other permitted uses;
(2) Dwelling units shall be designed as an integral part of a building or group of
buildings, containing other permitted uses within the applicable zoning district.
DRIVE -UP FACILITIES
Purpose
The addition of supplemental regulations to drive-up facilities gives greater clarity to the standards
to meet which were previously housed in other sections of the zoning ordinance. The following
standards for drive-up facilities are intended to allow for such facilities in a manner that promotes
public safety and efficient operation by addressing their unique challenges, such as the siting of
the building, high volumes of traffic, vehicular access, and on-site circulation. A special use permit
is still required for drive-up facilities in conjunction with any use permitted in the Central-Business
(CB) district.
Supplemental Regulations:
(a) Purpose. The following standards for drive-up facilities are intended to allow for such
facilities in a manner that promotes public safety and efficient operation by addressing
their unique challenges, such as the siting of the building, high volumes of traffic,
vehicular access, and on-site circulation. The specific purposes of this section are to:
(1) Minimize the negative impact of drive-through facilities created by additional
traffic hazards from motor vehicles entering and existing the site;
(2) Promote safer and more efficient on-site vehicular and pedestrian circulation;
(3) Reduce conflicts between queued motor vehicles and traffic on adjacent streets; and
(4) Minimize the negative impacts drive-through facilities create on abutting
residential properties.
(b) Applicability. The supplemental regulations of this section shall apply to any drive-up
facilities permitted by this appendix, by right or by special use permit.
(c) Definitions. For the purposes of this section, the following words and terms are defined
as set forth below:
(1) Access: A way or means of approach to provide motor vehicle or pedestrian
entrance to or exit from a property.
(2) Access connection: Any driveway, street, curb cut, turnout, or other means of
providing for the movement of motor vehicles to or from the street network.
(3) Stacking lane: An area of stacking spaces and driving lane provided for motor
vehicles waiting for drive-through service that is physically separated from other
motor vehicle and pedestrian circulation on the site.
(4) Stacking space: An area within a stacking lane for a motor vehicle waiting to order
or finish a drive-through transaction.
(d) Standards.
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(1) Drive-up facilities shall provide a minimum number of stacking spaces on site in
accordance with the standards below:
Use with Which Drive-up
Facility is Associated Stacking Spaces Required
per Stacking Lane
(2) Each stacking space shall be a minimum of twenty (20) feet in length and ten (10)
feet in width along straight portions. Stacking spaces and stacking lanes shall be a
minimum of twelve (12) feet in width along curved segments.
(3) The minimum distance to any access connection for the site from the centerline of
the final transaction window shall be forty (40) feet.
(4) Stacking lanes shall be clearly identified and delineated from traffic aisles and
parking areas by means of striping, curbing, landscaping, or the use of alternative
paving materials or raised medians.
(5) Entrances to stacking lanes shall be clearly marked and shall be located at a minimum
of forty (40) feet from the intersection with the street. The distance shall be
measured from the property line along the street to the beginning of the entrance.
The entrance into the drive-through lanes shall not conflict with general access to
the site.
(6) Stacking lanes shall be designed so that they do not interfere with circulation both
on site and on adjacent streets. Toward that purpose, stacking lanes shall be
designed so they:
(A) Do not impede or impair access into or out of parking spaces;
(B) Do not impede or impair motor vehicle or pedestrian traffic movement;
(C) Minimize conflicts between pedestrian and motor vehicular traffic with
physical and visual separation between the two; and
10
(D) Do not interfere with required loading and trash storage areas, and loading
or trash operations shall not impede or impair motor vehicle movement. If
separate stacking is curbed, an emergency by-pass or exit shall be provided.
(7) Stacking lanes shall not enter or exit directly from or into a public right-of-way;
however, the Zoning Administrator may eliminate and/or allow the use of a public
alley standard based on specific conditions of the site.
(8) The intersection of stacking lanes and walk-in customer access shall be a minimum
of twenty (20) feet from any access connections and transaction windows. Such
intersections shall be provided with a crosswalk that uses alternative paving and
striping and includes warning signage aimed at both the pedestrian and motor
vehicle.
(9) Speakers shall be located at least fifty (50) feet from the property line of any
residentially zoned property.
(10) Menu boards, which shall not count toward freestanding sign allocations set forth
in Article V, shall be a maximum of fifty (50) square feet, with a maximum height
of eight (8) feet.
OUTDOOR DISPLAY USE
Definition
Outdoor display area. The placement of goods or merchandise for sale or for advertisement,
outside of the building or structure in which the merchandise is normally sold. For purposes of this
definition, motor vehicle inventory for sale or lease, motor vehicle rental inventory, motor vehicle
and commercial motor vehicle fleets associated with a business establishment, and the inventory
of a nursery or commercial greenhouse shall not be considered an "outdoor display area."
Supplemental Regulations:
• Such outdoor display area shall be located on the same lot as the principal use and shall be
customarily incidental to the principal use;
• Such outdoor display area shall be limited in square footage to fifteen (15) percent of the
area of the principal building;
• The maximum height of stacked displayed merchandise in such outdoor display area shall
be limited to six (6) feet;
• All outdoor display of merchandise shall be located immediately adjacent to the front or
side of the principal building, and not in drive aisles, loading zones, fire lanes, or parking
lots.
• Such outdoor display area shall be furnished with a surface material such as asphalt or
concrete; and
• Merchandise shall not be placed or located so as to interfere with pedestrian or building
access or egress, required vehicular parking and handicap parking, drive aisles, site access
11
or egress, loading spaces or access thereto, public or private utilities, drainage systems, fire
lanes, alarms, hydrants, standpipes or other fire protection equipment, or emergency access
or egress.
• An obstruction-free area at least five feet wide shall be maintained through the entire length
of the display area or between it and adjacent parking areas so as to allow pedestrians and
handicapped persons to safely and conveniently travel between parking areas or drive aisles
to the building and along the front and side of the building, without having to detour around
the display area.
• Merchandise shall not encroach into required setbacks, buffer yards, or the public right-of-
way, except for vehicle display areas.
Permitted zoning districts include:
• R-B Residential-Business District: By Right
• General-Business (GB): By Right
• Central-Business (CB): By Right
OUTDOOR STORAGE USE
Definition
Outdoor storage. The keeping or storing, other than in a wholly enclosed building, of any goods,
items, materials, or merchandise for more than twenty-four (24) consecutive hours. "Outdoor
storage" shall be permitted only as an accessory use where allowed by this chapter. For purposes
of this definition, motor vehicle inventory for sale or lease, motor vehicle rental inventory, motor
vehicle and commercial motor vehicle fleets associated with a business establishment, and the
inventory of a nursery or commercial greenhouse shall not be considered "outdoor storage."
Supplemental Regulations:
• Outdoor storage areas shall not be located in any required yard, in any area included in the
calculation of required open space, or in any required off-street parking spaces, vehicular
or pedestrian access, or landscaped areas.
• Outdoor storage areas shall not be located closer to a public street than the primary building
façade on the lot.
• Outdoor storage areas shall be situated on an improved surface or on a gravel or similar
surface. The Zoning Administrator may require a development plan including satisfactory
specifications for a sub-base, and the size, tamping, and containment of gravel and
documentation that dust will not be generated in an amount in excess of that which would
be generated by a paved surface or permeable pavement system prior to approval.
• Storage of bulk material, including, but not limited to sand, gravel, mulch or soil shall be
contained on site to prevent material deposition into or upon public or private streets or
alleys, any adjacent properties, or storm drainage system or waterway. Such containment
shall be shown on a development plan submitted to the Zoning Administrator for approval
and shall be in place prior to commencement of the storage activity.
12
• Areas devoted to outdoor storage of materials, supplies, equipment or outdoor servicing,
truck loading and unloading, trash collection or similar activity shall not be located within
any required yard, and shall be screened from all adjacent streets and properties by
buildings or by solid structural or vegetative screening material not less than six feet in
height. Structural and vegetative screening shall follow the standards for buffer yard
planting and screening set forth in the landscaping section of the Ordinance.
Permitted zoning districts include:
• General-Business (GB): Special Use Permit
• M-1 and M-2 Industrial: By-right
CONSOLIDATION OF USE CATEGORIES
The consolidation of numerous specific use categories under a single heading assists with
organization and allows uses that share the same foundational characteristics and classification to
share the same permissions in each respective zoning district. Below are examples of new use
categories that encompass numerous existing use classifications that are further expanded and
defined in the Article X, Definitions section.
USE CATEGORIZATION
Revisions
Use: Eating and drinking establishment
• Definition: Eating and Drinking Establishment. An establishment engaged in the
preparation and selling of food to the customer in a ready-to-consume state, and where the
customer consumes these foods on or off the premises, including the function of selling
beer, wine, or other alcoholic beverages for consumption on the premises. Such
establishment may provide, as an accessory function, live performances with only non-
electronic musical instruments or recorded background music and a dance floor not to
exceed ten (10) percent of the seating area of the establishment.
Use: Amusement, commercial, indoor
• Definition: Amusement, commercial, indoor. An establishment primarily engaged in the
provision of four (4) or more amusement or entertainment devices or machines or games
of skill, chance, or scoring to the general public for a fee, where all such activity occurs
enclosed in a building. Such games include billiards, pool, table tennis, dartboards,
foosball, pinball, video games, and other similar amusement or entertainment devices,
whether or not they are coin-operated. Typical uses include billiard and pool halls, video
arcades, and game rooms. "Indoor commercial amusement" establishments may include
accessory uses, such as snack bars, which are designed and intended primarily for the use
of patrons of the amusement use. "Indoor commercial amusement" establishments do not
include gun-firing ranges or any use which is otherwise specifically listed in the Use Tables
in Article IV of this chapter.
13
Use: Amusement, commercial, outdoor
• Definition: Amusement, commercial, outdoor. An establishment primarily engaged in the
provision of four (4) or more amusement or entertainment devices or games of skill or
scoring to the general public for a fee where any portion of the activity takes place outside
of a building, including miniature golf course, golf driving ranges, batting cages, or similar
facility. "Outdoor commercial amusement" establishments do not include go-cart or
motorcycle courses, raceways, drag strips, overnight camping, or gun-firing ranges, or any
use which is otherwise specifically listed in the Use Tables in Article IV of this chapter.
Use: Recreation, commercial, outdoor
• Definition: Recreation, commercial, outdoor. The provision of recreation facilities which
are predominantly participatory uses, and which are conducted in open or partially enclosed
or screened facilities. Typical uses include swimming pools, tennis or other outdoor racquet
courts, basketball courts, athletic fields, sports complexes, skateboarding courses, or
similar recreation uses. "Outdoor recreation" facilities may include any accessory uses,
such as snack bars, pro shops and clubhouses, which are designed and intended primarily
for the use of patrons of the principal recreational use. "Outdoor recreation" facilities shall
not include paintball fields or areas, go-cart or motorcycle courses, raceways, drag strips,
overnight camping, or gun-firing ranges, or any use which is otherwise specifically listed
in the Use Tables in Article IV of this chapter.
Use: Recreation, commercial, indoor
• Definition: Recreation, commercial, indoor: The provision of recreation facilities which
are predominantly participatory uses, and which are located and conducted entirely within
a building. Typical uses include bingo halls, tennis or other racquet courts, swimming
pools, bowling alleys, ice skating or roller skating rinks, batting cages, paintball facilities,
climbing walls, or similar recreation uses. "Indoor commercial recreation" establishments
may include accessory uses, such as snack bars, pro shops, and locker rooms, which are
designed and intended primarily for the use of patrons of the principal recreational use.
"Indoor recreation" establishments shall not include any use which is otherwise specifically
listed in the Use Tables in Article IV of this chapter.
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Appendix 1
Multi-Family Dwelling Use Research
Town of Vinton Zoning Ordinance Updates
Locality Permissions Zoning District Maximum
Density
Reference
Town of Vinton
(pop. 8,231) Special Use Permit R-3 Residential District 24 du per acre
Roanoke County
(pop. 95,583)
By-right R-3 (Medium-density) 12 due per acre Article III, Sec. 30-45,
Sec. 30-46 By-right 24 du per acre
City of Roanoke
(pop. 99,920)
By-right for 10 or fewer
(SUP if more) RM-2 Residential Mixed Density 1 du per 1,000 sq.
ft. Chapter 36.2, Article
III, Div. 1 By-right RMF Residential Multifamily 1 du per 2, 2,500
sq. ft.
Town of
Blacksburg
(pop. 44,215)
By-right
27 du per acre
Article III, Div. 8
48 du per acre
Christiansburg By-right R-3 Multiple-Family Residential 10 du per acre Chapter 42, Article VI.
By-right RMF Residential Multi-Family
15
Town of Vienna,
VA By-right RM-2 Multi-family, Low Density 1 due per 2,00 sq.
ft. Chapter 18, Article IX
VA By-right R-3 High Density Residential 12 du per acre Article VI, Sec. 605
Town of Culpepper,
VA
(pop. 17,557)
By right 12 du per acre Chapter 27, Article II,
Sec. 27-31 R3 – Residential High Density 24 du per acre
Town of
Warrenton, VA
(pop. 9,897)
By-right RMF Residential Multifamily
District
10 du per gross
acre Article III, Sec. 3-4.5
Town of Orange,
VA
(pop. 4,947)
By-right Traditional Residential – High
Density 30 du per acre Article V, Sec. 5-30
Purcellville, VA
(pop. 9,232) By-right R-15 Apartment residential district 15 du per acre Article 4, Sec. 1.2.64
1
Town of Vinton Planning and Zoning
Proposed Landscape Ordinance
INT RODUCTION
This proposed new division introduces new landscaping standards to enhance the Town’s
aesthetic and environmental context in relation to stormwater management, reducing urban heat
island effects, and enhancing public health and safety. Screening and buffer yard requirements
have been in existence, however these revisions provide greater guidance on the standards,
installation methods, and use types that require such provisions. These provisions are intended to
be flexible and allow space for creativity during the design and construction phases of a new
development or redevelopment project.
DRAFT OF LANDSCAPING ORDINANCE
DIVISION 5 . – LANDSCAPING, SCR EENING, AND BUFFER Y ARD
REQUIREMENTS
Sec. 6-18 - Purpose.
(a) Purpose. The purpose of this section is to provide for landscape planting. Landscaping standards
are intended to:
(1) Promote public health, safety and resilience;
(2) Prevent soil erosion;
(3) Provide shade;
(4) Conserve natural resources;
(5) Enhance the overall appearance of development sites.
(6) Mitigate potential negative impacts from development on adjoining lands;
(7) Provide a transition between private lands and the public realm;
(8) Create an attractive edge along the street for motorists and pedestrians; and
(9) Improve stormwater infiltration in certain locations.
Sec. 6-19. - Applicability.
(a) Applicability. All of the following types of development shall comply with the standards in this
section:
(1) The requirements of this division apply to any development for which a site development
plan is required by Article VIII, Division 3, "Site Plan Review.”
(2) The Town Council shall also have the authority to apply any of these requirements as a
condition of a special use permit approved by the Council.
Sec. 6-20. – Enforcement procedures and penalties.
(a) All landscaping, buffering, and screening materials must be in place prior to issuance of a
certificate of zoning compliance. In situations where a building, structure, or property, must be occupied
or used prior to completion of landscaping requirements, the Town may issue a temporary or partial
2
certificate of zoning compliance. A bond in the amount of forty (40) percent of the total cost of
landscaping shall be held until final zoning approval.
(b) Any violations shall be subject to Article VIII, Division 5, Section 8-41 of the Town of Vinton
Zoning Ordinance.
Sec. 6-21. – Landscaping plan.
(a) Landscaping Plan. A landscaping plan shall be submitted with an application for any development
subject to the requirements of this section. The plan shall depict how the proposed development complies
with the standards of this section.
(b) Landscaping Plan Preparation. A landscaping plan, when required through site plan review, shall
be prepared by a Virginia Licensed Landscape Architect, Virginia Certified Landscape Designer, or a
Certified Horticulturist or Arborist.
(c) Proposed planting chart shall be indicated on the landscaping plan. A landscape planting chart
showing the planting schedule, minimum size at planting, total canopy percentage, species, and total
canopy coverage for the site.
Sec. 6-22. – General standards for landscaping and screening.
(a) General Requirements.
(1) Acceptable vegetative ground cover consists of shrubs and ground cover including grass.
Using standards from recognized texts on the subject, the Zoning Administrator shall
decide the appropriateness of any such trees and ground cover.
(2) Species of trees shall not be planted if the roots cause damage to public utilities, the
branches are subject to a high incidence of breakage, or the fruit is considered a
nuisance or high maintenance, as determined by the Zoning Administrator.
(3) Landscaping within a sight distance triangle shall not include any evergreen tree and,
furthermore, shall not include shrubs or ground cover exceeding thirty (30) inches in
height above the graded ground level.
(4) When a determination of the number of required trees or shrubs, as set forth in this
division, results in a fraction, any fraction shall be counted as one (1) tree or shrub.
(5) If the development of any portion of a lot includes the creation of a slope of two to one
(2:1), horizontal to vertical, or greater, such slope shall be planted with vegetative cover,
subject to determination of the Zoning Administrator that the methods of planting will hold
the soil in place and that the proposed vegetative cover and rate of planting will ensure
stabilization of the slope.
(6) Trees planted to meet any of the requirements below may also be used to meet any other
screening or landscaping requirement within this Article.
(b) Planting materials. Where landscaping is required by this division, the following standards shall
apply:
(1) Trees used to meet the requirements of this division shall be selected from the current list
of landscape trees approved and published by the Zoning Administrator. Such list shall
specify minimum height or minimum caliper at planting, the 20-year canopy of trees in
square feet, and the suitability of each species for parking areas, site canopy, or buffer
yards.
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(2) Existing vegetation which meets the standards prescribed by this division, as determined
by the Zoning Administrator, may be preserved and may be used to meet some or all of
the landscaping requirements. Any existing vegetation to be preserved and incorporated
into the landscape must be adequately protected during construction to insure their
survival, as specified in the protection and preservation methods section below (Sec. 6-
23).
(3) All required landscaping materials shall meet the specifications and standards of the
AmericanHort, previously the American Nursery and Landscape Association. Native
plantings are encouraged when compatible with the surrounding land use. Every effort
should be made to incorporate healthy existing trees into the landscape and avoid the
use of highly invasive species.
(4) Where the planting of trees which have a height at twenty-year maturity which would
interfere with overhead utility lines, the Zoning Administrator may, as a part of
development plan approval, permit the substitution of trees with a lesser height at
maturity, provided the substitute trees shall be provided at a rate that will result in the
same amount of total tree canopy.
(c) Installation. The installation of required tree canopies, landscaping, buffering, and screening shall
meet the following requirements:
(1) 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.
(2) The planting of trees shall be done in accordance with either the standardized landscape
specifications jointly adopted by the Virginia Nursery and Landscape Association, the
Virginia Society of Landscape Designers, and the Virginia Chapter of the American
Society of Landscape Architects, or the road and bridge specifications of the Virginia
Department of Transportation.
(3) Minimum tree and shrub size. New and existing tree and shrub types shall be defined by
the height, caliper, and diameter at breast height per the Table below, Minimum Tree and
Shrub Size.
Table 1. Minimum Size and Spacing Requirements
Height At Planting Final Height Requirements
12″ 2′ minimum
or deciduous) 24″ 6′ minimum 5′ on center
5′ 15′ minimum 15′ on center
8′ 50′ minimum 20′ on center
1½″ caliper 15′ minimum
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Large deciduous trees 2″ caliper 50′ minimum N/A
(4) Maintenance. After approval by the Zoning Administrator that all landscaping required by
this chapter is complete and in healthy condition, the property owner shall be responsible
for the ongoing protection and maintenance of all required landscaping in a manner that
complies with the requirements of this chapter and in conformance with the approved
development plan. Where necessary to comply with the requirements of this chapter and
the approved development plan, dead or damaged landscaping materials shall be
replaced by the property owner within six (6) months of notification by the Town
Sec. 6-23. – Protection and preservation methods.
(a) Vegetation designated for protection and/or preservation shall be enclosed in a protection zone
which establishes limits of construction disturbance to the root area of designated plant material.
All protection zones and measures shall be established to the satisfaction of the zoning
administrator. During construction, plastic or wood fencing shall be installed at the perimeter of all
protection zones.
(1) Vegetation of specimen quality, historic designation or cultural value: Provide
extraordinary measures to ensure complete protection/preservation.
(2) Type of material specified may vary due to site-specific determinants. Silt, erosion
control, or geotechnical fabric materials are not acceptable for use as vegetation
protection.
(b) Areas designated for protection and/or preservation shall not be violated throughout the entire
construction period by actions including, but not limited to:
(1) Placing, storing, or stockpiling backfill or construction related supplies.
(2) Felling trees into the designated area.
(3) Burning within or in close proximity.
(4) Modifying site topography in a manner which causes damage by collection/ponding or
flow characteristics of site drainage.
(5) Trenching or grading operations.
(6) Operating equipment or machinery.
(7) Parking of construction vehicles.
(8) Temporary or permanent paving or impervious surface installation.
(9) Temporary or permanent utility construction installation.
(10) Disposal of construction debris or chemical pollutants.
(c) Work or construction related activities within areas designated for protection and/or preservation
of existing vegetation shall be accomplished only with prior approval of the zoning administrator.
Sec. 6-24. – Canopy coverage requirements.
(a) Definition of tree canopy. For purposes of this section, "tree canopy" shall include all areas of
coverage by existing plant materials exceeding five (5) feet in height, and the extent of planted
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tree canopy at maturity shall be based on the "canopy at 20 years" as set forth in the current list
of landscape trees referenced above in Sec 6-22.
(b) Trees shall be provided within the limits of construction to the extent that at twenty years from the
date of planting, tree canopies or covers will provide at least the following minimums:
Table 2. Canopy Coverage Requirements by District
Zoning District Tree Canopy
R-LD 20%
R-1, R-2 20%
CB 20%
R-3 10%
GB, R-B, M-1, M-2 10%
PD, MUD Per Uses Above
(c) Existing trees or wooded areas which are to be preserved, at the applicants option may be
included to meet all or part of the canopy requirements, provided the site plan identifies such
trees and the trees meet the standards of size, health, placement, etc. set out in this section. The
Zoning Administrator shall evaluate the use of existing trees to ensure they have adequate health
and strength to allow such use.
(d) Existing trees designated to be included as part of these requirements shall be protected during
construction by fencing placed at a distance in feet equal to or greater than the diameter of the
tree in inches at the height of 4½ feet.
(e) This section does not replace, or negate full compliance with, the requirements of any other
section of this chapter. However, if the trees provided to satisfy the requirements of street yard
trees (Section 6-26), buffer yards (Section 6-28) and parking areas (Section 6-25) equal or
exceed the tree canopy required by this section, no further planting of trees or tree replacement is
required in order to comply with the requirements of this section.
Sec. 6-25. – Parking lot landscaping.
(a) The following provisions are intended to require that 5% of the entire parking lot, excluding the
access drive, is landscaped with trees and vegetative ground cover. The area of the parking lot is
the square foot area of the parking spaces and aisles and interior parking lot islands, excluding
access drives that do not contain either parallel or perpendicular parking spaces.
(b) Within the parking lot there shall be planted one tree per ten spaces, rounded down to the closest
whole number.
(c) Planter islands or peninsulas containing trees shall be located within the parking lot, such that
each island or planter is surrounded on at least 3 sides by parking lot or an access road to the
parking lot. Their minimum size shall be 162 square feet in area, or equal total area in irregular
shapes such that adequate space is provided for adequate tree canopy maturation and protection
of the landscaping materials planted therein.
(d) Planter islands may be combined or placed together such that more than one tree may be
provided in the combined planter island, so long as the total space equals a multiple of the
requirements above.
(e) Perimeter plantings may be used to satisfy this requirement in parking facilities less than forty-two
feet in width.
(f) Perimeter planting beds at least 10 feet in width shall be provided whenever a parking area is
immediately adjacent to a public right-of-way. If a question arises as to whether or not a parking
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area is immediately adjacent to a public right-of-way, the Zoning Administrator shall make the
determination.
(1) Plantings within this area shall include trees and vegetative ground cover.
(2) Berms may be used in addition to, but not instead of plantings.
Sec. 6-26. – Adjacent right-of-way/street side plantings.
(a) Where a new or expanded development, or reconfigured parking area is proposed adjacent to a
public street right-of-way, a planting strip shall be established between the parking areas and the
adjacent right-of-way. The planting strip shall have a minimum width of ten (10) feet.
(b) Within this planting strip a minimum of one (1) large deciduous tree shall be planted every thirty
(30) linear feet along the public street right-of-way. Small trees planted every twenty (20) linear
feet, may be used where an overhead power line or other obstruction is present.
(c) The trees shall be planted adjacent to the public right-of-way on the site being developed, or with
the concurrence of the developer and the Zoning Administrator, in the public right-of-way.
(d) The Zoning Administrator may reduce or eliminate this standard based on the size, street
frontage, existing vegetation, and specific conditions of the site.
Sec. 6-27. – Applicability of buffering and screening requirements.
(a) A buffer yard shall be required of any lot in any zoning district when the lot in that district abuts a
zoning district of lower intensity as shown on the table in Sec. 6-28.
(b) Changes in use that require site plan approval, or a change in use of an existing development
where an existing use is replaced with a new more intense use (e.g., from a residential use to an
institutional use, or from a commercial use to an industrial use), shall be subject to these buffering
and screening requirements to the maximum extent practicable.
Sec. 6-28. – Perimeter buffer standards.
(a) Buffer Yard Standards
(1) Location and depth. A buffer yard shall be provided in any case where a side or rear lot
line of a lot abuts or is situated across an alley from property located in a district of lower
intensity as shown on the following table. The buffer yard shall be provided on the lot in
the higher intensity district.
(2) Buffer yards containing specified screening and plantings shall be required between
zoning districts of different intensities as shown in Table 3. For each required buffer type,
the developer of the site shall choose which option to install. Buffer yards shall be
installed in the higher intensity zoning district.
(3) Required buffer yards shall be located such that they provide a visual and physical barrier
between abutting zoning districts of different intensities and shall buffer and screen all
exterior storage, service, refuse, maintenance, repair, processing, salvage, and other
similar areas. No use of the site may be extended beyond the required buffer yard.
(4) Required buffer yards shall not be located on any portion of any existing or dedicated
public or private street or right-of-way, shall not obstruct the visibility of traffic circulation,
and shall not interfere with the use of adjoining properties.
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Table 3. Type of Required Buffer Yard
Zoning District Abutting Zoning District
R-LD, R-1, R-2, or R-3 RB GB or CB
RB A N/A N/A
GB or CB B A N/A
M-1 or M-2 C C B
Note: Buffer yard types are defined in the table below.
Table 4. Buffer Yard Requirements
yard, one row of small small evergreen trees, one row
yard, one row of large evergreen
trees, one row of small
evergreen trees
large evergreen trees, one row
of small evergreen trees, and
one row large of evergreen
(5) The buffer yard shall be reserved solely for screening and plantings, except for
required pedestrian or vehicular access driveways to the property, passive
recreation areas, or pedestrian or bicycle trails, which can be accommodated in a
manner that preserve the intended screening function between abutting zoning
districts of different intensities. In no case shall any portion of a required buffer yard
be used for parking, service, refuse, storage, maintenance, or any other use that
impairs the intended buffer function.
(6) The property owner or lessee shall have the responsibility to continuously maintain
the required buffer yards, screening and plantings such that they continue to meet
the specified standards and intent of this section. All materials shall be properly
installed and of durable construction.
Sec. 6-29. – Standards for buffer yard planting and screening.
(a) Planting required by this section shall be provided in accordance with the following standards:
(1) Vegetative material shall consist of evergreen shrubs or evergreen trees of such species,
size, shape and spacing as will provide effective visual screening in accordance with the
requirements of this section.
(2) Where necessary to provide the required screening effect, the planting pattern shall be
staggered.
(3) Where required, all evergreen shrubs shall have a height of at least 24 inches at the time
of planting and an ultimate height of six feet or more. Some evergreen shrubs that meet
these standards are various types of hollies, yews, and junipers.
(4) Where required, each small evergreen tree shall have a height of at least five feet at time
of planting and an ultimate height of 15 feet or greater. Some small evergreen trees that
meet these standards are various types of pines, hollies, upright arborvitae and junipers.
(5) Where required, each large evergreen tree shall have a height of at least six to eight feet
at the time of planting and an ultimate height of 50 feet or greater. Some large evergreen
trees that meet these standards are various types of pines, firs and hemlocks.
(6) Existing evergreen trees and shrubs which meet the requirements of this section may be
counted as contributing to total planting requirements.
(7) All portions of buffer yard areas not containing plantings shall be seeded with lawn grass
of other approved vegetative ground cover.
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(b) Screening required by this section shall be provided in accordance with the following standards:
(1) Screening shall be visually opaque and shall be constructed of a durable material. It shall
be installed within the required buffer yard, and shall be continuously maintained.
(2) Acceptable screening materials shall include stockade fences, decorative masonry walls,
brick walls, earth berms, and/or evergreen vegetation. Alternate materials may be
approved, if in the opinion of the Zoning Administrator, their characteristic and design
meet the intent and standards of this section.
(3) Screening shall be provided, in addition to the requirements listed above, for:
(A) All articles or materials being stored, maintained, repaired, processed, erected,
fabricated, dismantled, or salvaged, such that the activity is not visible from
surrounding properties or roads.
(B) Refuse storage and loading areas such that these activities are not visible from
surrounding properties or roads.
(C) Rooftop and ground level mechanical equipment such that it is not visible from
surrounding properties or roads.
(D) All trash dumpsters or containers used for recycling shall be screened so that it is
not visible from surrounding properties or roads. At minimum, the dumpster or
container shall be screened on three (3) sides with architectural screening.
Screening shall be based upon the standards above and subject to the approval
of the Administrator.
(1) Four (4) foot tall architectural screening is acceptable when
household style trash containers are used in place of dumpsters.
Sec. 6-30. – Modifications.
(a) Screening, landscaping, and buffer yards required by this section shall be applied equally to all
similarly situated properties. Modifications to these standards may be granted in writing by the
administrator if the administrator finds any of the following circumstances exist on the proposed
building site, or surrounding properties:
(1) Natural land characteristics such as topography or existing vegetation on the proposed
building site would achieve the same intent of this section;
(2) Innovative landscaping or architectural design is employed on the building site to achieve
an equivalent screening or buffering effect.
(3) The required screening would be ineffective at maturity due to the proposed topography
of the site, and/or the location of the improvements on the site.
(4) The topography of adjacent and surrounding sites is such as to render required screening
ineffective at maturity.
(5) The size or character of the area or equipment to be screened is such that screening may
be ineffective in carrying out the intention of this section.
(b) When the acreage of a site is significantly larger than the area proposed for physical
improvements or active usage, buffer yards shall be reserved as required by the section.
However, to achieve the intent of this section, the administrator may approve an alternative
location and design for required screening and plantings.
(c) When property lines abut an adjacent jurisdiction, the administrator shall determine the specific
screening and buffering requirements along that property line(s) after consideration of the zoning
designation and/or land use of the adjacent property. Requirements shall not exceed those that
would be required for similarly situated/zoned property within the Town.
(d) When a site plan is submitted to modify or expand an existing building or site improvements, or
accommodate a change in land use, buffer yard and screening requirements shall only be applied
to those portions of the site that are directly affected by the proposed improvements, or change in
land use, as determined by the administrator.
(e) The areas of any required buffer yard shall not be required to exceed fifteen (15) percent of the
site proposed for development. In such cases, the administrator shall allow the width or location
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of certain buffer yards to be reduced or eliminated. The administrator shall require additional
landscaping and/or screening within the remaining buffer yards, or elsewhere on the site.
(f) No landscaping or screening shall be required which in the opinion of the administrator interferes
with traffic safety, or which violates the provisions that govern the establishment of sight triangles.
Sec. 6-31. – Credit toward other standards.
(a) Buffer yard areas and associated vegetation within such areas may be credited toward
compliance with the Canopy coverage requirements in Sec. 6-24, above.
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Town of Vinton Zoning
Ordinance Update
Joint Town Council & Planning Commission Work Session Continuation
February 1, 2022
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Homestay Definition
•“Homestay. The accessory or secondary use of a residential dwelling unit or a portion
thereof by a host to provide room or space that is intended for short term transient
rental purposes in exchange for a charge for the occupancy. The primary use of the
homestay unit shall remain residential. For each booking transaction, all applicable
taxes must be collected and remitted to the town as required by Chapter 86 by
either the host or the associated hosting platform. Such accessory or secondary use
shall not create a landlord/tenant relationship.”
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Registration Requirements
•No host occupant shall operate a homestay or advertise a residential property for
homestay use without first registering and obtaining a permit for homestay with the
town.
•The host occupant shall register with the department of finance to collect and remit
the town's transient lodging tax and other applicable fees and taxes as set forth in
chapter 86, taxation.
•The registration shall be valid from January 1st (or from whatever date the
registration first occurs) through December 31st of the calendar year, and shall be
renewed annually.
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Use Regulations
•The dwelling shall be the principal residence of the host occupant.
•Rooms shall be rented only on a daily or weekly basis. Stays shall not exceed fourteen (14)
days. The minimum contract rental period for the guest party shall be 24 hours.
•The maximum number of adult guests in a homestay unit is limited to six (6) and no more
than five (5) sleeping rooms can utilized during any one stay (building code implications).
•The principal guest of a homestay unit shall be at least eighteen (18) years of age.
•No outdoor signs in conjunction with the homestay shall be displayed on the property.
•No RVs, buses, watercraft, personal utility trailers, or recreational equipment trailers shall be
parked on the adjoining street or on the property in conjunction with the use.
•The garbage and recycling collection schedule and guidelines shall be posted in a
prominent location inside the dwelling.
•The name and telephone number of the host or the host's designee shall be conspicuously
posted within the homestay unit. The host shall answer calls twenty-four (24) hours a day,
seven (7) days a week for the duration of each short term rental to address any problems
associated with the homestay unit.
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Safety Regulations
•There shall be a working fire extinguisher located in the kitchen.
•The unit shall have smoke alarms and carbon monoxide detectors
meeting current Underwriters Laboratory standards installed as follows:
In all sleeping areas.
In every room in the path of the means of egress from the sleeping
area to the door leading from the sleeping unit.
In each story within the sleeping unit, including basements.
•Any sleeping area must have one (1) other adequate method of
egress beyond the entrance point.
•As part of the registration process, the host shall certify that the
homestay unit meets the requirements of this section. The registration
forms shall also provide that, as part of the registration, the host is
agreeing to permit inspections of the home (at reasonable times and
after notice has been provided) to address complaints. The failure to
permit such an inspection is grounds for registration suspension.
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Suspension, Cancellation, and Penalties
•A registration may be suspended or cancelled for the following reasons:
Failure to collect and/or remit the transient occupancy tax.
Three or more substantiated complaints within a 12-month period for violations of the
Vinton Town Code or the use regulations and safety regulations outlined in this section.
The failure of any homestay host to maintain his or her principal place of residence or
domicile at the dwelling unit used as a limited residential lodging.
•Before any suspension or cancellation can be effective, a duly designated officer of the town
shall give written notice to the homestay host. If requested, a hearing shall be held before the
town manager or the town manager's designee. It is the burden of the host to demonstrate,
by a preponderance of the evidence, why the suspension or cancellation should not go into
effect. The decision of the town manager or designee may be appealed to the town council.
•Penalty:It shall be unlawful to operate a homestay without registering as required by this
article, after a registration has been suspended or cancelled or in violation of any other
requirement of this article; the penalty shall be a fine of one thousand dollars ($1,000.00) per
occurrence.
Questions?
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10
Refinement of Parking Schedule (Uses)
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Maximum Motor Vehicle Parking
•In order to minimize the adverse impacts caused by improving large areas with impervious
surfaces, including increased stormwater run-off, urban heat island effects, and nonpoint
source pollution, the total number of motor vehicle parking spaces serving a use identified in
the parking requirements table as requiring this maximum shall not exceed 150 percent of the
minimum parking standards shown in that same table, unless either of the following apply:
Any spaces in excess of 150 percent of the minimum number required are located in a
structured parking facility; or
A landscape plan that provides additional pervious landscape surfaces and increases
stormwater filtration has been reviewed and approved by the Zoning Administrator.
•The use of pervious or semi-pervious parking lot surfacing materials—including, but not limited
to—pervious asphalt and concrete, open joint pavers, and reinforced grass/gravel/shell grids
may be approved for off street parking and loading areas except on industrial and other sites
where there is reasonable expectation that petroleum and other chemical products will be
spilled, and provided such surfacing is subject to an on-going maintenance program (e.g.,
sweeping, annual vacuuming).
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Maximum Motor Vehicle Parking: Scenarios
Scenario #1: Small Business Development
•New business with a minimum # of off-street parking spaces set at:11 parking spaces
•Maximum # of parking spaces= 11 * 1.5= 16.5 ->17 parking spaces
Scenario #2: Larger Shopping Center Development
•Shopping center with a minimum # of off-street parking spaces set at:200 parking spaces
•Maximum # of parking spaces= 200 * 1.5=300 parking spaces
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Reduction for On-Street Parking
•The total number of required off-street parking spaces for a non-residential use as set
forth in schedule of parking requirements may be reduced by one (1) space for every
twenty (20) feet of lot frontage on a street to the extent that on-street is permitted along
the same frontage. The Vinton Public Works Department shall determine if on-street
parking is permitted along the said frontage used for this reduction.
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Reduction for Proximity to Public Transit
•Where a use is located within one thousand two hundred (1,200) feet of a public transit
route, the total number of required off-street parking spaces, unassigned to specific
persons, may be reduced to eighty (80) percent of that otherwise required as set forth in
the schedule of parking requirement. For the purpose of this provision, the distance shall
be measured from the public transit route to the property line of the use via a normal
pedestrian route of travel.
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Off-Site, Off-Street Parking Arrangements
•Required off-street parking spaces shall be located on the same lot or on a contiguous lot
under the same ownership as the use for which they are required, provided that spaces for use
in the CB, GB, MUD, M-1, or M-2 district, where applicable, may be located off the premises in
the form of off-site, off-street parking, when all of the following conditions are met:
The parking area within which such parking spaces are provided shall comply with the use
regulations and all other requirements of the district in which it is located;
All such parking spaces shall be located within 500 feet by normal pedestrian route of a
principal entrance to the building they serve. For the purpose of this requirement, the
distance from off-street parking spaces to the lot served shall be measured from the
nearest parking space to the principal entrance to the building on the lot of the use
served;
Off-site, off-street parking shall be designated for the purpose of the off-site use it serves
and shall not be used to meet the minimum off-street parking requirements of another use,
unless the Zoning Administrator determines that the uses for which the off-street parking
spaces are designated do not constitute simultaneous use of the parking spaces;
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Off-Site, Off-Street Parking Arrangements (cont.)
The off-site, off-street parking area shall either be owned by the owner of one (1) of the
uses or leased for at least a 20-year term or through a permanent easement by the owner
of the uses being served;
No changes shall be made to the shared parking area which would reduce the parking
provided for the uses, unless the owner of one (1) of the uses makes other arrangements to
provide parking. No such changes shall be made without Zoning Administrator approval;
Handicap parking spaces cannot be shared, unless the uses that are to share the spaces
are adjacent to the handicap spaces and no inconvenience to the users of such spaces
would be created;
Any proposed change in the use of a structure that shares a parking area will require proof
that adequate parking is available. Should ownership or lease agreement terminate, the
use for which off-site parking was provided shall be considered nonconforming and any
and all approvals, including a special use permit, shall be subject to revocation.
Continuation or expansion of the use shall be prohibited unless the use is brought into
compliance with the parking regulations of this appendix.
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Maintenance of Parking Areas
Questions?
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Dimensional Revisions
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R-B Residential-Business Front Yard Setback
Reduction
Suggested Change:
•Reduce the front yard setbacks from 25 feet to 15 feet
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CB Central Business: Increase Building Height Limit
Suggested Change:
•Increase the height limit in this district from 35 feet to 45 feet or four (4) stories, whichever is
less.
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CB Central Business: Establish a Maximum Front
Yard Setback
Suggested Addition:
•Establish the front yard setback requirement in the CB District to have a maximum of 15 feet.
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Questions?
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Multi-Family Development in the R-3 District
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Dwelling Units (du) per acre Permission Classification
12 or fewer du per acre By Right
Between 13 and 24 du per acre Special Use Permit (SUP)
Alternative Financial Institutions
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•Check cashing primary use
•Motor vehicle title lender
•Payday lender
•Precious metals dealer
•Banks
•Credit unions
•Other financial firms, etc.
Alternative Financial Institutions Financial Institutions
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Massage Parlors v. Massage Clinics
•Massage Parlor. Any establishment having a fixed place of businesswhere massages are administered or any establishment holding itselfout through representations of its employees or agents or in anyadvertising medium as a place where massages are administered.This definition shall not be construed to include a hospital, nursinghome, medical clinic or the office of a duly licensed physician,surgeon, physical therapist, chiropractor, osteopath, a massagetherapist who is licensed by the Virginia Board of Nursing, or a barbershop or beauty salon in which massages are administered only to thescalp, face, the neck or the shoulders.
•Massage Clinic.An establishment where all active employees aremassage therapists certified by the Virginia Board of Nursing, asevidenced by the holding and continual renewal of a license issuedby the Board, carries out measures prescribed by doctors,chiropractors, and other medical professionals.
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Adult Use
Counseling Services
•Remove SUP stipulation for counseling services and permit it by right as an office use in R-
B, GB, and CB.
•Definition of “Office”
•“Office.An establishment primarily engaged in providing professional, financial,
administrative, management, clerical or other services not involving the manufacture,
assembly or repair of goods, or the storage or direct transfer of goods to the customer
on the premises, except as may be incidental to a service provided on the premises.
If the establishment provides counseling, guidance, recuperative, or similar services
for persons requiring rehabilitation assistance as a result of mental illness, alcoholism,
detention, or similar conditions, this shall only occur for part of a 24-hour day.”
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Research And Development Facility
•Research and Development Facility. An establishmentwhich engages in research, or research anddevelopment, of innovative ideas in technology-intensive fields. Examples include research anddevelopment of communication systems, alternativeenergy sources, transportation, geographicinformation systems, multi-media and videotechnology. Development and construction ofprototypes may be associated with this use. Excludedfrom this use are any facilities which mass produceone (1) or more products directly for the consumermarket.
•Permitted zoning districts include:
•General-Business (GB): By-right
•Central-Business (CB): By-right
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Pet Daycare Facility and Animal-related Facilities
•Supplemental Regulations for completed enclosed
facilities.
•Standards in the GB, CB, and MUD Districts:
•All facilities shall be located within completely
enclosed and air conditioned buildings which
are soundproof to the extent that sound
produced by animals kept or treated therein
are not audible outside of the building.
•These supplemental regulations shall not
prohibit the occasional use of outdoors areas
for supervised animal relief.
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Pet Daycare Facility and Animal-related Facilities
•Supplemental Regulations for those with outdoor
components.
•Standards in the GB, M-1, and M-2 Districts:
•No facility may be established within 300 feet of a
residentially zoned district (R-LD, R-1, R-2, R-3, R-B).
•Outdoor play yards shall be screened from view so as
not to be visible from any public street or adjacent
property.
•Any outdoor play yard shall only be used between
dawn and dusk for supervised exercise and training
use. This shall not prohibit the occasional use of
outdoor areas for supervised animal relief outside of
these hours.
31
Motor Vehicle Or Trailer Painting And Body Repair
•The previous ordinance definition required that certain auto or truck general repair
services to attain a special use permit in the GB district due the definition including the
following activities:
•Installation or removal of engines
•Transmissions or other major body or mechanical parts
•Body repair
•Painting or storage of wrecked vehicles
•After further research, it has been found that many of these activities, except body
repair, painting, and storage, pose no more risk or potential danger to public health and
safety than many of the common functions of a typical auto service center. With this, a
new use category will be added that specifically includes the main functions of motor
vehicle or trailer painting and body repair. The provisions surrounding wrecked vehicles
still stands as this use is only permitted in an automobile graveyard or junkyard.
32
1/28/2022
17
Classification of Breweries, Distilleries, etc.
33
Microbrewery Brewery
Retail Stores and Shops, Boutique
Definition
•Retail store or shop, boutique.A small-scale (less than two thousand five hundred (2,500)
square feet) retail use which offers for sale items of art or crafts, clothing, prepackaged food
and beverages, gift bags, limited household supplies and hardware, or which offers for sale
items related to a specific theme, e.g., kitchen wares, pet care, Amish products, etc.
“Boutique retail stores or shops” shall not include fuel pumps or the selling of fuel for motor
vehicles. “Boutique retail stores or shops” shall not include the selling of tobacco products,
nicotine vapor products, alcoholic beverages, or lottery tickets or shares. “Boutique retail
stores and shops” shall not include a use that offers the sale of antiques as its principal activity.
An antique for the purposes of this ordinance shall be a work of art, piece of furniture,
decorative object, or the like, of or belonging to the past, at least 30 years old.
•Permitted zoning districts include:
•Residential-Business (R-B): By-Right
•General Business (GB): By-Right
•Central Business (CB): By-Right
34
1/28/2022
18
Retail Stores and Shops, Large Format
Purpose
•This was initially proposed by Town staff in 2008 and is a good general practice torequire legislative review and approval of very large and complex developmentprojects in certain zoning districts in a locality.
Definition
•Retail store or shop, large format.Retail sales uses, including those uses classifiedmore specifically by these use type classifications, located in any newly constructedor enlarged building containing greater than 30,000 square feet of floor areadevoted to retail and related accessory use, whether on a single lot or contiguouslots owned or operated as associated, integrated, or cooperative businessenterprises.
Permitted zoning districts include:
•General-Business (GB): Special Use Permit
•Central-Business (CB): Special Use Permit
35
Mixed-use Building Requirements
36
1/28/2022
19
Drive-up Facilities: Expanded/Refined Regulations
37
Accessory Use Categories: Outdoor Storage &
Display
38
Outdoor Display Area Outdoor Storage Area
1/28/2022
20
Questions?
39
40
1/28/2022
21
Questions?
41
Meeting Date
February 1, 2022
Department
Town Clerk
Issue
Consider approval of minutes of the Regular Meeting of January 18, 2022
Summary
None
Attachments
January 18, 2022 minutes
Recommendations
Motion to approve minutes
Town Council
Agenda Summary
1
MINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 6:00 P.M.
ON TUESDAY, JANUARY 18, 2022, IN THE COUNCIL CHAMBERS OF THE VINTON
MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA
MEMBERS PRESENT: Bradley E. Grose, Mayor
Sabrina McCarty, Vice Mayor
Keith N. Liles
Laurie J. Mullins
Michael W. Stovall
STAFF PRESENT: Pete Peters, Town Manager
Cody Sexton, Assistant Town Manager
Susan N. Johnson, Executive Assistant/Town Clerk
Jeremy Carroll, Town Attorney
Mike Lockaby, Town Attorney
Anne Cantrell, Finance Director/Treasurer
Fabricio Drumond, Police Chief
William Herndon, Public Works Director
Anita McMillan, Planning & Zoning Director
Nathan McClung Assistant Planning & Zoning Director
Fayula Gordon, Associate Planner
PLANNING COMMISSION
MEMBERS PRESENT: Keith N. Liles, Chair
Dave Jones, Vice-Chair
Bob Benninger
PLANNING COMMISSION
MEMBERS ABSENT: Sarah Reid
The Mayor called the Work Session to order
at 6:00 p.m. and
Nathan McClung for a briefing on the adoption of
repealing of the existing Zoning Ordinance for the
Town of Vinton. Mr. McClung began a review of
the PowerPoint presentation, which was a part of
record.
With regard to the Signage Regulations Grand
Member Liles
animated sign and not being able to use it except
If a business wanted to have an end-of-the month
use the sign. There are other signs in the Town
businesses what they can and cannot own and
2
Council has heard it is difficult to do business in
the Town and that the established businesses in
Town should be able to advertise a special.
The Mayor commented that existing businesses
special promotions; however, there needs to be
reasonable time limits and perhaps even spacing
of these signs to maintain the Town’s
attractiveness. Vice Mayor McCarty commented
everybody will be able to read and understand
and all
commented that the recommen
remove the temporary sign permit, but setting
parameters with increased enforcement.
The Town Manager commented that Staff will be
taking notes
meeting and will make revisions in consultation
with our Town Attorney. Those revisions will be
Commission before there is any official vote.
Dave Jones asked what other localities are doing
The Town will probably be the first
Southwest Virginia area. Bob Benninger
commented that he is not a big fan of the tube
man signs, but likes the feather signs. If they are
allowed to be used for specials, there should be
a limit on how many times they can be used.
Mr.
Ordinance is adopted businesses will be advised
of the new regulations. All
changes will have a 90-day grace period after the
Ordinance is adopted to allow staff
businesses and the pubic on all of the changes.
Mr. McClung responded that Fairfax Coun
one of the few localities that is starting to allow
these signs. A business would have to have a
some other type of utility on their roof. Council
3
could only be a rooftop and Mr. McClung
responded yes. After further comments and
discussion, the Town Manager commented that
Bruce Mayer did this type of sign on the Star City
someone might want to put up some screening
that meets the definition. Also, there are a few
can see from Maple or Pollard. They do not
choose to put those up, they would be eligible.
With regard to Miscellaneous Signage Revisions
the Mayor asked if it would be the responsibility
of the property owner to remove the sign even if
it was not their
responded
removed, the
remove the sign and place
property. There was also discussion regarding
inappropriate.
With regard to the Accessory Dwelling Units
(ADUs) General Standards: Rentability, Council
property owner is residing on-site. Mr. McClung
Town Manager commented that once a primary
residence is sold, the new owner will have to be
made aware of the fact that they cannot rent both
the primary residence and the ADU.
Session since it was past 7:00 p.m. The Town
Manager commented that if Council so desired,
we could end the Work Session and continue it
at the next Council meeting. It was decided that
another meeting.
the PowerPoint presentation. Aft
Session adjourned at 7:18 p.m.
The Mayor called the regular meeting to order
at 7:19 p.m. The Town Clerk called the roll with
Council Member Liles, Vice Mayor McCarty and
Mayor Grose present.
4
After a Moment of Silence, Dave Jones led the
Pledge of Allegiance to the U.S. Flag.
announcements, Vice Mayor McCarty announced
the following: January 20 – 11:30 a.m. –
BoomTown CrossFit Ribbon Cutting; January 21 –
8:00 p.m. – Live Music with Eastbound and Down
– Rosie’s; January 22 - 8:00 p.m. – Live Music with
Mended Fences – Rosie’s; January 25 – 5-7:30
p.m. – Open House on Utility Assets Transfer from
the Town to the Western Virginia Water Authority
– War Memorial; January 28 – 8:00 p.m. – Live
Music with Low Low Chariot – Rosie’s; February 4
- 7:30 p.m. - VT Hockey v. Richmond and February
5 – 4:30 p.m. – VT Hockey v .UNC – Lancerlot.
Vice-
Public Works, Police and Fire & Rescue for their
work during the recent snow events.
expressed appreciation to Justin Davidson,
Jason Boothe as the new Chamber President.
Under requests to postpone, add to or change
the order of agenda items, the Town Manager
requested that Item (2) under the Work Session,
briefing on the proposed establishment of Outdoor
Refreshment Areas (ORAs) in the Town of Vinton
Council gave their consensus to move the item.
approve the Consent Agenda as presente
motion was seconded by Council Member Mullins
and carried by the following vote, with all members
voting: Vote 5-0; Yeas (5) – Liles, Mullins, Stovall,
McCarty, Grose; Nays (0) – None.
Approved
January 4, 2022 and Resolution
appropriating funds in the amount of $393.30
received for scrap metal to the Public Works
budget
Under awards, introductions, presentations
and proclamations, Chief
Vinton First Aid Crew gave an update. Chief Sayre
volunteer calls with the volunteers responding to
654 or 46% of the calls. The volunteer crew
handled 570 of those
transporting the others. The career staff handled
767 calls and the volunteer crew transported 320
commented on their plans for 2022: to implement
handtevy, a pediatric treatment tool; increase their
5
systems; sponsor a Continuing Education
Weekend and purchase a new truck.
responded in the past they handled 80-90% of the
calls dispatched during volunteer hours. If they do
not have enough volunteer personnel, the career
staff has a 24-7 medic truck or other trucks within
the County will respond to calls. Council Member
Chief Sayre responded seven days a week – 6:00
during the day from 6:00 a.m. to 6:00 p.m.
Chief Sayre next commented
interested in joining the First Aid Crew, they can go
to their website (www.vintonems.com) and
complete the interest form found
membership section
certification within 18 m
organization. The minimum age to join is 16.
Randy Layman, President of the Vinton
Historical Society gave an update on the Vinton
Museum. Mr. Layman first expressed appreciation
to Council for their support and then read a printed
report, which will be on file in the Town Clerk’s
Office as part of the permanent record
regard to visitors during 2021, Mr. Layman
commented the Museum
visitors with 20 volunteers, two college interns and
three high school interns.
1884-1984 has been retyped for a second edition
forward from 1984 to the present.
Under citizen’s comments and petitions,
Carlton Brown of Bedford County made comments
and requested the Town consider designation as
commented that the matter would be taken under
advisement and requested that the Town Manager
and Town Attorney review the request and report
back to Mr. Brown.
The next item on the agenda was the briefing
6
that was moved from the Work Session. Nathan
McClung first commented that o
Outdoor Refreshment Area (ORA) licenses. This
improvement district or nonprofit organizations. It
would allow the Town to designate an area where
there are permanent retail on-premises licensees
in that area. Fox example, Twin Creeks has an
ABC license to sell alcohol, but currently when
there is an event such as the Mingle at the Market,
an individual cannot purchase a beverage from
Twin Creeks and walk across the alley with their
beverage to the event. This license would allow us
to draw a boundary around an ORA and within that
area an individual would be allowed to purchase
an alcoholic beverage and freely roam within that
area.
Mr. McClung next commented that if the Town will
have less than 16 events in a year, we will not have
to adopt an Ordinance. We would have to work
with the ABC Board to
have safety measures in place. Each event could
be held for up to three days
license is $300 per year. If the Town wants to have
more than 16 events, that would fall in a different
license category and we would have to adopt an
Ordinance to designate the size and scope of the
area and develop a public safety plan that has to
be approved by the ABC Board. The Board would
also have the right to
considerations for the approval of the license.
In response to a question about
beverage from a business in the ORA any day of
the week, the Town Manager commented that this
license has to be associated with a public event or
festival.
businesses that we did not have several years ago
to participate in our events and capture some of
the downtown traffic.
With regard to applying for more than 16 events
commented the Ordinance would need a
considerable amount of detail. The question he
has for the ABC Board is if one license is for 16
events or if you have to have a license for each
event.
7
Council Member Stovall suggested that we go
ahead and adopt the Ordinance so we are not
limited to 16 and Council Member Liles agreed.
With regard to the p
commented that the responsibility falls back on the
on the ABC license holder to not allow a patron to
there is not an event. The Town Attorney
commented that the signs can be temporary signs
that are put up for each event.
Mr. McClung next commented that the license for
above 16 events would be approximately $3,000.
The Town Manager further commented that staff
is early in this discussion process, but wanted to
introduce it and get Council’s feedback before we
develop our plan. We feel like we are under 16
events at this point and he does not see it changing
in 2022, but perhaps
restaurants open and they want to do
events
Another thing to consider is how many events can
our Police Department manage because when we
have events with ABC licenses, it requires
additional off- duty officers and our involvement.
The Town M
appears there is a consensus of Council to move
forward with the ORAs. We will bring the matter
meeting and it is our intent to have the framework
in place by this year’s Dogwood Festival.
The next item on the agenda was to consider
adoption of a Resolution appropriating funds in the
amount of $500.00 received from AMVETS to the
Vinton War Memorial Operating Supplies Account
Anne Cantrell commented that this designation is
War Memorial will primarily use it
flags in front of the building. The Mayor expressed
appreciation to the AMVETS for their donation of
several years to the War Memorial and requested
the Clerk to send them a letter. Council Member
Stovall made a motion to adopt the Resolution as
presented; the motion was seconded by Vice
Mayor McCarty and carried by the following roll call
vote, with all members voting: Vote 5-0; Yeas (5)
– Liles, Mullins, Stovall, McCarty, Grose; Nays (0)
Adopted Resolution No. 2471 appropriating
funds in the amount of $500.00 received from
8
The next item on the agenda was to consider
adoption of a Resolution approving an annual
payment of $500.00 and
Manager to execute a Parking and Maintenance
Thrasher Memorial United Methodist Church
Council was briefed on this matter at their January
4, 2022 meeting. After brief comments from the
appreciation on behalf of the Church. Vice Mayor
McCarty made a motion to approve the Consent
Agenda as presented; the motion was seconded
by Council Member Mullins
following roll call
Vote 5-0; Yeas (5) –
McCarty, Grose; Nays (0) – None.
Adopted Resolution No. 2472 approving an
annual payment of $500.00 and authorizing
the Town Manager to execute a Parking and
between the Town and Thrasher Memorial
United Methodist Church
The Town Manager congratulated Anita
McMillan and the Planning & Zoning Department
on being awarded the
Assistance Fund (SLAF)
$285,000 for the streambank restoration project at
Woodland Place. This project should take care of
the Town’s Total Maximum Daily Load (TMDL)
requirements for approximately the next ten years
Ms. McMillan also received good news from DEQ
that they accepted our revised TMDL Plan. The
Police Department received a grant
Department of Criminal Justice Services
amount of $25,654 for overtime that is related to
COVID coverage.
commented that work began on the
project last week.
With regard to the Open House on January 25th,
specific time that individuals do not need to be
between 5-7:30 p.m. He also reminded Council
of the strategic planning retreat on January 28th.
Under appointments to Boards/ Commissions
/
motion to appoint Mayor Grose as an alternate and
Virginia Regional Industrial Facility Authority to
new four-year terms beginning February 4, 2022
and ending February 3, 2
seconded by Vice Mayor McCarty and carried by
the following vote, with all members voting: Vote
5-0; Yeas (5) –
Appointed Mayor Grose as an alternate and
Cody Sexton as a f
Western Virginia Regional Industrial Facility
Authority to new four-year terms beginning
9
Under reports from Council Committees, Anne
Cantrell first commented that the Finance
Committee met on January 10, 2022
reviewed the November 2021 Financial
Statements and the
include real estate tax,
business license,
license fees, pari-mutuel tax, meals tax, cigarette
tax, court fines, Community Center rentals, War
State sales tax.
miscellaneous income. The Utility fund billing
expectations. There are several line items in the
budget, but staff is working to provide true-up
budget appropriations
strong at $9.9 million with
restricted, which is mostly American Rescue Plan
Funding.
The Committee also reviewed the scrap metal
resolution which was approved under Consent
Agenda and the AMVETS donation which was
also approved tonight. The SLAF Grant Resolution
dollar value requiring a Public Hearing
February 1, 2022 meeting. The Committee also
reviewed the amounts for the 2016 write-offs for
tax and utility, which will also be brought to Council
for action on February 1, 2022.
Council Member Stovall made a motion to approve
the November 30
presented; the motion was seconded by Council
Member Mullins and carried by the following vote,
with all members voting: Vote 5-0; Yeas (5) –
Liles, Mullins, Stovall, McCarty, Grose; Nays (0) –
None.
Report
Chief Drumond made brief comments and
expressed appreciation to the community and its
citizens as well as Bo
Works staff for their part in handling
snow events. There were no crashes during the
second and their efforts greatly assisted the Police
Department.
Dave Jones commented on an accident about
a month ago at the railroad underpass and that the
10
Town had its side taken care of. He expressed
appreciation to the Chief and his D
Chief Drumond commented that the Public Works
Department also assisted by bringing road closure
signs and even putting them on the City side. The
Town Manager commented that they are working
underpass.
The next item on the agenda was a report from
t
commented
meant a lot to him and his team and that he has
been passing along all of the comments to his
employees
the Public Works Committee was not able to meet
on January 12, 2022. However, he wanted to give
Council an update on the items that would have
been discussed.
With regard to the traffic signal light at 3rd Street,
the parts are in and they should have it installed by
the end of January. Also, the parts are in for the
light at PFG and that should be completed by mid-
February. They are working with AEP to schedule
the installation of 17 lights and two additional poles
replacement project, out of 5,189 meters, 1,550 or
33% of the residential meters have been replaced
been replaced. The private stormwater repair for
Ms. Shepherd on the 100 block of Poplar to Blair
has been completed and the geotechn
has been completed for Mountain View Road and
they will be having a meeting to g
findings to determine the next step.
Council Members commented on the two snow
events, the spot lights at Rosie’s grand re-opening,
the open house on January 25th, the new edition of
the Vinton History and the
December 14th.
The Mayor commented on the two snow
events. He also commented on the Route 24
Bike/Pedestrian Study and expressed to staff how
proud he is that they took Council’s strategic plan
seriously and are working on making the Town a
walkable community
11
for being on The Roanoker’s 40 under 40 list for
2022.
Council Member Mullins made a motion to
adjourn the meeting; the motion was seconded by
Vice Mayor McCarty and carried by the following
vote, with all members voting: Vote 5-0; Yeas (5)
– Liles, Mullins, Stovall, McCarty, Grose; Nays (0)
– None. The meeting was adjourned at 8:48 p.m.
APPROVED:
_______________________________
Bradley E. Grose, Mayor
ATTEST:
_________________________________
Susan N. Johnson, CMC, Town Clerk
Meeting Date
February 1, 2022
Department
Community Programs
Issue
Latinas Network Government/Municipality Recognition 2021
Summary
The Latinas Network recognized Chasity Barbour and the Town at their One Year Anniversary
Dinner & Ceremony at the War Memorial in December for being a community partner. Chasity
Barbour, Community Programs and Facilities Director, will be at the meeting to make additional
comments on this award.
Attachments
None
Recommendations
No action required
Town Council
Agenda Summary
Meeting Date
February 1, 2022
Department
Planning and Zoning
Issue
Consideration of public comments regarding a proposed amendment to the Town of Vinton’s FY
2021-2022 budget to appropriate funding from the FY21 Virginia Stormwater Local Assistance Fund
(SLAF) for The Woodland Place Stream Restoration Project in the amount of $570,000.00
Summary
Town Council Resolution No. 2446 was adopted on July 20, 2021, authorizing the Town Manager
for and on behalf of the Town of Vinton, to file a grant application for the allocation of funds from
the FY21 Virginia Stormwater Local Assistance Fund (SLAF) for The Woodland Place Stream
Restoration Project that will allow the removal of pollutants (sediment, phosphorus, nitrogen, and
suspended solids) in order to meet the Virginia Department of Environmental Quality (DEQ)
Municipal Separate Stormwater Sewer System (MS4) Permit requirements.
On December 22, 2021, staff was informed by DEQ that the grant request has been authorized
contingent on the receipt of construction bids and their approval of a final project budget based on
those bids. Additionally, a grant agreement between DEQ and the Town of Vinton must be executed
by June 30, 2024.
This is a reimbursable grant program; therefore, Town Council will have to authorize the monies be
spent for the engineering design services and construction of the stream restoration project.
Section 15.2-2507 of the 1950 Code of Virginia, as amended, requires any locality to hold a Public
Hearing in order to amend its budget when any such amendment exceeds one percent (1%) of the
total expenditures show in the currently adopted budget. The Notice of this Public Hearing was
advertised in The Vinton Messenger on January 20, 2022.
Attachment
Resolution
Recommendations
Conduct Public Hearing
Motion to adopt Resolution
Town Council
Agenda Summary
1
RESOLUTION NO.
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY,
FEBRUARY 1, 2022 AT 6:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON
MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON,
VIRGINIA
THE WOODLAND PLACE STREAM RESTORATION PROJECT
WHEREAS, on July 20, 2021, Town Council adopted Resolution No. 2446, authorizing
the Town Manager to file a grant application for the allocation of funds from the FY21 Virginia
Stormwater Local Assistance Fund (SLAF) for The Woodland Place Stream Restoration Project
that will allow the removal of pollutants (sediment, phosphorus, nitrogen, and suspended solids)
in order to meet the Virginia Department of Environmental Quality (DEQ) Municipal Separate
Stormwater Sewer System (MS4) Permit requirements; and.
WHEREAS, on July 28, 2021, a SLAF grant application for matching funds in the amount
of $285,000.00 was submitted to DEQ for the Woodland Place Stream Restoration Project; and
WHEREAS, on December 22, 2022, staff was notified that the SLAF matching funds for
the Project has been authorized by the DEQ; and
WHEREAS, the authorization is contingent upon compliance with all program
requirements, and the actual grant award will not occur until DEQ receives construction bids for
the Project and approves the final Project budget based on those bids; and
WHEREAS, and the Town agrees to provide the administrative services to manage the
grant through the completion of the Project; and
WHEREAS, the estimated total cost for the Woodland Place Stream Restoration Project is
$570,000.00, for which matching funding has been secured through the FY21 Virginia Stormwater
Local Assistance Fund (SLAF) grant funds; and
WHEREAS, this is a reimbursable grant program; therefore, Town Council will have to
authorize the monies be appropriated from the general revenue fund to the general expense fund
for the engineering services, construction and related expenses; and
WHEREAS, Section 15.2-2507 of the 1950 Code of Virginia, as amended, requires any
locality to hold a Public Hearing in order to amend its budget when any such amendment exceeds
one percent (1%) of the total expenditures show in the currently adopted budget; and
WHEREAS, the Notice of this Public Hearing was advertised in The Vinton Messenger on
January 20, 2022.
NOW, THEREFORE, BE IT RESOLVED, that the Vinton Town Council does hereby
authorizes the monies to be appropriated from the general revenue fund to the general expense
fund for the engineering services, construction and related expenses of the Woodland Place Stream
Restoration Project.
2
BUDGET ENTRY
GENERAL LEDGER:
250.25100 Appropriations $285,000.00
250.25000 Estimated Revenue $285,000.00
600.25100 Appropriations $285,000.00
600.25000 Estimated Revenue $285,000.00
TOTAL $570,000.00
FROM
REVENUE:
250.1250.001 Revenue Reimbursement $285,000.00
600.4105.001 Transfers In $125,000.00
600.1899.010 Re-Appropriated Fund Balance $160,000.00
TOTAL $570,000.00
TO
EXPENDITURE:
250.1250.302 Contractual Services $117,500.00
250.1250.741 Construction $167,500.00
600.6205.799 Capital Outlay – Grant Match $285,000.00
TOTAL $570,000.00
This Resolution adopted on motion made by Council Member _____________ and seconded
by Council Member ________________, with the following votes recorded:
AYES:
NAYS:
APPROVED:
___________________________________
Bradley E. Grose, Mayor
ATTEST:
_____________________________
Susan N. Johnson, CMC, Town Clerk
1
Meeting Date
February 1, 2022
Department
Administration
Issue
Briefing on Amendment to Memorandum of Understanding (MOU) dated July 1, 2019 between
Roanoke County and the Town of Vinton
Summary
Roanoke County and the Town of Vinton entered into a Memorandum of Understanding dated
April 9, 2019 (“2019 MOU”), to provide for the sharing of certain local tax revenues and the
sharing of the costs of certain public services, and assigning responsibility for certain aspects of
public safety. The parties desire to memorialize the completion of certain obligations under the
2019 MOU and amend the agreement with regard to the disposition of certain assets, fiscal
obligations, and the provision of public services. A summary of the mutual covenants and
agreements are as follows:
Term of the Agreement
• The MOU will take effect on July 1, 2019 and continue through June 30, 2027 with renewable
terms.
• County Administrator to meet in January 2025 to review the entire agreement and make any
recommendations for modification prior to the termination notice date of June 30, 2025.
Revenues
• Town agrees to pay $150,000 total for E911 service for Vinton Police in FY 2023. Amount to
be increase by CPI each year after FY 2023. Additionally, the existing 911 agreement will be
voided. Currently Vinton pays $450,000 but revised to $150,000 for a reduction of $300,000
to the County revenue.
Expenditures
• The County agrees to pay the full RVRA tipping fees estimated at $225,000. Currently we
budget $110,000, so the initial increase is $115,000 for FY 2023 County budget expense. An
agreed upon budget estimate will be used by both the Town and the County with a “true-up”
of the cost made at the end of the fiscal year. The County shall assume all responsibility
for providing fire, emergency medical and related services in the Town.
Town Council
Agenda Summary
2
Other
•County agrees to appoint one of its three representatives to the WVWA Board with a person
who is mutually agreeable to the Town Council and Board of Supervisors.
Council will need to consider adoption of the Resolution at their February 15, 2022 meeting.
Roanoke County will consider adoption of the Resolution at their February 8, 2022 meeting.
Attachments
Draft Amendment to 2019 MOU
Summary of Changes
Recommendations
No action required
{00449472.DOCX } 1
AMENDMENT TO MEMORANDUM OF UNDERSTANDING BETWEEN
ROANOKE COUNTY AND THE TOWN OF VINTON
This Amendment to Memorandum of Understanding (“Amendment”) is executed by and
between Roanoke County, Virginia, a political subdivision of the Commonwealth of Virginia
(“County”), and the Town of Vinton, Virginia, a municipal corporation of the Commonwealth of
Virginia (“Town”), this _____ day of February, 2022, for the purpose of amending the
Memorandum of Understanding between the parties executed on April 9, 2019 (“the 2019
MOU”). The County and the Town shall collectively be referred to in this Amendment as the
“parties.” References herein and in the 2019 MOU to the “MOU” shall mean the 2019 MOU as
amended by this Amendment.
WHEREAS, the parties entered into a Gain Sharing Agreement dated 2 November 1999
(“the 1999 Agreement”), to provide for the sharing of certain local tax revenues and the sharing
of the costs of certain public services; and
WHEREAS, the 1999 Agreement expired on June 30, 2019 and was replaced with the
2019 MOU, which had an effective date of July 1, 2019; and
WHEREAS, the parties desire to amend the 2019 MOU to memorialize the completion of
certain administrative tasks set forth in the 2019 MOU and to amend certain provisions of the
2019 MOU concerning the disposition of certain assets, the sharing of certain revenues, the
payment of certain debts, and the provision of public services; and
WHEREAS, the amendments to the 2019 MOU contained herein shall take effect as of
July 1, 2022; and
WHEREAS, both parties employ a fiscal year that commences on July 1 of a given year
and ends on June 30 of the subsequent year (“fiscal year”).
NOW, THEREFORE, in consideration of the mutual covenants and agreements made
herein, the parties amend the following Sections of the 2019 MOU as stated herein:
1. TERM. This MOU took effect on July 1, 2019 (“Effective Date”). The MOU shall
terminate on June 30, 2027 (“Termination Date”). The MOU automatically shall renew
for additional four year periods beyond the Termination Date unless either party provides
the other party with twenty-four (24) months’ written notice of termination. Each
subsequent four-year period will be referred to as a Renewal Term, and the Termination
Date automatically will be extended to June 30 of the then-current Renewal Term.
Should the Town elect to terminate this MOU prior to its expiration date and prior to
conveyance of the Town Fire Station, as contemplated in Paragraph 7 of this MOU,
Town shall, within 180 days of the termination, refund all sums paid by County for debt
service and capital improvements to the Station or transfer ownership to the County by
special warranty deed.
{00449472.DOCX } 2
3. SOLID WASTE COLLECTION; TIPPING FEE. The Town shall continue to provide
trash collection services for its residents so that the County does not have to assume
responsibility for that function. During each fiscal year during the Term of this MOU,
beginning with the fiscal year ending on June 30, 2023, the County shall appropriate and
pay to the Town an amount that equals the total amount of tipping fees paid by the Town
to the Roanoke Valley Resource Authority (“RVRA”). For budgeting purposes, the
County shall budget at least $225,000 annually to satisfy this obligation. The Town shall
timely pay invoices it receives for tipping fees from the RVRA. On or before the end of
each calendar quarter during each fiscal year, the County shall pay one-fourth of the
annual budgeted amount to the Town to offset the tipping fees paid by the Town to that
point during the fiscal year. The parties shall meet and confer at the end of each fiscal
year during the Term of this MOU to reconcile estimated and actual tipping fee expenses
and payments. The parties may agree to increase the amount the County will budget as an
estimate of the total amount of tipping fees to be reimbursed to the Town.
4. FIRE AND EMERGENCY MEDICAL SERVICES. The County has assumed and shall
continue to assume all responsibility for providing all fire, emergency medical and
related services in the Town. The County shall provide all reasonable and necessary
levels of fire, emergency medical and related services in the Town, which shall be
determined by the County Chief of Fire/Rescue.
5. FIRE/RESCUE PERSONNEL. The parties have complied with their respective
obligations under Section 5 of the 2019 MOU. Section 5 is hereby deleted from the
MOU.
8. FIRE/RESCUE DEPARTMENT MAINTENANCE AND OPERATION. The County
has assumed and shall continue to assume responsibility for all operation and
maintenance expenses associated with the provision of fire, emergency medical and
related services to the Town, including without limitation, the costs of operating the
Fire/Rescue Department, the costs of maintaining, improving, acquiring and insuring
equipment, supplies, and vehicles used to provide fire, emergency medical and related
services in the Town, and the costs of maintaining, and operating the Fire/Rescue Station.
The Town shall maintain all property and casualty insurance, at replacement cost levels,
on the Fire/Rescue Station and shall expressly assign all of its interests in the proceeds of
any insurance payments for any property damage or losses of any kind related to the
Fire/Rescue Station to the County, provided, however, that the payment of insurance
proceeds to the County is contingent upon the County repairing, reconstructing or
constructing the Fire/Rescue Station in the same location or at another location within the
Town limits. The Town, at the request of the County, shall provide proof of the requisite
insurance policies during the period of this MOU. The Town has complied with its
obligation to convey to the County the title to any equipment, supplies, and vehicles
owned by the Town and dedicated to the use of the Fire/Rescue Department.
9. FIRE PROGRAMS GRANT. During the Term of this MOU, the Town shall annually
apply for and, if awarded, pay over to the County grant funds reasonably believed to be
available to the Town from the Commonwealth of Virginia for fire programs in the
{00449472.DOCX } 3
Town. The County shall prepare, complete and provide to the Town all applications,
documents, reports and supporting materials needed for the Town to submit annual fire
program grant applications. The Town shall pay the funds over to the County within
thirty (30) days of receipt of the grant funds from the Commonwealth. The Town has
complied with its obligation to pay to the County the balance of grant funds the Town
had in its possession as of the effective date of the 2019 MOU. Once paid to the County
by the Town, the County shall use fire program grant payments to support the provision
of fire, emergency medical and related services in the Town.
13. FINAL GAIN SHARING PAYMENT. The County has complied with its obligation
under the 1999 Agreement as modified by Section 13 of the 2019 MOU. The County is
and shall be responsible for all OPEB payments and leave balances for the Town
Fire/Rescue Personnel, shall procure Motorola public safety radios for use by the Town
that are compatible with the County’s E911 system, and shall procure a new pumper
truck for the Vinton Station and provide equipment as determined by the Chief of
Fire/Rescue.
19. E911 AGREEMENT. During each fiscal year during the Term of this MOU, beginning
with the fiscal year ending on June 30, 2023, the Town shall budget, appropriate and pay
to the County $150,000 annually for E911 services. Such payment shall be due no later
than 31 December of each fiscal year during the Term of this MOU. All prior
agreements between the Town and the County for the provision of E911 services or any
payments related thereto are hereby rescinded and voided effective 30 June 2022.
20. WESTERN VIRGINIA WATER AUTHORITY BOARD OF DIRECTORS. The Town
is selling its water and sewer assets to the Western Virginia Water Authority (“WVWA”)
effective on or about 1 July 2022. Consistent with that transaction, the County agrees
that following the sale of the Town’s water and sewer assets to WVWA, one of the three
County appointees to the WVWA Board shall be a person who is proposed by the Town
and mutually agreeable to Town Council and the County Board of Supervisors. Upon the
closing on the sale of the Town’s water and sewer assets to the WVWA, all prior
agreements between the Town and the County regarding the construction and
maintenance of the Town’s water system, including but not limited to the 1979
Memorandum of Understanding between the parties, shall be rescinded and voided.
21. OBLIGATION TO MEET AND CONFER. The County Administrator and the Town
Manager will meet and confer regarding the respective obligations herein no later than 31
January 2025 so that any necessary amendments or notice of termination can be provided
in a timely fashion prior to 30 June 2025.
23. PROVISIONS NOT AFFECTED BY THIS AMENDMENT. Except as expressly
amended by this Amendment, all other terms, provisions, conditions, sections, and
subsections of the 2019 MOU shall remain in full force and effect, and the parties hereby
ratify and confirm that the 2019 MOU, as amended by this Amendment, is and remains in
full force and effect. Without limiting the foregoing, Sections 2, 6, 7, 10, 11, 12, and 14
through 18 of the 2019 MOU are not amended by this Amendment.
{00449472.DOCX } 4
WITNESS the following signatures to this AMENDMENT TO MEMORANDUM OF
UNDERSTANDING:
ROANOKE COUNTY, VIRGINIA
_______________________________
By: Richard L. Caywood
Its: County Administrator
Approved as to form:
_______________________________
By: Peter Lubeck
Its: County Attorney
TOWN OF VINTON, VIRGINIA
_______________________________
By: Richard W. Peters, Jr.
Its: Town Manager
Approved as to form:
_______________________________
By: Jeremy E. Carroll
Its: Town Attorney
Town of Vinton Agreement EXHIBIT A
Summary of Changes
1. TERM. This MOU shall take effect on July 1, 2019 (“Effective Date”). The MOU shall
terminate on June 30, 2027 (“Termination Date”). The MOU automatically shall renew for
additional four year periods beyond the Termination Date unless either party provides the
other party with twenty-four (24) months’ written notice of termination. Each subsequent
four year period will be referred to as a Renewal Term, and the Termination Date
automatically will be extended to June 30 of the then-current Renewal Term. Should the
Town elect to terminate this MOU prior to its expiration date and prior to conveyance of the
Town Fire Station, as contemplated in Paragraph 7 of this MOU, Town shall, within 180
days of the termination, refund all sums paid by County for debt service and capital
improvements to the Station or transfer ownership to the County by special warranty deed.
on June 30, 2027 (“Termination Date”). The MOU automatically shall renew for additional
four year periods beyond the Termination Date unless either party provides the other party
with twenty-four (24) months’ written notice of termination. Each subsequent four-year
period will be referred to as a Renewal Term, and the Termination Date automatically will be
this MOU prior to its expiration date and prior to conveyance of the Town Fire Station, as
contemplated in Paragraph 7 of this MOU, Town shall, within 180 days of the termination,
refund all sums paid by County for debt service and capital improvements to the Station or
transfer ownership to the County by special warranty deed.
shall pay to the Town a percentage of all sales tax revenue received by the County
calculated as follows: the population of the Town divided by the population of the County, or
as otherwise mandated by the Code of Virginia. For the purposes of this calculation, the
Town and County population figures shall be taken from annual population data provided by
the Weldon Cooper Center. Payments shall be made monthly, within thirty (30) days after
the County’s receipt of each monthly sales tax distribution from the Commonwealth of
3. SOLID WASTE COLLECTION; TIPPING FEE. The Town shall continue to provide
trash collection services for its residents so that the County does not have to assume
responsibility for that function. During each fiscal year, the County shall budget, appropriate
and pay to the Town a total of $110,000, to be paid in equal installments in July ($55,000)
and January ($55,000) of each year beginning July 1, 2019.
3. SOLID WASTE COLLECTION; TIPPING FEE. The Town shall continue to provide trash
for that function. During each fiscal year during the Term of this MOU, beginning with the
fiscal year ending on June 30, 2023, the County shall appropriate and pay to the Town an
amount that equals the total amount of tipping fees paid by the Town to the Roanoke Valley
Resource Authority (“RVRA”). For budgeting purposes, the County shall budget at least
$225,000 annually to satisfy this obligation. The Town shall timely pay invoices it receives
for tipping fees from the RVRA. On or before the end of each calendar quarter during each
fiscal year, the County shall pay one-fourth of the annual budgeted amount to the Town to
offset the tipping fees paid by the Town to that point during the fiscal year. The parties shall
meet and confer at the end of each fiscal year during the Term of this MOU to reconcile
the amount the County will budget as an estimate of the total amount of tipping fees to be
MOU,the County shall assume all responsibility for providing all fire,emergency medical and
related services in the Town.The County shall provide all reasonable and necessary levels
of fire,emergency medical and related services in the Town,which shall be determined by
continue to assume all responsibility for providing all fire, emergency medical and related
services in the Town. The County shall provide all reasonable and necessary levels of fire,
emergency medical and related services in the Town, which shall be determined by the
5. RESCUE PERSONNEL. Upon the Effective Date of this MOU, the Town shall
terminate the employment of the Town’s fire and emergency medical services personnel
(“Town Fire/Rescue Personnel”). The County shall immediately hire and thereafter employ,
subject to the County’s personnel policies and procedures and manpower needs, the Town
Fire/Rescue Personnel who qualify for employment subject to County policies. Nothing
herein shall be construed as a guarantee of continued employment for the Town
Fire/Rescue Personnel. For purposes of seniority, salary, benefits and all other aspects of
employment under the County personnel system, pay and benefits plans, and personnel
policies and procedures, the County shall credit the Town Fire/Rescue Personnel for all
Fire/Rescue employee who worked for ten years for the Town shall, upon being hired by the
County pursuant to this MOU, be considered to have worked ten years for the County for all
purposes pursuant to the County personnel system, pay and benefit plans, and personnel
policies and procedures. The County shall afford Town Fire/Rescue Personnel salary and
benefits commensurate with the tenure assigned to them under this MOU. Attached as
Exhibit A is a list of Town Fire/Rescue Personnel, their Town salaries, and their tenure with
the Town. Notwithstanding the transfer of pay, tenure and benefits, any Town Fire/Rescue
Personnel hired by County under the terms of this MOU shall not be guaranteed to transfer
their rank to an equivalent rank in the County. The rank assigned to Town Fire/Rescue
personnel shall be at the discretion of the County’s Fire/Rescue Chief. The County
Fire/Rescue Chief shall oversee all staffing, location and shift assignments as he determines
necessary for public safety for Town Fire/Rescue employees who may be hired as County
employees under this MOU. No other Town employees who happen to be hired by the
County at or around the effective date of this MOU shall be subject to this provision.
5. FIRE/RESCUE PERSONNEL. The parties have complied with their respective
obligations under Section 5 of the 2019 MOU. Section 5 is hereby deleted from the MOU.
6. FIRE/RESCUE STATION. The County shall assume and be responsible for all
remaining debt payments associated with the Vinton Fire Station #2 located at 120 West
the Town (collectively, the “Fire/Rescue Station”). The County shall make semi-annual
payments to the Town on July 1 and December 1 of each fiscal year in amounts set forth in
Exhibit B. The Town shall make timely semi-annual payments on the debt from the funds
provided by the County pursuant to this section. The County shall be responsible for any
interest, penalties, fees and other losses resulting from any late payment by the County to
the Town under this section. The Town shall be responsible for any interest, penalties, fees
and other losses resulting from any late payment by the Town to the Town’s creditor under
its discretion to the extent permitted in the underlying loan documents applicable to the
Fire/Rescue Station. The Town may not convey, assign, or otherwise transfer its interest in
the Fire/Rescue Station during the term of this MOU, without the written, express consent of
County.
Town of Vinton Agreement EXHIBIT A
Summary of Changes
7. FIRE/RESCUE STATION DEED. Following the final payment of all debt associated with
the Fire/Rescue Station, the Town shall convey the Fire/Rescue Station to the County in its
then-existing condition by special warranty deed.
No change
8. FIRE/RESCUE DEPARTMENT MAINTENANCE AND OPERATION. Upon the Effective
Date of this MOU, the County shall assume responsibility for all operation and maintenance
expenses associated with the provision of fire, emergency medical and related services to
the Town, including without limitation, the costs of operating the Fire/Rescue Department,
the costs of maintaining, improving, acquiring and insuring equipment, supplies, and
vehicles used to provide fire, emergency medical and related services in the Town, and the
costs of maintaining, and operating the Fire/Rescue Station. The Town shall maintain all
property and casualty insurance, at replacement cost levels, on the Fire/Rescue Station and
shall expressly assign all of its interests in the proceeds of any insurance payments for any
property damage or losses of any kind related to the Fire/Rescue Station to the County,
provided, however, that the payment of insurance proceeds to the County is contingent
upon the County repairing, reconstructing or constructing the Fire/Rescue Station in the
same location or at another location within the Town limits. The Town, at the request of the
The Town shall convey to the County the title to any equipment, supplies, and vehicles
owned by the Town and dedicated to the use of the Fire/Rescue Department. Such
equipment shall be set forth in Exhibit C to this MOU and incorporated herein by reference.
8. FIRE/RESCUE DEPARTMENT MAINTENANCE AND OPERATION. The County has
assumed and shall continue to assume responsibility for all operation and maintenance
expenses associated with the provision of fire, emergency medical and related services to
the Town, including without limitation, the costs of operating the Fire/Rescue Department,
the costs of maintaining, improving, acquiring and insuring equipment, supplies, and
vehicles used to provide fire, emergency medical and related services in the Town, and the
costs of maintaining, and operating the Fire/Rescue Station. The Town shall maintain all
property and casualty insurance, at replacement cost levels, on the Fire/Rescue Station and
shall expressly assign all of its interests in the proceeds of any insurance payments for any
property damage or losses of any kind related to the Fire/Rescue Station to the County,
provided, however, that the payment of insurance proceeds to the County is contingent
upon the County repairing, reconstructing or constructing the Fire/Rescue Station in the
same location or at another location within the Town limits. The Town, at the request of the
The Town has complied with its obligation to convey to the County the title to any
equipment, supplies, and vehicles owned by the Town and dedicated to the use of the
Fire/Rescue Department.
9. FIRE PROGRAMS GRANT. During the Term of this MOU, the Town shall annually
apply for and, if awarded, pay over to the County grant funds reasonably believed to be
and supporting materials needed for the Town to submit annual fire program grant
applications. The Town shall pay the funds over to the County within thirty (30) days of
receipt of the grant funds from the Commonwealth. The Town also shall, within thirty (30)
days of the Effective Date of this MOU, pay to the County the balance of grant funds the
Town currently has from prior fire program grants. The Town currently has an accumulated
balance of $159,000 from prior fire program grants. Once paid to the County by the Town,
the County shall use the accumulated balance of prior fire program grants and all future fire
program grant payments to support the provision of fire, emergency medical and related
services in the Town.
for and, if awarded, pay over to the County grant funds reasonably believed to be available
to the Town from the Commonwealth of Virginia for fire programs in the Town. The County
shall prepare, complete and provide to the Town all applications, documents, reports and
supporting materials needed for the Town to submit annual fire program grant applications.
The Town shall pay the funds over to the County within thirty (30) days of receipt of the
grant funds from the Commonwealth. The Town has complied with its obligation to pay to
the County the balance of grant funds the Town had in its possession as of the effective
date of the 2019 MOU. Once paid to the County by the Town, the County shall use fire
program grant payments to support the provision of fire, emergency medical and related
services in the Town.
to the Town fifty percent (50%) of the revenue the County collects from the transportation of
patients. Commencing on the Effective Date of this MOU, the County will discontinue those
payments and will retain one hundred percent (100%) of the transportation revenue it
No Change
11. ANIMAL CONTROL. Prior to the Effective Date of this MOU, the Town has paid a
variable amount annually to the Regional Center for Animal Care and Protection (“RCACP”)
based on the Town’s usage of the regional facility. The Town shall continue to employ an
animal control officer and provide animal control services for its residents so that the County
does not have to assume responsibility for those functions. Beginning on the Effective Date
of this MOU, the County shall budget, appropriate, and pay on behalf of the Town each
fiscal year the fees charged to the Town by RCACP during such fiscal year. The Town shall
forward invoices from RCACP to the County upon receipt, and the County shall pay the
invoices directly to RCACP. The County shall pay RCACP invoices within thirty (30) days of
receipt. This budgeted and appropriated amount may vary from year to year depending on
the amount of fees actually incurred by the Town. The County and Town shall also petition
the members of the RCACP to amend the RCACP operating agreement and bylaws as
necessary to eliminate the Town as a member of the RCACP.
the consent of the other members of the RCACP, the Town shall discontinue appointing a
member on the RCACP Executive Committee and join the County in a request to appoint or
cause to be appointed as a member of the RCACP Executive Committee an additional
13. FINAL GAIN SHARING PAYMENT. Subject to the deductions stated below, nothing
herein shall modify or amend the County’s obligation to make the final payment to the Town
under the November 2, 1999 Gain Sharing Agreement. As with prior payments under the
Gain Sharing Agreement, the final payment will be due after the completion of the Town and
County audits in the fall of 2019 and the calculation of the amount due. The County shall
make the final payment under the Gain Sharing Agreement to the Town on or before
December 31, 2019. The foregoing notwithstanding, the following amounts shall be
deducted from the County’s final payment under the Gain Sharing Agreement:
13. FINAL GAIN SHARING PAYMENT. The County has complied with its obligation under
the 1999 Agreement as modified by Section 13 of the 2019 MOU. The County is and shall
be responsible for all OPEB payments and leave balances for the Town Fire/Rescue
Personnel, shall procure Motorola public safety radios for use by the Town that are
compatible with the County’s E911 system, and shall procure a new pumper truck for the
Vinton Station and provide equipment as determined by the Chief of Fire/Rescue.
leave balances as of final payroll for FY 2019 for the Town Fire/Rescue Personnel, which
by Motorola and compatible with the County’s E911 system, which are estimated to be
Agreement, the County shall assume responsibility for all OPEB payments and leave
balances for the Town Fire/Rescue Personnel, shall procure Motorola public safety radios
for use by the Town that are compatible with the County’s E911 system, and shall procure a
new pumper truck for the Vinton Station and provide equipment as determined by the Chief
14. VINTON BUSINESS CENTER. The parties confirm and acknowledge that Section
4.03 of the Gain Sharing Agreement regarding the McDonald Farm Economic Development
Project, now known as the Vinton Business Center, and the August 15, 2006 Agreement
between them concerning the Vinton Business Center survives the termination of the Gain
from their respective obligations to comply with the terms of that August 15, 2006
Agreement. Furthermore, nothing herein shall affect the validity or enforceability of other
agreements between the Town and the County.
15. FURTHER ASSURANCES. It is the intent and understanding of the parties to this
inserted herein by reference. Furthermore, if through mistakes or otherwise any such
provision is not inserted in correct form, then this MOU shall upon application of either party,
be amended by such insertion so as to comply strictly with the law and without prejudice to
the rights of either party. Each party shall execute and deliver, or cause to be executed and
delivered, any and all instruments, documents and conveyances, and take any and all action
as shall be necessary or convenient, required to vest in each party all rights, interests and
benefits intended to be conferred in and under this MOU.No Change
Town of Vinton Agreement EXHIBIT A
Summary of Changes
16. BUDGET AND APPROPRIATIONS. The County Administrator and Town Manager
shall include in the budgets they submit to their respective governing bodies the amounts
they reasonably anticipate to pay to the other party or on behalf of the other party pursuant
to this MOU for the ensuing fiscal year as an amount to be appropriated to or on behalf of
obligations in this Agreement that are not otherwise required by law, are subject to
appropriations from the County’s governing body. If the County fails to appropriate amounts
due under this Agreement during any fiscal year, then the Town shall have the option, in its
discretion, of considering the County to have terminated the Agreement as of the end of the
fiscal year in which all required payments were not appropriated. The Town shall provide
written notice of this determination within thirty days of the end of such fiscal year.
No Change
intended to confer any rights or remedies upon any person, other than the parties hereto
No Change
upon the other party by hand delivery, first class mail, registered or certified, return receipt
requested, postage prepaid, or by reputable overnight courier service and addressed as
Meeting Date
February 1, 2022
Department
Finance/Treasurer
Issue
Consider adoption of a Resolution allowing the Town Treasurer/Finance Director to remove
outstanding Personal Property delinquent taxes and Vehicle License Fees over five years old from
the active records to a permanent file.
Summary
According to State Code Section 58.1-3940, collection of local taxes is only enforceable for five
years following December 31 of the year for which such taxes were assessed. All efforts were
made by the Treasurer’s Office to collect the delinquent taxes, including reporting them to the
State Debt Set-Off Program.
Attachments
Resolution
Recommendations
Motion to adopt Resolution
Town Council
Agenda Summary
RESOLUTION NO
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY,
FEBRUARY 1, 2022 AT 6:00 PM IN THE COUNCIL CHAMBERS OF THE VINTON
MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA
WHEREAS, the Town of Vinton is maintaining records of outstanding Personal Property
delinquent taxes for 2016 in the amount of $5,291.99; and
WHEREAS, the Town of Vinton is maintaining records of outstanding Vehicle License Fees for
2016 in the amount of $12,783.14; and
WHEREAS, the personal property taxes and vehicle license fees are over five years old and
collection is no longer enforceable by Section 58.1-3940, of the 1950 Code of
Virginia as amended; and
WHEREAS, the Treasurer’s Office/Finance Department has made all efforts to collect on these
balances and has turned them over to collections and the State of Virginia Debt Set-
Off Program.
NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby direct the
Treasurer/Finance Director to have the outstanding accounts removed from the active records and
placed in a permanent file where, if the opportunity arises, the accounts may be collected.
This Resolution adopted on motion made by ________________, seconded by ____________, with
the following votes recorded:
AYES:
NAYS:
APPROVED:
_____________________________
Bradley E. Grose, Mayor
ATTEST:
___________________________________________
Susan N. Johnson, CMC, Town Clerk
Meeting Date
February 1, 2022
Department
Finance/Treasurer
Issue
Consider adoption of a Resolution allowing the Town Treasurer/Finance Director to remove
outstanding water and sewer delinquent bills over five years old from the active records to a
permanent file.
Summary
As of December 31, 2021, the water and sewer accounts over five years old and inactive have been
deemed uncollectible in the amount of $14,306.32. All efforts have been made to collect the
delinquent water and sewer bills, including submitting them to debt set-off program for collection.
The delinquent listings are available in the Treasurer’s office and will be maintained in the event that
an opportunity should arise to collect one of these outstanding accounts.
Attachments
Resolution
Recommendations
Motion to adopt Resolution
Town Council
Agenda Summary
RESOLUTION NO
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY,
FEBRUARY 1, 2022 AT 6:00 PM IN THE COUNCIL CHAMBERS OF THE VINTON
MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA
WHEREAS, the Town of Vinton is maintaining records of outstanding water and sewer accounts
from 2016; and
WHEREAS, as of December 31, 2021 the water and sewer accounts over five years old and
inactive have been deemed uncollectible in the amount of $14,306.32; and
WHEREAS, the Finance Department has made all possible efforts to collect on these outstanding
balances, including the submitting of these accounts to the debt set-off program.
NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby direct the
Treasurer/Finance Director to have the outstanding amounts removed from the active records and
placed in a permanent file where, if the opportunity arises, the accounts may be collected.
This Resolution adopted on motion made by ________________, seconded by ____________, with
the following votes recorded:
AYES:
NAYS:
APPROVED:
_____________________________
Bradley E. Grose, Mayor
ATTEST:
__________________________________________
Susan N. Johnson, CMC, Town Clerk
Meeting Date
February 1, 2022
Department
Council
Issue
Request to Convene in Closed Meeting, Pursuant to § 2.2-3711 (A) (1) of the 1950 Code of
Virginia, as amended, for discussion of the annual performance of the Town Manager.
Summary
None
Attachments
Certification of Closed Meeting
Recommendations
No action required
Town Council
Agenda Summary
AT A CLOSED MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY,
FEBRUARY 1, 2022 AT 6:00 P.M. IN THE COUNCIL CHAMBERS OF THE VINTON
MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA.
CERTIFICATION THAT A CLOSED MEETING WAS HELD
IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Town Council of the Town of Vinton, Virginia has convened a closed meeting
on this date, pursuant to an affirmative recorded vote and in accordance with the
provisions of the Virginia Freedom of Information Act; and,
WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Vinton
Town Council that such closed meeting was conducted in conformity with
Virginia Law.
NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council hereby certifies that
to the best of each member's knowledge:
1. Only public business matters lawfully exempted from opening meeting
requirements by Virginia law were discussed in the closed meeting to which this
certification applies; and
2. Only such public business matters as were identified in the motion convening the
closed meeting were heard, discussed or considered by the Town Council.
Motion made by ______________ and seconded by _____________________ with all in favor.
___________________________________
Clerk of Council