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Roanoke City Zoning Code

CHAPTER 3

GENERAL PROVISIONS

10-3-1: CONSTRUCTION AND USE:

   (A)   No structure or land shall hereafter be used or occupied and no structure or part thereof shall hereafter be constructed, erected, altered, enlarged, remodeled, extended or moved unless in conformity with all regulations and standards herein specified for the district in which it shall be located.
   (B)   No structure shall hereafter be constructed, erected, altered, enlarged, remodeled, extended or moved:
      1.   To exceed the height limit;
      2.   To occupy or house a greater number of families;
      3.   To occupy a greater percentage of the lot area;
      4.   To exceed the floor area ratio;
      5.   To have smaller or less habitable floor area per dwelling unit or lodging unit;
      6.   To exceed the maximum floor area;
than hereinafter required or in any manner contrary to the regulations and standards of the district in which it is located.
   (C)   In no case other than in planned developments shall there be more than one main or principal structure, or main or principal use on one lot or tract of land.
   (D)   No accessory use shall be established prior to the establishment of the main or principal use, and no accessory structure shall be constructed, erected, altered, remodeled, extended or moved prior to the establishment or construction of the main or principal structure except those accessory uses and structures of a temporary nature required for the establishment of the main or principal use, or for the construction of the main or principal structure.
   (E)   No structure shall be constructed or erected on a lot or tract of land or moved to a lot or tract of land which does not abut a public street or permanent easement of access to a public street. Such easement shall have a minimum width of twenty feet (20') unless an easement of less width was on record prior to the effective date of this zoning code.
   (F)   Nothing in this zoning code shall be deemed to require any change in the plans, construction, or designated use of any structure existing or upon which construction was lawfully begun prior to the effective date of this zoning code, or any amendment thereto as such amendment specifically applies to the plans, construction, or designated use, provided that such structure shall be completed within one calendar year from the effective date of this zoning code or any amendment thereto as such amendment is specifically applicable.
   (G)   The performance standards, regulations, rules, requirements, provisions, and restrictions set by this zoning code shall apply to all structures, uses, lots, and tracts of land created or established after the effective date of this zoning code, or any amendment thereto as such amendment specifically applies to the standards, regulations, rules, requirements, provisions, and restrictions, and shall not be deemed to require any change in the structure, uses, lots, or tracts of land lawfully existing on the effective date of this zoning code or any amendment thereto, except as expressly specified hereinafter.
   (H)   The uses permitted in one district shall not be permitted in any other district unless specifically stated.
   (I)   Accessory structures and uses shall comply with size, height, setback, and any other restrictions set forth in this zoning code, unless a variance is properly granted under the provisions in chapter 13 of this title.
   (J)   Sheds shall be made of common building materials and shall not be constructed of salvaged materials, such as wooden pallets.
   (K)   Shipping containers shall be used as an accessory structure and shall not be allowed in any zoning district with the exception of the I-1 Industrial District. (Ord. 2005-04, 5-16-2005; amd. Ord. 2024-06, 10-21-2024)

10-3-2: OPEN SPACES:

   (A)   No part of a yard, buffer strip or other open space, off street parking space or loading berth, or lot area required about or in connection with any structure or use for the purpose of complying with the regulations and standards of this zoning code shall be included as part of a yard, buffer strip or other open space, off street parking or loading berth or lot area similarly required for any other structure or use.
   (B)   No yard, buffer strip or other open space, off street parking space or loading berth, or lot shall be reduced in dimension or area below the requirements set forth hereinafter. Yards, buffer strips or other open spaces, off street parking spaces or loading berths, or lots created or established after the effective date of this zoning code or any amendment thereto shall meet at least the minimum requirements established by this zoning code or such amendment thereto. (Ord. 2005-04, 5-16-2005)

10-3-3: HEIGHT:

   (A)   The height of any main or principal structure or accessory building may exceed the maximum permitted height by one foot (1') for each additional foot by which the width of each yard exceeds the minimum yard dimension for the district in which such structure is located up to the maximum height specifically set forth in this section.
   (B)   Height regulations and standards shall not apply to spires, belfries, penthouses or domes not used for human occupancy nor to chimneys, ventilators, skylights, water tanks, bulkheads, utility poles and power silos, and other necessary mechanical appurtenances, provided their location shall conform where applicable to the regulations and standards of applicable state law or the federal communications commission, the civil aeronautics administration, and other public authorities having jurisdiction.
   (C)   Structures shall not exceed height specified for the applicable district, and in no event shall any structures exceed fifty four feet (54') in height. All buildings and all main or principal structures shall be positioned in conformation with the setback line regulations and standards specified hereinafter for the district in which they are located. (Ord. 2005-04, 5-16-2005)

10-3-4: YARDS/FENCES:

   (A)   Notwithstanding any other provisions of this zoning code, the minimum yard dimensions specified hereinafter shall not be reduced except through appropriate action by the zoning board.
   (B)   Yards shall be kept unobstructed for their entire depth except as specified hereinafter.
   (C)   Private driveways, service drives, easements, sidewalks, flag poles, arbors, trellises, fences, walls, columns, light poles, hydrants, patios, accessory signs and other decorative recreational and utility devices, equipment and TV discs, may be placed in any yard.
   (D)   Fences, walls, and hedges may be placed in any yard or along the edge of any yard; provided, that no fence, wall or hedge, except in the case of a junkyard, shall exceed four feet (4') in height, except as modified by subsections (E) and (F) of this section.
   (E)   Corner lot visibility: On a corner lot, nothing shall be permanently or temporarily constructed, erected, placed, planted, or allowed to grow in such a manner as materially to impede vision between a height of two and one-half feet (21/2') and ten feet (10') above the centerline grades of the intersecting streets in an area bounded by the street right of way lines of such corner lot and a straight line adjoining points along said street right of way lines fifty feet (50') from the nearest point of intersection. Beyond such fifty foot (50') limits, subsection (D) of this section shall apply.
   (F)   Any fence or wall along a side yard or rear yard may be as high as, but shall not exceed, six feet (6') in height in an R-1 or R-2 residential district or eight feet (8') in height in all other zoning districts.
   (G)   The term "hedge", as used in this section, shall mean a dense row of shrubs, bushes, or other vegetative material that form a boundary or barrier.
   (H)   A fence shall be constructed from materials commonly used for fencing and shall not be constructed with railroad ties, wood pallets, tires, salvage materials, or any livestock fencing. No fence shall be allowed which contains any components which could cause a public safety hazard (e.g. barbed wire, metal spikes, or electrical elements). (Ord. 2005-04, 5-16-2005; amd. Ord. 2024-06, 10-21-2024)

10-3-5: EXEMPTIONS FROM REGULATIONS AND STANDARDS:

The following structures and uses are exempted from the application of the district regulations and standards and are permitted in any district:
Poles, towers, wires, cables, conduits, vaults, laterals, pipes, mains, valves or any similar distributing equipment for telephone or other communications, electric power, gas, water and sewer lines; provided, that the installation shall conform where applicable with applicable state law or the rules and regulations of the Illinois commerce commission, the civil aeronautics administration, and of other public authorities having jurisdiction.
A zoning use permit shall be obtained for any aboveground electric substation or switching station, gas regulator station, water pump station, telephone exchange or similar utility structure. (Ord. 2005-04, 5-16-2005)

10-3-6: GENERAL PROHIBITIONS:

   (A)   No trailer camp or mobile home park shall be permitted in the village unless specifically recommended by the zoning board and approved by the village board through the special use process set forth in chapter 12 of this title. Additionally, no one may maintain or permit on his premises, a trailer coach, tourist home, or mobile home for more than thirty (30) days unless specifically permitted by the zoning board, and village board approval is required through the special use process set forth in chapter 12 of this title for such use for more than ninety (90) days.
   (B)   No adult use of property shall be located or operating within one thousand feet (1,000') of a school, daycare center, cemetery, public park, forest preserve, public housing, or place of religious worship, or within seven hundred fifty feet (750') of a residential district. "Adult use" includes any adult entertainment facility and is defined as follows: 1) a striptease club or pornographic movie theater whose business is the commercial sale, dissemination, or distribution of sexually explicit material, shows, or other exhibitions; or 2) an adult bookstore or adult video store whose primary business is the commercial sale, dissemination, or distribution of sexually explicit material, shows, or other exhibitions. "Adult use" shall also include a massage parlor or massage establishment, except to the extent the massage therapy is provided by a hospital, nursing home, physician's office, chiropractic office, or by a state licensed massage therapist or other state licensed person who practices in the healing arts.
   (C)   No property within the village shall be used to keep, raise, or otherwise own, possess, or permit any of the following animals: horses, cattle, sheep, ponies, mules, goats, pigs, swine, hogs, ducks, geese, chickens, minks, skunks, bees, pigeons, any other hoofed animal not herein specifically mentioned, any other livestock or poultry, or any undomesticated, wild, or vicious feline, canine or ursine animal or any other undomesticated, wild, or vicious animal potentially injurious to humans. (Ord. 2005-04, 5-16-2005)

10-3-7: SIGNS:

The following regulations are established to promote the public health and safety by reducing the distractive characteristics of signs along public streets, by prohibiting signs that interfere with traffic control devices, and by assuring adequate standards for the erection and maintenance of signs. These regulations are also established to regulate the size, height, location, and general characteristics of signs to protect and enhance the physical appearance and aesthetics of the community. No sign, display, or similar structure shall be permitted unless such sign, display, or structure complies with the regulations set forth herein.
   (A)   General Provisions: The following regulations apply to signs in any zoning district:
      1.   No sign shall project onto the public right of way or interfere with an authorized traffic signal, traffic control device, traffic sign, or street sign or device, or interfere with the required corner lot visibility requirements set forth in section 10-3-4 of this chapter.
      2.   No sign shall be attached to a tree, utility pole, post, fence, hedge, rock, or any other structure or natural feature on public property or within a public right of way, with the exception of authorized traffic control devices, street signs, or markers.
      3.   No sign shall be located on vacant property except a sign advertising the premises for sale or lease and which meets the standards set forth in this section.
      4.   No sign shall prevent free ingress or egress from any door, window, or fire escape.
      5.   Any sign that is hereafter abandoned, or that ceases to be used for a period of thirty (30) days, or for which the business it advertises has not been conducted on the premises for a period of thirty (30) days, shall be removed by the owner, lessee, or other person or entity in control of the premises on which the sign is located according to the following schedule: a) the sign shall be removed and replaced with a blank face no later than sixty (60) days after the sign was abandoned, the sign ceased to be used, or the affiliated business ceased operation (whichever occurs first); and b) all portions of the remainder of the sign, including framework, poles, braces, structural elements and supports, shall be removed no later than three hundred (300) days after the expiration of the initial sixty (60) day period set forth above. Any sign that is hereafter unlawfully installed or maintained shall be immediately removed by the owner, lessee, or other person or entity in control of the premises on which the sign is located. Upon the failure to remove the sign in compliance with this provision, the zoning administrator shall give written notice of nonconformance to the owner, lessee, or other person or entity in control of the premises on which the sign is located, who will be required to remove the sign in compliance with this provision within fifteen (15) days from the date of the notice. If such person or entity does not comply, the zoning administrator shall have the sign removed and any expense incident thereto shall be paid by the owner or by a lien placed against the property. If the property owner is different than the person or entity that erected or last maintained the sign on the property, then both the owner and the person or entity that erected or last maintained the sign shall both jointly and severally be responsible for removal of the sign in compliance with this provision.
      6.   The owner, lessee, or person or entity in control of any sign shall be required to keep such sign properly maintained at all times in good and safe structural condition. The painted or colored portion of a sign shall be repainted or replaced as necessary to be kept in good condition. Illuminated and moving parts of a sign shall be kept in proper working order.
      7.   With the exception of authorized public traffic control devices, dial clocks, and time and temperature devices, flashing, revolving, or animated signs shall be permitted only in a B-1 central business district, a B-2 general retail business district, and an I-1 industrial district.
      8.   Illuminated signs shall not be permitted in any residential district, except for institutional signs as defined herein, and shall be permitted in a B-1 central business district, a B-2 general retail business district, and an I-1 industrial district.
      9.   The lighting used in any illuminated sign shall be such that only the sign itself, and not the area surrounding it, will be illuminated. Additionally, any lighting, flashing, or motion of a sign shall not create a hazardous or annoying glare or condition. Further, in no case shall exposed bulbs or strobe lights be allowed.
   (B)   Permitted Signs: The following signs are permitted in all zoning districts provided the sign complies with the conditions and limitations set forth herein. Such signs may not be illuminated unless otherwise specified.
      1.   Public signs: Signs of a public, noncommercial nature, to include safety signs, danger signs, trespassing signs, traffic signs, signs indicating scenic or historical points of interest, memorial plaques, and the like, and all signs erected by or on order of a public officer in the performance of a public duty. Such signs may be illuminated.
      2.   Identification signs: Freestanding or wall signs which identify permitted use, owner or resident, and set forth the address of the premises where the sign is located, and which contain no other material. One such sign is allowed per lot provided any lettering is not over four inches (4") in height, the sign is not more than three feet (3') high, and the area of the sign does not exceed three (3) square feet. No sign shall be closer than ten feet (10') to the property line or one-half (1/2) the front yard depth, whichever is less. This provision does not apply to mailboxes which are not attached to a building.
      3.   Integral signs: Names of buildings, dates of construction, commemorative tablets and the like, when carved into stone, concrete or similar material or made of bronze, aluminum or other permanent type of construction and made an integral part of the building or structure.
      4.   Institutional signs: Any sign or bulletin board setting forth or denoting the name of or simple announcement for any public, charitable, educational or religious institution when located on the premises of such institution, provided such sign or bulletin board or both shall not exceed a total of forty (40) square feet in display surface. One such on site sign is allowed per property not to exceed six feet (6') in height. No such on site sign shall be closer than ten feet (10') to the property line or one-half (1/2) the front yard depth, whichever is less. One off site directional sign is allowed per institution not to exceed nine (9) square feet in area and ten feet (10') in height. Such signs may be illuminated.
      5.   Private traffic direction signs and related signs: Signs directing traffic movement onto a premises or within a premises, when such signs are located on the premises, do not exceed four (4) square feet in area for each sign and do not exceed five feet (5') in total height. Such signs must be freestanding or wall mounted and no sign shall project into a public way. Such signs are considered to include parking directions, exit or entrance signs, drive-up window signs, restroom signs and the like. Horizontal directional signs on and flush with paved areas are exempt from these standards.
      6.   Community event signs: Signs advertising a public entertainment or event of public interest. These signs shall remain in place for no more than twenty one (21) days before and fourteen (14) days after the event and may not exceed ten (10) square feet in area. Signs placed over a public way shall be at least fifteen feet (15') above ground level.
      7.   Political or campaign signs: Temporary signs or posters announcing the candidates seeking public political office or political issues, and data pertinent thereto, up to an area of ten (10) square feet. These signs shall be confined to private property off the public right of way, have the consent of the property owner, and shall be removed within seven (7) days after the election for which they were erected.
      8.   Individual property sale or rental signs: Any on premises sign announcing the name of the owner, manager, realtor or other person directly involved in the sale or rental of the property or announcing the purpose for which it is being offered. Signs may be freestanding or wall mounted only. These signs must be removed within fourteen (14) days after sale or rental of property. These signs shall not be closer than ten feet (10') to a property line or one-half (1/2) the front yard depth, whichever is less. Such signs in any zoning residential district shall not exceed five (5) square feet in area or exceed three feet (3') in height. Such signs in any other zoning district shall not exceed twenty five (25) square feet in area or exceed twelve feet (12') in height.
      9.   Subdivision signs: Temporary signs announcing the names of architects, engineers, contractors or other individuals or firms involved with the subdivision of property and announcing the character of the subdivision, the purpose for which it is intended, or the sale of lots. These signs shall be confined to private property within the new subdivision and limited to one sign per street bordering or entering the subdivision. Such sign shall not exceed thirty two (32) square feet in area or ten feet (10') in height for a residential subdivision, or sixty four (64) square feet in area or twenty five feet (25') in height for a commercial or industrial subdivision. These signs shall not be closer than ten feet (10') to a property line or one-half (1/2) the front yard depth, whichever is less. These signs shall be removed within thirty (30) days after the sale of the last lot within the subdivision.
      10.   Construction signs: Any sign announcing the names of architects, engineers, contractors or other individuals or firms involved with the construction, alteration or repair of a building or announcing the character of the building enterprise or the purpose for which the building is intended, or to indicate the presence of underground public utility structures to avoid damage to structures by excavation. Such signs shall be confined to the site for the construction, alteration or repair and shall be removed within twenty one (21) days after completion of the work. Standards for such signs shall be as for individual property sale or rental signs set forth above.
      11.   Holiday signs: Signs or displays which contain or depict a message pertaining to a national, state, community or religious holiday. Such signs or displays shall be permitted for no longer than forty five (45) days during the respective holiday period. Such signs may be illuminated.
      12.   Underground public utility warning signs: Standard types of warning signs marking the routes of underground public utility pipes, conduits and cables.
   (C)   Permitted Signs; R-1 And R-2 Residential Districts: Except as noted herein, no other signs besides those listed in subsection (B) of this section are permitted in the R-1 or R-2 residential districts. However, for a home occupation (a permitted and lawful business conducted by an occupant of the structure), one wall mounted sign shall be permitted not exceeding four (4) square feet in area or ten feet (10') in height, which identifies the name and nature of the business or occupation conducted therein, and which contains no other material.
   (D)   Permitted Signs; R-3 Residential District: For single-family or duplex dwellings, subsection (C) of this section shall apply. For multiple-family dwellings, a single identification sign not exceeding ten (10) square feet in area and only the name and address of the building(s) and the name of the management thereof may be displayed on such sign. Such sign shall not project higher than six feet (6') above curb level and shall not project into the public way. It shall be located at least ten feet (10') behind the property line. One freestanding sign is permitted per apartment grouping under single ownership.
   (E)   Permitted Signs; B-1 Central Business District: The following signs are permitted in the B-1 central business district provided the sign advertises only a business conducted in the building or on the premises of which such sign is placed. One wall sign plus one freestanding, projecting, awning or marquee sign is permitted per business, provided such signs comply with the following guidelines:
      1.   For permitted residential uses, the requirements of subsection (D) of this section shall apply.
      2.   Signs shall not exceed in total area two (2) times the linear feet of the street frontage of the establishment, but in no case shall the area of the sign exceed forty (40) square feet per establishment.
      3.   Freestanding signs shall not exceed twenty five feet (25') in height or the height of the building, whichever is less. No part of the sign may extend into a public way.
      4.   Projecting signs shall not exceed the height of the building. The bottom most portion of the sign must be at least eight feet (8') above the finished grade of the sidewalk beneath it. Projecting signs may extend into the public way but cannot be closer than two feet (2') to any curb line.
      5.   Wall signs shall not exceed twenty percent (20%) of the total square foot area of the face of the building, including doors and windows. As used in this zoning code, a "wall sign" is any sign attached, erected, constructed, painted on or against a wall, building, or structure parallel to the face of a building and supported throughout its length by the building.
      6.   Signs attached to awnings or marquees may not project more than twelve inches (12") from the structure and may not exceed ten (10) square feet in area. The bottom most portion of the awning, marquee or sign attached thereto, must be at least eight feet (8') above the finished grade of the sidewalk beneath it. Such structures, with attached signs, may extend into the public way but shall not be closer than two feet (2') to any curb line.
      7.   Signs shall not project over or across any property line.
   (F)   Permitted Signs; B-2 General Retail Business District: The following signs are permitted in a B-2 general retail business district provided the sign does not extend into a public way and they advertise only a business conducted in the building or on the premises of which such sign is placed. Each business is allowed one wall sign plus one freestanding, projecting or roof sign, provided such signs comply with the following guidelines:
      1.   For permitted residential uses, the requirements of subsection (D) of this section shall apply.
      2.   Freestanding signs shall not exceed one hundred (100) square feet in area and shall be no more than twice the height of the building or forty feet (40'), whichever is less. Such signs must be at least twelve feet (12') from the property line.
      3.   Projecting signs shall not exceed fifty (50) square feet in area and shall not project above the roof of the building. The bottom most portion of the sign must be at least eight feet (8') above the finished grade of the sidewalk or ground beneath it.
      4.   Roof signs shall not exceed one hundred (100) square feet in area, and shall not exceed ten feet (10') in height as measured from that portion of the roof directly beneath the sign. Signs must be located wholly within the roof area of the structure.
      5.   Wall signs shall not exceed twenty percent (20%) of the total square footage of the face of the building, including doors and windows.
   (G)   Permitted Signs; I-1 Industrial District: The following signs are permitted in the I-1 industrial district provided the sign does not extend into a public way and they advertise only a business conducted in the building or on the premises of which such sign is placed. Each business is allowed one wall sign plus one freestanding, projecting or roof sign, provided such signs comply with the following guidelines:
      1.   For permitted nonconforming residential uses, the requirements of subsection (D) of this section shall apply.
      2.   For permitted business district uses, the requirements of subsection (E) of this section shall apply.
      3.   Freestanding signs shall not exceed two hundred (200) square feet in area and shall be no more than twice the height of the building or seventy five feet (75'), whichever is less. Such signs must be at least twelve feet (12') from the property line.
      4.   Projecting signs shall not exceed one hundred (100) square feet in area and shall not project above the roof of the building. The bottom most portion of the sign must be at least eight feet (8') above the finished grade of the sidewalk or ground beneath it.
      5.   Roof signs shall not exceed two hundred (200) square feet in area, and shall not exceed ten feet (10') in height as measured from that portion of the roof directly beneath the sign. Signs must be located wholly within the roof area of the structure.
      6.   Wall signs shall not exceed twenty percent (20%) of the total square footage of the face of the structure, including doors and windows.
   (H)   Nonconforming Signs: Any lawful signs existing at the effective date of the adoption of this amendment to the zoning code that adopts this sign ordinance, or subsequent amendment thereto, which would not be permitted under the terms of this sign ordinance or zoning code, or subsequent amendment thereto, is declared to be a legal nonconforming sign. In compliance with the conditions and provisions set forth in section 10-11-4 of this title, such nonconforming signs shall be permitted until terminated by voluntary act or by catastrophic event, and the conversion of these legal nonconforming signs to conforming signs wherever and whenever possible is encouraged. However, legal nonconforming institutional signs permitted under this provision that are terminated by catastrophic event may be replaced, reconstructed, or repaired, provided that such institutional sign is no greater in size, height, or scope than prior to the catastrophic event, and that such sign is built at the same specific location where such institutional sign was located prior to the catastrophic event. (Ord. 2005-04, 5-16-2005)