These requirements apply generally to all districts except as otherwise noted:

(a)

Parking spaces and loading berths required herein, together with aisles and maneuvering area, shall have an all weather surfacing, enclosed or unenclosed, and shall be connected by an all-weather surfaced driveway to a street or alley. An all-weather surface shall be construed to mean a bituminous or portland cement concrete paved surface conforming to the requirements of the Standard Construction Specifications of the City of Roanoke.

(b)

In determining the required number of parking spaces fractional spaces shall be counted to the nearest whole space. Parking spaces located in buildings used for repair garages or auto laundries shall not be counted as meeting the required minimum parking.

(c)

The floor area of structures devoted to off-street parking of vehicles shall be excluded in computing the floor area for off-street parking requirements.

(d)

Where a lot or tract of land is used for a combination of uses, the off street parking requirements shall be the composite or sum of the requirements for each type of use and no off-street parking space provided for one type use or building shall be included in calculation of the off-street parking requirements for any other use or building.

(e)

Off-Street Parking. For all parking adjacent to a public thoroughfare; parking spaces so situated that the maneuverings of a vehicle in entering or leaving such spaces is done on a public street shall not be classified as off-street parking in computing any parking requirements herein, except in SF-7, SFA, and MH.

(f)

No off-street parking space shall be located either in whole or in part, in a public street or sidewalk, parkway, alley or other public right-of-way. Maneuvering areas located adjacent to a public street shall be computed from the curb line of the street. Sidewalk areas shall be a minimum of four feet wide and shall be permanently designated. All sidewalks shall be located on public property.

(g)

No off-street parking or loading space shall be located, either in whole or in part, within any fire lane required by ordinance of the City within aisles, driveways, or maneuvering areas necessary to provide reasonable access to any parking space, except in SF-7 and SFA Districts.

(h)

No required off-street parking or loading space shall be used for sales, nonvehicular storage, repair or service activities.

(i)

Lighting facilities, if provided, shall be so arranged as to be reflected away from property zoned or used for residential purposes.

In all districts there shall be provided, in connection with appropriate permitted uses, off-street vehicle parking spaces in accordance with the following requirements:

(a)

In any district, there shall be provided on each single family residential lot two vehicle parking spaces of not less than 180 square feet each open or enclosed.

(b)

In all districts where such use is permitted, there shall be provided on any lot devoted to multi-family residential use parking spaces of not less than 180 square feet, as provided in section 12.702, Off-Street Parking and Loading Requirements.

(c)

Required off-street parking for residential uses shall be provided on the lot or tract occupied by the principal use, except in Townhouse Subdivisions (SFA), where one of the required spaces may be within 100 feet of each lot or tract.

(d)

Required off-street parking for permitted nonresidential uses in the "SF" District and for permitted uses in all other districts shall be provided on the lot or tract occupied by the principal use or upon a lot or tract dedicated to parking use by an instrument filed for record and consolidated under a single Certificate of Occupancy with the principal use. Such parking facility shall be located in the same zoning district as the principal use; provided, that the Board of Adjustment may permit a parking facility as a special exception, under such regulations and conditions as the board may deem advisable, when:

(1)

The proposed parking facility is on a site within 300 feet of the principal use property; and

(2)

The principal use is located in an "SF" District and the proposed parking facility is located in one of such districts; or

(3)

The principal use is located in a "LC" or less restrictive district and the proposed parking facility is located in one of such districts. In the granting of such special exception, the board shall approve the location of entrances and exits to parking areas, and may require screening devices along parking area boundaries.

(e)

In all districts where such use is permitted, there shall be provided for nonresidential use, parking spaces of not less than 180 square feet, as provided in section 12.702, Off-Street Parking and Loading Requirements, except on property zoned "LC" parking spaces shall be 240 square feet or twenty feet (20') by twelve feet (12'). Such parking spaces shall be striped or otherwise clearly designated on the parking surface, and shall not include any fire lane or other area necessary for aisles or maneuvering of vehicles.

(f)

No publicly owned property may be considered by the owner of any private property in determining whether or not his property meets the parking and loading requirements of this chapter.

(g)

No entrance or exit to any parking facility for any property in zoning district "LC" shall be located within 50 feet of any intersection of any public street.

SCHEDULE OF PARKING AND LOADING REQUIREMENTS

(a)

For 90 degree angle parking, each parking space shall be not less than nine feet (9') wide nor less than eighteen feet (18') in length. Maneuvering space shall be in addition to parking space and shall be not less than twenty-four feet (24') perpendicular to the building or parking line. Maneuvering space adjacent to a public street shall be computed from curb line of the street and shall be not less than twenty-four feet (24') perpendicular to the building or parking line.

(b)

For 60 degree angle parking, each parking space shall be not less than nine feet (9') wide perpendicular to the parking angle nor less than nineteen feet (19') in length when measured at right angles to the building or parking line. Maneuvering space shall be in addition to parking space and shall be not less than twenty feet (20') perpendicular to the building or parking line. Maneuvering space adjacent to a public street shall be computed from curb line of the street and shall be not less than twenty feet (20') perpendicular to the building or parking line.

(c)

For 45 degree angle parking, each parking space shall be not less than nine feet (9') wide perpendicular to the parking angle nor less than eighteen feet (18') in length when measured at right angles to the building or parking line. Maneuvering space shall be in addition to parking space and shall be not less than eighteen feet (18') perpendicular to the building or parking line. Maneuvering space adjacent to a public street shall be computed from curb line of the street and shall be not less than eighteen feet (18') perpendicular to the building or parking line.

(d)

When off-street parking facilities are located adjacent to a public alley, the width of said alley may be assumed to be a portion of the maneuvering space requirement. When maneuvering space is located adjacent to a public street and no curb line exists or no curb is required, the future curb line shall be located by the City Engineer.

(e)

Where off-street parking facilities are provided in excess of the minimum amounts herein specified, or when off-street parking facilities are provided but not required by this chapter, said off-street parking facilities shall comply with minimum requirements for parking and maneuvering space herein specified.

Every building or part thereof erected or occupied or retail business, service, manufacturing, storage, warehousing, hotel, mortuary, or any other use similarly involving the receipt or distribution by vehicles or materials or merchandise, shall provide and maintain on the same premises loading space in accordance with the following requirements:

(1)

In District "BP," one loading space for each 10,000 feet or fraction thereof, floor area in the building.

(2)

In Districts "O," "R," and "LC," one loading space for the 5,000 to 15,000 square feet of floor area in the building and one additional loading space for each 15,000 square feet, or fraction thereof, of floor area in excess of 15,000 square feet.

(3)

Each required loading space shall have a minimum size of ten feet (10') by twenty-five feet (25').

Fire lanes shall be provided in all multifamily, single-family attached, manufactured/mobile homes, and nonresidential developments, as required by the adopted fire code of the city. Fire lanes shall be a minimum width of 24 feet of paving, and shall have a minimum inside turning radius at curves of 20 feet, or as required by the fire code and/or the fire chief of the city. The minimum overhead vertical clearance over fire lanes shall be 14 feet for a linear distance of 50 feet on each side (i.e., in front of and behind, as a fire apparatus would traverse underneath) of any overhead structure (e.g., canopy, roof overhang, vertical height control device, etc.).

Landscaping is accepted as adding value to property and is in the interests of the general welfare of the City. The provision of landscaped areas also serves to increase the amount of a property that is devoted to pervious surface area which, in turn, helps to reduce the amount of impervious surface area, storm water runoff, and consequent nonpoint pollution in local waterways. Therefore, landscaping is hereafter required of new development.

The standards and criteria contained within this Division are deemed to be minimum standards and shall apply to all new, or altered, exceeding thirty percent (30%) of the original floor area, construction occurring within the City. Additionally, any use requiring a Specific Use Permit or a PD zoning designation must comply with these landscape standards unless special landscaping standards are otherwise provided for in the ordinance establishing the SUP or PD district. The provisions of this Section shall be administered and enforced by the City Manager or his/her designee. The landscape standards in this Section apply to nonresidential and multi-family developments, including uses such as schools and churches within a residential zoning district, and minimal front yard landscaping standards apply to single-family and duplex residential developments and individual lot/tracts.

If at any time after the issuance of a certificate of occupancy, the approved landscaping is found to be not in conformance with the standards and criteria of this Section, the City Manager or his/her designee shall issue notice to the owner, citing the violation and describing what action is required to comply with this Section. The owner, tenant or agent shall have thirty (30) days from date of said notice to establish/restore the landscaping, as required. If the landscaping is not established/restored within the allotted time, then such person shall be in violation of this chapter.

No permits shall be issued for building, paving, grading or construction until a detailed landscape plan is submitted and approved by the City Manager or his/her designee, along with the site plan and engineering/construction plans. A landscape plan shall be required as part of the site plan submission, as required in article II, division 7 of this chapter. The landscape plan may be shown on the site plan (provided the site plan remains clear and legible) or may be drawn on a separate sheet. Prior to the issuance of a certificate of occupancy for any building or structure, all screening and landscaping shall be in place in accordance with the landscape plan.

In any case in which a certificate of occupancy is sought at a season of the year in which the City Manager or his/her designee determines that it would be impractical to plant trees, shrubs or groundcover, or to successfully establish turf areas, a temporary certificate of occupancy may be issued provided a letter of agreement from the property owner is submitted that states when the installation shall occur. All landscaping required by the landscaping plan shall be installed within six (6) months of the date of the issuance of the certificate of occupancy.

Prior to the issuance of a building, paving, grading or construction permit for any use referenced in this Division, a landscape plan shall be submitted to the Planning and Zoning Commission. The Commission, shall review such plans and shall provide City Council with a recommendation and City Council shall take final action on such plans. If the plans are in accordance with the criteria of these zoning regulations an action of approval shall be taken. If the plans are not in conformance, they shall be disapproved and shall be accompanied by a written statement setting forth the changes necessary for compliance. Landscaping plans shall be prepared by a person knowledgeable in plant material usage and landscape design (e.g., landscape architect, landscape contractor, landscape designer, etc.) and shall contain the following minimum information:

(a)

Minimum scale of one inch (1") equals fifty feet (50'); show scale in both written and graphic form.

(b)

Location, size and species of all trees to be preserved (do not use "tree stamps" unless they indicate true size and location of trees).

(c)

Location of all plant and landscaping material to be used, including plants, paving, benches, screens, fountains, statues, earthen berms, ponds (to include depth of water), topography of site, or other landscape features.

(d)

Species and common names of all plant materials to be used.

(e)

Size of all plant material to be used (container size, planted height, etc.).

(f)

Spacing of plant material where appropriate.

(g)

Layout and description of irrigation, sprinkler, or water systems including location of water sources.

(h)

Description of maintenance provisions.

(i)

Name and address of the person(s) responsible for the preparation of the landscape plan.

(j)

North arrow/symbol, and a small map showing where the property is located.

(k)

Date of the landscape plan.

The following criteria and standards shall apply to landscape materials and installation:

(a)

All non-paved surfaces shall be completely covered with living plant material. Landscaping materials such as wood chips and gravel may be used under trees, shrubs and other plants, but shall not comprise a significant portion of the total pervious surface area.

(b)

Plant materials shall conform to the standards of the approved plant list for the City of Roanoke (see Section 12.730 for the approved plant list) and the current edition of the "American Standard for Nursery Stock" (as amended), published by the American Association of Nurserymen. Grass seed, sod and other material shall be clean and reasonably free of weeds and noxious pests and insects.

(c)

Trees shall have an average crown spread of greater than fifteen feet (15') at maturity. Trees having a lesser average mature crown of fifteen feet (15') may be substituted by grouping the same so as to create the equivalent of fifteen feet (15') of crown spread. Large trees shall be a minimum of three inches (3") in caliper (measured four feet (4') above the ground) and seven feet (7') in height at time of planting. Small ornamental trees shall be a minimum of one and one-half inch (1.5") in caliper and five feet (5') in height at time of planting. All new trees shall be provided with a permeable surface under the dripline a minimum of five feet (5') by five feet (5') diameter.

(d)

Shrubs not of a dwarf variety shall be a minimum of two feet (2') in height when measured immediately after planting. Hedges, where installed for screening purposes, shall be planted and maintained so as to form a continuous seventy-five percent (75%) visual screen which will be at least six feet (6') high within three (3) years after time of planting, except for parking lot/tract/headlight screens, which shall form a continuous, solid visual screen three feet high within two years after planting.

(e)

Vines not intended as ground cover shall be a minimum of two feet (2') in height immediately after planting and may be used in conjunction with fences, screens, or walls to meet landscape screening requirements as set forth.

(f)

Grass areas shall be sodded, plugged, sprigged, hydro-mulched and/or seeded, except that solid sod shall be used in swales, earthen berms or other areas subject to erosion.

(g)

Ground covers used in lieu of grass in whole and in part shall be planted in such a manner as to present a finished appearance and reasonably completed coverage within one (1) year of planting.

(h)

All landscaped areas shall be equipped with an automatic, underground irrigation system with freeze- and moisture sensors to prevent watering at inappropriate times. Landscaped areas having less than ten (10) square feet in area may be irrigated by some other inconspicuous method. If appropriate xeriscape planting techniques are utilized, the City Council may waive the requirement for an underground irrigation system at the time of site plan approval. However, the landscaping shall be required to be maintained in a healthy, living and growing condition, and any irrigation devices shall not be visible from public streets or walkways.

(i)

Earthen berms shall have side slopes not to exceed 33.3 percent (three feet (3') of horizontal distance for each one foot (1') of vertical height). All berms shall contain necessary drainage provisions as may be required by the City's Engineer.

(a)

For all nonresidential and multi-family developments, including schools, churches, day care facilities, and other similar uses in a residential district, at least twenty percent (20%) of the lot/tract area shall be pervious, permanently landscaped area (see Illustration 8). For corner lot/tracts, a six hundred (600) square foot landscaped area shall be provided at the street intersection, which can be counted toward the twenty percent (20%) requirement.

(b)

A minimum twenty-five foot (25') landscaped street buffer adjacent to the right-of way of any arterial (Type "B" or larger) is required for the first two hundred and fifty feet (250') from the beginning (i.e., tangent) point of the street corner radius. Beyond the first 250 feet, the landscaped street buffer may either continue at the 25-foot width (developer's option), or it shall transition down to a required width of fifteen feet (15') along the remainder of the arterial frontage (minimum length of transition shall be one hundred feet [100']). A minimum fifteen-foot (15') landscaped street buffer shall be required along any street frontage for any other nonresidential or multi-family development (including schools, churches, day care facilities, and other similar uses in a residential district). Corner lot/tracts fronting two (2) arterials shall provide the appropriate required landscape buffer on both street frontages. One (1) large shade tree and four (4) small ornamental trees shall be required per fifty (50) linear feet (or portion thereof) of street buffer frontage. Trees should be grouped or clustered to facilitate site design and to provide an aesthetically pleasing, natural looking planting arrangement. The landscaped street buffer area may be included in the required landscape area percentage.

(c)

Landscape areas within parking lot/tracts should generally be at least one parking space in size, with no landscape area less than fifty (50) square feet in area. Landscape areas shall be no less than five feet (5') wide, shall equal a total of at least sixteen (16) square feet per parking space, and shall be dispersed throughout the parking area (i.e., not confined to the perimeter). There shall be a landscaped area with at least one (1) large shade tree within sixty feet (60') of every parking space. There shall be a minimum of one (1) large shade tree planted within the parking area for every ten (10) parking spaces for parking lot/tracts having more than twenty (20) spaces. Within parking lot/tracts, landscape areas should be located to define parking areas and to assist in clarifying appropriate circulation patterns. Landscape islands shall be located at the terminus of all parking rows and within bays of parking such that bays do not generally exceed fifteen (15) parking spaces in length, and all islands shall contain at least one (1) tree (large or ornamental). All landscape areas shall be protected by a monolithic concrete curb or wheel stops, and shall remain free of trash, litter, and car bumper overhangs.

(d)

Each lot/tract shall provide a minimum five foot (5') wide landscaped buffer strip around the sides and rear perimeters of the lot/tract, provided that each side or rear lot/tract line does not abut residentially zoned property, which requires a screening wall, per article VII, division 5 of this chapter. Within the five foot (5') perimeter buffer, shall be provided a four foot (4') tall screen comprised of hardy, evergreen shrubs, decorative walls with shrubs, or similar landscaping. If a side or rear lot/tract line abuts a residentially zoned property, and for nonresidential and institutional uses in residential zoning districts, then that portion(s) of the perimeter buffer strip shall observe the required screening per article VII, division 5 of this chapter, shall be a minimum of ten feet (10') in width, and shall be required to have one (1) large shade tree, in lieu of the four foot (4') high screen described above for every thirty linear feet (30') for overstory screening/buffering for the adjacent residences.

(e)

Only shrubs, groundcovers and small ornamental trees shall be used under existing or proposed overhead utility lines.

(f)

Vehicular driveways from the public right-of-way and sidewalks, in accordance with City regulations, shall be permitted through all required landscaping.

(a)

For all single-family and two-family developments, each residential lot/tract shall be required to have one (1) large shade tree for each fifty feet (50') of lot/tract width. Trees may be clustered or spaced linearly and need not be placed evenly at 50- foot intervals. The required trees shall be installed prior to issuance of a Certificate of Occupancy for the premises. (see Section 12.728 below).

(b)

The shade trees shall be a minimum of three inch (3") caliper measured forty-eight inches (48") above the ground. If the tree is located on a slope, measurement shall be from the highest side of the slope. The shade trees shall be selected from the current approved tree list contained in Chapter 9, Exhibit A, Section 11(K) of this Code.

(c)

Minimum height required.

(1)

Shade trees: seven feet (7').

(d)

Shade trees in single-family developments are not required to be maintained.

(a)

Rigid compliance with these landscaping requirements shall not be such as to cause visibility obstructions and/or blind corners at intersections (see Section 12.807 for visibility requirements at street intersections and corners).

(b)

Landscaping, except required grass and low ground cover, shall not be located closer than three feet (3') from the edge of any vehicular pavement in order to avoid visibility problems when plant materials mature.

(c)

In the event other visibility obstructions are apparent in the proposed landscape plan, as determined by the City Manager or his/her designee, the requirements set forth herein may be slightly reduced, if necessary, to remove the conflict.

(a)

The owner, tenant and/or their agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping. All required landscaping shall be maintained in a neat and orderly manner at all times. This shall include, but not be limited to, mowing, edging, pruning, fertilizing, watering, weeding, and other such activities common to the maintenance of landscaping. Landscaped areas shall be kept free of trash, litter, weeds, and other such material or plants not a part of the landscaping. All plant material shall be maintained in a healthy and growing condition as is appropriate for the season of the year. Plant materials which die shall be replaced with plant material of similar variety and size, within ninety (90) days. Trees with a trunk diameter in excess of six inches (6") measured four foot (4') above the ground may be replaced with ones of similar variety having a trunk diameter of no less than three inches (3") measured four foot (4') above the ground on a caliper-inch for caliper-inch basis (e.g., for a 6" tree, two 3" replacement trees shall be required). A time extension may be granted by the City Manager or his/her designee if substantial evidence is presented to indicate abnormal circumstances beyond the control of the owner or his/her agent.

(b)

It shall be the duty of any person or persons owning or occupying real property bordering on any street to prune trees next to the street in such manner that they will not obstruct or shade the street lights, obstruct the passage of pedestrians on sidewalks, obstruct vision of traffic signs, or obstruct the view from any street or alley intersection (see visibility requirements, article VII, division 5 of this chapter). The minimum clearance of any portion of a tree overhanging public street right-of-way shall be fourteen feet (14'), and overhanging a public sidewalk shall be eight feet (8').

(c)

Failure to maintain any landscape area in compliance with this Section is considered a violation of this Section and may be subject to penalties of Section 12.952.

(a)

In a residential district, an accessory building/use is a subordinate or incidental building, attached to or detached from the main building, not used for commercial purposes and not rented. Accessory buildings/use shall not be permitted without a main building or primary use being in existence. Accessory buildings shall be located in the rear portion of the property.

(b)

In nonresidential districts, an accessory building is a subordinate building, the use of which is secondary to and supportive of the main building. Accessory buildings shall not be permitted without a main building or primary use being in existence. Accessory buildings shall be located in the rear portion of the property.

(c)

Accessory dwelling units in AG zoning districts shall be allowed as an incidental residential use of a building on the same lot/tract as the main dwelling unit and used by the same person or persons of the immediate family, and shall meet the following standards:

(1)

The accessory dwelling unit must be constructed to the rear of the main dwelling, and separate from the main dwelling.

(2)

The accessory dwelling unit may be constructed only with the issuance of a building permit, and shall be constructed out of the same material as the main structure.

(3)

The accessory dwelling unit may not be sold separately from sale of the entire property, including the main dwelling unit, and shall not be sublet.

(4)

Setback requirements shall be the same as for the main structure.

(5)

Accessory dwellings are not permitted without the main or primary structure.

(6)

All accessory dwellings and accessory structures shall use the utilities from the main structure electrical service, water and sewer, and other utilities.

(d)

Accessory dwellings (including garage/accessory dwellings and detached units) may be permitted in other residential zoning districts (see regulations for the specific district, and the Use Charts, article VI of this chapter), and shall conform to the height limitations for accessory buildings in each zoning district. No such accessory dwelling or quarters shall be used or occupied as a place of abode or residence by anyone other than a bona fide caretaker, servant or farm worker actually and regularly employed by the land owner or occupant of the main building, or is a guest or family member of the owner/occupant. Only one (1) accessory dwelling unit (i.e., garage/accessory dwelling, servants/caretakers quarters, etc.) shall be allowed on any lot/tract within a residential zoning district, and they shall be clearly incidental to the primary use. These accessory living structures shall not, in any case, be leased or sold.

(Ord. No. 2012-113, § 10, adopted 5/8/2012)

(a)

Permit/fees required. All accessory uses/buildings require a building permit and payment of the fee as provided for in the fee schedule found in the appendix of this Code.

(1)

Front yard: detached accessory buildings shall be prohibited in front of the main building.

(2)

Setbacks from main structure, property lines, and easements:

(A)

Accessory structures shall be separated from the main building and side and rear property lines by a minimum of five feet (5'). No accessory structure/use shall be located within any easement.

(B)

Attached shade structures such as patio covers and/or shade arbors shall conform to the required setbacks as the main structure to which they are attached. Unattached shade structures such as pergolas and/or shade arbors shall be separated from side and rear property lines by a minimum of five feet (5').

(C)

Garages or carports located and arranged so as to be entered from an interior side yard shall have a minimum setback of twenty-four feet (24') from the side lot/tract line. Carports or garages arranged to be entered from the side yard, facing a public street, or from a rear or side alley shall have a minimum distance equal to the required yard for the main building or twenty-four feet (24'), whichever is greater.

(b)

Carports shall be measured from the posts supporting the roof nearest to the street or alley. (See Illustration 1.)

(c)

Accessory buildings shall not exceed the height allowed in the specific zoning district, except taller accessory buildings (including accessory dwellings) may be allowed in certain zoning districts (see Exhibit 3) by SUP if there is no adverse impact upon adjacent properties.

(d)

In all residential districts (including Agricultural), the total floor area of all accessory structures shall not exceed fifty percent (50%) of the square footage of the livable area of the residence on the premises, or five percent (5%) of the lot/tract area, whichever is larger.

(e)

There shall be no more than two (2) accessory buildings on any residential (or Agricultural) lot/tract.

(Ord. No. 2012-113, § 11, adopted 5/8/2012; Ord. No. 2017-117, § 2, adopted 5/16/2017; Ord. No. 2018-138, § 2, adopted 11/13/18)

(a)

Size of Yards:

(1)

Front Yard: Same as for main structure. Detached accessory buildings shall be prohibited in front of the main building.

(2)

Side and Rear Yards: Same as for main structure.

(b)

Carports shall be measured from the posts supporting the roof nearest to the street or alley. (See Illustration 1).

(c)

Accessory buildings are not permitted without a main structure.

(d)

Accessory buildings shall not exceed the height allowed in the specific zoning district, except taller accessory buildings may be allowed in certain zoning districts (see Appendix 3) by SUP if there is no adverse impact upon adjacent properties.

(e)

Metal portable accessory buildings less than one hundred twenty (120) square feet and no greater than eight and one-half feet (8½') in total ridge height are permitted, but only if a solid fence or wall of eight feet in height and built as the structure is built on the side/rear lot/tract line to screen the building from adjacent property and from the view of a public street. Such metal buildings shall not be used as an enclosed parking area or garage.

See division 6 of this article for exterior construction standards for accessory buildings.

(a)

Permit required. All swimming pools and hot tubs that are over twenty-four inches (24") in depth require a building permit and payment of a permit fee as provided for in the fee schedule found in the appendix of this Code.

(b)

Location. All swimming pools and hot tubs are prohibited in the front yard setbacks.

(c)

Side setback: No part of the pool's decking, water's edge or pool equipment shall be placed less than the side setbacks of the main building.

Rear setback: No part of the pool's decking, water's edge or pool equipment shall be placed less than ten feet (10') from the rear property line.

No part of the pool's decking, water's edge or equipment shall encroach into any easement. In the event that the pool's decking, water's edge or equipment is less than ten feet (10') from any side or rear property lines a licensed State of Texas professional engineer is required to design the grading plan. If such side and rear setbacks are not known, plans shall be designed by the required setbacks as set forth in the zoning district for which is established by the City of Roanoke Comprehensive Zoning Ordinance as adopted.

(d)

Main/permanent structure. There shall be a minimum setback of five feet (5') from a permanent structure, unless the pool plans are designed to provide sufficient support to prevent failure of the adjacent foundation and bear the original stamp and signature of a Texas Professional Engineer (except for portable pools or hot tubs/spas).

(e)

Barrier requirement. There shall be a fence that is four feet (4') minimum in height, access gate(s) shall be self-closing with a self-latching device and said gate(s) shall be locked when not in use.

(f)

Shade structures. Shade structures shall have no setback from water's edge of a swimming pool unless piers will be used. If piers are used the pier must be located a minimum of three feet (3') from the water's edge of the swimming pool. Setbacks from property lines and main building for such shade structures shall be as set forth in Section 12.751 of this Code.

(g)

Other requirements. Other requirements as adopted per the International Residential Code, and the International Property Maintenance Code.

(Ord. No. 2012-113, § 12, adopted 5/8/2012; Ord. No. 2016-116, § 2, 8/9/2016)

To encourage the most appropriate use of land and conserve and protect the privacy and value of adjacent permitted uses. Regulations are prescribed for the location and type of various screening devices to be used when required in the various zoning districts or in this Section in accordance with the following standards.

(a)

In the event that a multi-family or manufactured housing district (including Planned Developments - PDs) sides or backs upon a single-family or duplex residential district, or in the event that a non-residential district (including PDs) sides or backs upon any type of residential, a solid brick/masonry screening wall of not less than six feet (6'), nor more than eight feet (8'), in height shall be erected on the property line separating these districts. The purpose of the screening wall or fence is to provide a visual and protective barrier between the properties. For these required screening walls, and also for screening walls/fences along arterials, ornamental lighting and detailing that are placed on top of the masonry support columns may exceed the maximum eight-foot (8') height limit by up to twenty-four inches (24") provided that they are decorative in nature and are integrated into (and complementary to) the design of the screening wall, and provided that light fixtures do not illuminate adjacent property or cause a nuisance to adjoining neighbors. Grand entryway features into subdivisions from an arterial shall be located on private property, and shall be owned and maintained by a private entity. Such features shall not extend over public right-of-way, and shall be limited to a height of ten feet (10') above grade unless otherwise approved on the screening/landscaping plans by the City Council, upon recommendation by the Planning and Zoning Commission. All fences/walls, other than private wood fences on residential lot/tracts, which shall only require a fence permit from the City, and subdivision entryway features shall be properly engineered, and shall be approved by the City Engineer and by City Council.

(1)

The owner of the multi-family or manufactured/mobile home property shall be responsible for and shall build and maintain the required wall on the property line dividing the property from the single-family or duplex residential district.

(2)

When screening is required between nonresidential and residential uses, it shall be the responsibility of the nonresidential use to construct and maintain the screening wall.

(3)

Any screening wall or fence required under the provisions of this Section or under a Specific Use Permit, Planned Development district, or other requirement shall be constructed of masonry, reinforced concrete, or other similar suitable permanent materials which do not contain openings, except limited gates for pedestrian access, if approved, and which are finished on both sides with the same or similar materials and colors as the main building on the property that is responsible for the screening wall. All wall or fence openings shall be equipped with gates equal in height and screening characteristics to the wall or fence.

(4)

Alternative equivalent screening may be approved through the site plan approval process, article II, division 7 of this chapter (see the Subdivision Ordinance for suggested screening alternatives that may be used in lieu of a solid masonry wall).

(b)

In nonresidential, multi-family and manufactured housing districts, no fence or wall shall be erected in any front yard or side yard which is adjacent to a public street unless the fence/wall is required to screen the development from an adjacent residential area. In this case, the screening fence/wall shall be extended out to the street right-of-way line by the developer of the nonresidential, multi-family or manufactured/mobile home development, and the fence/wall shall be finished on both sides in a manner/color that is compatible to the exterior finish materials used on the main buildings, except for a manufactured housing park. Screening fences/walls shall be placed such that they do not impede visibility for vehicles entering or exiting the nonresidential, multi-family or manufactured/mobile home development (see article VII, division 5 of this chapter for sight visibility requirements).

(c)

All fences and walls require permits.

(d)

See Section 12.807(a) for sight visibility requirements for fences and screening walls.

(e)

Open storage of materials, commodities or equipment (see Appendix 3, Use Charts, for zoning districts permitting outside storage) shall be screened with a minimum six-foot (6') fence or wall, and shall not be visible from the street or from adjacent property. (See definition of outside storage in Section 12.6).

(f)

In districts permitting open storage, screening shall be required only for those areas used for open storage. A six-foot (6') screening fence or wall shall be provided and maintained at the property line adjacent to the area to be screened by one or a combination of the following methods:

(1)

Solid masonry (brick, concrete block or concrete panels).

(2)

Wrought iron with solid landscape screening.

(3)

Alternate equivalent screening may be approved through the site plan approval process under article II, division 7 of this chapter.

No outside storage may exceed the height of the fence. Outside storage exceeding eight feet (8') shall require a Specific Use Permit.

(g)

Refuse storage areas or dumpsters shall be shown on the site plan. Refuse storage areas which are not within a screened rear service area and which are visible from a public right-of-way for all nonresidential, multi-family and manufactured housing park uses shall be visually screened by a minimum six foot (6') solid masonry wall on at least three (3) sides. The fourth (4th) side, which is to be used for garbage pickup service, shall provide a solid gate to secure the refuse storage area, and shall be a minimum of twelve feet (12') wide to allow proper access for servicing of the refuse storage area or dumpster. Each additional dumpster add ten feet (10') to allow proper access for servicing of the refuse storage area or dumpster. Access shall not face upon adjacent properties or any sidewalks, public street, or alley. Screening of the dumpsters shall be of the same material as the primary structure which includes stone, brick, block, wood, or wrought iron with landscaping. All landscaping must be irrigated, maintained and replaced as necessary. Screening of the dumpsters shall also include landscaping materials for proper screening. Alternate equivalent screening methods may be approved through the site plan approval process, article II, division 7 of this chapter. Each refuse facility shall be located so as to facilitate pickup by refuse collection agencies. Adequate reinforced paved areas shall be provided for refuse facilities and their approaches for loading and unloading.

(h)

Plans and specifications for screening and/or fencing around ground-mounted utility structures shall be approved in writing by the affected utility company, and shall be submitted, along with an approval letter/document from the utility company, to the City Manager or his/her designee for review and approval prior to construction of said screening/fencing.

(Ord. No. 2012-104, § 5, adopted 2/14/2012)

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

(1)

Build shall mean construct, erect, or place or cause, suffer or allow another to construct, erect or place.

(2)

Fence shall mean any structure which exceeds eighteen (18) inches in height above the nearest grade and which encloses, partitions or divides any yard as defined in this chapter.

(3)

Residentially-zoned shall mean property zoned single-family, single-family attached, or any property zoned as a planned development district, where the base zoning within the PD district is one (1) of the foregoing.

(4)

Zoning ordinance shall mean city zoning ordinance, as set out in this chapter, as amended.

(b)

Height Limitation. No fence shall be built so as to exceed eight (8) feet in height on any residentially-zoned property nor shall a fence be built so as to exceed ten (10) feet on any nonresidential property.

(c)

Measurement of Fence Height. Fence height shall be measured from the grade adjacent to the fence from the applicant's side of the fence. If the fence is constructed on top of a retaining wall it shall be measured from the top of the retaining wall.

(d)

Placement of Posts and Rails. Posts and rails must be placed on the inside of the fence so that they are not facing a street. Where fences are adjacent to a Type A, B, C or D Thoroughfare, posts shall be composed of metal.

(e)

Permit Requirement. It shall be unlawful for any person to construct or repair a fence that is equal to or greater than twenty-five (25) percent of the total existing linear footage of a fence on any lot without having first obtained a fence permit from the Building Inspection Department. The fence permit fee shall be as provided for in the fee schedule found in the appendix of this Code. A person may not construct or repair less than twenty-five (25) percent of the total linear footage of a fence more than once in a consecutive six-month period. Adequate plans and specifications, as determined by the Building Official, must accompany each application for a permit.

(1)

Inspection and Maintenance. When any fence is completed, it must be inspected. The Building Inspection Department shall be notified upon completion of the fence. The Building Official (or his designee) will issue a card of acceptance if the fence complies with the provisions of this article, or it will be rejected. All fences constructed under the provisions of this article shall be maintained so as to comply with the requirements of this article at all times. Fences shall be maintained by the owner or person in charge of the property in as near as possible the condition of such fence when installed and accepted as provided herein, and shall be maintained as follows:

(A)

Such fence shall not be out of vertical alignment more than twenty (20) percent.

(B)

All damaged, removed or missing portions of such fence shall be replaced or repaired with comparable materials of a comparable color to the remaining portion of such fence.

(2)

Appeals.

(A)

An appeal from a decision of the Building Official under the terms of this article shall be made to the Board of Adjustment.

(B)

When in its judgment the public convenience and welfare will be substantially served and the appropriate use of the neighboring property will not be substantially injured, the Board of Adjustment may authorize special exceptions to the regulations provided in this article in order to permit reasonable development and improvement of property where the literal enforcement of the regulations would result in an unnecessary hardship.

(f)

Prohibited Materials.

(1)

No person shall build any fence composed, in whole or in part, of:

(A)

Barbed wire or razor wire;

(B)

Welded or woven wire such as chicken wire, hog wire, stockade panels and similar agricultural wires (including chain-link);

(C)

Used materials (as defined by the City);

(D)

An electric fence;

(E)

Galvanized sheet metal, corrugated metal, or corrugated fiberglass (excluding vinyl or fiberglass composite manufactured specifically as fencing materials); or

(F)

Materials not approved for exterior exposure.

(2)

The following are affirmative defenses to a violation of this section:

(A)

On a lot that has an area of one and one-half (1½) acre or more, provided that the fence is not otherwise prohibited by any other ordinance or law, a fence may be composed of barbed wire, welded wire or woven wire, or both and may include an electric fence if the electric fence charging device is approved by a nationally recognized testing laboratory.

(B)

In a residential zone, an electric fence may be located only within the side and rear yard, all electrified components must be located a minimum of six (6) inches inside another fence (which must be a minimum of thirty-six (36) inches in height), the electric fence charging device must be approved by a nationally recognized testing laboratory and the fence shall otherwise comply with all applicable laws and ordinances.

(C)

This section does not prohibit the use of corrugated metal material with a minimum twenty-six-gauge and one-inch corrugation when commercially designed and engineered as a fencing material as a component of a modular, prefabricated fence.

(D)

When mandated by state or federal statute.

(E)

When required for public safety for local governmental facilities.

(g)

Not Permitted on Public Property. No fence or any part of such fence shall be constructed upon or caused to protrude over public property. All fences must be maintained in a plane so as not to overhang public property.

(h)

Certain Locations, New Construction Prohibited.

(1)

Within Easements. No newly constructed fence shall be located within any easement except by prior written approval of all agencies having any interest in such easement. Fences within utility and maintenance easements must be constructed with metal posts and removable fence sections. All vertical bars must be a minimum of three (3) inches on center and must not exceed three and fifteen-sixteenths (3 15/16 ) inches on center. The maximum diameter of all vertical and horizontal bars shall be two (2) inches. The minimum clearance between the bottom of the fence and grade is two (2) inches.

(2)

Screening Walls. Where new subdivisions are platted so that the rear or side yards of single-family residential lots are adjacent to a public place including but not limited to, thoroughfares, arterial roads, drainage easements and public parks, a screening wall shall be provided meeting Section 12.771 of this Code. No wall or fence shall be attached to the screening wall.

(i)

Front Yard Fencing. No fence shall be built within the required front yard, as defined in the Zoning Ordinance, except for lots that have an area of one and one-half acres (1½) acres or greater. Front yard fencing shall be limited to four (4) feet in height and shall not be of solid construction, providing that at least fifty (50) percent of the fence be open.

(j)

Gates Required.

(1)

Any fence built so as to enclose an area shall provide a gate or other opening in the fence of at least three (3) feet in width and with a minimum headroom clearance of six (6) feet, eight (8) inches in height.

(2)

Gates for vehicular use must be a minimum of twenty-four (24) feet from the property line for all types of property other than residential.

(k)

Wind Load Requirement. Fences must be able to structurally support fencing materials for a seventy (70) MPH wind speed.

(l)

Fences Around Swimming Pools. Fences around swimming pools shall be in conformance with this subsection and with Chapter 6, Article 6.300 of this Code).

(m)

Sight Visibility. See Section 12.807(a) for sight visibility requirements for fences and screening walls.

(n)

Special Purpose Fencing. Special purpose fencing, such as fencing around tennis courts, dog runs, etc. is permitted. Special purpose fencing shall comply with the requirements as set forth in this section. Smooth, non-climbable two-inch by four-inch mesh on metal posts will be acceptable behind the building line. Any other materials require approval from the Building Official.

(o)

Pre-existing Nonconforming Fences. A fence that does not comply with the requirements of this article as of the effective date of this chapter, shall be allowed to remain on the property. In addition, the owner of property shall be allowed to repair or replace a pre-existing nonconforming fence with identical materials used in the construction of the pre-existing nonconforming fence, or shall use materials authorized by this Code. In no event, shall the owner of property be allowed to repair or replace a pre-existing nonconforming fence with different materials prohibited by this section.

(Ord. No. 2010-105, § 2, adopted 8/10/2010)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(1)

Masonry Construction. This term shall be construed to mean that form of construction composed of brick, stone, decorative concrete block or tile, or other similar building units or materials (or combination of these materials) laid up unit by unit and set in mortar, and shall exclude wall area devoted to doors and windows. As applicable to meeting the minimum requirements for the exterior construction of buildings within each zoning district, the term "masonry construction" shall include the following materials:

a.

Hard fired brick (kiln fired clay or slate material; severe weather grade; minimum thickness of three (3) inches when applied as a veneer; shall not include unfired or underfired clay, sand or shale brick; may include concrete brick if it conforms to the same ASTM standards, and to the above stated additional standards, as hard fired clay brick);

b.

Stone (includes naturally occurring granite, marble, limestone, slate, river rock, and other similar hard and durable all-weather stone that is customarily used in exterior building construction; may also include castor manufactured-stone product, provided that such product yields a highly textured, stone-like appearance, its coloration is integral to the masonry material and shall not be painted on, and it is demonstrated to be highly durable and maintenance-free; natural or man-made stone shall have a minimum thickness of three and five-eighths (3⅝) inches when applied as a veneer);

c.

Decorative concrete block (highly textured finish, such as split-face, indented, hammered, fluted, ribbed or similar architectural finish; coloration shall be integral to the masonry material and shall not be painted on; minimum thickness of three and five-eighths (3⅝) inches when applied as a veneer; shall not include lightweight or featherweight concrete block or cinder block units);

d.

Concrete pre-cast or tilt-wall panels (only allowed if a highly textured, architectural finish which is at least as textured in appearance and physically as face brick or stone; can be brick-like or stone-like in appearance; coloration shall be integral to the masonry material and shall not be painted on; shall not include smooth, untextured or inadequately textured finishes); and

e.

Glass blocks or tiles (of the type customarily used in exterior building construction; shall not comprise more than thirty percent (30%) of any exterior wall surface, nor more than twenty percent (20%) of the building's total exterior on all wall surfaces combined; shall not be highly reflective or mirror-like finish).

f.

Within SF-7 districts, excluding planned development districts, the zoning board of adjustment when in its judgment the public convenience and welfare will be substantially served and the appropriate use of the neighboring property will not be substantially injured, the zoning board of adjustment may authorize a special exception for the following materials used as an exterior finish, provided no more than seventy-five percent (75%) of the building facade may consist of this product and a minimum of twenty-five percent (25%) shall be of a contrasting masonry construction. The exterior finish materials are as follows:

1.

Stucco, exterior plaster, adobe or mortar wash surface material;

2.

Exterior insulation and finish system (EIFS), acrylic matrix, synthetic plaster, or other similar synthetic material;

3.

Cementitious fiber board siding (such as "HardyPlank," "HardyBoard," or similar products), excluding City-owned or leased waterpark facilities; or

4.

Any other material approved for exterior construction as listed in the City's current International Building Code.

(2)

See the definition of "masonry construction" in Section 12.6.

(Ord. No. 2011-105, § 2, adopted 4/26/2011; Ord. No. 2014-129, § 2, adopted 10/28/2014)

The standards and criteria contained within this subsection are deemed to be minimum standards and shall apply to all new building construction occurring within the City. (See Subsection (d) for exemptions.)

(a)

Single-family.

(1)

All new single-family residences located within SF-7 zoning districts shall be of exterior fire-resistant construction, and shall have at least one hundred percent (100%) of the total front exterior walls, excluding doors and windows, and seventy-five percent (75%) of the total side and rear exterior walls, excluding doors and windows, constructed of brick, stone, or other masonry material of equal characteristics in accordance with the City's Building Code and Fire Prevention Code.

(2)

All new single-family residences located within SF-11, SF-15, and SF-22 shall be of exterior fire-resistant construction, and shall have a minimum of eighty-five percent (85%) masonry construction for the entire residence.

(3)

Any exterior elevation of new single-family residences (regardless of location) that faces a public or private street shall be eighty percent (80%) masonry. No single elevation of the residence shall be comprised of less than seventy-five percent (75%) masonry construction. Areas of a residence elevations that are devoted to windows, doors, covered porches or stoops, chimneys, breezeways or courtyards shall not be counted as "wall surface" when calculating the masonry requirement provided that covered porches and stoops are at least four feet (4') deep and eight feet (8') wide (i.e., at least thirty-two (32) square feet in area) and breezeways are not over four feet (4') wide and eight feet (8') deep (i.e., no larger than thirty-two (32) square feet in area) and courtyards are no larger than five hundred (500) square feet.

(4)

Concrete, concrete block or metal exterior construction is not permitted on any single-family residential structure.

(5)

Roof materials for a single-family structure shall be comprised of architectural/dimensional composition shingle (30-year minimum), flat pan standing seam metal roofing (only with a factory baked-on muted color finish; no bright colors or natural-colored metal roofing allowed), or terra cotta or slate tile in muted colors. Minimum roof pitch shall be at least 8:12, unless otherwise stated in the applicable zoning district or PD ordinance, and except for "Santa Fe" (with a flat roof and highly articulated parapet that conceals the roof and any roof-mounted equipment), "Texas ranch house" (with low pitched roofs, large eaves/overhangs, rambling design), or other uniquely styled home.

(b)

Multi-family and single-family attached residential.

(1)

All multi-family and single-family attached residential dwelling units shall be of exterior fire-resistant construction, and shall have a minimum of eighty-five percent (85%) masonry construction for the entire structure.

(2)

Any exterior elevation of a multi-family or single-family attached building that faces, or is visible from, a public or private street shall be one hundred percent (100%) masonry. No single elevation of the residence shall be comprised of less than seventy-five percent (75%) masonry construction. Areas of a multi-family or single-family attached building elevation that are devoted to windows, doors, covered porches or stoops, chimneys, breezeways or courtyards shall not be counted as "wall surface" when calculating the masonry requirement provided that covered porches and stoops are at least four feet (4') deep and eight feet (8') wide (i.e., at least thirty-two (32) square feet in area) and breezeways are not over four feet (4') wide and eight feet (8') deep (i.e., no larger than thirty-two (32) square feet in area) and courtyards are no larger than five hundred (500) square feet.

(3)

Concrete, concrete block, or metal exterior construction is not permitted on any multi-family or single-family attached residential structure.

(4)

Roof materials for a multi-family or single-family attached structure shall be the same as for single-family detached or duplex residences (see Subsection (a) above).

(5)

All elevations of buildings that face a public street or a residentially zoned district shall have elevation offsets of at least five feet (5') for every fifty foot (50') length of flat wall, both horizontally and vertically.

(c)

Non-residential and institutional buildings.

(1)

All non-residential and institutional buildings shall have a minimum of eighty percent (80%) masonry construction.

(2)

Areas of an elevation that are devoted to windows, doors, covered porches or stoops or arcades/colonnades, breezeways or courtyards shall not be counted as "wall surface" when calculating the masonry requirement provided that covered porches, stoops, arcades/colonnades, breezeways and courtyards are at least four feet (4') deep and eight feet (8') wide (i.e., at least thirty-two (32) square feet in area).

(3)

Metal exterior construction is not allowed on any non-residential or institutional structure located within any zoning district, and is only allowed on such a structure within a Business Park (BP) zoning district on a building façade that does not face, and that is not visible, from an existing or planned public street. The use of any type of metal for exterior building construction (such as profiled panels, deep ribbed panels, or concealed fastener system panels.) shall be clearly shown on the site plan, and shall only be allowed with site plan approval. The exterior finish of metal used in exterior construction shall be of a permanent, maintenance-free nature such as a baked-on finish. The use of corrugated, galvanized, aluminum-coated, zinc-coated, unfinished, or similar metal surfaces shall be prohibited (unless approved on the site plan for a restaurant that uses such materials as part of its "signature design aesthetic," in which case a maximum of ten percent (10%) of any wall facade may be devoted to such materials if this is specifically approved on the site plan).

(4)

Any roof materials for a non-residential or institutional structure that are visible from a public street shall be comprised of architectural/dimensional, composition shingle (30-year minimum), flat pan standing seam metal roofing (only with a factory baked-on muted color finish; no bright colors or natural-colored metal roofing allowed), or terra cotta or slate tile in muted colors. Minimum roof pitch of a gabled or otherwise pitched roof shall be at least 8:12, unless otherwise stated in the applicable zoning district or PD ordinance, and except for flat-roofed structures that shall have a highly articulated parapet that conceals the roof and any roof-mounted equipment.

(5)

All facades of main buildings that face a public or private street or a residentially zoned district shall have elevation offsets of at least five feet (5') for every fifty-foot (50') length of flat wall, both horizontally and vertically.

(d)

Exemptions. The following structures are exempt from the masonry construction requirements outlined within this subsection:

(1)

Barns or other accessory building in the Agricultural (AG) zoning district, or located on property of five (5) acres or more in any zoning district, provided that such barns or accessory buildings are used solely for agricultural purposes (as distinguished from commercial purposes) or for residential use only;

(2)

Historic structures (with a local, State or national designation/registry as an historic structure);

(3)

Accessory building in a single-family, duplex or single-family attached zoning district that has equal to or less than one hundred twenty (120) square feet of floor area;

(4)

Accessory and maintenance buildings (any size) for a public golf course, a public or parochial school no larger than one hundred twenty (120) square feet, or any City facility;

(5)

Temporary construction buildings and field offices (provided that such facilities are legally permitted by the City for a specific period of time, and provided that they are completely removed from the premises upon expiration of the permit or upon completion of construction, whichever occurs first); Temporary sales offices shall be permitted with first model home, provided that sales office is completely removed from the premises upon expiration of the permit or upon completion of construction; and

(6)

Residential and non-residential structures legally in existence as of the effective date of this chapter, and any additions to such structures that do not exceed twenty percent (20%) of the original building size (as it existed on the effective date of this chapter). Such additions shall be allowed to be constructed of the same exterior materials as the original building.

(e)

Accessory buildings.

(1)

In the Agricultural ("AG") zoning district—See Subsection (d)(1) under "Exemptions" above.

(2)

In a single-family, duplex or single-family attached zoning district—Accessory buildings that have over five hundred (500) square feet of floor area shall conform to the minimum exterior construction standards for the main building on the lot/tract, tract or site, and shall be compatible in exterior finishes and colors as the main building.

(3)

In a multi-family or non-residential zoning district—Accessory buildings (any size) shall conform to the minimum exterior construction standards for the main building on the lot/tract, tract or site, and shall be architecturally compatible in design and constructed of the same exterior finishes and colors as the main building.

(f)

Alternative exterior materials.

(1)

All written requests for alternative exterior building materials shall be clearly noted and described in detail on a color elevation plan that is submitted along with the site plan (for multi-family, single-family attached and non-residential structures only). The City shall require submission of an actual sample(s) of the proposed exterior finish material(s) along with the elevations plan and the site plan.

(2)

The Planning and Zoning Commission may recommend, and the City Council may approve, an alternative exterior construction material(s) if it is determined to be equivalent or better than the exterior materials otherwise required by this Subsection and by the City's Building Code as part of the site plan approval process.

(3)

Consideration for exceptions to the above exterior construction requirements shall be based only upon the following:

a.

Architectural design, creativity and innovation;

b.

Compatibility with surrounding structures;

c.

Relative ease of maintenance of the material(s);

d.

Long-term durability and weather-resistance of the material(s); and

e.

Long-term stability in property value due to the high quality of the material(s).

(Ord. No. 2016-100, § 2, adopted 1/12/2016)

(a)

Measuring Setbacks. All setback measurements shall be made in accordance with Illustration 3.

(b)

Building Setbacks. All setbacks established on a recorded plat shall be enforced, even if they exceed the required setbacks in this chapter. Setbacks established on a recorded plat shall only be changed through replat proceedings (see Subdivision Ordinance).

(a)

On all corner lot/tracts, the front yard setback shall be observed along the frontage of both intersecting streets, unless approved specifically otherwise on a construction plat. Where single-family and duplex lot/tracts have double frontage, extending from one street to another, or are on a corner, a required front yard shall be provided on both streets unless a side or rear yard building line has been established along one frontage on the plat, in which event only one required front yard need be observed. The side and/or rear yards in the case of single-family and duplex uses shall be identified and the front of the structure shall not face the side or rear yard.

(b)

Where the frontage on one side of a street between two intersecting streets is divided by two or more zoning districts, the front yard shall comply with the requirements of the most restrictive district for the entire frontage.

(c)

The front yard shall be measured from the property line to the front face of the building, to the nearest supporting member of a covered porch or terrace, or to any attached accessory building. Eaves and roof extensions or a porch without posts or columns may project into the required front yard for a distance not to exceed four feet (4'), and subsurface structures, platforms or slabs may not project into the front yard to a height greater than thirty inches (30") above the average grade of the yard (see Illustration 3). Open porches extending into the front yard shall not be enclosed.

(d)

Minimum lot/tract widths for lot/tracts with predominate frontage on the curved radius of a street (e.g., cul-de-sac or "eyebrow" portion of a street) shall be measured as the linear distance of the curved front building line, and shall be shown on the subdivision plat (see Illustration 3). Lot/tract widths for all lot/tracts shall be as set forth in the respective zoning district for each lot/tract.

(e)

Gasoline service station pump islands (and their canopy structures) that parallel a public street may be located a minimum of eighteen feet (18') to the property line adjacent to a public street. For pump islands (and canopies) that are perpendicular or diagonal to a public street, the setback shall be thirty feet (30') in order to prevent vehicles stacking out into the street while waiting for a pump position. Pump islands and their canopies may extend beyond the front building line as described above, provided that all other requirements of this chapter are met, but shall not be closer than fifteen feet (15') to any property line that is not adjacent to a public street.

(f)

Where a future right-of-way line has been established for future widening or opening of a street or thoroughfare, upon which a lot/tract abuts, then the front, side, or rear yard shall be measured from the future right-of-way line.

(g)

If fifty percent (50%) or more improved with existing buildings, and if the front yard setback for these existing buildings is greater than the front yard required for that zoning district in this chapter, then no new building shall be constructed to project beyond the least front yard depth of the existing buildings without a variance from the Board of Adjustment.

(a)

On a corner lot/tract used for one or two-family dwellings, both street exposures shall be treated as front yards on all lot/tracts platted after February 19, 1985 (pursuant to the Subdivision Ordinance, Ordinance No. 85-102, as amended), except that where one street exposure is designated as a side yard for both adjacent lot/tracts or where the two lot/tracts are separated by an alley, street right-of-way, creek/flood plain area, or other similar phenomenon. In such case, the building line may be designated as a side yard of fifteen feet (15') or more (as determined by the applicable zoning district standards). On lot/tracts which were official lot/tracts of record prior to the effective date of this chapter, the minimum side yard adjacent to a side street shall comply with the minimum required side yard for the respective district.

(b)

Every part of a required side and rear yard shall be open and unobstructed except for the ordinary projections of window sills, belt courses, cornices, and other architectural features not to exceed twelve inches (12") into the required side or rear yard, and roof eaves projecting not to exceed forty-eight inches (48") into the required side or rear yard. Air conditioning compressors and similar equipment are permitted in the side or rear yard. Open porches extending into a side or rear yard shall not be enclosed. A canopy may project into a required side or rear yard provided that it is not enclosed, and provided that it is at least five feet (5') from the adjacent property line.

(c)

Where a future right-of-way line has been established for future widening or opening of a street or thoroughfare, upon which a lot/tract abuts, then the front, side, or rear yard shall be measured from the future right-of-way line.

(d)

Where retaining walls are installed/required, said retaining walls shall be constructed of stone, brick or other masonry materials. Wood products/materials are not approved for retaining wall development/construction.

In districts where the height of buildings is restricted to two (2) or more stories, cooling towers may extend for an additional height not to exceed fifty feet (50') above the average grade line of the building. Water stand pipes and tanks, church steeples, domes and spires, ornamental cupolas, City or School District buildings, and institutional buildings may be erected to exceed the height limit, as specified in the particular zoning district, provided that one (1) additional foot shall be added to the width and depth of front, side, and rear yards for each foot that such structures exceed the district height limit.

(a)

Applicability.

(1)

These regulations apply to all commercial and amateur antennae and support structures, unless exempted in Subsection (2) below.

(2)

Direct broadcast satellite reception, multi-channel multi-point distribution (as defined by the FCC), television reception antennae, and amateur radio antennae meeting the following requirements do not require a permit unless mounted on a pole or mast that is twenty feet (20') or more in height:

(A)

In a non-residential zoning district, antennae that are two meters or less in diameter;

(B)

In any zoning district, antennae designed to only receive television broadcasts;

(C)

In any zoning district, amateur radio antennae concealed behind or located upon or within attics, eaves, gutters or roofing components of the building; and

(D)

In any zoning district, amateur radio ground-mounted whips and wire antennae, unless mounted upon a pole or mast over twenty feet (20') in height.

(3)

Support structures or antennae legally installed before the effective date of this chapter are not required to comply with this chapter, but must comply with all applicable State, Federal and local requirements, building codes and safety standards.

(b)

Special Definitions. For the purpose of this Section, the following special definitions shall apply:

(1)

Antenna, Microwave Reflector & Antenna Support Structure means an antenna is the arrangement of wires or metal rods used in transmission, retransmission and/or reception of radio, television, electromagnetic or microwave signals (includes microwave reflectors/antennae). A microwave reflector is an apparatus constructed of solid, open mesh, bar configured, or perforated materials of any shape/configuration that is used to receive and/or transmit microwave signals from a terrestrial or orbitally located transmitter or transmitter relay. Microwave reflectors are also commonly referred to as satellite receive only earth stations (T.V.R.O.S.), or satellite dishes. An antenna support structure is any tower, mast, pole, tripod, box frame, or other structure utilized for the purpose of supporting one or more antennae or microwave reflectors.

(2)

Antenna (Non-Commercial/Amateur) means an antenna or antenna support structure used for the purpose of transmission, retransmission, and/or reception of radio, television, electromagnetic, or microwave signals for private or personal use and not for the purpose of operating a business and/or for financial gain. A satellite dish antenna not exceeding six feet (6') in diameter shall also be considered as a non-commercial antenna.

(3)

Antenna (Commercial) means an antenna or antenna support structure used for the purpose of transmission, retransmission, and/or reception of radio, television, electromagnetic, or microwave signals primarily for the purpose of operating a business and/or for financial gain (e.g., commercial broadcasting, cellular/wireless telecommunications, etc.). A satellite dish antenna that exceeds six feet (6') in diameter shall also be considered as a commercial antenna.

(4)

Collocation means the use of a single support structure and/or site by more than one communications provider.

(5)

Communications Operations (Non-Commercial/Amateur) means the transmission, retransmission and/or reception of radio, television, electromagnetic, or microwave signals for private or personal use, and not for the purpose of operating a business and/or for financial gain.

(6)

Communications Operations (Commercial) means the transmission, retransmission, and/or reception of radio, television, electromagnetic, or microwave signals primarily for the purpose of operating a business and/or for financial gain.

(7)

Height means the distance measured from the finished grade of the lot/tract/parcel to the highest point on the support structure or other structure, including the base pad and any antennae.

(8)

Radio, Television or Microwave Tower. See "Antenna, Microwave Reflector & Antenna Support Structure."

(9)

Telecommunications Tower or Structure. See "Antenna, Microwave Reflector & Antenna Support Structure."

(10)

Temporary/Mobile Antenna means an antenna and any associated support structure/equipment (including, but not limited to, a support pole, a vehicle, etc.) that is placed and/or used on a temporary basis only (i.e., not intended to be permanent), usually in conjunction with a special event, news coverage or emergency situation, or in case of equipment failure or temporary augmentation of permanent communications equipment.

(11)

Wireless Communication Tower or Structure. See "Antenna, Microwave Reflector & Antenna Support Structure."

(c)

General Requirements.

(1)

Antennae and support structures may be considered either principal or accessory uses.

(2)

Antenna installations shall comply with all other requirements of the Zoning Ordinance and the Code of Ordinances, unless otherwise specified herein or exempt under applicable state or federal law.

(3)

No commercial antenna support structure shall be closer to any residential district boundary line or residential dwelling than a distance equal to twice the height of the support structure, unless otherwise specified herein. Such setback/distance shall be measured as the shortest possible distance in a straight line from the structure to the closest point of a residential district boundary line or residential dwelling. Setbacks from residentially zoned property do not apply to antennae attached to utility structures that exceed fifty feet (50') in height, or to antennae placed wholly within or mounted upon a building.

(4)

No amateur or commercial antenna, antenna support structure, microwave reflector/antenna, or associated foundations or support wires or appurtenances shall be located within any required setback area for the front, side or rear yards.

(5)

All antennae and support structures must meet or exceed the current standards and regulations of the Federal Communications Commission ("FCC"), the Federal Aviation Administration ("FAA"), and/or all other applicable Federal, State and local authorities. If those standards change, then the owner/user of an antenna or support structure must bring the antenna/structure into compliance within six (6) months or as may otherwise be required by the applicable regulating authority.

(6)

A building permit is required to erect or install an antenna, antenna support structure and related structures/equipment, unless otherwise exempt from these regulations. All installations shall comply with applicable Federal, State and local building codes and the standards published by the Electronic Industries Association. Owners/users shall have thirty (30) days after receiving notice that an installation is in violation of applicable codes in order to bring it into full compliance.

(7)

Amateur or commercial antennae shall not create electromagnetic or other interference with the City of Roanoke's and the County's radio frequencies and public safety operations, as required by the FCC.

(8)

No antenna or support structure shall be located so as to create a visual obstruction within critical visibility areas or a traffic safety problem.

(9)

Safeguards shall be utilized to prevent unauthorized access to an antenna. Safeguards include certain devices identified/recommended by the manufacturer of the antenna or support structure, a fence, a climbing guard, warning/hazard signs or other commercially available safety devices. Climbing spikes or other similar climbing device, if utilized, shall be removed immediately following use.

(10)

Temporary antennae shall only be allowed in the following instances:

(A)

In conjunction with a festival, carnival, rodeo or other special event/activity;

(B)

In case of an emergency (e.g., severe weather, etc.) or a news coverage event;

(C)

When needed to restore service on a temporary basis after failure of an antenna installation. The City must be notified within 72 hours of the placement of a temporary antenna. If the temporary antenna is to be needed for more than seven (7) days, then the owner/user must apply for and acquire a permit for the temporary installation on or before the eighth (8th) day following initial placement of the antenna.

(11)

Collocation is greatly encouraged by the City.

(A)

All new support structures over fifty feet (50') in height shall be constructed to support antennae for at least two carriers, unless the structure is an alternative or stealth design, or the support structure is replacing an existing utility structure or light standard. Sufficient area for associated structures and equipment shall also be provided.

(B)

A support structure which is modified or reconstructed in order to accommodate collocation shall be of the same type, design and height as the existing structure, and it may be moved on the same property within fifty feet (50') of its original location provided that it is not moved any closer to residentially zoned property (if the structure was allowed by SUP, then its new location shall be within the physical/land boundaries of the SUP). The original (i.e., former) support structure shall be removed from the property within ninety (90) days following completion of the new structure.

(C)

Where an additional antenna is to be attached to an existing support structure that already has an antenna mounted upon it, the new antenna shall comply with and be compatible with the design of the existing antenna on the collocated structure.

(12)

Support buildings and equipment storage areas/buildings shall be screened from public view if mounted on a rooftop. When ground mounted, they shall meet all applicable front, side and rear yard setback requirements of the applicable base zoning district. They shall also be of a neutral color and shall use exterior finish colors and materials that are compatible with nearby structures. They shall be screened from public view by a dense, opaque evergreen landscaped screen with an initial planting height of three feet (3'), and which will attain an ultimate height of six feet (6') at maturity. A six-foot (6') solid masonry wall may be used in lieu of the landscaped screen provided exterior finish materials are compatible with nearby structures. The use of a wood fence for screening is prohibited, and wrought iron may only be used in conjunction with a landscaped screen as specified above.

(13)

Satellite dishes and other similar antennae shall be permitted on the roof of a building, as long as satellite dishes do not exceed one meter (39") in diameter and antennae do not extend over ten feet (10') above the roof of the building. A letter certifying the roof's/building's structural stability shall be written and sealed by a registered architect or engineer, and shall be submitted to the City Manager or his/her designee prior to any approval of a roof-mounted antenna. Roof-mounted antennae that comply with the provisions of these regulations do not require additional yard setbacks or setbacks from residential areas or dwellings.

(14)

Reserved.

(15)

All commercial signs, flags, lights and attachments other than those required for emergency identification, communications operations, structural stability, or as required for flight visibility by the FAA and/or FCC shall be prohibited on any antenna or antenna support structure. However, lights may remain or be placed upon light standards that are altered or replaced in order for them to serve as antenna support structures provided that said lights are not commercial (i.e., for-profit) in nature, and provided that said lights are placed/replaced as the same size, configuration, number of bulbs, degree of luminance, etc. as they previously existed prior to support structure modification/replacement.

(16)

Any publicly owned antennae or antenna support structures shall be permitted in any zoning district (e.g., public safety communications, etc.).

(17)

In all residential zoning districts, or adjacent thereto (including AG, SF-22, SF-15, SF-11, SF-7, SFA, MF-12 and MH), commercial antennae and antenna support structures are not allowed, except as specified within this Section.

(A)

A commercial antenna may be attached to a utility structure (e.g., electrical transmission/ distribution tower, elevated water storage tank, etc.) provided that the utility structure exceeds fifty feet (50') in height, and provided that the antenna does not extend more than ten feet (10') above the height of the utility structure (see Section 12.804(c)(3) above).

(B)

A commercial antenna may be placed wholly within any building permitted in the zoning district (see Section 12.804(c)(3) above). A commercial antenna may also be mounted flush to the exterior of a building/structure if it is painted and/or disguised to integrate into the overall architectural design and it is not readily visible/identifiable as an antenna from public roadways or from neighboring residential properties.

(18)

In nonresidential zoning districts (including O, R, LC, BP and HI), commercial antennae and antenna support structures are allowed as follows:

(A)

Commercial antenna support structures are allowed by right if they do not exceed the maximum building height allowed for the zoning district in which they are located. Structures in excess of the height allowed in the zoning district may be allowed by Specific Use Permit (SUP), up to a maximum of 175 feet, provided the structure conforms in all other aspects of the base zoning district's regulations, and provided that all applicable setback requirements are satisfied. In all nonresidential zoning districts, antenna support structures must meet all setback requirements, particularly from residential zoning districts.

(B)

A commercial antenna may be attached to a utility structure (e.g., electrical transmission/ distribution tower, elevated water storage tank, etc.) provided that the utility structure exceeds fifty feet (50') in height, and provided that the antenna does not extend more than ten feet (10') above the height of the utility structure (see Section 12.804(c)(3) above).

(C)

A commercial antenna may be placed wholly within any building permitted in the zoning district (see Section 12.804(c)(3) above). A commercial antenna may also be mounted flush to the exterior of a building/structure if it is painted and/or disguised to integrate into the overall architectural design, and it is not readily visible/identifiable as an antenna from public roadways or from neighboring residential properties.

Minimum dwelling unit areas specified in this chapter shall be computed exclusive of breezeways, garages, open or covered porches, carports and accessory buildings. The minimum dwelling unit area shall be defined as the habitable floor area of the dwelling.

Open storage of materials, commodities or equipment (where allowed in the specific zoning district) shall be located behind the front building line and observe all setback requirements for the main structure or building. This standard does not apply to outside display (see definition of outside display in Section 12.6; see screening requirements in article VII, division 5 of this chapter.

(a)

Visual clearance shall be provided in all zoning districts so that no fence, wall, architectural screen, earth mounding, landscaping or other feature obstructs the vision of a motor vehicle driver approaching any street, alley, or driveway intersection. Whenever an intersection of a street(s), alley, and/or driveway occurs, a triangular visibility area shall be created. Landscaping, fences, walls, earthen berms and other features within the triangular visibility area shall be designed so as to provide unobstructed cross-visibility at a level between twenty four inches (24") and eight feet (8') above the ground. The triangular areas are defined as follows:

(1)

Alley intersects a public street right-of-way. The areas on both sides of the intersection of an alley and a public street shall have a triangular visibility area with two (2) sides of each triangle being a minimum of ten feet (10') in length from the point of intersection, and the third side being a line connecting the ends of the other two (2) sides (see Illustration 7).

(2)

Minor street intersection (except a street intersecting onto an arterial, see below) or intersection of private driveway onto a public street. These areas shall have a triangular visibility area with two (2) sides of each triangle being a minimum of twenty-five feet (25') in length along the right-of-way lines (or along the driveway curb line and the street right-of-way line) from the point of the intersection, and the third side being a line connecting the ends of the other two (2) sides (see Illustration 7).

(3)

Major street intersection (the intersection of two arterials, Type "B" or above). These areas shall have a triangular visibility area with two (2) sides of each triangle being a minimum of fifty feet (50') in length along the right-of-way lines from the point of the intersection, and the third side being a line connecting the ends of the other two (2) sides (see Illustration 7).

(b)

Shrubs and plant materials that are typically less than twenty-four inches (24") in height at maturity may be located within sight visibility areas provided that they are kept maintained at a maximum height of twenty-four inches (24").

(c)

A limited number of single-trunked trees having a clear trunk (i.e., branching) height of at least eight feet (8') may be located within sight visibility areas provided that they are trimmed in such a manner that no limbs or foliage extend into the cross-visibility area defined above, and provided that they are spaced and positioned such that their trunks will not produce a visibility inhibiting, "picketfence" effect when they attain mature size.

(a)

Pad sites, which shall be defined as sites or lot/tracts that are no larger than one and one-half (1.5) acre in size, shall not occupy more than seventy-five percent (75%) of any street frontage of a development.

(b)

Buildings on pad sites may not block more than fifty percent (50%) of the view into a development.

(a)

All nonresidential lot/tracts, including pad sites, shall share driveway curb openings via mutual access easements from one lot/tract to adjacent lot/tracts, for fire and emergency access, as well as for public convenience.

(b)

All nonresidential and multi-family lot/tracts, including pad sites, shall have either direct or indirect, via mutual access/fire lane easements on adjacent property, access to a median opening if located on a median-divided roadway, whether existing or planned in the future. Driveways for all nonresidential and multi-family lot/tracts, including pad sites, shall align, to the greatest extent possible, with any existing or proposed driveways on the other side of any type of roadway.

Standards for controlling home occupations are set forth to minimize annoyance and inconvenience to neighboring property owners within residential areas. These standards are intended to allow reasonable and comfortable enjoyment of adjacent and nearby property by their owners and by occupants of neighboring residential dwellings, while providing opportunities for the pursuit of home-based businesses.

(a)

Home occupations shall be permitted as an accessory use in single- and two family residential zoning districts (i.e., AG, SF-22, SF-15, SF-11, SF-7, SFA and MH) provided that they comply with all restrictions herein;

(b)

The occupation shall produce no alteration or change in the character or exterior appearance of the principal building from that of a residential dwelling, and performance of the occupation activity shall not be visible from the street;

(c)

Such use shall be incidental and secondary to the use of the premises for residential purposes, and shall not utilize floor area exceeding twenty percent (20%) of the combined gross floor area of dwelling unit and any accessory building(s) that are used for the home occupation (in no case shall the combined floor area utilized for a home occupation exceed 500 square feet);

(d)

The occupation shall not employ more than one (1) person who is not a member of the household in which the home occupation occurs;

(e)

Not more than two (2) patron or business-related vehicles shall be present at one time, and the proprietor shall provide adequate off-street parking on the property where the use is located;

(f)

The operation of such an occupation shall be between the hours of 8:00 a.m. and 6:00 p.m. for outdoor activities, and between 8:00 a.m. and 10:00 p.m. for indoor activities;

(g)

One commercial vehicle, capacity of one ton or less, according to the manufacturer's classification, may be used or parked, behind the front building line, on the property in connection with the home occupation, but said vehicle may not be parked in the street or within the front yard setback;

(h)

The occupation activity shall not increase vehicular traffic flow beyond what normally occurs within a residential district, and shall not require regular and frequent deliveries by large delivery trucks or vehicles with a rated capacity in excess of one and one-half tons, according to the manufacturer's classification;

(i)

There shall be no outside storage, including trailers, or outside display related to the home occupation use;

(j)

No mechanical or electrical equipment shall be employed on the premises other than that which is customarily found in a home environment, and that which is customarily associated with a hobby or avocation which is conducted solely for pleasure and not for profit or financial gain;

(k)

The home occupation shall not generate noise, vibration, glare, fumes/odors, heat or electrical interference beyond what normally occurs within a residential district;

(l)

The occupation shall not require the use of chemicals on the property that are obnoxious or hazardous to the welfare of the neighborhood;

(m)

The home occupation shall not involve the use of advertising signs or window displays, or any other device that calls attention to the business use of the premises through audio and/or visual means;

(n)

The occupation shall not offer a ready inventory of any commodity for sale on the premises unless the commodity is made/assembled on-site (e.g., arts and crafts items, handmade clothing, etc.); and

(o)

The occupation shall not be harmful or detrimental to the health, welfare and safety of the neighborhood, nor shall it interfere with the comfortable enjoyment of life, property and recreation by residents of the area.

Home occupations shall also be subject to any and all other provisions of local, State and/or Federal regulations and laws that govern such uses.

Subject to the provisions of Section 12.831 above, home occupations may include the following uses:

(a)

Office facility of an accountant, architect, landscape architect, attorney, engineer, consultant, insurance agent, realtor, broker, or similar profession;

(b)

Author, artist or sculptor;

(c)

Dressmaker, seamstress or tailor;

(d)

Music/dance teacher, or similar types of instruction, provided that instruction shall be limited to no more than one pupil at a time;

(e)

Individual tutoring and home schooling;

(f)

Millinery;

(g)

Office facility of a minister, rabbi, priest or other clergyman;

(h)

Home crafts, such as rug weaving, model making, etc.;

(i)

Office facility of a salesman, sales or manufacturer's representative, etc., provided that no retail or wholesale transactions or provision of services are personally and physically made on the premises;

(j)

Repair shop for small electrical appliances, cameras, watches/clocks, and other small items, provided that the items can be carried by one person without using special equipment, and provided that the items are not equipped with an internal combustion engine;

(k)

Food preparation establishments such as cake making/decorating or catering, provided that there is no on-premises consumption by customers, and provided that all aspects of the business comply with all State and local health regulations;

(l)

Registered Family Homes (see definition in Section 12.6), in compliance with applicable State laws, which are incorporated herein by reference, with no more than six (6) children;

(m)

Barber shop/beauty salon or manicure studio, provided that not more than one customer is served at a time;

(n)

Swimming lessons and water safety instruction, provided that such instruction involves no more than six (6) pupils at any one time; and

(o)

Bed and Breakfast Facility (see definition in Section 12.6), provided that no more than five (5) guests are accommodated/served at a time.

Home occupations shall not, in any event, be deemed to include the following uses:

(a)

Animal hospitals or clinics, commercial stables, or kennels;

(b)

Schooling or instruction, except swimming/water safety classes and home schooling, with more than one pupil at a time;

(c)

Restaurants or on-premises food or beverage (including Private Clubs) consumption of any kind, except for limited food/meal consumption associated with the operation of a licensed registered family home or a bed and breakfast facility;

(d)

Automobile, boat or trailer paint or repair shop; small engine or motorcycle repair shop; welding shop; large household appliance repair shop; or other similar type of business;

(e)

Office facility for a doctor, dentist, veterinarian or other medical-related profession;

(f)

On-premises retail or wholesale sales of any kind, except for items that are produced entirely on the premises in conformance with this chapter, and except for occasional garage sales;

(g)

Commercial clothing laundering or cleaning;

(h)

Mortuaries or funeral homes;

(i)

Trailer, vehicle, tool or equipment rentals, sales or leasing;

(j)

Repair shops or services, except as specifically provided in Section 12.833 above;

(k)

Drapery or furniture upholstery shops;

(l)

Antique, gift or specialty shops;

(m)

Repair shops for any items having internal combustion engines; and

(n)

Any use that would be defined by the Building Code as an Assembly, Factory/Industrial, Hazardous, Institutional or Mercantile occupancy.

Any use that is not either expressly allowed nor expressly prohibited by Sections 12.833 and 12.834, respectively, is considered prohibited, unless and until such use is classified by amendment to this chapter by the Roanoke City Council, subsequent to an affirmative recommendation by the Planning and Zoning Commission.

(a)

Any home occupation that was legally in existence as of the effective date of this chapter and that is not in full conformity with the provisions herein shall be deemed a legal nonconforming use, and is subject to the provisions of article II, division 2 of this chapter provided that the owner/proprietor of such home occupation registers his/her business with the City within ninety (90) days of the effective date of this chapter, and provided that the home occupation use was not in violation of any other local, State or Federal law or regulation on that date. Proof of the existence of such home occupation use prior to the effective date of this chapter shall be required upon registration.

(b)

Any home occupation that was legally in existence as of the effective date of this chapter and that conforms with the provisions herein shall be hereby authorized to continue, provided that the home occupation use is registered with the City as described in Subsection (a) above.

Signs shall be permitted by right in each district in conjunction with any permitted principal use or authorized special exception according to the standards set forth below:

(a)

Location. All signs shall be placed within the Buildable Area of a lot except that Directional Signs, Facility Identification Signs and Subdivision Identification Signs may be placed in any yard, but not closer than ten feet (10') to any street line, exclusive of temporary real estate signs.

(b)

Height. Sign height shall be measured from ground level at the base of or below the sign to the highest element of the sign.

(c)

Sign Area Measurement. The allowable sign area shall be the combined area of exposure of all sign message faces.

(a)

Generally. Signs utilized for the purpose of benefiting a for-profit enterprise, person or activity and/or advertising the sale of a product, good or service, or other similar venture with an economic purpose. Such signs may include but are not limited to real estate signs, weekend real estate directional signs, special event signs, and personal or incidental use signs such as garage sale signs and work in progress signs. All temporary commercial signs shall be subject to the following:

(1)

Such signs may not be placed so as to impair the corner visibility of intersections of streets, driveways and alleys;

(2)

Such signs shall not be placed within the public right-of-way;

(3)

Such signs shall not be placed on public property including but not limited to parks, public facilities and public open spaces;

(4)

The sign area shall not exceed six (6) square feet;

(5)

The height of such signs shall not exceed three feet (3');

(6)

All such signs must be placed on private property only;

(7)

Only one (1) sign for every fifty feet (50') of lineal frontage of private property shall be permitted; and

(8)

Such signs shall not be affixed to utility poles or official signs.

(b)

Specific Signs. Specific temporary commercial signs shall be subject to the following:

(1)

For sale (residential structures on small tracts). Real estate signs advertising the sale, lease or rent of individual housing units on less than two acres shall be limited to two signs, as follows:

(A)

One such sign shall be allowed pursuant to subsection (2) of this section.

(B)

One such sign may placed on-premises any day of the week.

(2)

Weekend real estate directional signs. Any temporary weekend directional sign placed for off-premises advertising or direction of traffic or to call attention to a real estate project, development or subdivision shall be limited to off-premises directional signs and model home signs. Weekend real estate directional signs shall be permitted on a temporary basis provided that:

(A)

Weekend real estate directional signs may be displayed between the hours of noon Friday and 8:00 PM on Sunday. On weekends when Friday of such weekend is a legal holiday, signs may be displayed between the hours of noon Thursday and 8:00 PM on Sunday. On weekends when the next following Monday is a legal holiday, signs may be displayed between the hours of noon Friday and 8:00 PM on Monday. However, no person may erect signs between the hours of 4:00 p.m. and 6:00 p.m.

(B)

Weekend real estate directional signs may display only the name and/or logo of the builder, developer or real estate company and may include a directional graphic such as an arrow.

(C)

Weekend real estate directional signs shall not advertise any site or builder located outside the city limits.

(c)

Signs erected or displayed contrary to the provisions of this division may be removed by agents and employees of the City, and either stored or destroyed, without liability to the City or its agents or employees. The owner of any sign confiscated by the City may claim the sign, if it remains in the custody of the City, upon the payment to the City of an administrative fee of five dollars ($5) per sign. The payment of the administrative fee does not work as a defense of any sort to a prosecution under this Section.

(a)

Symbols. Symbols which are designed as an integral part of the building structure, and symbols and signs which are not visible or readable from the public street shall not be limited by the sign regulations of the zoning district.

(b)

Traffic Control Conflicts. No sign or lighting permitted under these regulations shall be erected, placed or allowed to remain whereby such sign creates confusion, impairs hearing or vision, or otherwise distracts the automotive driver using any public street. Specifically prohibited are:

(1)

High intensity bare bulb lighting or any lighting which creates a glare or any sign so placed as to make traffic signs or signals unreadable at the normal viewing range by a driver on the public street;

(2)

Signs duplicating colors of traffic signs or signals which distract or cause confusion in reading such traffic signs or signals at the normal viewing range; and

(3)

Signs or equipment which produce noises simulating sirens, bells, or whistles which may be confused with the warning devices of emergency vehicles traveling the public streets.

(c)

Residential Area Nuisance. No sign or lighting permitted under these regulations shall be authorized whereby such sign or lighting by reason of placement, lack of shielding, noise generation or character of operation would be adverse to the normal sensibilities of a person residing on adjacent property or would interfere with the reasonable use, enjoyment or right of privacy on his their property. Specifically:

(1)

The source of lighting shall not be directly visible from the adjacent residential property and light shall be shielded to prevent such exposure;

(2)

The noise level of signs and lighting fixtures, when measured within the adjacent dwelling unit, shall not be greater than the noise levels of equipment customarily in operation in the home including air conditioning and kitchen refrigerators, and;

(3)

Flashing signs and intermittent light of signs or areas shall not be permitted where they are locate within two hundred feet (200') of and/or are directly visible from residential property.

A sign permanently placed upon, or supported by the ground independent of the principal building or structure on the property. The height of the sign, including the base shall be measured from ground level. A monument sign shall be solid from the ground up: pole(s) or support(s) shall be concealed. A monument sign may be located on a two foot (2') high berm or masonry planter box. All monument signs must conform to the following regulations:

(a)

Sign support shall be masonry or structural steel tubing.

(b)

Sign face shall be non-decaying wood, or flat, clear acrylic sheet with all copy and background sprayed on second surface with acrylic colors.

(c)

Maximum surface area: Fifty (50) square feet per side.

(d)

Maximum sign height: Ten feet (10').

(e)

Changeable copy: Thirty percent (30%). The percentage of changeable copy may be increased provided a specific use permit is issued.

(Ord. No. 2009-113, § 2, adopted 8/11/09)

Attached signs are permitted in business districts in accordance with the provisions of this division.

(a)

All attached signs must be on-premise signs. All businesses shall be permitted to have one (1) attached sign per public street frontage.

(b)

Maximum Effective Area. Total effective area of attached signs shall not exceed the following: an attached sign or signs shall not exceed or cover more than fifteen percent (15%) of the façade area of a building face or area of the front of the leasable building space.

(c)

Projected from Building Surface. All attached signs and their words shall be mounted parallel to the building surface to which they are attached, and shall project no more than eighteen inches (18") from the surface except as follows:

(a)

Portable signs.

(1)

Portable signs are defined as a sign whose principal supporting structure is intended by design, use or construction, to be used by resting upon the ground for support and which may be easily moved or relocated for reuse. Portable signs shall not include signs mounted upon parked motor vehicles, or trailers which are used to serve as advertisement for a use, product, or service.

(2)

Portable signs shall not be permitted on any residentially zoned property. Portable signs may only be placed on a lot or parcel of land upon which a new business is located, and only for a period of thirty (30) days from the date of issuance of a certificate of occupancy for such business after payment of the fee provided in subsection (c) below. Upon the expiration of such thirty (30) day period, and after payment of an additional fee, a portable sign may be placed or remain in place upon such parcel for an additional thirty (30) days if the sign has not, in the opinion of the building official or the chief law enforcement, constituted a traffic or safety hazard in the prior thirty (30) day period. No portable signs shall be permitted to be placed on a lot or parcel of land for a period in excess of sixty (60) days.

(3)

Portable signs may not contain any flashing lights or any other device which could, in the opinion of the building official or that of the chief law enforcement officer, district operators of vehicles in the immediate vicinity, and may not be placed within seventy-five feet (75') of any intersection or one hundred feet (100') of an intersection of a U.S. of State highway, and may not be placed within ten feet (10') of any road right-of-way.

(4)

All physical damage to any paved parking lot, street, right-of-way, land or appurtenances shall be repaired within forty-eight (48) hours of such damage.

(5)

Feather flag signs shall not be permitted on any residentially zoned property. Feather flag signs may be placed on a lot or parcel of land upon which a business is located, and only for a period of thirty (30) days in any ninety (90) day period. Feather flag signs shall be limited to four (4) signs and located at least twenty-five feet (25') from any other feather flag sign along any frontage. The fee for a feather flag sign is the fee provided in subsection (c) below.

(6)

One (1) sandwich board sign is permitted for each place of business up to ten (10) square feet in area. No permit or fee is required for a sandwich board sign located at the entrance of any business.

(b)

Banner signs.

(1)

Banner signs are defined as a temporary sign made of cloth, canvas or other light fabric. The maximum allowable size of a banner is thirty-two (32) square feet.

(2)

All banners must be attached to the wall surface if attached to a structure. Banners not attached to a structure may be attached on both ends to a minimum of a one and one-half inch (1½") diameter steel "T" post or to a minimum of four-inch by four-inch (4" x 4") diameter wooden post. All post and banners must be removed on the day of the expiration of the permit.

(3)

Banner signs shall not be permitted on any residentially zoned property. Banner signs may only be placed on a lot or parcel of land upon which a business is located, and only for a period of thirty (30) days in any ninety (90) day period. The fee for a banner sign is the fee provided in subsection (c) below.

(c)

Upon payment of a twenty-five dollar ($25.00) fee, the building official shall issue a permit containing the date of issuance thereof and the name of the owner of the sign and any person leasing or renting the sign and the name of the business to which the advertising or message pertains. The building official shall not issue the permit, or may revoke any permit, if in his opinion or that of the chief law enforcement officer, the placement thereof would constitute a traffic or safety hazard.

(Ord. No. 2009-109, § 2, adopted 6/23/09; Ord. No. 2012-104, § 6, adopted 2/14/2012; Ord. No. 2021-115, § 2, adopted 8/10/2021)

Editor's note— Ord. No. 2012-104, § 7, adopted Feb. 14, 2012, repealed § 12.857, which pertained to roof signs and derived from Ord. No. 2009-101, § 2(Exh. A), adopted Feb. 10, 2009.

Nothing in this division shall be construed to prevent the display of a national flag or state flag, or to limit flags, insignia, legal notices, or informational, directional, or traffic signs which are legally required or necessary to the essential functions of government agencies (State, Federal, and the City of Roanoke). Flags are permitted in all districts except that each flag shall not exceed sixty (60) square feet in effective area or thirty feet (30') in height.

Political signs regarding an issue or candidate in an election may be erected on private property without limit as to number; provided, that such signs comply with other applicable requirements of this division, and provided further, political signs must comply with state law and are prohibited from the following:

(a)

Having a surface area greater than thirty-six (36) square feet;

(b)

Being more than eight feet (8') in height;

(c)

Being illuminated; or

(d)

Having moving elements.

Political signs must comply with all laws and regulations regulating the placement, location, and site visibility which relates to all signage.

Signs are recognized as a significant and specific use of land for the purpose of protection of places and areas of historical and cultural importance; to increase safety and lessen congestion in the streets; to conserve the value of buildings; to preserve residential values; and to encourage the most appropriate use of land, standards are herein provided for the installation of signs. No sign shall be erected, placed, or located except in accordance with the following standards.

(a)

Sign Permits. No sign, except for signs listed shall be painted, constructed, erected, remodeled, relocated, or expanded until a building permit for such sign has been obtained in accordance with the procedure set out in this division. No building permit for any sign shall be issued unless the sign complies with the regulations of this Section. It shall be unlawful for the owner of any property, or any other person, firm, or entity to place, allow to be placed, maintain or allow to be maintained, portable commercial billboards or on-site business signs in the City. Any portable sign for which a current and valid permit has been issued shall be allowed until the expiration of the permit. No signs shall be permitted except as specified in this Section.

(b)

Building and Electrical Codes Applicable. All signs must conform to the regulations and design standards of the Building Code and other Ordinances of the City of Roanoke.

(c)

Corner and Through Lots. On corner and through lots, each lot line that abuts a street or highway shall be considered a separate street frontage. On corner and through lots, restrictions that are phrased in terms of "signs per zoning lot" shall be deemed to permit the allowable number of signs facing each street or highway that abuts the lot.

(a)

Shopping Centers with multiple tenants located on a premises of one (1) acre or more in size are permitted to erect a maximum of four (4) monument signs with the following stipulations:

(1)

Four (4) monument signs with the following stipulations:

Maximum size: Fifty (50) square feet per side

Maximum height: 10 feet

Setbacks 10 feet from street right-of-way and from property lines other than those property lines fronting the street line right-of-way

100 feet from other signs on the property

(b)

Shopping Centers with multiple tenants located on premises of less than one (1) acre in size are permitted to erect a maximum of two (2) monument signs with the following stipulations:

(1)

Two (2) monument signs with the following stipulations:

Maximum size: Fifty (50) square feet per side

Maximum height: 10 feet

Setbacks 10 feet from street right-of-way and from property lines other than those property lines fronting the street line right-of-way

100 feet from other signs on the property

(c)

A business located on individually platted land including individual pad sites within a shopping center are permitted to erect one (1) monument sign with the following stipulations:

(1)

One (1) monument sign with the following stipulations:

Maximum size: Fifty (50) square feet per side

Maximum height: 10 feet

Setbacks 10 feet from street right-of-way and from property lines other than those property lines fronting the street line right-of-way

100 feet from other signs on the property

(d)

Gasoline service stations may mount price per gallon signs on signs. Signs that contain the price per gallon of gasoline sold by that business are permitted to erect one (1) monument sign with the following stipulations:

(1)

One (1) monument sign with the following stipulations:

Maximum size: Fifty (50) square feet per side

Maximum height: 10 feet

Setbacks 10 feet from street right-of-way and from property lines other than those property lines fronting the street line right-of-way

100 feet from other signs on the property

(e)

Churches, model homes, apartments, townhomes, schools, or government facilities and buildings may have signs subject to the following restrictions:

(1)

Number of signs: Each premises may have no more than one (1) detached monument sign, provided however, that a premises with more than seven hundred fifty feet (750') of frontage along a public way, other than an alley, may have more than one (1) additional detached monument sign for each five hundred feet (500') of additional frontage.

(2)

Dimension requirements:

Maximum size: Fifty (50) square feet per side

Maximum height: 10 feet

Setbacks 10 feet from street right-of-way and from property lines other than those property lines fronting the street line right-of-way

500 feet from other signs on the property

(Ord. No. 2009-113, § 3, adopted 8/11/09)

The following types of signs shall be prohibited in all zoning districts:

(1)

Commercial billboards.

(2)

Signs on trees or utility poles. No sign shall be attached to a tree, utility pole, or fence post whether on public or private property.

(3)

Roof signs.

(4)

Balloon or inflatable device. Any sign or form of advertisement in the form of or attached to a balloon or other inflatable, inflated or floating device shall be prohibited.

(Ord. No. 2012-104, § 8, adopted 2/14/2012)

The provision of this division are extended to the extraterritorial jurisdiction of the City.

Every sign lawfully in existence on the date of passage of this chapter may have minor repairs and maintenance done without applying for a permit hereunder, but no such sign or sign facing shall be altered from it original shape, message, layout or design. A damaged nonconforming sign cannot be repaired, maintained or replaced if the repairs, maintenance, or replacement costs exceed fifty-one percent (51%) of the cost of installing a new sign of the same type in the same location and shall be removed. A nonconforming sign cannot be moved from its original location unless a permit is issued pursuant to the provisions of this Section. Temporary permits granted prior to the passage of the Ordinance shall be renewed only if the applicant complies with all provisions of this Section.

Any sign which the building official or his/her designee determines no longer serves a bona fide use conforming to this Section, shall be removed by the owner, agent or person having the beneficial use of the land, buildings or structure upon which such sign is located within ten (10) days after written notification to do so from the building official or his/her designee.

If the building official or his/her designee shall determine that any sign exists in a dilapidated or deteriorated condition, or is a menace to the public, he shall give written notice to the person or persons responsible for such sign. The permit holder, owner, agent or person having the beneficial use of the premises shall remove or repair the sign within ten (10) days after such notice. The building official may cause any sign which is an immediate peril to persons or property to be removed summarily and without notice. A dilapidated or deteriorated sign shall mean any sign:

(a)

Where elements of the surface or background can be seen as viewed from the normal viewing distance (intended viewing distance), to have portions of the finished material missing, or otherwise not in harmony with the rest of the surface;

(b)

Where the structural support or frame members are visibly bent, broken, dented or torn;

(c)

Where the panel is visibly cracked or in the case of wood and similar products, splintered in such a way as to constitute an unsightly or harmful condition;

(d)

Where the sign or its elements are twisted or leaning or at angles other than those at which it was originally erected (such as may result from being blown or the failure of structural support);

(e)

Where the message or wording can no longer be clearly read by a person with normal eyesight under normal viewing conditions; or

(f)

Where the sign or its elements are not in compliance with the requirements of the National Electrical Code and/or the Uniform Building Code currently adopted by the city.

(a)

The term "Changeable electronic variable message sign" as used in this section shall mean a sign which permits light to be turned on or off intermittently or which is operated in a way whereby light is turned on or off intermittently, including any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use, including a light emitting diode ("LED") or digital sign, and which varies in intensity or color. A term "changeable electronic variable message sign" does not include a sign located within the right-of-way that functions as a traffic control device and that is described and identified in the Manual on Uniform Traffic Control Devices approved by the Federal Highway Administrator as the National Standard.

(b)

The term "off-premise sign" as used in this division shall mean any sign commonly known as a billboard that advertises a business, person, activity, goods, products or services not located on the premises where the sign is installed and maintained, or that directs persons to a location other than the premises where the sign is installed and maintained.

(c)

No permit shall be issued for the erection of a new off-premise changeable electronic variable message sign within the City limits or extraterritorial jurisdiction of the City.

(d)

No permit shall be issued for the conversion of an off-premise sign to an off-premise changeable electronic variable message sign within the City limits or extraterritorial jurisdiction of the City.

(e)

No changeable electronic variable message signs shall be allowed within the City limits and extraterritorial jurisdiction of the City.

(a)

Site plan approval by the Planning and Zoning Commission and City Council shall be required for all day care center sites, whether or not an SUP is required.

(b)

Day care centers are a permitted use by right if operated by an organized church and within the building complex of said church. However, operation of day care facilities requires site plan approval and issuance of a Certificate of Occupancy for day care.

(c)

Day care centers located within any residential district, except MF-12, shall be required to plat in multiples of the minimum lot/tract size (width and depth) of the district requirements, such that the site could reasonably be later subdivided into conforming residential lot/tracts.

(d)

Day care centers are permitted in non-residential districts only when:

(1)

The day care center is platted on an individual lot/tract; or

(2)

The day care center is in a multi-occupant building with direct access to the exterior of the building. Direct access must be provided to the outdoor play space, and the outdoor play space must be immediately adjacent and not separated from the day care center; or

(3)

The day care center is located in an office structure or similar single-user structure with no direct access to the exterior of the building other than doorways connecting to outdoor play space, as per building code requirements; or

(4)

The day care center is an accessory use which provides a service to employees, customers or patrons of the principal use. A two-square-foot identification sign may be provided; or

(5)

The day care center is in an accessory building located on the same lot/tract as the main building and provides a service to employees, customers or patrons of the main building. A two-square-foot identification sign may be provided.

(e)

All day care centers shall comply with the following standards:

(1)

All passenger drop-off areas and outdoor play space shall be located so as to avoid conflict with vehicular traffic. Adequate walkways shall be provided.

(2)

Outdoor play space shall be provided at a rate of sixty-five (65) square feet per child, based upon the maximum design capacity. The required outdoor play space shall have no dimension of less than thirty feet (30'). This requirement may be waived by the Planning & Zoning Commission and/or City Council if the day care is provided for less than four (4) hours per day for each child.

(3)

No day care center shall be part of a one- or two-family dwelling.

(4)

A day care center shall abut and derive its primary access from a street with a pavement width of thirty-six feet (36') or greater, and shall have direct access to a median opening on a median-divided roadway (existing or planned).

(5)

No portion of a day care center site shall be located within three hundred feet (300') of gasoline pumps or underground fuel storage tanks, or any other storage area/facility for explosive materials.

(6)

All other aspects of a day care center site shall conform to regulations and/or guidelines established by the Texas Department of Human Resources and/or the Texas Department of Protective and Regulatory Services.

The following regulations shall apply to hotels:

(a)

Limited service hotels shall include the following amenities:

(1)

A minimum of seven hundred (700) square feet of meeting room space;

(2)

Limited food and beverage service, including breakfast buffet service;

(3)

Guest room access from an interior hallway;

(4)

Minimum of four hundred (400) square feet of pool surface area;

(5)

Attached covered drive-through area adjacent to the hotel lobby or reception area;

(6)

Parking at a ratio of one (1) space per guest room; and

(7)

Containing four (4) floors of rooms or less.

(b)

Full service hotels shall include the following amenities:

(1)

A minimum of one hundred (100) guest rooms and/or suites;

(2)

A minimum of four thousand (4,000) square feet of meeting room space;

(3)

A minimum of one (1) restaurant which provides three (3) meals per day with on-site preparation and service provided by wait staff, hostesses, etc. and seating for a minimum of thirty (30) customers;

(4)

Guest room access from an interior hallway;

(5)

Minimum of eight hundred (800) square feet of pool surface area;

(6)

Attached covered drive-through area adjacent to the hotel lobby or reception area;

(7)

Parking at a ratio of one and one-fourth (1.25) spaces per guest room; and

(8)

Containing four (4) floors of rooms or more.

(Ord. No. 2020-100, § 5, 1/14/2020; Ord. No. 2022-100, § 2, 1/11/2022

Standards for controlling lighting and glare are set forth to reduce the annoyance and inconvenience to property owners and traffic hazards to motorists. These standards are intended to allow reasonable enjoyment of adjacent and nearby property by their owners and occupants while requiring adequate levels of lighting of parking areas.

(a)

Any use shall be operated so as not to produce obnoxious and intense glare or direct illumination across the bounding property line from a visible source of illumination of such intensity as to create a nuisance or detract from the use or enjoyment of adjacent property. All outside lights shall be made up of a light source and reflector so selected that acting together, the light beam is controlled and not directed across any bounding property line above a height of three feet (3'). The allowable maximum intensity measured at the property line of a residential use in a residential district shall be 0.25 foot candles. Light poles shall be placed on the site a setback equal to its height from all adjacent residential property.

(b)

All off-street parking areas for non-residential uses in non-residential districts which are used after dark shall be illuminated beginning one-half (1/2) hour after sunset and continuing throughout the hours of business operation. If only a portion of a parking area is offered for use after dark, only that part is required to be illuminated in accordance with these standards. However, the portion offered for use shall be clearly designated. Lighting within the parking areas shall meet the following minimum requirements:

(1)

Intensity.

(A)

Minimum at any point on the parking area surface to be at least 0.6 foot candles initial, and at least 0.3 foot candles maintained or one-third (1/3) of the average, whichever is greater.

(B)

Illumination shall not exceed an average of one (1) foot candle at ground level and shall distribute not more than 0.25 foot candles of light upon any adjacent residentially zoned area.

(2)

Height.

(A)

The maximum height of light poles shall conform with the maximum height allowed for the main building in each zoning district.

(B)

Special lighting or lighting higher than the height allowed in the applicable zoning district may be approved by City Council as specifically noted on the site plan.

(a)

Residential lighting for security and night recreation use is permitted in all residential districts provided the following requirements are met:

(1)

Direct lighting over ten feet (10') in height is shielded from adjacent property.

(2)

No light source shall exceed twenty feet (20') in height. Street lights and other traffic safety lighting are exempt from this standard.

(3)

Lighting shall not directly shine on adjacent dwellings.

Light sources shall be of a down-light type, indirect, diffused, or shielded type luminaires installed and maintained so as to reduce glare effect (i.e., minimum seventy degree (70°) cutoff when measured from horizontal) and consequent interference with use of adjacent properties and boundary streets. Bare bulbs above seventy-five (75) watts and strings of lamps are prohibited, except for temporary lighting as provided in Section 12.949 below.

Bare bulbs or strings of lamps are prohibited, except during holidays special lighting shall be permitted for a maximum time period of forty-five (45) days for each holiday used.