This chapter shall be known, cited, and referred to as the "zoning code" and shall include all provisions contained herein, together with the City's zoning map.

(a)

The location and boundaries of the zoning districts established by this chapter shall be as shown upon a series of certain electronic maps entitled "Official Zoning Map, City of Roanoke, Virginia," dated December 5, 2005, as amended, which are maintained by the Department of Planning, Building and Development and are hereby made a part of this chapter. Such maps, together with all notations, references, and other information shown thereon, and all amendments thereto, shall be referred to in this chapter as the "Official Zoning Map."

(b)

Upon the adoption of ordinances amending the Official Zoning Map, the City Clerk shall forward to the Department of Planning, Building and Development attested copies of such ordinances. Upon receipt of these ordinances, the Department of Planning, Building and Development shall amend the Official Zoning Map.

(Ord. No. 37984, § 1, 12-17-07; Ord. No. 42902, § 1, 3-18-24; Ord. No. 43049, § 1, 9-16-24)

Pursuant to Section 15.2-2283, Code of Virginia (1950), as amended, zoning regulations and districts are set forth in this chapter for the general purposes of implementing the Comprehensive Plan of the City of Roanoke and promoting the health, safety, and general welfare of the public. To these ends, this chapter is designed for the following purposes:

(a)

To provide for adequate light, air, convenience of access, and safety from fire, flood, crime, and other dangers;

(b)

To reduce or prevent congestion in the public streets;

(c)

To facilitate the creation of a convenient, attractive, and harmonious community;

(d)

To facilitate the provision of adequate police and fire protection, disaster evacuation, civil defense, transportation, water, sewerage, flood protection, schools, parks, forests, playgrounds, recreational facilities, airports, and other public requirements;

(e)

To protect against destruction of or encroachment upon historic areas;

(f)

To protect against one (1) or more of the following: overcrowding of land, undue density of population in relation to the community facilities existing or available, obstruction of light and air, danger and congestion in travel and transportation, or loss of life, health, or property from fire, flood, panic, or other dangers;

(g)

To encourage economic development activities that provide desirable employment and enlarge the tax base;

(h)

To provide for the preservation of agricultural and forestall lands and other lands of significance for the protection of the natural environment;

(i)

To protect approach slopes and other safety areas of licensed airports;

(j)

To promote the creation and preservation of affordable housing suitable for meeting the current and future needs of the locality as well as a reasonable proportion of the current and future needs of the planning district within which the City is situated; and

(k)

To protect surface water and ground water as defined in Section 62.1-255, Code of Virginia (1950), as amended.

(a)

General applicability. The provisions of this chapter shall apply to all property located within the corporate limits of the City of Roanoke to the extent permitted by law.

(b)

Exemptions. Except where specifically provided for in this chapter, railroad tracks, signals, bridges, and similar facilities located on a railroad right-of-way shall be exempt from the regulations of this chapter. Such exemption shall not apply to railroad yards, railroad shops, and similar facilities.

This chapter implements the Comprehensive Plan of the City of Roanoke, as amended, including all documents adopted as elements of the Comprehensive Plan.

The use of buildings and land within the City is subject to all other regulations as well as this chapter, whether or not such other provisions are specifically referenced in this chapter. References to other regulations or provisions of this chapter or other chapters of this Code are for the convenience of the reader. Lack of a cross reference shall not be construed as an indication that other regulations do not apply.

(a)

Higher standards govern. Wherever any regulation in this chapter imposes higher or more restrictive standards than are required in any other statute, ordinance, or regulation, this chapter shall govern. Whenever any other statute, ordinance, or regulation imposes higher or more restrictive standards, such other statute, ordinance, or regulation shall govern.

(b)

Applicability of regulations.

(1)

The regulations set forth in this chapter shall be considered the minimum requirements to protect public health, safety, comfort, prosperity, and general welfare, and to provide a remedy for existing conditions which are detrimental thereto.

(2)

No land or structure shall be altered, used, or occupied, and no structure shall be located, erected, constructed, reconstructed, altered, repaired, maintained, or moved, except in conformity with the regulations specified herein.

(3)

No part of a yard or other open space or off-street parking or loading space required for the purpose of complying with this chapter shall be used to satisfy similar requirements of any other building, except as may be specifically provided.

(c)

General construction of language.

(1)

The headlines of the articles, divisions, and sections of this chapter are intended as catchwords to indicate the contents thereof and shall not be deemed or taken to be titles of such sections, or any part thereof.

(2)

The specific shall control the general.

(3)

All words in the present tense include the future tense.

(4)

All words in the singular number include the plural and the plural includes the singular.

(5)

The word "person" includes a firm, association, organization, partnership, trust, company, or corporation, as well as an individual.

(6)

The word "shall" is mandatory. The word "may" is permissive.

(7)

The word "includes" or "including" shall not limit a term to the specified examples, but is intended to extend its meaning to all other instances or circumstances of like kind or character.

(8)

The word "yard" shall mean the required yard, minimum or maximum.

(9)

Where amendments to use names or definitions are made, the amended meaning shall be applied to older terms that remain in the zoning code (e.g., a single-family dwelling means a one (1) dwelling building, two (2) dwelling building means two-family dwelling, and so on).

(d)

Terms not defined. Where terms are not defined in this chapter, they shall have their ordinarily accepted meanings, within such context as they are used.

(e)

Measurement of distance. All distances specified in this chapter for the purpose of separating uses shall be measured in a horizontal plane from the closest property line of one (1) use to the closest property line of the other use, and for the purpose of separating structures shall be measured in a horizontal plane from the closest point of one (1) structure to the closest point of the other structure. Specified distances between a use and a residentially zoned district shall be measured in a horizontal plane from the property line of the use to the nearest point of the boundary line of the residentially zoned district.

(f)

Zoning district boundaries.

(1)

Where uncertainty exists as to the boundaries of zoning districts shown on the Official Zoning Map, the following rules shall apply:

(A)

District boundaries indicated as approximately following the centerlines of streets, rights-of-way, alleys, railroad lines, or streams or other bodies of water shall be construed to follow such centerlines;

(B)

District boundaries indicated as approximately following platted lot lines or city limit lines shall be construed as following such lines; and

(C)

District boundaries indicated as approximately parallel to or extensions of features indicated above shall be so construed, and at such distances as indicated on the Official Zoning Map. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map.

(2)

In case of annexation to the City, or in case property comes into the territorial jurisdiction of the City other than by annexation, the regulations applying to the R-12, Residential District, shall apply to all such annexed or new territory pending an amendment of this chapter.

(3)

Whenever any dedicated street, alley, or other public right-of-way is vacated by the City Council, the zoning district boundaries adjoining each side of such street, alley, or public right-of-way shall automatically be extended to the centerline of the vacated right-of-way.

(4)

All water areas, waterways, alleys, roads, streets, highways, railroads, and other rights-of-way, if not otherwise specifically designated, shall be deemed to be in the same zoning district as that of the immediately abutting property. Where the centerline of such described water areas, waterways, or rights-of-way serves as a zoning district boundary, the zoning of such areas, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to such centerline.

(5)

Where a lot in single ownership is divided by one (1) or more district boundary lines, each portion of the lot shall be subject to all the regulations applicable to the district in which it is located.

(Ord. No. 42902, § 1, 3-18-24; Ord. No. 43049, § 1, 9-16-24)

No construction may commence, no use may be established or changed, and no structure shall be constructed, erected, altered, moved, or demolished unless and until all permits required by Article 5 of this chapter have been issued.

Should any section or any provision of this chapter be decided by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any part thereof other than the part so held to be unconstitutional or invalid, and such remainder of this chapter shall continue in full force and effect.

(a)

Nothing in this chapter shall be construed to authorize the impairment of any vested right. Without limiting the time when rights might otherwise vest, a property owner's rights shall be deemed vested in a land use and such vesting shall not be affected by a subsequent amendment to this chapter, when the property owner:

(1)

Obtains or is the beneficiary of a significant affirmative governmental act which remains in effect allowing development of a specific project;

(2)

Relies in good faith on the significant affirmative governmental act; and

(3)

Incurs extensive obligations or substantial expenses in diligent pursuit of the specific project in reliance on the significant affirmative governmental act.

(b)

For purposes of this section and without limitation, the following are deemed to be significant affirmative governmental acts allowing development of a specific project:

(1)

The City Council has accepted proffers or proffered conditions which specify use related to a zoning amendment;

(2)

The City Council has approved an application for a rezoning for a specific use or density;

(3)

The Board of Zoning Appeals has granted a special exception;

(4)

The Board of Zoning Appeals has approved a variance;

(5)

The City Council or its designated agent has approved a preliminary subdivision plat, site plan, or plan of development for the property and the applicant pursues approval of the final plat or plan within a reasonable period of time under the circumstances; or

(6)

The City Council or its designated agent has approved a final subdivision plat, site plan, or plan of development for the applicant's property.

(7)

The Zoning Administrator or other administrative officer has issued a written order, requirement, decision or determination regarding the permissibility of a specific use or density of the landowner's property that is no longer subject to appeal and no longer subject to change, modification, or reversal under Subsection C of § 15.2-2311 of the Code of Virginia (1950), as amended.

(Ord. No. 37633, § 1, 11-20-06; Ord. No. 39122, § 1, 5-16-11)