The purpose of this article is to provide for:

(a)

A Planning Commission to promote the orderly development of the City and accomplish the objectives set out in Section 15.2-2200, Code of Virginia (1950), as amended;

(b)

An Architectural Review Board to administer Certificates of Appropriateness for the Historic Downtown Overlay District (H-1) and the Historic Neighborhood Overlay District (H-2) created by the provisions of this chapter;

(c)

A Board of Zoning Appeals to hear and decide on special exception applications, requests for variances from the provisions of this chapter, interpretations of the Official Zoning Map where uncertainty exists, and appeals of decisions made in the administration or enforcement of this chapter; and

(d)

A Zoning Administrator to administer and enforce the provisions of this chapter.

For purposes of this division, the term "Commission" shall mean the City Planning Commission as established by this division.

The City Planning Commission heretofore established is hereby continued, and the seven (7) members thereof shall hold office until the expiration of the term for which they were appointed, or until they resign or are removed.

(a)

Qualifications, appointment, and terms.

(1)

The Commission shall consist of seven (7) members, each to be appointed by City Council for a term of four (4) years. All members shall be residents of the City, and at least four (4) members shall be owners of real property. No member of the Commission shall hold any elected public office or be employed on a fulltime basis as an officer or employee of the City.

(2)

No appointee may serve more than three (3) consecutive terms.

(3)

Each member of the Commission shall take the oath of office prescribed by the City Charter for officers of the City within ten (10) business days of notice of appointment.

(4)

New appointees to the Commission shall complete a prescribed certification program within one (1) year of the date of appointment.

(5)

Vacancies shall be filled by City Council for the unexpired term of any member whose term becomes vacant.

(b)

Removal of members. Any member of the Commission may be removed for malfeasance, misfeasance, or nonfeasance, or other cause, by the City Council, upon written charges and after public hearing.

The Commission shall hold at least one (1) regular meeting each month, provided it need not meet if there are no applications or plans pending for review. Special meetings and public hearings, as deemed necessary, may be called by the Chair.

(Ord. No. 37633, § 18, 11-20-06)

Four (4) of the seven (7) members of the Commission shall constitute a quorum, and no action of the Commission shall be valid unless authorized by a majority vote of those members present and voting.

(a)

Officers; secretary; agent.

(1)

The Commission shall elect from the appointed members a Chair and Vice Chair whose terms shall be for one (1) year, with eligibility for re-election.

(2)

The Commission shall elect a Secretary to the Commission from the staff of the Department of Planning, Building and Development, whose term shall be for one (1) year, with eligibility for re-election.

(3)

The Commission shall elect an Agent from the staff of the Department of Planning, Building and Development, whose term shall be for one (1) year, with eligibility for re-election.

(b)

Staff; special requests.

(1)

The Department of Planning, Building and Development shall provide technical and other services as the Commission may require.

(2)

All City officials shall, upon request, furnish to the Commission, within a reasonable time, such available information as it may require for its work, provided the furnishing thereof will not unduly interfere with such officials' usual duties.

(Ord. No. 37984, § 7, 12-17-07)

(a)

Rules. The Commission shall adopt rules and forms for its procedures, consistent with the Charter and ordinances of the City and general laws of the State.

(b)

Minutes; records. The Commission shall keep minutes of its proceedings and a record of its transactions, which shall be filed in the offices of the Commission and the City Clerk and shall be a public record.

(c)

Annual report. The Commission shall submit a written report of its activities to the City Council at the end of each fiscal year.

(Ord. No. 41370, § 1, 1-22-19)

(a)

Generally. The Commission shall have the following powers and duties, in addition to those prescribed elsewhere in this Code and by State law, including those set out in Section 15.2-2221, Code of Virginia (1950), as amended:

(1)

The Commission shall make a study of the subdivision regulations of the City, as set out in Chapter 31 of this Code, and the Charter and other City ordinances and State statutes of similar purport and design, to assure the orderly subdivision of lands and their development within the City. From time to time, the Commission shall offer suggestions and recommendations to the City Council that such studies by the Commission may reveal to be essential to the attainment of fair, equitable, and harmonious ordinances and laws and to the promotion, preparation, development, and preservation of the Comprehensive Plan and revisions thereof.

(2)

The Commission shall promote public interest in and understanding of the Comprehensive Plan, and to that end, may publish and distribute copies of the Comprehensive Plan or of any report and may employ such other means of publicity and education as it may determine.

(3)

The Commission shall, from time to time, recommend to the appropriate public officials programs for public structures and improvements and for the financing thereof and shall consult and advise public officials and agencies, public utility companies, civil, education, professional and other organizations, and citizens with relation to complying with or implementing the Comprehensive Plan.

(4)

The Commission may control, preserve, and care for all historical landmarks now owned or hereafter acquired by the City; control the design and location of statuary and other works of art which are or become the property of the City; and provide for the removal, relocation, and alteration of any such works belonging to the City. Where appropriate by the delineated powers and duties of Division 2 of this article, Architectural Review Board, and the regulations of the Historic Downtown Overlay District (H-1) and the Historic Neighborhood Overlay District (H-2), such control, preservation, and care by the Commission for historical landmarks owned by the City shall not infringe on the duties and powers of the Architectural Review Board as set out in this chapter.

(5)

The Commission shall make recommendations to the City Council concerning the following:

(A)

The design of public streets on new, widened, or reconstructed rights-of-way; the design of bridges, viaducts, street fixtures, and other related appurtenances;

(B)

The design of new public parks and open spaces; renovations to existing public parks and facilities contained thereon;

(C)

The design of new public buildings, including both site and architectural plans; exterior renovations to existing public buildings involving additions or other site improvements including parking lots or the erection of new accessory structures; and

(D)

The establishment of design standards or guidelines as they relate to public rights-of-way including lighting fixtures, landscaping, street name and directional signs, benches, and other related appurtenances.

(b)

Comprehensive Plan.

(1)

The Commission shall prepare and recommend a Comprehensive Plan for the physical development of the City in accordance with the requirements of Section 15.2-2223, Code of Virginia (1950), as amended.

(2)

In the preparation of a Comprehensive Plan, the Commission shall conduct such surveys and studies as are required by Section 15.2-2224, Code of Virginia (1950), as amended.

(3)

The Commission shall recommend to the City Council the adoption of or the amendment of the Comprehensive Plan, or parts thereof, in conformance with the procedural requirements set out in Section 15.2-2225 of the Code of Virginia (1950), as amended.

(4)

Whenever the Commission recommends a Comprehensive Plan, or part thereof, and such plan has been approved and adopted by the City Council, it shall control the general or approximate location, character, and extent of each feature, including any road improvement and any transportation improvement, shown on the plan according to Section 15.2-2232, Code of Virginia (1950), as amended.

(c)

Zoning code and map amendments.

(1)

The Commission may initiate, by motion, an amendment to this chapter, including any provision of this chapter or the Official Zoning Map, pursuant to the procedures of Section 36.2-540.

(2)

The Commission shall review, evaluate, report, and make recommendations to the City Council regarding any proposed amendment of any regulation or district boundary provided by this chapter, pursuant to the procedures of Section 36.2-540 and Section 36.2-541.

(d)

Right of entry. The Commission, its members, officers, and employees, in the performance of their functions, may enter upon any land in the City and make examinations and surveys and place and maintain necessary monuments and markers thereon.

(Ord. No. 37633, § 18, 11-20-06; Ord. No. 42902, § 1, 3-18-24; Ord. No. 43049, § 1, 9-16-24)

For purposes of this division, the term "Board" shall mean the Architectural Review Board as established by this division.

The Architectural Review Board heretofore established for the City pursuant to Section 62.02 of the City Charter is hereby continued, and the seven (7) members thereof shall hold office until the expiration of the term for which they were appointed, or until they resign or are removed.

(a)

Qualifications, appointment, and terms.

(1)

The Board shall consist of seven (7) members, each to be appointed by City Council for a term of four (4) years. At least two (2) members, but not more than three (3), shall be registered architects. No member of the Board shall hold any elected public office. In making an appointment, City Council shall consider the appointee's interest or competence in, or knowledge of, historic preservation and the history of the City.

(2)

No appointee may serve more than three (3) consecutive terms.

(3)

Each member of the Board shall take the oath of office prescribed by the City Charter for officers of the City within ten (10) business days of notice of appointment.

(4)

Vacancies shall be filled by City Council for the unexpired term of any member whose term becomes vacant.

(b)

Removal of members. Any member of the Board may be removed for malfeasance, misfeasance, or nonfeasance, or other cause, by the City Council, upon written charges and after public hearing.

The Board shall hold at least one (1) regular meeting each month, provided it need not meet if no applications are pending for review.

Four (4) of the seven (7) members of the Board shall constitute a quorum, and no action of the Board shall be valid unless authorized by a majority vote of those members present and voting.

(a)

Officers; secretary; agent.

(1)

The Board shall elect from the appointed members a Chair and Vice Chair whose terms shall be for one (1) year, with eligibility for re-election.

(2)

The Board shall elect a Secretary to the Board from the staff of the Department of Planning, Building and Development, whose term shall be for one (1) year, with eligibility for re-election.

(3)

The Board shall elect an Agent from the staff of the Department of Planning, Building and Development, whose term shall be for one (1) year, with eligibility for re-election.

(b)

Staff. The Department of Planning, Building and Development shall provide technical and other services as the Board may require.

(Ord. No. 37984, § 7, 12-17-07)

(a)

Rules. The Board shall adopt rules and forms for its procedures, consistent with the Charter and ordinances of the City and general laws of the State.

(b)

Minutes; records. The Board shall keep minutes of its proceedings and a record of its transactions, which shall be filed in the offices of the Board and the City Clerk and shall be a public record.

(c)

Annual report. The Board shall submit a written report of its activities to the City Council at the end of each fiscal year.

(Ord. No. 41370, § 1, 1-22-19)

(a)

Advisory committee. The Board may appoint an advisory committee, consisting of up to three (3) persons, for each historic district or identifiable neighborhood under its jurisdiction, to assist the Board in understanding specific district issues. Such committee members shall represent a diversity of interest in the historic area. The Board shall meet with such appointed advisory committees at a minimum on an annual basis or as often as mutually agreed upon.

(b)

Certificates of Appropriateness.

(1)

The Board may authorize its Agent to issue any Certificate of Appropriateness within the Historic Downtown Overlay District (H-1) and the Historic Neighborhood Overlay District (H-2), pursuant to the procedures of Section 36.2-530.

(2)

The Board shall hear appeals of a decision of the Agent, pursuant to the procedures of Section 36.2-530.

(3)

The Board shall review, evaluate, and act upon applications for Certificates of Appropriateness within the Historic Downtown Overlay District (H-1) and the Historic Neighborhood Overlay District (H-2), pursuant to the procedures of Section 36.2-530.

For purposes of this division, the term "Board" shall mean the Board of Zoning Appeals as established by this division.

The Board of Zoning Appeals, heretofore established by the City Council pursuant to Section 62.01 of the City Charter, is hereby continued, and the seven (7) members thereof shall hold office until the expiration of the term for which they were appointed, or until they resign or are removed.

(a)

Qualifications, appointment, and terms.

(1)

The Board shall consist of seven (7) members, each to be appointed by City Council for a term of three (3) years. No member of the Board shall hold any elected public office.

(2)

No appointee may serve more than three (3) consecutive terms.

(3)

Each member of the Board shall take the oath of office prescribed by the City Charter for officers of the City within ten (10) business days of notice of appointment.

(4)

New appointees to the Board shall complete a prescribed certification program within one (1) year of the date of appointment.

(5)

Vacancies shall be filled by City Council for the unexpired term of any member whose term becomes vacant.

(b)

Removal of members. Any member of the Board may be removed for malfeasance, misfeasance, or nonfeasance, or other cause, by the City Council, upon written charges and after public hearing.

The Board shall hold at least one (1) regular meeting each month, provided it need not meet if there are no applications pending for review.

(a)

Quorum. Four (4) of the seven (7) members of the Board shall constitute a quorum.

(b)

Vote. The concurring vote of four (4) members of the Board shall be required to reverse upon appeal any order, requirement, decision, or determination made by the Zoning Administrator in the administration or enforcement of this chapter, or to decide in favor of the applicant for a special exception or to authorize any variance from the terms of this chapter.

(c)

The Board shall offer an equal amount of time in a hearing on any case to the applicant, appellant or other person aggrieved that it offers to the staff of the City of Roanoke.

(Ord. No. 40296, § 1, 7-6-15)

(a)

Officers; secretary.

(1)

The Board shall elect from the appointed members a Chair and Vice Chair whose terms shall be for one (1) year, with eligibility for re-election.

(2)

The Board shall elect a Secretary to the Board from the staff of the Department of Planning, Building and Development, whose term shall be for one (1) year, with eligibility for re-election.

(b)

Staff. The Zoning Administrator shall provide technical and other services as the Board may require.

(Ord. No. 37984, § 7, 12-17-07)

(a)

Rules. The Board shall adopt rules and forms for its procedures, consistent with the Charter and ordinances of the City and general laws of the state.

(b)

Minutes; records. The Board shall keep minutes of its proceedings and a record of its official actions, which shall be filed in the offices of the Board and the City Clerk and shall be a public record.

(c)

Annual report. The Board shall submit a written report of its activities to the City Council at the end of each fiscal year.

(d)

Ex parte communications, proceedings.

(1)

The non-legal staff of the governing body may have ex parte communications with a member of the Board prior to the hearing but may not discuss the facts or law relative to a particular case. The applicant, landowner or his agent or attorney may have ex parte communications with a member of the Board prior to the hearing but may not discuss the facts or law relative to a particular case. If any ex parte discussion of facts or law in fact occurs, the party engaging in such communication shall inform the other party as soon as practicable and advise the other party of the substance of such communication. For purposes of this section, regardless of whether all parties participate, ex parte communications shall not include (i) discussions as part of a public meeting or (ii) discussions prior to a public meeting to which staff of the governing body, the applicant, landowner or his agent or attorney are all invited.

(2)

Any materials relating to a particular case, including a staff recommendation or report furnished to a member of the Board, shall be made available without cost to such applicant, appellant or other aggrieved person, as soon as practicable thereafter, but in no event more than three (3) business days of providing such materials to a member of the Board. If the applicant, appellant or other aggrieved person requests additional documents or materials be provided by the locality other than those materials provided to the Board, such request shall be made pursuant to Section 2.2-3704 of the Code of Virginia (1950), as amended. Any such materials furnished to a member of the Board shall also be made available for public inspection pursuant to subsection F of Section 2.2-3707 of the Code of Virginia, (1950), as amended.

(3)

For the purposes of this section, "non-legal staff of the governing body" means any staff who is not in the Office of the City Attorney for the City of Roanoke, or for the board, or who is appointed by special law or pursuant to Section 15.2-1542 of the Code of Virginia (1950), as amended. Nothing in this section shall preclude the board from having ex parte communications with any attorney or staff of any attorney where such communication is protected by the attorney-client privilege or other similar privilege or protection of confidentiality.

(4)

This section shall not apply to cases where an application for a special exception has been filed pursuant to Section 36.2-560.

(Ord. No. 40296, § 1, 7-6-15)

(a)

Appeals to the Board. The Board shall have the power to hear and decide appeals from any order, requirement, decision, or determination made by the Zoning Administrator in the administration or enforcement of this chapter, pursuant to the procedures of Section 36.2-562. The decision on such appeal shall be based on the Board's judgment of whether the Zoning Administrator was correct. The determination of the Zoning Administrator shall be presumed to be correct. At a hearing on an appeal, the Zoning Administrator shall explain the basis for his or her determination after which the appellant has the burden of proof to rebut such presumption of correctness by a preponderance of the evidence. The Board shall consider any applicable ordinances, laws, and regulations in making its decision. For purposes of this section, determination means any order, requirement, decision or determination made by the Zoning Administrator. Any appeal of a determination to the Board shall be in compliance with this section, notwithstanding any other provision of law, general or special.

(b)

Variances. Notwithstanding any other provision of law, general or special, the Board shall have the power to authorize variances from the terms of this chapter, pursuant to the procedures and standards set forth in Section 36.2-561. The burden of proof shall be on the applicant to prove by a preponderance of the evidence that his application meets the standards for a variance as defined in Appendix A and the criteria set forth in Section 36.2-561.

(c)

Special exceptions.

(1)

The Board shall have the power to hear and decide on applications for such special exceptions as may be authorized by this chapter, pursuant to the procedures set forth in Section 36.2-560.

(2)

The Board shall have the power to revoke a special exception previously granted, pursuant to Section 36.2-560(e).

(d)

Interpretation of Official Zoning Map. The Board shall have the power to hear and decide applications for interpretation of the Official Zoning Map, where there is any uncertainty as to the location of a district boundary. After public notice and hearing as required generally for Board proceedings, the Board may interpret the map in such a way as to carry out the intent and purpose of this chapter for the particular section or district in question. The Board shall not, however, have the power to rezone property or to change substantially the locations of district boundaries as established by ordinance.

(Ord. No. 40296, § 1, 7-6-15)

This chapter shall be administered and enforced by a Zoning Administrator or designee authorized to act on the Zoning Administrator's behalf. Such Zoning Administrator shall be appointed by the City Manager. The City Manager may appoint a Deputy Zoning Administrator to act in the absence of the Zoning Administrator.

(Ord. No. 38423, § 1, 4-20-09; Ord. No. 41370, § 1, 1-22-19)

(a)

Interpretations. The Zoning Administrator may render interpretations of the provisions of this chapter, including use interpretations.

(b)

Administration and enforcement. The Zoning Administrator shall have all necessary authority to administer and enforce this chapter, including ordering in writing the remedying of any condition found in violation of this chapter. The Zoning Administrator may report any noncompliance with this chapter to the City Attorney, or the Commonwealth Attorney as appropriate, with the request for appropriate action at law to ensure or obtain compliance with this chapter.

(c)

Modifications. The Zoning Administrator shall have the authority to grant a modification from any provision of this chapter with respect to physical requirements on a lot, including but not limited to size, height, location, or features of or related to any building, structure, or improvements, pursuant to the procedures and standards set forth below.

(1)

Prior to the granting of a modification, the Zoning Administrator shall give, or require the applicant to give, all adjoining property owners written notice of the request for modification, and an opportunity to respond to the request within twenty-one (21) days of the date of the notice.

(2)

The Zoning Administrator shall make a decision on an application for modification and issue a written decision within forty-five (45) days of the request for modification, with a copy provided to the applicant and any adjoining property owner who responded in writing to the notice sent pursuant to subsection (1) above.

(3)

The Zoning Administrator shall authorize a modification only if the Zoning Administrator finds in writing all three (3) of the following:

(A)

That the strict application of this chapter would unreasonably restrict the utilization of the property;

(B)

That such hardship is not shared generally by other properties in the same zoning district and the same vicinity; and

(C)

That the authorization of such modification will not be of substantial detriment to adjacent property and that the character of the zoning district will not be changed by the granting of the modification.

(4)

The application fee for such modification shall be as set forth in the City of Roanoke's Fee Compendium and as adopted by City Council in accordance with Section 15.2-107 of the Code of Virginia (1950), as amended.

(d)

Any decision of the Zoning Administrator shall constitute a decision within the purview of Section 36.2-562, and may be appealed to the Board of Zoning Appeals as provided by that section. Decisions of the Board of Zoning Appeals may be appealed to the Circuit Court as provided by Section 36.2-563.

(Ord. No. 38423, § 1, 4-20-09; Ord. No. 40296, § 1, 7-6-15; Ord. No. 40710, § 1, 12-5-16)