(A)

The provisions of this ordinance are adopted pursuant to sections 15.22280 and 15.22281, of the Code of Virginia, as amended. This ordinance, and all provisions contained herein, together with the official zoning map, shall be known as the Roanoke County Zoning Ordinance, and may be cited as such, or as the "Zoning Ordinance." The ordinance and official zoning map may be kept in either hardcopy or digital form.

(Ord. No. 042799-11, § 1a., d., 4-27-99; Ord. No. 020921-8, §1, 2-9-21; Ord. No. 072225-9, § 1, 7-22-25)

(A)

The provisions of this ordinance shall apply to all property within the unincorporated portions of Roanoke County, Virginia, including any property within the county that may be assessed in an adjoining jurisdiction.

(A)

The zoning regulations and districts set forth in this ordinance are for the general purpose of implementing the comprehensive plan of Roanoke County. They are designed to achieve the general purposes of promoting the health, safety, and general welfare of the public, and of further accomplishing the objectives of Section 15.2-2200 of the Code of Virginia, as amended. To these ends, this ordinance is designed to give reasonable consideration to each of the following purposes:

1.

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

2.

Reduce or prevent congestion in the public streets;

3.

Facilitate the creation of a convenient, attractive and harmonious community;

4.

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

5.

Protect against destruction of, or encroachment upon historic buildings or areas;

6.

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

7.

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

8.

Provide for the preservation of agricultural and forestal lands;

9.

Protect approach slopes and other safety areas of licensed airports;

10.

Protect surface and groundwater resources, and;

11.

Promote the creation and preservation of affordable housing suitable for meeting the current and future needs for the locality as well as a reasonable proportion of the current and future needs of the planning district where the locality is situated.

(Ord. No. 042799-11, §§ 1a., f., 2, 4-27-99; Ord. No. 042208-16, § 1, 4-22-08)

(A)

Uses and activities not provided for or addressed by the terms of this ordinance, shall be considered prohibited uses and activities, unless the administrator shall find that the use or activity is compatible and consistent with the provisions of this ordinance.

(B)

Where the standards imposed by this ordinance, are more or less restrictive than any other standard imposed by public regulation, the more restrictive standard shall apply.

(Ord. No. 42694-12, § 1, 4-26-94)

(A)

The zoning administrator shall serve as the administrator of this ordinance, unless otherwise specified.

(B)

The administrator shall have the following powers and duties:

1.

Zoning permit. To issue or deny a zoning permit for the erection, construction, reconstruction, moving, adding to, or alteration of any structure, or the establishment of any land use. The administrator shall also have the authority to revoke any zoning permit if violations of the provisions of this ordinance occur.

2.

Certificate of zoning compliance. To issue or deny a certificate of zoning compliance.

3.

Collect fees. To collect any fees required or set forth in this ordinance.

4.

Making and keeping records. To make and keep all records required by state law or necessary and appropriate for the administration of this ordinance.

5.

Inspection of buildings or land. To inspect any building or land to determine if violations of this chapter have been committed or exist.

6.

Enforcement. To enforce this ordinance and take all necessary steps to remedy any condition found in violation of the provisions of this ordinance.

7.

Request assistance. To request the assistance of other local and state officials or agencies in the administration and enforcement of this ordinance.

8.

Interpretation. To interpret the official zoning map and provisions of this ordinance, and offer written opinions on their meaning and applicability.

(Ord. No. 042799-11, § 1b., 4-27-99; Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 090820-14, § 1, 9-8-20)

(A)

The following are established as Roanoke County zoning districts:

Agricultural Districts

Residential Districts

Commercial Districts

Industrial Districts

Special Purpose Districts

The location and boundaries of these zoning districts are shown on the official zoning map.

(Ord. No. 102594-10, § 1, 10-25-94; Ord. No. 042799-11, §§ 1e., 2, 4-27-99; Ord. No. 121900-11, § 1, 12-19-00; Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 111213-15, § 1, 11-12-13)

(A)

Where uncertainty exists as to the boundaries of districts shown on the official zoning map, the following rules shall apply:

1.

Boundaries indicated as approximately following the center lines of streets, rights-of-way, or alleys shall be construed to follow such center lines;

2.

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines, except that the zoning designation of any platted lot shall extend to the center line of any adjacent street, right-of-way or alley.

3.

Boundaries indicated as following center lines of bodies of water shall be construed as following such center lines. In the event such center lines move as a result of natural forces, the boundary shall also move.

4.

Where there is uncertainty concerning the location of a district boundary not resolved by the application of the above rules, the administrator may interpret the official zoning map in such a way as to carry out the purpose and intent of this ordinance.

(A)

The commission shall have the right to exercise all of the powers and duties authorized by section 15.2-2200 et seq. of the Code of Virginia, as amended. The commission shall advise and assist the Board in accomplishing the purposes of this ordinance.

(B)

The commission shall consist of no less than five (5) and no more than fifteen (15) members, who shall be appointed by the board. Composition of the commission shall be in accord with section 15.2-2212 of the Code of Virginia, as amended. Each of the magisterial districts within the county shall be represented by at least one member of the commission. At-large members shall be permitted, if approved by the board.

(C)

The commission shall develop, adopt and maintain by-laws that govern its operation.

(Ord. No. 042799-11, § 1a., 4-27-99)

(A)

The commission shall prepare and recommend a comprehensive plan for the physical development of the county in accordance with the requirements of section 15.2-2223 of the Code of Virginia, as amended. The plan may also include any other policy areas deemed by the commission and board to be important to the long term development of the county. The board shall adopt the plan in accord with the requirements of section 15.2-2223 et seq. of the Code of Virginia, as amended. Once adopted, the commission shall have the responsibility to continuously review and recommend updates to the plan to ensure that the plan remains a current statement of county development goals, objectives, and policies.

(B)

The comprehensive plan shall be used by the commission and board as one basis upon which to evaluate amendments to, and approvals required by, this ordinance in accordance with provisions contained herein.

(Ord. No. 042799-11, § 1a., f., 4-27-99; Ord. No. 042208-16, § 1, 4-22-08)

(A)

A zoning permit shall be required for the erection, construction, reconstruction, moving, adding to, or alteration of any structure, or the establishment of any land use, except as listed below:

1.

Patios.

2.

Fences, provided their location and design conform to section 30-92, section 30-100-8 and section 30-100-9 of this ordinance.

(B)

It shall be the responsibility of the applicant to provide any information necessary for the administrator to determine that the proposed use, building, or structure complies with all provisions of this ordinance.

(C)

For any use, building, or structure requiring an approved site development plan, no zoning permit shall be issued, until such time as a site development plan is submitted, reviewed and approved in accordance with Section 30-90 of this ordinance.

(D)

For uses or structures not requiring an approved site development plan, the administrator shall determine, in accord with this ordinance, the type of information necessary to review the permit. At a minimum, a plot plan shall be required meeting the standards contained in Section 30-100-1 of this ordinance.

(E)

All zoning permits issued shall be valid for a period of six (6) months, unless the structure, use or activity for which the permit was issued has commenced. The administrator may reissue any expired permit provided the structure, use and or activity complies with all applicable provisions of the ordinance at the time of reissuance.

(F)

The administrator shall have the authority to approve the form and content of zoning permit applications.

(Ord. No. 042208-16, § 1, 4-22-08)

(A)

No building permit for the extension, erection, or alteration of any building or structure shall be issued before an application has been made, and a zoning permit issued. No building or structure shall be occupied or used until a certificate of zoning compliance has been issued.

(A)

A certificate of zoning compliance shall be required for any of the following:

1.

Occupancy or use of a building hereafter erected, enlarged or structurally altered.

2.

Change in the use or occupancy of an existing building.

3.

Occupancy or change in the use of vacant land except for the raising of crops, and other agricultural uses not involving structures. Forestry operations shall not require a certificate if such operations comply with the provisions of Section 30-81-4.

4.

Any change in use of a nonconforming use, or any alteration of a nonconforming building or structure.

(B)

No such occupancy, use, or change in use shall take place until a certificate of zoning compliance has been issued by the county. Such certificate shall certify that the building or the proposed use, or the use of the land, complies with the provisions of this ordinance. Upon application of the owner or an authorized agent, the county shall issue the certificate of zoning compliance for any building, structure or lot; provided, that the county finds such building, structure or lot is in conformity with all applicable provisions of this ordinance, and all other applicable county laws.

(C)

The county shall issue or deny any application for a certificate of zoning compliance within seven (7) days of an application being filed. If denied, the county shall advise the owner or owner's agent the reasons for the denial, and the specific actions required on the part of the owner before the certificate of zoning compliance can be issued.

(A)

In situations where a building, structure or property, must be occupied or used prior to completion of all improvements required by county law, the county may issue a temporary or partial certificate of zoning compliance for the property upon application by the owner or authorized agent. Temporary or partial certificates of zoning compliance shall be valid for a period not to exceed eight (8) months, during which time all improvements required by county law must be made.

(B)

The county shall not issue any temporary or partial certificate of zoning compliance unless:

1.

The site and building is in a safe and usable condition, free from conditions that might endanger the health, safety or welfare of persons using the site, and,

2.

The owner or authorized agent provides to the county a performance guarantee, requiring corrective action. This guarantee shall be payable to the county, in an amount determined by the county to be sufficient to insure satisfactory completion of all improvements required and related to the development within eight (8) months from the date of issuance of the temporary or partial certificate of zoning compliance. The performance guarantee may be in the form of a corporate surety bond, cash account, or irrevocable letter of credit. The county attorney shall approve the form and language of any instrument submitted.

3.

The administrator shall have the authority to waive the performance guarantee if the unfinished improvements have an estimated value of less than five hundred dollars ($500.00).

4.

The administrator shall have the authority to grant an extension to the temporary certificate of zoning compliance, provided all performance guarantees remain in effect.

(A)

Whenever the public necessity, convenience, general welfare, or good zoning practice require, the board may, by ordinance, amend, supplement, or change these regulations, district boundaries, or classifications of property. Any such amendments may be initiated by:

1.

Resolution of the board, or;

2.

Motion of the commission, or;

3.

Petition of the owner, contract purchaser with the owner's written consent, or the owner's agent thereof, of the property which is the subject of the proposed zoning map amendment.

Any petition submitted shall be in writing and shall be addressed to the administrator, board or commission.

(B)

The administrator shall establish and maintain the amendment application materials initiated by a petition pursuant to Section 30-14(A)(3). These application materials shall, at a minimum, include any information the administrator deems necessary for the commission and board to adequately evaluate the amendment request. A concept plan shall accompany all map amendment requests initiated by a petition pursuant to Section 30-14(A)(3).

(C)

Upon submission of an application for an amendment to the administrator pursuant to Section 30-14(A)(3), including any application fee, the administrator shall, within ten (10) days, determine whether it is substantially complete. If the application is not substantially complete, then the administrator shall notify the applicant in writing of the materials that must be submitted to complete the application. Nothing herein shall be construed to prohibit the administrator, commission, or board from requesting, or the applicant from submitting, such other and further information as may be necessary to analyze the application fully.

(D)

In considering their recommendation and in making the final decision of whether to grant or deny an amendment initiated pursuant to Section 30-14(A)(3), the administrator, commission, and board shall give the following factors reasonable consideration. The applicant should address all of the following in its statement of justification or concept plan if applicable, in addition to any other standards imposed by this ordinance:

1.

The existing use and character of the property.

2.

The comprehensive plan.

3.

The suitability of property for various uses.

4.

The trends of growth or change.

5.

The current and future requirements of the community as to land for various purposes as determined by population and economic studies and other studies.

6.

The transportation requirements of the community.

7.

The requirements for airports, housing, schools, parks, playgrounds, recreation areas and other public services.

8.

The conservation of natural resources, the preservation of flood plains, the protection of life and property from impounding structure failures, the preservation of agricultural and forestal land and the conservation of properties and their values.

9.

The encouragement of the most appropriate use of land throughout the locality.

10.

Any other matter reasonably related to the public necessity, convenience, general welfare, or good zoning practice.

(E)

If any amendment application initiated pursuant to Section 30-14(A)(3) is withdrawn at the request of the applicant subsequent to the commission's recommendation on the application, or if the board denies any amendment application submitted for its review, the county shall not consider substantially the same application for the same property within one (1) year of the application's withdrawal or the board's action. The administrator shall have the authority to determine whether new applications submitted within this one (1) year period are substantially the same. In making any such determination the administrator shall have the authority to consider any items pertaining to the proposed use or development of the site such as, but not limited to, the uses proposed, densities, access, building locations, and overall site design.

(F)

An amendment application initiated pursuant to Section 30-14(A)(3) may be put on hold upon written request of the applicant at any time. This hold shall not exceed six (6) months. The applicant shall make a written request to the zoning administrator to reactivate the amendment application. Should the application not be reactivated, it shall be considered withdrawn and subject to the requirements of (E) above.

(Ord. No. 042799-11, § 1d., 4-27-99; Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 020921-8, § 1, 2-9-21; Ord. No. 072721-8, § 1, 7-27-21)

(A)

All proposed amendments to the zoning ordinance initiated by a petition under Section 30-14(A)(3) shall be referred by the board to the commission for study and recommendation, based upon the factors enumerated in Section 30-14(D).

(B)

The administrator shall transmit the application initiated by Section 30-14(A)(3) to the commission, along with a staff report analyzing and making a recommendation on the application based upon the factors enumerated in Section 30-14(D).

(C)

The commission shall hold a public hearing and report its findings and recommendations to the board along with any appropriate explanatory materials not later than one hundred (100) days following its next meeting following submission of a complete application pursuant to Section 30-14(A)(3) to the administrator, unless such time period is extended by written agreement between the applicant and the commission. The cost of all public advertisements shall be the responsibility of the applicant.

(D)

Any recommendation of the commission shall be deemed advisory, and shall not be binding on the board.

(Ord. No. 042799-11, § 1a., f., 4-27-99; Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 072721-8, § 1, 7-27-21)

(A)

Before enacting any proposed amendment to the zoning ordinance initiated pursuant to Section 30-14(A)(3), the board shall hold a public hearing and make a final decision on the application no later than twelve (12) months following submission of a complete application to the administrator, unless such time period is extended by written agreement of the applicant. The cost of all public advertisements shall be the responsibility of the applicant. After holding a public hearing, the board may make appropriate changes to the proposed amendment; provided however that no land may be zoned to a more intensive use classification than was contained in the public notice without an additional public notice as required by law. Amendment to the zoning ordinance shall be by ordinance of the board.

(B)

The clerk of the board shall transmit to the administrator official notice of any board action modifying the zoning ordinance. The administrator shall thereafter have the responsibility to make any necessary and appropriate changes to the zoning ordinance text or map.

(Ord. No. 042799-11, § 1a., 4-27-99; Ord. No. 020921-8, § 1, 2-9-21; Ord. No. 072721-8, § 1, 7-27-21)

(A)

Notwithstanding any advertising requirements imposed by section 15.2-2204 of the Code of Virginia, as amended, any proposed map amendment, special use permit, variance or any other type of review as elsewhere specified in this ordinance, shall have public notice signs posted on the subject property.

(B)

At least fourteen (14) days prior to the commission's public hearing on the pending application(s), sign(s) shall be erected on the subject property. Failure to do so shall result in the cancellation or continuation of the scheduled public hearing.

(C)

The administrator shall determine the number of signs required, however, there shall be at least one (1) sign posted along each public right-of-way abutting the property. For properties that lack any public right-of-way, all required signs shall be posted along at least two (2) property lines, as determined by the administrator.

(D)

Structural elements shall be determined and provided as necessary to erect the sign on the property. All signs erected must be posted within ten (10) feet of the adjacent right-of-way, and must be clearly visible from same.

(E)

Signs shall be protected from the elements to ensure that the sign is in place and legible through the date of the public hearing. If any sign is damaged due to the elements, such that the pertinent information on the sign is unreadable, the public hearing may be rescheduled or continued.

(F)

All public hearing signs posted shall be removed from the property within fourteen (14) days after the commission's public hearing.

(Ord. No. 042799-11, § 1a., 4-27-99; Ord. No. 042208-16, § 1, 4-22-08)

(A)

The following exemptions shall apply to the provisions of section 30-14-3:

1.

Vandalism or unauthorized removal of the signs prior to the commission hearing shall not violate the public notice intent of section 30-14-3. The administrator shall have the responsibility for determining whether or not the signs have been vandalized.

(Ord. No. 042208-16, § 1, 4-22-08)

(A)

In accordance with the authority granted to Roanoke County per section 15.2-2298 of the Code of Virginia, as amended, the owner of property for which an amendment is requested may voluntarily proffer in writing reasonable conditions, in addition to the applicable regulations for the requested zoning district. All proffered conditions must be signed by the owner of the property.

(B)

Roanoke County's acceptance of proffers pursuant to this authority shall be in accord with the procedures and standards contained in section 15.2-2298 of the Code of Virginia, as amended.

(C)

All conditions proffered by the owner shall meet the following standards:

1.

The rezoning itself must give rise for the need for the conditions.

2.

The conditions shall have a reasonable relation to the rezoning.

3.

The conditions shall be in conformity with the comprehensive plan.

4.

The conditions must be clearly understood and enforceable.

5.

The conditions must not require or allow a design or standard that is less restrictive than the general provisions of this ordinance.

(D)

Any such conditions should be submitted prior to the start of the commission's public hearing on the amendment. All conditions shall be submitted prior to the start of the board's public hearing, and shall also be submitted in accord with any adopted board policy pertaining to the submittal of proffers. The board may also accept amended proffers once the public hearing has begun if the amended proffers do not materially affect the overall proposal. If proffered conditions which substantially modify the nature or impact of the proposed use, are made by the owner after the commission's recommendation on the amendment, the administrator shall recommend to the board that the amendment be referred back to the commission for further review and action. The commission shall have the authority to schedule a new public hearing for any request so referred. The applicant shall be responsible for all advertising costs associated with the new public hearing.

(E)

The commission and the board shall not be obligated to accept any or all of the conditions made by the property owner.

(Ord. No. 042799-11, § 1f., 4-27-99; Ord. No. 042208-16, § 1, 4-22-08)

(A)

The administrator shall be vested with all necessary authority on behalf of the board to administer and enforce conditions attached to a rezoning or amendment to a zoning map, including:

1.

The ordering in writing of the remedy of any noncompliance with such conditions.

2.

The bringing of legal action to insure compliance with such conditions.

3.

Requiring a guarantee, satisfactory to the administrator in an amount sufficient for and conditioned upon the construction of any physical improvements required by the conditions, or a contract for the construction of such improvements, and the contractor's guarantee, in like amount and so conditioned, which guarantee shall be reduced or released by the administrator upon the submission of satisfactory evidence that construction of such improvements has been completed in whole or in part.

(B)

Failure of a property owner to meet all conditions accepted by the board shall constitute cause to deny approval of a site development plan, or deny issuance of a zoning permit, building permit, or certificate of zoning compliance, as may be appropriate.

(A)

The zoning map shall show by an appropriate symbol on the map the existence of conditions attached to the zoning on the map. The administrator shall keep and make available for public inspection a conditional zoning index. The index shall provide ready access to the ordinance creating the conditions in addition to the regulations provided for in a particular zoning district or zone.

(A)

Any zoning applicant, or any other person aggrieved by a decision of the administrator made pursuant to the provisions of Section 30-15, may petition the board for the review of the decision of the administrator. All such petitions for review shall be filed with the administrator within thirty (30) days from the date of the decision for which review is sought. All such petitions shall specify the grounds upon which the petitioner is aggrieved.

(A)

Any request by an applicant to amend conditions that were voluntarily proffered and accepted by the board shall be considered an amendment to the zoning ordinance, and shall be reviewed pursuant to the provisions contained in Section 30-14.

(B)

There shall be no amendment or variation of conditions created pursuant to the provisions of this ordinance until after a public hearing by the commission and board advertised pursuant to the provisions of section 15.2-2204 of the Code of Virginia, as amended. However, where an amendment does not affect conditions of use or density, a local governing body may waive the requirement for a public hearing. The cost of all public advertisements shall be the responsibility of the applicant.

(Ord. No. 042799-11, § 1a., 4-27-99; Ord. No. 052411-9, § 1, 5-24-11)

(A)

The procedures and standards contained in this section shall apply to all uses specifically permitted as special uses in the district regulations found elsewhere in this ordinance.

(B)

This category of uses known as special uses is established in recognition that in addition to uses permitted by right, certain uses may, depending upon their scale, design, location, and conditions imposed by the board, be compatible with existing and future uses in a district. The board reserves unto itself the right to issue special use permits.

(C)

The review and subsequent approval, conditional approval, or disapproval of a special use permit by the board is a legislative act, and shall be governed by the procedures thereof.

(Ord. No. 091019-4, § 1, 9-24-20)

(A)

In considering their recommendations and in making the final decision of whether to grant, deny, or impose conditions on a special use permit, the administrator, planning commission, and the board shall give the following factors reasonable consideration. The applicant should address all of the following in its statement of justification or concept plan if applicable, in addition to any other standards imposed by this ordinance:

1.

Whether the proposed use is consistent with the comprehensive plan.

2.

The compatibility of the proposed use with other existing or proposed uses in the neighborhood or on adjacent parcels.

3.

The location, area, footprint, nature, and height of existing or proposed buildings, structures, walls, and fences on the site and in the neighborhood.

4.

The timing and phasing of the proposed development and the duration of the proposed use.

5.

Whether the proposed use will contribute to or promote the welfare or convenience of the public.

6.

The traffic expected to be generated by the proposed use, the adequacy of access roads and the vehicular and pedestrian circulation elements (both on-site and off-site) of the proposed use, all in relation to the public's interest in pedestrian and vehicular safety, efficient traffic movement, and access for public safety.

7.

Whether the proposed use will be served adequately by essential public facilities and services, including public and private utility facilities.

8.

Whether the proposed use will provide desirable employment and enlarge the tax base encouraging economic development activities consistent with the comprehensive plan.

9.

Whether the proposed use considers the needs of agriculture, industry, and businesses in future growth.

10.

For residential uses, the impact on the affordability of housing in accordance with state law.

11.

The proposed days or hours of the operation.

12.

The impact of the proposed use on environmentally sensitive land or natural features, wildlife habitat and vegetation, water quality, and air quality.

13.

The impact of the proposed use on any topographic or physical, natural, scenic, archaeological, or historic feature of significant importance.

14.

Any other matter reasonably related to the public health, safety, and general welfare.

In granting a special use permit, the administrator and planning commission may recommend and the board may attach any conditions necessary to ensure that the proposal meets the specific and general standards for the proposed use, as well as the general purpose and intent of this chapter.

(B)

Where warranted, for the purpose of compliance with the general standards for special uses, such conditions may exceed the specific standards for the use found elsewhere in this ordinance.

(C)

The issuance of a special use permit shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration, or moving of any building or structure, but shall merely authorize the preparation, filing, and processing of applications for any permits or approvals which may be required by law, including, but not limited to, a building permit, a certificate of occupancy, site plan and subdivision approval, and a zoning permit, as appropriate.

(Ord. No. 42694-12, § 1, 4-26-94; Ord. No. 042799-11, § 1f., 4-27-99; Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 091019-4, § 1, 9-24-20)

(A)

An application for a special use permit may be initiated by:

1.

Resolution of the board; or

2.

Motion of the commission; or

3.

Petition of the owner, contract purchaser with the owner's written consent, or the owner's agent, of the property for which a special use permit is requested.

(B)

The applicant for a special use permit shall provide information and/or data to demonstrate that the proposed use will be consistent with the purposes of the specific zoning district in which it will be located. Further, the applicant shall have the responsibility to demonstrate that the proposed use will not have an adverse impact on neighboring properties and the public that exceeds an impact which would be caused by those uses permitted by right in terms of the public health, safety, or general welfare.

(C)

All applications submitted for special use permits shall include a concept plan showing the nature and extent of the proposed use and development. If the proposed development is to be constructed in phases, all phases shall be shown on the concept plan.

(D)

The administrator shall establish and maintain the special use permit application materials. At a minimum these materials shall require the submittal of a concept plan.

(Ord. No. 042799-11, § 1d., 4-27-99; Ord. No. 091019-4, § 1, 9-24-20; Ord. No. 020921-8, § 1, 2-9-21)

(A)

Upon submission of an application for a special use permit to the administrator, including any application fee, the administrator shall, within ten (10) days, determine whether it is substantially complete. If the application is not substantially complete, then the administrator shall notify the applicant in writing of the materials that must be submitted to complete the application. Nothing herein shall be construed to prohibit the administrator, planning commission, or board from requesting, or the applicant from submitting, such other and further information as may be necessary to analyze the application fully.

(B)

The administrator shall transmit the application to the planning commission, along with a staff report analyzing and making a recommendation on the application. The planning commission shall hold a public hearing and make a recommendation on the application, including recommendations of such changes and conditions as it might deem appropriate, not later than one hundred (100) days following its next meeting following submission of a complete application to the administrator, unless such time period is extended by written agreement between the applicant and the planning commission.

(C)

The planning commission shall transmit its recommendation to the board of supervisors. The administrator may revise any staff report previously submitted to the planning commission and make a recommendation to the board. The board shall hold a public hearing and make a final decision on the application, including making appropriate changes to the application and imposition of conditions thereon, not later than twelve (12) months following submission of a complete application to the administrator, unless such time period is extended by written agreement of the applicant.

(Ord. No. 042799-11, § 1a., d., e., 4-27-99; Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 091019-4, § 1, 9-24-20)

(A)

A special use permit application may be put on hold upon written request of the applicant at any time. This hold shall not exceed six (6) months. The applicant shall make a written request to the zoning administrator to reactivate the special use permit application. Should the application not be reactivated, it shall be considered withdrawn and subject to the requirements of (D) below.

(B)

Any special use permit granted shall be null and void two (2) years after approval by the board if the use or development authorized by the permit is not commenced to a degree that, in the opinion of the administrator, clearly establishes the intent to utilize the granted special use permit in a period of time deemed reasonable for the type and scope of improvements involved.

(C)

Special uses which are approved by the board shall run with the land, except that:

1.

Activities or uses approved by a special use permit which are discontinued for a period of more than two (2) consecutive years shall not be reestablished on the same property unless a new special use permit is issued in accord with this ordinance.

2.

A special use permit shall be void, if at the time of the commencement of the authorized use, activity, or structure, the site for which the permit has been granted contains other uses or activities not in place at the time of the issuance of the special use permit.

(D)

If any special use permit application is withdrawn at the request of the applicant subsequent to the commission's recommendation on the permit, or if the board denies any application submitted for its review, the county shall not consider any application for the same special use, on the same property, within one year of the permit withdrawal or the board's action.

(Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 091019-4, § 1, 9-24-20; Ord. No. 020921-8, § 1, 2-9-21)

(A)

Administrative review fees for permits and procedures specified by this ordinance shall be established by the board. A schedule of these fees is available in the department of development services.

(Ord. No. 042799-11, § 1d., 4-27-99; Ord. No. 020921-8, §1, 2-9-21)

(A)

The administrator shall have the responsibility for enforcing the provisions of this ordinance. The administrator may, as necessary, solicit the assistance of other local and state officials and agencies to assist with this enforcement.

(B)

Property owners, permit applicants, and/or establishment owners/managers, as applicable, shall be notified in writing via certified mail of violations of the provisions of this ordinance. If an attempt to notify the appropriate party via certified mail is unsuccessful, then a notice of violation shall be posted on the property. The administrator shall, in the notice of violation, state the nature of the violation, the date that it was observed, and the remedy or remedies necessary to correct the violation. The administrator may establish a reasonable time period for the correction of the violation, however in no case shall such time period exceed thirty (30) days from the date of the delivery, mailing or posting of the notice, except that the administrator may allow a longer time period to correct the violation if the correction would require the structural alteration of a building or structure.

(C)

If the administrator is not able to obtain compliance with these provisions in accordance with the procedures outlined above, civil and/or criminal procedures may be initiated in accordance with county law.

(Ord. No. 102301-9, 10-23-01; Ord. No. 052411-9, § 1, 5-24-11; Ord. No. 111213-15, § 1, 11-12-13)

(A)

Any violation of any provision of this ordinance shall be a misdemeanor punishable by a fine of not less than ten dollars ($10.00) nor more than two thousand five hundred dollars ($2,500.00). Each day a violation exists shall constitute a separate offense.

(Ord. No. 042799-11, § 2, 4-27-99)

(A)

Violation of the following scheduled provisions of this ordinance shall be deemed an infraction and shall be punishable by a civil penalty of two hundred dollars ($200.00) for the initial summons and five hundred dollars ($500.00) for each additional summons.

1.

Section 30-93, signs; except for provisions relating to the posting of signs on public property, or public rights-of-way.

2.

(RESERVED).

(B)

Each day during which any violation of the provisions scheduled above is found to have existed shall constitute a separate offense. However, in no event shall any such violation arising from the same set of operative facts be charged more frequently than once in any ten-day period, nor shall any such violation arising from the same set of operative facts result in civil penalties which exceed a total of five thousand dollars ($5,000.00).

(C)

The designation of a particular violation of this ordinance as an infraction under this section shall preclude the prosecution of such as a criminal misdemeanor, except for any violation resulting in injury to any person or persons, which may be so prosecuted as well.

(D)

The administrator shall notify by summons a person committing or suffering the existence of an infraction by certified, return receipt requested mail, of the infraction. The Roanoke County Sheriff's Office may also deliver the summons. The summons shall contain the following information:

1.

The name and address of the person charged.

2.

The nature of the infraction and the ordinance provision(s) being violated.

3.

The location, date, and time that the infraction occurred, or was observed.

4.

The amount of the civil penalty assessed for the infraction.

5.

The manner, location, and time that the civil penalty may be paid to the county.

6.

The right of the recipient of the summons to elect to stand trial for the infraction and the date of such trial.

(E)

The summons shall provide that any person summoned for a violation may, within fourteen (14) days from the date of mailing of the summons, elect to pay the civil penalty by making an appearance in person, or in writing by mail to the Roanoke County Treasurer's Office at least seventy-two (72) hours prior to the time and date fixed for trial and, by such appearance, may enter a waiver of trial, admit liability, and pay the civil penalty established for the violation charged. Such summons shall inform the persons summoned of their right to stand trial for the violation charged and provide that a signature to an admission of liability shall have the same force and effect as a judgement in court; however, an admission shall not be deemed a criminal conviction for any purpose.

(F)

If a person charged with a violation does not elect to enter a waiver of trial and admit liability, the county shall cause the Sheriff of Roanoke County to serve the summons on the person charged in the manner prescribed by law. The violation shall be tried in General District Court in the same manner and with the same right of appeal as provided for in Title 8.01 of the Code of Virginia. In any trial for a scheduled violation authorized by this section, it shall be the burden of the county to show the liability of the violator by a preponderance of the evidence. An admission of liability, or finding of liability shall not be a criminal conviction for any purpose.

(G)

The remedies provided for in this section are cumulative, and are not exclusive and, except as provided above, shall be in addition to any other remedies provided by law.

(H)

The provisions of this section shall supplement the provisions of Section 30-24 et seq. of this ordinance dealing with the board of zoning appeals. Use of these provisions shall stay any proceeding under this section.

(Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 111108-13 § 1, 11-11-08)

(A)

Within the zoning districts established by this ordinance, or by future amendments which may later be adopted, or by legitimate and legal actions taken by the board of supervisors or any other governmental agency, there exist, or may exist lots, parcels, structures, uses of land and structures, and characteristics of site design and/or use, which were lawful before this ordinance was adopted or amended, but which would be prohibited under the terms of this ordinance, or future amendment. Such structures, uses, and characteristics, or any combination thereof, are considered nonconformities, and are hereby declared by the board to be inconsistent with the character of the districts in which they occur.

(B)

Nonconformities are permitted to remain until removed, discontinued, or changed to conform to the provisions of this ordinance. It is the intent of this ordinance that the continuance of nonconformities should not be indefinite, and that the nonconforming uses, structures, or characteristics should gradually be removed.

(C)

Nothing shall be construed to grant conforming status to uses or structures that existed as legal nonconforming uses prior to the adoption of this section or amendment thereto, unless such uses and structures now conform to all applicable provisions of this ordinance.

(Ord. No. 042799-11, § 2, 4-27-99; Ord. No. 101210-4, § 1, 10-12-10)

(A)

Nothing in this ordinance shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of this ordinance, or amendments thereto, and upon which actual building construction was carried out diligently. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing building has begun in preparation for rebuilding, such activities shall be deemed actual construction provided the work has been carried out diligently.

(Ord. No. 101210-4, § 1, 10-12-10)

(A)

Where, at the effective date of this ordinance, or amendment thereto, lawful use exists of buildings, structures or land, individually or in combination, which use is no longer permissible under the terms of this ordinance as enacted or amended, such use may be continued provided:

1.

The use is not discontinued for more than two (2) years, or;

2.

The use is not converted or replaced, in whole or in part, by a use permitted in the district regulations, or;

3.

The buildings or structures containing the nonconforming use are maintained in their then structural condition.

(B)

No nonconforming use shall be enlarged, intensified or increased, nor intensified to occupy a larger structure or building than was occupied at the effective date of adoption or subsequent amendment of this ordinance, with the exception that an existing, nonconforming, single-family residential structure and use in a commercial or industrial zoning district shall be allowed a 50 percent increase (either one time or cumulative) in the square footage of the use or structure in existence at the time of the adoption of this ordinance.

(C)

No nonconforming use shall be moved in whole or in part to any portion of the lot or parcel unoccupied by such use at the time of the adoption or subsequent amendment of this ordinance.

(D)

No building or structure not conforming to the requirements of this ordinance shall be erected in connection with the nonconforming use of land.

(E)

Where nonconforming use status applies to a building or structure, removal of the building or structure shall eliminate the nonconforming status of the building or structure or land.

(F)

Any legally established use which existed prior to the adoption of this ordinance, or any subsequent amendments, shall not be considered a nonconforming use where a special use permit is now required for establishment of such use. The use shall be allowed to continue operation, as well as reconstruct or structurally alter the building or structure without the necessity of obtaining a special use permit. However, approval of a special use permit shall be required, in accordance with Section 30-19, when either of the conditions below are present, in the opinion of the zoning administrator.

a.

There is a ten (10) percent or greater net increase in the square footage of the use or structure proposed for expansion or enlargement; or

b.

The expansion or enlargement will substantially alter the site design and layout as it relates to circulation, parking or other site characteristics so as to adversely affect surrounding properties.

c.

This section shall not apply to broadcasting towers and associated antenna allowed by right as set forth in section 30-87-2(B).

(G)

A manufactured home park legally established prior to June 1, 1986 that is not designated with the R-MH overlay district shall be allowed to continue operation in conformance with the provisions contained in section 30-82-9(L) provided the use as a park has not been discontinued for a period of more than two (2) years.

(H)

Notwithstanding (A) through (G) above, a nonconforming manufactured home existing on an individual lot of record that has served as an active dwelling for at least six (6) months may be replaced with another manufactured home provided:

(1)

The replacement home is installed on the lot within two (2) years of the removal of the home to be replaced, and;

(2)

The replacement home is installed in approximately the same location on the lot, and is installed to comply with the district setback regulations for principal structures, and;

(3)

The installation of the replacement home complies with the use and design standards for manufactured homes contained in section 30-82-5(B).

(I)

If a non-conforming residential or commercial building or structure is damaged or destroyed by a natural disaster or other act of God, such building or structure may be repaired, rebuilt or replaced to eliminate or reduce the non-conforming features to the extent possible without the need to obtain a variance. If such building or structure is damaged greater than fifty (50) percent and cannot be repaired, rebuilt or replaced except to restore it to its original non-conforming condition, then the owner shall have the right to do so. The owner shall apply for a building permit and any work done to repair, rebuild or replace such building or structure shall be in compliance with the Uniform Statewide Building Code and the County's floodplain regulations. Unless such building or structure is repaired, rebuilt or replaced within two (2) years of the date of natural disaster or other act of God, such building or structure shall only be repaired, rebuilt or replaced in accordance with the provisions of this ordinance. If the non-conforming building is in an area under federal disaster declaration and it has been damaged or destroyed as of a direct result of conditions that gave rise to the declaration, then the owner shall have an additional two (2) years to repair, rebuild or replace the building or structure.

(Ord. No. 62293-12, § 1, 6-22-93; Ord. No. 42694-12, § 1, 4-26-94; Ord. No. 82394-10, § 1, 8-23-94; Ord. No. 62795-10, § 1, 6-27-95; Ord. No. 042799-11, § 2, 4-27-99; Ord. No. 111301-11, § 1, 11-13-01; Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 101210-4, § 1, 10-12-10; Ord. No. 052411-9, § 1, 5-24-11)

(A)

Where a lawful building or structure exists at the time of passage or amendment of this ordinance, which could not be built under the terms of this ordinance by reason of restrictions on area, bulk, lot coverage, height, yards, or other characteristics of the building or structure, or its location on a lot, such building or structure may be continued so long as it remains otherwise lawful provided:

1.

No building or structure shall be enlarged in any way which increases or extends its nonconformity.

2.

Any building or structure which is moved for any reason or for any distance, shall thereafter conform to the regulations for the district in which it is located after it is moved.

(Ord. No. 111301-11, § 1, 11-13-01; Ord. No. 101210-4, § 1, 10-12-10)

(A)

If a zoning permit is requested for any type of modification to an existing structure or site, no legal non-conforming site design planned, approved and constructed prior to the adoption of this ordinance shall be required to comply in full with the provisions of this ordinance. Only those site improvements directly related to or affected by the modified use, structure or activity shall be required to comply in full with the provisions of this ordinance.

(Ord. No. 101210-4, § 1, 10-12-10)

(A)

A lot of record that is nonconforming due to lack of adequate frontage, width, depth, or area may be developed, provided the development proposed on the lot is in accordance with the applicable use and design standards contained in the district regulations.

(B)

Any lot of record that is nonconforming because it has no public street frontage may be developed, or an existing structure on the lot may be expanded, provided the county reviews and grants a special use permit for the proposed development, expansion, and use in accord with the standards and procedures contained in section 30-19 of this ordinance. This provision shall not apply to the use and development of such parcels for any agricultural and forestry use type, or for single family or two family dwellings.

(Ord. No. 42694-12, § 1, 4-26-94; Ord. No. 101210-4, § 1, 10-12-10)

(A)

The Board of Zoning Appeals (BZA) shall consist of five (5) members who shall be appointed by the board. Each member shall be appointed for a five-year term. Composition of the BZA shall be in accord with Acts of Assembly 1989, Chapter 119, as amended. The BZA shall have the right, as provided for in this ordinance, to exercise all of the powers and duties authorized by the Roanoke County Charter, as amended.

(B)

The BZA shall develop, adopt and maintain by-laws that govern its operation.

(A)

The BZA shall have the power and duty to hear and decide appeals from any written order, requirement, decision, or determination made by any administrative officer in the administration or enforcement of this ordinance. No such appeal shall be heard except after notice and hearing as provided by section 15.2-2204 of the Code of Virginia, as amended.

(B)

Notwithstanding any other provision of law, general or special, to grant upon appeal or original application in specific cases a variance as defined in § 15.2-2201, provided that the burden of proof shall be on the applicant for a variance to prove by a preponderance of the evidence that his application meets the standard for a variance as defined in § 15.2-2201 and the criteria set out in this section.

Notwithstanding any other provision of law, general or special, a variance shall be granted if the evidence shows that the strict application of the terms of the ordinance would unreasonably restrict the utilization of the property or that the granting of the variance would alleviate a hardship due to a physical condition relating to the property or improvements thereon at the time of the effective date of the ordinance, and:

1.

The property interest for which the variance is being requested was acquired in good faith and any hardship was not created by the applicant for the variance;

2.

The granting of the variance will not be of substantial detriment to adjacent property and nearby properties in the proximity of that geographical area;

3.

The condition or situation of the property concerned is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the ordinance;

4.

The granting of the variance does not result in a use that is not otherwise permitted on such property or a change in the zoning classification of the property; and

5.

The relief or remedy sought by the variance application is not available through a special use permit process that is authorized in this ordinance at the time of the filing of the variance application.

No variance request shall be considered by the BZA until after notice and hearing as provided by section 15.2-2204 of the Code of Virginia, as amended. In addition, posting of the property shall be required as provided for in section 30-14-3 of this chapter.

In granting a variance, the BZA may impose such conditions regarding the location, character and other features of the proposed structure or use as it may deem necessary in the public interest, and may require a guarantee or bond to ensure that the conditions imposed are being and will continue to be complied with.

(C)

The BZA shall have the power and duty to hear and decide appeals from any written decision of the administrator. No such appeal shall be heard except after notice and hearing as provided by section 15.2-2204 of the Code of Virginia, as amended.

(D)

The BZA shall have the power and duty to hear and decide applications for interpretation of the official zoning map where the administrator believes there is uncertainty as to the location of a district boundary. No such determination shall be made except after notice and hearing as provided by section 15.2-2204 of the Code of Virginia, as amended. Any property owner affected by a determination of the location of the boundary must be notified by first class mail prior to any such determination. After notice and hearing the BZA may interpret the map in such a way to carry out the intent and purpose of this ordinance, however the BZA shall not have the power to change substantially the locations of the district boundaries as established by this ordinance. This authority of the BZA to determine the location of district boundaries shall not be construed as the power to rezone property.

(Ord. No. 042799-11, § 1a., 4-27-99; Ord. No. 052411-9, § 1, 5-24-11; Ord. No. 062816-4, § 1, 6-28-16)

(A)

Applications for variances may be made by any property owner, tenant, government official, department, board or bureau of the county. All applications shall be submitted to the administrator in accordance with rules adopted by the BZA. All applications and accompanying maps, plans or other information shall be transmitted promptly to the secretary of the BZA who shall place the application on the agenda to be acted upon by the BZA, within ninety (90) days of the filing of the application. No such application shall be heard except after notice and hearing as provided by section 15.2-2204 of the Code of Virginia, as amended. The administrator may, and at the direction of the commission shall, transmit notice of the variance application to the commission, which may send a recommendation to the BZA, or appear as a party at the hearing.

(B)

The BZA shall not consider substantially the same request for one (1) year, unless it is the subject of a motion to re-hear.

(Ord. No. 052411-9, § 1, 5-24-11)

(A)

Appeals to the BZA may be taken by any person aggrieved or by an officer, department, board, or bureau of the county affected by any decision of the administrator, or from any order, requirement, decision, or determination made by any other administrative officer in the administration or enforcement of this ordinance. Appeals must be made within thirty (30) days after the entry of the decision appealed from by filing with the administrator and with the BZA, a notice of appeal, specifying the grounds thereof.

(B)

An appeal period of ten (10) days may be made for a notice of violation involving temporary or seasonal commercial uses, parking of commercial trucks in residential zoning districts, maximum occupancy limitations of a residential dwelling unit, or similar short-term, recurring violations.

(C)

The administrator shall forthwith transmit to the BZA all of the papers constituting the record upon which the action appealed from was taken. An appeal shall stay all proceedings in furtherance of the action appealed from unless the administrator certifies to the BZA that by reason of facts stated in the certificate a stay would cause imminent peril to life or property. In such cases, proceedings shall not be stayed unless a restraining order is granted by the BZA, or by a court of record, on application and on notice to the administrator and for good cause shown.

(Ord. No. 052411-9, § 1, 5-24-11)

(A)

The BZA shall fix a reasonable time for the hearing of an appeal, give public notice thereof, as well as due notice to all parties of interest, and decide the same within ninety (90) days of the filing of the appeal. In exercising its power, the BZA may reverse or affirm, wholly or partly, or may modify an order, requirement, decision, or determination appealed from.

(B)

The concurring vote of the majority of the BZA shall be necessary to reverse any order, decision, requirement, or determination of an administrative officer, or to decide in favor of the applicant on any matter upon which the BZA is required to pass under the terms of this ordinance, or to effect any variance from this ordinance.

(C)

The BZA shall keep minutes of its proceedings and other official actions which shall be filed in the department of development services. All records shall be public records. The chairman of the BZA, or in his absence, the acting chairman, may administer oaths, and compel the attendance of witnesses.

(Ord. No. 042799-11, § 1, 4-27-99)

(A)

Any person jointly or separately aggrieved by any decision of the BZA, or any taxpayer or any officer, department, board or bureau of the county, may present to the circuit court of the county a petition specifying the grounds on which aggrieved. This petition must be filed within thirty (30) days of the BZA's decision.

(B)

Upon the presentation of such petition, the court shall allow a writ of certiorari to review the decision of the BZA and shall prescribe therein the time within which a return thereto must be made and served upon the relator's attorney, which shall not be less than ten (10) days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the BZA and on due cause shown, grant a restraining order.

(C)

The BZA shall not be required to return the original papers acted upon by it but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds appealed from and shall be verified.

(D)

The court may reverse or affirm, wholly or in part, or may modify the decision brought up for review.

(E)

Costs shall not be allowed against the BZA, unless it shall appear to the court that it acted in bad faith or with malice in making the decision appealed from. In the event the decision of the BZA is affirmed, and the court finds that the appeal was frivolous, the court may order the person or persons who requested the issuance of the writ of certiorari to pay the costs incurred in making a return of the record pursuant to the writ of certiorari.

(Ord. No. 062816-4, § 1, 6-28-16)