Roanoke County Unincorporated
City Zoning Code

ARTICLE III

- DISTRICT REGULATIONS

Sec. 30-32-1.- Purpose.

(A)

The AG-3, agricultural/rural preserve district consists of land primarily used as farmland, woodlands, and widely scattered residential development located within the rural service area. Also found in these areas are lands with steep slopes, and groundwater recharge areas. Many of the county's unique natural and scenic resources are found in this district. The purpose of this district is to maintain these areas essentially in their rural state, and attempt to protect sensitive and unique land resources from degradation as recommended in the rural preserve land use category of the comprehensive plan. This may be accomplished by maintaining the existing agricultural lands and preventing the encroachment of incompatible land uses. Non-farm residents should recognize that they are located in an agricultural environment where the right-to-farm has been established as county policy. This district is also intended to minimize the demand for unanticipated public improvements and services, such as public sewer and water, by reducing development densities and discouraging large scale development.

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

Sec. 30-32-2.- Permitted Uses.

(A)

The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses.

Agricultural and Forestry Uses.

Agriculture

Agritourism *

Farm Brewery *

Farm Distillery *

Farm Employee Housing *

Farm Winery *

Forestry Operations *

Stable, Commercial *

Stable, Private

Wayside Stand *

Residential Uses.

Accessory Apartment *

Home Beauty/Barber Salon *

Home Occupation, Type II *

Manufactured Home *

Manufactured Home, Accessory *

Manufactured Home, Emergency *

Multiple Dog Permit *

Residential Human Care Facility

Single-Family Dwelling, Detached

Civic Uses.

Community Recreation *

Family Day Care Home *

Park and Ride Facility *

Public Parks and Recreational Areas *

Religious Assembly *

Safety Services *

Utility Services, Minor

Commercial Uses.

Agricultural Services

Bed and Breakfast *

Kennel, Commercial *

Short-Term Rental *

Veterinary Hospital/Clinic

Industrial Uses.

Custom Manufacturing *

Miscellaneous Uses.

Amateur Radio Tower *

Wind Energy System, Small*

Wireless Communication Facility, Class 1 *

Wireless Communication Facility, Class 2 *

(B)

The following uses are allowed only by special use permit pursuant to section 30-19. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses.

Agricultural Uses.

Commercial Feedlots *

Residential Uses.

Alternative Discharging Sewage Systems *

Civic Uses.

Camps *

Cemetery *

Correctional Facilities

Day Care Center *

Utility Services, Major *

Commercial Uses.

Antique Shops *

Bed and Breakfast Inn *

Campgrounds *

Country Inn *

Golf Course *

Special Events Facility *

Studio, Fine Arts

Industrial Uses.

Composting *

Landfill, Construction Debris *

Landfill, Rubble *

Landfill, Sanitary *

Resource Extraction *

Miscellaneous Uses.

Aviation Facilities, Private *

Broadcasting Tower *

Outdoor Gatherings *

Shooting Range, Outdoor *

Wind Energy System, Large*

Wind Energy System, Utility*

Wireless Communication Facility, Class 3*

(Ord. No. 42793-20, § II, 4-27-93; Ord. No. 62293-12, § 8, 6-22-93; Ord. No. 82493-8, § 2, 8-24-93; Ord. No. 42694-12, § 7, 4-26-94; Ord. No. 62795-10, 6-27-95; Ord. No. 042799-11, § 2, 4-27-99; Ord. No. 072605-7, § 1, 7-26-05; Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 052609-22, § 1, 5-26-09; Ord. No. 030811-1, § 1, 3-8-11; Ord. No. 091311-7, § 1, 9-13-11; Ord. No. 111213-15, § 1, 11-12-13; Ord. No. 062816-4, § 1, 6-28-16; Ord. No. 082818-8, § 1, 8-28-18; Ord. No. 091019-4, § 1, 9-24-20; Ord. No. 020921-8, § 1, 2-9-21; Ord. No. 072225-9, § 1, 7-22-25)

Sec. 30-32-3.- Site Development Regulations.

General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Use and Design Standards.

(A)

Minimum lot requirements.

All lots, regardless of sewer and water provisions:

Area: 3 acres (130,680 square feet).

Frontage: 200 feet on a publicly owned and maintained street.

Maximum width to depth ratio: 1 to 5 (W to D) on streets in existence prior to the adoption of this ordinance.

(B)

Minimum setback requirements.

Front yard:

Principal structures: 50 feet.

Accessory structures: Behind the front building line.

Side yard:

Principal structures: 25 feet.

Accessory structures: 25 feet behind front building line or 10 feet behind rear building line.

Rear yard:

Principal structures: 35 feet.

Accessory structures: 10 feet.

Where a lot fronts on more than one street, front yard setbacks shall apply to all streets.

Where the principal structure is more than 150 feet from the street, accessory buildings may be located 150 feet from the street and 25 feet from any side property line.

(C)

Maximum height of structures.

All structures: 45 feet.

(D)

Maximum coverage.

Building coverage: 10 percent of the total lot area.

Lot coverage: 20 percent of the total lot area.

(Ord. No. 62293-12, § 10, 6-22-93; Ord. No. 111213-15, § 1, 11-12-13)

Sec. 30-33-1.- Purpose.

(A)

The AG-1, agricultural/rural low density district consists of land primarily used as farmland, woodlands, and scattered residential development located within the rural service area. Also found in these areas are lands with steep slopes, and groundwater recharge areas. Many of the county's unique natural and scenic resources are also found in this district. The purpose of this district is to encourage these areas to remain in their rural state, and protect sensitive and unique land resources from degradation, consistent with the recommendations of the comprehensive plan for the rural preserve areas. This may be accomplished by maintaining the existing agricultural lands and preventing the encroachment of incompatible land uses, while allowing development to occur at a reasonable density. Non-farm residents should recognize that they are located in an agricultural environment where the right-to-farm has been established as county policy. This district is also intended to minimize the demand for unanticipated public improvements and services, such as public sewer and water, by reducing development densities and discouraging large scale development.

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

Sec. 30-33-2.- Permitted Uses.

(A)

Agricultural and Forestry Uses.

Agriculture

Agritourism *

Farm Brewery *

Farm Distillery *

Farm Employee Housing *

Farm Winery *

Forestry Operations *

Stable, Commercial *

Stable, Private *

Wayside Stand *

Residential Uses.

Accessory Apartment *

Home Beauty/Barber Salon *

Home Occupation, Type II *

Manufactured Home *

Manufactured Home, Accessory *

Manufactured Home, Emergency *

Multiple Dog Permit *

Residential Human Care Facility

Single-Family Dwelling, Detached

Civic Uses.

Community Recreation *

Family Day Care Home *

Park and Ride Facility *

Public Parks and Recreational Areas *

Religious Assembly *

Safety Services *

Utility Services, Minor

Commercial Uses.

Bed and Breakfast *

Short-Term Rental *

Veterinary Hospital/Clinic

Miscellaneous Uses.

Amateur Radio Tower *

Wind Energy System, Small*

Wireless Communication Facility, Class 1 *

Wireless Communication Facility, Class 2 *

(B)

Agricultural and Forestry Uses.

Commercial Feedlots *

Residential Uses

Alternative Discharging Sewage Systems *

Civic Uses.

Camps *

Cemetery *

Day Care Center *

Utility Services, Major *

Commercial Uses.

Agricultural Services *

Antique Shops *

Bed and Breakfast Inn *

Campgrounds *

Country Inn *

Golf Course *

Kennel, Commercial *

Special Events Facility *

Studio, Fine Arts

Industrial Uses.

Composting *

Custom Manufacturing *

Landfill, Construction Debris *

Landfill, Sanitary *

Resource Extraction *

Miscellaneous Uses.

Aviation Facilities, Private *

Broadcasting Tower *

Outdoor Gatherings *

Shooting Range, Outdoor *

Wind Energy System, Large*

Wind Energy System, Utility*

Wireless Communication Facility, Class 3 *

(Ord. No. 42793-20, § II, 4-27-93; Ord. No. 62293-12, § 8, 6-22-93; Ord. No. 82493-8, § 2, 8-24-93; Ord. No. 42694-12, § 7, 4-26-94; Ord. No. 62795-10, 6-27-95; Ord. No. 042799-11, § 2, 4-27-99; Ord. No. 072605-7, § 1, 7-26-05; Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 052609-22, § 1, 5-26-09; Ord. No. 030811-1, § 1, 3-8-11; Ord. No. 091311-7, § 1, 9-13-11; Ord. No. 111213-15, § 1, 11-12-13; Ord. No. 062816-4, § 1, 6-28-16; Ord. No. 082818-8, § 1, 8-28-18; Ord. No. 020921-8, § 1, 2-9-21; Ord. No. 072225-9, § 1, 7-22-25)

Sec. 30-33-3.- Site Development Regulations.

General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Use and Design Standards.

(A)

Minimum lot requirements.

All lots, regardless of sewer and water provisions:

Area: 1.5 acres (65,340 square feet).

Frontage: 150 feet on a publicly owned and maintained street.

Maximum width to depth ratio: 1 to 5 (W to D) on streets in existence prior to the adoption of this ordinance.

(B)

Minimum setback requirements.

Front yard:

Principal structures: 30 feet.

Accessory structures: Behind the front building line.

Side yard:

Principal structures: 20 feet.

Accessory structures: 20 feet behind front building line or 10 feet behind rear building line.

Rear yard:

Principal structures: 25 feet.

Accessory structures: 10 feet.

Where a lot fronts on more than one street, front yard setbacks shall apply to all streets.

Where the principal structure is more than 150 feet from the street, accessory buildings may be located 150 feet from the street and 20 feet from any side property line.

(C)

Maximum height of structures.

All structures: 45 feet.

(D)

Maximum coverage.

Building coverage: 20 percent of the total lot area.

Lot coverage: 40 percent of the total lot area.

(Ord. No. 62293-12, § 10, 6-22-93; Ord. No. 111213-15, § 1, 11-12-13)

Sec. 30-34-1.- Purpose.

(A)

These areas are generally characterized by very low density residential and institutional uses mixed with smaller parcels that have historically contained agricultural uses, forest land and open space outside the urban service area. These areas provide an opportunity for rural living in convenient proximity to urban services and employment. Agricultural uses should be encouraged to be maintained. Over time, however, these areas are expected to become increasingly residential in character, with residential development becoming the dominant use over agricultural and more rural type uses. The purpose of this district, consistent with the Rural Village land use category in the comprehensive plan, is to maintain these areas essentially in their rural state, consistent with the level of services anticipated by the county. These areas are generally suitable for low density residential development and other compatible land uses.

(Ord. No. 62795-10, 6-27-95; Ord. No. 042799-11, § 1f., 4-27-99; Ord. No. 042208-16, § 1, 4-22-08)

Sec. 30-34-2.- Permitted Uses.

(A)

Agricultural and Forestry Uses.

Agriculture *

Agritourism *

Farm Brewery *

Farm Distillery *

Farm Winery *

Forestry Operations *

Stable, Commercial *

Stable, Private *

Wayside Stand *

Residential Uses.

Accessory Apartment *

Home Beauty/Barber Salon *

Home Occupation, Type II *

Manufactured Home *

Manufactured Home, Emergency *

Multiple Dog Permit *

Residential Human Care Facility

Single-Family Dwelling, Attached (Cluster Subdivision Option) *

Single-Family Dwelling, Detached (Cluster Subdivision Option) *

Single-Family Dwelling, Detached

Single-Family Dwelling, Detached (Zero Lot Line Option) *

Civic Uses.

Community Recreation *

Family Day Care Home *

Park and Ride Facility *

Public Parks and Recreational Areas *

Religious Assembly *

Utility Services, Minor

Commercial Uses.

Bed and Breakfast *

Short-Term Rental *

Veterinary Hospital/Clinic

Miscellaneous Uses.

Amateur Radio Tower *

Wind Energy System, Small*

Wireless Communication Facility, Class 1 *

Wireless Communication Facility, Class 2 *

(B)

Residential Uses.

Alternative Discharging Sewage Systems *

Civic Uses.

Camps *

Cemetery *

Crisis Center

Day Care Center *

Educational Facilities, Primary/Secondary *

Safety Services *

Utility Services, Major *

Commercial Uses.

Antique Shops *

Golf Course

Kennel, Commercial *

Special Events Facility *

Studio, Fine Arts

Industrial Uses.

Custom Manufacturing *

Resource Extraction *

Miscellaneous Uses.

Broadcasting Tower *

Outdoor Gatherings *

Wireless Communication Facility, Class 3 *

(Ord. No. 42793-20, § II, 4-27-93; Ord. No. 82493-8, § 2, 8-24-93; Ord. No. 42694-12, § 7, 4-26-94; Ord. No. 62795-10, 6-27-95; Ord. No. 042799-11, § 2, 4-27-99; Ord. No. 072605-7, § 1, 7-26-05; Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 052609-22, § 1, 5-26-09; Ord. No. 030811-1, § 1, 3-8-11; Ord. No. 111213-15, § 1, 11-12-13; Ord. No. 062816-4, § 1, 6-28-16; Ord. No. 082818-8, § 1, 8-28-18; Ord. No. 091019-4, § 1, 9-24-20; Ord. No. 020921-8, § 1, 2-9-21; Ord. No. 062723-3, § 1, 6-27-23; Ord. No. 072225-9, § 1, 7-22-25)

Sec. 30-34-3.- Site Development Regulations.

General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Use and Design Standards.

(A)

Minimum lot requirements

Lots served by private well and sewage disposal system:

Area: 1 acre (43,560 square feet)

Frontage: 110 feet on a publicly owned and maintained street.

Lots served by either public sewer or water:

Area: 30,000 square feet

Frontage: 100 feet on a publicly owned and maintained street.

Lots served by both public sewer and water:

Area: 25,000 square feet

Frontage: 90 feet on a publicly owned and maintained street.

(B)

Minimum setback requirements.

Front yard:

Principal structures: 30 feet.

Accessory structures: Behind the front building line.

Side yard:

Principal structures: 15 feet

Accessory structures: 15 feet behind front building line or 10 feet behind rear building line.

Rear yard:

Principal structures: 25 feet

Accessory structures: 10 feet

Where a lot fronts on more than one street, front yard setbacks shall apply to all streets.

Where the principal structure is more than 150 feet from the street, accessory buildings may be located 150 feet from the street and 20 feet from any side property line.

(C)

Maximum height of structures.

All structures: 45 feet

(D)

Maximum coverage.

Building coverage: 25 percent of the total lot area.

Lot coverage: 50 percent of the total lot area.

(Ord. No. 62293-12, § 10, 6-22-93; Ord. No. 111213-15, § 1, 11-12-13)

Sec. 30-36-1.- Purpose.

(A)

The purpose of the AV, agricultural/village center district is to establish areas which will serve as the focal point for cultural and commercial activity of the rural service areas of the county, as envisioned in the comprehensive plan land use category of the same name. The density recommended for these areas is intended to average between one (1) and three (3) units per acre. Small country stores, family restaurants, and similar small service and personal service businesses, in addition to public and institutional buildings such as schools, post offices and places of religious assembly, are commonly found at these crossroad locations. These areas bring a sense of community to the surrounding rural areas, with an emphasis on providing the essential goods and services to rural residents, but are not intended as employment destinations for urban residents. New development should therefore be carefully considered for its compatibility with the surrounding development and the purpose and intent of this district. Any expansion of these areas should be contiguous to existing village center areas to avoid leap-frog commercial development. Similarly additional development may warrant additional public services, such as community sewer and water systems.

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

Sec. 30-36-2.- Permitted Uses.

(A)

Agricultural and Forestry Uses.

Agriculture *

Agritourism *

Farm Brewery *

Farm Distillery *

Farm Winery *

Stable, Private *

Wayside Stand *

Residential Uses.

Accessory Apartment *

Home Beauty/Barber Salon *

Home Occupation, Type II *

Manufactured Home *

Manufactured Home, Emergency *

Multiple Dog Permit *

Residential Human Care Facility

Single-Family Dwelling, Attached *

Single-Family Dwelling, Detached

Two-Family Dwelling *

Civic Uses.

Administrative Services

Clubs *

Community Recreation *

Cultural Services

Day Care Center *

Educational Facilities, Primary/Secondary *

Family Day Care Home *

Halfway House *

Park and Ride Facility *

Post Office

Public Parks and Recreational Areas *

Religious Assembly *

Safety Services *

Utility Services, Minor

Office Uses.

Financial Institutions *

General Office *

Medical Office *

Commercial Uses.

Agricultural Services *

Antique Shops *

Bed and Breakfast *

Consumer Repair Services

Personal Improvement Services

Personal Services

Restaurant, General *

Short-Term Rental *

Studio, Fine Arts

Veterinary Hospital/Clinic

Miscellaneous Uses.

Amateur Radio Tower *

Wind Energy System, Small*

Wireless Communication Facility, Class 1 *

Wireless Communication Facility, Class 2 *

(B)

Agricultural and Forestry Uses.

Stable, Commercial *

Residential Uses.

Alternative Discharging Sewage Systems *

Multi-Family Dwelling *

Townhouse *

Civic Uses.

Adult Care Residences

Cemetery *

Crisis Center

Life Care Facility

Nursing Home

Utility Services, Major *

Commercial Uses.

Automobile Repair Services, Minor *

Automobile Parts/Supply, Retail *

Bed and Breakfast Inn *

Boarding House

Business Support Services

Commercial Outdoor Sports and Recreation

Construction Sales and Services *

Convenience Store *

Country Inn *

Equipment Sales and Rental *

Fuel Center*

Funeral Services

Garden Center *

Gasoline Station *

Kennel, Commercial *

Mini-Warehouse *

Restaurant, Drive In or Fast Food *

Retail Sales *

Special Events Facility *

Industrial Uses.

Construction Yards *

Custom Manufacturing *

Recycling Centers and Stations *

Miscellaneous Uses.

Outdoor Gatherings *

Wireless Communication Facility, Class 3 *

(Ord. No. 42793-20, § II, 4-27-93; Ord. No. 82493-8, § 2, 8-24-93; Ord. No. 62795-10, 6-27-95; Ord. No. 042799-11, § 2, 4-27-99; Ord. No. 072605-7, § 1, 7-26-05; Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 052609-22, § 1, 5-26-09; Ord. No. 030811-1, § 1, 3-8-11; Ord. No. 052411-9, § 1, 5-24-11; Ord. No. 111213-15, § 1, 11-12-13; Ord. No. 062816-4, § 1, 6-28-16; Ord. No. 082818-8, § 1, 8-28-18; Ord. No. 020921-8, § 1, 2-9-21; Ord. No. 011023-4, § 1, 1-10-23; Ord. No. 072225-9, § 1, 7-22-25)

Sec. 30-36-3.- Site Development Regulations.

General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Use and Design Standards.

(A)

Minimum lot requirements.

Lots served by private well and sewage disposal system;

Area: 25,000 square feet

Frontage: 85 feet on a publicly owned and maintained street.

Lots served by either public sewer or water:

Area: 20,000 square feet

Frontage: 75 feet on a publicly owned and maintained street.

Lots served by both public sewer and water:

Area: 15,000 square feet

Frontage: 60 feet on a publicly owned and maintained street.

(B)

Minimum setback requirements.

Front yard:

Principal structures: 30 feet.

Accessory structures: Behind the front building line.

Side yard:

Principal structures: 10 feet

Accessory structures: 10 feet behind front building line or 3 feet behind rear building line.

Rear yard:

Principal structures: 25 feet

Accessory structures: 3 feet

Where a lot fronts on more than one street, front yard setbacks shall apply to all streets.

(C)

Maximum height of structures.

All structures: 45 feet

(D)

Maximum coverage.

Building coverage: 35 percent of the total lot area.

Lot coverage: 75 percent of the total lot area.

(Ord. No. 62293-12, § 10, 6-22-93; Ord. No. 111213-15, § 1, 11-12-13)

Sec. 30-41-1.- Purpose.

(A)

The R-1, low density residential district is established for areas of the county within the urban service area with existing low-middle density residential development, with an average density of from one (1) to three (3) units per acre, and land which appears appropriate for such development. These areas are generally consistent with the neighborhood conservation land use category as recommended in the comprehensive plan. In addition, where surrounding development and the level of public services warrant, these areas coincide with the development category recommended in the plan. This district is intended to provide the highest degree of protection from potentially incompatible uses and residential development of a significantly different density, size, or scale, in order to maintain the health, safety, appearance and overall quality of life of existing and future neighborhoods. In addition to single-family residences, only uses of a community nature which are generally deemed compatible are permitted in this district. This would include parks and playgrounds, schools and other similar neighborhood activities.

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

Sec. 30-41-2.- Permitted uses.

(A)

Agricultural and Forestry Uses.

Stable, Private*

Residential Uses.

Accessory Apartment*

Home Beauty/Barber Salon *

Home Occupation, Type I *

Manufactured Home *

Manufactured Home, Emergency *

Multiple Dog Permit*

Residential Human Care Facility

Single-Family Dwelling, Attached *

Single-Family Dwelling, Attached (Cluster Subdivision Option) *

Single-Family Dwelling, Detached

Single-Family Dwelling, Detached (Cluster Subdivision Option) *

Single-Family Dwelling, Detached (Zero Lot Line Option) *

Civic Uses.

Community Recreation *

Family Day Care Home *

Park and Ride Facility *

Public Parks and Recreational Areas *

Utility Services, Minor

Commercial Uses.

Bed and Breakfast *

Short-Term Rental *

Miscellaneous Uses

Amateur Radio Tower *

Wind Energy System, Small*

(B)

Residential Uses.

Alternative Discharging Sewage System *

Civic Uses.

Cemetery *

Crisis Center

Day Care Center *

Educational Facilities, Primary/Secondary *

Halfway House *

Religious Assembly *

Utility Services, Major *

Commercial Uses.

Golf Course *

Miscellaneous Uses.

Outdoor Gatherings *

Wireless Communication Facility, Class 1 *

Wireless Communication Facility, Class 2 *

(Ord. No. 42793-20, § II, 4-27-93; Ord. No. 62293-12, §§ 3, 8, 6-22-93; Ord. No. 82493-8, § 2, 8-24-93; Ord. No. 62795-10, 6-27-95; Ord. No. 042799-11, § 2, 4-27-99; Ord. No. 042500-9, § II, 4-25-00; Ord. No. 072605-7, § 1, 7-26-05; Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 052609-22, § 1, 5-26-09; Ord. No. 030811-1, § 1, 3-8-11; Ord. No. 052411-9, § 1, 5-24-11; Ord. No. 111213-15, § 1, 11-12-13; Ord. No. 020921-8, § 1, 2-9-21; Ord. No. 011023-4, § 1, 1-10-23; Ord. No. 072225-9, § 1, 7-22-25)

Sec. 30-41-3.- Site Development Regulations.

General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Use and Design Standards.

(A)

Minimum lot requirements.

All lots served by private well and sewage disposal systems:

Area: 0.75 acre (32,670 square feet).

Frontage: 90 feet on a publicly owned and maintained street.

Lots served by either public sewer or water:

Area: 20,000 square feet.

Frontage: 75 feet on a publicly owned and maintained street.

All lots served by both public sewer and water:

Area: 7,200 square feet.

Frontage: 60 feet on a publicly owned and maintained street.

(B)

Minimum setback requirements.

Front yard:

Principal structures: 30 feet.

Accessory structures: Behind the front building line.

Side yard:

Principal structures: 10 feet.

Accessory structures: 10 feet behind front building line or 3 feet behind rear building line.

Rear yard:

Principal structures: 25 feet.

Accessory structures: 3 feet.

Where a lot fronts on more than one street, front yard setbacks shall apply to all streets.

(C)

Maximum height of structures.

Height limitations:

Principal structures: 45 feet.

Accessory structures: 15 feet, or 25 feet provided they comply with the setback requirements for principal structures.

(D)

Maximum coverage.

Building coverage: 35 percent of the total lot area for all buildings and 7 percent for accessory buildings.

Lot coverage: 50 percent of the total lot area.

(Ord. No. 62293-12, § 10, 6-22-93; Ord. No. 42694-12, § 8, 4-26-94; Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 111213-15, § 1, 11-12-13)

Sec. 30-42-1.- Purpose.

(A)

The purpose of the R-2, medium density district is to establish areas in the county within the urban service area where existing low-middle to middle density residential development (one (1) to six (6) units per acre) is primarily located and land areas which appear generally appropriate for such development. These areas are consistent with the neighborhood conservation land use category, and where public services warrant, the development land use category as recommended in the comprehensive plan. This district is intended to provide reasonable protection to existing single family residential neighborhoods, while accommodating a diversity of alternative housing options. These areas are designated based on access to roads, sewer and water, and schools with suitable capacity to accommodate development at the stated density. Older neighborhoods where smaller platted lot sizes exist are also included where opportunities exist for additional in-fill development.

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

Sec. 30-42-2.- Permitted Uses.

(A)

Residential Uses.

Accessory Apartment *

Home Beauty/Barber Salon *

Home Occupation, Type I *

Manufactured Home *

Manufactured Home, Emergency *

Multiple Dog Permit*

Residential Human Care Facility

Single-Family Dwelling, Attached *

Single-Family Dwelling, Attached (Cluster Subdivision Option) *

Single-Family Dwelling, Detached

Single-Family Dwelling, Detached (Cluster Subdivision Option) *

Single-Family Dwelling, Detached (Zero Lot Line Option) *

Two-Family Dwelling *

Civic Uses.

Community Recreation *

Family Day Care Home *

Park and Ride Facility *

Public Parks and Recreational Areas *

Religious Assembly *

Utility Services, Minor

Commercial Uses.

Bed and Breakfast *

Short-Term Rental *

Miscellaneous Uses.

Amateur Radio Tower *

Wind Energy System, Small *

(B)

Residential Uses.

Townhouse *

Civic Uses.

Adult Care Residences

Cemetery *

Crisis Center

Day Care Center *

Educational Facilities, Primary/Secondary *

Halfway House *

Utility Services, Major *

Wireless Communication Facility, Class 1 *

Commercial Uses.

Boarding House

Golf Course *

Miscellaneous Uses.

Outdoor Gatherings *

Wireless Communication Facility, Class 1 *

Wireless Communication Facility, Class 2 *

(Ord. No. 82493-8, § 2, 8-24-93; Ord. No. 62795-10, 6-27-95; Ord. No. 042799-11, § 2, 4-27-99; Ord. No. 042500-9, § II, 4-25-00; Ord. No. 072605-7, § 1, 7-26-05; Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 052609-22, § 1, 5-26-09; Ord. No. 030811-1, § 1, 3-8-11; Ord. No. 052411-9, § 1, 5-24-11; Ord. No. 111213-15, § 1, 11-12-13; Ord No. 092215-9, § 1, 9-22-15; Ord. No. 020921-8, § 1, 2-9-21; Ord. No. 011023-4, § 1, 1-10-23; Ord. No. 072225-9, § 1, 7-22-25)

Sec. 30-42-3.- Site Development Regulations.

General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Use and Design Standards.

(A)

Minimum lot requirements.

All lots served by private well and sewage disposal systems:

Area: 0.75 acre (32,670 square feet).

Frontage: 90 feet on a publicly owned and maintained street.

Lots served by either public sewer or water:

Area: 20,000 square feet.

Frontage: 75 feet on a publicly owned and maintained street.

Lots served by both public sewer and water:

Area: 7,200 square feet.

Frontage: 60 feet on a publicly owned and maintained street.

(B)

Minimum setback requirements.

Front yard:

Principal structures: 30 feet.

Accessory structures: Behind the front building line.

Side yard:

Principal structures: 10 feet.

Accessory structures: 10 feet behind front building line or 3 feet behind rear building line.

Rear yard:

Principal structures: 25 feet.

Accessory structures: 3 feet.

Where a lot fronts on more than one street, front yard setbacks shall apply to all streets.

The expansion of a legally established nonconforming structure into the required side or rear yard shall be permitted provided the expansion does not encroach into the required yard any greater than the existing encroachment.

(C)

Maximum height of structures.

Height limitations:

Principal structures: 45 feet.

Accessory structures: 15 feet, or 25 feet provided they comply with the setback requirements for principal structures.

(D)

Maximum coverage.

Building coverage: 35 percent of the total lot area for all buildings and 7 percent for accessory buildings.

Lot coverage: 50 percent of the total lot area.

(Ord. No. 62293-12, § 10, 6-22-93; Ord. No. 42694-12, § 8, 4-26-94; Ord. No. 111213-15, § 1, 11-12-13)

Sec. 30-45-1.- Purpose.

(A)

The purpose of the R-3, medium density multi-family residential district is to provide areas in the county within the urban service area where existing middle-high density residential development (six (6) to twelve (12) units per acre) has been established and land areas which generally appear to be appropriate for such development. This district is intended to coincide with the development and transition land use categories contained in the comprehensive plan. They are designated based on access to major streets, sewer and water, and schools with suitable capacity to accommodate development at the stated density, and where parcel sizes allow for well-planned residential development. The areas designated in this district are also intended to serve as a buffer between less intensive residential areas and more intensive office, commercial and industrial areas and districts. A variety of housing densities and styles is encouraged in order to permit a diversity and flexibility in design and layout. Additional standards are established to provide for amenities in higher density developments.

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

Sec. 30-45-2.- Permitted Uses.

(A)

Residential Uses.

Accessory Apartment *

Home Beauty/Barber Salon *

Home Occupation, Type I *

Manufactured Home *

Manufactured Home, Emergency *

Multi-Family Dwelling *

Residential Human Care Facility

Single-Family Dwelling, Attached *

Single-Family Dwelling, Attached (Cluster Subdivision Option) *

Single-Family Dwelling, Detached

Single-Family Dwelling, Detached (Cluster Subdivision Option) *

Single-Family Dwelling, Detached (Zero Lot Line Option) *

Townhouse *

Two-Family Dwelling *

Civic Uses.

Community Recreation *

Family Day Care Home *

Park and Ride Facility *

Public Parks and Recreational Areas *

Religious Assembly *

Utility Services, Minor

Commercial Uses.

Boarding House

Miscellaneous Uses.

Amateur Radio Tower *

Wireless Communication Facility, Class 1*

(B)

Civic Uses.

Adult Care Residences

Cemetery *

Crisis Center

Cultural Services

Day Care Center *

Educational Facilities, Primary/Secondary *

Halfway House *

Safety Services *

Utility Services, Major *

Industrial Uses.

Landfill, Rubble *

Miscellaneous Uses.

Outdoor Gatherings *

Wind Energy System, Small*

Wireless Communication Facility, Class 2*

(Ord. No. 62293-12, § 9, 6-22-93; Ord. No. 82493-8, § 2, 8-24-93; Ord. No. 62795-10, 6-27-95; Ord. No. 042799-11, § 2, 4-27-99; Ord. No. 042500-9, § II, 4-25-00; Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 052609-22, § 1, 5-26-09; Ord. No. 030811-1, § 1, 3-8-11; Ord. No. 111213-15, § 1, 11-12-13; Ord. No. 011023-4, § 1, 1-10-23; Ord. No. 072225-9, § 1, 7-22-25)

Sec. 30-45-3.- Site Development Regulations.

General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Use and Design Standards.

(A) Minimum lot requirements.

All lots served by private well and sewage disposal systems:

Area: 0.75 acre (32,670 square feet).

Frontage: 90 feet on a publicly owned and maintained street.

Lots served by either public sewer or water:

Area: 20,000 square feet.

Frontage: 75 feet on a publicly owned and maintained street.

All lots served by both public sewer and water:

Area: 7,200 square feet.

Frontage: 60 feet on a publicly owned and maintained street.

For minimum lot size and permitted densities for multi-family dwellings and townhouses refer to Article IV, Use and Design Standards.

(B) Minimum setback requirements.

Front yard:

Principal structures: 30 feet.

Accessory structures: Behind the front building line.

Side yard:

Principal structures: 10 feet.

Accessory structures: 10 feet behind front building line or 3 feet behind rear building line.

Rear yard:

Principal structures: 25 feet.

Accessory structures: 3 feet.

Where a lot fronts on more than one street, front yard setbacks shall apply to all streets.

Height limitations:

Principal structures:

When adjoining property zoned R-1 or R-2, 45 feet, including rooftop mechanical equipment. The maximum height may be increased, provided each required side and rear yard adjoining the R-1 or R-2 district is increased two (2) feet for each foot in height over forty-five (45) feet to a maximum height of sixty (60) feet. In all other locations, the maximum height is sixty (60) feet (including rooftop mechanical equipment).

ii.

In the study areas of the 419 Town Center Plan, the Hollins Center Plan, and the Oak Grove Center Plan:

(a)

Seventy-five (75) feet (including rooftop mechanical equipment); or

Sixty-five (65) feet (including rooftop mechanical equipment) above the top of structured parking, whichever is greater.

(b)

The maximum height may be increased if a special use permit is granted by the board of supervisors.

Accessory structures: Fifteen (15) feet, or twenty-five (25) feet provided they comply with the setback requirements for principal structures.

(D) Maximum coverage.

Building coverage: Thirty-five (35) percent of the total lot area for all buildings and seven (7) percent for accessory buildings.

Lot coverage: Sixty (60) percent of the total lot area.

(Ord. No. 62293-12, § 10, 6-22-93; Ord. No. 072721-8, § 1, 7-27-21)

Sec. 30-46-1.- Purpose.

(A)

The purpose of the R-4, high density multi-family residential district is to provide areas in the county within the urban service area where existing high density residential development (twelve (12) to twenty-four (24) units per acre) has been established and land areas which generally appear to be appropriate for such development. These areas should serve as a buffer between less intensive and more intensive districts. This district coincides with the recommendations for the transition and core land use categories contained in the comprehensive plan where residential development appears to be appropriate. These areas are designated based on direct access to major streets, and where sewer, water, and schools and other public services have suitable capacity to accommodate development at the stated density. An additional consideration is that the parcel sizes allow for well planned residential development. A variety of housing densities and styles is encouraged in order to permit a diversity and flexibility in design and layout. Additional standards are established to provide for amenities in higher density developments.

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

Sec. 30-46-2.- Permitted Uses.

(A)

Residential Uses.

Accessory Apartment *

Home Beauty/Barber Salon *

Home Occupation, Type I *

Manufactured Home *

Manufactured Home, Emergency *

Multi-Family Dwelling *

Residential Human Care Facility

Single-Family Dwelling, Attached *

Single-Family Dwelling, Attached (Cluster Subdivision Option) *

Single-Family Dwelling, Detached

Single-Family Dwelling, Detached (Cluster Subdivision Option) *

Single-Family Dwelling, Detached (Zero Lot Line Option) *

Townhouse *

Two-Family Dwelling *

Civic Uses.

Community Recreation *

Family Day Care Home *

Park and Ride Facility

Public Parks and Recreational Areas *

Religious Assembly *

Utility Services, Minor

Commercial Uses.

Boarding House

Miscellaneous Uses.

Amateur Radio Tower *

Wireless Communication Facility, Class 1*

(B)

Civic Uses.

Cemetery *

Crisis Center

Cultural Services

Day Care Center *

Educational Facilities, Primary/Secondary *

Halfway House *

Safety Services *

Utility Services, Major *

Industrial Uses.

Landfill, Rubble *

Miscellaneous Uses.

Outdoor Gatherings *

Wind Energy System, Small*

Wireless Communication Facility, Class 2*

(Ord. No. 62293-12, § 9, 6-22-93; Ord. No. 82493-8, § 2, 8-24-93; Ord. No. 62795-10, 6-27-95; Ord. No. 042500-9, § II, 4-25-00; Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 052609-22, § 1, 5-26-09; Ord. No. 030811-1, § 1, 3-8-11; Ord. No. 111213-15, § 1, 11-12-13; Ord. No. 011023-4, § 1, 1-10-23; Ord. No. 072225-9, § 1, 7-22-25)

Sec. 30-46-3.- Site Development Regulations.

General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Use and Design Standards.

(A) Minimum lot requirements.

Lots served by private well and sewage disposal system;

Area: 0.75 acre (32,670 square feet).

Frontage: 90 feet on a publicly owned and maintained street.

Lots served by either public sewer or water:

Area: 20,000 square feet.

Frontage: 75 feet on a publicly owned and maintained street.

Lots served by both public sewer and water:

Area: 7,200 square feet.

Frontage: 60 feet on a publicly owned and maintained street.

For minimum lot size and permitted densities for multi-family dwellings and townhouses refer to Article IV, Use and Design Standards.

(B) Minimum setback requirements.

Front yard:

Principal structures: 30 feet.

Accessory structures: Behind the front building line.

Side yard:

Principal structures: 10 feet.

Accessory structures: 10 feet behind front building line or 3 feet behind rear building line.

Rear yard:

Principal structures: 10 feet.

Accessory structures: 3 feet.

Where a lot fronts on more than one street, front yard setbacks shall apply to all streets.

Height limitations:

Principal structures: When adjoining property zoned R-1 or R-2, 45 feet, including rooftop mechanical equipment. The maximum height may be increased, provided each required side and rear yard adjoining the R-1 or R-2 district is increased 2 feet for each foot in height over 45 feet. In all locations the height is unlimited unless otherwise restricted by this ordinance.

Accessory structures: 15 feet, or 25 feet provided they comply with the setback requirements for principal structures.

(D) Maximum coverage.

Building coverage: 35 percent of the total lot area for all buildings and 7 percent for accessory buildings.

Lot coverage: 75 percent of the total lot area.

(Ord. No. 62293-12, § 10, 6-22-93)

Sec. 30-47-1.- Purpose.

(A)

The purpose of this district is to provide for the development of planned residential communities that incorporate a variety of housing options as well as certain limited commercial and office uses designed to serve the inhabitants of the district. This district is intended to allow greater flexibility than is generally possible under conventional zoning district regulations by encouraging ingenuity, imagination and high quality design to create a superior living environment for the residents of the planned community. Incorporation of significant areas of open space is a primary component of these provisions as a means to maintain critical natural and cultural resources. This is balanced with development at densities which compensate, or in certain situations reward with bonuses, for maintenance of these resources. The PRD district is particularly appropriate for parcels which contain a number of constraints to conventional development. In addition to an improved quality of design, the PRD district creates an opportunity to reflect changes in the technology of land development, provide opportunities for new approaches to home ownership, and provide for an efficient use of land which can result in reduced development costs.

Sec. 30-47-2.- Permitted Uses.

(A)

The following uses are permitted in the planned residential development district. However, no use shall be permitted except in conformity with the uses specifically included in the final master plan approved pursuant to section 30-47-5. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses.

Residential Uses

Home Occupation, Type I *

Multi-family Dwelling

Residential Human Care Facility

Single-Family Dwelling, Attached

Single-Family Dwelling, Detached

Townhouse

Two Family Dwelling

Civic Uses

Community Recreation *

Crisis Center

Day Care Center *

Educational Facilities, Primary/Secondary *

Family Day Care Home *

Park and Ride Facility *

Public Parks and Recreational Areas *

Religious Assembly *

Safety Services *

Utility Services, Major *

Utility Services, Minor

Office Uses.

General Office *

Medical Office *

Commercial Uses

Convenience Store *

Fuel Center*

Gasoline Station *

Golf Course *

Personal Services

Restaurant, General

Miscellaneous Uses

Amateur Radio Tower *

(B)

Other use types which are not listed above and which are determined to be appropriate and compatible with the proposed development and surrounding uses may be permitted in the PRD district where they are specifically proposed in the initial preliminary master plan and approved pursuant to Section 30-47-5.

(Ord. No. 82493-8, § 2, 8-24-93; Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 052609-22, § 1, 5-26-09; Ord. No. 052411-9, § 1, 5-24-11; Ord. No. 111213-15, § 1, 11-12-13)

Sec. 30-47-3.- Site Development Regulations.

(A) Each planned residential development shall be subject to the following site development standards.

Reserved.

Maximum gross density: 5 dwelling units per acre, excluding any density bonuses provided for below.

Minimum common open space and/or recreational areas: 15 percent of the gross area of the PRD district.

Criteria for all open space:

Minimum countable open space: 5,000 contiguous square feet.

Minimum horizontal dimension: 50 feet, except that areas with a horizontal distance of not less than 20 feet shall be counted as open space provided such areas contain facilities such as, but not limited to, bikeways, exercise trails, tot lots, gazebos, picnic tables, etc.

Common open space shall not include proposed street rights-of-way, open parking areas, driveways, or sites reserved for schools or places of religious assembly.

Common open space and/or recreational areas shall be of an appropriate nature and location to serve the residents of the district.

Open space bonus: For each additional 5 percent of open space the maximum gross density specified in (A)2. above shall be increased 2.5 dwelling units per acre. The maximum open space bonus shall be 25 percent.

A 7.5 percent bonus to the gross density may be approved by the administrator when a historic site will be preserved and maintained as an integral part of the development proposal. The historic site must be included in the County Historic Resources Inventory and meet one of the following:

The historic site shall be listed on the Virginia Landmarks Register and the National Register of Historic Places;

The historic site shall have been determined to be eligible for listing on the registers cited in a. above by the State Review Board for Historic Preservation; or,

The historic site shall have been officially designated by the board of supervisors as having county or local significance.

Maximum area for commercial and/or office uses: 10 percent of the gross area of the PRD. In addition, the following standards shall apply:

Commercial and office uses shall be expressly designed for the service and convenience of the PRD;

Commercial and office uses shall be screened and landscaped so as to be compatible with adjoining residences;

Construction of commercial and office uses shall not begin until 25 percent of the residential units of the total PRD have been completed.

Minimum setback requirements shall be specifically established during the review and approval of the Master Plan. The following guidelines shall be used in establishing the building spacing and setbacks:

Building spacing shall provide privacy within each dwelling unit;

Building spacing shall ensure that each room has adequate light and air;

Areas between buildings used as service yards, storage of trash, or other utilitarian purposes should be designed so as to be compatible with adjoining dwellings;

Building spacing and design shall provide privacy for outdoor activity areas (patios, decks, etc.) associated with individual dwelling units.

Streets in the PRD district may be public in accordance with VDOT and county standards or may be private in accordance with the private road standards specified in the Roanoke County Design Handbook. In reviewing the PRD preliminary master plan, the commission may recommend, and the board may approve, one (1) or more private streets within the proposed district.

(Ord. No. 042799-11, § 2, 4-27-99; Ord. No. 052411-9, § 1, 5-24-11)

Sec. 30-47-4.- Relationship to Existing Development Regulations.

(A) All zoning regulations shall apply to the development of the PRD, unless modified in the approval of the final master plan.

Sec. 30-47-5.- Application Process.

(A)

Prior to submitting a formal application for review and approval under these provisions, the applicant and county staff shall meet to discuss the requirements of this section. The purpose of the meeting is to obtain a mutual understanding of the application requirements and process. The applicant is encouraged to submit information on the scope and nature of the proposal to allow staff to become familiar with the proposal in advance of this meeting.

(B)

Any application to rezone land to the PRD designation, shall constitute an amendment to the zoning ordinance pursuant to section 30-14. This information shall be accompanied by graphic and written information, which shall constitute a preliminary master plan. All information submitted shall be of sufficient clarity and scale to clearly and accurately identify the location, nature, and character of the proposed district. At a minimum this information shall include:

A legal description and plat showing the site boundaries, and existing street lines, lot lines, and easements.

Existing zoning, land use and ownership of each parcel proposed for the district.

A general statement of planning objectives to be achieved by the PRD district, including a description of the character of the proposed development, the existing and proposed ownership of the site, the market for which the development is oriented, and objectives towards any specific manmade and natural characteristics located on the site.

A description and analysis of existing site conditions, including information on topography, archeological and historic resources, natural water courses, floodplains, unique natural features, tree cover areas, etc.

A land use plan designating specific uses for the site, both residential and non-residential uses, and establishing site development regulations, including setback, height, building coverage, lot coverage, and density requirements.

A circulation plan, including location of existing and proposed vehicular, pedestrian, bicycle, and other circulation facilities and location and general design of parking and loading facilities. General information on the trip generation, ownership and maintenance and proposed construction standards for these facilities should be included. A Traffic Impact Analysis may be required by the administrator.

A public services and utilities plan providing requirements for and provision of all utilities, sewers, and other facilities to serve the site.

An open space plan, including areas proposed for passive and active recreational uses, natural and undisturbed areas, and proposed buffer areas proposed around the perimeter of the site. Information on the specific design and location of these areas and their ownership and maintenance shall be included.

Generalized statements pertaining to architectural and community design guidelines shall be submitted in sufficient detail to provide information on building designs, orientations, styles, lighting plans, etc.

10.

A development schedule indicating the location, extent and sequence of proposed development. Specific information on development of the open space, recreational areas, and non-residential uses shall be included.

(C)

The completed rezoning application and supporting preliminary master plan materials shall be submitted to the planning commission for review and analysis. The commission shall review this information and make a report of its findings to the board of supervisors. The commission shall as part of its review hold a public hearing pursuant to section 15.2-2204 of the Code of Virginia, as amended. The proposed district shall be posted with signs indicating the date and time of the commission public hearing.

(D)

The commission shall make a report of its findings to the board of supervisors within 90 days of the receipt of the materials, unless the applicant requests, or agrees to an extension of this time frame. The commission's report shall recommend approval, approval with modifications, or disapproval of the preliminary master plan. Failure of the commission to make a report of its findings to the board of supervisors within this period shall constitute a commission recommendation of approval.

(E)

If the commission recommends denial of the preliminary master plan, or approval with modification, the applicant shall, if requested, have 60 days to make any modifications. If the applicant desires to make any modifications to the preliminary master plan, the board of supervisor's review and action shall be delayed until such changes are made and submitted for review.

(F)

The board of supervisors shall review the preliminary master plan, and act to approve or deny the plan within 90 days. Approval of the preliminary master plan shall constitute acceptance of the plan's provisions and concepts as proffers pursuant to section 30-15 of this ordinance. The plan approved by the board of supervisors shall constitute the final master plan for the PRD. Once approved by the board of supervisors, the administrator shall authorize the revisions to the official zoning map to indicate the establishment of the PRD district.

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

Sec. 30-47-6.- Revisions to Final Master Plan.

(A)

Major revisions to the final master plan shall be reviewed and approved following the procedures and requirements of Section 30-47-5. Major revisions include, but are not limited to changes such as:

Any increase in the density of the development;

Substantial change in circulation or access;

Substantial change in the mixture of dwelling unit types included in the project;

Substantial changes in grading or utility provisions;

Substantial changes in the mixture of land uses or an increase in the amount of land devoted to non-residential purposes;

Reduction in the approved open space, landscaping or buffering;

Substantial change in architectural or site design features of the development;

Any other change that the administrator finds is a major divergence from the approved final master plan.

(B)

All other changes in the final master plan shall be considered minor amendments. The administrator, upon receipt of a written request of the owner, may approve such minor amendments.

If the administrator fails to act on a request for a minor amendment to the master plan within 30 calendar days, it shall be considered approved.

A request which is disapproved by the administrator shall be considered a major amendment and shall be subject to the approval process outlined above for such amendments.

(Ord. No. 042208-16, § 1, 4-22-08)

Sec. 30-47-7.- Approval of Preliminary and Final Site Development Plans.

(A) Following the approval of the final master plan, the applicant or its authorized agent, shall be required to submit preliminary and final site development plans for approval. Final site development plans for any phase or component of the PRD that involves the construction of structures or facilities, shall be approved prior to the issuance of a building and zoning permit, and the commencement of construction. Standards for preliminary and final site development plans are found in a document entitled Land Development Procedures, available in the department of development services.

(B) It is the intent of this section that subdivision review under the subdivision regulations be carried out simultaneously with the review of a planned residential development under this section. The plans required under this section shall be submitted in a form which will satisfy the requirements of the subdivision regulations, as determined by the administrator.

(C) Preliminary and final site development plans submitted for review shall in compliance with the final master plan approved by the board of supervisors. Roanoke County shall review and approve or disapprove any final site development plan within 60 days of its submittal.

(Ord. No. 042799-11, § 1d., 4-27-99; Ord. No. 062717-4, § 1, 6-27-17; Ord. No. 020921-8, § 1, 2-9-21)

Sec. 30-47-8.- Reserved.

Editor's note— Ord. No. 062717-4, § 1, adopted June 27, 2017, repealed § 30-47-8 which pertained to failure to begin development and derived from the original code.

Sec. 30-47-9.- Control Following Approval of Final Development Plans.

(A) The zoning administrator shall periodically inspect the site and review all building permits issued for the development to ensure that the development schedule is generally complied with. The provision and construction of all of the common open space and public and recreational facilities shown on the final development plan must proceed at the same rate as the construction of dwelling units. If the administrator finds that the development schedule has not been followed, no permits, except for the above mentioned facilities, shall be issued until the developer complies with the development schedule, unless the developer has provided a performance bond or similar instrument to guarantee that such common open space and/or public and recreational facilities will be provided for at a specific date.

Sec. 30-47-10.- Existing Planned Unit Developments.

(A) Any planned unit development approved under procedures in force before the effective date of this ordinance shall be designated as Planned Residential Development Districts and shall be governed by requirements or restrictions applicable at the time of their approval.

Sec. 30-48-1.- Purpose.

(A) The provisions of the R-MH Manufactured Housing Overlay District are designed to increase opportunities for affordable housing alternatives, to recognize modern advances in manufactured housing technology, and to promote cost effective site development. This overlay district provides locations where manufactured housing communities may harmoniously develop in residential areas in which a mix of other affordable housing types — multi-family apartments, duplexes, townhouses, and compact detached housing — may also develop. Furthermore, this district provides for institutional support services, such as schools, churches, parks, and community clubs within residential neighborhoods, yet protects against the intrusion of incompatible commercial and industrial uses.

Sec. 30-48-2.- Permitted Uses.

(A)

The following uses are permitted by right subject to all other applicable requirements contained in this ordinance, in addition to those uses permitted in the underlying zoning district. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses.

Residential Uses

Manufactured Home Subdivisions *

(B)

The following uses are allowed only by special use permit pursuant to section 30-19, in addition to those uses permitted by special use permit in the underlying zoning district. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses.

Residential Uses

Manufactured Home Park *

(Ord. No. 042208-16, § 1, 4-22-08)

Sec. 30-48-3.- Site Development Regulations.

(A) All uses permitted by right or permitted with a special use permit in the underlying zoning district shall conform to the site development regulations for that district, in addition to any additional standards required by this ordinance.

(B) For the Site Development Standards for Manufactured Home Subdivisions and Parks refer to Article IV, Use and Design Standards.

Sec. 30-48-4.- Designation and Process for Creation of Overlay.

(A) The R-MH District shall be considered an overlay to the underlying zoning district designations as shown on the Official Zoning Map. This district may be approved as an overlay district to the AR, R-1, R-2, R-3, or R-4 District provisions by the board pursuant to Section 30-14. The MH designation shall be prefixed on the Official Zoning Map by the notation of the District with which it combined (e.g. an R-MH District overlaying an R-1 District shall carry the R-1MH District designation).

(B) Notwithstanding the requirements of Section 30-14, all applicants for an R-MH designation shall also submit as part of their application, a preliminary plan. This preliminary plan shall constitute a proffer of conditions, pursuant to Section 30-15 of this ordinance, and shall show the location of the following:

The layout and design of the manufactured home subdivision or park including the location of all manufactured home lots, office, service, and community facilities.

The location of all recreation areas, and information on how they shall be developed. Area calculations shall be provided.

All existing and proposed public and private streets or pathways. Minor and collector streets shall be designated.

All proposed parking areas.

(C) If the R-MH district is approved by the board of supervisors, a site development plan meeting the procedures and standards of Section 30-90 shall be submitted prior to construction.

Sec. 30-51-1.- Purpose.

(A)

The purpose of this district is to provide for the development of low intensity retail sales and service establishments developed either as a coordinated unit or on individual parcels which primarily serve the residents of a geographically limited neighborhood or residential area. The total district size should be no more than three (3) acres and expansion beyond this size should be limited. Neighborhood commercial districts are most appropriately found along or near a residential collector street or minor arterial roadway which serves the residents of a particular subdivision or cluster of residences. These areas should also be served by public sewer and water. Land uses permitted in this district are compatible with the recommendations set forth in the neighborhood conservation and development categories of the comprehensive plan. In order to enhance the general character of the district, its function of neighborhood service, and its compatibility with residential surroundings, building heights, the size of certain uses and characteristics are all limited.

(Ord. No. 042208-16, § 1, 4-22-08)

Sec. 30-51-2.- Permitted uses.

(A)

Civic Uses

Community Recreation *

Cultural Services

Day Care Center *

Educational Facility, Primary/Secondary *

Family Day Care Home *

Post Office

Public Parks and Recreational Areas *

Religious Assembly *

Safety Services *

Utility Services, Minor

Office Uses

General Office *

Medical Office *

Commercial Uses

Convenience Store *

Personal Services

Restaurant, General

Miscellaneous Uses

Amateur Radio Tower *

(B)

Commercial Uses

Fuel Center*

Gasoline Station *

Studio, Fine Arts

Veterinary Hospital/Clinic

Miscellaneous Uses

Outdoor Gatherings *

(Ord. No. 82493-8, § 2, 8-24-93; Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 052411-9, § 1, 5-24-11; Ord. No. 111213-15, § 1, 11-12-13)

Sec. 30-51-3.- Site Development Standards.

General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Use and Design Standards.

(A) Minimum lot requirements.

For all lots:

Area: 20,000 square feet.

Frontage: 100 feet on a publicly owned and maintained street.

(B) Minimum setback requirements.

Front yard: 30 feet for all buildings, structures and parking areas.

Side yard: 15 feet for all buildings.

Rear yard: 25 feet for all structures, 35 feet when adjoining a residential use.

Where a lot fronts on more than one street, front yard setbacks shall apply to all streets.

Height limitations:

Principal structures: 30 feet, including rooftop mechanical equipment.

Accessory structures: 15 feet.

(D) Maximum coverage.

Building coverage: 35 percent of the total lot area for all buildings and 7 percent for accessory buildings.

Lot coverage: 65 percent of the total lot area.

SEC. 30-53.- C-1 LOW INTENSITY COMMERCIAL DISTRICT.

(Ord. No. 111213-15, § 1, 11-12-13)

Sec. 30-53-1.- Purpose.

(A)

The purpose of the C-1 low intensity commercial district is to provide for the development of attractive and efficient office and commercial uses in the urban service area which serve both community and county-wide needs. The C-1 district allows for varying intensities of office and commercial development as part of either a planned office complex or, to a limited degree, small scale office and commercial uses. The C-1 districts are most appropriately found along or near major arterial streets where existing commercial development has occurred and/or where commercial zoning has been established, or near existing residential development where it would serve as a logical buffer strip between conflicting land use types. Land uses permitted in the C-1 district are generally consistent with the recommendations set forth in the transition and core land use categories of the comprehensive plan. Site development standards are intended to ensure compatibility with adjacent land uses.

(Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 111213-15, § 1, 11-12-13)

Sec. 30-53-2.- Permitted Uses.

(A)

Residential Uses

Accessory Apartment *

Home Beauty/Barber Salon *

Home Occupation, Type I *

Multi-Family Dwelling *

Two-Family Dwelling *

Civic Uses.

Administrative Services

Clubs

Cultural Services

Day Care Center *

Educational Facilities, College/University

Educational Facilities, Primary/Secondary *

Guidance Services

Halfway House *

Park and Ride Facility *

Post Office

Public Parks and Recreational Areas *

Safety Services *

Utility Services, Minor

Office Uses.

Financial Institutions *

General Office

Medical Office

Commercial Uses.

Agricultural Services *

Antique Shops

Bed and Breakfast *

Business Support Services

Business or Trade Schools *

Communications Services

Consumer Repair Services

Personal Improvement Services

Personal Services

Short-Term Rental *

Studio, Fine Arts

Veterinary Hospital/Clinic

Miscellaneous Uses.

Amateur Radio Tower *

Parking Facility *

Wireless Communication Facility, Class 1*

(B)

Civic Uses.

Religious Assembly *

Utility Services, Major *

Office Uses.

Laboratories

Commercial Uses.

Automobile Rental/Leasing

Commercial Indoor Sports and Recreation

Restaurant, Drive-In or Fast Food *

Restaurant, General

Retail Sales *

Industrial Uses.

Landfill, Rubble *

Recycling Centers and Stations *

Miscellaneous Uses.

Broadcasting Tower *

Outdoor Gatherings *

Wireless Communication Facility, Class 2*

Wireless Communication Facility, Class 3*

(Ord. No. 82493-8, § 2, 8-24-93; Ord. No. 042799-11, § 2, 4-27-99; Ord. No. 042203-13, § 1, 4-22-03; Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 111213-15, § 1, 11-12-13; Ord. No. 062816-4, § 1, 6-28-16; Ord. No. 020921-8, § 1, 2-9-21; Ord. No. 011023-4, § 1, 1-10-23; Ord. No. 111924-7,§ 1, 11-19-24; Ord. No. 072225-9, § 1, 7-22-25)

Sec. 30-53-3.- Site Development Regulations.

General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Use and Design Standards.

(A)

Minimum lot requirements.

Lots served by private well and sewage disposal system;

Area: 1 acre (43,560 square feet).

Frontage: 100 feet on a publicly owned and maintained street.

Lots served by either public sewer or water, or both:

Area: 15,000 square feet.

Frontage: 75 feet on a publicly owned and maintained street.

(B)

Minimum setback requirements.

Front yard:

Principal structures: 30 feet, or 20 feet when all parking is located behind the front building line.

Accessory structures: Behind front building line.

Side yard: None.

Rear yard:

Principal structures: 15 feet.

Accessory structures: 3 feet.

Where a lot fronts on more than one (1) street, front yard setbacks shall apply to all streets.

(C)

Maximum height of structures.

Height limitations:

Principal structures: When adjoining property zoned R-1 or R-2, forty-five (45) feet, including rooftop mechanical equipment. The maximum height may be increased, provided each required side and rear yard adjoining the R-1 or R-2 district is increased two (2) feet for each foot in height over forty-five (45) feet. In all other locations the height is unlimited unless otherwise restricted by this ordinance.

Accessory structures: 15 feet.

(D)

Maximum coverage.

Building coverage: 50 percent of the total lot area.

Lot coverage: 80 percent of the total lot area.

(Ord. No. 62293-12, § 10, 6-22-93; Ord. No. 052411-9, § 1, 5-24-11)

SEC. 30-54.- C-2 HIGH INTENSITY COMMERCIAL DISTRICT.

(Ord. No. 111213-15, § 1, 11-12-13)

Sec. 30-54-1.- Purpose.

(A)

The purpose of this district is to provide locations for a variety of commercial and service related activities within the urban service area serving a community of several neighborhoods or large areas of the county. This district is intended for general application throughout the county. High intensity commercial districts are most appropriately found along major arterial thoroughfares which serve large segments of the county's population. The C-2 district permits a wide variety of retail and service related uses. Land uses permitted in this district are generally consistent with the recommendations set forth in the transition and core land use categories of the comprehensive plan. Site development regulations are designed to ensure compatibility with adjoining land uses.

(Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 111213-15, § 1, 11-12-13)

Sec. 30-54-2.- Permitted Uses.

(A)

Residential Uses.

Accessory Apartment *

Home Beauty/Barber Salon *

Home Occupation, Type I *

Multi-Family Dwelling *

Two-Family Dwelling *

Civic Uses.

Administrative Services

Clubs

Cultural Services

Day Care Center *

Educational Facilities, College/University

Educational Facilities, Primary/Secondary *

Family Day Care Home *

Guidance Services

Halfway House *

Park and Ride Facility *

Post Office

Public Assembly

Public Parks and Recreational Areas *

Safety Services *

Utility Services, Minor

Office Uses.

Financial Institutions *

General Office

Medical Office

Laboratories

Commercial Uses.

Agricultural Services *

Antique Shops

Automobile Dealership *

Automobile Repair Services, Minor *

Automobile Rental/Leasing

Automobile Parts/Supply, Retail *

Bed and Breakfast *

Boarding House

Business Support Services

Business or Trade Schools *

Commercial Indoor Amusement

Commercial Indoor Entertainment

Commercial Indoor Sports and Recreation

Commercial Outdoor Entertainment

Commercial Outdoor Sports and Recreation

Communications Services

Construction Sales and Services *

Consumer Repair Services

Convenience Store *

Fuel Center*

Funeral Services

Garden Center *

Gasoline Station *

Hospital

Hotel/Motel/Motor Lodge

Kennel, Commercial *

Pawn Shop

Personal Improvement Services

Personal Services

Restaurant, Drive-In or Fast Food *

Restaurant, General

Retail Sales *

Short-Term Renal *

Studio, Fine Arts

Veterinary Hospital/Clinic

Industrial Uses.

Recycling Centers and Stations *

Miscellaneous Uses.

Amateur Radio Tower *

Parking Facility *

Wireless Communication Facility, Class 1*

(B)

Civic Uses.

Adult Care Residences

Life Care Facility

Nursing Home

Religious Assembly *

Utility Services, Major *

Commercial Uses.

Adult Business *

Automobile Repair Services, Major *

Car Wash *

Dance Hall

Equipment Sales and Rental *

Manufactured Home Sales *

Mini-Warehouse *

Outpatient Mental Health and Substance Abuse Center

Recreational Vehicle Sales and Service *

Surplus Sales

Truck Stop *

Industrial Uses.

Custom Manufacturing *

Industry, Type I

Landfill, Rubble *

Transportation Terminal

Miscellaneous Uses.

Broadcasting Tower *

Outdoor Gatherings *

Wireless Communication Facility, Class 2*

Wireless Communication Facility, Class 3*

(Ord. No. 82493-8, § 2, 8-24-93; Ord. No. 022796-14, § 1, 2-27-96; 042297-14, § 1, 4-22-97; Ord. No. 042799-11, § 2, 4-27-99; Ord. No. 102803-15, § 2, 10-28-03; Ord. No. 102505-7, § 2, 10-25-05; Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 052411-9, § 1, 5-24-11; Ord. No. 111213-15, § 1, 11-12-13; Ord. No. 062816-4, § 1, 6-28-16; Ord. No. 020921-8, § 1, 2-9-21; Ord. No. 011023-4, § 1, 1-10-23; Ord. No. 111924-7,§ 1, 11-19-24; Ord. No. 072225-9, § 1, 7-22-25)

Sec. 30-54-3.- Site Development Regulations.

General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Use and Design Standards.

(A) Minimum lot requirements.

Lots served by private well and sewage disposal system;

Area: 1 acre (43,560 square feet).

Frontage: 100 feet on a publicly owned and maintained street.

Lots served by either public sewer or water, or both:

Area: 15,000 square feet.

Frontage: 75 feet on a publicly owned and maintained street.

(B) Minimum setback requirements.

Front yard:

Principal structures: 30 feet, or 20 feet when all parking is located behind the front building line.

Accessory structures: Behind the front building line.

Side yard: None.

Rear yard:

Principal structures: 15 feet.

Accessory structures: 3 feet.

Where a lot fronts on more than one street, front yard setbacks shall apply to all streets.

Height limitations:

Principal structures: When adjoining property zoned R-1 or R-2, 45 feet, including rooftop mechanical equipment. The maximum height may be increased, provided each required side and rear yard adjoining the R-1 or R-2 district is increased two feet for each foot in height over 45 feet. In all locations the height is unlimited unless otherwise restricted by this ordinance.

Accessory structures: actual height of principal structure.

(D) Maximum coverage.

Building coverage: 50 percent of the total lot area.

Lot coverage: 90 percent of the total lot area.

(Ord. No. 62293-12, § 10, 6-22-93)

Sec. 30-57-1.- Purpose.

(A)

The intent of the Planned Commercial Development (PCD) district is to promote the efficient use of commercial land by allowing a range of land uses and densities and the flexible application of development controls. This may be accomplished while also protecting surrounding property, the natural features and scenic beauty of the land.

The Planned Commercial Development district is provided in recognition that many commercial, office and residential establishments seek to develop within unified areas, usually under single ownership or control. Because these concentrations of retail, service and office establishments are generally stable and offer unified internal arrangement and development, potentially detrimental design effects can be recognized and addressed during the review of the development. For these reasons, the provisions for the PCD allow greater development latitude. Districts should be proposed and planned for areas that provide for adequate development and expansion space, controlled access points, landscaped parking areas and public utilities. Development of the PCD will take place in general accordance with an approved Master Plan, which may allow for clustering of uses and densities in various areas of the site.

Planned Commercial Development districts should be a visual asset to the community. Buildings within the district are to be architecturally similar in style and the relationship among individual establishments should be harmonious. The site should be well landscaped and parking and loading areas are to be screened.

(Ord. No. 92794-17, § 1, 9-27-94)

Sec. 30-57-2.- Permitted Uses.

(A)

All of the residential, civic, office and commercial use types listed in Article II of this ordinance are permitted in the PCD. Residential use types shall be limited to no more than thirty (30) percent of the gross square footage of the other use types in the PCD. No use shall be permitted except in conformity with the uses specifically included in the final Master Plan approved pursuant to Section 30-57-6. Other permitted uses are listed below:

Industrial Uses:

Custom Manufacturing

Recycling Centers and Stations

Warehouse and Distribution

Miscellaneous Uses:

Broadcasting Tower

Parking Facility

(Ord. No. 92794-17, § 1, 9-27-94)

Sec. 30-57-3.- Site Development Regulations.

(A)

Each Planned Commercial Development shall be subject to the following site development standards:

Minimum district size: 5 acres of contiguous land.

Minimum front setbacks: All structures proposed to front on existing public streets external to the PCD shall be located a minimum of 30 feet from the existing public right-of-way.

Lots in the PCD district shall comply with the buffer yard requirements of Section 30-92-4 of this ordinance.

Lot coverage:

More than one principal structure may be placed on a lot.

Maximum lot coverage shall be determined through the preliminary development plan process but in no case shall exceed seventy-five (75) percent.

Public streets in the PCD district shall be built in accordance with VDOT and Roanoke County standards. In reviewing the PCD preliminary master plan, the commission may recommend, and the board may approve, one (1) or more private streets within the proposed district. Private residential streets in the PCD district shall be built in accordance with the private road standards specified in the Roanoke County Design Handbook. Construction details for private residential streets shall be submitted with the PCD preliminary master plan.

The applicant may propose a reduction to the number of parking spaces required by this ordinance for each use type, if justified. This proposal will be reviewed with consideration given to potential future uses of the site, parking demand and expansion potential.

Maximum height of structures: When adjoining property zoned Residential, forty-five (45) feet, including rooftop mechanical equipment. The maximum height may be increased provided each required yard (side, rear, or buffer) adjoining a Residential district is increased two (2) feet for each foot in height over forty-five (45) feet. This distance shall be measured from the portion of the structure which exceeds forty-five (45) feet. In all other locations the height is unlimited.

Utilities shall be placed underground.

Arrangement of areas:

The location and arrangement of structures, parking, access drives, outdoor lighting, signs and other uses and developments within the PCD, in addition to achieving these development standards, shall be accomplished in accordance with an approved final Master Plan to assure compatibility with the existing and future land use in the vicinity.

Areas designed for future expansion or not intended for immediate improvement or development shall be specified as reserve areas on the preliminary development plan. The future use and the limitations on future use of such area shall be specified, or else such areas shall not be included as part of the PCD application. Reserve areas included in the PCD shall be landscaped or otherwise maintained in a neat and orderly manner.

(Ord. No. 92794-17, § 1, 9-27-94; Ord. No. 052411-9, § 1, 5-24-11)

Sec. 30-57-4.- Site Development Recommendations.

(A)

The Planned Commercial Development district should be designed and developed to be a visual asset to the community of Roanoke County. Since the relationship of the development to the community and the prospects for economic success of the project have much to do with the physical character of the development, these factors shall be considered in reviewing a Planned Commercial District application. For this reason the following site development recommendations are made.

(1)

The principal entrance into the PCD district should be sufficiently landscaped to comply with the purposes of this district. In addition, the first one-hundred linear feet of street, leading through this principal entrance into the PCD, should have a landscaped median of sufficient width and planting density to meet the purposes of this district.

(2)

Parking within the PCD should be located to the side or rear of the principal structures on the lot, wherever feasible. During review, consideration will be given to topographical constraints, innovative site design, buffering and landscaping factors.

(Ord. No. 92794-17, § 1, 9-27-94)

Sec. 30-57-5.- Relationship to Existing Development Regulations.

(A)

All zoning regulations shall apply to the development of the PCD district, unless modified by the Board of Supervisors in the approval of the final Master Plan.

(Ord. No. 92794-17, § 1, 9-27-94)

Sec. 30-57-6.- Application Process.

(A)

The timeframes outlined in this Section are the maximum timeframes mandated by the Code of Virginia. Roanoke County will make every reasonable effort to complete the application process within a shorter timeframe.

(B)

(C)

Any application to rezone land to the PCD designation, shall constitute an amendment to the zoning ordinance pursuant to section 30-14. This information shall be accompanied by graphic and written information, which shall constitute a preliminary master plan. All information submitted shall be of sufficient clarity and scale to clearly and accurately identify the location, nature, and character of the proposed district.

(D)

(E)

(F)

(G)

The board of supervisors shall review the preliminary master plan, and after holding a public hearing act to approve or deny the plan within 90 days. Approval of the preliminary master plan shall constitute acceptance of the plan's provisions and concepts as proffers pursuant to section 30-15 of this ordinance. The plan approved by the board of supervisors shall constitute the final master plan for the PCD. Once approved by the board of supervisors, the administrator shall authorize the revisions to the official zoning map to indicate the establishment of the PCD district.

(Ord. No. 92794-17, § 1, 9-27-94; Ord. No. 042208-16, § 1, 4-22-08)

Sec. 30-57-7.- Revisions to Final Master Plan.

(A)

Major revisions to the final Master Plan shall be reviewed and approved following the procedures and requirements of Section 30-57-6. Major revisions include, but are not limited to changes such as:

Any significant increase in the density of the development;

Substantial change in circulation or access;

Substantial change in grading or utility provisions;

Substantial changes in the mixture of land uses;

Substantial change in architectural or site design features of the development;

Any other change that the Administrator finds is a major divergence from the approved final Master Plan.

(B)

All other changes in the final master plan shall be considered minor amendments. The administrator, upon receipt of a written request of the owner, may approve such minor amendments.

If the administrator fails to act on a request for a minor amendment to the master plan within thirty (30) calendar days, it shall be considered approved.

A request which is disapproved by the administrator shall be considered a major amendment and shall be subject to the approval process outlined above for such amendments.

(Ord. No. 92794-17, § 1, 9-27-94; Ord. No. 052411-9, § 1, 5-24-11)

Sec. 30-57-8.- Approval of Preliminary and Final Site Development Plans.

(A)

Following the approval of the final master plan, the applicant or its authorized agent, shall be required to submit preliminary and final site development plans for approval. Final site development plans for any phase or component of the PCD that involves the construction of structures or facilities, shall be approved prior to the issuance of a building and zoning permit, and the commencement of construction. Standards for preliminary and final site development plans are found in a document entitled Land Development Procedures, available in the Roanoke County Department of Development Services.

(B)

It is the intent of this section that subdivision review under the subdivision regulations be carried out simultaneously with the review of a PCD under this section. The plans required under this section shall be submitted in a form which will satisfy the requirements of the subdivision regulations, as determined by the Administrator.

(C)

Preliminary and final site development plans submitted for review shall be in compliance with the final Master Plan approved by the Board of Supervisors. Roanoke County shall review and approve or disapprove any final site development plan within 60 days of its submittal.

(Ord. No. 92794-17, § 1, 9-27-94; Ord. No. 042799-11, § 1d., 4-27-99; Ord. No. 062717-4, § 1, 6-27-17; Ord. No. 020921-8, § 1, 2-9-21)

Sec. 30-57-9.- Reserved.

Editor's note— Ord. No. 062717-4, § 1, adopted June 27, 2017, repealed § 30-57-9 which pertained to failure to begin development and derived from Ord. No. 92794-17, adopted September 27, 1994.

Sec. 30-57-10.- Control Following Approval of Final Development Plans.

(A)

The zoning administrator shall periodically inspect the site and review all building permits issued for the development to ensure compliance with the submitted development schedule.

(Ord. No. 92794-17, § 1, 9-27-94)

Sec. 30-58-1.- Purpose.

The purpose of the Clearbrook village overlay district is to promote future development that is consistent with the current character of Clearbrook, and with the comprehensive plan future land use map and policies for this area. Future development in this district should respect the character and historical context of the Blue Ridge Parkway, Clearbrook School, and other social and cultural resources in Clearbrook area.

The Clearbrook area has adequate public facilities, good road access, suitable topography, and land available for development or redevelopment. Recognizing these factors, the plan, and this district promote the creation of the Village of Clearbrook. Commercial development consistent with these district standards and the community plan design guidelines for the Clearbrook village commercial overlay district is encouraged, but strip commercial patterns of development are discouraged. Thus, the district allows a wide variety of commercial uses, but provides a high degree of emphasis on landscaping, building design, site design, and lighting and signage control.

(Ord. No. 121900-11, § 1, 12-19-00; Ord. No. 042208-16, § 1, 4-22-08)

Sec. 30-58-2.- Creation of Overlay.

(A)

The Clearbrook village overlay district is created as an amendment to the official zoning map of the county. All regulations and standards contained herein shall apply to all parcels and land within the designated overlay district.

(B)

The boundaries of the overlay district as shown on the official zoning map may only be amended by action of the county board of supervisors pursuant to section 30-14 of this ordinance.

(Ord. No. 121900-11, § 1, 12-19-00)

Sec. 30-58-3.- Applicability and Administration.

(A)

The zoning administrator shall have the responsibility for determining compliance with these standards. In making any such determination, the zoning administrator shall consider the purposes of the Clearbrook village overlay district, and shall consider the extent to which the requested use or development substantially complies with the design guidelines for the Clearbrook village commercial overlay district adopted as part of the county community plan. If in the opinion of the zoning administrator, the use or development does not substantially comply with these design guidelines, the requested use or development shall, by decision of the zoning administrator, be considered a special use and shall require a special use permit pursuant to section 30-19 of this ordinance.

(Ord. No. 121900-11, § 1, 12-19-00)

Sec. 30-58-4.- Permitted Uses and Use Restrictions.

The uses permitted in the Clearbrook village overlay district shall be governed by the underlying zoning district in which the property is located as shown on the official zoning maps, except as otherwise modified below:

(A)

The following uses shall be prohibited within the Clearbrook village overlay district:

Civic Uses

Park and Ride Facility

Public Assembly

Commercial Uses

Automobile Rental/Leasing

Automobile Repair Services, Major

Boarding Houses

Commercial Outdoor Entertainment

Commercial Outdoor Sports and Recreation

Kennel, Commercial

Mini-Warehouse

Pawn Shop

Recreational Vehicle Sales and Service

Industrial Uses

Recycling Centers and Stations

Miscellaneous Uses

Parking Facility

Broadcasting Towers

(B)

Unless prohibited in 30-58-4(A) a special use permit shall be required for all uses listed as a special use in the underlying zoning district. In addition, the following uses shall require a special use permit within the Clearbrook village overlay district. An asterisk (*) indicates additional, modified, or more stringent standards as listed in article IV, use and design standards, for those specific uses.

Residential Uses

Multi-Family Dwelling*

Two-Family Dwelling*

Commercial Uses

Agricultural Services*

Automobile Repair Services Minor*

Commercial Indoor Sports and Recreation

Communication Services

Construction Sales and Services*

Convenience Store *

Fuel Center*

Gasoline Station

Garden Center*

Restaurant, Drive-In or Fast Food *

Retail Sales *

Veterinary Hospital/Clinic

(Ord. No. 121900-11, § 1, 12-19-00; Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 052411-9, § 1, 5-24-11; Ord. No. 111213-15, § 1, 11-12-13)

Sec. 30-58-5.- Site Development Regulations.

The site development regulations required in the Clearbrook village overlay district shall be governed by the underlying zoning district in which the property is located as shown on the official zoning maps, except as otherwise modified below:

(A)

Maximum height of structures.

Height limitations:

Principal structures: 35 feet

Accessory structures: actual height of principal structure.

(B)

Maximum coverage.

Building coverage: 50 percent of the total lot area.

Lot coverage: 70 percent of the total lot area.

(Ord. No. 121900-11, § 1, 12-19-00)

Sec. 30-58-6.- Special Regulations in the Clearbrook Village Overlay District.

The following special regulations shall apply within the Clearbrook village overlay district:

(A)

Landscaping. Required landscaping within the Clearbrook village overlay district shall comply with the standards contained in section 30-92-5.1 of this ordinance.

(B)

Signage. Signage within the Clearbrook village overlay district shall comply with C-1 sign district regulations, except as modified by section 30-93-14(F) of this ordinance.

(C)

Lighting. Lighting within the Clearbrook village overlay district shall comply with the provisions of section 30-94 of this ordinance.

(D)

Utilities. All new utility lines and services within the Clearbrook village overlay district shall be located underground.

(E)

Residential use types. Residential use types within the Clearbrook village overlay district upon the date of the adoption of this ordinance shall not be deemed to be nonconformities, and may be reconstructed, altered and/or enlarged consistent with the requirements contained in section 30-58-5 of this ordinance. In addition, single family detached dwellings may be developed in the district on lots of record in existence on the effective date of this ordinance. Any dwelling constructed shall not be deemed to be a nonconformity. No new subdivisions for residential purposes shall be allowed within the Clearbrook village overlay district, except that family exemption subdivisions shall be permitted pursuant to section 30-100-11 of this ordinance.

(F)

Parking. All off-street parking, stacking and loading areas within the Clearbrook village overlay district shall comply with the provisions of 30-91 of this ordinance.

(Ord. No. 121900-11, § 1, 12-19-00; Ord. No. 052609-22, § 1, 5-26-09; Ord. No. 111213-15, § 1, 11-12-13)

Sec. 30-61-1.- Purpose.

(A)

The purpose of the I-1, low intensity industrial district is to provide areas within the urban service area which are suitable for less intensive industrial activities. These areas are primarily designated based on the suitability of the land in terms of slope and freedom from flooding, as well as the availability of adequate sewer and water capacity, access to arterial road network, and proximity to rail and airport facilities or the interstate highway system. This district generally coincides with the recommendations for the principal industrial land use category contained in the comprehensive plan, and particularly those areas unsuitable for more intensive or potentially hazardous industrial uses. Distributing these areas around the county in a planned manner to create employment centers within close proximity to residential growth areas and reduce heavy traffic generation of industrial uses is encouraged.

Since land with suitable characteristics for less intensive industrial development is limited in the county, a high degree of protection is promoted where industrial development is located adjacent to existing or future residential areas. The conversion and/or redevelopment of existing non-conforming uses in this district which are unrelated to industrial needs is also encouraged.

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

Sec. 30-61-2.- Permitted Uses.

(A)

Agricultural and Forestry Uses.

Agriculture

Agritourism *

Civic Uses.

Administrative Services

Day Care Center *

Halfway House *

Park and Ride Facility

Post Office

Public Maintenance and Service Facilities

Public Parks and Recreational Areas *

Safety Services

Utility Services, Major *

Utility Services, Minor

Guidance Services

Office Uses.

Financial Institutions *

General Office

Laboratories

Medical Office

Commercial Uses.

Agricultural Services *

Automobile Parts/Supply, Retail *

Automobile Repair Services, Major *

Automobile Repair Services, Minor *

Business Support Services

Business or Trade Schools *

Communication Services

Construction Sales and Services *

Consumer Repair Services

Equipment Sales and Rental *

Garden Center *

Laundry

Personal Improvement Services

Restaurant, General

Retail Sales *

Veterinary Hospital/Clinic

Industrial Uses.

Custom Manufacturing *

Industry, Type I

Landfill, Rubble *

Recycling Centers and Stations *

Transportation Terminal

Truck Terminal

Warehousing and Distribution

Miscellaneous Uses.

Amateur Radio Tower *

Parking Facility *

Wind Energy System, Small *

Wireless Communication Facility, Class 1*

Wireless Communication Facility, Class 2*

(B)

Commercial Uses.

Automobile Dealership *

Automobile Rental/Leasing

Commercial Indoor Sports and Recreation

Convenience Store *

Fuel Center *

Gasoline Station *

Manufactured Home Sales *

Mini-Warehouse *

Recreational Vehicle Sales and Service *

Surplus Sales

Truck Stop *

Industrial Uses.

Composting *

Construction Yards *

Resource Extraction *

Transfer Station *

Miscellaneous Uses.

Aviation Facilities, Private *

Broadcasting Tower *

Outdoor Gatherings *

Wind Energy System, Large *

Wind Energy System, Utility *

Wireless Communication Facility, Class 3*

(Ord. No. 82493-8, § 2, 8-24-93; Ord. No. 042297, § 1, 4-22-97; Ord. No. 042799-11, § 2, 4-27-99; Ord. No. 082807-18, § 1, 8-28-07; Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 030811-1, § 1, 3-8-11; Ord. No. 052411-9, § 1, 5-24-11; Ord. No. 091311-7, § 1, 9-13-11; Ord. No. 111213-15, § 1, 11-12-13; Ord No. 092215-9, § 1, 9-22-15; Ord. No. 062816-4, § 1, 6-28-16; Ord. No. 062717-4, § 1, 6-27-17; Ord. No. 072721-8, § 1, 7-27-21; Ord. No. 011023-4, § 1, 1-10-23; Ord. No. 111924-7,§ 1, 11-19-24; Ord. No. 072225-9, § 1, 7-22-25)

Sec. 30-61-3.- Site Development Regulations.

General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Use and Design Standards.

(A)

Minimum lot requirements.

Lots served by private well and sewage disposal system;

Area: 1 acre (43,560 square feet).

Frontage: 100 feet on a publicly owned and maintained street.

Lots served by either public sewer or water, or both:

Area: 15,000 square feet.

Frontage: 75 feet on a publicly owned and maintained street.

(B)

Minimum setback requirements.

Front yard: 30 feet, or 20 feet when all parking is located behind the front building line.

Side yard:

Principal structures: 10 feet.

Accessory structures: behind front building line and 3 feet from side line.

Rear yard:

Principal structures: 15 feet.

Accessory structures: 3 feet.

Where a lot fronts on more than one street, front yard setbacks shall apply to all streets.

(C)

Maximum height of structures.

Height limitations:

All structures: When adjoining property zoned residential, forty-five (45) feet, including rooftop mechanical equipment. The maximum height may be increased provided each required side and/or rear yard adjoining a residential district is increased two (2) feet for each foot in height over forty-five (45) feet. This distance shall be measured from the portion of the structure which exceeds forty-five (45) feet. In all other locations the height is unlimited.

(D)

Maximum coverage.

Building coverage: 50 percent of the total lot area.

Lot coverage: 90 percent of the total lot area.

(Ord. No. 42694-12, § 9, 4-26-94; Ord. No. 042208-16, § 1, 4-22-08)

Sec. 30-62-1.- Purpose.

(A)

The purpose of the I-2, high intensity industrial district is to provide areas within the urban service area which contain more intensive industrial uses or are suitable for such activities. These areas coincide with the principal industrial land use category contained in the comprehensive plan and are designated based on the suitability of the land in terms of slope and freedom from flooding and the relative remoteness and absence of substantial residential development which could be adversely affected by such development. In addition, the availability of adequate sewer and water capacity, access to arterial road network, and proximity to rail and airport facilities or the interstate highway system are major considerations. Distributing these areas around the county in a planned manner to create employment centers within close proximity to residential growth areas and reduce heavy traffic generation of industrial uses is encouraged.

(Ord. No. 042799-11, § 1f., 4-27-99; Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 111213-15, § 1, 11-12-13)

Sec. 30-62-2.- Permitted Uses.

(A)

Agricultural and Forestry Uses.

Agriculture

Agritourism *

Civic Uses.

Day Care Center *

Halfway House *

Park and Ride Facility

Post Office

Public Maintenance and Service Facilities

Public Parks and Recreational Areas *

Safety Services

Utility Services, Major *

Utility Services, Minor

Guidance Services

Office Uses.

Financial Institutions *

General Office

Laboratories

Medical Office

Commercial Uses.

Automobile Repair Services, Major *

Business Support Services

Business or Trade Schools *

Equipment Sales and Rental *

Laundry

Personal Improvement Services

Industrial Uses.

Construction Yards *

Custom Manufacturing *

Industry, Type I

Industry, Type II

Landfill, Rubble *

Railroad Facilities

Recycling Centers and Stations *

Scrap and Salvage Services *

Slaughterhouse

Transfer Station *

Transportation Terminal

Truck Terminal

Warehousing and Distribution

Miscellaneous Uses.

Amateur Radio Tower *

Parking Facility *

Wind Energy System, Small*

Wireless Communication Facility, Class 1*

Wireless Communication Facility, Class 2*

(B)

Civic Uses.

Correctional Facilities

Commercial Uses.

Commercial Indoor Sports and Recreation

Fuel Center*

Mini-Warehouse *

Surplus Sales

Truck Stop *

Industrial Uses.

Asphalt Plant *

Composting *

Industry, Type III

Resource Extraction *

Miscellaneous Uses.

Aviation Facilities, Private *

Broadcasting Tower *

Outdoor Gatherings *

Wind Energy System, Large *

Wind Energy System, Utility *

Wireless Communication Facility, Class 3*

(Ord. No. 82493-8, § 2, 8-24-93; Ord. No. 042297-14, § 1, 4-22-97; Ord. No. 042799-11, § 2, 4-27-99; Ord. No. 082807-18, § 1, 8-28-07; Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 030811-1, § 1, 3-8-11; Ord. No. 052411-9, § 1, 5-24-11; Ord. No. 091311-7, § 1, 9-13-11; Ord. No. 111213-15, § 1, 11-12-13; Ord No. 092215-9, § 1, 9-22-15; Ord. No. 062816-4, § 1, 6-28-16; Ord. No. 062717-4, § 1, 6-27-17; Ord. No. 072721-8, § 1, 7-27-21; Ord. No. 011023-4, § 1, 1-10-23; Ord. No. 072225-9, § 1, 7-22-25)

Sec. 30-62-3.- Site Development Regulations.

General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Use and Design Standards.

(A)

Minimum lot requirements.

Lots served by private well and sewage disposal system;

Area: 1 acre (43,560 square feet).

Frontage: 100 feet on a publicly owned and maintained street.

Lots served by either public sewer or water, or both:

Area: 20,000 square feet.

Frontage: 100 feet on a publicly owned and maintained street.

(B)

Minimum setback requirements.

Front yard: 30 feet, or 20 feet when all parking is located behind the front building line.

Side yard:

Principal structures: 10 feet.

Accessory structures: behind front building line and 3 feet from side line.

Rear yard:

Principal structures: 15 feet.

Accessory structures: 3 feet.

Where a lot fronts on more than one street, front yard setbacks shall apply to all streets.

(C)

Maximum height of structures.

Height limitations:

All structures: When adjoining property zoned Residential, seventy-five (75) feet, including rooftop mechanical equipment. The maximum height may be increased provided each required side and/or rear yard adjoining a residential district is increased two (2) feet for each foot in height over seventy-five (75) feet. This distance shall be measured from the portion of the structure which exceeds seventy-five (75) feet. In all other locations the height is unlimited.

(D)

Maximum coverage.

Building coverage: 75 percent of the total lot area.

Lot coverage: 90 percent of the total lot area.

(Ord. No. 42694-12, § 9, 4-26-94; Ord. No. 042208-16, § 1, 4-22-08)

Sec. 30-63-1.- Purpose.

(A)

The planned technology development (PTD) district is established primarily for Type I and Type II manufacturing and industrial uses. Supporting accessory uses and facilities, such as office, commercial establishments, and residential areas are also permitted. The PTD district is intended to be designed with a park-like setting that complements surrounding land uses by means of appropriate siting of buildings, controlled access points, attractive and harmonious architecture, effective landscape buffering and scenic view easements. The district is intended to provide flexibility in design and site layout, allow latitude in combining different use types within a single development, and provide the developer with incentives to create an aesthetically pleasing and functional planned development.

In addition, the intent of the planned technology development (PTD) district is to provide certain industries that are clean and environmentally efficient the opportunity to locate in an area of like technologies in what is generally known as a mixed use park, developed under a complete, comprehensive master plan. Standards are provided for landscaping, buffering and open space to encourage high technology industries and to ensure a park-like atmosphere. Important in determining the location and size of a PTD are the accessibility of the location, the availability of public utilities, public safety services and the suitability of the topography for site and building development purposes.

(Ord. No. 92794-17, § 1, 9-27-94; Ord. No. 042898-15, §§ 1, 2, 4-22-98)

Sec. 30-63-2.- Permitted uses.

(A)

All of the residential, civic, office, commercial, industrial and miscellaneous use types listed in article II of this ordinance are permitted in the PTD district. Residential use types shall be limited to no more than fifteen (15) percent of the total gross square footage. No use shall be permitted except in conformity with the uses specifically included in the final master plan.

(Ord. No. 92794-17, § 1, 9-27-94; Ord. No. 042898-15, §§ 1, 2, 4-22-98)

Sec. 30-63-3.- Site Development Regulations.

(A)

Each planned technological development shall be subject to the following site development standards:

Minimum district size: 15 acres of contiguous land.

Minimum front setbacks: All structures proposed to front on existing public streets external to the PTD shall be located a minimum of 30 feet from the existing public right-of-way.

The zoning administrator shall determine buffer yard requirements based on the existing or proposed use in the PTD and the district in which those uses are permitted.

Lot coverage: Maximum lot coverage shall be determined through the preliminary master plan process and shall not exceed seventy-five (75) percent.

Public streets in the PTD district shall be built in accordance with VDOT and Roanoke County standards. In reviewing the PTD preliminary master plan, the commission may recommend, and the board may approve, one (1) or more private streets within the proposed district. Private residential streets in the PTD district shall be built in accordance with the private road standards specified in the Roanoke County Design Handbook. Construction details for private residential streets shall be submitted with the PTD preliminary master plan.

Maximum height of structures: When adjoining property zoned residential, forty-five (45) feet, including rooftop mechanical equipment. The maximum height may be increased provided each required yard (side, rear, or buffer) adjoining a residential district is increased two (2) feet for each foot in height over forty-five (45) feet. This distance shall be measured from the portion of the structure which exceeds forty-five (45) feet. In all other locations the height is unlimited.

Arrangement of areas:

The location and arrangement of structures, parking, access drives, outdoor lighting, signs, and other uses and developments within the PTD, in addition to achieving these development standards, shall be accomplished in accordance with an approved final master plan to assure compatibility with the existing and future land use in the vicinity.

All areas designed for future expansion or not intended for immediate improvement or development shall be specified as reserve areas in the preliminary master plan. The future use and the limitations on future use of such area shall be specified, or else such areas shall not be included as part of the PTD application. Reserve areas included in the PTD shall be landscaped or otherwise maintained in a neat and orderly manner.

Accessory structures shall not exceed forty (40) percent of the gross floor area of the principal structure.

10.

Every structure in the PTD shall be a fully enclosed building of permanent construction. Any outside storage area shall be fully screened so that no materials so stored are visible at any lot line or public right-of-way.

11.

Lighting: Lighting shall comply with section 30-94 of this ordinance.

12.

Utilities: Utilities shall be underground unless the type of service necessary for normal activities of the industry or business shall prohibit underground installation.

(Ord. No. 92794-17, § 1, 9-27-94; Ord. No. 042898-15, §§ 1, 2, 4-22-98; Ord. No. 052411-9, § 1, 5-24-11)

Sec. 30-63-4.- Site Development Recommendations.

(A)

The planned technology development district should be designed and developed as a manufacturing, industrial and technology park with high standards for landscaping, buffering and open space. To ensure a park-like atmosphere the following site development recommendations are made.

(1)

The principal entrance into the PTD district should be sufficiently landscaped to comply with the purposes of this district. In addition, the first one hundred (100) linear feet of street, leading through this principal entrance into the PTD, should have a landscaped median of sufficient width and planting density to meet the purposes of this district.

(2)

Parking within the PTD should be located to the side or rear of the principal structures on the lot, wherever feasible. During review, consideration will be given to topographical constraints, innovative site design, buffering and landscaping factors.

(3)

Loading areas should be screened from public view and should not be placed in front yards.

(4)

Fences should not be placed in front yards except as necessary for security purposes. Fencing should be uniform and well kept.

(Ord. No. 92794-17, § 1, 9-27-94; Ord. No. 042898-15, §§ 1, 2, 4-22-98)

Sec. 30-63-5.- Relationship to Existing Development Regulations.

(A)

All zoning regulations shall apply to the development of the PTD district, unless modified by the board of supervisors in the approval of the final master plan.

(Ord. No. 92794-17, § 1, 9-27-94; Ord. No. 042898-15, §§ 1, 2, 4-22-98)

Sec. 30-63-6.- Application Process.

(A)

The timeframes outlined in the section are the maximum timeframes mandated by the Code of Virginia. Roanoke County will make every reasonable effort to complete the application process within a shorter timeframe.

(B)

(C)

Any application to rezone land to the PTD designation, shall constitute an amendment to the zoning ordinance pursuant to section 30-14. This information shall be accompanied by graphic and written information, which shall constitute a preliminary master plan. All information submitted shall be of sufficient clarity and scale to clearly and accurately identify the location, nature, and character of the proposed district.

(D)

(E)

The commission shall make a report of its findings to the board of supervisors within ninety (90) days of the receipt of the materials, unless the applicant requests, or agrees to an extension of this time frame. The commission's report shall recommend approval, approval with modifications, or disapproval of the preliminary master plan. Failure of the commission to make a report of its findings to the board of supervisors within this period shall constitute a commission recommendation of approval.

(F)

If the commission recommends denial of the preliminary master plan, or approval with modification, the applicant shall, if requested, have sixty (60) days to make any modifications. If the applicant desires to make any modifications to the preliminary master plan, the board of supervisor's review and action shall be delayed until such changes are made and submitted for review.

(G)

The board of supervisors shall review the preliminary master plan, and after holding a public hearing act to approve or deny the plan within ninety (90) days. Approval of the preliminary master plan shall constitute acceptance of the plan's provisions and concepts as proffers pursuant to section 30-15 of this ordinance. The plan approved by the board of supervisors shall constitute the final master plan for the PTD. Once approved by the board of supervisors, the administrator shall authorize the revisions to the official zoning map to indicate the establishment of the PTD district.

(Ord. No. 92794-17, § 1, 9-27-94; Ord. No. 042799-11, § 1a., 4-27-99; Ord. No. 042208-16, § 1, 4-22-08)

Sec. 30-63-7.- Revisions to Final Master Plan.

(A)

Major revisions to the final master plan shall be reviewed and approved following the procedures and requirements of section 30-63-6. Major revisions include, but are not limited to changes such as:

Any significant increase in the density of the development;

Substantial change in circulation or access;

Substantial change in grading or utility provisions;

Substantial changes in the mixture of land uses;

Substantial change in architectural or site design features of the development;

Any other change that the administrator finds is a major divergence from the approved final master plan.

(B)

All other changes in the final master plan shall be considered minor amendments. The administrator, upon receipt of a written request of the owner, may approve such minor amendments.

If the administrator fails to act on a request for a minor amendment to the master plan within thirty (30) calendar days, it shall be considered approved.

A request which is disapproved by the administrator shall be considered a major amendment and shall be subject to the approval process outlined above for such amendments.

(Ord. No. 92794-17, § 1, 9-27-94; Ord. No. 042898-15, §§ 1, 2, 4-22-98; Ord. No. 052411-9, § 1, 5-24-11)

Sec. 30-63-8.- Approval of Preliminary and Final Site Development Plans.

(A)

Following the approval of the final master plan, the applicant or its authorized agent, shall be required to submit preliminary and final site development plans for approval. Final site development plans for any phase or component of the PTD that involves the construction of structures or facilities, shall be approved prior to the issuance of a building and zoning permit, and the commencement of construction. Standards for preliminary and final site development plans are found in a document entitled land development procedures, available in the department of development services.

(B)

It is the intent of this section that subdivision review under the subdivision regulations be carried out simultaneously with the review of a planned industrial development under this section. The plans required under this section shall be submitted in a form which will satisfy the requirements of the subdivision regulations, as determined by the administrator.

(C)

Preliminary and final site development plans submitted for review shall be in compliance with the final master plan approved by the board of supervisors. Roanoke County shall review and approve or disapprove any final site development plan within sixty (60) days of its submittal.

(Ord. No. 92794-17, § 1, 9-27-94; Ord. No. 042898-15, §§ 1, 2, 4-22-98; Ord. No. 042799-11, § 1d., 4-27-99; Ord. No. 062717-4, § 1, 6-27-17; Ord. No. 020921-8, § 1, 2-9-21)

Sec. 30-63-9.- Reserved.

Editor's note— Ord. No. 062717-4, § 1, adopted June 27, 2017, repealed § 30-63-9 which pertained to failure to begin development and derived from Ord. No. 92794-17, adopted September 27, 1994 and Ord. No. 042898-15, adopted April 22, 1998.

Sec. 30-63-10.- Control Following Approval of Final Development Plans.

(A)

The zoning administrator shall periodically inspect the site and review all building permits issued for the development to ensure that the development is in general compliance with the submitted schedule.

(Ord. No. 92794-17, § 1, 9-27-94; Ord. No. 042898-15, §§ 1, 2, 4-22-98)

SEC. 30-71.- EP EXPLORE PARK DISTRICT. [2]

Footnotes:

--- (2) ---

Editor's note— Ord. No. 122005-11, § 1, adopted December 20, 2005, amended the Code by, in effect, repealing and replacing former § 30-71. Former § 30-17 pertained to similar subject matter, and derived from Ord. No. 042799-11, adopted April 27, 1999.

Sec. 30-71-1.- Purpose.

(A)

The purpose of this district is to establish an area within the county that is designated and reserved solely for activities associated with Explore Park, (hereafter referred to as the park). These district regulations are designed to permit current Park uses while facilitating, through adequate public review, the development of the park as a regional destination which incorporates significant natural areas within its boundaries. They are also designed to ensure that the facilities and services are adequate to ensure the safe and efficient operation of the park with a minimum of impact on the surrounding neighborhood and the larger community.

(Ord. No. 122005-11, § 1, 12-20-05; Ord. No. 052819-10, § 1, 5-28-19)

Sec. 30-71-2.- Applicability.

(A)

These regulations shall only apply to land in the County of Roanoke owned or leased by the Virginia Recreational Facilities Authority (VRFA) or the County of Roanoke associated with Explorer Park, and to any facilities, and/or operations on such land.

(Ord. No. 122005-11, § 1, 12-20-05; Ord. No. 052819-10, § 1, 5-28-19)

Sec. 30-71-3.- Permitted Uses.

(A)

The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards are listed in Article IV, Use and Design Standards, for those specific uses.

Agricultural and Forestry Uses.

Agriculture

Stables, Commercial *

Wayside Stand *

Civic Uses.

Administrative Services

Camps*

Cultural Services

Educational Facilities, College/University *

Post Office

Public Assembly

Public Maintenance and Service Facilities

Public Parks and Recreational Areas*

Religious Assembly *

Safety Services *

Utility Services, Minor

Office Uses.

Financial Institutions *

General Office

Commercial Uses.

Antique Shops

Automobile Rental/Leasing

Automobile Repair Service, Minor *

Bed and Breakfast *

Bed and Breakfast Inn *

Business Support Services

Campgrounds *

Commercial Indoor Amusement

Commercial Indoor Entertainment

Commercial Indoor Sports and Recreation

Commercial Outdoor Entertainment

Commercial Outdoor Sports and Recreation

Communication Services

Convenience Store *

Gasoline Station *

Golf Course*

Hotel/Motel/Motor Lodge

Marina

Recreational Vehicle Sales and Service *

Restaurant, General

Restaurant, Drive-In or Fast Food*

Retail Sales *

Special Events Facility *

Studio, Fine Arts

Industrial Uses.

Industry, Type I

Miscellaneous Uses.

Shooting Range, Outdoor *

Wind Energy System, Small *

Wireless Communication Facility, Class 1*

Wireless Communication Facility, Class 2*

(B)

Miscellaneous Uses.

Broadcasting Tower *

Wireless Communication Facility, Class 3*

(Ord. No. 122005-11, § 1, 12-20-05; Ord. No. 030811-1, § 1, 3-8-11; Ord. No. 052411-9, § 1, 5-24-11; Ord. No. 052819-10, § 1, 5-28-19; Ord. No. 072225-9, § 1, 7-22-25)

Sec. 30-71-4.- Site development regulations.

General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Use and Design Standards.

(A)

Setbacks. Minimum setback requirements for structures from exterior lot lines and public roads:

Front yard: 30 feet, or 20 feet when all parking is located behind the front building line.

Side yard: 10 feet.

Rear yard: 15 feet.

(B)

Height. Maximum structure height shall be forty-five (45) feet including rooftop mechanical. The maximum height may be increased provided each required yard (front, side, rear, or buffer) from an exterior property line is increased two (2) feet for each foot in height over forty-five (45) feet, up to a maximum height of one hundred twenty-five (125) feet. Zip line towers, observation towers and wireless communication facilities shall shall be exempt from this section.

(C)

Signage. All visible signs from public right-of-way shall be no higher than twenty-five (25) feet and shall have a consistent design treatment.

(D)

Buffers. When Explore Park development adjoins a residential or civic use type exterior to the Explore Park District boundaries, a Type C buffer yard in accordance with section 30-92 shall be provided along the property line which adjoins the residential or civic use type.

(E)

Lighting. All exterior lighting fixtures shall be designed, located and arranged so as not to direct glare on adjoining streets or surrounding properties. The lighting intensity at adjoining properties exterior to the Explore Park District shall not exceed 0.5 foot candles.

(F)

Roads. Roads within the Explore Park District may be public or private. Private roads shall provide for emergency access.

(G)

Open space/developed area. Within the park, there shall be limits on developed areas in order to ensure that at least thirty (30) percent of the acreage of the park, within the jurisdiction of the County of Roanoke, consists of open space, forested space, trails, buffers or natural areas. To achieve that objective, those uses which are identified in section 30-71-3 (A) and (B) shall not exceed seventy (70) percent of the park's acreage in the County of Roanoke.

Calculation of developed area ratio.

Buildings and other structures, streets and other paving, utilities, filling, grading, and excavating shall be included in the calculation of developed area.

Any pasture, crop land, forested areas, trails, ponds other than stormwater detention areas, recreated natural features, buffers and similar open or yard areas shall not be calculated as developed areas.

(Ord. No. 052819-10, § 1, 5-28-19; Ord. No. 072225-9, § 1, 7-22-25)

Editor's note— Ord. No. 052819-10, § 1, adopted May 28, 2019, repealed § 30-71-4 and enacted a new § 30-71-4 as set out herein. Former § 30-71-4 pertained to rezoning application process and derived from Ord. No. 122005-11, adopted December 20, 2005.

Sec. 30-72-1.- Purpose.

(A) The purpose of this section is to regulate and restrict the use of property and the height of structures and objects of natural growth, in the vicinity of the Roanoke Regional Airport by creating certain airport overlay zones and to define the boundaries thereof.

Sec. 30-72-2.- Creation of Zones.

(A) There are hereby created and established within the county certain zones which include all of the land lying within Instrument Approach Zones, Noninstrument Approach Zones, Transition Zones, Horizontal Zone and Conical Zone, as such zones are hereinafter defined. These zones are shown on a map entitled, "Roanoke Regional Airport Zoning Map" consisting of one sheet, prepared by the Roanoke City Engineer's Office. This map, identified and authenticated by the signature of the Roanoke City Mayor, is hereby adopted and made a part of this ordinance by reference. The map shall be supplementary to the Official County Zoning Map, and a copy shall be kept on file in the county department of development services.

(B) Airport zones as shown on the Roanoke Regional Airport Zoning Map are hereby established and defined as follows:

Instrument Approach Zones. Instrument Approach Zones shall have a width of one thousand (1,000) feet at a distance of two hundred (200) feet beyond each end of the runway, widening thereafter uniformly to a width of sixteen thousand (16,000) feet at a distance of fifty thousand two hundred (50,200) feet beyond each end of the runway, its centerline being the continuation of the centerline of the runway.

Noninstrument Approach Zones. Noninstrument Approach Zones shall have a width of five hundred (500) feet at a distance of two hundred (200) feet beyond each end of the runway, widening thereafter uniformly to a width of two thousand five hundred (2,500) feet at a distance of ten thousand two hundred (10,200) feet beyond each end of the runway, its centerline being the continuation of the centerline of the runway.

Transition Zones. Transition Zones are symmetrically located on either side of runways. These zones have variable widths as shown on the Roanoke Regional Airport Zoning Map. Transition Zones extend outward from a line two hundred fifty (250) feet on either side of the centerline of the noninstrument runway, for the length of such runway plus two hundred (200) feet on each end; and five hundred (500) feet on either side of the centerline of the instrument runway, for the length of such runway plus two hundred (200) feet on each end, and are parallel and level with such runway centerlines. The Transition Zones along such runways slope upward and outward one (1) foot vertically for each seven (7) feet horizontally to the point where they intersect the surface of the horizontal zone.

Further, Transition Zones shall be adjacent to both instrument and noninstrument approach zones for the entire length of the approach zones. These Transition Zones have variable widths, as shown on the Roanoke Regional Airport Zoning Map. Such Transition Zones flare symmetrically with either side of the runway approach zones from the base of such zones and slope upward and outward at the rate of one (1) foot vertically for each seven (7) feet horizontally to the points where they intersect the surfaces of the horizontal and conical zones. Furthermore, Transition Zones shall be adjacent to the instrument approach zone where it projects through and beyond the limits of the conical zone, extending a distance of five thousand (5,000) feet measured horizontally from the edge of the instrument approach zones at right angles to the continuation of the centerline of the runway.

Horizontal Zone. The Horizontal Zone shall be the area within a circle with its center at the airport reference point and having a radius of seven thousand (7,000) feet. The horizontal zone does not include the instrument and noninstrument approach zones and the transition zones.

Conical Zone. Conical Zone shall be the area that commences at the periphery of the horizontal zone and extends outward therefrom a distance of five thousand (5,000) feet. The conical zone does not include the instrument approach zones and transition zones.

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

Sec. 30-72-3.- Height Limitations.

(A) Except as may otherwise be provided in this section, no structure or tree shall be erected, altered, allowed to grow or maintained in any zone created by this section to a height in excess of the height limit herein established for such zone. Such height limitations are hereby established for each of the zones as follows:

Instrument Approach Zones. One foot in height for each fifty (50) feet in horizontal distance beginning at a point two hundred (200) feet from and at the centerline elevation of the end of the instrument runway and extending to a distance of ten thousand two hundred (10,200) feet from the end of the runway; thence one foot in height for each forty (40) feet in horizontal distance to a point fifty thousand two hundred (50,200) feet from the end of the runway.

Noninstrument Approach Zones. One foot in height for each forty (40) feet in horizontal distance beginning at a point two hundred (200) feet from and at the centerline elevation of the end of the noninstrument runway and extending to a point ten thousand two hundred (10,200) feet from the end of the runway.

Transition Zone. One foot in height for each seven (7) feet in horizontal distance beginning at any point two hundred fifty (250) feet normal to and at the elevation of the centerline of noninstrument runways, extending two hundred (200) feet beyond each end thereof, and five hundred (500) feet normal to and at the elevation of the centerline of the instrument runway, extending two hundred feet (200) beyond each end thereof, extending to a height of one hundred fifty (150) feet above the airport elevation which is one thousand one hundred seventy-five (1,175) feet above mean sea level.

In addition to the foregoing, there shall be height limits of one foot vertical height for each seven (7) feet horizontal distance measured from the edges of all approach zones for the entire length of the approach zones and extending upward and outward to the points where they intersect the horizontal or conical surfaces. Further, where the instrument approach zone projects through and beyond the conical zone, a height limit of one foot for each seven (7) feet of horizontal distance shall be maintained beginning at the edge of the instrument approach zone and extending a distance of five thousand (5,000) feet from the edge of the instrument approach zone measured normal to the centerline of the runway extended.

Horizontal Zone. One hundred fifty (150) feet above the airport elevation or a height of one thousand one hundred seventy-five (1,175) feet above mean sea level.

Conical Zone. One foot in height for each twenty (20) feet of horizontal distance beginning at the periphery of the horizontal zone, extending to a height of four hundred (400) feet above the airport elevation.

(B) Where an area is covered by more than one height limitation, the more restrictive limitation shall prevail.

(C) Nothing in this section shall be construed as prohibiting the growth, construction or maintenance of any tree or structure to a height up to forty-five (45) [feet] above the surface of the land.

Sec. 30-72-4.- Use Restrictions.

(A) No use may be made of land within any zone established by this section in such a manner as to create electrical interference with radio communication between the airport and aircraft, make it difficult for flyers to distinguish between airport lights and others, result in glare in the eyes of flyers using the airport, impair visibility in the vicinity of the airport or otherwise endanger the landing, taking off or maneuvering of aircraft.

(B) The regulations prescribed by this section shall not be construed to require the removal, lowering or other changes or alteration of any structure or tree not conforming to the regulations as of the effective date of this section. Nothing herein contained shall require any change in the construction, alteration or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this ordinance, and is completed within one year, except as otherwise provided by this section.

(C) Notwithstanding the provisions contained in the immediately preceding subsection, the owner of any structure, tree, natural growth or use of which existed prior to the adoption of this section and is inconsistent with or in violation of the provisions of this section or an amendment thereto shall be required, as a condition of the continued maintenance of such structure, tree or use, to permit the city's installation, operation and maintenance thereon of such markers and lights as shall be deemed necessary by the Federal Aviation Agency or the city's airport manager so as to indicate the presence of such object or hazardous use to operators of aircraft in the vicinity of the airport. Such markers and lights shall be installed, operated and maintained at the expense of the city and not of such owner.

(D) All of the provisions of this section shall be considered by the administrator when reviewing application for zoning permits. The applicant for a zoning permit shall include and submit adequate information and detail necessary to ensure that the limitations of this section shall not be exceeded.

(E) Other than as provided in subsections immediately preceding, any variance authorized to the provisions of this section shall be so conditioned as to require the owner of the structure or tree in question, as his own expense, to install, operate and maintain thereon such markers and lights as may be deemed necessary by the board of zoning appeals, acting with the advice and recommendation of the Federal Aviation Agency or the airport manager.

(F) Structures of public utilities shall be excluded from the requirements of the section provided plans for such structures have first been reviewed and determined by the Federal Aviation Agency to have no adverse effect on air navigation as provided in part 77 of the Federal Aviation Agency's Regulations.

Sec. 30-73-1.- Purpose.

(A)

This overlay district is established for the general purpose of protecting the health, safety, and general welfare of the public by restricting the height of certain structures and objects of natural growth which lie within established fire, police and emergency services communication corridors. Such structures and objects can interfere with routine and emergency communications which are necessary to protect against the loss of life, health, or property.

(Ord. No. 022812-5, § 1, 2-28-12)

Sec. 30-73-2.- Creation of overlay.

(A)

The requirements of this section shall be considered an overlay to the underlying zoning district designations as shown on the official zoning map. As overlay regulations, this section shall be supplemental to the underlying zoning district provisions.

(Ord. No. 022812-5, § 1, 2-28-12)

Sec. 30-73-3.- Emergency communication zones.

(A)

Emergency communication zones are hereby established. These zones shall include all of the land lying beneath and within one hundred (100) feet to either side of the transmission paths of emergency communications from a microwave transmission system, and shall also include all of the land lying beneath and within one hundred-foot buffer around the paging sites and a buffer of varying widths for the line of sight systems. These emergency communication zones are shown on a map entitled "Roanoke County Emergency Communications Zoning Map," dated February 28, 2012. This map shall be kept as a supplement to the official zoning map.

(Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 022812-5, § 1, 2-28-12)

Sec. 30-73-4.- Height and use limitations.

(A)

No structure shall be erected, altered, or maintained, and no tree shall be allowed to grow to a height which could obstruct the transmission of emergency communications.

(B)

No use may be made of any property which would create interference with the transmission of emergency communications.

(Ord. No. 022812-5, § 1, 2-28-12)

Sec. 30-73-5.- Permits.

(A)

Any application for a building permit for construction on any property located within an emergency communication zone shall be evaluated by the zoning administrator and referred to the CommIT department as needed.

(B)

The applicant shall satisfy the CommIT department that the proposed structure will comply with the height and use limitations of this section.

(Ord. No. 042799-11, § 2, 4-27-99; Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 022812-5, § 1, 2-28-12)

Sec. 30-73-6.- Appeals.

(A)

Any decision of the CommIT department with regards to the requirements of this section shall be considered a decision of the administrator, and may be appealed to the board of zoning appeals pursuant to the provisions of this ordinance.

(Ord. No. 042799-11, § 2, 4-27-99; Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 022812-5, § 1, 2-28-12)

SEC. 30-74.- FO FLOODPLAIN OVERLAY DISTRICT. [3]

Footnotes:

--- (3) ---

Editor's note— Ord. No. 090820-14, § 1, adopted September 8, 2020, in effect, repealed § 30-74, §§ 30-74-1—30-74-13 and enacted a new § 30-74 as set out herein. Former § 30-74 pertained to similar subject matter and derived from Ord. No. 92893-18, § 1, adopted September 28, 1993; Ord. No. 42694-12, §§ 10, 11, adopted April 26, 1994; Ord. No. 92695-18, § 1, adopted September 26, 1995; Ord. No. 042799-11, §§ 1c., 1f, adopted April 27, 1999; Ord. No. 012505-4, § 1, adopted January 25, 2005; and Ord. No. 082807-19, § 1, adopted August 28, 2007.

Sec. 30-74-1.- Purpose.

(A)

The purpose of the Floodplain Overlay (FO) District is to provide mandatory floodplain restrictions for Federal Emergency Management Agency (FEMA) compliance. The purpose of these floodplain provisions is to prevent the following:

The loss of life, health or property;

The creation of health and safety hazards;

The disruption of commerce and governmental services;

The extraordinary and unnecessary expenditure of public funds for flood protection and relief; and

The impairment of the tax base.

(B)

These provisions are designed to accomplish the above purposes by:

Regulating uses, activities, and development which, acting alone or in combination with other existing or future uses, activities, and development, will cause unacceptable increases in flood heights, velocities, and frequencies;

Restricting or prohibiting certain uses, activities, and development from locating within areas subject to flooding;

Requiring all those uses, activities, and developments that do occur in flood-prone areas to be protected and/or flood-proofed against flooding and flood damage; and

Protecting individuals from buying lands and structures which are unsuited for intended purposes because of flood hazards.

(Ord. No. 090820-14, § 1, 9-8-20)

Sec. 30-74-2.- Applicability and Administration.

(A)

These provisions shall apply to all lands within the jurisdiction of Roanoke County and identified as special flood hazard areas (SFHAs), shown on the Flood Insurance Rate Map (FIRM) or included in the flood insurance study (FIS) provided to Roanoke County by FEMA.

(B)

These provisions shall supersede any regulations currently in effect in floodplain areas. Where conflict exists between these provisions and those of any underlying zoning district, the more restrictive provisions shall apply.

(C)

In the event any provision concerning a floodplain area is declared inapplicable as a result of any legislative or administrative actions or judicial discretion, the basic underlying zoning district provisions shall remain applicable.

(Ord. No. 090820-14, § 1, 9-8-20)

Sec. 30-74-3.- Compliance.

(A)

No land shall hereafter be developed and no structure shall be located, relocated, constructed, enlarged, or structurally altered except in full compliance with the terms and provisions of this section and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this section.

(B)

The degree of flood protection sought by the provisions of this section is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study, but does not imply total flood protection. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This section does not imply that areas outside floodplain areas, or that land uses permitted within such areas, will be free from flooding or flood damages.

(C)

This ordinance shall not create liability on the part of Roanoke County or any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder.

(Ord. No. 090820-14, § 1, 9-8-20)

Sec. 30-74-4.- Severability.

If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance shall be declared invalid for any reason whatever, such decision shall not affect the remaining portions of this ordinance. The remaining portions shall remain in full force and effect; and for this purpose, the provisions of this ordinance are hereby declared to be severable.

(Ord. No. 090820-14, § 1, 9-8-20)

Sec. 30-74-5.- Designation of the Floodplain Administrator.

The county administrator shall designate the floodplain administrator for Roanoke County.

(Ord. No. 090820-14, § 1, 9-8-20)

Sec. 30-74-6.- Duties and Responsibilities of the Floodplain Administrator.

The duties and responsibilities of the floodplain administrator shall include but are not limited to:

(A)

Review applications for permits to determine whether proposed activities will be located in the special flood hazard area (SFHA).

(B)

Interpret floodplain boundaries and provide available base flood elevation and flood hazard information.

(C)

Review applications to determine whether proposed activities will be reasonably safe from flooding and require new construction and substantial improvements to meet the requirements of these regulations.

(D)

Review applications to determine whether all necessary permits have been obtained from the federal, state or local agencies from which prior or concurrent approval is required; in particular, permits from state agencies for any construction, reconstruction, repair, or alteration of a dam, reservoir, or waterway obstruction (including bridges, culverts, structures), any alteration of a watercourse, or any change of the course, current, or cross section of a stream or body of water, including any change to the one hundred-year frequency floodplain of free-flowing non-tidal waters of the state.

(E)

Verify that applicants proposing an alteration of a watercourse have notified adjacent communities, the Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management), and other appropriate agencies (Virginia Department of Environmental Quality (VADEQ), United States Army Corps of Engineers (USACE)) and have submitted copies of such notifications to FEMA.

(F)

Approve applications and issue permits to develop in flood hazard areas if the provisions of these regulations have been met, or disapprove applications if the provisions of these regulations have not been met.

(G)

Inspect or cause to be inspected, buildings, structures, and other development for which permits have been issued to determine compliance with these regulations or to determine if non-compliance has occurred or violations have been committed.

(H)

Review elevation certificates and require incomplete or deficient certificates to be corrected.

(I)

Submit to FEMA, or require applicants to submit to FEMA, data and information necessary to maintain the FIRM, including hydrologic and hydraulic engineering analyses prepared by or for Roanoke County, within six (6) months after such data and information becomes available if the analyses indicate changes in base flood elevations.

(J)

Maintain and permanently keep records that are necessary for the administration of these regulations, including:

Flood insurance studies, Flood Insurance Rate Maps (including historic studies and maps and current effective studies and maps) and letters of map change (LOMC); and

Documentation supporting issuance and denial of permits, elevation certificates, documentation of the elevation (in relation to the datum on the FIRM) to which structures have been flood-proofed, inspection records, other required design certifications, variances, and records of enforcement actions taken to correct violations of these regulations.

(K)

Enforce the provisions of these regulations, investigate violations, issue notices of violations or stop work orders and require permit holders to take corrective action.

(L)

Advise the board of zoning appeals (BZA) regarding the intent of these regulations and, for each application for a variance, prepare a staff report and recommendation.

(M)

Administer the requirements related to proposed work on existing buildings:

Make determinations in consultation with the building official as to whether buildings and structures that are located in flood hazard areas and that are damaged by any cause have been substantially damaged.

Make reasonable efforts to notify owners of substantially damaged structures of the need to obtain a permit to repair, rehabilitate, or reconstruct. Prohibit the non-compliant repair of substantially damaged buildings except for temporary emergency protective measures necessary to secure a property or stabilize a building or structure to prevent additional damage.

(N)

Undertake other actions which may include but are not limited to: issuing press releases, public service announcements, and other public information materials related to permit requests and repair of damaged structures; coordinating with other federal, state, and local agencies to assist with substantial damage determinations; providing owners of damaged structures information related to the proper repair of damaged structures in special flood hazard areas; and assisting property owners with documentation necessary to file claims for increased cost of compliance coverage under the National Flood Insurance Program (NFIP) flood insurance policies.

(O)

Notify FEMA when the corporate boundaries of Roanoke County have been modified and:

Provide a map that clearly delineates the new corporate boundaries or the new area for which the authority to regulate pursuant to these regulations has either been assumed or relinquished through annexation; and

If the FIRM for any annexed area includes special flood hazard areas that have flood zones that have regulatory requirements that are not set forth in these regulations, prepare amendments to these regulations to adopt the FIRM and appropriate requirements, and submit the amendments to the governing body for adoption; such adoption shall take place at the same time as or prior to the date of annexation and a copy of the amended regulations shall be provided to Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management) and FEMA.

(P)

Upon the request of FEMA, complete and submit a report concerning participation in the NFIP which may request information regarding the number of buildings in the SFHA, number of permits issued for development in the SFHA, and number of variances issued for development in the SFHA.

(Q)

It is the duty of the floodplain administrator to take into account flood, mudslide and flood-related erosion hazards, to the extent that they are known, in all official actions relating to land management and use throughout the entire jurisdictional area of the community, whether or not those hazards have been specifically delineated geographically (e.g. via mapping or surveying).

(Ord. No. 090820-14, § 1, 9-8-20)

Sec. 30-74-7.- Use and Interpretation of FIRMS.

The floodplain administrator shall make interpretations, where needed, as to the exact location of SFHAs, floodplain boundaries, and floodway boundaries. The following shall apply to the use and interpretation of FIRMs and data:

(A)

Where field surveyed topography indicates that adjacent ground elevations:

Are below the base flood elevation in riverine SFHAs, even in areas not delineated as a special flood hazard area on a FIRM, the area shall be considered as SFHA and subject to the requirements of these regulations;

Are above the base flood elevation and the area is labelled as a SFHA on the FIRM, the area shall be regulated as SFHA unless the applicant obtains a letter of map change that removes the area from the SFHA.

(B)

In FEMA-identified SFHAs where base flood elevation and floodway data have not been identified and in areas where FEMA has not identified SFHAs, any other flood hazard data available from a federal, state, or other source shall be reviewed and reasonably used.

(C)

Base flood elevations and designated floodway boundaries on the FIRM and in the FIS shall take precedence over base flood elevations and floodway boundaries by any other sources if such sources show reduced floodway widths and/or lower base flood elevations.

(D)

Other sources of data shall be reasonably used if such sources show increased base flood elevations and/or larger floodway areas than are shown on the FIRM and in the FIS.

(E)

If a preliminary FIRM and/or a preliminary FIS has been provided by FEMA:

Upon the issuance of a letter of final determination by FEMA, the preliminary flood hazard data shall be used and shall replace the flood hazard data previously provided from FEMA for the purposes of administering these regulations.

Prior to the issuance of a letter of final determination by FEMA, the use of preliminary flood hazard data shall be deemed the best available data pursuant to Section 30-74-8(A)3 and used where no base flood elevations and/or floodway areas are provided on the effective FIRM.

Prior to issuance of a letter of final determination by FEMA, the use of preliminary flood hazard data is permitted where the preliminary base flood elevations or floodway areas exceed the base flood elevations and/or designated floodway widths in existing flood hazard data provided by FEMA. Such preliminary data may be subject to change and/or appeal to FEMA.

(Ord. No. 090820-14, § 1, 9-8-20)

Sec. 30-74-8.- Delineation of Areas.

(A)

The various special flood hazard areas shall include the SFHAs. The basis for the delineation of these areas shall be the FIS and the FIRM for Roanoke County prepared by FEMA, dated September 28, 2007, as amended, and any subsequent revisions or amendments thereto.

Roanoke County may identify and regulate local flood hazard and ponding areas that are not delineated on the FIRM. These areas may be noted on a "Local Flood Hazard Map" using the best available topographic data and locally derived information such as flood of record, historic high water marks or approximate study methodologies.

The boundaries of the SFHAs are established as shown on the FIRM which is declared to be a part of this ordinance and which shall be kept on file at the Roanoke County offices. These areas are more specifically defined as follows:

The floodway is part of an AE Zone and is delineated, for purposes of this section, using the criteria that a certain area within the floodplain must be capable of carrying the waters of the one percent annual chance flood without increasing the water surface elevation of that flood more than one foot at any point. These floodways are specifically defined in Table 5 of the above referenced FIS and shown on the accompanying FIRM.

The following provisions shall apply within the floodway of an AE zone:

Within any floodway area, no encroachments, including fill, new construction, substantial improvements, or other development shall be permitted unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed encroachment will not result in any increase in flood levels within the community during the occurrence of the base flood discharge. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently-accepted technical concepts. Studies, analyses, computations and other required information shall be submitted in sufficient detail to allow a thorough review by the floodplain administrator.

Development activities which increase the water surface elevation of the base flood may be allowed, provided that the applicant first applies—with Roanoke County's endorsement—for a conditional letter of map revision (CLOMR), and receives the approval of the FEMA.

Once approved by FEMA, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Sections 30-74-13 and 30-74-15.

The placement of manufactured homes (mobile homes) is prohibited, except in an existing manufactured home park or subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring, elevation, and encroachment standards are met.

The AE or AH Zones that are designated as AE or AH Zones on the FIRM accompanying the FIS shall be the areas for which one percent annual chance flood elevations have been provided and the floodway has not been delineated. The following provisions shall apply within an AE or AH zone where FEMA has provided base flood elevations:

Until a regulatory floodway is designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within the SFHA, designated as Zones AE or AH on the FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within Roanoke County.

Development activities in Zones AE or AH on the County of Roanoke's FIRM which increase the water surface elevation of the base flood by more than one foot may be allowed, provided that the applicant first applies—with Roanoke County's endorsement—for a CLOMR, and receives the approval of FEMA.

The A Zone, or approximated floodplain, on the FIRM accompanying the FIS, shall be those floodplain areas for which no detailed flood profiles or elevations are provided, but the one percent annual chance floodplain boundary has been approximated, and all other floodplain areas where the drainage area is greater than one hundred (100) acres. For these areas, the following provisions shall apply:

The base flood elevations and floodway information from federal, state, and other acceptable sources shall be used, when available. Where the specific one percent annual chance flood elevation cannot be determined for this area using other sources of data, such as the USACE Floodplain Information Reports, U.S. Geological Survey Flood-Prone Quadrangles, and similar sources, then the applicant for the proposed use, development and/or activity shall determine this base flood elevation. For development proposed in the approximate floodplain the applicant must use technical methods that correctly reflect currently accepted practices, such as point on boundary, high water marks, or detailed methodologies hydrologic and hydraulic analyses. Studies, analyses, computations, and other information shall be submitted in sufficient detail to allow a thorough review by the floodplain administrator.

The floodplain administrator reserves the right to require a hydrologic and hydraulic analysis for any development. When such base flood elevation data is utilized, the lowest floor shall be elevated to or above the base flood level plus twelve (12) inches for non-residential structures and twenty-four (24) inches for residential structures.

During the permitting process, the floodplain administrator shall obtain:

The elevation of the lowest floor (in relation to mean sea level), including the basement, of all new and substantially improved structures; and,

ii.

If the structure has been flood-proofed in accordance with the requirements of Section 30-74, the elevation (in relation to mean sea level) to which the structure has been flood-proofed.

Base flood elevation data shall be obtained from other sources or developed using detailed methodologies comparable to those contained in a FIS for subdivision proposals and other proposed development proposals (including manufactured home parks and subdivisions) that exceed fifty (50) lots or five (5) acres, whichever is the lesser.

The AO Zone, shall be those areas of shallow flooding identified as AO on the FIRM accompanying the FIS. For these areas, the following provisions shall apply:

All new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elevated to or above the flood depth specified on the FIRM, above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM. If no flood depth number is specified, the lowest floor, including basement, shall be elevated no less than two (2) feet above the highest adjacent grade.

All new construction and substantial improvements of non-residential structures shall:

Have the lowest floor, including basement, elevated to or above the flood depth specified on the FIRM, above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM. If no flood depth number is specified, the lowest floor, including basement, shall be elevated at least two (2) feet above the highest adjacent grade; or,

ii.

Together with attendant utility and sanitary facilities be completely flood-proofed to the specified flood level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

Adequate drainage paths around structures on slopes shall be provided to guide floodwaters around and away from proposed structures.

(B)

The mapped floodplain, includes all of the above regions and also the regions designated as having a 0.2 percent annual chance of flooding on any flood map or flood insurance study. In this area, no new emergency service, medical service, or governmental records storage shall be allowed except through the variance process.

(Ord. No. 090820-14, § 1, 9-8-20)

Sec. 30-74-9.- Creation of Overlay.

(A)

The floodplain areas described above shall be an overlay to the existing underlying zoning districts as shown on the official zoning map, and as such, the provisions for the floodplain areas shall serve as a supplement to the underlying zoning district provisions.

(B)

The boundaries of the floodplain areas are established as shown on the FIRM which is declared to be part of this chapter and which shall be kept on file in the office of the floodplain administrator.

(Ord. No. 090820-14, § 1, 9-8-20)

Sec. 30-74-10.- Floodplain Boundary Changes and Interpretation.

(A)

In regards to jurisdictional boundary changes, the county floodplain ordinance in effect on the date of annexation shall remain in effect and shall be enforced by the municipality for all annexed areas until the municipality adopts and enforces an ordinance which meets the requirements for participation in the National Flood Insurance Program. Municipalities with existing floodplain ordinances shall pass a resolution acknowledging and accepting responsibility for enforcing floodplain ordinance standards prior to annexation of any area containing identified flood hazards. If the FIRM for any annexed area includes special flood hazard areas that have flood zones that have regulatory requirements that are not set forth in these regulations, prepare amendments to these regulations to adopt the FIRM and appropriate requirements, and submit the amendments to the governing body for adoption; such adoption shall take place at the same time as or prior to the date of annexation and a copy of the amended regulations shall be provided to Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management) and FEMA.

In accordance with the Code of Federal Regulations, Title 44 Subpart (B) Section 59.22(a)(9)(v) all NFIP participating communities must notify the Federal Insurance Administration (FIA) and optionally the State Coordinating Office in writing whenever the boundaries of the community have been modified by annexation or the community has otherwise assumed or no longer has authority to adopt and enforce floodplain management regulations for a particular area.

In order that the FIRM accurately represent the community's boundaries, a copy of a map of the community suitable for reproduction, clearly delineating the new corporate limits or new area for which the community has assumed or relinquished floodplain management regulatory authority must be included with the notification.

(B)

The delineation of any of the floodplain areas may be revised by Roanoke County where natural or man-made changes have occurred and/or where more detailed studies have been conducted or undertaken by USACE or other qualified agency, or an individual documents the need for such change. However, prior to any such change, approval must be obtained from FEMA. A completed LOMR is a record of this approval.

(C)

Initial interpretations of the boundaries of the floodplain areas shall be made by the floodplain administrator. Should a dispute arise concerning the boundaries of any of the floodplain areas, the BZA shall make the necessary determination. The person questioning or contesting the location of the floodplain area boundary shall be given an opportunity to present his case to the BZA and to submit technical evidence. Procedures for such appeals shall be as outlined in Section 30-24 of this ordinance.

(Ord. No. 090820-14, § 1, 9-8-20)

Sec. 30-74-11.- Submitting Model Backed Technical Data.

A community's base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six (6) months after the date such information becomes available, a community shall notify FEMA of the changes by submitting technical or scientific data. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based upon current data.

(Ord. No. 090820-14, § 1, 9-8-20)

Sec. 30-74-12.- Letters of Map Revision (LOMR).

(A)

When development in the floodplain will cause or causes a change in the base flood elevation, the applicant, including state agencies, must notify FEMA by applying for a CLOMR and then a LOMR. Example cases may include, but not be limited to:

Any development within the floodway that causes a rise in the base flood elevations.

Any development occurring in Zones A1-30 and AE without a designated floodway, which will cause a rise of more than one foot in the base flood elevation.

Alteration or relocation of a stream (including, but not limited to, installing culverts and bridges) 44 Code of Federal Regulations §65.3 and §65.6(a)(12).

(Ord. No. 090820-14, § 1, 9-8-20)

Sec. 30-74-13.- Floodplain Area Provisions, Generally.

(A)

All uses, activities, and development occurring within any floodplain area, including placement of manufactured homes, shall be undertaken only upon the issuance of a permit. Such development shall be undertaken only in strict compliance with the provisions of this section and with all other applicable codes and ordinances such as the Virginia Uniform Statewide Building Code (VA USBC) and the Roanoke County Subdivision Ordinance. Prior to the issuance of any such permit, the floodplain administrator shall require all applications to include compliance with all applicable state and federal laws and shall review all sites to assure they are reasonably safe from flooding. Under no circumstances shall any use, activity, and/or development adversely affect the capacity of the channels or floodways or any watercourse, drainage ditch, or any other drainage facility or system.

(B)

All applications for development in the floodplain district and all building permits issued for the floodplain shall incorporate the following information:

For structures to be elevated, the elevation of the lowest floor (including basement).

For structures to be flood-proofed (non-residential only), the elevation to which the structure will be flood-proofed.

The elevation of the base flood at the site.

Topographic information showing existing and proposed ground elevations.

(C)

For all new subdivisions which adjoin or include floodplain areas identified in the FIS, the base flood elevation shall be shown on the final record plat.

(D)

The following provisions shall apply to all permits:

New construction and substantial improvements shall be built according to Section 30-74-8 of this ordinance and the VA USBC, and anchored to prevent flotation, collapse or lateral movement of the structure.

Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state anchoring requirements for resisting wind forces.

New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

New construction or substantial improvements shall be constructed by methods and practices that minimize flood damage.

Electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities, including duct work, shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system.

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters.

On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding.

Prior to any proposed alteration or relocation of any channels or of any watercourse, stream, or other water feature, within this jurisdiction a permit shall be obtained from the USACE, the VADEQ, and the Virginia Marine Resources Commission (a joint permit application is available from any of these organizations). Furthermore, in riverine areas, notification of the proposal shall be given by the applicant to all affected adjacent jurisdictions, the Virginia Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management), other required agencies, and FEMA.

10.

The flood carrying capacity within an altered or relocated portion of any watercourse shall be maintained.

(Ord. No. 090820-14, § 1, 9-8-20)

Sec. 30-74-14.- Floodway Development Regulations.

(A)

In the floodway no development shall be permitted except where the effect of such development on flood heights is fully offset by accompanying improvements which have been approved by all appropriate authorities as required above.

(B)

The placement of any manufactured home, except in an existing manufactured home park within the floodway is specifically prohibited.

(C)

In the floodway, the following uses, types and activities are permitted provided that (1) they are in compliance with the provisions of the underlying zoning district, (2) are not prohibited by any other ordinance and (3) no specific land use requires any type of structure, fill, or storage of materials and equipment:

Agricultural;

Public parks and recreational areas;

Outdoor sports and recreation;

Golf courses;

Accessory residential uses such as yard areas, gardens, play areas, and loading areas;

Accessory industrial and commercial uses such as, but not limited to, yard areas, parking and loading areas, and airport landing strips.

(Ord. No. 090820-14, § 1, 9-8-20)

Sec. 30-74-15.- Elevation and Construction Standards.

In all identified flood hazard areas where base flood elevations have been provided in the FIS or generated by a certified professional in accordance with Section 30-74-8, the following provisions shall apply:

(A)

Residential construction. New construction or substantial improvement of any residential structure (including manufactured homes) in Zones AE, AH and A with detailed base flood elevations shall have the lowest floor, including basement, elevated to or above the base flood level plus twenty-four (24) inches. Equipment or mechanical items for all residential buildings constructed, substantially improved, and/or reconstructed due to substantial damage shall be elevated to or above the base flood level plus twelve (12) inches.

(B)

Non-residential construction.

New construction or substantial improvement of any commercial, industrial, or non-residential building (or manufactured home) shall have the lowest floor, including basement, elevated to or above the base flood level plus twelve (12) inches.

Non-residential buildings located in all AE, and AH zones may be flood-proofed in lieu of being elevated provided that all areas of the building components below the elevation corresponding to the BFE plus two (2) feet are water tight with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification, including the specific elevation (in relation to mean sea level) to which such structures are flood-proofed, shall be maintained by the floodplain administrator.

(C)

Space below the lowest floor. In zones A, AE, AH, and AO, fully enclosed areas, of new construction or substantially improved structures, which are below the regulatory flood protection elevation shall:

Not be designed or used for human habitation, but shall be used solely for parking of vehicles, building access, or limited storage of maintenance equipment used in connection with the premises. Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment (standard exterior door), or entry to the living area (stairway or elevator);

Be constructed entirely of flood resistant materials below the regulatory flood protection elevation;

Include measures to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters. To meet this requirement, the openings must either be certified by a professional engineer or architect or meet the following minimum design criteria:

Provide a minimum of two (2) openings on different sides of each enclosed area subject to flooding.

The total net area of all openings must be at least one square inch for each square foot of enclosed area subject to flooding.

If a building has more than one enclosed area, each area must have openings to allow floodwaters to automatically enter and exit.

The bottom of all required openings shall be no higher than one foot above the adjacent grade.

Openings may be equipped with screens, louvers, or other opening coverings or devices, provided they permit the automatic flow of floodwaters in both directions.

Foundation enclosures made of flexible skirting are not considered enclosures for regulatory purposes, and, therefore, do not require openings. Masonry or wood underpinning, regardless of structural status, is considered an enclosure and requires openings as outlined above.

(D)

Accessory structures. Accessory structures in the SFHA shall comply with the elevation requirements and other requirements of 30-74-15(B) or, if not elevated or dry flood-proofed, shall:

Not be used for human habitation;

Be limited to no more than six hundred (600) square feet in total floor area;

Be useable only for parking of vehicles or limited storage;

Be constructed with flood damage-resistant materials below the base flood elevation;

Be constructed and placed to offer the minimum resistance to the flow of floodwaters;

Be anchored to prevent flotation;

Have electrical service and mechanical equipment elevated to or above the base flood elevation;

Shall be provided with flood openings which shall meet the following criteria:

There shall be a minimum of two (2) flood openings on different sides of each enclosed area; if a building has more than one enclosure below the lowest floor, each such enclosure shall have flood openings on exterior walls.

The total net area of all flood openings shall be at least one square inch for each square foot of enclosed area (non-engineered flood openings), or the flood openings shall be engineered flood openings that are designed and certified by a licensed professional engineer to automatically allow entry and exit of floodwaters; the certification requirement may be satisfied by an individual certification or an evaluation report issued by the ICC Evaluation Service, Inc.

The bottom of each flood opening shall be one foot or less above the higher of the interior floor or grade, or the exterior grade, immediately below the opening.

Any louvers, screens or other covers for the flood openings shall allow the automatic flow of floodwaters into and out of the enclosed area.

(E)

Standards for manufactured homes and recreational vehicles.

All manufactured homes placed, or substantially improved, on individual lots or parcels, must meet all the requirements for new construction, including the elevation and anchoring requirements in Section 30-74-13 and Section 30-74-15.

All recreational vehicles located in a FEMA designated floodplain shall either:

Be on site for fewer than one hundred eighty (180) consecutive days, be fully licensed and inspected, and ready for highway use; or

Meet the minimum requirements for placement and the elevation and anchoring requirements for manufactured homes as contained in the VA USBC; or

Be fully licensed and highway ready. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions.

(F)

Standards for subdivision proposals.

All subdivision proposals shall be consistent with the need to minimize flood damage;

All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage;

All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards; and

When the FIS does not provide detailed base flood elevations, base flood elevation data shall be obtained from other sources or developed using detailed methodologies, hydraulic and hydrologic analysis, comparable to those contained in a flood insurance study for subdivision proposals and other proposed development proposals (including manufactured home parks and subdivisions) that exceed fifty (5) lots or five (5) acres, whichever is the lesser.

(Ord. No. 090820-14, § 1, 9-8-20)

Sec. 30-74-16.- Existing Structures in Floodplain Areas.

(A)

Any structure or use of a structure or premises must be brought into conformity with these provisions when it is changed, repaired, or improved unless one of the following exceptions is established before the change:

The floodplain administrator has determined that:

Change is not a substantial repair or substantial improvement; and

No new square footage is being built in the floodplain that is not compliant; and

No new square footage is being built in the floodway; and

The change complies with the zoning ordinance and the VA USBC.

The changes are required to comply with a citation for a health and safety violation.

The structure is a historic structure and the change requires would impair the historic nature of the structure.

(Ord. No. 090820-14, § 1, 9-8-20)

Sec. 30-74-17.- Variances.

(A)

Variances shall be issued only upon a showing of good and sufficient cause, and after the BZA has determined that failure to grant the variance would result in exceptional hardship to the applicant.

While the granting of variances generally is limited to a lot size less than one-half (½) acre, deviations from that limitation may occur. However, as the lot size increases beyond one-half (½) acre, the technical justification required for issuing a variance increases. Variances may be issued by the BZA for new construction and substantial improvements to be erected on a lot of one-half (½) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, in conformance with the provisions of this section.

Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that the criteria of this section are met, and the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

In passing upon applications for variances, the BZA shall satisfy all relevant factors and procedures set forth in Section 30-24-1 et seq. of the zoning ordinance and consider the following additional factors:

The danger to life and property due to increased flood heights or velocities caused by encroachments. No variance shall be granted for any proposed use, development, or activity within any floodway district that will cause any increase in the one percent chance flood elevation.

The danger that materials may be swept on to other lands or downstream to the injury of others.

The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions.

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners.

The importance of the services provided by the proposed facility to the county.

The requirements of the facility for a waterfront location.

The availability of alternative locations not subject to flooding for the proposed use.

The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.

The relationship of the proposed use to the comprehensive plan and floodplain management program for the county.

10.

The safety of access by ordinary and emergency vehicles to the property in time of flood.

11.

The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site.

12.

The historic nature of a structure. Variances for repair or rehabilitation of historic structures may be granted upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

13.

No variance shall be granted for an accessory structure exceeding six hundred (600) square feet.

14.

Such other factors which are relevant to the purposes of this Ordinance.

(B)

The BZA may refer any application and accompanying documentation pertaining to any request for a variance to any engineer or other qualified person or agency for technical assistance in evaluating the proposed project in relation to flood heights and velocities, and the adequacy of the plans for protection and other related matters. Variances shall only be issued after the BZA has determined that the granting of such will not result in:

Unacceptable or prohibited increases in flood heights;

Additional threats to public safety;

Extraordinary public expense;

Creation of nuisances;

Fraud or victimization of the public; or

Conflict with local laws or ordinances.

Variances shall only be issued after the BZA has determined that the variance will be the minimum to provide relief.

(C)

The BZA shall notify the applicant for a variance, in writing, that the issuance of a variance to construct a structure below the one percent flood elevation (a) increases the risks to life and property, and (b) will result in increased premium rates for flood insurance. A record of the above notification as well as all variance actions, including justification for their issuance, shall be maintained and any variances which are issued shall be noted in the annual report submitted to the FIA.

(Ord. No. 090820-14, § 1, 9-8-20)

Sec. 30-74-18.- Records.

Records of actions associated with administering this ordinance shall be kept on file and maintained by or under the direction of the floodplain administrator in perpetuity.

(Ord. No. 090820-14, § 1, 9-8-20)

Sec. 30-74-19.- Violations.

The failure of a structure or other development to be fully compliant with the county's floodplain management regulations shall be considered a violation. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Sections 30-74-13(9), 30-74-15(B)2, 30-74-15(E)4, and 30-74-16(A) is presumed to be in violation until such time as that documentation is provided.

(Ord. No. 090820-14, § 1, 9-8-20)

Sec. 30-74-20.- Penalty for violations.

Section 30-22 of the zoning ordinance contains provisions for enforcement of this section and penalties that apply for violations.

(Ord. No. 090820-14, § 1, 9-8-20)

Sec. 30-75-1.- Purpose.

(A)

The intent of this section is to establish a conservation overlay district along the Roanoke River. The purpose is to recognize and designate the river corridor as a cultural and recreational resource, critical floodway, water source and important natural habitat worthy of coordinated conservation efforts and to take those measures necessary to protect this resource. This is consistent with the 1985 community plan as amended in December 1990 to incorporate the analysis, conclusions and recommendations of the Roanoke River Corridor Study dated August 1990.

It is the premise of these provisions that certain specific land uses pose a danger to this water resource and should be avoided. In addition, through careful planning and design, clearing and grading activities or similar activities that disturb or destroy site vegetation can be minimized, with the goal that the natural vegetation, features and qualities of sites and properties along the Roanoke River corridor will be retained to the maximum extent possible. Finally, through implementation of additional erosion and sediment control practices, the maintenance and installation of buffer strips of natural vegetation, and use of best management practices, the impacts of excessive soil loss and adverse effects of nonpoint source pollutants on the water quality of the Roanoke River can be minimized.

(Ord. No. 102594-10, § 1, 10-25-94; Ord. No. 042799-11, § 1f., 4-27-99)

Sec. 30-75-2.- Creation of Overlay.

(A)

The requirements of this Section shall be considered an overlay to the underlying zoning district designations as shown on the official zoning map. As overlay regulations, this Section shall be supplemental to the underlying zoning district requirements contained in Article III of this ordinance.

(B)

The Roanoke River Conservation Overlay District shall consist of all lands located 500 feet landward from the shoreline of the Roanoke River, as established in Section 30-74-4 of this ordinance, and all lands located 500 feet landward of the shoreline of the North Fork of the Roanoke River to its intersection with State Route 697 (Sandy Ridge Road).

(Ord. No. 102594-10, § 1, 10-25-94)

Sec. 30-75-3.- Applicability and Administration.

(A)

Within the Conservation Overlay District any land disturbing activity exceeding 2,500 square feet shall comply with the requirements of the Erosion and Sediment Control Ordinance of the County of Roanoke, unless exempted or waived in accordance with Section 30-75-6 below.

(B)

This district shall be administered through the Site Plan Review process required under Section 30-90 of this ordinance. Land disturbing activity not subject to Site Plan Review shall be administered through existing zoning permit processes in conjunction with the requirements of the Erosion and Sediment Control Ordinance requirements.

(C)

Nothing in the district shall in any way affect full compliance with the requirements of the Floodplain Overlay District contained in Section 30-74.

(Ord. No. 102594-10, § 1, 10-25-94)

Sec. 30-75-4.- Permitted Uses and Use Restrictions.

(A)

The uses permitted in the Conservation Overlay District shall be governed by the underlying zoning district in which the property is located as shown on the official zoning maps, except as otherwise prohibited below.

(B)

The following uses shall be prohibited within the Roanoke River Conservation Overlay District:

Commercial feedlots.

Drilling for oil or gas.

Sanitary landfill.

Construction debris landfill.

Minor or major automobile repair services. This prohibition shall not pertain to the continuation or expansion of such uses in existence at the time of adoption of these provisions provided a waiver is obtained pursuant to Section 30-75-6(B).

Scrap and salvage services.

Underground storage of any chemical or petroleum products for commercial or industrial purposes. This prohibition shall not pertain to the continuation or expansion of such uses in existence at the time of adoption of these provisions provided a waiver is obtained pursuant to Section 30-75-6(B).

The application, depositing, spreading or spraying of any hazardous or toxic chemical and/or biological materials or substances from an industrial source, except that herbicides, insecticides, fungicides, and pesticides may be applied upon the land or on animals in accordance with the manufacturer's directions by an individual properly licensed by the Virginia Department of Agriculture & Consumer Services.

Land application of sewage sludge or effluent and associated activities, and/or reclamation of sewage and industrial wastes. This prohibition shall not pertain to approved Waste Water Treatment Plants.

(Ord. No. 102594-10, § 1, 10-25-94)

Sec. 30-75-5.- Development Regulations.

(A)

Setbacks - Except as otherwise provided in this section, no building or structure, nor any fences and/or walls, other than those determined to be necessary by the Administrator, shall be constructed:

In the 100 year floodplain, OR

Within 100 feet of the shoreline of the Roanoke River, whichever is less.

(B)

Vegetative Buffers -

General Provisions:

A 100-foot vegetative buffer area shall be retained and maintained if present or established and maintained where it does not exist. This buffer area shall minimize the adverse effects of land use activities on the Roanoke River and aquatic life by retarding runoff, preventing erosion, and filtering non-point source pollution from runoff.

In lieu of the 100 foot buffer area, an alternative buffer area may be employed, if approved by the Administrator. The reduced buffer areas may either:

Consist of a combination of buffer area not less than 50 feet in width, and appropriate Best Management Practices located landward of the buffer area, OR

ii.

If the lot was existing at the time of adoption of this ordinance and does not contain sufficient depth to provide the required buffer strip, the buffer strip may be reduced to fifty (50) percent of the available lot depth if Best Management Practices are utilized.

Whenever the applicant proposes to reduce the 100 foot vegetative buffer area, the Erosion and Sediment Control Plan shall show how the proposed reduction, in combination with Best Management Practices, achieves at least the equivalent water quality protection, pollutant removal, and water resource conservation effect of a 100-foot buffer area.

The required vegetated buffer area shall be located adjacent to and landward of the Roanoke River shoreline.

Within the required buffer area, no vegetation may be cleared or otherwise significantly disturbed, no grading or excavation work may be performed, and no structures, fill, paving, or other materials may be placed except as shown on the approved Erosion and Sediment Control Plan.

Run off from new development shall be directed towards areas covered with vegetation for surface infiltration catch basins, avoiding channeling and preventing concentrated flows of surface water. Piped storm sewers may be permitted only where other methods are determined to be infeasible by the Administrator.

Performance Criteria:

In order to maintain the functional value of the buffer area, indigenous vegetation shall be preserved to the maximum extent possible.

Removal of vegetation within the required buffer area will be allowed only in accordance with the following provisions:

Trees may be pruned or removed as necessary to provide limited sight lines and vistas, provided that where removed, they shall be replaced with other vegetation that is equally effective in retarding runoff, preventing erosion and filtering non-point source pollution from runoff.

ii.

Dead, diseased, or dying trees may be removed and silvicultural thinning may be conducted based upon the best available technical advice of a professional forester.

All exposed areas within the required buffer area shall be revegetated with appropriate riparian, erosion controlling plant material. Riparian vegetation is plant material which naturally occurs along the river and is suited to the conditions within the community.

With the approval of the Administrator in consultation with the department of development services, riprap or other manmade materials may be used in conjunction with vegetation to stabilize riverbanks only where it is shown that vegetation alone will not stabilize the bank.

Access paths shall be constructed and surfaced so as to effectively control erosion.

(C)

Agricultural Buffer Area Requirements -

On land in agricultural use, a 100-foot vegetative buffer area shall be retained and maintained if present or established and maintained where it does not exist.

Agricultural lands in hayland or pasture land uses shall be deemed to comply with buffer area requirements as long as that portion of the hayland or pasture land within the 100-foot buffer is managed in accordance with the Best Management Practices Handbook for Agriculture.

The agricultural buffer area may be reduced as follows:

To a minimum width of fifty (50) feet when Best Management Practices which meet specifications of the Best Management Practices Handbook for Agriculture are applied on the adjacent land, provided that the combination of the reduced buffer area and Best Management Practices achieve water quality protection, pollutant removal, and water resource conservation at least the equivalent of the 100-foot buffer area; OR

To a minimum of twenty-five (25) feet when a soil and water quality conservation plan, as approved by the Soil and Water Conservation District, has been implemented on the adjacent land, provided that the combined buffer area and Best Management Practices achieve water quality protection at least the equivalent of that provided by the 100-foot buffer in the opinion of the Soil and Water Conservation District Board. Such plan shall be based on the Best Management Practices Handbook for Agriculture and accomplish water quality protection consistent with this ordinance.

The agricultural buffer area shall be managed to prevent channeling or concentrated flows of surface water from breaching the buffer area.

The Best Management Practices Handbook for Agriculture is intended to provide a list of options for meeting buffer area requirements. Without preference to a given practice, a selected Best Management Practice or combination of practices may be used to achieve the equivalent of the 100-foot buffer.

(Ord. No. 102594-10, § 1, 10-25-94; Ord. No. 042799-11, § 1d., 4-27-99; Ord. No. 020921-8, § 1, 2-9-21)

Sec. 30-75-6.- Exemptions and Waivers.

(A)

Exemptions - The following development activities are exempt from the requirements of the Conservation Overlay District:

Any land disturbing activity under 2,500 square feet in area; or

Any maintenance, alteration, use or improvement to an existing structure not changing or affecting quality, rate, volume or location of surface water discharge, or involving the destruction of sensitive natural resources as determined by the Administrator; or

Emergency removal of debris resulting from floods or other natural disasters, as deemed appropriate by the director of development services; or

Silvicultural operations that adhere to water quality protection procedures prescribed by the Department of Forestry in its "Best Management Practices Handbook for Forestry Operations."

(B)

Waivers - A waiver of the requirements of the ordinance may be obtained from the Administrator for installation of remedial lot stabilization, public roads, water dependent structures, utilities, rail lines, water wells, passive recreation, historic preservation, archaeological activities, other public activities, and those uses specifically eligible for a waiver as cited in Section 30-75-4. A waiver may be obtained by submitting an application on forms supplied by the Administrator and shall contain the following information:

The name, address and telephone number of the developer and owner;

A description and a drawing of the proposed development;

The location of the development; and

Any other information required by the Administrator that is reasonably necessary to evaluate the proposed development.

The Administrator may grant a waiver if the application demonstrates that:

Any required permits, except those to which this waiver specifically applies, shall have been issued;

Sufficient and reasonable proof is submitted that the intended use will not deteriorate water quality;

The intended use does not conflict with nearby planned or approved uses; and

Any land disturbance exceeding an area of 2,500 square feet shall comply with all County erosion and sediment control requirements.

(Ord. No. 102594-10, § 1, 10-25-94; Ord. No. 042799-11, § 1c., 4-27-99; Ord. No. 020921-8, § 1, 2-9-21)

Sec. 30-76-1.- Purpose.

(A)

The purpose of the Well-Head Protection (WHP) Overlay District is to prevent contamination of public wells, public wellfields, and other groundwater resources that are used as sources of public drinking water. This District will promote the health, safety, and general welfare of the community by protecting the groundwater supply within the County.

(Ord. No. 121394-12, § 1, 12-13-94)

Sec. 30-76-2.- Designation of Well-Head Protection Overlay District.

(A)

The governing body of Roanoke County, Virginia hereby establishes and delineates on the Zoning District Maps the Well-Head Protection Overlay District, to be referred to on the Zoning District Maps by the symbol WHP.

(Ord. No. 121394-12, § 1, 12-13-94)

Sec. 30-76-3.- Existing Structures and Land Uses.

(A)

The provisions of this article shall apply only to structures constructed and land uses established after January 21, 1995.

(Ord. No. 121394-12, § 1, 12-13-94)

Sec. 30-76-4.- Use of Agricultural and Household Chemicals.

(A)

To further the purposes of this District and prevent contamination of public drinking waters in Roanoke County, it is recommended that agricultural or household chemicals, including herbicides, insecticides, fungicides, and pesticides, to be dispersed upon the land or on animals, be applied in accordance with label directions as attached by the manufacturer. Such chemicals shall be disposed in accordance with the Commonwealth of Virginia Department of Environmental Quality, Hazardous Waste Management Regulations.

(Ord. No. 121394-12, § 1, 12-13-94)

Sec. 30-76-5.- Permitted Uses.

(A)

The uses permitted in the Well-Head Protection Overlay District shall be the same as those permitted in the underlying zoning district except as specified in Section 30-76-6.

(Ord. No. 121394-12, § 1, 12-13-94)

Sec. 30-76-6.- Prohibited Uses.

(A)

The following use types and uses shall be prohibited within the Well-Head Protection Overlay District:

(1)

Industry, Type III

(2)

Landfill, Sanitary

(3)

Landfill, Construction Debris

(4)

Commercial Feedlots

(5)

Automobile Repair Services, Minor

(6)

Automobile Repair Services, Major

(7)

Scrap and Salvage Services

(8)

Resource Extraction

(9)

Underground storage of any chemical or petroleum products for commercial or industrial purposes. This prohibition shall not pertain to the continuation or replacement of such uses in existence at the time of adoption of these provisions.

(10)

Land application of industrial wastes.

(11)

The outdoor, uncovered stockpiling of road salt or other deicing chemicals, as a principal use of the property, shall be prohibited.