(A) The standards contained in the district regulations in Article III shall apply to all of the following use types, unless specifically modified and/or superseded by the use and design standards below.

(B) The standards listed as general standards shall apply in all districts in which the use type is permitted by right or permitted subject to approval of a special use permit, as indicated in Article III, District Regulations.

(C) Where a specific zoning district is indicated, the standards listed below shall apply to that zoning district, in addition to any general standards listed for that use.

(A) In the AR and AV districts, the keeping of swine for commercial purposes shall be prohibited.

(B) Commercial uses such as gift shops and restaurants associated with viticulture operations shall be allowed only by special use permit.

(Ord. No. 042799-11, § 2, 4-27-99)

(A) Agritourism activities shall be considered by-right uses unless there is a substantial impact on the health, safety, or general welfare of the public. If the zoning administrator determines that the agritourism activities will have a substantial impact on the health, safety, or general welfare of the public, a special use permit shall be required.

(B) Outdoor amplified music shall be regulated by section 13-21(6) of the County Code (noise ordinance).

(C) In the I-1 and I-2 zoning districts, the principal use of the property shall be agriculture.

(Ord. No. 082818-8, § 1, 8-28-18; Ord. No. 072721-8, § 1, 7-27-21)

(A) General standards:

1.

Containment areas for animals shall be located five hundred (500) feet from any property line, regardless of ownership, or any public right-of-way.

2.

Any commercial feedlot proposed shall prepare and follow a management plan for responsible and environmentally safe management of all animal wastes. Such plan shall be approved by the Virginia Department of Environmental Quality, Division of Water.

3.

Commercial feedlots shall be laid out and established consistent with the design recommendations and standards set forth in the most recent issue of Best Management Practices Handbook of the Virginia Department of Environmental Quality, Division of Water.

(Ord. No. 42694-12, § 11, 4-26-94)

(A) Accessory uses may include, but are not limited to, tasting rooms, gift shops, offices, retail sales of alcoholic beverages manufactured on site, food sales and service, and facility tours.

(B) Events may be conducted at a farm brewery on one or more days, where the purpose is agritourism or to promote beer sales, and which may be, but is not limited to, festivals; receptions; weddings; reunions; anniversary and birthday celebrations; club meetings and activities; tasting educational seminars; tasting luncheons or dinners; business meetings; corporate gatherings; agritourism promotions; and fundraisers and charity events.

(C) Outdoor amplified music shall be regulated by section 13-21(6) of the County Code (noise ordinance).

(Ord. No. 082818-8, § 1, 8-28-18)

(A) Accessory uses may include, but are not limited to, tasting rooms, gift shops, offices, retail sales of alcoholic beverages manufactured on site, food sales and service, and facility tours.

(B) Events may be conducted at a farm distillery on one or more days, where the purpose is agritourism or to promote the sale of distilled spirits, and which may be, but is not limited to, festivals; receptions; weddings; reunions; anniversary and birthday celebrations; club meetings and activities; tasting educational seminars; tasting luncheons or dinners; business meetings; corporate gatherings; agritourism promotions; and fundraisers and charity events.

(C) Outdoor amplified music shall be regulated by section 13-21(6) of the County Code (noise ordinance).

(Ord. No. 082818-8, § 1, 8-28-18)

(A) General standards:

1.

An Accessory Manufactured Home, shall be permitted as an accessory use to an agricultural use exclusively for a farm employee, and his/her family in accordance with the requirements contained in section 30-82-6.

2.

No more than one farm employee dwelling for every twenty-five (25) acres of land, or portion thereof, in the agricultural use shall be permitted.

3.

Multi-family housing may be constructed for orchards and other agricultural uses which rely on temporary seasonal employees. Such housing shall only be used for accommodating temporary seasonal employees during periods of their employment as a farm employee of the orchard or other agricultural use.

4.

All farm employee housing shall comply with the setback requirements for a principal structure.

(Ord. No. 62795-10, 6-27-95)

(A) Accessory uses may include, but are not limited to, tasting rooms, gift shops, offices, retail sales of alcoholic beverages manufactured on site, food sales and service, and facility tours.

(B) Events may be conducted at a farm winery on one or more days, where the purpose is agritourism or to promote wine sales, and which may be, but is not limited to, festivals; receptions; weddings; reunions; anniversary and birthday celebrations; club meetings and activities; tasting educational seminars; tasting luncheons or dinners; business meetings; corporate gatherings; agritourism promotions; and fundraisers and charity events.

(C) Outdoor amplified music shall be regulated by section 13-21(6) of the County Code (noise ordinance).

(Ord. No. 082818-8, § 1, 8-28-18)

(A) General standards:

1.

All forestry operations shall comply with all local erosion and sediment control requirements.

2.

The following restrictions shall apply to the establishment and operation of a temporary sawmill:

a.

A temporary sawmill shall only be established to process timber cut from the parcel on which the temporary sawmill is located or on immediately adjacent parcels.

b.

A special use permit shall be required from the board of supervisors, in accordance with Section 30-19, for periods in excess of six (6) months.

c.

A temporary sawmill shall be located at least two hundred (200) feet from any residence located on an adjoining property.

d.

No processing, milling, finishing or artificial means of drying green lumber shall be associated with a temporary sawmill.

e.

Green lumber and all other products and by-products from the temporary sawmill shall be removed from the site at least every sixty (60) days.

f.

Buildings associated with a temporary sawmill shall be limited to shelter for the sawmill equipment and essential shelter for personnel. No building shall be erected for the storage, processing or drying of green lumber.

(A)

General standards:

1.

Minimum lot size: Two (2) acres.

2.

A shelter shall be required for the keeping of a horse or pony.

3.

No more than one (1) horse or pony shall be permitted for every two (2) fenced acres.

4.

Stables, corrals, and other confined areas shall be setback at least fifty (50) feet from any property line. For the purpose of this section, perimeter fencing of a yard shall not be considered a confined area. All confined areas and fencing shall be securely constructed.

5.

Private stables shall prepare and follow a management plan for responsible and environmentally safe management of all animal wastes. Such plan shall be approved, when required by the Virginia Department of Environmental Quality, Division of Water. Animal waste shall not create a nuisance or health hazard to adjoining property owners.

6.

A plot plan shall be required showing the location of all structures and the location and type of fencing.

7.

A special use permit shall be required on lots less than five (5) acres in an R-1 zoning district.

(Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 052411-9, § 1, 5-24-11; Ord. No. 092215-9, § 1, 9-22-15)

(A) General standards:

1.

Minimum lot size: Five (5) acres.

2.

Minimum setback for stables and riding arenas: Fifty (50) feet from all property lines.

3.

Accessory tack shops not exceeding one thousand (1,000) square feet are permitted in conjunction with commercial stables.

4.

Commercial stables shall prepare and follow a management plan for responsible and environmentally safe management of all animal wastes. Such plan shall be approved, when required by the Virginia Department of Environmental Quality, Division of Water. Animal waste shall not create a nuisance or health hazard to adjoining property owners.

(Ord. No. 42694-12, § 11, 4-26-94)

(A) General standards:

1.

Front yard setback: Thirty-five (35) feet from any public right-of-way.

2.

At least fifty (50) percent of the goods and/or merchandise shall be produced on the site of the stand, on adjoining contiguous property or on other properties owned or leased by the owner of the site on which the wayside stand is located.

3.

Entrances and exits to roads shall be clearly delineated, shall be so located as to provide safe ingress and egress from roads, and shall be approved by the Virginia Department of Transportation.

(A)

Intent. Accessory apartments afford an opportunity for the development of small dwelling units designed to meet the special housing needs of persons with fixed or limited income, and relatives of families who live or desire to live in the county. Accessory apartments provide a degree of flexibility for home owners with changing economic conditions and/or family structure, while providing a reasonable degree of protection for existing property values. In addition, these provisions are provided to formally recognize previously established apartments and provide for improved safety and physical appearance.

(B)

General standards.

1.

An accessory apartment shall be permitted by right as an accessory use to a detached single-family residence.

2.

An accessory apartment may be located in an accessory structure on the lot provided:

a.

The parcel meets the minimum lot size requirement of the zoning district it is located in.

b.

The accessory building shall comply with all applicable zoning requirements for a principal building.

If these standards cannot be met, the applicant shall obtain a special use permit to locate an accessory apartment in an accessory structure.

3.

Maximum floor area. Upon completion of the construction, the accessory apartment shall not contain more than fifty (50) percent of the finished floor area of the principal dwelling unit located on the same lot, but in no case shall the accessory apartment exceed one thousand five hundred (1,500) square feet.

4.

Only one (1) accessory apartment shall be allowed on any one (1) lot or parcel, and the owner of the property shall reside on the premises.

5.

Exterior entrances to an apartment in a principal structure shall be located so as to appear as a single-family dwelling.

6.

Minimum floor area of the apartment: 300 square feet.

7.

One (1) parking space shall be required in addition to required parking for the principal dwelling and no separate driveway shall be permitted except as otherwise permitted in the subsections below.

8.

Health department approval of sewage disposal shall be submitted prior to issuance of a building permit for an accessory apartment.

(C)

General standards in the C-1 and C-2 districts, independent of the general standards above:

1.

The accessory apartment shall be allowed in conjunction with a civic, office, commercial, or industrial use type.

2.

The civic, office, commercial, or industrial use type must occupy at least fifty (50) percent of the gross floor area on the site.

(Ord. No. 42694-12, § 12, 4-26-94; Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 052411-9, § 1, 5-24-11; Ord No. 092215-9, § 1, 9-22-15; Ord. No. 072225-9, § 1, 7-22-25)

(A)

Intent. The existence of untreated septage/sewage poses a clear and documented risk to public health and safety. The following provisions are intended to permit by special use permit the replacement of a failed septic system or other approved method of sewage disposal on property which contains a single family residence constructed prior to the date of this ordinance and where no other alternative for sewage disposal exists. These systems are not considered by Roanoke County to be a proven nor acceptable technology for general application or new construction since they conflict with the growth management and resource protection policies contained in the county's community plan. However, these systems provide a more acceptable method of sewage disposal than no sewage disposal at all for residences which pre-existed this ordinance.

(B)

Special application requirements and procedures.

1.

Formal application shall be made to the Virginia Department of Health (VDH) in accordance with Section 2.12 of the VDH regulations. No application to Roanoke County will be accepted until a formal application has been submitted to and received by VDH.

2.

In addition to the application requirements and procedures established in Section 30-19 of this ordinance, no application for a special use permit shall be considered until the information listed below is provided.

a.

A copy of the application form and material(s) submitted to VDH;

b.

Written documentation from VDH that all other methods of sewage disposal permitted in Virginia have been investigated and that the alternative discharging sewage system is the only remaining alternative for this improved property;

c.

Documentation supporting conformance with the criteria contained in subsection (C)2. below; and,

d.

The tax map number, name and mailing address of all property owners one thousand (1,000) feet downstream of the proposed discharge point along the fall line, based on the most recent real estate books for Roanoke County, or other municipality if appropriate.

3.

In addition to all other notice requirements contained in Section 30-19 of this ordinance and otherwise required by law, all property owners located one thousand (1,000) feet downstream from the discharge point along the fall line shall be notified by first class mail at least ten (10) days prior to the planning commission's public hearing. The zoning administrator shall be responsible for this notification. The applicant shall be responsible for the cost of postage.

4.

Wherever possible, the review and consideration of a request for a special use permit shall be coordinated with the review procedures and requirements of VDH and the Virginia Department of Environmental Quality, Division of Water.

(C)

General standards:

1.

All proposed alternative discharging sewage systems shall comply with the regulations and requirements of the Virginia Department of Environmental Quality, Division of Water and the Virginia Department of Health (VDH) pursuant to section 62.1-44.2 et seq. and sections 32.1-163 and 32.1-164 of the Code of Virginia, respectively, as may be amended. The primary regulations which govern the permitting and installation of these systems are contained in the VDH regulations titled "Alternative Discharging Sewage Treatment System Regulations for Individual Single Family Dwellings (VR 355-34-400)."

2.

A special use permit request shall only be considered when the following criteria is met:

a.

The residence is located more than 300 feet from an existing or proposed public sewer line, or when 300 feet or less, is otherwise unable to connect to public sewer due to topography or other physical constraint, as determined by the director of utility; and,

b.

The proposed alternative discharging sewage system is solely [responsible] for replacing a failed septic system or other approved method of sewage disposal for a property which contains a single family residence constructed prior to the effective date of this ordinance (April 23, 1993).

3.

All systems proposed for use in Roanoke County shall be classified under Section 2.25 of the VDH regulations as having either preliminary or general approval for use in Virginia. Systems with experimental approval shall be prohibited in Roanoke County.

4.

In Roanoke County the location of the discharge point shall be limited to a year-round stream as defined in Section 3.2 of the VDH regulations, except as allowed in item (C)5. below.

5.

Use of an intermittent stream or dry ditch as the discharge point may be permitted by the board of supervisors under the following conditions:

a.

The use of an intermittent stream or dry ditch is included as a specific condition of the special use permit;

b.

Specific conditions are attached to the permit pertaining to additional levels of treatment, security of the discharge point, ownership of the property or a perpetual easement for a distance downstream from the discharge point, and other criteria essential to protect the public health and safety; and,

c.

None of the conditions attached to the permit are less restrictive than the requirements contained in Section 3.7 of the VDH regulations unless specifically varied or modified by VDH and incorporated into the conditions of the special use permit.

6.

Prior to issuance of an operating permit by VDH, a notice shall be recorded with the Clerk of the Circuit Court advising future purchasers of the legal obligations associated with the method of sewage disposal located on the property. At a minimum, this shall include notice that the approval must be re-permitted every five (5) years or upon change of ownership as required by VDH regulations, that a maintenance contract must remain in full force at all times, that VDH shall have the right of access to the property, and that the Health Department and Roanoke County do not warrant in any way the continued compliance with county, state and federal standards and assumes no liability for the continued use of this technology for sewage disposal. This document shall be approved by the county attorney's office prior to recordation.

7.

A copy of all formal and informal testing results required under Section 3.11 of the VDH regulations shall be submitted to the county health department and the county department of development services, in addition to any other agency or location required by law.

8.

Any special use permit approved by Roanoke County shall run concurrently with the operating permit approved by VDH. Upon expiration or revocation of the operating permit, the special use permit shall also expire or be revoked. No special use permit shall be valid for a period greater than five (5) years.

9.

Requests to renew a permit of an existing system shall be considered as though it were a separate and new request for a special use permit and shall meet all of the requirements of this ordinance. Recurring request for a permit due to repeated revocations of an operating permit or failure to comply with the requirements of the VDH regulations, including failure to maintain a current maintenance contract at all times, may be sufficient grounds for denial of a new special use permit by the board of supervisors.

10.

Any violation of the VDH regulations for the construction, operation and maintenance of an alternative discharging sewage system shall be considered a violation of any special use permit approved under this ordinance.

11.

Any variance or waiver approved by VDH shall not automatically be binding on the board of supervisors in considering or approving a special use permit.

(Ord. No. 42793-20, § III, 4-27-93; Ord. No. 42694-12, § 13, 4-26-94; Ord. No. 042799-11, § 1d., f., 4-27-99; Ord. No. 020921-8, § 1, 2-9-21)

(A)

Intent. A small-scaled beauty/barber salon may be permitted within a residential dwelling. The standards for establishing such uses are intended to limit the scope and nature of such uses and ensure compatibility with the adjoining properties.

(B)

General standards:

1.

The home beauty/barber salon shall be conducted entirely within the interior of the principal residential structure or within an accessory structure located on the same lot.

2.

The home beauty/barber salon shall not occupy more than a cumulative total of two-hundred fifty (250) square feet of the finished floor area of any dwelling unit or accessory structure in which the home beauty/barber salon is located.

3.

More than one (1) home beauty/barber salon may be permitted provided the total floor area used for all home beauty/barber salons does not exceed the maximum square footage standard.

4.

No dwelling or structure shall be altered, occupied or used in a manner which would cause the premises to differ from a character consistent with a residential use. The use of colors, materials, construction, lighting, or other means inconsistent with a residential use shall be prohibited.

5.

There shall be no outside storage of goods, products, equipment, or other materials inconsistent with a residential use associated with the home beauty/barber salon. No toxic, explosive, flammable, radioactive, or other hazardous materials used in conjunction with the home beauty/barber salon shall be used, sold, or stored on the site.

6.

The type and volume of traffic generated by a home beauty/barber salon shall be consistent with the traffic generation characteristics of other dwellings in the area. In addition, the lot or property on which the home beauty/barber salon is conducted shall not have any parking spaces added to it during the time the home beauty/barber salon is being conducted, nor shall any parking space be used that was not customarily or regularly used prior to that time.

7.

Deliveries related to the home beauty/barber salon shall be limited to the United States Postal Service, parcel delivery services, and messenger services. The commercial delivery by tractor trailer of materials or products to or from the premises shall be prohibited.

8.

The home beauty/barber salon shall not increase demand on water, sewer, or garbage collection services to the extent that the combined demand for the dwelling and home beauty/barber salon is significantly more than is normal to the use of the property for residential purposes.

9.

No activity in conjunction with a home beauty/barber salon shall be conducted before 7:00 a.m. or after 10:00 p.m. that adversely impacts or disturbs adjoining property owners.

10.

Temporary portable storage containers shall not be used in conjunction with a home beauty/barber salon or used as a principal use or principal building or structure.

(C)

In the AG-3, AG-1, and AR districts and in all residential districts the following standards shall apply:

1.

The salon shall be limited to one customer at a time.

2.

The retail sale of beauty and barber supplies shall be allowed as an accessory use to the permitted beauty/barber salon use.

(D)

In the AV, C-1 and C-2 districts a home beauty/barber salon shall be limited to no more than two (2) customers at a time.

(Ord. No. 111213-15, § 1, 11-12-13; Ord. No. 020921-8, § 1, 2-9-21)

(A)

Intent. These provisions are adopted in recognition that certain small-scaled commercial activities may be appropriate accessory uses within residential dwellings. The character and scale of such commercial activities must be subordinate and incidental to the principal use of the premises for dwelling purposes, and must be consistent with the predominant residential character of the property and/or surrounding neighborhood. In addition, these provisions are intended to limit the size of such home occupations so as to not create an unfair competitive advantage over businesses located in commercially zoned areas.

(B)

General standards:

1.

More than one (1) home occupation may be permitted provided the total floor area used for all home occupations do not exceed the applicable Type I or Type II standard.

2.

No dwelling or structure shall be altered, occupied or used in a manner which would cause the premises to differ from a character consistent with a residential use. The use of colors, materials, construction, lighting, or other means inconsistent with a residential use shall be prohibited.

3.

There shall be no outside storage of goods, products, equipment, or other materials inconsistent with a residential use associated with the home occupation. No toxic, explosive, flammable, radioactive, or other hazardous materials used in conjunction with the home occupation shall be used, sold, or stored on the site. The sale of firearms as a home occupation shall be prohibited.

4.

The type and volume of traffic generated by a home occupation shall be consistent with the traffic generation characteristics of other dwellings in the area. In addition, the lot or property on which the home occupation is conducted shall not have any parking spaces added to it during the time the home occupation is being conducted, nor shall any parking space be used that was not customarily or regularly used prior to that time.

5.

Deliveries related to the home occupation shall be limited to the United States Postal Service, parcel delivery services, and messenger services. The commercial delivery by tractor trailer of materials or products to or from the premises shall be prohibited.

6.

The home occupation shall not increase demand on water, sewer, or garbage collection services to the extent that the combined demand for the dwelling and home occupation is significantly more than is normal to the use of the property for residential purposes.

7.

No equipment or process shall be used in a home occupation which creates noise in excess of 60 dB(A) measured at the property line, or vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the premises or through common walls. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or through common walls.

8.

No activity in conjunction with a home occupation shall be conducted before 7:00 a.m. or after 10:00 p.m. that adversely impacts or disturbs adjoining property owners.

9.

Temporary portable storage containers shall not be used in conjunction with a Type I or Type II home occupation or used as a principal use or principal building or structure.

10.

Pet grooming may be allowed as a home occupation. It shall be limited to one (1) customer at a time, and a maximum of eight (8) animals per day. Any animals associated with this permitted home occupation must be kept indoors.

11.

Pet breeding may be allowed as a home occupation. It shall be limited to the selling of no more than twenty (20) dogs, cats or other household pets per year. The animals shall be owned by the permanent residents of the dwelling. Any animals associated with this permitted home occupation must be housed indoors.

12.

All home occupations shall be required to obtain a Roanoke County Business License from the Commissioner of the Revenue.

(C)

Additional standards for all Type I home occupations:

1.

The maximum floor area permitted for a home occupation shall be ten (10) percent of the finished floor area of the dwelling unit, or 250 square feet, whichever is greater.

2.

The home occupation shall be conducted entirely within the interior of the principal residential structure or within an accessory structure located on the property.

3.

No one (1) other than permanent residents of the dwelling shall be engaged or employed in such occupation.

4.

No sign may be placed on the property advertising the home occupation.

5.

No advertising through local media, including telephone books, flyers, and the internet shall call attention to the residential address of the home occupation.

(D)

Additional standards for all Type II home occupations:

1.

The maximum floor area permitted for a home occupation shall be twenty-five (25) percent of the finished floor area of the dwelling unit, or five hundred (500) square feet, whichever is greater.

2.

One (1) person who is not a permanent resident of the dwelling may be engaged or employed in the home occupation.

3.

The home occupation shall be conducted entirely within the interior of the principal residential structure or within an accessory structure located on the property.

4.

One (1) non-illuminated sign, a maximum of two (2) square feet in area, shall be permitted per dwelling, regardless of the number of home occupations within the dwelling. Any sign must conform with the provisions of section 30-93 of the zoning ordinance.

(Ord. No. 62293-12, § 4, 6-22-93; Ord. No. 052609-22, § 1, 5-26-09; Ord. No. 052411-9, § 1, 5-24-11; Ord. No. 111213-15, § 1, 11-12-13; Ord. No. 072721-8, § 1, 7-27-21; Ord. No. 062723-3, § 1, 6-27-23)

(A)

General standards:

1.

Minimum lot size: One (1) acre.

2.

A multiple dog permit shall be permitted only when accessory to a single-family dwelling.

3.

Exterior runs, pens and other confined areas designed to house four (4) or more animals shall be set back at least twenty-five (25) feet from any property line. For the purposes of this section, perimeter fencing of a yard shall not be considered a confined area.

4.

A special use permit shall be required on lots less than five (5) acres in an R-1 or R-2 zoning district.

(Ord. No. 072605-7, § 1, 7-26-05; Ord. No. 052411-9, § 1, 5-24-11)

(A)

Intent. Manufactured homes provide a viable and affordable housing option for a segment of the county's population. This housing option is provided in areas predominately of agricultural and forest use with minimal requirements, consistent with the state code. This option is also provided under certain design criteria in more residentially developed areas where they will not conflict with developments planned for site built dwellings.

(B)

General standards on individual lots outside manufactured home parks:

1.

The location of a manufactured home in a planned residential subdivision, as defined in Article II of this ordinance, shall be prohibited.

2.

No manufactured homes constructed before July 1, 1976 shall be erected, installed, occupied or sold in Roanoke County, except under the following conditions:

a.

The manufactured home existed in the county prior to March 25, 1986, and shall be allowed to be relocated and/or remain in a mobile home park; and,

b.

The manufactured home is located outside a mobile home park shall be allowed to remain subject to the provisions for nonconforming uses contained in Article I of this ordinance.

3.

The manufactured home shall have the tow assembly and wheels removed, be mounted on and anchored to a permanent foundation, and skirted in accordance with the provisions of the Virginia Uniform Statewide Building Code.

4.

The manufactured home shall be declared a permanently-affixed dwelling and taxed as real estate.

(C)

Additional standards in the AR, AV and all residential districts on individual lots:

1.

The manufactured home shall have a minimum width of nineteen (19) feet.

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

(A)

Intent. These regulations are adopted in recognition that certain families would benefit from living arrangements that allowed family members to reside in close proximity to each other but in separate dwelling units on the same lot. Also recognized in these provisions is the need for affordable housing alternatives for farm employees on bona-fide farm operations.

(B)

General standards:

1.

The accessory manufactured home shall be located on the same lot as a principal dwelling. This principal dwelling must be a single family dwelling.

2.

The accessory manufactured home shall be less than nineteen (19) feet in width.

3.

The accessory manufactured home shall only be occupied by:

a.

A person or persons immediately related to the person or family in the principal dwelling. For the purposes of this section, immediately related shall be any person or persons who are natural or legally defined offspring, parent, or grandparent of the owner of the principal dwelling; or,

b.

A farm employee and his/her family in accordance with the provisions for farm employee housing contained in section 30-81-3.

4.

No accessory manufactured home shall be allowed within any Planned Residential Subdivision, as defined in Article II of this ordinance.

5.

The accessory manufactured home and the principal dwelling shall be located on the same lot of record. The lot of record must meet the minimum lot size for the district in which it is located.

6.

The accessory manufactured home must be located behind the building line of the principal dwelling and shall meet the minimum side and rear yard setback requirements for principal structures in the district in which it is located.

7.

The accessory manufactured home shall be anchored, stabilized, and skirted in accordance with the provisions of the Virginia Uniform Statewide Building Code.

(C)

Special application procedures:

1.

Persons interested in obtaining a permit to install an accessory manufactured home shall make application to the administrator, who shall have the authority to review and decide upon all applications.

2.

In considering any application for an accessory manufactured home the administrator shall visit the proposed site to view the proposed location and the character of the surrounding area. In making a determination to issue or deny any application the administrator shall consider all of the following factors:

a.

The purposes of the zoning ordinance outlined in Section 30-3.

b.

The effect of the proposed accessory manufactured home on the conservation of surrounding properties and their values, and its effect on the existing use and character of the property.

c.

The general land use compatibility of the accessory manufactured home in relation to surrounding properties.

3.

If the administrator determines that the proposal does not conform to any of the location, use or design standards contained in the above, the administrator shall deny the application and notify the applicant in writing. Any such denial may be appealed to the board of zoning appeals.

4.

If the administrator determines that the proposal conforms to the provisions of this section, the administrator shall mail a first class letter to all adjacent property owners notifying each owner of the county's intent to issue a permit for the accessory manufactured home. All parties shall be given thirty (30) days from the date of the notice to formally object in writing to the issuance of the permit. If an objection is filed, it shall be considered an appeal of the decision of the administrator, and shall be considered by the board of zoning appeals. The person filing the appeal shall be responsible for all required application and legal ad costs.

5.

If no interested party objects within thirty (30) days of the date of the notice to the adjacent property owners, the administrator may approve the accessory manufactured home permit.

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

Editor's note— Ord. No. 62795-10, adopted June 27, 1995, amended the Code by adding a new § 30-82-5, renumbering former § 30-82-5 as a new § 30-82-6, and repealing former §§ 30-82-6 and 30-82-7 in their entirety. Former § 30-82-6 pertained to manufactured homes, Class A. Former § 30-82-7 pertained to manufactured homes, Class C. Neither section carried a history note.

(A) Intent. These regulations are adopted in recognition that temporary emergency housing options may be necessitated by fire, flood, or other unforeseen and sudden acts of nature.

(B) General standards:

1.

The administrator may authorize the emergency use of a manufactured home on a lot if the building commissioner certifies that the permanent dwelling on the lot has been lost or destroyed by a fire, flood, or other unforeseen and sudden act of nature, and as a result is uninhabitable.

2.

Only one emergency manufactured home shall be permitted on any lot of record. It shall be located on the same lot as the destroyed dwelling, and must be occupied only by the person, persons, or family, whose dwelling was destroyed.

3.

The accessory manufactured home shall be less than nineteen (19) feet in width.

4.

The emergency manufactured home shall meet all setback and yard requirements for the district in which it is located. It shall be anchored and stabilized in accordance with the provisions of the Virginia Uniform Statewide Building Code.

5.

The emergency manufactured home must be removed as soon as reconstruction or replacement of the uninhabitable dwelling is complete, or within a twelve-month period of its placement on the site, whichever is sooner. A one time extension of up to six (6) additional months may be granted by the administrator if substantial reconstruction of the destroyed dwelling has occurred, and work has, and is continuing to progress. A final certificate of zoning compliance for the reconstructed dwelling shall not be issued until the emergency manufactured home is removed from the site.

(C) Federal Disasters. Where the President of the United States has declared a Federal Disaster, the administrator, upon consent of the county administrator, may authorize the placement of temporary manufactured homes supplied by the Federal Emergency Management Agency (FEMA) to disaster victims who lost their homes. In such cases, all zoning and building code requirements shall be waived in favor of FEMA standards. The period for temporary placement of manufactured homes shall be twelve (12) months, unless FEMA authorizes an extension for an additional twelve (12) months.

(Ord. No. 62795-10, 6-27-95)

(A)

General standards:

1.

Minimum tract size for any new or expanding park: Five (5) contiguous acres.

2.

Minimum frontage for any new or expanding park: Fifty (50) feet on a publicly owned and maintained street.

3.

Maximum density for any new or expanding park served by a public water and sewer system: Seven (7) dwelling units per gross acre. Lower densities may be required if the park is not served by public water and sewer.

4.

In a Manufactured Home Park manufactured home shall be less than nineteen (19) feet in width and shall otherwise comply with the requirements of section 30-82-6(B)2.

5.

A Type C buffer yard, as defined in Section 30-92 of this ordinance, shall be installed along the side and rear perimeter of the park. No square footage allocated to a manufactured home lot shall be located within any portion of a required buffer yard.

(B)

Minimum lot requirements:

1.

Minimum area for each lot: Four thousand (4,000) square feet, which shall be clearly marked on the ground by permanent flush stakes.

2.

Minimum width for each lot: Forty (40) feet.

(C)

Minimum setback requirements:

1.

Front yard, from any interior driveway or street: Twenty (20) feet.

2.

Front yard, from any perimeter driveway or street: Thirty (30) feet.

3.

From side of lot: Five (5) feet.

4.

From rear of lot: Ten (10) feet.

5.

From any other manufactured home: Twenty-six (26) feet.

6.

Accessory buildings: Behind front face of manufactured home based on the front yard; and, three (3) feet from any boundary of lot.

(D)

Additional lot improvements:

1.

Each manufactured home lot shall have a pad constructed for the placement of a manufactured home in full compliance with the area, lot, and setback requirements of this section.

2.

All manufactured homes shall be anchored to the pad in accordance with the provisions of the Virginia Uniform Statewide Building Code.

3.

Each manufactured home shall be skirted with a durable material.

(E)

Outdoor living areas and storage facilities:

1.

A private outdoor living and service area shall be provided. These outdoor areas shall meet the following:

a.

Contain at least three hundred (300) square feet;

b.

Contain a hard surface patio of at least one hundred (100) square feet, unless the lot exceeds six thousand (6,000) square feet; and,

c.

Assure reasonable privacy and visual appeal through the use of walls, fences, and/or plantings around the perimeter of this area.

2.

Each manufactured home lot shall be provided with a minimum of three hundred (300) cubic feet of storage area. This shall be accomplished by one of the following:

a.

Common storage areas available within the park; or,

b.

Within an accessory structure installed by the park owner or management, or required of the occupant of the lot by the park owner or management.

(F)

Recreation areas:

1.

Minimum usable space for recreational areas: Eight (8) percent of the gross area of the manufactured home park.

2.

Criteria for all recreational areas:

a.

Minimum countable space: Five thousand (5,000) contiguous square feet.

b.

Minimum horizontal dimension: Fifty (50) feet, except that areas with a horizontal distance of not less than twenty (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.

c.

Space shall not include manufactured home lots, buffer yards, street rights-of-way, open parking areas, or driveways.

d.

Recreational areas shall include passive and active facilities and be of an appropriate nature and location to serve the residents of the park. This may include facilities such as recreation centers, swimming pools, tennis and basketball courts and similar facilities.

3.

Maintenance of the designated recreation areas shall be the responsibility of the park management.

(G)

Management Office, Service and Community Facilities:

1.

An office area, devoted solely to the management of the park shall be allowed within the manufactured home park.

2.

Retail convenience sales, located and designed to serve the daily needs of only the park residents are allowed within a manufactured home park provided:

a.

Such sales must be located within the same building as the management office, and must not exceed fifty (50) percent of the total gross floor area of the building.

b.

No business signs associated with these sales are displayed on the exterior of the building, or are otherwise displayed to be visible from any public right-of-way. No other forms of advertising shall be used that are intended to market the convenience sales to non-park residents.

3.

Service facilities such as laundries, and owner provided storage areas may be provided within the park to serve primarily the needs of the residents. These facilities may be combined in the same building as the park's management office, or may be located in other areas of the park.

(H)

Streets and walkways:

1.

Private streets shall be allowed within a manufactured home park and shall be constructed in accordance with the private road standards specified in the Roanoke County Design Handbook.

2.

Manufactured home lots not served by a public or private street may be served by a walkway, trail or bikeway, provided such pathway serves the front, rear, or side of the manufactured home lot. Each pathway shall be constructed of a hard-surface, or gravel material, and shall have a minimum width of three (3) feet.

(I)

Parking:

1.

Each manufactured home lot shall have the equivalent of two (2) parking spaces. At least one (1) of these spaces shall be provided on the manufactured home lot, unless the lot is accessed by a pathway as provided in section 30-82-9(H).

2.

All other parking spaces shall be:

a.

Provided within one hundred fifty (150) feet of the manufactured home to be served;

b.

Located within a common parking area; and,

c.

Designed and constructed to meet county standards.

3.

Parking spaces shall be provided for the management office, and other community facilities to serve the convenience and needs of the residents.

4.

Additional parking spaces, not required by this section may be provided along certain private streets where adequate width is provided, as specified above.

(J)

Utilities:

1.

All new utility lines within the park shall be placed underground.

2.

If public water is not available to serve the park, a community water system, meeting the county's water standards, shall be provided. Individual water meters shall be provided to each manufactured home lot.

3.

If septic systems are used, the drain field shall be located within the perimeter of the park.

(K)

Refuse disposal:

1.

Refuse disposal shall be the responsibility of park management. Common refuse areas shall be provided throughout the park. All refuse areas shall be screened with a solid, durable material meeting the requirements of this ordinance.

(L)

In manufactured home parks established prior to June 1, 1986, existing manufactured homes may be replaced with manufactured homes, consistent with section 30-82-5(B)2 provided all of the following standards are met:

1.

The manufactured home meets the side and rear yard setback for accessory structures, as specified in the underlying zoning district, from the property line of the park; and

2.

The manufactured home is anchored and skirted in accordance with the provisions of the Virginia Statewide Uniform Building Code.

(Ord. No. 42694-12, § 14, 4-26-94; Ord. No. 62795-10, 6-27-95; Ord. No. 052411-9, § 1, 5-24-11; Ord. No. 111213-15, § 1, 11-12-13)

(A)

General standards:

1.

Minimum tract size: Five (5) acres.

2.

Use limitations: Areas designated on the approved preliminary plan as a manufactured housing subdivision shall be limited to manufactured homes and single family dwellings. Where a combination of manufactured homes and single family dwellings are proposed, at least sixty (60) percent of the lots shall be reserved exclusively for manufactured homes.

3.

All lots shall front on a local public street; direct access to a major collector or arterial street outside the subdivision (as determined by the Roanoke County Transportation Plan), shall not be permitted.

4.

Plat designation: Plats recorded for a manufactured housing subdivision shall contain the following statement, "This is a manufactured housing subdivision" and shall indicate which lots are reserved exclusively for manufactured homes.

5.

Manufactured home installation: The manufactured home shall be anchored to a concrete pad or be attached to a permanent foundation, in accordance with the Virginia Uniform Statewide Building Code. Unless permanently attached to a foundation, the manufactured home shall also be completely skirted with a durable non-reflective material.

(B)

Additional standards for conventional subdivisions:

1.

The area, frontage, and yard requirements of the R-MH District shall comply with the requirements for the underlying zoning district.

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

(A)

Intent. The following minimum standards are intended to accommodate multi-family dwellings, ensuring adequate separation and other design characteristics to create a safe and healthy residential environment while protecting adjoining uses which are less intensive.

(B)

General standards:

1.

Minimum front yard setback: Thirty (30) feet from any street right-of-way for all structures.

2.

Minimum side yard setback: Twenty (20) feet for principal structures.

3.

Minimum rear yard setback: Twenty-five (25) feet for principal structures.

4.

Additional setbacks in the form of a buffer yard shall be required in accordance with Section 30-92 where the property adjoins a less intensive zoning district.

5.

The minimum separation between multi-family buildings shall be twenty (20) feet.

6.

Reserved.

7.

Standards for open space and recreational areas required below:

a.

Shall be in addition to any buffer yard required under Section 30-92 of this ordinance;

b.

Shall be in addition to and not be located in any required front, side or rear yard setback;

c.

Shall have a horizontal dimension of at least fifty (50) feet, except that areas with a horizontal distance of not less than twenty (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.;

d.

Shall not include proposed street rights-of-way, open parking areas, driveways, or sites reserved for other specific uses; and,

e.

Shall be of an appropriate nature and location to serve the residents of the multi-family development.

8.

Provisions must be made for vehicular access and turn around for regularly scheduled public service vehicles such as trash collection.

(C)

Additional standards in the AV district:

1.

Minimum lot size: Twenty thousand (20,000) square feet for the first dwelling unit, plus five thousand (5,000) square feet for each additional unit.

2.

When adjoining a lot containing a single family dwelling, a Type C buffer yard as described in Section 30-92 shall be provided.

(D)

Additional standards in the R-3 district:

1.

Minimum lot size: Seven thousand two hundred (7,200) square feet for the first dwelling unit, plus two thousand four hundred twenty (2,420) square feet for each additional unit.

2.

Maximum density: Eighteen (18) dwelling units per acre.

3.

The property shall be served by public sewer and water.

4.

Common open space and recreational areas required: Five (5) percent of the total lot area for parcels of two (2) to five (5) acres, and ten (10) percent for parcels over five (5) acres. No open space is required for parcels under two (2) acres.

(E)

Additional standards in the R-4 district:

1.

Minimum lot size: Seven thousand two hundred (7,200) square feet for the first dwelling unit, plus one thousand eight hundred fifteen (1,815) square feet for each additional unit.

2.

Maximum density: Twenty-four (24) dwelling units per acre.

3.

The property shall be served by public sewer and water.

4.

Common open space and recreational areas required: Five (5) percent of the total lot area for parcels of two (2) to five (5) acres, and ten (10) percent for parcels over five (5) acres. No open space is required for parcels under two (2) acres.

(F)

General standards in the C-1 and C-2 districts, independent of the general standards above:

1.

The multi-family use shall be allowed in conjunction with a civic, office or commercial use type or as a stand-alone residential project.

2.

The multi-family use may account for up to fifty (50) percent of the gross floor area on the site. A special use permit shall be required if the multi-family use accounts for more than fifty (50) percent of the gross floor area on the site.

3.

In the study areas of the 419 Town Center Plan, the Hollins Center Plan, and the Oak Grove Center Plan, the multi-family use may account for up to seventy-five (75) percent of the gross floor area on the site. A special use permit shall be required if the multi-family use accounts for more than seventy-five (75) percent of the gross floor area on the site.

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

(A)

Intent. The following zero lot line provisions are intended to offer greater flexibility in providing a variety of housing options to meet the changing demands and needs of the public, while providing standards which afford a reasonable degree of protection for surrounding properties.

(B)

In the AR, R-1, R-2, R-3 or R-4 districts, within a common development, one (1) interior yard may be equal to zero for single family detached dwellings, subject to the following additional criteria:

1.

Minimum tract size of the common development: Three (3) acres or on tracts less than three (3) acres with a special use permit from the board of supervisors pursuant to section 30-19.

2.

The minimum lot size, frontage and front and rear yard setbacks required in the district regulations may be reduced up to twenty (20) percent, however the normal front, rear, and side yard setback requirement must be maintained adjacent to any lot or public street or right-of-way not within the common development; or not otherwise designated for zero lot line use. The twenty (20) percent road frontage reduction does not apply to parcels with frontage in a cul-de-sac.

3.

Minimum side yard opposite the zero yard: Ten (10) feet; fifteen (15) feet in AR.

4.

Maximum building coverage: Forty (40) percent; twenty-five (25) percent in AR.

5.

No two (2) dwelling units built under these provisions shall be attached along the common property line (See "Single Family, Attached").

6.

A perpetual five-foot wall-maintenance easement shall be provided on the lot adjacent to the zero lot line property line. This easement shall be kept clear of structures or any other improvement which would infringe on the use of the easement, with the exception of freestanding walls and fences. This easement shall be shown on the plat and incorporated into each deed transferring title to the property.

7.

A copy of the plat approved by the subdivision agent of the county shall be submitted to the administrator. The administrator shall make the appropriate notation on the official zoning map that the affected lots have been approved for zero lot line dwellings.

(Ord. No. 42694-12, § 15, 4-26-94; Ord. No. 042799-11, § 2, 4-27-99; Ord. No. 111400-7, § 2, 11-14-00; Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 062816-4, § 1, 6-28-16)

(A)

Intent. The following provisions are intended to offer greater flexibility in providing a variety of housing options to meet the changing demands and needs of the public. The standards below are intended to accommodate new developments of attached single family dwellings, as well as to allow attached single family dwellings as in-fill development on scattered sites in existing residential areas.

(B)

General standards within a common development containing three (3) or more acres:

1.

The minimum lot size, frontage and front and rear yard setbacks required in the district regulations may be reduced up to twenty (20) percent, however the normal front, rear, and side yard setback requirement must be maintained adjacent to any lot or public street or right-of-way not within the common development; or not otherwise designated for zero lot line use. The twenty (20) percent road frontage reduction does not apply to parcels with frontage in a cul-de-sac.

2.

Minimum side yard opposite the common lot line between two (2) attached dwellings: Ten (10) feet.

3.

Maximum building coverage: Forty (40) percent.

4.

A copy of the plat approved by the subdivision agent of the county shall be submitted to the administrator. The administrator shall make the appropriate notation on the official zoning map that the affected lots have been approved for attached dwellings.

(C)

General standards on existing lots or in new developments containing less than three (3) acres:

1.

Minimum side yard opposite the common lot line between two (2) attached dwellings: Ten (10) feet.

(D)

Public street frontage shall not be required for any proposed lot of record platted for single family attached development within R-3 and R-4 districts.

(Ord. No. 42694-12, § 16, 4-26-94; Ord. No. 042799-11, § 2, 4-27-99; Ord. No. 111400-7, § 2, 11-14-00; Ord. No. 042208-16, § 1, 4-22-08)

(A)

Intent.

1.

Establish a method for the county to protect vital natural and historic resources from development and permanent loss.

2.

Prevent the destruction of valuable view sheds, ridgetops and wildlife corridors, including but not limited to, the Blue Ridge Parkway and Appalachian Trail, and other resources identified in the comprehensive plan.

3.

Reserve, enhance, and add to the existing and proposed greenway system throughout the county, as identified in the comprehensive plan.

4.

Provide the citizens of the county additional open space and recreation areas.

5.

Encourage the design of creative, innovative developments that utilize the land's natural resources and features and incorporates them into functional preservation and development plans.

6.

Offer an alternative to conventional subdivision development by allowing for compact clusters of housing units rather than spaced lots that encompass the entire property.

7.

The Zoning Administrator shall have the authority to consider the appropriateness of open space and conservation areas on individual site plans in terms of such factors such as location, size, shape and topographic characteristics to meet the intent of this ordinance.

(B)

Applicability.

1.

Cluster subdivisions proposed in accordance with the standards contained herein shall be a permitted use by-right in AR, R-1, R-2, R-3 and R-4 zoning districts, except that cluster subdivisions shall not be permitted within planned residential subdivisions as defined in section 30-28 of the county zoning ordinance.

2.

The zoning administrator shall have the responsibility for determining compliance with these standards. Proposals for cluster subdivisions that, in the opinion of the zoning administrator, do not meet one (1) or more of the standards contained herein shall not be permitted by-right. Any such proposal shall be considered a special use and shall require a special use permit pursuant to section 30-19 of this ordinance. As part of the review of any special use permit application for a cluster subdivision, the planning commission may recommend, and the board of supervisors may approve, but shall not be obligated to approve, a waiver to any cluster subdivision standard contained in section 30-82-13.1(C) through 30-82-13.1(H) inclusive.

(C)

General standards.

1.

Minimum tract size of the cluster subdivision: Five (5) acres.

2.

Public water and public sewer shall be provided to each lot within the proposed subdivision.

3.

Property shall be excluded from the cluster subdivision option where, in the opinion of the zoning administrator, previous land disturbing activities have significantly altered a primary or secondary conservation area, to the extent that important features worthy of conservation have been destroyed or severely modified.

4.

Allowable density and minimum public street frontage requirements shall be based on the amount of minimum open space provided as outlined in the table below.

(D)

Lot and setback requirements.

1.

There shall be no minimum lot area or setback requirements, however, the normal front, rear or side yard setback requirements must be maintained adjacent to any lot, or portion thereof, or existing public street right-of-way not within the proposed cluster development.

2.

Lots shall front on a publicly owned and maintained street except as modified by section 30-82-13.1(F).

(E)

Open space and conservation area requirements.

1.

Minimum open space: Twenty-five (25) percent of the gross acreage of the tract.

2.

To the greatest degree practicable, open space and conservation areas shall be designed in large blocks, connected wherever possible and designed to constitute a contiguous and cohesive unit of land. Open space and conservation area exemptions include:

a.

No minimum or maximum lot size,

b.

No public or private road frontage requirements or

c.

No lot width requirement regulations.

For lots with no public or private road frontage, a minimum twenty (20) foot access easement shall be provided for maintenance, pedestrian and emergency access.

3.

Open space and conservation lots may be created in compliance with the terms of this ordinance and the Roanoke County Subdivision Ordinance. Any such lot proposed for platting shall be clearly designated on a subdivision plat reviewed and approved by the county. This plat shall contain notations and covenants that clearly forbid, in perpetuity, the use of the conservation lot for any type of residential dwelling, or other use or structure as prohibited by these provisions.

4.

A sidewalk, greenway, or trail may be provided to and through the provided open space or conservation areas except for the following areas:

a.

Environmentally sensitive areas that may include locations of species listed as endangered, threatened or of special concern; historic structures and sites; delineated wetlands or riparian zones outside the FEMA study area;

b.

Unsafe areas including, but not limited to, sink holes, cliffs and areas prone to rock slides; and

c.

Other areas if approved by the zoning administrator.

The location of any such trail shall be clearly marked, and the trail shall be constructed of a surface material that is appropriate to the terrain, and distinguishable to the user.

5.

Ownership and maintenance of open space and conservation areas shall be one of the following:

a.

Common land owned in perpetuity by the owners of lots in the development, through a homeowners, condominium or similar association. Provisions for the maintenance of the open space in perpetuity shall be approved by the zoning administrator in conjunction with plat approval.

b.

Open space or conservation areas privately owned and maintained shall be allowed in order to preserve those attributes that qualify as open space or conservation areas. Deed restrictions and/or covenants shall encumber the property to prohibit further subdivision, development, or any other use of the open space. The following uses may be permitted in privately owned open space or conservation areas:

1.

Agricultural uses in existence prior to application for a cluster subdivision as determined by the zoning administrator; and

2.

Forested areas.

6.

Historic structures or sites may be included in open space or conservation areas.

7.

No building, building addition, structure, stormwater management area, street, driveway, parking area or any other type of physical land improvement shall be located within a required conservation area. Notwithstanding the above, gazebos, benches, or other sitting areas and trails may be developed in, and historic structures may be located within, conservation areas.

8.

During the site review process, the zoning administrator shall consider the appropriateness of open space and conservation area configuration in terms of such factors as location, size, shape and topographic characteristics.

(F)

Street and access requirements.

1.

All residential lots within a cluster subdivision shall have frontage on and access to a publicly dedicated or maintained street or a private street constructed in accordance with the private road standards specified in the Roanoke County Design Handbook.

(G)

Public water and sanitary sewer. Public water and sewer shall conform with the Western Virginia Water Authority design and construction standards, as amended.

(H)

Cluster development process.

1.

The applicant shall meet with the zoning administrator or his/her designee to review the requirements for a cluster subdivision prior to the preparation of the preliminary plat. A site visit shall be arranged to review the site and identify approximate locations of primary and secondary conservation areas. The applicant shall then have drawn, preferably by a licensed engineer/surveyor, architect or landscape architect, a property resource map. At a minimum this map shall include the following:

a.

Total acreage and acreage of each primary and secondary conservation area and other open space areas.

b.

Percent slope, in the following increments: Less than fifteen (15) percent, fifteen (15) to twenty-five (25) percent, greater than twenty-five (25) percent.

c.

Flood plains, wetlands, and riparian zones outside the FEMA study area.

d.

Historic structures and sites.

e.

Designated view sheds and ridgetop preservation areas identified and mapped in the 1998 community plan.

f.

Greenway corridors mapped on the greenway conceptual plan.

g.

Elevations fifteen hundred (1,500) feet or greater above mean sea level.

h.

Healthy woodlands.

i.

Location of species listed as endangered, threatened, or of special concern.

j.

Productive agricultural and forested lands.

2.

The applicant shall submit a preliminary plat in accordance with Article II of the county subdivision regulations. The following additional items shall be required to accompany the preliminary plat:

a.

All primary and secondary conservation areas and other required open space areas to be designated as permanent open space, shall be mapped as conservation lots and noted on the plat.

b.

All deed restrictions and covenants applicable to private streets, public services, open space, and cluster subdivision lots.

c.

The location of all building lots to be conveyed.

3.

Once approval for the preliminary plat has been given, the applicant shall submit the final plat in accordance with Article III of the county subdivision regulations.

(Ord. No. 042500-9, § III, 4-25-00; 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. 062723-3, § 1, 6-27-23)

(A)

Intent. It is the intent of this section that townhouses be allowed in areas where they are or may be appropriately intermingled with other compatible types of housing. The purpose of the following design standards is to ensure the efficient, economical, comfortable and convenient use of land and open space and serve the public purposes of zoning by providing an alternative to conventional arrangements of yards and buildable areas.

(B)

General standards:

1.

All townhouse developments shall be served by public sewer and water.

2.

The facades of townhouses in a group shall be varied by changed front yards and variations in design so that no more than four (4) abutting townhouses will have the same front yard setback and the same or essentially the same architectural treatment of facades and roof lines.

3.

The minimum separation between townhouse buildings shall be twenty (20) feet.

4.

The height of all townhouses shall be limited to forty-five (45) feet. Accessory buildings shall not exceed fifteen (15) feet.

5.

Accessory structures for townhouse units shall be permitted only in rear yard areas and shall be no larger than ten (10) feet by ten (10) feet in area.

6.

Only one yard, either the front yard or the rear yard, or in the case of an end unit, the side yard, shall be improved with a driveway or other impermeable surface intended for the storage of motor vehicles or for access to a garage, or other parking areas.

7.

The maximum building and lot coverage requirements applying to townhouses shall be computed for the site of the entire development.

8.

Public street frontage shall not be required for any proposed lot of record platted for townhouse development within R-3 and R-4 districts. In the AV and R-2 districts, the applicant shall designate as part of the special use permit application, the location of any lot that is not proposed to front on a public street.

9.

If utilized, private roads shall be constructed in accordance with the private road standards specified in the Roanoke County Design Handbook.

(C)

Additional standards in the AV district:

1.

Maximum gross density: Eight (8) townhouse units per acre.

2.

Minimum parcel size: Twenty thousand (20,000) square feet for the first dwelling unit, plus five thousand four hundred forty-five (5,445) square feet for each additional unit.

3.

Front yard setbacks for each group of townhouse units: an average of fifteen (15) feet, and not be less than ten (10) feet for any individual townhouse unit. No common parking area, common driveway or street right-of-way shall be permitted within the required front yard area.

4.

A side yard setback of fifteen (15) feet shall be provided for each end residence in any group of townhouses adjoining a property boundary of the development, or a street right-of-way, private drive, parking area or walkway intended for the common use of townhouse occupants.

5.

Minimum rear yard setback: Twenty-five (25) feet.

6.

Minimum lot size for individual townhouse lots: Two thousand (2,000) square feet for interior lots and two thousand five hundred (2,500) square feet for end lots.

7.

Minimum width for individual townhouse lots: Twenty (20) feet, measured from center of wall to center of wall, or outside of end wall.

8.

Maximum number in a group or block of townhouses: Four (4) townhouse units.

9.

The maximum building and lot coverage shall comply with the requirements for the AV district.

10.

When a townhouse development adjoins a single family dwelling, a Type C buffer yard as described more fully in section 30-92 shall be provided.

(D)

Additional standards in the R-2 district:

1.

Maximum gross density: Twelve (12) townhouse units per acre.

2.

Minimum parcel size: Seven thousand two hundred (7,200) square feet for the first dwelling unit, plus three thousand six hundred thirty (3,630) square feet for each additional unit.

3.

Front yard setbacks for each group of townhouse units: an average of fifteen (15) feet, and not be less than ten (10) feet for any individual townhouse unit. No common parking area, common driveway or street right-of-way shall be permitted within the required front yard area.

4.

A side yard setback of fifteen (15) feet shall be provided for each end residence in any group of townhouses adjoining a property boundary of the development. Where a group of townhouses adjoin a private drive or parking area or walkway intended for the common use of townhouse occupants, the side yard setback shall be ten (10) feet.

5.

Minimum rear yard setback: Twenty-five (25) feet.

6.

Minimum lot size for individual townhouse lots: Two thousand (2,000) square feet for interior lots and two thousand five hundred (2,500) square feet for end lots.

7.

Minimum width for individual townhouse lots: Eighteen (18) feet, measured from center of wall to center of wall or outside end wall.

8.

Maximum number in a group or block of townhouses: Ten (10) townhouse units.

9.

Maximum coverage for townhouse developments:

a.

Building coverage: Thirty-five (35) percent.

b.

Lot coverage: Sixty (60) percent.

(E)

Additional standards in the R-3 district:

1.

Maximum gross density: Twelve (12) townhouse units per acre.

2.

Minimum parcel size: Seven thousand two hundred (7,200) square feet for the first dwelling unit, plus three thousand six hundred thirty (3,630) square feet for each additional unit.

3.

Front yard setbacks for each group of townhouse units: an average of fifteen (15) feet, and not be less than ten (10) feet for any individual townhouse unit. No common parking area, common driveway or street right-of-way shall be permitted within the required front yard area.

4.

A side yard setback of fifteen (15) feet shall be provided for each end residence in any group of townhouses adjoining a property boundary of the development. Where a group of townhouses adjoin a private drive or parking area or walkway intended for the common use of townhouse occupants, the side yard setback shall be ten (10) feet.

5.

Minimum rear yard setback: Twenty-five (25) feet.

6.

Minimum lot size for individual townhouse lots: One thousand eight hundred (1,800) square feet for interior lots and two thousand three hundred (2,300) square feet for end lots.

7.

Minimum width for individual townhouse lots: Eighteen (18) feet, measured from center of wall to center of wall or outside end wall.

8.

Maximum number in a group or block of townhouses: Ten (10) townhouse units.

9.

Maximum coverage for townhouse developments:

a.

Building coverage: Forty (40) percent.

b.

Lot coverage: Sixty-five (65) percent.

(F)

Additional standards in the R-4 district:

1.

Maximum gross density: Eighteen (18) townhouse units per acre.

2.

Minimum parcel size: Seven thousand two hundred (7,200) square feet for the first dwelling unit, plus two thousand four hundred twenty (2,420) square feet for each additional unit.

3.

Front yard setback for each group of townhouse units: an average of fifteen (15) feet, and not less than ten (10) feet for any individual townhouse unit. Common parking areas, driveways, and rights-of-way may be permitted within the front yard setback.

4.

A side yard setback of fifteen (15) feet shall be provided for each end residence in any group of townhouses adjoining a property boundary of the development. Where a group of townhouses adjoin a private drive or parking area or walkway intended for the common use of townhouse occupants, the side yard setback shall be ten (10) feet.

5.

Minimum rear yard setback: Twenty-five (25) feet.

6.

Minimum lot size for individual townhouse lots: One thousand six hundred (1,600) square feet for interior lots and two thousand one hundred (2,100) square feet for end lots.

7.

Fifty (50) percent of the individual townhouse lots shall be allowed to have a minimum width of fourteen (14) feet, measured from center of wall to center of wall. The remaining lots shall have a width greater than fourteen (14) feet.

8.

Maximum number in a group or block of townhouses: Ten (10) townhouse units.

9.

Maximum coverage for townhouse developments:

a.

Building coverage: Forty-five (45) percent.

b.

Lot coverage: Seventy (70) percent.

(Ord. No. 42694-12, § 16, 4-26-94; Ord. No. 042799-11, § 2, 4-27-99; Ord. No. 052411-9, § 1, 5-24-11; Ord. No. 111213-15, § 1, 11-12-13)

(A)

In the AV district the minimum lot size shall be thirty thousand (30,000) square feet.

(B)

In the R-2, R-3 and R-4 districts the minimum lot size shall be ten thousand (10,000) square feet.

(C)

General standards in the C-1 and C-2 district:

1.

The two-family dwelling use shall be allowed in conjunction with a civic, office or commercial use type.

2.

The two-family dwelling use may account for up to fifty (50) percent of the gross floor area on the site. A special use permit shall be required if the two-family use accounts for more than fifty (50) percent of the gross floor area on the site.

(Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 092215-9, § 1, 9-22-15)

Editor's note— Ord. No. 111213-15, § 1, adopted November 12, 2013, amended the Code by repealing former § 30-82-16. Former § 30-82-16 pertained to temporary portable storage containers, and derived from Ord. No. 052609-22, adopted May 26, 2009; and Ord. No. 052411-9, adopted May 24, 2011.

(A)

General standards:

1.

Any outdoor activity area, swimming pool, or ball field or court which adjoins a residential use type shall be landscaped with one row of small evergreen trees in accordance with Section 30-92 along the property line adjoining the residential use type. Where night-time lighting of such areas is proposed large evergreen trees shall be required in a location appropriate to screen adjoining residences.

2.

The minimum area for a camp shall be ten (10) contiguous acres.

3.

Multiple structures may be constructed on the property, such as cabins, lodges and other facilities typical of a camp provided that all structures comply with the setback requirements for a principal structure from adjoining property lines.

4.

Each building intended to accommodate members shall be accessible via an all weather road suitable to accommodate emergency vehicles serving the property.

5.

One year-round residence, including a manufactured home or recreational vehicle, may be constructed/installed as a caretaker's home or residence in addition to other facilities on the property.

(Ord. No. 42694-12, § 17, 4-26-94; Ord. No. 62795-10, 6-27-95; Ord. No. 042799-11, § 2, 4-27-99; Ord. No. 091019-4, § 1, 9-24-20)

(A)

General standards:

1.

Minimum parcel size: Ten (10) acres.

2.

No interment shall occur within twenty-five (25) feet of the property line.

(B)

Any cemetery associated with a place of religious assembly or for the burial of members of a family on private property shall be exempt from the general standards above, and the necessity of obtaining a special use permit provided the following:

1.

The owners of any residence located within two hundred fifty (250) feet, excluding residences separated by a public street, consent in writing to the proposed cemetery; and

2.

The cemetery is located at least three hundred (300) feet from any public property containing a well used in connection with a public water supply.

3.

The location is sufficiently documented, in the opinion of the zoning administrator, and recorded in the office of the clerk of the circuit court to adequately inform prospective and future property owners of the presence and location of such cemeteries.

(Ord. No. 62293-12, § 6, 6-22-93)

(A)

In the AV district, when a club adjoins a residential use type, a Type C buffer yard in accordance with Section 30-92 shall be provided along the property line which adjoins the residential use type.

(A)

General standards:

1.

Any parking lot, outdoor activity area, swimming pool, or ball field or court which adjoins a residential use type shall be landscaped with one (1) row of small evergreen trees in accordance with section 30-92 along the property line adjoining the residential use type. Where night-time lighting of such areas is proposed, large evergreen trees shall be required.

(Ord. No. 052411-9, § 1, 5-24-11)

(A)

General standards:

1.

All day care centers shall comply with the Minimum Standards for Day Care Centers established by the Virginia Department of Social Services, as may be amended, unless specifically exempt from those minimum standards.

2.

A business license or certificate of zoning compliance to operate a day care center shall be approved provided that a license to operate a day care center from the Virginia Department of Social Services is approved prior to beginning operation of the center. Failure to maintain a valid license approved by the Virginia Department of Social Services shall be considered a violation of this ordinance.

(A)

General standards:

1.

Any parking lot, outdoor activity area, ball field or court, or stadium which adjoins a residential use type shall be landscaped with one (1) row of small evergreen trees in accordance with section 30-92 along the property line adjoining the residential use type. Where night-time lighting of such areas is proposed large evergreen trees shall be required.

2.

Any area constructed in conjunction with an educational facility intended for the overnight storage of school buses which adjoins a residential use type shall provide Type C buffer yard as specified in Section 30-92 of this ordinance.

(B)

In the AR district, the maximum building coverage shall be twenty (20) percent and the maximum lot coverage fifty (50) percent of the total lot area.

(C)

In residential districts, the maximum building coverage shall be forty (40) percent and the maximum lot coverage shall be sixty (60) percent of the total lot area.

(Ord. No. 052411-9, § 1, 5-24-11)

(A)

General standards:

1.

Family day care homes, where applicable, shall comply with the Standards for Licensed Family Day Homes established by the Virginia Department of Social Services, as may be amended.

2.

When a license is required, a copy of the license to operate a family day care home, approved by the Virginia Department of Social Services, shall be presented to the administrator prior to the issuance of a business license or certificate of zoning compliance to operate a family day care home.

(Ord. No. 42694-12, § 18, 4-26-94; Ord. No. 111213-15, § 1, 11-12-13)

(A)

General standards:

1.

No halfway house shall be located within five hundred (500) feet of another halfway house.

2.

The applicant shall obtain a zoning permit prior to the occupation of a halfway house. The zoning permit application shall include, but not be limited to, the following information:

a.

All relevant parcel information including tax map number, zoning district, address, and magisterial district.

b.

The applicant's name, address, and personal contact information.

c.

The name, address, and personal contact information of the authorized party responsible for resolving complaints, if different from the applicant.

d.

The structure layout of each floor of the halfway house.

e.

The number of people residing in the halfway house and the number of staff members working in the halfway house.

(B)

In the AV district and all residential zoning districts:

1.

The maximum number of people residing in the halfway house shall be five (5) persons. Any counselors, support personnel, or other employees that are present during nighttime hours (10:00 p.m. to 7:00 a.m. the following day) shall be included in the maximum number of five (5) persons.

2.

The halfway house shall be located on a parcel of land that is five (5) acres or greater in size.

(Ord. No. 011023-4, § 1, 1-10-23)

(A)

General standards:

1.

Park and ride facilities shall be exempt from all maximum building and lot coverage requirements contained in this ordinance.

2.

Park and ride facilities shall comply with the parking facility standards listed in section 30-87-4.

(Ord. No. 052411-9, § 1, 5-24-11)

Editor's note— Ord. No. 052819-10, § 1, adopted May 28, 2019, repealed § 30-83-7.5. Former § 30-83-7.5 pertained to public maintenance and service facilities and derived from Ord. No. 122005-11, adopted December 20, 2005.

(A)

General standards:

1.

Any outdoor activity area, ball field or court, or stadium which adjoins a residential use type shall be landscaped with one row of small evergreen trees in accordance with Section 30-92 along the property line adjoining the residential use type. Where night-time lighting of such areas is proposed large evergreen trees shall be required.

2.

Year-round residence(s), including a manufactured home or recreational vehicle, may be constructed/installed as a caretaker's home or residence in addition to other facilities on the property.

(Ord. No. 091019-4, § 1, 9-24-20)

(A)

General standards:

1.

Any outdoor activity area, swimming pool, or ball field or court which adjoins a residential use type shall be landscaped with one (1) row of small evergreen trees in accordance with Section 30-92 along the property line adjoining the residential use type. Where night-time lighting of such areas is proposed large evergreen trees shall be required.

2.

When a place of religious assembly adjoins a residential use type, a Type C buffer yard in accordance with Section 30-92 shall be provided between the parking area(s) and the residential use type.

3.

Expansions of existing uses are permitted by right.

(Ord. No. 42694-12, § 19, 4-26-94; Ord. No. 042799-11, § 2, 4-27-99; Ord. No. 052411-9, § 1, 5-24-11; Ord. No. 111213-15, § 1, 11-12-13)

(A) General standards:

1.

When a safety services establishment adjoins a residential use type, a Type C buffer yard in accordance with Section 30-92 shall be provided along the property line which adjoins the residential use type.

(A) General standards:

1.

In considering an application for a special use permit, the planning commission and board of supervisors shall consider the justification for the location of the proposed utility service and any alternative locations which may be available.

2.

The minimum lot size may be reduced as part of approval of the special use permit provided all setback and yard requirements are met and all other dimensional requirements are achieved.

3.

The height limitation contained in each district may be increased as part of the approval of the special use permit, subject to any other height limitation contained in the section 30-72 and 30-73 of this ordinance.

4.

No major utility service shall be located within one hundred (100) feet of an existing residence.

5.

Except in the I-1 and I-2 districts, outdoor storage of materials and equipment, except during construction of the utility facility, shall be prohibited in association with a major utility service, unless specifically requested and approved as part of the special use permit. In the I-1 and I-2 districts outdoor storage areas shall comply with the screening provisions contained in section 30-92-4 (E).

6.

Buildings and facilities shall be designed and constructed to be compatible with the surrounding area, so that these facilities or structures will not adversely affect nearby properties.

7.

Except in the I-1 and I-2 districts, Type E screening and buffering consistent with section 30-92 of this ordinance shall be required, unless specifically modified as a part of the approved special use permit.

8.

All sewer and water utility services shall be publicly owned and operated by a government agency unless otherwise recommended by the director of the utility department and approved by the board of supervisors.

9.

Sewer and water utility services shall be designed with a service area and capacity consistent with the purposes of the respective zoning district and the recommendations of the community plan.

(Ord. No. 042799-11, § 1f., 4-27-99)

(A) In the AV and NC districts, when a general office use adjoins a residential use type, a Type C buffer yard in accordance with Section 30-92 shall be provided along the property line which adjoins the residential use type.

(A) In the AV and NC districts, when a medical office use adjoins a residential use type, a Type C buffer yard in accordance with Section 30-92 shall be provided along the property line which adjoins the residential use type.

(A)

General standards:

1.

All drive-through windows shall conform to the standards for drive-through facilities contained in section 30-91-6.

(B)

Additional standards in the AV district:

1.

When a financial institution adjoins a residential use type, a Type C buffer yard in accordance with Section 30-92 shall be provided along the property line which adjoins the residential use type.

(Ord. No. 052411-9, § 1, 5-24-11)

(A)

General standards:

1.

Sexually explicit material shall not be displayed in the windows of adult businesses. Further, adult merchandise as defined in chapter 13, section 13-100, shall not be visible from any point outside the establishment.

2.

Signs advertising the adult business and any attention-getting devises shall not display sexually explicit pictures or language.

3.

All off-street parking areas of the adult business shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one foot candle of light on the parking surface and walkways. Adequate lighting shall also be provided for all entrances and exists serving the adult business.

4.

Adult businesses shall not employ any person under the age of 18.

5.

Wide angle mirrors and/or video systems must be used to provide the manager with continuous monitoring of all areas of the establishment.

6.

The owner or operator shall install, operate and maintain a security camera and video tape system designed by a security specialist which shall continuously monitor all exterior entrances and parking areas of the establishment. Such cameras shall provide clear imagery of the establishment's patrons and their vehicles. Tapes recording activities in the areas under surveillances shall be preserved for a period of twelve (12) months. Authorized representatives of the police department or the department of planning shall have access to such tapes in accordance with applicable law.

7.

No adult business shall be located within 300 feet of a public or private licensed day care center, educational facilities, primary/secondary, religious assembly, or R-1, R-2, R-3, R-4, PRD or R-MH Districts.

(Ord. No. 102505-7, § 3, 10-25-05; Ord. No. 020921-8, § 1, 2-9-21)

(A)

In the AG-3, AG-1 and AV districts, any outdoor storage area for agricultural equipment awaiting repair which is visible from a public right-of-way or an adjoining property shall be provided with a Type C buffer yard in accordance with Section 30-92. When the storage area and/or repair facilities are clearly visible from a residence on an adjoining property a Type D buffer yard shall be provided.

(B)

In the C-1, C-2, and I-1 districts any outdoor storage area for agricultural equipment awaiting repair shall be placed in a storage yard. The storage yard shall be fully screened from public view and shall be set back at least one hundred (100) feet from any adjoining residential district.

(Ord. No. 111213-15, § 1, 11-12-13; Ord. No. 092215-9, § 1, 9-22-15)

(A)

In the agricultural districts:

1.

Antique shops shall not exceed three thousand (3,000) square feet in gross floor area.

2.

When adjoining a residential use type, a Type C buffer yard in accordance with Section 30-92 shall be provided along the property line which adjoins the residential use type.

(Ord. No. 111213-15, § 1, 11-12-13)

(A)

General standards:

1.

Outdoor display areas in conjunction with automobile sales shall be constructed of the same materials required for off-street parking areas as required in section 30-91-4.3, parking area surface standards.

2.

A ten-foot planting strip shall be provided adjacent to any public street right-of-way.

3.

The storage and/or display of motor vehicles in the planting strip required above shall be prohibited.

4.

Exterior display or storage of new or used automobile parts is prohibited.

5.

Body and fender repair services are permitted provided:

a.

The area devoted to such services do not exceed twenty (20) percent of the gross floor area.

b.

The repair facilities are at least one hundred fifty (150) feet from any adjoining residential district.

c.

Any spray painting takes place within a structure designed for that purpose and approved by the Roanoke County Fire and Rescue Department.

d.

Any vehicle awaiting body repair or painting, or is missing major mechanical or body parts, or has been substantially damaged shall be placed in a storage yard. The storage yard shall be fully screened from public view and shall be set back at least one hundred (100) feet from any adjoining residential district.

(Ord. No. 052609-22, § 1, 5-26-09; Ord. No. 052411-9, § 1, 5-24-11; Ord. No. 111213-15, § 1, 11-12-13)

Editor's note— Ord. No. 111213-15, § 1, adopted November 12, 2013, amended the Code by repealing former § 30-85-4 in its entirety. Former § 30-85-4 pertained to used automobile dealerships, and derived from Ord. No. 052609-22, adopted May 26, 2009; Ord. No. 052411-9, adopted May 24, 2011.

Editor's note— Ord. No. 052819-10, § 1, adopted May 28, 2019, repealed § 30-85-4.5. Former § 30-85-4.5 pertained to automobile rental/leasing and derived from Ord. No. 122005-11, adopted December 20, 2005.

(A)

General standards:

1.

All vehicles stored on the premises in excess of seventy-two (72) hours shall be placed in a storage yard. The storage yard shall be fully screened from public view and shall be set back at least one hundred (100) feet from any adjoining residential district.

2.

Body and fender repair services shall be subject to the following:

a.

The repair facilities are at least one hundred fifty (150) feet from any adjoining residential district.

b.

Any spray painting takes place within a structure designed for that purpose and approved by the Roanoke County Fire and Rescue Department.

3.

Exterior display or storage of new or used automobile parts is prohibited.

(A)

General standards:

1.

Exterior display or storage of new or used automobile parts is prohibited.

2.

Equipment and vehicles stored overnight on the premises shall be behind the front building line or at least thirty-five (35) feet from the public right-of-way, whichever is greater.

(B)

Additional standards in the AV district:

1.

When adjoining a residential use type, a Type C buffer yard in accordance with Section 30-92 shall be provided along the property line which adjoins the residential use type.

2.

The site shall front directly on and have direct access to a publicly owned and maintained street.

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

(A)

General standards:

1.

Exterior display or storage of new or used automobile parts is prohibited.

2.

Equipment and vehicles stored overnight on the premises shall be behind the front building line or at least thirty-five (35) feet from the public right-of-way, whichever is greater.

(B)

Additional standards in the AV district:

1.

When adjoining a residential use type, a Type C buffer yard in accordance with Section 30-92 shall be provided along the property line which adjoins the residential use type.

2.

The site shall front directly on and have direct access to a publicly owned and maintained street.

(A)

General standards:

1.

The owner or owner's family shall reside on the same parcel occupied by the bed and breakfast establishment.

2.

No more than five (5) guest sleeping rooms shall be utilized for a bed and breakfast establishment. The maximum number of guest occupants shall not exceed sixteen (16) guests.

3.

Any building erected, enlarged or modified to accommodate a bed and breakfast shall maintain the appearance of a single family residence. No rooms shall have direct entrance or exit to the outside of the building, except that emergency exits when required by the fire marshal may be provided for emergency purposes only.

4.

Guests may stay no more than thirty (30) consecutive nights in any one (1) calendar year. The operator of the bed and breakfast shall maintain a log of all guests, including their name, address, license plate number, and length of stay, and shall make the log available to county staff upon request.

5.

Meals shall be provided only to overnight guests and no cooking shall be permitted in guest rooms.

6.

Required parking areas for guests and employees shall be provided on-site.

7.

Health department approval for sewage disposal, water supply and kitchen facilities shall be submitted prior to issuance of a certificate of zoning compliance.

8.

The site shall front directly on and have direct access to a publicly owned and maintained street.

(B)

In the R-1 and R-2 zoning districts, the following additional standards shall apply:

1.

One (1) guest sleeping room or accommodation shall be allowed as a by-right use provided the maximum number of guest occupants shall not exceed four (4) guests.

2.

For two (2) or more guest sleeping rooms, a special use permit shall be required on lots less than five (5) acres. Lots that are five (5) acres or greater in size, a bed and breakfast shall be considered a by-right use.

(Ord. No. 111213-15, § 1, 11-12-13; Ord. No. 092215-9, § 1, 9-22-15)

(A)

General standards:

1.

The owner or manager shall provide full-time management of the establishment at all times when the facility is occupied by one (1) or more guests.

2.

The establishment shall not contain restaurant facilities, but may provide meal service for transient, overnight guests only.

3.

Up to fifteen (15) guestrooms may be provided for paying guests.

4.

Outdoor events such as weddings, receptions, and similar activities may be conducted as accessory uses.

5.

The establishment shall front on a public road and the site shall have direct access from the public road.

(Ord. No. 062816-4, § 1, 6-28-16)

Editor's note— Ord. No. 052819-10, § 1, adopted May 28, 2019, repealed § 30-85-8.5. Former § 30-85-8.5 pertained to business support services and derived from Ord. No. 122005-11, adopted December 20, 2005.

(A)

General standards:

1.

A permanent structure shall be required on site for classroom type training.

2.

A special use permit shall be required for any outdoor training component associated with this use.

(Ord. No. 062816-4, § 1, 6-28-16)

(A)

General standards in the AG3 and AG1 districts:

1.

The minimum area for a campground shall be ten (10) contiguous acres.

2.

Each campsite shall be set back a minimum distance of fifty (50) feet from the perimeter property line of the campground.

3.

The maximum density shall be fourteen (14) sites per gross acre. Each campsite designed for recreational vehicles shall have a minimum space of two thousand (2,000) square feet with a minimum width of thirty (30) feet. Areas devoted solely for tent camping shall provide at least four hundred (400) square feet per campsite.

4.

Vacation cottages may be constructed within a campground provided that a minimum land area of four thousand (4,000) square feet is designated solely for the first dwelling unit in a cottage, with an additional two thousand (2,000) square feet of land area provided for each additional dwelling unit within the cottage. The maximum floor area of a cottage shall be thirty (30) percent of the site.

5.

The primary access road shall be surfaced as required in section 30-91-4.3, parking area surface standards. Such paving shall extend from the public street right-of-way to the entrance station. Interior roads and access to individual sites shall consist at a minimum of an all weather gravel surface. All interior roads shall be eighteen (18) feet minimum width for two-way travel or ten (10) feet minimum width for one-way travel. No campsite shall have direct access to a public street.

6.

One year-round residence, including a manufactured home or recreational vehicle, may be constructed/installed in a campground as a caretaker's home or residence.

7.

The following uses and activities shall be prohibited at a campground:

a.

The sale, storage, use or occupancy of any manufactured home, except as provided above.

b.

The sale of recreational vehicles and the storage of unoccupied units not in a condition for safe occupancy.

8.

Indoor and outdoor recreational facilities are permitted for the exclusive use of campground tenants. At least fifteen (15) percent of the campground area shall be developed and improved for recreational uses. In calculating the required area, common walkways and related landscaping may be included provided that such space is at least twenty (20) feet in width. At least half of the required recreation area shall be for active recreation, such as swimming pools, ball fields and play lots for small children. No developed recreational areas shall be located within the required yard setbacks for the district.

9.

Retail sales for the convenience of campground tenants are permitted. Items are limited to food, concessions, recreational supplies, personal care items, and other items clearly supportive of campground tenants' needs.

10.

Guests may stay no more than thirty (30) nights in any one calendar year. The operator of a campground shall maintain a log of all guests, including their name, address, license plate number, and length of stay, and shall make the log available to county staff upon request.

11.

The site shall front on and have direct access to a publicly owned and maintained street.

(B)

In the EP district, the following shall apply:

1.

Year-round residence(s), including a manufactured home or recreational vehicle, may be constructed/installed as a caretaker's home or residence in addition to other facilities on the property.

(Ord. No. 62795-10, 6-27-95; Ord. No. 122005-11, § 1, 12-20-05; Ord. No. 052609-22, § 1, 5-26-09; Ord. No. 052819-10, § 1, 5-28-19; Ord. No. 091019-4, § 1, 9-24-20)

(A)

General standards:

1.

All new car wash facilities, whether conveyor operated or self service, shall be equipped with a water recycling system for eighty-five (85) percent of the water used.

(Ord. No. 042208-16, § 1, 4-22-08)

Editor's note— Ord. No. 042799-11, § 2, adopted April 27, 1999, amended the Code by repealing former § 30-85-11 in its entirety. Former § 30-85-11 pertained to clinics, and carried no history note.

(A)

General standards:

1.

A ten-foot planting strip shall be provided adjacent to any public street right-of-way.

2.

The storage and/or display of goods and materials in the planting strip required above shall be prohibited.

(Ord. No. 052609-22, § 1, 5-26-09)

(A)

General standards:

1.

Limited sale of foods prepared on the premises may be allowed provided no more than twenty (20) percent of the floor areas is devoted to seating facilities. Seating areas in excess of this shall constitute a fast food restaurant.

2.

Exterior display of merchandise for sale is allowed under the following conditions:

a.

On a paved walkway within three (3) feet of the building.

b.

Ice machines and soft drink vending machines, in operating condition, shall be stored under roofed areas.

3.

The display of vehicles "for sale" is prohibited.

4.

The retail sale of nicotine vapor products, alternative nicotine products as defined in Code of Virginia § 18.2-371.2, or hemp products intended for smoking as defined in Code of Virginia § 3.2-4112 shall be prohibited on properties located within one thousand (1,000) feet of a principal school building of any Roanoke County public high school or middle school. This shall not affect (i) a licensee holding a valid license under Code of Virginia § 4.1-206.3 or (ii) any retail sale location of nicotine vapor products, alternative nicotine products, or hemp products intended for smoking operating before November 20, 2024.

(B)

Additional standards in the NC district:

1.

No convenience store shall exceed two thousand (2,000) square feet of gross floor area.

2.

When adjoining a residential use type, a Type C buffer yard in accordance with Section 30-92 shall be provided along the property line which adjoins the residential use type.

(C)

Additional standards in the AV district:

1.

No convenience store shall exceed three thousand (3,000) square feet of gross floor area.

2.

When adjoining a residential use type, a Type C buffer yard in accordance with Section 30-92 shall be provided along the property line which adjoins the residential use type.

(Ord. No. 122005-11, § 1, 12-20-05; Ord. No. 052819-10, § 1, 5-28-19; Ord. No. 111924-7,§ 1, 11-19-24)

(A)

General standards:

1.

The owner or manager shall provide full-time management of the establishment at all times when the facility is occupied by one (1) or more guests.

2.

The establishment may contain restaurant facilities that provide meal service to overnight guests and the general public.

3.

Up to thirty (30) guestrooms may be provided for paying guests.

4.

Outdoor events such as weddings, receptions, and similar activities may be conducted as accessory uses.

5.

The establishment shall front on a public road and the site shall have direct access from the public road.

(Ord. No. 062816-4, § 1, 6-28-16)

(A)

General standards:

1.

A ten-foot planting strip shall be provided adjacent to any public street right-of-way.

2.

The storage and/or display of goods and materials in the planting strip required above shall be prohibited.

(Ord. No. 052609-22, § 1, 5-26-09)

(A)

General standards:

1.

Bulk storage of fuel shall be underground pursuant to the standards established by the National Fire Prevention Association (NFPA) and the U.S. Environmental Protection Agency (EPA).

2.

Fuel dispensers shall be located at least thirty (30) feet from any public street right-of-way, and shall be located at least one hundred (100) feet from any adjoining residential use type.

3.

When adjoining a residential use type, a Type C buffer yard in accordance with section 30-92 shall be provided along the property line which adjoins the residential use type.

4.

The retail sale of nicotine vapor products, alternative nicotine products as defined in Code of Virginia § 18.2-371.2, or hemp products intended for smoking as defined in Code of Virginia § 3.2-4112 shall be prohibited on properties located within one thousand (1,000) feet of a principal school building of any Roanoke County public high school or middle school. This shall not affect (i) a licensee holding a valid license under Code of Virginia § 4.1-206.3 or (ii) any retail sale location of nicotine vapor products, alternative nicotine products, or hemp products intended for smoking operating before November 20, 2024.

(Ord. No. 052411-9, § 1, 5-24-11; Ord. No. 111924-7,§ 1, 11-19-24)

(A)

General standards:

1.

A ten-foot planting strip shall be provided adjacent to any public street right-of-way. Within this planting strip, one (1) large deciduous, large evergreen or small deciduous tree shall be planted every thirty (30) linear feet. Such plantings shall otherwise comply with the landscaping requirements contained in section 30-92.

2.

The storage and/or display of goods and materials in the planting strip required above shall be prohibited.

(B)

Additional standards in the AV district:

1.

When adjoining a residential use type, a Type C buffer yard in accordance with Section 30-92 shall be provided along the property line which adjoins the residential use type.

(Ord. No. 042208-16, § 1, 4-22-08)

(A)

General standards:

1.

Bulk storage of fuel shall be underground pursuant to the standards established by the National Fire Prevention Association (NFPA) and the U.S. Environmental Protection Agency (EPA).

2.

Fuel dispensers shall be located at least thirty (30) feet from any public street right-of-way, and shall be located at least one hundred (100) feet from any adjoining residential use type.

3.

When adjoining a residential use type, a Type C buffer yard in accordance with section 30-92 shall be provided along the property line which adjoins the residential use type.

4.

The retail sale of nicotine vapor products, alternative nicotine products as defined in Code of Virginia § 18.2-371.2 of the , or hemp products intended for smoking as defined in Code of Virginia § 3.2-4112 shall be prohibited on properties located within one thousand ( 1,000) feet of a principal school building of any Roanoke County public high school or middle school. This shall not affect (i) a licensee holding a valid license under Code of Virginia § 4.1-206.3 or (ii) any retail sale location of nicotine vapor products, alternative nicotine products, or hemp products intended for smoking operating before November 20, 2024.

(B)

Additional standards in the AV and NC districts:

1.

No more than four (4) stations designed for dispensing fuel shall be located on site.

(Ord. No. 122005-11, § 1, 12-20-05; Ord. No. 052411-9, § 1, 5-24-11; Ord. No. 052819-10, § 1, 5-28-19; Ord. No. 111924-7,§ 1, 11-19-24)

(A)

General standards:

1.

When the clubhouse, parking areas, or maintenance facilities adjoin a residential use type, a Type C buffer yard in accordance with Section 30-92 shall be provided along the property line which adjoins the residential use type.

(A)

General standards:

1.

Each commercial kennel shall install and operate a kennel silencer.

2.

Animal waste shall [be] disposed of in a manner acceptable to the department of health.

3.

Crematoria or land burial of animals in association with a commercial kennel shall be prohibited.

(B)

Additional standards in the AG-3, AG-1, AR and AV districts:

1.

The minimum area required for a commercial kennel shall be two (2) acres.

2.

All facilities associated directly with the commercial kennel, whether indoors or outdoors, shall be set back a minimum of one hundred (100) feet from any property line.

3.

When adjoining a residential use type, a Type C buffer yard in accordance with Section 30-92 shall be provided along the property line which adjoins the residential use type.

4.

The site shall front on and have direct access to a publicly owned and maintained street.

(C)

Additional standards in the C-2 district:

1.

All outdoor runs, training areas and pens associated with a commercial kennel shall be set back a minimum of one hundred (100) feet from any property line.

(A)

General standards:

1.

The minimum lot size shall be two (2) acres.

2.

The minimum front yard setback shall be thirty-five (35) feet.

3.

No security fencing, security gate or other obstruction to vehicle access shall be permitted in the required front yard setback or in any buffer yard required pursuant to section 30-92.

4.

All interior driveways shall be at least twenty-six (26) feet wide when cubicles open onto one (1) side only and at least thirty (30) feet wide when cubicles open onto both sides to accommodate loading and unloading at individual cubicles. Adequate turning radiuses shall be provided, where appropriate, for a 30-foot long single unit truck or moving van. Materials and design shall otherwise conform to the standards contained in section 30-91-4.3, parking area surface standards.

5.

Reserved.

6.

The following uses shall be prohibited:

a.

Auctions by tenants, commercial wholesale or retail sales, or miscellaneous or garage sales.

b.

The servicing, repair or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances or other similar equipment.

c.

The operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment.

d.

The establishment of a transfer and storage business.

e.

The storage of flammable, highly combustible, explosive or hazardous materials shall be prohibited.

7.

Outdoor storage areas shall be used for the storage of motor vehicles, trailers, and recreational vehicles only. All outdoor storage areas shall be screened from adjoining properties by a 10-foot landscaped area consisting of small evergreen trees and evergreen shrubs in accordance with section 30-92.

8.

Accommodations for a live-in manager shall be permitted.

(Ord. No. 052609-22, § 1, 5-26-09; Ord. No. 072225-9, § 1, 7-22-25)

(A)

General standards:

1.

A ten-foot planting strip shall be provided adjacent to any public street right-of-way.

2.

The storage and/or display of manufactured homes in the planting strip required above shall be prohibited.

3.

The storage of manufactured homes on the premises which are not suitable for occupancy shall be prohibited.

(Ord. No. 052609-22, § 1, 5-26-09)

(A)

General standards:

1.

A ten-foot planting strip shall be provided adjacent to any public street right-of-way.

2.

The storage and/or display of recreational vehicles in the planting strip required above shall be prohibited.

3.

Any recreational vehicle which is missing major mechanical or body parts or has been substantially damaged shall be placed in a storage yard. The storage yard shall be fully screened from public view and shall be set back at least one hundred (100) feet from any adjoining residential district.

(Ord. No. 052609-22, § 1, 5-26-09)

Editor's note— Ord. No. 042208-16, § 1, adopted April 22, 2008, amended the Code by repealing former § 30-85-22 in its entirety. Former § 30-85-22 pertained to family restaurants, and derived from 82592-12, adopted August 25, 1992.

(A)

In the AV district:

1.

When adjoining a residential use type, a Type C buffer yard in accordance with section 30-92 shall be provided along the property line which adjoins the residential use type.

2.

Health department approval for sewage disposal, water supply and kitchen facilities shall be submitted prior to issuance of a building permit for a general restaurant.

(Ord. No. 042208-16, § 1, 4-22-08)

(A)

General standards:

1.

All drive-through windows shall comply with the standards for drive-through facilities contained in Section 30-91-6.

2.

A special use permit shall not be required for any fast food restaurant that is located within a shopping center.

3.

Expansions of existing uses are permitted by right.

(Ord. No. 122005-11, § 1, 12-20-05; Ord. No. 052411-9, § 1, 5-24-11; Ord. No. 111213-15, § 1, 11-12-13; Ord. No. 052819-10, § 1, 5-28-19)

(A)

In the Clearbrook village overlay district:

1.

A special use permit shall be required for any retail sales use, building or structure that exceeds fifty thousand (50,000) square feet of gross floor area. When multiple buildings are proposed as part of a planned or phased development, square footage calculations shall be based upon the total size of all buildings planned or proposed.

(B)

In the EP District:

1.

A special use permit shall be required for any retail sales use, building or structure that exceeds fifty thousand (50,000) square feet of gross floor area.

(C)

In the AV District:

1.

Retail sales shall not exceed three thousand (3,000) square feet in gross floor area.

(D)

General standards:

1.

The retail sale of nicotine vapor products, alternative nicotine products as defined in Code of Virginia § 18.2-371.2, or hemp products intended for smoking as defined in Code of Virginia § 3.2-4112 shall be prohibited on properties located within one thousand (1,000) feet of a principal school building of any Roanoke County public high school or middle school. This shall not affect (i) a licensee holding a valid license under Code of Virginia § 4.1-206.3 or (ii) any retail sale location of nicotine vapor products, alternative nicotine products, or hemp products intended for smoking operating before November 20, 2024.

2.

That this ordinance shall be in full force and effect from and after its adoption.

(Ord. No. 121900, § 3, 12-19-00; Ord. No. 122005-11, § 1, 12-20-05; Ord. No. 111213-15, § 1, 11-12-13; Ord. No. 052819-10, § 1, 5-28-19; Ord. No. 111924-7,§ 1, 11-19-24)

(A)

General standards:

1.

The applicant shall obtain a zoning permit prior to the occupation of a room or dwelling for short-term rental. The zoning permit application shall include, but not be limited to, the following information:

a.

All relevant parcel information including tax map number, zoning district, address, and magisterial district.

b.

The applicant's name, address, and personal contact information.

c.

The name, address, and personal contact information of the authorized party responsible for resolving complaints, if different from the applicant.

2.

The county shall be notified within thirty (30) days of any change in the applicant's address or personal contact information, or any change in the name, address or personal contact information of the authorized party responsible for resolving complaints.

3.

A short-term rental zoning permit expires upon any change in ownership of the property.

4.

A short-term rental zoning permit may be revoked by the zoning administrator due to the failure of the applicant to comply with all applicable regulations set forth in this section or elsewhere in the zoning ordinance or County Code.

(B)

In the R-1 and R-2 zoning district, the following standard shall apply:

1.

A special use permit shall be required on lots less than five (5) acres. Lots that are five (5) acres or greater in size, a short-term rental shall be considered a use permitted by right.

(Ord. No. 020921-8, § 1, 2-9-21)

(A)

General standards:

1.

The site shall front directly on and have direct access to a publicly owned and maintained street.

2.

Outdoor amplified music shall be regulated by Section 13-21(6) of the County Code (Noise Ordinance).

(B)

Additional standards in the AR District:

1.

The minimum acreage for a special events facility shall be ten (10) acres.

(Ord. No. 062816-4, § 1, 6-28-16; Ord. No. 082818-8, § 1, 8-28-18; Ord. No. 091019-4, § 1, 9-24-20)

(A)

General standards:

1.

The truck stop site shall be a minimum of ten (10) acres.

(A)

General standards:

1.

A Type E buffer yard shall be required in accordance with Section 30-92.

2.

In considering a special use permit request for an asphalt plant, in addition to the general standards contained in Section 30-19 of this ordinance, the board shall specifically consider and set standards for the following:

a.

The maximum height of any structure and any additional setback requirements necessary to compensate for any increased height.

b.

Specific measures to control dust during the construction and operation of the plant.

c.

Specific levels of noise permitted during the daytime and nighttime operation of the plant, as measured at adjacent property lines, and any additional requirements for the design or operation of the plant intended to reduce noise.

(Ord. No. 042208-16, § 1, 4-22-08)

(A) General standards:

1.

The area designed for composting shall be located greater than three hundred (300) feet from all property lines.

2.

The area designated for composting shall be more than one thousand (1000) feet from any dwelling not located on the same property as the composting site.

3.

The area designated for composting shall not be located within an area designated as a floodplain as defined in the Code of Virginia.

4.

The operator shall provide adequate protection, either physical or natural, for any body of water such as a stream, creek, or lake, from inundation by the composting operation.

5.

No portion of the area for composting shall lie within a designated one hundred-year flood plain as determined by the Federal Emergency Management agency.

6.

The agricultural operation associated with the composting shall have at least one (1) acre of ground suitable to receive yard waste for each one hundred fifty (150) cubic yards of finished compost generated annually.

7.

Material to be used in the composting process must be used as such and not left out in the open where it could create an odor or sight nuisance or health hazard.

8.

Composting operations shall not include the processing of municipal wastes.

9.

All composting operations are required to meet all applicable state and federal regulations regarding their performance.

(Ord. No. 042799-11, § 2, 4-27-99)

(A) In the I-2 district, all materials stored on the premises overnight shall be placed in a storage yard. The storage yard shall be fully screened from surrounding views in accordance with Section 30-92, and shall be set back at least one hundred (100) feet from any adjoining residential district.

(B) In the AV district, the following standards shall apply:

1.

The maintenance and repair of all vehicles and equipment shall be conducted within an enclosed building.

2.

In considering a special use permit request for a construction yard, in addition to the above standards and the general standards contained in Section 30-19 of this ordinance, the board may consider and set standards for the following:

a.

The provisions for screening of any vehicles, equipment, materials and storage yard, and screening and buffering, in accordance with Section 30-91, of the entire construction yard.

b.

The maximum height of any structure and any additional setback requirements necessary to compensate for any increased height.

c.

Specific measures to control dust on the site.

d.

Specific levels of noise permitted on the site, as measured at adjacent property lines.

e.

Limit the hours of operation.

(A) General standards:

1.

A custom manufacturing establishment shall meet all the requirements for a principal structure.

2.

All activities associated with a custom manufacturing establishment, other than loading and unloading, shall be conducted within an enclosed building.

(B)

Additional standards in the AG-3, AG-1, AR and AV districts:

1.

Maximum square footage for a custom manufacturing establishment: six thousand (6,000) square feet.

2.

When adjoining a residential use type on an adjoining lot, a Type C buffer yard in accordance with Section 30-92 shall be provided along the property line which adjoins the residential use type.

3.

The site shall front directly on and have direct access to a publicly owned and maintained street.

(C) Additional standards in the AG-3, AG-1 and AR districts:

1.

The custom manufacturing establishment shall be accessory to a single family dwelling.

2.

No custom manufacturing establishment shall be located on lot containing less than three (3) acres.

(Ord. No. 042799-11, § 2, 4-27-99)

(A)

General standards:

1.

Minimum parcel size: Twenty (20) acres.

2.

A Type E buffer yard shall be provided in accordance with section 30-92.

3.

The site development and operations shall be in accordance with all of the regulations of the Virginia Department of Environmental Quality, include special conditions of any landfill permit, for construction debris landfills.

4.

In addition to the application requirements for a special use permit, a Master Plan of the proposed development and use of the site shall be submitted for consideration. This plan shall specify all physical changes and improvements to the property, areas proposed for landfilling activities including a phasing plan with time frames for the landfilling activities, methods for controlling drainage, run-off and leachate, erosion and sediment control measures to be employed during development of the site, an evaluation of the impact of the proposed activity on groundwater resources, methods for securing the site from illegal entry, proposed access routes and impacts on public roads, and proposed closure plan and eventual re-use of the site.

5.

In considering a special use permit, in addition to the above standards and the general standards contained in Section 30-19 of this ordinance, the board may consider and set standards for the following:

a.

The surface materials required for the access road, and length from the public road this surface treatment is required.

b.

Specific measures to control dust, odor and pests on the site.

c.

Specific levels of noise permitted on the site, as measured at adjacent property lines and acceptable noise levels as measured from adjoining residences.

d.

Limits on the hours of operation including the delivery of waste material and the operation of equipment on-site.

e.

Limitations on the types of materials to be landfilled.

f.

Measures to insure adequate security of the site.

g.

Additional requirements for screening and buffering.

6.

No clearing or landfilling activities shall be undertaken until the appropriate permits are approved by the Virginia Department of Environmental Quality.

7.

During the operating life of the landfill, an annual environmental audit shall be prepared by a qualified independent contractor to determine compliance with all conditions of the special use permit and all other requirements for the operation of the landfill. Any violations shall be reported to the administrator and shall be made public information.

(Ord. No. 42694-12, § 20, 4-26-94; Ord. No. 042208-16, § 1, 4-22-08)

(A) General standards:

1.

The material to be landfilled shall be limited only to soil, stone, gravel, and broken concrete, asphalt, brick, and block.

2.

The site development and operations shall be in accordance with all regulations of the Virginia Department of Environmental Quality, include special conditions of any landfill permit.

3.

In considering a special use permit, in addition to the above standards and the general standards contained in Section 30-19 of this ordinance, the board may consider and set standards for the following:

a.

The surface materials required for the access road, and length from the public road this surface treatment is required.

b.

Specific measures to control dust on the site.

c.

Specific levels of noise permitted on the site, as measured at adjacent property lines.

d.

Limit the hours of operation.

e.

Limitations on the types of materials to be landfilled.

f.

The frequency at which fill material shall be covered.

g.

Measures to insure adequate security of the site.

(Ord. No. 42694-12, § 20, 4-26-94)

(A)

General standards:

1.

Minimum parcel size: Fifty (50) acres.

2.

A Type E buffer yard shall be provided in accordance with section 30-92.

3.

The site development and operations shall be in accordance with all of the regulations of the Virginia Department of Environmental Quality, include special conditions of any landfill permit, for sanitary landfills.

4.

In addition to the application requirements for a special use permit, a Master Plan of the proposed development and use of the site shall be submitted for consideration. This plan shall specify all physical changes and improvements to the property, areas proposed for landfilling activities including a phasing plan with time frames for the landfilling activities, methods for controlling drainage, run-off and leachate, erosion and sediment control measures to be employed during development of the site, an evaluation of the impact of the proposed activity on groundwater resources, methods for securing the site from illegal entry, proposed access routes and impacts on public roads, and proposed closure plan and eventual re-use of the site.

5.

In considering a special use permit, in addition to the above standards and the general standards contained in Section 30-19 of this ordinance, the board may consider and set standards for the following:

a.

The surface materials required for the access road, and length from the public road this surface treatment is required.

b.

Specific measures to control dust, odor and pests on the site.

c.

Specific levels of noise permitted on the site, as measured at adjacent property lines and acceptable noise levels as measured from adjoining residences.

d.

Limits on the hours of operation including the delivery of waste material and the operation of equipment on-site.

e.

Limitations on the types of materials to be landfilled.

f.

Measures to insure adequate security of the site.

g.

Additional requirements for screening and buffering.

6.

No clearing or landfilling activities shall be undertaken until the appropriate permits are approved by the Virginia Department of Environmental Quality.

7.

During the operating life of the landfill, an annual environmental audit shall be prepared by a qualified independent contractor to determine compliance with all conditions of the special use permit and all other requirements for the operation of the landfill. Any violations shall be reported to the administrator and shall be made public information.

(Ord. No. 42694-12, § 20, 4-26-94; Ord. No. 042208-16, § 1, 4-22-08)

(A)

General standards:

1.

Where receptacles for recyclable materials are located outside of a building, they shall be located so as to not disrupt or interfere with on site traffic circulation, required fire lanes or required parking, loading or stacking areas.

2.

A specific circulation pattern shall be established to provide safe and easy access to recycling receptacles. Adequate space shall be provided for the unloading of recyclable materials.

3.

A regular schedule for picking up recycled materials shall be established and maintained.

4.

The site shall be maintained free of litter.

5.

Where receptacles for recyclable materials are located outside of a building, they shall be screened from public view in accordance with Section 30-92.

(A)

General standards:

1.

No surface mining or extraction activity shall be conducted within one hundred (100) feet of the exterior property line nor within two hundred (200) feet of any residential property or planned residential subdivision. The setback shall not be used for any purpose during the period of excavation, including overburden and spoil storage, except the minimum necessary for access roads.

2.

Access to the site shall be located so that truck traffic does not travel through any planned residential development, and shall otherwise be located to have as little as possible impact on residentially developed areas.

3.

Access roads shall be maintained in a dust free manner. All access roads shall be constructed so as to intersect as nearly as possible at right angles with public streets and roads.

4.

Off street parking areas adequate for all employees' vehicles and trucks shall be provided.

5.

In addition to the application requirements for a special use permit, a Master Plan of the proposed site shall be submitted for consideration. This plan shall specify all physical changes or improvements to the property, methods for controlling drainage, run-off, and potential ponding on the site, erosion and sediment control measures to be employed, an evaluation of the impact of the proposed activity on groundwater resources, methods for securing the site from illegal entry, proposed access routes and impacts on public roads, a phasing plan including time frames for the extraction activities, and proposed reclamation and re-use of the site upon completion of the mining or excavation activity.

(A) General standards:

1.

All scrap and salvage materials, and all associated vehicles and equipment stored on the premises overnight shall be placed in a totally enclosed building or in a storage yard. The storage yard shall be fully screened from surrounding views in accordance with Section 30-92, and shall be set back at least one hundred (100) feet from any adjoining residential district.

(A) General standards:

1.

The site development and operation shall be in accordance with all of the regulations of the Virginia Department of Environmental Quality, including special conditions, for a transfer station.

2.

No land development activities shall be undertaken until the appropriate permits are approved by the Virginia Department of Environmental Quality.

(Ord. No. 42694-12, § 20, 4-26-94)

Editor's note— Ord. No. 052819-10, § 1, adopted May 28, 2019, repealed § 30-85-11. Former § 30-85-11 pertained to transportation terminal and derived from Ord. No. 122005-11, adopted December 20, 2005.

(A) General standards:

1.

An amateur radio tower shall be considered as an accessory structure and shall comply with the minimum setback requirements for the respective zoning district.

2.

The minimum setback requirement from the base of the tower to any residential structure on an adjoining lot shall be at least equal to forty (40) percent of the height of the tower, measured from the closest structural member of the tower (excluding guy wires). Guy lines shall be exempt from the minimum setback requirements in side and rear yards for the respective zoning district, but shall comply with the setback requirements for the front yard.

3.

More than one tower shall be permitted provided all setback requirements have been met.

4.

Towers shall be illuminated as required by the Federal Aviation Administration (FAA) and the Federal Communications Commission (FCC), but no lighting shall be incorporated if not required by either agency.

5.

All amateur radio towers shall comply with any additional requirements established in the Airport Overlay District in Section 30-72 and the Emergency Communications Overlay District in Section 30-73.

(B) In all Agricultural zoning districts the following additional standards shall apply:

1.

The maximum height permitted by right for an amateur radio tower shall be one hundred (100) feet. Any tower which exceeds this height may be permitted only after obtaining a special use permit in accordance with Section 30-19 of this ordinance and the additional criteria established under (D) for such permits below.

(C) In all residential, commercial and industrial zoning districts where amateur radio towers are permitted the following additional standards shall apply:

1.

The maximum height permitted by right for an amateur radio tower shall be seventy-five (75) feet. Any tower which exceeds this height may be permitted only after obtaining a special use permit in accordance with Section 30-19 of this ordinance and the additional criteria established under (D) for such permits below.

(D) Where a special use permit is required by this ordinance, the following criteria shall be considered:

1.

Any tower proposed within two (2) miles from any general or commercial airport, or located at ground elevation at or above two thousand (2,000) feet, average mean sea level, shall be referred to the operator/manager of the airport for review and comment prior to taking action on the special use permit application. Comments shall also be submitted from the Federal Aviation Administration (FAA) where FAA approval is otherwise required by law.

2.

In accordance with the FCC's Memorandum Opinion and Order in PRB-1 also known as "Amateur Radio Preemption," 101 FCC2d 952 (1985), local regulation of amateur radio towers shall consider the following:

a.

The FCC, in regulating and licensing amateur radio stations and operators, is operating under basic federal objectives which preempt certain local regulations which preclude amateur communications;

b.

Restrictions on the placement, screening, or height of towers based on health, safety or aesthetic considerations must reasonably accommodate amateur communications.

c.

Restrictions must represent the minimum practicable regulation to accomplish the purpose of the district in which the tower is proposed, as well as the purpose of this ordinance as contained in Section 30-3.

3.

The specific height of the amateur radio tower shall be established as a condition of the special use permit.

(Ord. No. 82493-8, § 3, 8-24-93; Ord. No. 042799-11, § 2, 4-27-99)

(A) General standards:

1.

Written approval shall be obtained from the State Department of Aviation, and when located within five (5) miles of any commercial airport, written approval from the Federal Aviation Administration.

2.

No flight strip or heliport shall be located within five hundred (500) feet of any adjoining residential structure, other than residences planned in conjunction with the private aviation facility.

3.

Buildings and structures, such as hangars and maintenance sheds, shall be considered accessory uses to the private airport, but shall otherwise comply with all requirements for a principal building or structure.

4.

Nighttime use and operation of a private airport shall be prohibited unless specifically approved as part of the special use permit.

(A) General standards.

1.

The maximum height of any proposed broadcasting tower and associated antenna shall be made as a condition of the special use permit, but in no case shall any broadcasting tower and antenna exceed one hundred ninety-nine (199) feet in height. Applicants shall request the lowest broadcasting tower and antenna height necessary to accomplish their specific communication objectives.

2.

The setback for any proposed broadcasting tower shall, at a minimum, conform to the requirements for principal structures for the proposed zoning district. However, in no case shall the minimum setback from the base of the broadcasting tower to any residential structure on an adjoining lot be less than forty (40) percent of the height of the tower, measured from the closest structural member of the broadcasting tower (excluding guy lines). Guy lines shall be exempt from the minimum setback requirements in side and rear yards for the respective zoning district, but shall comply with the setback requirements for the front yard.

3.

The minimum setback from any property line abutting a road right-of-way for any other building or structure associated with a broadcasting tower shall be fifty (50) feet. Such buildings or structures shall be located a minimum of twenty-five (25) feet from any other property line.

4.

More than one (1) broadcasting tower shall be permitted on a lot provided all applicable requirements have been met including setback requirements.

5.

Broadcasting towers shall not be illuminated with any type of lighting apparatus, unless such lighting is a requirement of the FAA or FCC. When lighting is proposed to conform to federal requirement, the county shall contact the federal agency to verify the necessity of lighting, and to determine the minimal amount and type of lighting necessary to comply with federal guidelines. Security lighting, or a "down lighting" design may be installed on buildings and structures associated with a broadcasting tower. In no case shall any lighting violate section 30-94 of this ordinance.

6.

Any proposed broadcasting tower within two (2) miles from any general or commercial airport or located at a ground elevation at or above two thousand (2,000) feet, average mean sea level, shall be referred to the appropriate regional office of the FAA for review and comment prior to filing an application for a special use permit.

7.

All broadcasting towers shall comply with any additional requirements established in the airport overlay district in section 30-72 of this ordinance, and the emergency communications overlay district in section 30-73.

8.

Any broadcasting tower approved shall be structurally designed to carry sufficient loading including any additional equipment necessary from other vendors/providers who collocate on the broadcasting tower.

9.

A monopole broadcasting tower design is recommended. The board may approve an alternative broadcasting tower design if it finds that an alternative type of structure has less of a visual impact on the surrounding community and Roanoke County, and/or based upon accepted technical and engineering data a monopole design is not technically feasible. Cost shall not be a criteria for determining broadcasting tower design.

10.

By applying and being granted the special use permit, the applicant and the owner of the land agree to dismantle and remove the broadcasting tower and associated facilities from the site within ninety (90) days of the broadcasting tower no longer being used for wireless communications. Dismantling and removal from the site shall only be required after notice by the county. A bond or similar performance guarantee may be required as part of the special use permit approval. Said guarantee will be in an amount sufficient to ensure removal of the tower and all associated facilities and the reclamation of the property and road, access and utility corridors to a condition that existed prior to tower construction.

11.

All broadcasting tower structures and associated hardware, antennas, and facilities shall be a flat matted finish so as to reduce visibility and light reflection unless otherwise required by the FCC or FAA.

12.

No business signs shall be allowed on the property identifying the name of, or services offered by, any business associated with the broadcasting tower.

13.

Antennas may be installed on any existing structure within the county, without the necessity of obtaining a special use permit, provided said antenna does not meet the definition of a broadcasting tower, does not increase the height of the existing structure more than ten (10) feet, and does not result in the structure and antenna exceeding the maximum structure height for that zoning district.

14.

Any temporary broadcasting tower erected for the purpose of system design or testing provided the temporary broadcasting tower is erected for a period not to exceed twenty-one (21) days shall be permitted. In addition, in declared local emergency situations, the county administrator shall be authorized to allow the temporary installation of a broadcasting tower for the duration of the local emergency. A zoning permit pursuant to section 30-9 of this ordinance shall be applied for and approved prior to erecting any temporary or emergency tower.

(B) Application requirements.

1.

All potential applicants for broadcasting towers shall consult with county planning staff prior to submitting an application for a proposed broadcasting tower. During this consultation the applicant shall present information to the staff on system objectives, proposed coverage areas, and alternative sites considered and rejected. The staff shall provide the potential applicant information on Roanoke County policies and standards for broadcasting towers, and shall discuss with the applicant possible alternatives to broadcasting tower construction.

2.

In addition to the application requirements contained in section 30-19-2 of this ordinance, all applicants for broadcasting towers shall provide the following at the time of application:

a.

The location of all other proposed broadcasting tower sites considered and rejected, and the specific technical, legal or other reasons for the rejection.

b.

The location of all other possible collocation sites considered and rejected, and the specific technical, legal or other reasons for the rejection.

c.

Accurate, to scale, photographic simulations showing the relationship of the proposed broadcasting tower and associated antenna to the surroundings. Photographic simulations shall also be prepared showing the relationship of any new or modified road, access or utility corridors constructed or modified to serve the proposed broadcasting tower site. The number of simulations and the perspectives from which they are prepared, shall be established with the staff at the consultation required in subsection B.1. above.

d.

Information on how the proposed site relates to the applicants existing communication system, including number of other sites within the Roanoke Valley, and the location of the antenna at each site.

e.

All broadcasting tower applicants shall be required, at their expense to conduct an on-site "balloon" or comparable test prior to the planning commission hearing on the special use permit. The purpose of this test shall be to demonstrate the potential visual impact of the proposed tower. The dates and periods of these tests shall be established with the applicant at the pre-application consultation.

f.

Written verification that all required submittals to the FAA as required by subsection 30-87-2(A)6 of this ordinance have been submitted.

3.

The applicant shall be responsible for all fees associated with the filing of the application including the reasonable cost of any independent analysis deemed necessary by the county to verify the need for the new broadcasting tower.

(C)

General review policies.

All special use permit requests for new broadcasting towers, including the replacement or modification of existing broadcasting towers shall be reviewed by the staff, planning commission and board of supervisors on the basis of the following criteria:

1.

The extent to which the broadcasting tower proposal conforms to the general special use permit criteria in section 30-19 of this ordinance, and the application requirements and general standards for broadcasting towers found in these provisions.

2.

The demonstrated willingness of the applicant to evaluate collocation opportunities within the proposed communication service area, and the demonstrated history of the applicant choosing collocation sites within the Roanoke Valley.

3.

The base and top elevation of the proposed broadcasting tower relative to surrounding natural land forms. Notwithstanding any other provision of this section, broadcasting tower locations below surrounding ridge lines are preferred.

4.

Broadcasting tower locations already served by existing roads and utilities are preferred due to the potential detrimental environmental and visual impacts resulting from the construction of new road and utility corridors.

5.

Within the needed service area, the availability of other existing structures that are, based upon independent analysis, of suitable height, design, and location for the needed antenna.

6.

The visibility of the broadcasting tower from the surrounding community and neighborhood compatibility of the tower as determined by the submitted computer simulations and balloon or comparable test.

7.

The degree to which the proposed tower location, site design and facilities including fencing, buildings and other ground mounted equipment and new or modified road, access or utility corridors are located, designed and constructed to be compatible with the neighborhood.

(Ord. No. 82493-8, § 4, 8-24-93; Ord. No. 102798-12, § 1, 10-27-98; Ord. No. 072225-9, § 1, 7-22-25)

(A)

General standards.

1.

As part of the application for a special use permit the petitioner shall submit information indicating the individuals and/or parties sponsoring the event, the nature of the gathering, the events, displays and/or entertainment scheduled, the number of tickets to be sold, an estimate of the total number of people expected to attend, and the dates for which the permit is requested.

2.

In addition, a detailed plan shall be submitted of all facilities to be provided in accordance with the following guidelines:

a.

Adequate provisions for sanitation facilities, garbage and trash collection and disposal, and facilities for providing food, water and lodging for persons at the gathering shall be provided.

b.

The sponsors shall provide for adequate medical facilities, fire protection and security of the site.

c.

Adequate on-site parking shall be provided for all employees and patrons of the gathering. The parking layout shall be determined in advance of the festival, adequately marked on the site and shall be supervised during the festival in such a manner as to provide safe and convenient access to all patrons and employees, and to accommodate emergency service vehicles.

d.

Adequate off-site circulation and traffic controls to provide safe ingress and egress to the gathering without burdening the existing road network or substantially disrupting the normal flow of traffic.

e.

Any lighting installed for the gathering shall be directed away from adjoining properties and public rights-of-way, and shall not exceed one-half (0.5) foot candle measured at the property boundary of the site.

f.

The level of any music and other noise created by the gathering shall be directed away from any adjoining residence and may be specifically limited by the board of supervisors.

(Ord. No. 052411-9, § 1, 5-24-11)

(A)

General standards.

1.

Surface parking facilities containing twenty-five (25) or more spaces shall include landscaped medians, peninsulas or planter islands. Such landscaped areas shall constitute no less than ten (10) percent of the total paved area. They shall be planned, designed and located to channel traffic flow, facilitate stormwater management, and define and separate parking areas and aisles. Each landscaped area shall be planted with a deciduous tree with a minimum caliper of one (1) inch at the time of planting in accordance with Section 30-92.

2.

Structured parking facilities shall comply with section 30-91-4.5, parking structures.

(Ord. No. 052411-9, § 1, 5-24-11)

(A) General standards.

1.

The site or area used as a shooting range or match shall be fenced, posted every fifty (50) feet or otherwise restricted so that access to the site is controlled to insure the safety of patrons, spectators and the public at large.

2.

The Police Chief of Roanoke County shall review and approve the design and layout of any shooting range or match as to its safety to patrons of the range as well as surrounding property owners. As a general guide line, the following distances shall be maintained unless modified in writing by the county police chief:

a.

The minimum distance from any firing point measured in the direction of fire to the nearest property line shall not be less than three hundred (300) feet;

b.

Where a backstop is utilized to absorb the discharged load, the minimum distance may be two hundred (200) feet; and,

c.

No firing point shall be located within one hundred (100) feet of an adjoining property line.

(A)

Purpose and Intent. The purpose of this section is to regulate the placement, construction, and modification of small wind energy systems while promoting the safe, effective and efficient use of small wind energy systems and not unreasonably interfering with the development of independent renewable energy sources. The requirements set forth in this section shall govern the sitting of small wind energy systems used to generate electricity or perform work which may be connected to the utility grid pursuant to Virginia's net metering laws or serve as an independent source of energy.

(B)

General Standards:

1.

Type of Tower: The tower component of any small wind energy system shall be one that is recommended and certified by the manufacturer.

2.

Tower Color: Small wind energy system towers shall maintain a galvanized steel finish, unless Federal Aviation Administration (FAA) standards require otherwise. The zoning administrator may allow a property owner, who is attempting to conform the tower to the surrounding environment and architecture, to paint the tower to reduce its visual obtrusiveness. A photo simulation may be required by the zoning administrator.

3.

System Height:

(a)

System height is defined as the vertical distance measured from average grade at the base of the tower or other supporting structure, whether mounted on the ground or on a rooftop, to the highest point of the turbine rotor or tip of the turbine blade when extended to its highest elevation.

(b)

A small wind energy system may exceed the height limitations listed in this section if a special use permit has been obtained by the property owner.

(c)

The applicant shall provide evidence that the proposed height of the small wind energy system does not exceed the height recommended by the manufacturer or distributor of the system.

4.

Setbacks: The small wind energy system shall be set back a distance at least equal to one hundred ten (110) percent of the height of the wind energy system from all property lines, and roadways. The setbacks for a small wind energy system may be reduced if a special use permit has been obtained by the property owner. Setbacks established in this section or through a special use permit shall supersede any other setback requirement in the zoning ordinance.

5.

Ground Clearance/Safety: The minimum distance between the ground and any protruding blades utilized on a small wind energy system shall be twenty (20) feet, as measured at the lowest point of the arc of the blades. The lowest point of the arc of the blade shall also be twenty (20) feet above the height of any structure within one hundred fifty (150) feet of the base. The supporting tower shall also be enclosed with a six-foot tall fence or the base of the tower shall not be climbable for a distance of twelve (12) feet.

6.

Number of Towers: More than one (1) tower may be permitted on an individual piece of property provided that all setback requirements have been met.

7.

Noise: The wind energy system shall not exceed sixty (60) decibels (dBA), as measured at the closest property line, except during short-term events such as severe windstorms.

8.

Lighting: No lighting shall be incorporated on the tower or wind turbine unless required by the Federal Aviation Administration (FAA) or other appropriate authority.

9.

Advertising: Signs, writing, pictures, flags, streamers, or other decorative items that may be construed as advertising are prohibited on wind energy systems, except as follows:

(a)

Manufacturer's or installer's identification on the wind turbine, and

(b)

Appropriate warning signs and placards.

10.

Speed Controls: A small wind energy system shall be equipped with manual (electronic or mechanical) and automatic overspeed controls to limit the blade rotation speed to within the design limits of the small wind energy system.

11.

Electric Utility Notification: The applicant shall provide evidence that the provider of electric utility service to the site has been informed of the applicant's intent to install an interconnected customer-owned electricity generator, unless the applicant intends, and so states on the application, that the system will not be connected to the electricity grid.

12.

Use: A small wind energy system shall be considered an accessory use. The applicant shall provide information demonstrating that the small wind energy system will be used primarily to reduce on-site consumption of electricity.

13.

Wind Monitoring or Temporary Meteorological Towers: Small wind energy systems shall comply with the following:

(a)

A wind monitoring meteorological tower with an anemometer and other wind measuring devices may be installed with the issuance of a zoning permit for the purpose of monitoring wind and other environmental conditions relevant to sitting wind energy systems and used to determine how much wind power a site can be expected to generate. The zoning permit shall be valid for a period of one (1) year.

(b)

No wind monitoring meteorological tower for small wind energy systems may rise more than the allowable height of the proposed small wind energy system and shall meet the setback requirements in section 30-87-6(B)4 of this ordinance.

14.

Removal of Defective or Abandoned Small Wind Energy Systems:

(a)

Each year following the issuance of a zoning permit for a small wind energy system, the owner of such small wind energy system shall submit to the Zoning Administrator an affidavit that verifies continued operation of the wind turbine use and compliance with all requirements of this ordinance and other applicable regulations. Failure to submit required documentation shall result in the Zoning Administrator considering the small wind energy system abandoned. The owner of the small wind energy system shall remove the small wind energy system within ninety (90) days of receipt of notice from the County instructing the owner to remove the abandoned small wind energy system.

(b)

Any small wind energy system and micro wind energy system found to be unsafe or inoperable by the building official shall be repaired by the owner to meet federal, state and local safety standards or removed within ninety (90) days.

15.

Compliance with Other Regulations: Small wind energy systems shall comply with all applicable local, state and federal regulations.

(Ord. No. 030811-1, § 1, 3-8-11)

(A)

Purpose and Intent: The purpose of this ordinance is to provide regulations for the placement, design, construction, monitoring, operation, modification, and removal of large wind energy systems and utility wind energy systems, while addressing public safety, minimizing impacts on scenic, natural and historic resources of the county and not unreasonably interfering with the development of independent renewable energy sources.

(B)

General Standards:

1.

Type of Tower: The tower component of any large wind energy system or utility wind energy system shall be one of monopole design that is recommended and certified by the manufacturer.

2.

Tower Color: Any large wind energy system tower or utility wind energy system tower shall maintain a white or galvanized steel finish, unless Federal Aviation Administration (FAA) standards require otherwise. The board of supervisors may allow a property owner, who is attempting to conform the tower to the surrounding environment and architecture, to paint the tower to reduce its visual obtrusiveness.

3.

Setbacks: Large wind energy systems and utility wind energy systems shall be set back a distance of four hundred fifty (450) feet or one hundred ten (110) percent of the height of the wind energy system from all adjoining non-participating property lines, whichever is greater, and systems shall be set back a distance of one thousand (1,000) feet from existing dwelling units on non-participating properties, whichever is greater. The board of supervisors may modify the required setbacks from property lines and existing dwelling units as appropriate based on site specific considerations during the special use permit process. Setbacks shall be measured from the base of the tower of the wind energy system.

4.

System Height and Separation: The maximum height of a large wind energy system or utility wind energy system, and the minimum distance required between these systems' towers shall be established during the special use permit process by the board of supervisors. System height is defined as the vertical distance measured from average grade at the base of the tower to the highest point of the turbine rotor or tip of the turbine blade when extended to its highest elevation. The system height established through a special use permit shall supersede any other height requirement in the zoning ordinance.

5.

Noise: Large wind energy systems and utility wind energy systems shall not exceed sixty (60) decibels (dB(A)), as measured from the closest non-participating property line. Based upon site specific considerations, the board of supervisors may modify the decibel level during the special use permit process. An analysis, prepared by an acoustical engineer with a professional engineering license in the commonwealth, shall be provided to demonstrate compliance with this noise standard.

6.

Shadowing/Flicker: Large wind energy systems and utility wind energy systems shall be sited in a manner that minimizes shadowing and flicker impacts. The applicant has the burden of proving that this effect does not have significant adverse impacts on neighboring or adjacent uses through the appropriate siting of the facility or through mitigation.

7.

Lighting: Large wind energy systems and utility wind energy systems shall not be artificially lighted unless required by the Federal Aviation Administration (FAA) or an appropriate authority.

8.

Communication Interference: Large wind energy systems and utility wind energy systems shall be sited in a manner that causes no disruption or loss of radio, telephone, television or similar signals or service. If loss or disruption occurs due to the operation of the large wind energy system or utility wind energy system, the applicant shall be required to provide appropriate mitigation measures to ensure that the signal or service is restored within twenty-four (24) hours.

9.

Airports: No large wind energy systems and utility wind energy systems shall be constructed unless the applicant has i.) first completed and submitted a Federal Aviation Administration (FAA) Form 7460-1 to the FAA for the preparation of an aeronautical study and determination of there being no hazard to air navigation prior to filing an application for a special use permit; and ii.) has provided a copy of the completed FAA Form 7460-1, including all attachments and the FAA's case study number, to the executive director of the Roanoke Regional Airport Commission at least thirty (30) days prior to filing an application for a special use permit.

10.

Zoning Overlay Districts: Large wind energy systems and utility wind energy systems shall comply with any additional requirements established in the airport overlay district in section 30-72 of this ordinance, and the emergency communications overlay district in section 30-73.

11.

Advertising: Signs, writing, pictures, flags, streamers, or other decorative items that may be construed as advertising are prohibited on wind energy systems, except as follows:

(a)

Manufacturer's or installer's identification on the wind turbine; and

(b)

Appropriate warning signs and placards.

12.

Speed Controls: Large wind energy systems and utility wind energy systems shall be equipped with manual (electronic or mechanical) and automatic over speed controls to limit the blade rotation speed to within the design limits of the wind energy system.

13.

Land Clearing, Soil Erosion and Habitat Impacts: Clearing of natural vegetation shall be limited to that which is necessary for the construction, operation and maintenance of the wind facility. Adherence to erosion and sediment control regulations is required. The restoration of natural vegetation in areas denuded for construction activities shall be required so long as the restored vegetation does not interfere with the operation of the wind energy system or the maintenance thereof.

14.

Monitoring and Maintenance: The applicant shall maintain large wind energy systems and utility wind energy systems in good condition. Such maintenance shall include, but not be limited to, painting, structural integrity of the foundation and support structure and security barrier (if applicable), and maintenance of the buffer areas and landscaping if present. Site access shall be maintained to a level acceptable to the zoning administrator in accordance with the county's fire access code. The project owner shall be responsible for the cost of maintaining the large wind energy system and the utility wind energy system and access roads, unless accepted as a public way, and the cost of repairing and damage occurring as a result of operation and construction.

15.

Removal of Defective or Abandoned Large Wind Energy Systems or Utility Wind Energy Systems:

(a)

At such time that a large wind energy system or utility wind energy system is known to be abandoned or discontinued, the owner shall notify the zoning administrator within ten (10) days of such knowledge by certified mail of the proposed date of abandonment or discontinuance of operations.

(b)

Within one hundred eighty (180) days of the known date of abandonment or discontinuation, the owner shall physically remove the large wind energy system or utility wind energy system. This period may be extended at the request of the owner and at the discretion of the county. Physically remove shall include but not be limited to:

i.

Removal of the wind turbine and tower, all machinery, equipment, equipment shelters, security barriers, underground wiring and all appurtenant structures from the subject property;

ii.

Proper disposal of all solid and hazardous materials and wastes from the site in accordance with local and state solid waste disposal regulations;

iii.

Restoration of the location of the large wind energy system or utility wind energy system to its natural preexisting condition, except that any landscaping or grading may remain in the after-condition if a written request is submitted by the owner of the system to the county.

iv.

Foundations shall be removed to a depth of three (3) feet below ground level and covered to an equivalent depth with fill material. At the time of removal, the site shall be restored to its preexisting condition. If a written request is submitted by the owner of the system to the county then this requirement may be waived or altered for any other legally authorized use. Restoration shall be verified by the county.

(c)

If the large wind energy system or utility wind energy system, or any part thereof, is inoperable for more than ninety (90) days and the owner fails to give such notice to the county, then the large wind energy system or utility wind energy system shall be considered abandoned or discontinued. If the owner provides the county with proof that repair parts have been ordered or maintenance has been scheduled, then the county has the option to extend the time period for determining that the system has been abandoned or discontinued. The county shall determine in its decision what proportion of the large wind energy system or utility wind energy system is inoperable for the wind energy system to be considered abandoned. The enforcement of any decision of abandonment or inoperability shall follow the procedures established in section 30-21 of this Code.

(d)

Decommissioning:

i.

If an applicant fails to remove a large wind energy system or utility wind energy system in accordance with this section of the ordinance, the county shall have the authority to enter the subject property and physically remove the facility. The county shall require the applicant, and/or subsequent owners of the property or large wind energy system or utility wind energy system, to provide a form of surety mutually agreeable to the applicant and the county to cover costs of the removal in the event the county must remove the facility.

ii.

Prior to obtaining a certificate of occupancy and zoning compliance from the county and on every fifth anniversary of the commencement of the commercial operation of the project, the applicant shall provide to the county an estimate of the projected cost of removing the turbines and other equipment from the site as determined by an independent engineer mutually agreeable to the applicant and county ("gross decommissioning cost").

iii.

Based on this determination, the applicant shall post and maintain decommissioning funds in an amount equal to the gross cost of decommissioning. If the county is responsible for decommissioning then the county shall retain any salvage value.

iv.

Decommissioning funds may be in the form of a performance bond, surety bond, letter of credit, corporate guarantee or other form of financial assurance as may be mutually acceptable to the applicant and the county.

16.

Compliance with Other Regulations: Large wind energy systems and utility wind energy systems shall comply with all applicable local, state and federal regulations.

17.

Application Requirements:

(a)

All potential applicants for a large wind energy system or utility wind energy system shall consult with county staff at least thirty (30) days prior to submitting an application. During this consultation, the applicant shall present information to the county staff regarding the proposed project, its objectives and its potential site and viewshed impacts including potential direct and indirect impacts to a national or state forest, national or state park unit, wildlife management area, or known historic or cultural resource site within five (5) miles of the proposed project. The staff shall provide the potential applicant with information on county policies and standards for large wind energy systems and utility wind energy systems.

(b)

In addition to the application requirements contained in section 30-19-2 of this ordinance, all applications for a large wind energy system or utility wind energy system shall provide the following at the time of the application:

i.

A detailed concept plan with project location maps that show the location and clearing limits of all components of the large wind energy system or utility wind energy system. Project components include, but are not limited to: roads, power lines and other project infrastructure; collector, distribution and transmission lines; temporary or permanent storage lay down areas; substations; and any structures associated with the project.

ii.

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

iii.

Accurate, to scale, photographic simulations showing the relationship of the large wind energy system or utility wind energy system and its associated facilities and development (i.e. substation, appurtenances, disturbed areas, etc.) to its surroundings. The photographic simulations shall show such views of wind energy structures from locations such as property lines and roadways, as deemed necessary by the county in order to assess the visual impact of the large wind energy system or utility wind energy system. The total number of simulations and the perspectives from which they are prepared shall be established by the county staff at the pre-submission consultation required in section 17(a) above. County staff will work with all national or state forest, national park or state park unit, wildlife management area, or known historic or cultural resource site within five (5) miles of the proposed project to establish which possible observation points and visual simulations will be necessary to represent the most sensitive views from which the project will be visible.

iv.

Sound study providing an assessment of pre-construction and post-construction conditions. Additionally, the applicant shall provide documentation regarding noise complaint response procedures and protocol for post-construction monitoring.

v.

A phasing schedule for the construction of the large wind energy system or utility wind energy system, including staging areas, off-site storage facilities and transportation routes.

vi.

Written verification that all required submittals to the Federal Aviation Administration (FAA) have been submitted, including a copy of the completed FAA Form 7460-1 and all attachments. A copy of the FAA's written determination of whether the proposed large wind energy system or utility wind energy system would create a hazard to air navigation shall be submitted.

vii.

A summary of the wind data gathered for the proposed large wind energy system or utility wind energy system. The dates and periods of the collection of the wind data shall also be submitted. The applicant shall provide access to the wind data for county staff or its consultant(s), as needed.

viii.

The county shall provide written notification to the office of a national or state forest, national or state park unit, wildlife management area, or known historic or cultural resource site, if a proposed wind energy system is within five (5) miles of the boundary of said entity.

ix.

Information (including modeling) regarding the impacts from shadowing and shadow flicker for the proposed large wind energy system or utility wind energy system during different times of the year (seasonal) and different times of the day.

x.

Additional information as deemed necessary by county staff.

(c)

The applicant shall be responsible for all fees associated with the filing of the application including the cost of any independent analysis deemed necessary by the county to verify the information submitted for the large wind energy system or utility wind energy system.

(d)

The applicant shall conduct public information meeting(s) to discuss its development plans and obtain community feedback.

(e)

The applicant shall provide the county with a property value protection plan.

(Ord. No. 091311-7, § 1, 9-13-11)

(A)

Intent. The intent of these regulations for wireless communication facilities is:

1.

To encourage and promote the colocation of antennas on existing public and private structures within the county.

2.

To encourage the location of wireless communication facilities in non-residential areas and minimize the total number of towers and tower sites throughout the county.

3.

To strongly encourage the joint use of new and existing wireless communication facilities, and use of the existing utility transmission rights-of-way.

4.

To encourage wireless communication facilities to locate in areas where the adverse impact on the surrounding community is minimal.

5.

To encourage users of wireless communication facilities to locate, design, and configure them in a way that minimizes their adverse visual impact, and makes them compatible with surrounding land uses, to the extent possible.

6.

To strongly encourage the use of monopoles and camouflage/stealth techniques for towers located in or near residential areas.

7.

To expand and improve high-speed broadband access and cell phone service availability in unserved and underserved areas; and to explore public-private partnerships to implement Roanoke County's Rural Broadband Initiative to bring high-speed internet to homes without broadband access.

(B)

Small cell facility.

1.

Permitted by right. A small cell facility installed by a wireless service provider on an existing structure or the installation or construction of a new structure not more than fifty (50) feet above ground level containing a small cell facility shall be permitted by right.

2.

Colocation. The wireless services provider or wireless infrastructure provider shall obtain permission from the owner of the existing structure to colocate the small cell facility on the existing structure and to colocate the associated transmission equipment on or proximate to the existing structure.

3.

Permit requests. A wireless services provider or wireless infrastructure provider may submit up to thirty-five (35) permit requests for small cell facilities on a single application.

4.

Review process. The review process and approval or disapproval of an application for small cell facilities shall be in accordance with section 15.2-2316.4 of the Code of Virginia.

5.

Other facilities. Facilities that do not meet the criteria to be deemed a small cell facility are subject to the regulations for wireless communication facility.

(C)

General standards for wireless communication facilities.

1.

Height. The maximum height of any proposed wireless communication facility and associated antenna shall be made as a condition of the special use permit, but in no case shall any wireless communication facility and antenna exceed one hundred ninety-nine (199) feet in height. Applicants shall request the lowest wireless communication facility and antenna height necessary to accomplish their specific communication objectives.

2.

Facility setbacks. The setback for any proposed wireless communication facility shall, at a minimum, conform to the requirements for principal structures for the proposed zoning district. However, in no case shall the minimum setback from the base of the wireless communication facility to any residential structure on an adjoining lot be less than forty (40) percent of the height of the tower, measured from the closest structural member of the wireless communication facility.

3.

Building/structure setbacks. The minimum setback from any property line abutting a road right-of-way for any other building or structure associated with a wireless communication facility shall be fifty (50) feet. Such buildings or structures shall be located at a minimum of twenty-five (25) feet from any other property line.

4.

Number of towers. More than one (1) wireless communication facility shall be permitted on a lot provided all applicable requirements have been met including setback requirements.

5.

Lighting. Wireless communication facilities shall not be illuminated with any type of lighting apparatus, unless such lighting is a requirement of the FAA or FCC. Security lighting, or a "down lighting" design may be installed on buildings and structures associated with a wireless communication facility. In no case shall any lighting violate section 30-94 of this ordinance.

6.

FAA review. Any proposed wireless communication facility within two (2) miles from any general or commercial airport or located at a ground elevation at or above two thousand (2,000) feet, average mean sea level, shall be referred to the appropriate regional office of the FAA for review and comment prior to filing an application for a special use permit.

7.

Zoning overlay districts. All wireless communication facilities shall comply with any additional requirements established in the airport overlay district in section 30-72 of this ordinance, and the emergency communications overlay district in section 30-73.

8.

Colocation. Any wireless communication facility approved shall be structurally designed to carry sufficient loading, and the facility approved shall be sized to accommodate any additional equipment necessary for other vendors/providers of communications services, if possible, to minimize the proliferation of new wireless communication facilities in the vicinity of the requested facility. The colocation of antennas and equipment on an existing wireless communication facility shall be permitted by right.

9.

Design. A monopole wireless communication facility design is recommended. The board may approve an alternative wireless communication facility design if it finds that an alternative type of structure has less visual impact on the surrounding community and Roanoke County, and/or based upon accepted technical and engineering data a monopole design is not technically feasible.

10.

Removal. By applying for and being granted a special use permit, the applicant and the owner of the land agree to dismantle and remove the wireless communication facility and associated facilities from the site within ninety (90) days of the wireless communication facility no longer being used for wireless communications. Dismantling and removal from the site shall only be required after notice by the county. A bond or similar performance guarantee may be required as part of the special use permit approval. Said guarantee will be in an amount sufficient to ensure removal of the wireless communication facility and all associated facilities and the reclamation of the property and road, access and utility corridors to a condition that existed prior to tower construction.

11.

Finish. A flat matte finish is recommended for wireless communication facilities and its associated hardware, antennas, and facilities so as to reduce visibility and light reflection unless otherwise required by the FCC or FAA.

12.

Signs. No business signs shall be allowed on the property identifying the name of, or services offered by, any business associated with the broadcasting tower.

(D)

Application requirements.

1.

All potential applicants for wireless communication facilities shall consult with county planning staff prior to submitting an application for a proposed wireless communication facility. During this consultation the applicant shall present information to the staff on system objectives, proposed coverage areas, and alternative sites considered and rejected. The staff shall provide the potential applicant with information on Roanoke County policies and standards for wireless communication facilities and shall discuss with the applicant possible alternatives to wireless communication facility construction.

2.

In addition to the application requirements contained in section 30-19-2 of this ordinance, all applicants for wireless communication facilities shall provide the following at the time of application:

a.

The location of all other proposed wireless communication facility sites considered and rejected, and the specific technical, legal or other reasons for the rejection.

b.

The location of all other possible colocation sites considered and rejected, and the specific technical, legal or other reasons for the rejection.

c.

Accurate, to scale, photographic simulations showing the relationship of the proposed wireless communication facility and associated antenna to the surroundings. Photographic simulations shall also be prepared showing the relationship of any new or modified road, access or utility corridors constructed or modified to serve the proposed wireless communication facility site. The number of simulations and the perspectives from which they are prepared shall be established with the staff at the pre-application meeting.

d.

Information on how the proposed site relates to the applicants' existing communication system, including number of other sites within the Roanoke Valley, and the location of the antenna at each site.

e.

All wireless communication facility applicants shall be required, at their expense, to conduct an on-site "balloon" or comparable test prior to the planning commission hearing on the special use permit. The purpose of this test shall be to demonstrate the potential visual impact of the proposed facility. The dates and periods of these tests shall be established with the applicant at the pre-application meeting.

f.

Written verification that all required submittals to the FAA of this ordinance have been submitted.

3.

The applicant shall be responsible for all fees associated with the filing of the application including the reasonable cost of any independent analysis deemed necessary by the county to verify the need for the new broadcasting tower.

(Ord. No. 072225-9, § 1, 7-22-25)

(A)

As defined in section 30-28, accessory uses and structures may be commonly found and associated with principal use types. Principal uses which are allowed by right or by special use may include accessory uses and activities, provided such accessory uses and activities are appropriate and incidental to the principal use, and provided they are designed and located in accord with the intent and provisions of this ordinance.

(Ord. No. 042208-16, § 1, 4-22-08; Ord. No. 030811-1, § 1, 3-8-11)

(A) Agricultural use types may include the following accessory uses, activities or structures on the same site or lot:

1.

Parking associated with a principal use.

2.

The storage of agricultural equipment, products, or materials associated with the principal use.

3.

Temporary sawmills in accord with applicable use and design standards.

4.

Other uses and activities necessarily and customarily associated with purpose and function of agricultural use types, as determined by the administrator.

5.

Micro wind energy systems that project no more than fifteen (15) feet above the highest point on the structure and complies with the height requirement of the zoning district.

(Ord. No. 030811-1, § 1, 3-8-11)

(A)

Residential use types may include the following accessory uses, activities or structures on the same site or lot:

1.

Private garages and parking for the principal use.

2.

Recreational activities and uses used by residents, including structures necessary for such uses.

3.

Playhouses, gazebos, incidental household storage buildings, swimming pools, and other similar accessory structures.

4.

Garage or yard sales provided that such sales occur no more than two (2) days in a two-month period.

5.

Other uses and activities necessarily and customarily associated with purpose and function of residential use types, as determined by the administrator.

6.

Construction office or trailer associated with active construction on a site. A construction office or trailer shall be removed from an active construction site within 30 days of issuance of the final certificate of occupancy for the project.

7.

Sales trailer associated with active construction on a site. A sales trailer shall be removed from an active site within thirty (30) days of issuance of the final certificate of occupancy for the permanent sales office for the project.

8.

Micro wind energy systems that project no more than fifteen (15) feet above the highest point on the structure and complies with the height requirement of the zoning district.

9.

Temporary family health care structures in accordance with section 15.2-2292.1 of the Code of Virginia, as amended.

10.

Residential chicken keeping including coops and chicken enclosures provided that:

(a)

Coops and chicken enclosures shall be setback at least ten (10) feet from side and rear property lines and at least thirty-five (35) feet from any residential dwelling on an adjacent lot. Coops and chicken enclosures shall also be located behind the front building line of the principal structure.

(b)

Coops shall provide at least two (2) square feet of interior space per chicken and chicken enclosures shall provide at least ten (10) square feet of exterior space per chicken with a maximum total area of two hundred fifty (250) square feet for both the coop and chicken enclosure. Neither the coop nor chicken enclosure shall exceed ten (10) feet in height.

(c)

A zoning permit has been obtained by the owner of the chickens.

11.

Temporary portable storage containers provide that they meet the following standards:

(a)

Temporary portable storage containers shall only be permitted on lots with a principal building or structure.

(b)

Temporary portable storage containers shall not be used in conjunction with a Type I or Type II home occupation or used as a principal use or principal building or structure.

(c)

All temporary portable storage containers may display the container provider's contact information. Signs shall not contain any other advertising for any other product or services.

(d)

Temporary portable storage containers shall not be inhabited.

(e)

Temporary portable storage containers should be located on a property in accordance with section 30-100-8, and shall not obstruct vehicular or pedestrian traffic, or be located within any required landscaped area.

(f)

Due to the temporary nature of temporary portable storage containers, location in a driveway or yard may be acceptable.

(g)

Temporary portable storage containers cannot be located in the floodway or floodplain overlay district without meeting the standards in section 30-74, as amended.

(h)

Temporary portable storage containers shall be permitted on a lot for a period not to exceed thirty (30) consecutive days within a six-month period. For extensive construction projects a written extension may be granted by the zoning administrator.

(i)

Maximum cumulative size of temporary portable storage containers on a property shall not exceed one hundred thirty (130) square feet.

(j)

There is a limit of one (1) portable temporary storage container per lot.

(k)

A zoning permit shall be required to be obtained prior to the placement of a temporary portable storage container by the department of development services with sufficient information, as determined by the zoning administrator, to determine compliance with all applicable regulations such as:

i.

Size of container;

ii.

Location;

iii.

Delivery date;

iv.

Removal date;

v.

Purpose of container;

vi.

Container provider contact information.

(Ord. No. 42694-12, § 21, 4-26-94; 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. 082812-7, § 1, 8-28-12; 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. 072225-9, § 1, 7-22-25)

(A) Civic use types may include the following accessory uses, activities or structures on the same site or lot:

1.

Parking for the principal use.

2.

Accessory dwellings commonly associated with or necessitated by the location and operation of the principal use.

3.

Food services operated incidental to the principal use and operated primarily for the convenience of employees, residents or users of the principal use. Typical examples include cafeterias, and dining halls.

4.

Convenience commercial facilities clearly incidental to the principal use and operated primarily for the convenience of employees, residents, and users of the principal use. Typical examples include museum gift shops, college bookstores, or snack bars clearly incidental to the principal use.

5.

Other uses and activities necessarily and customarily associated with purpose and function of civic use types, as determined by the administrator.

6.

Construction office or trailer associated with active construction on a site. A construction office or trailer shall be removed from an active construction site within 30 days of issuance of the final certificate of occupancy for the project.

7.

Micro wind energy systems that project no more than fifteen (15) feet above the highest point on the structure and complies with the height requirement of the zoning district.

(Ord. No. 42694-12, § 21, 4-26-94; Ord. No. 030811-1, § 1, 3-8-11)

(A)

Office use types may include the following accessory uses, activities or structures on the same site or lot:

1.

Parking for the principal use.

2.

Recreational facilities available only to the employees of the office use type.

3.

Day care facilities available only to the employees of the office use type.

4.

Other uses and activities necessarily and customarily associated with purpose and function of office use types, as determined by the administrator.

5.

One accessory dwelling unit occupied by employees responsible for the security of the use.

6.

Construction office or trailer associated with active construction on a site. A construction office or trailer shall be removed from an active construction site within 30 days of issuance of the final certificate of occupancy for the project.

7.

Micro wind energy systems that project no more than fifteen (15) feet above the highest point on the structure and complies with the height requirement of the zoning district.

(Ord. No. 42694-12, § 21, 4-26-94; Ord. No. 030811-1, § 1, 3-8-11)

(A)

Commercial use types may include the following accessory uses, activities or structures on the same site or lot:

1.

Parking for the principal use.

2.

Accessory storage buildings or areas.

3.

One accessory dwelling unit occupied by employees responsible for the security of the use.

4.

Other uses and activities necessarily and customarily associated with purpose and function of commercial use types, as determined by the administrator.

5.

Construction office or trailer associated with active construction on a site. A construction office or trailer shall be removed from an active construction site within 30 days of issuance of the final certificate of occupancy for the project.

6.

Micro wind energy systems that project no more than fifteen (15) feet above the highest point on the structure and complies with the height requirement of the zoning district.

(Ord. No. 42694-12, § 21, 4-26-94; Ord. No. 030811-1, § 1, 3-8-11)

(A)

Industrial use types may include the following accessory uses, activities or structures on the same site or lot:

1.

Parking for the principal use.

2.

Recreational facilities available only to the employees of the industrial use type.

3.

Day care facilities available only to the employees of the industrial use type.

4.

Cafeterias and sandwich shops available only to the employees of the industrial use type.

5.

Incidental retail sale of goods associated with the industrial use type, provided the square footage does not exceed ten (10) percent of the gross floor area.

6.

One accessory dwelling unit occupied by employees responsible for the security of the use.

7.

Construction office or trailer associated with active construction on a site. A construction office or trailer shall be removed from an active construction site within thirty (30) days of issuance of the final certificate of occupancy for the project.

8.

Micro wind energy systems that project no more than fifteen (15) feet above the highest point on the structure and complies with the height requirement of the zoning district.

9.

Additional accessory uses not listed above in a building with a permitted principal use and occupying not more than twenty (20) percent total of the floor area of such building.

(Ord. No. 42694-12, § 21, 4-26-94; Ord. No. 030811-1, § 1, 3-8-11; Ord. No. 062723-3, § 1, 6-27-23)