HomeMy WebLinkAboutCouncil Actions 12-15-8628479
( Bowle~ )
REGULAR WEEKLY SESSION ...... ROANOKE CITY
December 15, 1986
2:00 p.m.
AGENDA FOR THE COUNCIL
COUNCIL
Call to Order -- Roll Call. Mr. Trou~t was abse~t.
The invocation will be delivered by the Reverend Harold S.
Moyer, Pastor, Williamson Road Church of the Brethren. Prese~ut.
The Pledge of Allegiance to the Flag of the United States
of America will be led by Mayor Noel C. Taylor.
Presentation to City Council. Ms. Lissy Runyon, Coordina-
tor of Community Affairs, Roanoke City Public Schools.
BID OPENINGS
A. Bids for replacement of the Wise Avenue pedestrian
bridge over .Tinker Creek· T/~tee 6ids mere refeyuted ~to a com~Lt~tee
compose~ of AI~SaS. God, and, Chairman, Kiser and Cl~k.
B. Bids for the Roanoke City - Salem interconnect
pump station. Fo~ bids w~e referred to a committee composed of
M~srs. Garland, Chairman, Kiser and Cl~k.
C. Bids for a Fire Suppression System, Halon 1301
Computer Room, Municipal North· Three bids were relied t~
a committee composed of Messrs. Garland, Chairman, Kia~ and Clark.
PUBLIC HEARINGS
Public hearing on a proposed comprehensive amendment
and revision of Chapter 36, Zoning, of the Code of the
City of Roanoke (1979), as amended. Cone~ed in recommenda~Lon
of Clty Plan~Ln9 CommiSSion.
CONSENT AGENDA APPROVED (6-0)
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED
TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE
MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DIS-
CUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL
BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY.
C-1
Minutes of the regular meeting of Council held on Monday,
November 24, 1986.
RECOMMENDED ACTION: Dispense with the reading thereof and
approve as recorded.
(1)
C-2
C-3
C-4
A communication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and com-
mittees appointed by Council, pursuant to Section 2.1-344 (a)
(1), Code of Virginia (1950), as amended.
RECOMMENDED ACTION:
Concur in request for Council to convene in
· Executive Session to discuss personnel mat-
ters relating to vacancies on various
authorities, boards, commissions and com-
mittees appointed by Council, pursuant to
Section 2.1-344 (a) (1), Code of Virginia
(1950), as amended.
A report of the City's representatives on the Roanoke
Valley Regional Solid Waste Management Board with regard to a
study of solid waste disposal options.
RECOMMENDED ACTION: Concur in report.
Qualification of Robert K. Bengtson as a member of the City
of Roanoke Transportation Safety Commission for a term of four
years ending October 31, 1990.
RECOMMENDED ACTION: Receive and file.
City Manamer repo~t requ~t~]nq an Execu~ive S~s_s_ion on a leq~ mouther.
City At~orne~_r~o~ reou~v_e S~on o~ a ma~ o~ m~
· ·
Hearing of Citizens Upon Public Matters:
Petitions and Communications:
Reports of Officers:
a. City Manager:
Briefings:
Request of Mr. H. Joel Kelly to address Council with
regard to the plight of the needy. RefeYuted to the C~6~y Mgr. to comtae~t
£oca~iti~ in the Roanoke Valley to inquire a~ to their i~er~t and feasibility
None of joi~y ~stablishing a program whereby
each citizen would be requested to donate
either one dollar or a can or bag of food
to help needy ~itize~. The City Manager
wa~ also requested to determine if the pro-
~ posal will be a duplication of any service
i~rese~tl~ 6ein~ provided.
1. A progress report with regard to enforcement of the
Zoning and other Ordinances. Received and f~ed.
Items Recommended for Action:
A report recommending consideration of petitions from
residents of Edison Street, Kennedy Street, Oaklawn
Avenue and any other request from the Williamson Road
area, along with other similar requests for sidewalk~
curb and gutter improvements throughout the City, as
funds become available· Concu~edin recommendation.
(2)
3. A report with regard to Section 125 of the Internal
Revenue Code· Adopted Ordinance No. 28480 (6-0) and Ordinance No.
28481 (6-0).
4. A report recommending approval of a gift of the house
located at 917 Shadeland Avenue, N. W., to the
Northwest Neighborhood Environmental Organization, upon
certain conditions. Adopted Ordinance Ho, 28482 (6-0) on first
reading.
City Attorney:
a. A report of the City Attorney relating to the
status of property acquisition for the Lick Run
Dry Basin. Adopted Ordinance No. 28483 (6-0).
b. A report of the City Manager with regard to Phase
II acquisition of property for the Lick Run Dry
Basin. Adopted Ordinance No. 28484 (6-0).
Reports
2. A report transmitting a proposed legislative program
for the 1987 session of the General Assembly. Rece~Lved and concuyuted
in d~aft of a program, and referred to a mee~ing of Couno~l and the City's
Director of Finance: Irepr~en~ves to the General A~sembly to be h~d on
T~u~sda~, Decemb~ 18, 1986,
1. A report on the financial condition of the City.
Rec~ved and fred.
of Committees:
a. A report of the Regional Cable Television Committee recom-
mending adoption of a regulation providing for commercial
use of the public access channel, upon certain terms and
conditions. Mr. Howard E. Musser, Chairman. Adopted Re/Jo£uxCion ~
No. 28485 (6-0).
Unfinished Business: None.
Introduction and Consideration of Ordinances and Resolutions:
Ordinance No. 28461, on second reading, rezoning a parcel
of land consisting of two lots at the corner of Shull Road
and Read Road, N. E., designated as Official Tax Nos.
3121710 and 3121711, from RD, Duplex Residential District,
to C-2, General Commercial District. Adopted Ordinance No. 28461 (6-0).
Ordinance No. 28462, on second reading, rezoning a tract of
land containing approximately 3.5 acres, located on Woodmar
Drive, S. W., designated as Official Tax No. 5090205, from
RS-l, Single Family Residential District and C-1, Office
and Institutional District, to RG-2, General Residential
District, subject to certain proffered conditions.
Adopted Ordinance No. 28462 (6-0).
Ordinance No. 28473, on second reading, authorizing ~xecu-
tion of an indenture between the City and Appalachian Power.
Company. Adopted O~di~tce ~o. 28475 (6.0).
(3)
10.
Ordinance No. 28474, on second reading, granting a revo-
cable license for a certain encroachment over and into
City-owned property adjacent to the licensee's property
located at 701 First Street, S. W., bearing Official Tax
Nos. 1020412, 1020413 and 1020414, upon certain terms and
conditions. Adopted Ordinance No. 28474 (6-0).
e. A Resolution commending the Salem Spartans football team
and their coach, Willis White~ for an outstanding season.
Adopted R~olution No. 28479 (6-0).
Motions and Miscellaneous Business:
Inquiries and/or comments by the Mayor and members of City
Council.
b. Vacancies on various authorities, boards, commissions and
committees appointed by Council.
Other Hearings of Citizens:
Reappoi~ted the fo~owing
Stanley R. Hale - Site Adv~ory Co~m~ttee of The Regiono~ Poy~tne~hip of
Roanoke Valley
Glynn D. Bo~anger )
Watt~ L. Whe~ton )
L. E~oood Norris )
T. E. RobeY~ts )
Richard A. Rife )
Board of Zo~ng Appe~2~
Adopted R~solution No. 28486 (6-0) suppo~ting the effort~ of Roanoke County
regarding Roanoke Riv~ Spring Hollow R~ervo~ Projeo~t.
(4)
December 17, 19~86
File #51
Mrs. Susan S. Goode
Chairman
City Planning Commission
Roanoke, Virginia
Dear Hrs. Goode:
At a regular meeting of the Council of the City of Roanoke on
Monday, December 15, 1986, a public hearing was held on a pro-
posed comprehensive amendment and revision of Chapter 36, Zoning,
of the Code of the City of Roanoke (1979), as amende~.
On motion, duly seconded and adopted, Council concurred in the
recommendation of the City Planning Commission to approve the
proposed zoning regulations.
Si ncerely,
Hary F. Parker, CMC
City Clerk
MFP:se
cc:
Mr. John P. Bradshaw, Jr., Chairman, Ordinance Review
Committee, P. O. Box 13446, Roanoke, Virginia 24034
Mr. W. Robert Herbert, City Manager
Mr. Earl B. Reynolds, Jr., Assistant City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. William M. Hackworth, Assistant City Attorney
Mr. Joel M. Schlanger, Director of Finance
Mrs. Martha p. Franklin, Secretary, City Planning Commission
Mrs. Evelyn S. Gunter, City Planner
Mr. John Merrithew, City Planner
Mr. Ted Tucker, City Planner
Mr. William F. Clark, Director of Public Works
Mr. Charles M. Huffine, City Engineer
Mr. Ronald H. Miller, Building Commissioner/Zoning
Administrator
P, oom 456 Municlpol Building 215 Church A~'~ue, S.W. Roor, oke, Virg~la 2401 t (703) 981-2541
COMMONWEALTH OF VIRGINIA )
) To-wit:
CITY OF ROANOKE )
I, Mary F. Parker, City Clerk, and as such City Clerk of the
Council of the City of Roanoke and keeper of the records thereof,
do hereby certify that a Public Hearing was held by the Roanoke
City Council at its regular meeting on Monday, December 15, 1986,
at 2:00 p.m., on a proposed comprehensive amendment and revision
of Chapter 36, Zoning, of the Code of the City of Roanoke (1979),
as amended.
I further certify that the attached report from the City
Planning Commission endorsing and recommending approval of the
proposed zoning regulations, was before the Council at its
meeting on Monday, December 15, 1986.
On motion, duly seconded and adopted, the members of City
Council concurred in the recommendation of the City Planning
Commission.
Given under my hand and seal of the City of Roanoke this
17th day of December, 1986.
City C1 erk
Roanoke City Planning Commission
A
December 15, 1986
The Honorable Noel C. Taylor, Mayor
and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Consideration of Proposed Zoning Regulations
I. Background:
Ordinance Review Committee made up of business, neighborhood,
and City administration representatives was formed to review
and revise the City's zoning regulations (a list of committee
members is attached).
Ordinance Review Committee recommended the proposed zoning
regulations to the Planning Commission for review on September
3, 1986.
Ce
Ordinance and Names Subcommittee of the Planning Commission
carried out a review of the regulations and recommended it to
the Planning Commission on October 1, 1986.
Planning Commission held public hearings on the matter on
October 15 and November 6, 1986. No residents appeared in
opposition to the proposed ordinance. Approximately 10
residents voiced their support for the regulations.
Staff has made presentations to various civic and business
groups and has distributed drafts of the ordinance to
organizations.
II. Issues:
A. Comprehensive Plan.
B. Land Use and Development.
C. Impact on City Service Delivery.
P,x:x:x'n 355 Municil~:~l BuilOing 215 Chu~'d-~ Argue. 5%X Roanoke. Virginia 24011 (703) 981-2344
III. Alternatives:
Ae
City Council consider for adoption the proposed zoning
regulations.
Comprehensive Plan has established an implementation
strategy designed to be carried out in five year
increments. Adoption of revised land development
regulations is the first step of this strategy. The
Comprehensive Plan sets out the following policies:
"Revised zoning and related regulations should promote
neighborhood conservation and preservation of
historically significant structures, facilitate
development of "infill" or vacant lots in existing
neighborhoods, and expand the possibilities for downtown
housing in renovated or new structures."
"Improved site plan controls and design guidelines should
encourage quality new construction and renovation
sensitive to existing neighborhood character."
"Revised land development regulations should provide a
wide variety of new housing choices through more innovate
site planning techniques."
"Revised zoning regulations should improve the quality of
commercial and industrial development and minimize
impacts on adjacent residential uses."
"A new zoning classification for neighborhood commercial
centers should ensure appropriate small-scale development
of needed neighborhood services."
"Revised zoning regulations should facilitate the
provision of essential community-based human service
programs and facilities."
The objective of the Comprehensive Plan has been
addressed in the proposed zoning regulations through
creation of new residential and commercial districts,
updating the terminology, and revising existing
regulations which to date have not fully accomplished our
goals. The basic purpose of the proposed regulations is
to protect and enhance our residential and business
neighborhoods, encourage quality new development, improve
the City's appearance and provide a fair and
comprehensive system of administering our land use
regulations.
Land use and development in Roanoke will experience positive
changes. For existing property owners the proposed
regulations offer additional protection of the investment in
their homes or businesses. Provisions such as the
"Transitional Use" section of the existing ordinance have been
eliminated. New requirements for lot size, frontage and other
aspects of site design should ensure that new construction
meets the same or higher standards as existing development.
Landscaping and buffering requirements have been updated and
clarified so that developers can know what is expected of
them.
New types of developments have been accommodated and existing
"controversial" uses have been rsviewed and pertinent
regulations updated. Opportunities for innovative design have
been increased through revised Planned Unit Development
regulations, and elimination of certain regulations which
inhibited new land uses.
The regulations include revised review and approval procedures
for applicants seeking site plan and zoning permit approvals.
The Office of Community Planning will play a more central role
in such functions and will also provide more direct assistance
to the various Boards and Commission.
Impact on City service delivery will be apparent through an
increased need for enforcement, particularly during the period
when people are adjusting to the new regulations. The
proposed regulations set out more concise and measurable
requirements which will require careful review by staff and
regular monitoring in the field. Enforcement of the City's
land use regulations has been an issue for some time. The
effectiveness of the proposed zoning ordinance will depend on
a commitment to improve the City's enforcement procedures.
Revised development plan review regulations will build on the
cooperation of various City departments in the development
process. At present staff of the Building, Engineering,
Planning and Water departments meet regularly to resolve
development review issues and to facilitate a more efficient
review and approval process.
City Council not consider the proposed zoning regulations.
~omprehensive Plan would not be followed. The objectives
and community values set forth in the Comprehensive Plan
cannot be achieved with the existing zoning ordinance.
The existing regulations would continue to ignore and in
some cases work contrary to the citizen desires to
preserve neighborhoods, encourage economic development,
and improve the City's appearance.
Land use and development would experience no change.
Residents and businesses will continue to be faced with
minimal protection of their investment and developers
will continue to he frustrated by the vagueness of the
existing regulations and procedures.
Impact on City service delivery will be minimal. Present
levels of review and enforcement will be maintained.
Staff will continue to seek improvements to the review
process.
IV. Recommendation:
By a vote of 5-0 (Messrs. Waldvogel and Price absent) the Roanoke
City Planning Commission endorses and recommends approval of the
proposed zoning regulations. In addition to the technical
improvements that have been made, the proposed regulations reflect
the attitude of confidence that residents have in our City.
Roanoke is no longer faced with the issues of economic decline and
population loss that led to the 1966 zoning ordinance. Instead,
the regulations are based on the premise that Roanoke is a growing
metropolitan center and that it has a heritage and a way of life
that must be preserved and enhanced. At this time, we request that
Council favorably consider the proposed regulations. At some time
in the near future, the Commission will forward to Council for its
consideration the revised zoning district maps that must be adopted
in order to implement the new zoning regulations. Naturally, the
actual adoption of the new zoning regulations and the new zoning
district maps will have to be coordinated so that they take effect
simultaneously.
Respectfully submitted,
SSG:JEM:mpf
attachment
cc: City Manager
Assistant City Manager
City Attorney
Assistant City Attorney
Director of Public Works
City Engineer
Zoning Administrator
Chairman,
Susan S. Goode, Chairwoman
Roanoke City Planning Commission
Ordinance Review Committee
A True Copy Teste:
Members
ORDINANCE REVIEW COMMITTEE
MEMBERSHIP LISTING
John P. Bradshaw, Jr., Chairman
P.O. Box 13446
Roanoke, VA 24034
343-6971
Anne P. Glenn, Vice Chairman
1856 Grandin Road, SW
Roanoke, VA 24015
345-7858
Glynn Barranger
4506 Eton Road, SW
Roanoke, VA 24018
774-7372
James A. Beavers
P.O. Box 4175
Roanoke, VA 24015
774-4415
William M. Hackworth
Room 464, Municipal Building
Roanoke, VA 24011
981-2431
W. L. (Tony) Whitwell
1255 Keffield Street, NW
Roanoke, VA 24019
362-6617
Earl B. Reynolds, Jr.
Room 355, Municipal Building
Roanoke, VA 24011
981-2344
Staff
Evie Gunter
City Planner
John Merrithew
City Planner
Ted Tucker
City Planner
Robert W. Hooper
410 First Street, SW
Roanoke, VA 24011
342-2028
W. G. (Bill) Light
2066 Kenwood Boulevard,
Roanoke, VA 24013
345-5168
SE
Buford T. Lumsden
4956 Brambleton Avenue, SW
Roanoke, VA 24018
774-4411
Charles A. Price, Jr.
3101 Willow Road, NW
Roanoke, VA 24017
982-6611
A COMPREHENSIVE PLANNING PROCESS
Roanoke City Planning Commission · Room 355. Municipal Building
2'15 Church Avenue, SW · Roanoke. VA 240'I'1 · (703} 981-2344
CITY CLEI :K OFFICE
DEr 10
Roanoke Ci~/Planning Commission
December 15, 1986
The Honorable Noel C. Taylor, Mayor
and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Consideration of Proposed Zoning Regulations
I. Back, round:
Ordinance Review Committee made up of business, neighborhood,
and City administration representatives was formed to review
and revise the City's zoning regulations (a list of committee
members is attached).
Ordinance Review Cormnittee recommended the proposed zoning
regulations to the Planning Commission for review on September
3, 1986.
C. Ordinance and Names Subcommittee of the Plannin~ Commission
carried out a review of the regulations and recommended it to
the Planning Commission on October 1, 1986.
Plannin~ Commission held public hearings on the matter on
October 15 and November 6, 1986. No residents appeared in
opposition to the proposed ordinance. Approximately 10
residents voiced their support for the regulations.
Staff has made presentations to various civic and business
groups and has distributed drafts of the ordinance to
organizations.
II. Issues:
A. Comprehensive Plan.
B. Land Use and Development.
C. Impact on City Service Delivery.
Room 355 Municipal Building 215 Church Avenuer S."~ Roanoke, Virginia 24011 (703) 981-2344
III. Alternatives:
City Council consider for adoption the proposed zoning
regulations.
Comprehensive Plan has established an implementation
strategy designed to be carried out in five year
increments. Adoption of revised land development
regulations is the first step of this strategy. The
Comprehensive Plan sets out the following policies:
"Revised zoning and related regulations should promote
neighborhood conservation and preservation of
historically significant structures, facilitate
development of "infill" or vacant lots in existing
neighborhoods, and expand the possibilities for downtown
housing in renovated or new structures."
"Improved site plan controls and design guidelines should
encourage quality new construction and renovation
sensitive to existing neighborhood character."
"Revised land development regulations should provide a
wide variety of new housing choices through more innovate
site planning techniques."
"Revised zoning regulations should improve the quality of
commercial and industrial development and minimize
impacts on adjacent residential uses."
"A new zoning classification for neighborhood commercial
centers should ensure appropriate small-scale development
of needed neighborhood services."
"Revised zoning regulations should facilitate the
provision of essential community-based human service
programs and facilities."
The objective of the Comprehensive Plan has been
addressed in the proposed zoning regulations through
creation of new residential and commercial districts,
updating the terminology, and revising existing
regulations which to date have not fully accomplished our
goals. The basic purpose of the proposed regulations is
to protect and enhance our residential and business
neighborhoods, encourage quality new development, improve
the City's appearance and provide a fair and
comprehensive system of administering our land use
regulations.
Land use and development in Roanoke will experience positive
changes. For existing property owners the proposed
regulations offer additional protection of the investment in
their homes or businesses. Provisions such as the
"Transitional Use" section of the existing ordinance have been
eliminated. New requirements for lot size, frontage and other
aspects of site design should ensure that new construction
meets the same or higher standards as existing development.
Landscaping and buffering requirements have been updated and
clarified so that developers can know what is expected of
them.
New types of developments have been accommodated and existing
"controversial" uses have been reviewed and pertinent
regulations updated. Opportunities for innovative design have
been increased through revised Planned Unit Development
regulations, and elimination of certain regulations which
inhibited new land uses.
The regulations include revised review and approval procedures
for applicants seeking site plan and zoning permit approvals.
The Office of Co,unity Planning will play a more central role
in such functions and will also provide more direct assistance
to the various Boards and Conm~ission.
Impact on City service delivery will be apparent through an
increased need for enforcement, particularly during the period
when people are adjusting to the new regulations. The
proposed regulations set out more concise and measurable
requirements which will require careful review by staff and
regular monitoring in the field. Enforcement of the City's
land use regulations has been an issue for some time. The
effectiveness of the proposed zoning ordinance will depend on
a commitment to improve the City's enforcement procedures.
Revised development plan review regulations will build on the
cooperation of various City departments in the development
process. At present staff of the Building, Engineering,
Planning and Water departments meet regularly to resolve
development review issues and to facilitate a more efficient
review and approval process.
B. City Council not consider the proposed zoning regulations.
Comprehensive Plan would not be followed. The objectives
and co~unity values set forth in the Comprehensive Plan
cannot be achieved with the existing zoning ordinance.
The existing regulations would continue to ignore and in
some cases work contrary to the citizen desires to
preserve neighborhoods, encourage economic development,
and improve the City's appearance.
Land use and development would experience no change.
Residents and businesses will continue to be faced with
minimal protection of their investment and developers
will continue to be frustrated by the vagueness of the
existing regulations and procedures.
Impact on City service delivery will be minimal. Present
levels of review and enforcement will be maintained.
Staff will continue to seek improvements to the review
process.
IV. Recommendation:
By a vote of 5-0 (Messrs. Waldvogel and Price absent) the Roanoke
City Planning Commission endorses and recommends approval of the
proposed zoning regulations. In addition to the technical
improvememts that have been made, the proposed regulations reflect
the attitude of confidence that residents have in our City.
Roanoke is no longer faced with the issues of economic decline and
population loss that led to the 1966 zoning ordinance. Instead,
the regulations are based on the premise that Roanoke is a growing
metropolitan center and that it has a heritage and a way of life
that must be preserved and enhanced. At this time, we request that
Council favorably consider the proposed regulations. At some time
in the near future, the Commission will forward to Council for its
consideration the revised zoning district maps that must be adopted
in order to implement the new zoning regulations. Naturally, the
actual adoption of the new zoning regulations and the new zoning
district maps will have to be coordinated so that they take effect
simultaneously.
Respectfully submitted,
Susan S. Goode, Chairwoman
Roanoke City Planning Commission
SSG:JEM:mpf
attachment
cc: City Manager
Assistant City Manager
City Attorney
Assistant City Attorney
Director of Public Works
City Engineer
Zoning Administrator
Chairman, Ordinance Review Committee
ROANOKE
ORDINANCE REVIEW COMMITTEE
MEMBERSHIP LISTING
Members
John P. Bradshaw, Jr., Chairman
P.O. Box 13446
Roanoke, VA 24034
343-6971
W. L. (Tony) Whitwell
1255 Keffield Street, NW
Roanoke, VA 24019
362-6617
Anne P. Glenn, Vice Chairman
1856 Grandin Road, SW
Roanoke, VA 24015
345-7858
Earl B. Reynolds, Jr.
Room 355, Municipal Building
Roanoke, VA 24011
981-2344
Glynn Barranger
4506 Eton Road, SW
Roanoke, VA 24018
774-7372
James A. Beavers
P.O. Box 4175
Roanoke, VA 24015
774-4415
William M. Hackworth
Room 464, Municipal Building
Roanoke, VA 24011
981-2431
Staff
Evie Gunter
City Planner
John Merrithew
City Planner
Ted Tucker
City Planner
Robert W. Hooper
410 First Street, SW
Roanoke, VA 24011
342-2028
W. G. (Bill) Light
2066 Kenwood Boulevard, SE
Roanoke, VA 24013
345-5168
Buford T. Lumsden
4956 Brambleton Avenue, SW
Roanoke, VA 24018
774-4411
Charles A. Price, Jr.
3101 Willow Road, NW
Roanoke, VA 24017
982-6611
A COMPREHENSIVE PLANNING PROCESS
Raanoke City Planning Commission · Room 355 · Municipal Building
2-15 Church Avenue, SW · Raanoke, VA 240'M · [703] 98'1-2344
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11728/86 MORNING
12/05/86 MORNING
WITNESS,
TH~ OF D~CEM~BER 1986
- 0 FFiC ERTl--
'86 OEP, 15 PI:SS
· NOTICE OF
J Dm m~
J R D~i~ RIsl ~mll¥
Pear ~1 pr~4nt their vlev~
NOTICE OF PUBLIC HEARING
TO WHOM IT MAy CONCERN:
Pursuant to the provisions of Article 8, of Title 15.1, Code of
Virginia (1950), as amended, the Council of the City of Roanoke will
hold a public hearing on Monday, December 15, 1986, at 2:00 p.m., in
the City Council Chambers, Fourth Floor, Municipal Building, in order
to consider a comprehensive amendment and revision of Chapter 36,
Zoning, Code of the City of Roanoke (1979), as amended.
The proposed amendments would revise comprehensively the City's
zoning regulations pertaining to the location, erection, construc-
tion, reconstruction, alteration, repair, or use of buildings and
other structures, their height, area and bulk, percentage of lot to
be occupied by structures, the size of yards and other required open
spaces, and the trade, industrial, residential and other specific
uses allowed in the districts established, it being proposed to divide
the City
RA
RS-1
RS-2
RS-3
RM- 1
RM- 2
RM-3
RM-4
CN
into the following districts:
Residential Agricultural District
Residential Single-Family District
Residential Single-Family District
Residential Single-Family District
Residential Multi-Family Low Density District
Residential Multi-Family Medium Density District
Residential Multi-Family High Density District
Residential Multi-Family High Density District
Neighborhood Commercial District
C-1
C-2
C-3
LM
HM
Office District
General Commercial District
Central Business District
Light Manufacturing District
Heavy Manufacturing District
The regulations would also provide for special districts such as
Residential Planned Unit Development Districts, Industrial Planned
Unit Districts, Historic Districts, and Neighborhood Preservation
Districts.
At the hearing, citizens may appear and present their views on
the proposed regulations. Copies of the proposed regulations may be
viewed in the Office of the City Clerk, Room 456, in the ~nicipal
Building. Questions about the content of the proposed
should be directed to the Office of Community Planning,
Given under my hand this 25th day of November, 1986.
Mary F.
regulations
981-2344.
Parker, City Clerk
Please publish in full twice, once on Friday,
November 28, 1986, and once on Friday,
December 5, 1986, in The Roanoke Times and
World News, Morning Edition.
Please send publisher's affidavit and bill to:
Mary F. Parker, City Clerk
Room 456, Municipal Building
Roanoke, Virginia 24011
PROPOSED DRAFT
ZONING ORDINANCE
CITY OF
ROANOKE, VIRGINIA
Office of Community Planning
November, 1986
Chapter 36
Zoning
Pa~e
Article
I: Purposes and General Standards
36-1.
36-2.
36-3.
36-4.
36-5.
36-6.
36-7.
36-8.
36-9.
36-10.
36-11.-36.22,
Purposes
Districts Established
Official Zoning Map
Adoption
Relationship to Tax Appraisal Maps
Authority
Rules for Interpreting District Boundaries
Lots Divided by District Lines
Higher Standards to Govern
Application of and Compliance with Regulations
Reserved
1
1
2
2
2
3
3
3
3
4
4
Article II:
36-23.
36-24.
36-25.
36-25.-36-36.
Article III:
Division 1:
36-37.
36-38.-36-50.
Division 2:
36-51.
36-52.
36-53.
36-54.
36-55.
36-56.
36-57.
36-58.
36-59.-36-69.
36-70.
36-71.
36-72.
36-73.
36-74.
36-75.
36-76.
36-77.
36-78.-36-87.
Construction of Language and Definitions
General Construction of Language
Terms not Defined
Definitions
Reserved
District Regulations
In General
Compliance with Article
Reserved
Residential District Regulations
RA - Residential Agricultural District
Intent
Permitted Uses
Special Exception Uses
Minimum Lot Size and Frontage
Maximum Lot Coverage
Minimum Yard Requirements
Maximum Height of Structures
Special Provisions Concerning Livestock
Reserved
RS-1 and RS-2 Residential Single-family Districts
Intent
Permitted Uses
Special Exception Uses
Minimum Lot Size and Frontage
Maximum Lot Coverage
Minimum Yard Requirements
Maximum Height of Structures
Special Requirements for Utilities
Reserved
13
13
13
13
14
14
14
14
14
15
15
15
16
16
16
17
17
17
17
18
18
18
19
19
19
RS-3 Residential Single-family District
36-88.
36-89.
36-90.
36-91.
36-92.
36-93.
36-94.
36-95.-36-105.
Intent
Permitted Uses
Special Exception Uses
Minimum Lot Size and Frontage
Maximum Lot Coverage
Minimum Yard Requirements
Maximum Height of Structures
Reserved
RM-i Residential Multi-family District, Low Density
District
36-106.
36-107.
36-108.
36-109.
36-110.
36-111.
36-112.
36-113.
Intent
Permitted Uses
Special Exception Uses
Minimum Lot Size and Frontage
Maximum Lot Coverage
Minimum Yard Requirements
Maximum Height of Structures
Minimum Open Space for Residential Uses
36-114.-36-124.Reserved
RM-2 Residential Multi-family District, Medium Density
District
36-125.
36-126.
36-127.
36-128.
36-129.
36-130.
36-131.
36-132.
Intent
Permitted Uses
Special Exception Uses
Minimum Lot Size and Frontage
Maximum Lot Coverage
Minimum Yard Requirements
Maximum Height of Structures
Minimum Open Space for Residential Uses
36-133.-36-143.Reserved
RM-3 and RM-4 Residential Multi-Family Districts, High
Density Districts
36-144.
36-145.
36-146.
36-147.
36-148.
36-149.
36-150.
36-151.
Intent
Permitted Uses
Special Exception Uses
Minimum Lot Size and Frontage
Maximum Lot Coverage
Minimum Yard Requirements
Maximum Height of Structures
Minimum Open Space for Residential Uses
36-152.-36-162.Reserved
Pa~e
20
20
20
20
21
21
21
21
21
22
22
22
22
23
23
23
23
23
23
24
24
24
24
25
25
25
25
25
25
26
26
26
26
27
27
27
27
27
27
ii
Division 3: Commercial District Regulations
CN Neighborhood Commercial District
36-163.
36-164.
36-165.
36-166. Minimum
36-167. Maximum
36-168. Maximum
36-169. Minimum
36-170. Minimum
36-171. Maximum
36-172. Outdoor
Intent
Permitted Uses
Special Exception Uses
Lot Size and Frontage
Lot Coverage
Floor Area Ratio
Yard Requirements
Open Space Ratio
Height of Structures
Storage
36-173. Special Requirements for Utilities
36-174.-36-183.Reserved
C-1 Office District
36-184.
36-185.
36-186.
36-187.
36-188.
36-189.
36-190.
36-191.
36-192.
Intent
Permitted Uses
Special Exception Uses
Minimum
Maximum
Maximum
Minimum
Maximum
Minimum
Lot Size and Frontage
Lot Coverage
Floor Area Ratio
Yard Requirements
Height of Structures
Open Space Ratio
36-193. Outdoor Storage
36-194.-36-204.Reserved
C-2 General Commercial District
36-205.
36-206.
36-207.
36-208.
36-209.
36-210.
36-211.
36-212.
36-213.
Intent
Permitted Uses
Special Exception Uses
Minimum
Maximum
Maximum
Minimum
Maximum
Minimum
Lot Size and Frontage
Lot Coverage
Floor Area Ratio
Yard Requirements
Height of Structures
Open Space Ratio
36-214. Outdoor Storage
36-215.-36-225.Reserved
C-3 Central Business District
36-226.
36-227.
36-228.
36-229.
36-230.
36-231.
36-232.
36-233.
Intent
Permitted Uses
Special Exception Uses
Minimum Lot Size and Frontage
Maximum Lot Coverage
Maximum Floor Area Ratio
Minimum Yard Requirements
Maximum Height of Structures
Pa~e
28
28
28
28
29
3O
3O
3O
3O
30
3O
3O
3O
3O
31
31
31
32
32
32
32
32
33
33
33
33
34
34
34
36
37
37
37
37
37
38
38
38
39
39
39
40
41
41
41
41
41
iii
36-234. Minimum Open Space Ratio
36-235. Outdoor Storage
36-236. Special Requirements for Multi-Family Dwellings
36-237. Utilities
36-238.-36-247.Reserved
Division 4: Industrial Districts
LM - Light Manufacturing District
36-248.
36-249.
36-250.
36-251.
36-252.
36-253.
36-254.
36-255.
36-256.
Intent
Permitted Uses
Special Exception Uses
Minimum
Maximum
Maximum
Minimum
Maximum
Minimum
Lot Size and Frontage
Lot Coverage
Floor Area Ratio
Yard Requirements
Height of Structures
Open Space Ratio
36-257. Outdoor Storage
36-258.-36-268.Reserved
HM - Heavy Manufacturing District
36-269.
36-270.
36-271.
36-272.
36-273.
36-274.
36-275.
36-276.
36-277.
Intent
Permitted Uses
Special Exception Uses
Minimum Lot Size and Frontage
Maximum Lot Coverage
Maximum Floor Area Ratio
Minimum Yard Requirements
Maximum Height of Structures
Minimum Open Space Ratio
36-278.-36-288.Reserved
Division 5: Special District Regulations
RPUD Residential Planned Unit Development District
36-289.
36-290.
36-291.
36-292.
36-293.
36-294.
36-295.
Intent
Application
Definition
Permitted Uses
Development Standards
Special Standards for Mobile Home Parks in the
RPUD District
Mobile Home Subdivisions
36-296.-36-306.Reserved.
IPUD Industrial Planned Unit Development District
36-307. Intent
36-308. Application
36-309. Permitted Uses
36-310. Development Standards
36-311. Application Requirements
36-312.-36-323.Reserved
Pa~e
42
42
42
42
42
43
43
43
44
45
45
45
45
45
45
45
45
46
46
46
46
47
47
47
47
48
48
48
49
49
49
49
49
5O
51
52
52
52
54
54
54
54
54
55
55
H-1 Historic District
36-324.
36-325.
36-326.
36-327.
36-328.
36-329.
36-330.
36-331.
Intent
Designation
Application of the District
Historic District Regulations; Certificate of
Appropriateness
Procedure for Obtaining a Certificate of
Appropriateness
Standards for Review
Review Standards for Proposed Demolition
Demolition - Offer to Sell
36-332.-36-341.Reserved
H-2 Neighborhood Preservation District
36-342.
36-343.
36-344.
36-345.
36-346.
36-347.
36-348.
36-349.
Intent
Designation
Application of the District
Historic District Regulations; Certificate of
Appropriateness
Procedure for Obtaining a Certificate of
Appropriateness
General Guidelines for Review
Demolition
Demolition - Offer to Sell
36-350.-36-359.Reserved
Flood Plain Zone Regulations
36-360.
36-361.
36-362.
36-363.
36-364.
36-365.
36-366.
36-367.
36-368.
Intent
Flood Plain Districts; Definitions
Application
Floodway District Regulations
Floodway Fringe District and Approximated
Flood Plain District Regulations
Shallow Flooding District Regulations
Zoning Permit; Limitation on Use, Activity and
Development
Existing Structure in Flood Plain Districts
Variances
36-369.-36-379.Reserved
Airport Zone Regulations
36-380.
36-381.
36-382.
36-383.
36-384.
36-385.
36-386.
36-387.
Intent
Airport Zones Established and Defined
Height Limitations
Use Restrictions
Regulations to be Considered in Review of Zoning
Permit Applications
Conditions on Variances.
Application of Regulations to Pre-Existing Structures,
Uses, etc.
Exemption of Utility Structures
36-388.-36-399.Reserved
Pa~e
56
56
56
56
57
57
57
59
59
60
61
61
61
61
62
62
62
63
63
63
64
64
64
66
67
68
68
68
69
69
70
71
71
71
72
73
73
73
74
74
74
v
Article IV: Supplementary Regulations
Division 1: Generally
36-400.
36-401.
36-402.
36-403.
36-404.
36-405.
36-406.
36-407.
36-408.
36-409.
36-410.
36-411.
36-412.
36-413.
36-414.
36-415.
Application of Article
Visibility of Intersections
Additional Yard Requirements; Fence and Wall
Regulations
Front Yard Requirements for Infill Development
Setback Lines from Major Arterial Highways
Frontage on Cul-de-sacs
Access to Street; Location of Structure on Lot
Multiple Structures on Same Lot
Calculation of Minimum Lot Area
Exceptions to Height Limitations
Screening Roof Equipment
Satellite Dish Antennas
Temporary Buildings or Structures
Utility Facilities and Equipment
Distances Separating Uses.
Performance Standards.
36-416.-36-425.Reserved
Division 2: Off-street Parking and Loading Requirements
36-426.
36-427.
36-428.
36-429.
36-430.
36-431.
36-432.
36-433.
36-434.
36-435.
36-436.
Intent
Application
General Standards
Table of Parking Requirements
Grouped Parking
Joint Use Parking
Off-site Parking
General Location, Design and Layout Requirements
Loading Requirements
Parking of Commercial Vehicles
Parking or Storage of Travel Trailers, Boats, etc.
36-436.-35-439.Reserved
Division 3: Sign Regulations
36-440.
36-441.
36-442.
36-443.
36-444.
36-445.
36-446.
Application
Sign Area Calculation; Number of Signs
Sign Regulations in all Residential Districts and
the RA District
Sign Regulations for CN and C-1 Districts
Sign Regulations in the C-2, C-3, LM and HM Districts
Additional Sign Regulations
Height of Signs
36-447.-36-459.Reserved
Page
75
75
75
75
75
76
76
77
77
77
77
77
78
78
78
79
79
79
80
82
82
82
82
83
85
85
85
85
86
86
87
87
88
88
88
88
89
90
90
90
91
vi
Division 4: Town Houses
36-460. Application
36-461. General Guidelines
36-462. Design Criteria
36-463. Subdivision
36-464.-36-479.Reserved
Division 5: Adult Uses
36-480. Application
36-481. Definition
36-482. Requirements and Standards
36-483. Measurement of Distance
36-484.-36-499.Reserved
Division 6: Home Occupations
36-500. Application
36-501. General Requirements - Home Occupations
36-502.-36-509.Reserved
Division 7: Day Care Centers and Day Care Homes
36-510. Application
36-511. General Requirements for Ail Day Care Centers
36-512. Day Care Homes
36-513.-36-519.Reserved
Division 8: Bed and Breakfast Establishments
36-520. Application
36-521. General Requirements
36-522. Establishment Requirements
36-523.-36-529.Reserved
Division 9: Accessory Uses and Structures
36-530. Application
36-531. General Requirements
36-532.-36-539.Reserved
Division 10: Accessory Apartments
36-540. Intent
36-541. General Requirements
36-542.-36-549.Reserved
Division 11: Special Uses in Historic Structures
36-550. Intent
36-551. Application
36-552. Uses Permitted by Special Exception
36-553. General Standards
36-554.-36-559.Reserved
Page
92
92
92
92
92
92
93
93
93
95
95
95
96
96
96
96
97
97
97
97
97
98
98
98
98
98
99
99
99
99
100
100
100
100
101
101
101
101
101
101
vii
Division 12: Group Care Facilities
36-560. Intent
36-561. Application
36-562. Group Care Facilities in RS-i, RS-2, RS-3 and RM-1
Districts
36-563. Group Care Facilities in an RM-2, RM-3, RM-4, or
C-I, C-2 or C-3 District
36-564.-36-569.Reserved
Article V. Development Plan Regulations
Division 1: Development Plan Review
36-570.
36-571.
36-572.
36-573.
36-574.
36-575.
36-576.
36-577.
36-578.
36-579.
36-580.
36-581.
36-582.
36-583.
36-584.
36-585.
Intent
Application
When Development Plan Required
General Review Guidelines
Preliminary Meeting
Submission Procedures - Basic Development Plan
Submission Procedures - Comprehensive Development Plan
Review Process - Comprehensive Development Plan
Signature Required on Approved Comprehensive
Development Plan
Expiration of Approval
Changes to approved development plan
Building Permits and Certificates of Occupancy
Storm Water Management
Driveways
Grading and Clearing
Landscaping
36-586.-36-589.Reserved
Article VI: Nonconformities
36-590.
36-591.
36-592.
36-593.
36-594.
36-595.
36-596.
36-597.
36-598.
36-599.-36-609.
Generally
Actual Construction Begun Prior to Adoption or Amendment
of Chapter
Nonconforming Lots
Nonconforming Structures
Nonconforming Uses of Buildings and Structures
Repairs and Maintenance
Change of Nonconforming Use to Other Use
Nonconforming Characteristics of Use
Certain Uses not Nonconforming
Reserved
Article VII: Administration
Division 1: City Planning Commission
36-610. Definition
36-611. Created
Page
102
102
102
102
102
103
104
104
104
104
104
105
105
105
106
107
108
108
108
108
108
109
109
109
110
111
111
111
111
111
112
113
113
113
113
113
114
114
114
114
36-612.
36-613.
36-614.
36-615.
36-616.
36-617.
36-618.
36-619.
36-620.
36-621.
36-622.
36-623.
36-624.
36-625.
36-626.
36-627.
Composition, Qualifications, Appointment and Terms
of Members
Member's Oath
Removal of Members; Filling of Vacancies
Officers
Meetings; Quorum; Majority Vote
Adoption of Rules and Regulations; Records to be
Kept
Consultants; Limitation on F~xpenditure
General Power and Duties
Comprehensive Plan - Generally
Same - Surveys and Studies During Preparation;
General Purpose
Same - Procedure for Adopting and Amending
Same - Legal Status
Right of Entry to Make Surveys, Place Monuments, etc.
City Officials to Furnish Information
Authority of Members to Attend Conferences,
Hearings, etc.
Annual Report
36-628.-36-639.Reserved
Division 2: Architectural Review Board
36-640. Appointment, Membership
36-641. Powers Generally
36-642. Review Procedure
36-643. Appeals
36-644.-36-649.Reserved
Division 3: Board of Zoning Appeals
36-650.
36-651.
36-652.
36-653.
36-654.
36-655.
36-656.
36-657.
36-658.
36-659.
Continued; Composition; Appointment and Terms of
Members, etc.
Officers; Quorum; Rules; Records; Reports
Expenditures, Compensation and Removal of Members
Exercise of Powers Generally; Administration of
Oath and Compelling Attendance of Witnesses
Appeals to Board Generally
Powers and Duties with Respect to Variances
Powers and Duties with Respect to Special Exceptions
Authority to Interpret Official Zoning Map
Appeals from Board
Suit Without Appeal to Board
36-660.-36-669.Reserved
Division 4: Zoning Administrator
36-670.
36-671.
36-672.
36-673.
36-674.
36-675.
Appointment, Powers Generally
Zoning Permit Required; Prerequisites to Issuance
Application for Zoning Permit
Expiration of Zoning Permit; New Permits
Certificate of Occupancy for New or Altered Uses
Certificate of Occupancy for Nonconforming Uses
Page
114
114
114
114
114
115
115
115
116
116
116
116
116
116
116
117
117
118
118
118
118
119
119
120
120
120
120
120
121
121
122
123
122
124
124
125
125
125
125
125
126
127
36-676. Record of Certificates of Occupancy
36-677. Failure to Obtain Certificates of Occupancy
36-678. Effect of Permit or Certificate Issued on Basis of
Approved Applications and Plans
36-678.-36-689.Reserved
Division 5: Amendments
36-690.
36-691.
36-692.
36-693.
36-694.
36-695.
36-696.
36-697.
36-698.
36-699.
General Authority and Procedure
Planning Commieeion Action
City Council Hearing
Notice of Hearing
Council May Change Proposed Amendment After Hearing
Conditional Zoning Amendments Authorized
Conditions Proffered by Property Owner
Enforcement and Administration of Conditions
Amendment or Variation of Conditions
Zoning Map; Conditional Zoning Index
36-700.-36-709.Reserved
Division 6: Fees
36-710. Fees Generally
36-711.-36-719.Reserved
Article VIII: Enforcement
36-720. Violations Generally
36-721. Complaints Regarding Violations
36-722. Actions to Restrain, Abate or Correct Violations
36-723. Penalty for Violations
36-724.-36-730.Reserved
Pa~e
127
127
127
127
128
128
129
129
129
130
130
130
131
131
131
131
132
132
132
133
133
133
133
133
134
X
ARTICLE I: PURPOSES AND GENERAL STANDARDS
Sec. 36-1. Purposes.
Zoning regulations and districts are set forth in this Chapter for the
general purposes of implementing the Comprehensive Plan of the City of
Roanoke; of promoting the health, safety, comfort, prosperity and general
welfare of the public; and of achieving the following specific purposes:
(a) To provide for adequate light, air, convenience of access, and
safety from fire, flood and other dangers;
(b) To reduce or prevent congestion in streets, and to provide for safe
and convenient vehicular and pedestrian movement;
(c) To avoid the undue density of population in relation to existing
and programmed community facilities and services, and to prevent the
overcrowding of land;
(d) To facilitate the provision of adequate emergency services,
transportation, water, waste disposal, flood protection, schools, parks,
recreational facilities, airports and other public requirements;
(e) To regulate and restrict the location of trades, industries and
residences;
(f) To protect and enhance the character and stability of existing
neighborhoods, and to protect against destruction of or encroachment upon
historic areas which contribute to the character of the city;
(g) To facilitate the creation of a convenient, harmonious and
attractive community, and to protect the natural beauty and special features
of the city and the surrounding region; and
(h) To encourage and promote economic development activities that
provide desirable employment and enlarge the tax base.
Sec. 36-2. Districts established.
The City of Roanoke is hereby divided into the following classes of
districts:
(a) Residential districts
RA Residential -
RS-1 - Residential -
RS-2 - Residential -
RS-3 - Residential -
RM-1 - Residential -
RM-2 - Residential -
RM-3 - Residential -
RM-4 - Residential -
Agricultural District
Single-family
Single-family
Single-family
Multi-family, Low Density District
Multi-family, Medium Density District
Multi-family, High Density District
Multi-family, High Density District
(b) Commercial districts
CN
C-1
C-2
C-3
Neighborhood Comm~ercial District
Office District
General Commercial District
Central Business District
(c) Industrial districts
LM
HM
Light Manufacturing District
Heavy Manufacturing District
(d) Special districts
~UD -
IPUD -
H-1 -
H-2 -
Residential Planned Unit Development District
Industrial Planned Unit Development District
Historic District
Neighborhood Preservation District
Sec. 36-3. Official zoning map.
NOTE: SECTION 36-3. THROUGH SECTION 36-6. SHALL BE REWRITTEN BASED UPON THE
FINAL FORM OF THIS ORDINANCE WHEN SUBMITTED TO COUNCIL FOR APPROVAL.
Sec. 36-4. Adoption.
(a) The boundaries of these districts are hereby established as shown
on a map entitled Official Zonin~ Map, City of Roanoke, Virginia, dated
· and as amended from time-to-time and authenticated by the signature
of the Mayor, and attested and sealed by the City Clerk, which map
accompanies and with all explanatory matter thereon is hereby made part of
these regulations. Ail notations, references and other information shown on
the map hereby adopted shall have the same force and effect as though fully
set forth and described in this Chapter.
(b) The official copy of this map, in reproducible form, shall be kept
and maintained in the office of the City Engineer.
Sec. 36-5. Relationship to tax appraisal maps.
The City Engineer shall forthwith transfer such information relating to
boundaries of districts as shown on the Official Zoning Map to the atlas of
maps of the city known and referred to as the Tax Appraisal Maps of the City
of Roanoke. This series of maps in sections shall be kept and maintained in
the office of the City Engineer. This series of maps may from time-to-time
be changed by the City Engineer upon receipt from the office of the City
Clerk of attested copies of ordinances of the City Council making changes in
the boundaries of the districts. The City Engineer shall keep current the
reproducible Official Zoning map and series of sectional maps.
2
Sec. 36-6. Authority.
The current reproducible copy of the Official Zoning Map in the office
of the City Engineer and such record of ordinances in the Office of the City
Clerk shall be the final authority as to the current zoning status or
classification of lands, buildings or other structures in the city.
Sec. 36-7. Rules for interpreting district boundaries.
(a) Where uncertainty exists as to the boundaries of districts as shown
on the Official Zoning Map, the following rules shall apply:
(i)
District boundaries indicated as approximately following the center
lines of streets, alleys, railroad lines, or streams or other
bodies of water shall be construed to follow such center lines.
(2)
District boundaries indicated as approximately following platted
lot lines or city limit lines shall be construed as following such
lines.
(3)
In case of annexation to the city, or in case property comes into
the territorial jurisdiction of the city other than by annexation,
the regulations applying to the RS-1 single family residential
district shall be construed to apply to all such annexed or new
territory pending orderly amendment of this Chapter.
(4)
District boundaries indicated as approximately parallel to or
extensions of features indicated above shall be so construed, and
at such distances therefrom as indicated on the Official Zoning
Map. Distances not specifically indicated on the Official Zoning
Map shall be determined by the scale of the map.
(b) Where there is any uncertainty concerning the location of a
district boundary not resolved by these rules, or where natural or man-made
features existing are at variance with those shown on the Official Zoning
Map, the Board of Zoning Appeals may interpret the map in such a way as to
carry out the purposes of this Chapter for the particular section in
question. Interpretations shall follow notification of owners of property
affected and general public notice as required in connection with public
hearings before the Board of Zoning Appeals. Such interpretations shall not
rezone property or substantially change the location of district boundaries
as established by this Chapter.
Sec. 36-8. Lots divided by district boundaries.
Where a lot in single ownership is divided by one or more district
boundary lines, each portion of the lot shall be subject to all the
regulations applicable to the district in which it is located.
Sec. 36-9. Higher standards to govern.
Wherever any regulation in this Chapter imposes higher or more
restrictive standards than are required in any other statute, ordinance or
regulation, the provisions of this Chapter shall govern. Whenever the
provisions of any other statute, ordinance or regulation impose higher or
more restrictive standards, the provisions of such other statute, ordinance
or regulation shall govern.
Sec. 36-10. Application of and compliance with regulations.
(a) The regulations set forth in this Chapter shall be considered the
minimum requirements to protect public health, safety, comfort, prosperity
and general welfare, and to provide a remedy for existing conditions which
are detrimental thereto.
(b) No land, building, structure or premises shall hereafter be
altered, used or occupied, and no building or structure shall hereafter be
located, erected, constructed, reconstructed, altered, repaired, maintained
or moved except in conformity with the regulations specified herein.
(c) No part of a yard or other open space or off-street parking or
loading space required for the purpose of complying with this Chapter shall
be included as part of similar requirements of any other building, except as
may hereafter be specifically provided.
Sec. 36-11. - 36-22. Reserved.
ARTICLE II: CONSTRUCTION OF LANGUAGE AND DEFINITIONS
Sec. 36-23. General construction of language.
The specific shall control the general. Ail words in the present tense
include the future tense. Ail words in the singular number include the
plural and the plural includes the singular. The word "person" includes a
firm, association, organization, partnership, trust, company or corporation,
as well as an individual. A "building" or "structure" includes any part
thereof. The word "structure" includes the word "building". The word "lot"
includes the words "plot" or "parcel". The words "occupied" or "used" shall
be considered to be followed by the words "or intended, arranged or designed
to be occupied or used" unless the natural construction of the wording
indicates otherwise. The word "shall" is mandatory. The word "may" is
permissive. The word "includes" shall not limit a term to the specified
examples, but is intended to extend its meaning to all other instances or
circumstances of like kind or character.
Sec. 36-24. Terms not defined.
Where terms are not defined, they shall have their ordinarily accepted
meanings, or such as the context may imply.
Sec. 36-25. Definitions.
For the purpose of this Chapter certain terms and words used herein
shall be defined as follows:
Accessory building or structure: A building or structure customarily
accessory and clearly incidental and subordinate to a principal building on
the same lot and used for purposes customarily incidental to that of the
principal building. Where an accessory building is attached to the principal
building in a substantial manner, as by a wall or roof, such accessory
building shall be considered part of the principal building.
Accessory use: A use which is customarily accessory and clearly
incidental and subordinate to the principal use on the same lot. An
accessory use may not be accessory to another accessory use. In residential
districts an accessory use may include a home occupation as defined herein.
Accessory apartment: A second dwelling unit within a single family
detached dwelling where the accessory apartment is clearly incidental and
subordinate to the main dwelling.
Agent: The duly authorized representative of the Office of Community
Planning who has been appointed to serve the Planning Commission in the
review of site plans and other matters related to this chapter.
Agriculture: The principal or accessory use of a parcel of land for the
purpose of producing agricultural, horticultural or floricultural products
including livestock, poultry, eggs, dairy products, vegetable, trees, or
similar products. A garden accessory to a residential use shall not be
deemed agricultural. Agriculture shall not include principal industrial uses
related to food processing or distribution.
Art gallery: A place or establishment arranged for the display and
exhibition of works of art and for their sale by one or more artists,
provided that no art supplies, equipment or accessories are or may be sold or
offered for sale other than with the works of art.
Bed and breakfast establishment: A home occupation involving the rental
of up to four (4) rooms to overnight guests and offering breakfast meals only
to said guests.
Boarding or rooming house: A building or portion thereof, where no more
than six (6) rooms are rented on a weekly or monthly basis and where renters
may share common cooking or bathroom facilities.
Building: A structure with a roof, enclosed by walls and intended for
shelter, housing or enclosure.
Building supplies: Materials which are generally essential to the
construction of a building or structure, including lumber, concrete, bricks,
roofing materials, siding, plumbing, heating and electrical equipment,
windows, doors, insulation, landscaping supplies and other similar materials.
Business service establishment: A place or establishment offering
specialized support services used in the conduct of commerce. These services
may include employment services, and copying and printing services.
Clubs, lodges and fraternal organizations: Buildings and facilities
owned or operated by a charitable, non-profit corporation or fraternal
organization, or non-profit civic service association primarily for social,
educational or recreational purposes.
Community center: A building or place publicly-owned or operated or
owned or operated by a neighborhood organization and used for meetings or
activities of neighborhood organizations affiliated with such groups as the
Neighborhood Partnership, Neighborhood Alliance, Crime Watch or similar
groups.
Condominium: Real property lawfully in existence pursuant to a
condominium instrument created by the recording of condominiums instrument
pursuant to Virginia Condominium of 1974, Sec. 55-79.39 et seq., Code of
Virginia (1950), as amended. Condominiums shall be treated pursuant to this
chapter the same as any physically identical project under a different form
of ownership.
Convenience store: A retail establishment primarily engaged in the sale
of a limited variety of convenience goods including snacks, magazines,
cigarettes, personal items, and food staples such as bread and milk. (See
also: Highway Convenience Store)
Day care center: An agency, organization or individual providing
pre-school instruction, daytime care or afterschool care to more than six (6)
children who are unrelated to the operator.
Day care facilities for adults: An agency, organization or individual
providing day time care for adults.
Day care home: A use in a single family detached dwelling in which the
occupant provides pre-school instruction and daytime care to no less than
four (4) and no more than six (6) children who are not related to the
operator.
Development plan: The drafted proposal for a development including all
easements and other conditions relating to use, location and bulk of
buildings, density of development, common open space, public facilities and
other such information as required by the zoning ordinance.
Driveway: A private way which establishes a connection between an
off-street parking space or an off-street loading space and a public street.
Dwelling: Any building designed to be used for residential purposes,
and including the following specific types:
(1) Single family detached: A permanent, detached dwelling unit, not a
mobile home, designed for and occupied by one (1) family only.
(2)
Mobile home: A structure, transportable in one (1) or more
sections, which in the traveling mode is eight (8) body feet or
more in width or forty (40) body feet or more in length, or, when
erected on site, is 320 or more square feet, and which is built on
a permanent chassis and designed to be used as a dwelling with or
without a permanent foundation when connected to the required
utilities, and includes the plumbing, heating, air- conditioning,
and electrical systems contained therein.
(3) Two-family: A building containing two (2) dwelling units,
designed for occupancy by not more than two (2) families.
(4)
Multi-family: A residential building designed for or occupied by
three (3) or more families, with the number of families in
residence not exceeding the number of dwelling units provided.
(5)
Townhouse: A building consisting of three or more dwelling units
where the units are constructed side-by-side and separated by
common vertical walls; and where each unit has a separate entrance
at ground level.
Dwelling unit: A room or suite of rooms occupied or capable of being
occupied as an independent and separate housekeeping establishment by only
one family, and which contains independent cooking, bathroom and sleeping
facilities.
Family: One or more persons occupying a single dwelling unit and living
and cooking together as a single housekeeping unit.
Fast food restaurant: A restaurant which has a drive-through window or
service directly to consumers in their automobile or which includes take-out
or delivery service as a major component of the operation and where food is
intended to be primarily consumed off the premises. Take-out or delivery
service which generates predominantly pedestrian traffic to and from the lot
shall not constitute a fast food restaurant.
Fitness center: A place or establishment operated as a membership
organization offering classes or instruction in such activities as exercise,
martial arts or weight reduction and including such facilities and services
as handball courts, basketball courts, squash courts, tennis courts, swimming
pools, reducing salons, and weight training equipment.
Flea market: An occasional or periodic market held in an open area,
building or structure where groups of individual sellers offer goods for sale
to the public and where there are ordinarily no long-term leases between
sellers and operators.
Flood and associated definitions: See definitions contained in Section
36-360, et seq., Flood Plain Zone Regulations.
Floor area, gross: The sum of the horizontal areas of the several
stories of a building or buildings, measured from the exterior faces of
exterior walls, or, in the case of a common wall separating two buildings,
from the center line of such a common wall. Gross floor area shall include
exterior balconies, mezzanines and porches.
Floor area, net: The floor area of a building excluding hallways,
stairwells, utility rooms and other areas not meant for habitation or public
service. For the purpose of this ordinance, net floor area shall equal 80%
of the gross floor area.
Floor area ratio: The gross floor area in square feet of all buildings
on a lot divided by the area of such lot in square feet.
Gas station: An establishment primarily engaged in the sale of gasoline
and lubricants, and including minor mechanical repairs to automobiles, and
the incidental sale and installation of vehicle accessories.
Group care facility: A facility or dwelling unit housing persons
unrelated by blood, marriage, adoption or guardianship and including the
following specific types:
(i)
Halfway house: An establishment providing temporary accommodation;
rehabilitation counselling and supervision to persons suffering
from alcohol or drug addiction, to persons re-entering society
after being released from a correctional facility or other
institution, or to persons suffering from other similar disorders.
(~)
(3)
Group homes: An establishment providing accommodation and
supervision to individuals or families where medical care is not a
major element and including homes for orphans, foster children,
veterans, battered women and children, the elderly, pregnant
teenagers, non-resident families of hospitalized patients, mentally
handicapped, and similar uses.
Nursing homes: An establishment providing long-term accommodation
to the elderly, mentally or physically handicapped, or to other
individuals incapacitated in some manner for medical reasons and
where primary or non-primary medical treatment facilities and
services are a component of the use.
Highway convenience store: A convenience store which is also engaged in
the sale of gasoline or similar petroleum products.
Home occupation: An occupation conducted in a dwelling unit.
Hotel, motel, inn: An establishment primarily engaged in the rental of
more than six (6) rooms on a daily basis.
Kennel: A use or building in which the principal activity is the
keeping, raising, breeding, or boarding of dogs. Any such activity,
excluding boarding, shall not be considered a kennel where accessory to a
principal residential use, provided that not more than four (4) dogs
exceeding six (6) months of age are kept.
Loading space, off-street: Space logically and conveniently located for
bulk pickups, deliveries, and refuse collection scaled to delivery vehicles
expected to be used, and accessible to such vehicles when required off-
street parking spaces are filled.
Lot: A clearly defined parcel of land fronting on a public street, and
having sufficient area and dimensions to meet minimum zoning requirements for
area, frontage, depth, use and coverage, and to provide such yards and other
open spaces required herein. A lot may consist of combinations of lots of
record, provided that in no case of subdivision or combination shall any
residual lot or parcel be created which does not meet the requirements of
this Chapter. Lots shall be defined as one of the following specific types:
(1)
Corner lot: A lot which occupies the interior angle at the
intersection of two streets which make an angle of less than one
hundred thirty-five (135) degrees with each other.
(2) Interior lot: A lot, other than a corner lot, with only one (i)
frontage on a street.
(3) Through lot: A lot, other than a corner lot, with frontage on more
than one (1) street.
Lot, coverage: That portion of a lot, which when viewed from directly
above, would be covered by any building or structure.
Lot, frontage: The horizontal distance between the side lot lines
measured at the point where the side lot lines intersect the street line.
Ail sides of lot which abut a street shall be considered frontage.
Medical clinic: An establishment which offers medical- or health-
related counselling or treatment, including dental, optical and psychiatric
treatment, where treatment is offered by more than two licensed professional
medical practitioners.
Miniwarehouse: A building designed to provide rental storage space in
cubicles where each cubicle has a maximum floor area of 3,500 square feet,
where each cubicle is enclosed by walls and ceiling, and where each cubicle
has a separate entrance for the loading and unloading of stored goods.
Mobile home park: Land designed for residential use where residence is
in mobile homes exclusively and where mobile home spaces are normally
provided on a monthly or yearly rental basis.
Mobile home space: A space within a mobile home park that is designed
to be occupied by a single mobile home.
Mobile home subdivision: A subdivision of land, within a residential
planned unit development, where all lots are intended to accom~nodate mobile
homes.
Office, general: An establishment primarily engaged in providing
professional, financial, administrative, clerical and other services not
involving the manufacture, assembly, storage, display or direct retail sale
of goods, and not including medical offices or services.
Office, medical: An establishment primarily engaged in offering those
services provided by medical clinics but where treatment is offered by no
more than two (2) licensed professional practitioners net including support
staff.
Office, professional: An establishment primarily engaged in conduct of
professional business by professional persons as defined herein but not
including medical offices.
Open air market: A retail use where goods are sold from stalls or
tables which are not enclosed in a building and including farmers markets and
flea markets.
Open space: That part of a lot, including yards, which is not covered
by buildings, structures, or parking areas.
Open space ratio: The number of square feet of open space on a lot
expressed as a percentage of the total area of the lot.
Outdoor advertising: Provision of outdoor signs, displays or display
space on a lease or rental basis
Outdoor storage: The keeping, in other than in a building, of any
goods, material, or merchandise in the same place for more than twenty-four
(24) consecutive hours.
Park: Land available to the general public for recreational purposes.
Parking, group: Required off-street parking which is clustered on the
same lot as the principal use and unassigned to specific tenants or residents
of the lot.
Parking, off-site: Off-street parking which is located on a lot
separate from the lot containing the use which the parking is intended to
serve.
Parking space, off-street: For the purpose of this Chapter, an
off-street parking space shall consist of a space adequate for parking an
automobile with room for opening doors on both sides.
10
Personal service home occupation: Home occupations generally involving
the training, personal development, or care of the person or care of his
apparel, including barber and beauty shops, photographic studios, garment
repair and dressmaking shops and music and art studios.
Planting area: The area within which vegetation is planted to comply
with the screening, landscaping and shading requirements of this Chapter and
to otherwise provide a sufficient "bed" to maintain and ensure the survival
of trees and other vegetation after they reach maturity.
Playground: Land which is improved with active recreation equipment and
areas such as swings, gym bars, and other similar equipment.
Professional person: A person who practices an occupation in which some
department of science or learning is applied to the affairs of others, either
advising or guiding them, or otherwise serving their interests or welfare in
the practice of an art founded on such knowledge. The word professional
implies attainments in knowledge as distinguished from mere skill and the
application of such knowledge to serve others. Professional person may
include without limitation an attorney, an accountant, a professional
engineer, an architect, a landscape architect, or a planner but shall not
include professional medical- or health-related practitioners.
Restaurant: An establishment primarily engaged in preparing and serving
food and beverages for consumption on the premises, without a drive-through
window. (See Fast food restaurant.)
Retail stores: A business enterprise whose principal use is the sale of
goods, merchandise, and products directly to the consumer.
Satellite dish antenna: An accessory structure that allows the direct
reception and/or broadcast of signals to or from geostationary earth
communications satellites.
Service establishments: An establishment primarily engaged in the
repair or maintenance of personal, household, business or other goods, or
items such as clothing, appliances, computers and automobiles.
Shopping center: A group of commercial establishments, planned, owned
and managed as a unit providing on-site parking in definite relationship to
the types and sizes of stores therein.
Sign: Any device designed to inform or attract the attention of persons
not on the premises on which the sign is located.
Sign, roof: Any sign erected upon or above the roof of a building or
structure, or part thereof, including signs erected on the side of a
penthouse and similar structures on the roof of a building.
Sign, surface area: The surface area of a sign shall be computed as
including the entire area within a parallelogram, triangle, circle, semi-
circle or other regular geometric figure, including all of the elements of
the matter displayed, but not including frames or structural elements and not
including the opposite face of a double faced sign, provided such face is not
placed at more than a forty-five (45) degree angle to the obverse side.
11
Structure: Anything which is constructed or erected with a fixed
location on the ground, or attached to something having a fixed location on
the ground. Among other things, structures include walls, buildings, fences,
signs, and swimming pools.
Structure or building, height of: The vertical distance measured from
the average ground level on all sides of the building or structure to: in
the case of flat roofs, the level of the highest point of the roof or top of
the building or structure; and in the case of pitched roofs, the mean level
between the eaves and the highest point of the roof.
Use: The specific purpose for which land, water, or a building or
structure is designed, arranged, intended, or for which it is or may be
occupied or maintained.
Utility: Any person, firm, corporation, or municipal agency, duly
authorized to furnish to the public under regulation, electricity, gas, storm
water drains, water, sewerage collection and treatment, steam, cable
television, telephone, or telegraph. For the purposes of this Chapter,
utility may also refer to equipment related to the provision of utility
services and the buildings or structures housing said equipment.
Wrecking or salvage yard: Any space or area or portions of lots used
for the storage, sale, keeping or abandonment of junk or waste material,
including used building material, scrap metals or other scrap materials, or
for the dismantling, demolition, sale or abandonment of automobiles, other
vehicles, machinery or parts thereof.
Yard: An open space on a lot located between a building or structure
and a property line, and including the following specific types:
(1) Front yard: A yard extending between side lot lines across the
front of a lot.
(2)
Side yard: A yard extending from the rear line of the required
front yard (the setback line) to the rear lot line, unless
otherwise provided for in the supplementary district regulations.
(3)
Rear yard: A yard extending across the rear of the lot between the
inner side yard lines. In the case of through lots and corner
lots, there will be no rear yard.
Sec. 36-26. - 36-36. Reserved.
12
ARTICLE III. DISTRICT REGULATIONS
Division 1: In General
Sec. 36-37. Compliance with article.
Within the various districts established by this Chapter and designated
on the Official Zoning Map, no land, building or structure shall be
constructed, erected, altered, used, maintained, arranged or designed to be
used, except as provided in the district regulations set out in this Article.
Any use not specifically listed as being permitted as a principal use, by
special exception or as an accessory use is prohibited.
Sec. 36-38. - 36-50. Reserved.
13
Division 2: Residential District Regulations
RAResidential Agricultural District.
Sec. 36-51. Intent.
The RA district is intended to provide for the continued use of
agriculturally productive lands and to protect the quality of environmentally
sensitive or unique areas by maintaining a low population density and a
character of development normally found in rural areas. Uses and standards
in this district are intended to preserve and protect agricultural lands and
rural character.
Sec. 36-52. Permitted uses.
The following uses shall be permitted as principal uses in the RA
district:
(1) Single family detached dwellings.
(2) Day care homes subject to the requirements of 36-510, et seq.
(3) Churches, synagogues and other places of worship.
(4) Parks and playgrounds.
(5) Home occupations subject to the requirements of Section 36-500, et
seq.
(6) Agriculture operations primarily engaged in the production of grown
crops including vegetables, fruits, and other similar crops
including the sale of crops grown on the premises, but excluding
the raising of livestock.
(7) Tree farms.
(8) Stables which are accessory to a single family detached dwelling.
(9) Plant nurseries and greenhouses including those with retail sales
on the premises.
Sec. 36-53. Special exception uses.
The following uses may be permitted in the RA district by special
exception granted by the Board of Zoning Appeals subject to the requirements
of this section:
(1) Outdoor recreational facilities including swimming clubs, tennis
courts, athletic facilities, and other similar uses.
(2) Golf courses including accessory driving ranges, club house and pro
shop facilities and other facilities and grounds.
(3) Zoos including accessory retail and service establishments and
grounds.
14
(4) Cemeteries, including accessory chapels, mausoleums, crematoriums
and columbariums.
(5) Bed and breakfast establishments subject to the requirements of
Section 36-520, et seq.
(6)
Agriculture operations primarily engaged in the raising of
livestock including cattle, swine, sheep and other similar
livestock provided the minimum lot area shall be five (5) acres and
no farm buildings intended to provide shelter for animals shall be
closer than three hundred (300) feet to any lot line of an
adjoining property not under the same ownership.
(7) Veterinary clinics including those with outside corrals or pens.
(8) Kennels for keeping more than four (4) dogs including those with
outside pens or "runs."
(9)
Commercial stables provided that the minimum lot area shall be five
(5) acres and the stable shall not be located closer than three
hundred (300) feet to any lot line of adjoining property not under
the same ownership.
(10)
Utility substations, transmission lines and towers, booster
stations, relay stations and transformers, and similar uses,
provided that light, noise, fumes, unsightliness or other
associated activities or emissions are adequately screened from the
surrounding neighborhood.
Sec. 36-54. Minimum lot size and frontage.
For permitted principal uses in the RA district the minimum lot area
shall be forty-thousand (40,000) square feet. The minimum lot frontage shall
be one hundred twenty-five (125) feet.
Sec. 36-55. Maximum lot coverage.
In the RA district the maximum lot coverage of all structures shall be
twenty (20) percent.
Sec. 36-56. Minimum yard requirements.
Ail structures in the RA district shall have the following minimum
yards:
(a) Front yards: The minimum depth of front yards shall be thirty (30)
feet.
(b) Side yards: Two (2) side yards shall be provided. The minimum
width of combined side yards shall be twenty (20) percent of the lot frontage
or twenty-five (25) feet, whichever is least. In no case shall a side yard
be less than ten (10) feet.
15
(c) Rear yards: The depth of the rear yard shall be fifty (50) feet
for each principal structure.
Sec. 36-57. Maximum height of structures.
The maximum height of structures in the RA district shall be forty-five
(45) feet, except as provided in Section 36-409.
Sec. 36-58. Special provision concerning livestock.
In the RA district, no livestock, other than domestic pets, shall be
fenced, stabled, quartered, or allowed to graze within one hundred (100) feet
of any residential structure not within an RA district.
Sec. 36-59. - 36-69. Reserved.
16
RS-1 and RS-2 Residential Single-Family Districts.
Sec. 36-70. Intent.
The RS-1 and RS-2 districts are intended to provide for low to moderate
population densities, to maintain the suburban character of existing
neighborhoods in outlying areas of the city, and to maintain the character of
established single-family neighborhoods in the city.
Sec. 36-71. Permitted uses.
The following uses shall be permitted as principal uses in the RS-1 and
RS-2 districts:
(1) Single family detached dwellings.
(2) Day care homes subject to the requirements of Section 36-510, et
seq.
(3) Day care facilities for the elderly with no more than six (6)
clients.
(4) Churches, synagogues and other places of worship.
(5) Parks and playgrounds.
(6) Home occupations subject to the requirements of Section 36-500, et
seq.
Sec. 36-72. Special exception uses.
The following uses may be permitted in the RS-1 and RS-2 districts by
special exception granted by the Board of Zoning Appeals subject to the
requirements of this section:
(a) Uses permitted by special exception in the RS-1 and RS-2 districts:
(1) Group homes subject to the requirements of Section 36-560, et
seq.
(2) Elementary and secondary schools.
(3) Comm~unity centers with a maximum floor area of ten thousand
(10,000) square feet.
(4) Outdoor recreational facilities including swimming clubs,
tennis courts, athletic facilities and other similar uses.
(5) Personal service home occupations subject to the requirements
of Section 36-500, et seq.
(6) Bed and breakfast establishments subject to the requirements
of Section 36-520, et seq.
17
(7)
Utility substations, transmission lines and towers, booster
stations, relay stations and transformers and similar uses,
provided that light, noise, fumes, unsightliness or other
associated activities or emissions are adequately screened
from the surrounding neighborhood.
(b)
Uses permitted by special exception in the RS-1 district only:
(1) Golf courses including associated driving ranges, club house
and pro shop facilities and other facilities and grounds.
(2) Cemeteries including accessory chapels, mausoleums,
crematoriums and columbariums.
(3)
Stables which are accessory to a single family detached
dwelling provided: the minimum lot area shall be two (2)
acres, and no stable building shall be located closer than
three hundred (300) feet from an adjoining property line.
(c) Uses permitted by special exception in the RS-2 district only:
(1) Single family detached dwellings with accessory apartments
subject to the requirements of Section 36-540, et seq.
(2) Halfway houses subject to the requirements of Section 36-560.
(3) Libraries, museums, art galleries and other similar uses
including associated educational and instructional activities.
Sec. 36-73. Minimum lot size and frontage.
For permitted principal uses in the RS-1 district the minimum lot area
shall be thirteen thousand five hundred (13,500) square feet, and in the RS-2
district the minimum lot area shall be seven thousand (7,000) square feet.
The minimum lot frontage shall be ninety (90) feet in the RS-1 district, and
sixty (60) feet in the RS-2 district.
Sec. 36-74. Maximum lot coverage.
In the RS-1 and RS-2 districts the maximum lot coverage of all
structures shall be thirty (30) percent.
Sec. 36-75. Minimum yard requirements.
In the RS-i and RS-2 districts the minimum yard requirements shall be as
follows:
(a) Front yards: The minimum depth of front yards in the RS-1 district
shall be thirty (30) feet. In the RS-2 district, the minimum depth shall be
thirty (30) feet or as provided in Section 36-403.
(b) Side yards in the RS-1 district shall have a combined width of
twenty (20) percent of the lot frontage or eighteen (18) feet whichever is
least. In no case shall the side yard be less than eight (8) feet.
18
(c) Side yards in the RS-2 district shall have a combined width of
twenty (20) percent of the lot frontage or fourteen (14) feet, whichever is
least. In no case shall a side yard be less than five (5) feet wide.
(d) Rear yards: The depth of the rear yard for a principal structure
shall be thirty (30) feet in RS-1 districts and twenty-five (25) feet in RS-2
districts.
Sec. 36-76. Maximum height of structures.
The maximum height of structures in the RS-i and RS-2 districts shall be
thirty-five (35) feet except as provided in Section 36-409.
Sec. 36-77. Special requirements for utilities.
In the RS-1 district, distribution lines to individual consumers for
power, telephone and cable television services shall be located underground.
Sec. 36-78. - 36-87. Reserved.
19
RS-3 Residential Single-Family District.
Sec. 36-88. Intent.
The RS-3 district is intended to provide for medium population
densities, and to promote and encourage the revitalization and preservation
of single-family neighborhoods in the inner areas of the city. The district
is also intended to allow for the development of small or irregularly shaped
vacant lots with single-family dwellings.
Sec. 36-89. Permitted uses.
The following uses shall be permitted as principal uses in the RS-3
district:
(1) Single family detached dwellings.
(2) Day care homes subject to the requirements of Section 36-510, et
seq.
(3) Day care facilities for the elderly with no more than six (6)
clients.
(4) Churches, synagogues and other places of worship.
(5) Parks and playgrounds.
(6) Home occupations subject to the requirements of Section 36-500.
Sec. 36-90. Special exceptions uses.
The following uses may be permitted in the RS-3 district by special
exception granted by the Board of Zoning Appeals subject to the requirements
of this section:
(1) Single family detached dwelling with accessory apartment subject to
the requirements of Section 36-540, et seq.
(2) Halfway houses and group homes subject to the requirements of
Section 36-560, et seq.
(3) Elementary and secondary schools.
(4) Day care centers with up to fifteen (15) children provided the use
is located no closer than fifteen hundred (1,500) feet to a similar
use and the use meets the requirements of Section 36-510, et seq.
(5) Day care facilities for the elderly with up to fifteen (15) clients
provided the use is located no closer than fifteen hundred (1,500)
feet to a similar use.
(6) Libraries, museums, art galleries and other similar uses including
associated educational and instructional activities.
2O
(7) Community centers provided the maximum floor area is ten thousand
(10,000) square feet.
(8) Outdoor recreational facilities including swimming clubs, tennis
courts, athletic facilities and other similar uses.
(9) Personal service home occupations subject to requirements of
Section 36-500, et seq.
(10) Bed and breakfast establishments subject to the requirements of
Section 36-520, et seq.
(11)
Utility substations, transmission lines and towers, booster
stations, relay stations and transformers,and similar uses,
provided that light, fumes, noise, unsightliness or other
associated activities or emissions are adequately screened from the
surrounding neighborhood.
Sec. 36-91. Minimum lot size and frontage.
For permitted principal uses in the RS-3 district the minimum lot area
shall be five thousand (5,000) square feet. The minimum lot frontage shall
be fifty (50) feet.
Sec. 36-92. Maximum lot coverage.
In RS-3 districts the maximum lot coverage of all structures shall be
thirty-five (35) percent.
Sec. 36-93. Minimum yard requirements.
In the RS-3 districts the minimum yard requirements shall be as follows:
(a) Front yards: The minimum depth of front yards shall be thirty (30)
feet, or as provided in Section 36-403.
(b) Side yards: Two side yards shall be required. The minimum width
of combined side yards shall be twenty (20) percent of the lot frontage or
ten (10) feet whichever is least. In no case shall a side yard be less than
four (4) feet.
(c) Rear yards: The depth of the rear yard for a principal structure
shall be twenty-five (25) feet.
Sec. 36-94. Maximum height of structures.
The maximum height of structures in the RS-3 district shall be
thirty-five (35) feet except as provided in Section 36-409.
Sec. 36-95. - 36-105. Reserved.
21
Re-1 Residential Multi-family, Low Density District.
Sec. 36-106. Intent.
The Re-1 district is intended to permit a mixture of single-family,
two-family, and townhouse dwellings in areas of the city where such a mixture
would aid in the preservation and revitalization of neighborhoods, and would
allow for the development of small or irregularly shaped vacant lots with a
variety of dwelling types.
Sec. 36-107. Permitted uses.
The following uses shall be permitted as principal uses in the Re-1
district:
(1) Single family detached dwellings.
(2) Two family dwellings.
(3) Day care homes subject to the requirements of Section 36-510, et
seq.
(4) Day care facilities for the elderly with no more than six (6)
clients.
(5) Churches, synagogues and other places of worship.
(6) Parks and playgrounds.
(7) Home occupations subject to the requirements of Section 36-500, et
seq.
Sec. 36-108. Special exception uses.
The following uses may be permitted in the Re-1 district by special
exception granted by the Board of Zoning Appeals subject to the requirements
of this section:
(1) Town houses subject to the requirements of Section 36-460, et seq.
(2) Halfway houses and group homes subject to the requirements of
Section 36-560, et seq.
(3) Elementary and secondary schools.
(4) Day care centers with up to thirty (30) children subject to the
requirements of Section 36-510, et seq., and provided the use is
located no closer than fifteen hundred (1,500) feet to another day
care center.
(5) Libraries, museums, art galleries and other similar uses including
associated educational and instructional services.
22
(6) Community centers provided the maximum floor area is ten thousand
(10,000) square feet.
(7) Outdoor recreational facilities including swimming clubs, tennis
courts, athletic facilities and other similar uses.
(8) Personal service home occupations subject to the requirements of
Section 36-500, et seq.
(9) Bed and breakfast establishments subject to the requirements of
Section 36-520, et seq.
(10) Utility substations, transmission lines and towers, booster
stations, relay stations and transformers, and similar uses
provided that light, fumes, noise, unsightliness, or other
associated activities or emissions are adequately screened from the
surrounding neighborhood.
Sec. 36-109. Minimum lot size and frontage.
For each permitted principal use in the RM-1 district the minimum lot
area shall be five thousand (5,000) square feet and the minimum lot frontage
shall be fifty (50) feet. The minimum lot area ratio shall be two thousand
five hundred (2,500) square feet for each dwelling unit.
Sec. 36-110. Maximum lot coverage.
In the RM-1 district the maximum lot coverage of all structures shall be
thirty-five (35) percent.
Sec. 36-111. Minimum yard requirements.
In the RM-1 district the minimum yard requirements shall be as follows:
(a) Front yards: The minimum depth of front yards shall be thirty (30)
feet, or as provided in Section 36-403.
(b) Side yards: Two side yards shall be provided. The minimum width
of combined side yards shall be twenty (20) percent of the lot frontage or
ten (10) feet whichever is least. In no case shall a side yard be less than
four (4) feet, except as may be required by Section 36-585 for screening
purposes.
(c) Rear yards: The depth of the rear yard for a principal structure
shall be twenty-five (25) feet.
Sec. 36-112. Maximum height of structures.
The maximum height of structures in the RM-1 district shall be
thirty-five (35) feet except as provided in Section 36-409.
Sec. 36-113. Minimum open space for residential uses.
In the RM-1 district, four hundred (400) square feet of open space shall
be provided for each dwelling unit on a lot.
Sec. 36-114. - 36-124. Reserved.
23
RM-2 Residential Multi-family, Medium Density District.
Sec. 36-125 Intent.
The RM-2 district is intended to encourage the preservation and
enhancement of city neighborhoods which have historically developed with
medium population densities; to provide for a compatible mix of housing types
which encourage innovative infill development in existing neighborhoods, and
to accommodate the efficient use of utilities.
Sec. 36-126. Permitted uses.
The following uses shall be permitted as principal uses in the RM-2
district:
(t) Single family detached dwellings.
(2) Two family dwellings.
(3) Townhouses subject to the requirements of Section 36-460, et. seq.
(4) Multi-family dwellings.
(5) Day care centers with up to fifteen (15) children subject to the
requirements of Section 36-510, et seq.
(6) Day care facilities for the elderly with up to fifteen (15)
clients.
(7) Churches, synagogues and other places of worship.
(8) Outdoor recreational facilities including swimming clubs, tennis
courts, athletic facilities and other similar uses.
(9) Parks and playgrounds.
(10) Home occupations subject to the requirements of Section 36-500, et
seq.
Sec. 36-127. Special exception uses.
The following uses may be permitted in the RM-2 district by special
exception granted by the Board of Zoning Appeals subject to the requirements
of this section.
(1) Group care facilities subject to the requirements of Section
36-560, et seq.
(2) Non-profit counseling facilities and services.
(3) Libraries, museums, art galleries and other similar uses including
associated educational and instructional services.
(4) Community centers.
24
(5) Personal service home occupations subject to requirements of
Section 36-500, et seq.
(6) Bed and breakfast establishments subject to the requirements of
Section 36-520, et seq.
(7)
Utility substations, transmission lines and towers, booster
stations, relay stations and transformers, and similar uses
provided that light, fumes, noise, unsightliness, or other
associated activities or emissions are adequately screened from the
surrounding neighborhood.
Sec. 36-128. Minimum lot size and frontage.
For each permitted principal use in the RM-2 district the minimum lot
area shall be five thousand (5,000) square feet and the minimum lot frontage
shall be fifty (50) feet. The minimum lot area ratio shall be two thousand
five hundred (2,500) square feet for each dwelling unit.
Sec. 36-129. Maximum lot coverage.
In the RM-2 district the maximum lot coverage of all structures shall be
forty (40) percent.
Sec. 36-130 Minimum yard requirements.
In the RM-2 district the minimum yard requirements shall be as follows:
(a) Front yards: The minimum depth of front yards shall be thirty (30)
feet, or as provided in Section 36-403.
(b) Side yards: Two side yards shall be provided. The minimum width
of combined side yards shall be twenty (20) percent of the lot frontage or
ten (10) feet whichever is least. In no case shall a side yard have a width
of less than four (4) feet, except as may be required by Section 36-585 for
screening purposes.
(c) Rear yards: The minimum depth of the rear yard shall be
twenty-five (25) feet.
Sec. 36-131. Maximum height of structures.
The maximum height of structures in the RM-2 district shall be
thirty-five (35) feet except as provided in Section 36-409.
36-132. Minimum open space for residential uses.
In the RM-2 district there shall be three hundred (300) square feet of
open space for each dwelling unit on the lot.
Sec. 36-133 - 36-143. Reserved.
2S
RM-3 and RM-4 Residential Multi-family High Density Districts.
Sec. 36-144. Intent.
The RM-3 and RM-4 districts are intended to provide for medium to high
and for high population densities in multi-family dwellings in areas of the
city where such development is in keeping with the surrounding neighborhood.
The RM-4 district is further intended to provide for and encourage the
development of multiple-family dwellings near the C-3 Central Business
district and to include high rise structures.
Sec. 36-145. Permitted uses.
The following uses shall be permitted as principal uses in the RM-3 and
RM-4 districts:
(1) Townhouses subject to the requirements of Section 36-460, et seq.
(2) Multi-family dwellings.
(3) Group care facilities subject to the requirements of Section
36-560, et seq.
(4) Non-profit counseling facilities and services.
(5) Day care centers with up to thirty (30) children subject to the
requirements of Section 36-510, et seq.
(6) Outdoor recreational facilities including swimming clubs, tennis
courts, athletic facilities and other similar uses.
(7) Parks and playgrounds.
Sec. 36-146. Special exception uses.
The following uses may be permitted in the RM-3 and RM-4 districts by
special exception granted by the Board of Zoning Appeals subject to the
requirements of this section.
(1) Boarding and rooming houses provided:
(a) the use is occupied and operated by the property owner;
(b) the use includes no signage other than that normally permitted
in the RM-3 and RM-4 districts;
(c) the use is no closer than one thousand five hundred (1,500)
feet to another rooming or boarding house;
(d) no more than two (2) people shall occupy a rented room.
(2)
Utility substations, transmission lines and towers, booster
stations, relay stations and transformers, and similar uses
provided that light, fumes, noise, unsightliness, or other
associated activities or emissions are adequately screened from the
surrounding neighborhood.
26
Sec. 36-147. Minimum lot size and frontage.
(a) For each permitted principal use in the RM-3 district the minimum
lot area shall be ten thousand (10,000) square feet and the minimum lot
frontage shall be ninety (90) feet. The minimum lot area ratio shall be one
thousand eight hundred (1,800) square feet for each dwelling unit.
(b) For permitted principal uses in the RM-4 district the minimum lot
area shall be fifteen thousand (15,000) square feet and the minimum lot
frontage shall be one hundred (100) feet. The minimum lot area ratio shall
be one thousand (1,000) square feet for each dwelling unit.
Sec. 36-148. Maximum lot coverage.
The maximum lot coverage in RM-3 and RM-4 districts shall be forty (40)
percent for interior or through lots, and fifty (50) percent for corner lots.
Sec. 36-149. Minimum yard requirements.
In the RM-3 and RM-4 districts the minimum yard requirements shall be as
follows:
(a) Front yards: The minimum depth of the front yard shall be thirty
(30) feet, or as provided in Section 36-403.
(b) In the RM-3 and RM-4 districts, the combined width of side yards
shall be twenty (20) percent of the lot frontage or twenty (20) feet,
whichever is least. In no case shall a side yard be less than eight (8) feet
wide, except as may be required by Section 36-585 for screening purposes.
(c) Where a side yard in the RM-3 or RM-4 district abuts an RS-i, RS-2
or RS-3 district or a lot containing a single family dwelling or two-family
dwelling, said abutting side yard shall have a minimum width of twenty (20)
feet.
(d) Rear yards: The minimum depth of the rear yard shall be twenty-
five (25) feet.
Sec. 36-150. Maximum height of structures.
The maximum height of structures of the RM-3 and RM-4 districts shall be
forty-five (45) feet, except that in the RM-4 district the maximum height of
structures may be exceeded provided that for every one (1) foot in height
over forty-five (45) feet, the side and rear yard requirements shall each be
increased by one (1) foot and except as provided in Section 36-409.
Sec. 36-151 Minimum open space for residential uses.
In the RM-3 district there shall be two hundred (200) square feet of
open space for every dwelling unit on the lot. In the RM-4 district, there
shall be one hundred (100) square feet of open space for every dwelling unit
in the lot.
Sec. 36-152. - 36-162. Reserved.
27
Division 3: Commercial District Regulations
CN Neighborhood Commercial District.
Sec. 36-163. Intent.
The CN district is intended to support and enhance existing neighborhood
shopping areas and provide for a range of neighborhood retail and service
establishments serving local and frequently recurring needs in residential
neighborhoods. These districts are intended to maintain or create commercial
core areas within a neighborhood rather than permitting the unplanned
dispersion of commercial uses throughout the area.
Sec. 36-164. Permitted uses.
The following uses shall be permitted as principal uses in the CN
district provided that unless specifically stated otherwise, the maximum
floor area of any building shall be five thousand (5,000) square feet unless
a special exception is granted by the Board of Zoning Appeals or unless
specifically noted below.
(1) Multi-family dwellings located above ground floor non-residential
uses.
(2) Elementary and secondary schools.
(3) Trade and art schools of a non-industrial nature.
(4) Non-profit counseling facilities and services.
(5) Day care centers with unlimited capacity subject to the
requirements of Section 36-510, et seq.
(6) Day care facilities for the elderly with unlimited capacity.
(7) Churches, synagogues and other places of worship.
(8) Libraries, museums, art galleries and other similar uses including
associated educational and instructional activities.
(9) Community centers.
(10) Police stations.
(11) Fire stations.
(12) Post offices.
(13)
Theaters with seating capacity of not more than three hundred
(300), and provided the facility includes only one (1) viewing
screen or stage.
(14) General and professional offices.
(15) Medical clinics.
(16) Medical offices.
28
(17)
Neighborhood service establishments including laundromats, dry
cleaners, and appliance repair shops, primarily engaged in the
repair or maintenance of household items, clothing and
miscellaneous items related to the person or the home.
(18)
Personal service establishments primarily engaged in providing
non-medical service to a person or maintenance and repair services
to clothing and including barber and beauty shops, tailor or
seamstress shops, shoe repair and other similar uses.
(19) Funeral homes.
(20) Restaurants.
(21) Bed and breakfast establishments subject to the requirements of
Section 36-520, et seq.
(22)
Neighborhood retail establishments (such as a dry cleaners, shoe
repair or a drug store) primarily engaged in the retail sale or
rental of personal and household items, home improvement supplies,
clothing and miscellaneous items related to the person or the home
including the incidental repair and assembly of merchandise to be
sold on the premises.
(23) Food stores with a gross floor area not greater than fifteen
thousand (15,000) square feet.
(24) Convenience stores.
(25) Public parking lots.
(26) Veterinary clinics with no outside corrals or pens.
Sec. 36-165. Special exception uses.
The following uses may be permitted by Special Exception granted by the
Board of Zoning Appeals subject to the requirements of this section:
(1) Clubs, lodges and fraternal organizations.
(2) Indoor recreational uses including bowling alleys, tennis or squash
courts, fitness centers and other similar uses.
(3) Gas stations provided that:
(a)
the gas station by virtue of its size, the number of service
bays, the number of gasoline pumps or other feature is clearly
intended to serve only the surrounding neighborhood;
(~)
the design of any associated building or structure, and site
layout maintains or enhances the visual character of the area
in which it is located;
(4)
(c) the proposed gas station does not create demands which exceed
the capacity of existing streets, utilities or storm water
systems.
Public parking structures.
29
(5) Utility substations, transmission lines and towers, booster
stations, relay stations and transformers, and similar uses
provided that light, fumes, noise, unsightliness, or other
associated activities or emissions are adequately screened from the
surrounding neighborhood.
Sec. 36-166. Minimum lot size and frontage.
In the CN district there shall be no minimum lot area except that where
the side yard of a lot in the CN District abuts residential district the
minimum lot area shall be five thousand (5,000) square feet. The minimum lot
frontage for principal uses in the CN District shall be twenty-five (25)
feet.
Sec. 36-167. Maximum lot coverage.
In the CN district there shall be no maximum lot coverage.
Sec. 36-168. Maximum floor area ratio.
In the CN district the maximum floor area ratio for all structures on
the lot shall be two (2.0).
Sec. 36-169 Minimum yard requirements.
In the CN district the minimum yard requirements shall be as follows:
(a) Front yards: There shall be no minimum depth of front yards except
as provided in Section 36-403.
(b) Side yards: Side yards shall be required in this district only
where the side of a lot abuts a residential district or lot, in which case
the minimum side yard shall be fifteen (15) feet on the adjoining side.
(c) Rear yards: The minimum depth of rear yards shall be fifteen (15)
feet.
Sec. 36-170. Minimum open space ratio.
In the CN district, there shall be no minimum open space requirements.
Sec. 36-171. Maximum height of structures.
In the CN district the maximum height of structures shall be thirty-five
(35) feet, except as provided in Section 36-409.
Sec. 36-172. Outdoor storage.
In the CN district there shall be no outdoor storage.
Sec. 36-173. Special requirements for utilities.
In the CN district, distribution lines for power, telephone, and cable
services shall be located underground.
Sec. 36-174. - 36-183. Reserved.
3O
C-1 Office District.
Sec. 36-184 Intent.
The C-1 office district is intended to preserve the existing residential
character of neighborhoods and their viability by allowing limited commercial
uses in appropriate existing or new structures. The uses may include
professional and business services, and other such uses for which existing
structures may be adapted without changing their essential character.
Sec. 36-185. Permitted uses.
The following uses shall be permitted as principal uses in the C-1
district:
(1)
(2)
(3)
(4)
Single family detached dwellings.
Two family dwellings.
Town houses subject to the requirements of Section 36-460, et seq.
Group care facilities subject to the requirements of Section
36-560, et seq.
(5) Non-profit counseling facilities and services.
(6) Elementary and secondary schools.
(7) Trade, business and art schools of a non-industrial nature.
(8) Trade and vocational schools of an industrial nature.
(9) Colleges, universities and community colleges.
(10) Day care centers with unlimited capacity subject to Section 36-510,
et seq.
(11) Day care facilities for the elderly with unlimited capacity.
(12) Churches, synagogues and other places of worship.
(13) Libraries, museums, art galleries and other similar uses including
associated educational and instructional activities.
(14) Community centers.
(15) Police stations.
(16) Fire stations.
(17) Post offices.
(18) Parks and playgrounds.
(19) General and professional offices.
(20) Medical clinics.
31
(21) Medical offices.
(22) Funeral homes.
(23) Home occupations subject to the requirements of Section 36-500, et
seq.
Sec. 36-186. Special exception uses.
The following uses may be permitted in the C-1 district by Special
Exception granted by the Board of Zoning Appeals subject to the requirements
of this section:
(1) Multi-family dwellings.
(2) Clubs, lodges and fraternal organizations.
(3) Hospitals including accessory retail and service facilities and
other facilities and grounds.
(4) Medical laboratories.
(5)
Personal service establishments primarily engaged in providing
non-medical service to a person or maintenance and repair services
to clothing and including barber and beauty shops, tailor or
seamstress shops, shoe repair and other similar uses.
(6) Bed and breakfast establishments subject to the requirements of
Section 36-520, et seq.
(7) Public parking lots.
(8)
Utility substations, transmission lines and towers, booster
stations, relay stations and transformers, and similar uses
provided that light, fumes, noise, unsightliness, or other
associated activities or emissions are adequately screened from the
surrounding neighborhood.
Sec. 36-187. Minimum lot size and frontage.
In the C-1 district the minimum lot area shall be five thousand (5,000)
square feet and the minimum lot frontage shall be fifty (50) feet. For each
dwelling unit in a two-family dwelling, town house or multi-family dwelling,
the minimum lot area ratio shall be twenty-five hundred (2,500) square feet
for each dwelling unit.
Sec. 36-188. Maximum lot coverage.
In the C-1 district the maximum lot coverage for all structures on the
lot shall be fifty (50) percent.
Sec. 36-189 Maximum floor area ratio.
In the C-1 district the maximum floor area ratio for all structures on
the lot shall be 1.0.
$2
Sec. 36-190. Minimum yard requirements.
The minimum yard requirements in the C-1 district shall be as follows:
(a) Front yards: The minimum depth of front yards shall be thirty (30)
feet or as provided in Section 36-403.
(b) Side yards: Two side yards shall be required. The minimum width
of combined yards shall be twenty (20) percent of the lot frontage or twelve
(12) feet whichever is least. In no case shall a side yard be less than five
(5) feet.
(c) Where a side yard in the C-1 district abuts an RS-i, RS-2 or RS-3
district or a lot containing a residential use, said abutting side yard shall
have a minimum width of fifteen (15) feet.
(d) Rear yards:
(25) feet.
The minimum depth of rear yards shall be twenty-five
Sec. 36-191. Maximum height of structures.
In the C-1 district the maximum height of structures shall be thirty-five
(35) feet except that the Board of Zoning Appeals may by special exception
permit a greater height, and except as provided in Section 36-409.
Sec. 36-192. Minimum open space ratio.
In the C-1 district the minimum open space shall be fifteen (15) percent
of the lot area.
Sec. 36-193. Outdoor storage.
In the C-1 district there shall be no outdoor storage.
Sec. 36-194. - 36-204. Reserved.
C-2 General Commercial District.
Sec. 36-205. Intent.
The C-2 district is intended to provide for active retail areas which
allow retail goods and services for local and regional needs outside the
central business district. These areas are convenient to customers, preserve
the carrying capacity of streets and ensure the provision of off-street
parking and loading space. This district is frequently mapped along major
arterial highways where uses which require large land areas and convenient
automobile access is required, and where residential uses are inappropriate.
Sec. 36-206. Permitted uses.
The following uses shall be permitted as principal uses in the C-2
district:
(1)
}~lti-family dwellings located above ground floor non-residential
(2) Non-profit counseling facilities and services.
(3) Trade, business and art schools of a non-industrial nature.
(4) Trade and vocational schools of an industrial nature.
(5) Colleges, universities and community colleges.
(6) Day care centers with unlimited capacity subject to the
requirements of Section 36-510, et seq.
(7) Churches, synagogues and other places of worship.
(8) Libraries, museums, art galleries and other similar uses including
associated educational and instructional activities.
(9) Clubs, lodges and fraternal organizations.
(10) Community centers.
(11) Police stations.
(12) Fire stations.
(13) Rescue squads and ambulance services.
(14) Military reserve and National Guard centers.
(15) Training facilities related to police, fire, rescue and ambulance
(16) Post offices.
(17) Indoor recreational uses including bowling alleys, indoor tennis
courts, squash courts, fitness centers and other similar uses.
(18) Theaters with unlimited seating capacity.
(19) Coliseums, stadiums, exhibition halls, and similar facilities.
(20) Outdoor recreational facilities including swimming clubs, tennis
courts, athletic facilities and other similar uses.
(21) Parks and playgrounds.
(22) Drive-in movie theaters.
(22) General and professional offices.
(24) Medical clinics.
(25) Medical offices.
(26) General service establishments primarily engaged in the repair or
maintenance of goods or items except automobiles, trucks or
construction equipment, and including the provision of business and
personal services and other similar uses.
(27) Funeral homes.
(28) Restaurants
(29) Hotels, motels, and inns.
(30) Bed and breakfast establishments subject to the requirements of
Section 36-520, et seq.
(31) General retail establishments primarily engaged in the retail sale
or rental of merchandise, goods, or products except automobiles,
trucks, or construction equipment; and including the incidental
repair and assembly of merchandise, goods or products to be sold on
the premises.
(32) Open air markets selling farm produce, crafts, plants, secondhand
merchandise and other miscellaneous items.
(33) Food stores with unlimited gross floor area.
(34) Highway convenience stores.
(35) Outdoor advertising subject to the requirements of Section 36-440,
et seq.
(36) Gas stations.
(37) Establishments primarily engaged in the sale or rental of
automobiles, trucks, and construction equipment and including the
incidental repair and maintenance of vehicles where the lot area is
greater than twenty thousand (20,000) square feet.
(38) Auto accessory sales with related installation.
(39) Automobile cleaning facilities.
(40) Automobile repair establishments except painting and body shops.
(41) Public parking lots.
(42) Public parking structures.
(43)
Storage and warehouse activities which are accessory to a retail
use where all storage activities are wholly enclosed in a building
which is located on the same lot as the retail use and where the
gross floor area of buildings used for storage activities does not
exceed fifty (50) percent of the gross floor area of the retail
use,
(44) Bus terminals for the loading and unloading of passengers.
(45) Veterinary clinics with no outside corrals or pens.
(46) Kennels with no outside pens or "runs."
(47) Plant nurseries and greenhouses including those with retail sales.
Sec. 36-207. Special exception uses.
The following uses may be permitted in the C-2 district by Special
Exception granted by the Board of Zoning Appeals subject to the requirements
of this section:
(1) Nursing homes subject to the requirements of Section 36-560, et
seq.
(2) Fast food restaurants.
(3)
Establishments engaged in the retail sale of building supplies
where all or a portion of related storage and display activities
are not wholly enclosed in a building provided the outdoor storage
or display area is accessory to a building and has a maximum area
no greater than ten (10) percent of the gross floor area of the
building.
(4)
Establishments primarily engaged in the sale or rental of
automobiles, trucks and construction equipment including the
incidental repair and maintenance of vehicles where the lot area is
less than twenty thousand (20,000) square feet.
(5)
Automobile painting and body shops provided that there shall be no
outdoor storage of damaged automobiles, equipment, auto parts or
other materials.
(6) Mini-warehouses provided that the total gross floor area of storage
buildings shall be twelve thousand (12,000) square feet.
$6
(7)
Establishments primarily engaged in the wholesale distribution of
goods where all related activities are wholly enclosed in a
building provided that:
(a)
(b)
the total gross floor area of buildings on a lot shall not
exceed twelve thousand (12,000) square feet;
the use is located on a major arterial road or highway;
(8) Manufacturing, assembly, mixing, processing or other processes
which are accessory to a retail use, where all such activities are
wholly enclosed in the same building as the retail use and where
no more than five (5) people are involved in such processes on the
premises.
(9) Utility substations, transmission lines and towers, booster
stations, relay stations and transformers, and similar uses
provided that light, fumes, noise, unsightliness, or other
associated activities or emissions are adequately screened from the
surrounding neighborhood.
Sec. 36-208. Minimum lot size and frontage.
In the C-2 district the minimum lot area shall be ten thousand (10,000)
square feet. The minimum lot frontage shall be seventy-five (75) feet.
Sec. 36-209. Maximum lot coverage.
The maximum lot coverage for all structures on the lot shall be sixty
(60) percent.
Sec. 36-210. Maximum floor area ratio.
In the C-2 district the maximum floor area ratio for all structures
shall be five (5.0).
Sec. 36-211. Minimum yard requirements.
The minimum yard requirements in the C-2 district shall be as follows:
(a) Front yards: The minimum depth of front yards shall be twenty-five
(25) feet or as provided in Section 36-403.
(b) Side yards: No side yards shall be required except where a lot in
the C-2 district abuts a lot within a residential district, the minimum width
of said abutting side yard shall be twenty (20) feet.
(c) Rear yards: The minimum depth of rear yards shall be twenty-five
(25) feet.
Sec. 36-212. Maximum height of structures.
There shall be no maximum height of structures in the C-2 district
except that where a lot in the C-2 district abuts a residential district or
an H-1 or H-2 district the maximum height shall be forty-five (45) feet.
Sec. 36-213. Minimum open space ratio.
In the C-2 district the minimum open space shall be ten (10) percent of
the lot area.
Sec. 36-214. Outdoor storage.
In the C-2 district there shall be no outdoor storage except as follows:
(a) Trees, shrubs and other plants stored in conjunction with a
permitted nursery or greenhouse operation;
(b) Automobiles, trucks and construction equipment associated with a
permitted sales or repair establishment; and
(c) Outdoor storage which is accessory to a special exception use.
Sec. 36-215. - 36-225. Reserved.
38
C-3 Central Business District.
Sec. 36-226. Intent.
The C-3 Central Business District forms the metropolitan center for
commercial, financial, professional, governmental and cultural activities.
It is intended to provide for high quality regional retail uses; for uses
requiring a central location such as corporate headquarters; for a full-range
of high bulk commercial uses such as hotels, department stores, and
entertainment facilities; and for residential development providing housing
convenient to places of work. It is also intended to provide for government
buildings and necessary support services for the metropolitan area.
Sec. 36-227. Permitted uses.
The following uses shall be permitted as principal uses in the C-3
district:
(1)
(2)
Townhouses subject to the requirements of Section 36-460, et seq.
Multi-family dwellings subject to the requirements of Section
36-236.
(3) Non-profit counseling facilities and services.
(4) Trade, business and art schools of a non-industrial nature.
(5) Colleges, universities and community colleges.
(6) Day care centers, with unlimited capacity subject to the
requirements of Section 36-510, et seq.
(7) Day care facilities for the elderly with unlimited capacity.
(8) Churches, synagogues and other places of worship.
(9) Libraries, museums, art galleries and other similar uses including
associated educational and instructional activities.
(10) Clubs, lodges and fraternal organizations and union halls.
(11) Community centers.
(12) Police stations.
(13) Fire stations.
(14) Rescue squads and ambulance services.
(15) Training facilities related to police, fire, rescue and
ambulance uses.
(16) Post offices.
(17) Indoor recreational uses including bowling alleys, tennis
courts, squash courts, fitness centers and other similar uses.
(18) Theaters with unlimited seating capacity.
(19) Coliseums, stadiums, exhibit halls and similar facilities.
(20) Parks and playgrounds.
(21) General and professional offices.
(22) Medical clinics.
(23) Medical offices.
(24) Hospitals including accessory retail and service facilities
and other facilities and grounds.
(25) Medical laboratories.
(26) General service establishments primarily engaged in the repair or
maintenance of goods or items except automobiles, trucks or
construction equipment, and including the provision of business and
personal services and other similar uses.
(27) Funeral homes.
(28) Restaurants.
(29) Hotels, motels, and inns.
(30) General retail establishments primarily engaged in the retail sale
or rental of merchandise, goods, or products except automobiles,
trucks, or construction equipment; and including the incidental
repair and assembly of merchandise, goods or products to be sold on
the premises.
(31) Open air markets selling farm produce, crafts and plants.
(32) Food store with unlimited gross floor area.
(33) Convenience stores.
(34) Public parking lots.
(35) Public parking structures.
(36) Parking structures accessory to a specific use but not located on
the same.
(37) Bus terminals for the loading and unloading of passengers.
Sec. 36-228. Special exception uses.
The following uses may be permitted in the C-3 district by Special
Exception granted by the Board of Zoning Appeals subject to the requirements
of this section:
4O
(1) Group care facilities subject to the requirements of Section
36-560, et seq.
(2) Gas stations provided:
(a) the gas station is located no closer than fifteen hundred
(1,500) feet to another gas station.
(b)
where a canopy over gas pump island is proposed, such canopy
shall contain no signage or perimeter lighting, the facia
width shall be no more than two (2) feet, and the canopy shall
be set back a minimum of ten (10) feet from the street.
(3) Establishments primarily engaged in the sale, rental, repair or
service of automobiles except automobile painting and body shops.
(4)
Utility substations, transmission lines and towers, booster
stations, relay stations and transformers, and similar uses
provided that light, fumes, noise, unsightliness or other
associated activities or emissions are adequately screened from the
surrounding neighborhood.
Sec. 36-229. Minimum lot size.
In the C-3 district there are no minimum lot area or frontage
requirements.
Sec. 36-230. Maximum lot coverage.
In the C-3 district lot coverage shall be unrestricted.
Sec. 36-231. Maximum floor area ratio.
In the C-3 district the maximum floor area ratio is fifteen (15.0).
Sec. 36-232. Minimum yard requirements.
In the C-3 district the minimum yard requirements shall be as follows:
(a) Front yards: No minimum front yard depth shall be required. New
buildings shall set back from the street line the average distance of existing
buildings on adjoining lots.
(b) Side yards: No side yards are required.
(c) Rear yards: No rear yards are required.
Sec. 36-233. Maximum height of structures.
(a) In the C-3 district there shall be no maximum height of structures
except that, where a lot in the C-3 district abuts or would abut a lot in the
H-1 or H-2 district except for their separation by a street or alley, the
maximum height of structure shall be sixty (60) feet.
41
(b) Subsection (a) notwithstanding, the Board of Zoning Appeals may by
special exception, permit a height greater than sixty (60) feet provided:
(1) A comprehensive development plan is submitted in conjunction with
the application for special exception; and
(2) The proposed development is compatible with the visual
characteristics of the historic area;
(c) The Board of Zoning Appeals shall request a report from the City
Planning Commission regarding the appropriateness of the comprehensive
development plan prior to making any decision pursuant to (b).
Sec. 36-234. Minimum open space ratio.
In the C-3 district there is no minimum open space requirement.
Sec. 36-235. Outdoor storage.
There shall be no outdoor storage permitted in the C-3 district, except
as may be permitted in conjunction with a special exception use.
Sec. 36-236. Special requirements for multi-family dwellings.
Where an existing non-residential building in the C-3 district is to be
renovated into a multi-family dwelling, the ground floor of said building
may be used for residential purposes only by special exception granted by the
Board of Zoning Appeals.
Sec. 36-237. Utilities.
In the C-3 district, distribution lines and connections to individual
consumer for power, telephone and cable television service shall be located
underground.
Sec. 36-238. - 35-247. Reserved.
42
Division 4: Industrial Districts
LM Light Manufacturing District.
Sec. 36-248. Intent.
The LM light manufacturing district is intended primarily for light
manufacturing, processing, storage, wholesaling and distribution, and also
general service establishments. Regulations are intended to prevent friction
between uses within the district, and also to protect neighboring non-
industrial districts. It is also intended to maintain and enhance the
viability of existing light industrial areas.
Sec. 36-249. Permitted uses.
The following uses shall be permitted as principal uses in the LM
district:
(1)
(2)
Trade and vocational schools of an industrial nature.
Day care centers with unlimited capacity subject to the
requirements of Section 36-510, et seq.
(3) Police stations.
(4) Fire stations.
(5) Rescue squad and ambulance services.
(6) Military reserve and National Guard centers.
(7) Training facilities for police, fire, rescue and ambulance uses.
(8) Post offices.
(9) Airports.
(10) Public transit garages.
(11) Public works service centers.
(12) Parks.
(13) Laboratories and testing facilities not accessory to specific use
including photographic laboratories, industrial testing facilities
and similar uses.
(14) Outdoor advertising subject to the requirements of Section 36-440,
et seq.
(15) Parking lots accessory to a specific use but not located on the
same lot.
(16) General storage and warehousing establishments engaged in the
storage of miscellaneous merchandise not for sale on the same
premises where all or a portion of the storage activities may be
outside a wholly enclosed building.
(17) Mini-warehouses.
(18)
Establishments engaged in the wholesale distribution of goods where
all or a portion of related activities may not be wholly enclosed
in a building.
(19)
Scrap materials recycling establishments limited to the salvage and
recycling of paper products, glass and aluminum where all
activities and storage are wholly enclosed in a building.
(2O)
Manufacturing establishments primarily engaged in the manufacture,
assembly, mixing, processing or other processes related to the
creation of new products where all or a portion of said processes
may not be conducted within a ~holly enclosed building.
(21)
Manufacturing establishments primarily engaged in the manufacture,
assembly, mixing, processing or other processes related to the
creation of new products where all or a portion of said processes
may not be conducted within a wholly enclosed in a building and
where no more than ten (10) percent of the gross floor area of the
building may be used for the retail sale of products created on the
premises.
(22) Tractor trailer depots and repair facilities.
(23) Plant nurseries and greenhouses including those with retail sales
on the premises.
(24) Utility substations, transmission lines and towers, booster
stations, relay stations and transformers, etc.
Sec. 36-250. Special exception uses.
The following uses may be permitted in the LM district by Special
Exception granted by the Board of Zoning Appeals subject to the requirements
of this section.
(1) Medical clinics.
(2)
General service establishments primarily engaged in the repair or
maintenance of goods or items except automobiles, trucks or
construction equipment and the provision of business services but
not including personal services, provided the gross floor area of
such uses is not less than twenty thousand (20,000) square feet.
(3) Mobile home sales.
(4)
Establishments engaged in the retail sale of building supplies
where all or a portion of related storage and display activities
are not wholly enclosed in a building, provided the gross floor
area of such buildings is not less than twenty thousand (20,000)
square feet.
(5) Establishments primarily engaged in the sale or rental of trucks
and construction equipment including incidental repair of vehicles.
Sec. 36-251 Minimum lot size and frontage.
In the LM district the minimum lot area for permitted uses and
structures shall be twenty thousand (20,000) square feet except that within
the Urban Enterprise Zone the minimum lot area shall be ten thousand (10,000)
square feet. The minimum lot frontage shall be one hundred (100) feet.
Sec. 36-252. Maximum lot coverage.
In the LM district the maximum lot coverage of all structures shall be
eighty (80) percent.
Sec. 36-253. Maximum floor area ratio.
In the LM district the maximum floor area ratio shall be two (2.0).
Sec. 36-254. Minimum yard requirements.
All structures in the LM district shall have the following minimum
yards:
(a) Front yards: The minimum depth of front yards shall be thirty (30)
feet or as provided in Section 36-403.
(b) Side yards: No side yards shall be required except where the side
yard of a lot in the LM district abuts a lot within a residential district
the minimum width of the abutting side yard shall be twenty (20) feet.
(c) Rear yards: The minimum depth of rear yards shall be thirty (30)
feet.
Sec. 36-255. Maximum height of structures.
In the LM district the maximum height of structures shall be forty-five
(45) feet. The maximum height may be increased provided that for every one
(i) foot of height above forty-five (45) feet, one (1) foot shall be added to
all side and rear yards.
Sec. 36-256. Minimum open space ratio.
In the LM district the minimum open space shall be ten (10) percent of
the lot area.
Sec. 36-257. Outdoor storage.
In the LM district outdoor storage areas shall not be located in any
required yard or in any area included in the calculation of required open
space. In no case shall outdoor storage be permitted to be located closer to
a public street than the main building on the lot.
Sec. 36-258. - 36-268. Reserved.
HM Heavy Manufacturing District.
Sec. 36-269. Intent.
The HMHeavy Manufacturing District is intended primarily for heavy
manufacturing and closely related uses. To avoid burdensome restrictions on
heavy manufacturing, regulations for this district are intended to protect
primarily against effects potentially harmful to other districts.
Sec. 36-270. Permitted uses.
The following uses shall be permitted as principal uses in the HM
district:
(1) Parks.
(2)
General storage and warehousing establishments engaged in the
storage of miscellaneous merchandise not for sale on the same
premises where all or a portion of the storage activities may be
outside a wholly enclosed building.
(3)
Quarries and other mineral or resource extraction operations
including associated refining, crushing or mixing and retail sale
of products on the premises.
(4)
Manufacturing establishments primarily engaged in the manufacture,
assembly, mixing, processing or other process related to the
creation of new products where all or a portion of said processes
may not be conducted within a wholly enclosed building.
(5)
Railway related transportation uses including locomotives or
railcar repair facilities, shunting yards, loading and unloading
facilities, administrative offices and other associated facilities
and activities.
(6) Tractor trailer depots and repair facilities.
(7) Utility substations, transmission lines and towers, booster
stations, relay stations and transformers, etc.
Sec. 36-271. Special exception uses.
The following uses may be permitted in the HM district by Special
Exception granted by the Board of Zoning Appeals subject to the requirements
of this section:
(1) Day care centers accessory to a principal use with unlimited
capacity, subject to requirements of Section 36-510, et seq.
(2)
Wrecking, salvage and recycling yards including junk yards and
automobile graveyards and including associated retail sale and
storage activities, provided that:
46
(a) the use is not detrimental to adjacent uses; and
<b)
(c)
(d)
the use is not visible to public view from any collector or
arterial street or road by virtue of its location on a
hillside or location on a plateau below street level, and the
use is screened from view from adjacent properties and public
streets;
the use shall be entirely enclosed by a solid fence or wall
at least eight (8) feet in height with access only through
solid gates;
said fence or wall shall be at least twenty-five (25) feet
from any street or road or adjoining property not in the
same district;
<e)
(f)
said fence shall not be used for advertising purposes except
for advertisement of the business of the owner or operator
thereof in compliance with the sign regulations of this
Chapter; and
the contents of the use shall not be placed or deposited to a
height greater than that of the fence or wall.
Sec. 36-272. Minimum lot size and frontage.
In the HM district the minimum lot area shall be twenty thousand
(20,000) square feet. The minimum lot frontage shall be one hundred (100)
feet.
Sec. 36-273. Maximum lot coverage.
In the HM district the maximum lot coverage requirements shall be sixty
(60) percent.
Sec. 36-274. Maximum floor area ratio.
In the HM district the maximum floor area ratio shall be two (2.0).
Sec. 36-275. Minimum yard requirements.
In the HM district the minimum yard requirements shall be as follows:
(a) Front yards: The minimum depth of front yards shall be thirty (30)
feet.
(b) Side yards: No side yards shall be required except that where the
side yard of a lot in the HM district abuts a lot within a residential
district, the minimum width of the abutting side yard shall be thirty (30)
feet.
(c) Rear yards: The minimum depth of rear yards shall be thirty (30)
feet.
Sec. 36-276. Maximum height of structures.
In the HI~ district the maximum height of structures shall be forty five
(45) feet. The maximum height may be increased provided that for every one
(1) foot of additional height above forty-five (45) feet one (i) foot shall
be added to side or rear yards.
Sec. 36-277. Minimum open space ratio.
In the HM district the minimum open space requirement shall be ten (10)
percent of the lot.
Sec. 36-278. - 36-288. Reserved.
48
Division 5: Special District Regulations
RPUD - Residential Planned Unit Development District.
Sec. 36-289. Intent.
The RPUD district is intended to encourage the orderly development of
large residential sites and to encourage innovative development patterns
which will create a more desirable living environment than would be possible
through strict application of other requirements of this Chapter. These
regulations are designed to achieve the following objectives:
(a) Provide the opportunity to meet the diverse housing needs of city
residents;
(b) Provide for the construction and rehabilitation of housing and the
provision of moderate income housing;
(c) Promote superior land planning, design, greater efficiency, economy
and convenience in the arrangement of land uses and their supporting
infrastructure;
(d) Provide safe, efficient access and traffic circulation;
(e) Promote a development pattern in harmony with existing development
and the objectives of the city's Comprehensive Plan; and
(f) Encourage the preservation of steep slopes; flood plains; historic
structures and areas; and unique, natural or geological formations.
Sec. 36-290. Application.
(a) Any area meeting the requirements of Section 36-291 may, by
amendment to this chapter, be zoned Residential Planned Unit Development
district and said area shall be designated RPUD on the Official Zoning Map.
(b) The application for designation of an RPUD district shall be in
compliance with the amendment requirements of this Chapter and shall include
the concurrent submittal and approval of a development plan and the
concurrent submittal and approval of a subdivision plat, if required,
pursuant to Chapter 31 of the City Code.
Sec. 36-291. Definition.
An area may be considered for rezoning to RPUD provided that the
proposed development exhibits the following:
(a) The development shall occur on one or more lots which are
contiguous, or would be contiguous but for their separation by a street or
an alley;
(b) The development shall include a combination of permitted
residential and commercial uses or a combination of different permitted
residential uses;
49
(c)
following schedule:
Use
Combination of residential and commercial
Combination of residential, which includes
multi-family dwellings
Combination of residential, consisting of
single family, two family and/or town
house dwellings
Sec. 36-292. Permitted Uses.
The minimum area of the RPUD district shall be based on the
Minimum Area
fifteen (15) acres
ten (10) acres
two (2) acres
(a) The following uses only shall be permitted in an RPUD district,
subject to review by the Planning Commission and approval by the City
Council:
(1) Single-family detached dwellings.
(2) Two-family dwellings.
(3) Town houses.
(4) Multi-family dwellings.
(5) Mobile home parks, subject to the requirements of Section 36-294.
(6) Mobile home subdivisions, subject to the requirements of Section
36-295.
(7) Parks and playgrounds.
(b) The following uses are permitted as principal uses in the RPUD
district provided the total gross floor area dedicated for such uses does not
exceed five (5) percent of the gross land area within the RPUD district:
(1) Day care centers with unlimited capacity subject to the
requirements of Section 36-510, et seq.
(2) Connnunity centers.
(3) General and professional offices
(4) Medical clinics.
(5) Medical offices.
(6) Personal service establishments primarily engaged in providing non-
medical service to a person or maintenance and repair services to
clothing and including barber and beauty shops, tailor or
seamstress shops, shoe repair and other similar uses.
5O
(7)
Neighborhood retail establishments (such as a dry cleaners, shoe
repair, or drug store) engaged in the rental of household items,
home improvement supplies, clothing and miscellaneous items related
to the person or the home including incidental repair and assembly
of merchandise to be sold on the premises.
(8) Food stores with a gross floor area not greater than fifteen
thousand (15,000) square feet.
(9) Convenience stores.
Sec. 36-293. Development Standards.
Ail applications for review and approval of RPUD districts shall comply
with the following:
(a) General standards:
(1) The development plan shall emphasize compatibility with the
surrounding neighborhoods.
(2)
The development shall be designed and arranged in such a way as to
promote energy efficiency and encourage solar access for all
dwelling units.
(3)
Proposed streets, parking areas, and pedestrian circulation systems
shall provide safe and convenient access to and from the
development and for all lots within the development.
(4) Sewage collection and water distribution systems shall be laid out
in an efficient manner.
(5)
Landscaping and open space shall be used to provide shading,
screening, erosion and sedimentation control, and a sense of
privacy and separation between uses.
(6)
The development shall reflect the existing topography and natural
character of the site by minimizing grading and preserving, to the
extent feasible, existing trees.
(b) Development requirements:
(1) There shall be no minimum lot size, yard or frontage width
requirements.
(2) Each lot within an RPUD district shall have usable vehicular access
from its own frontage to a public street.
(3) The permitted density in an RPUD district shall not exceed
seventeen (17) units per acre except in the following cases:
(i)
Two (2) additional units may be permitted for each existing
residential building which is preserved and/or rehabilitated;
and
51
(ii)
One (1) additional unit may be permitted for every two
thousand (2,000) square feet of open space or recreational
space provided in excess of the requirements set out in (6)
below.
(4) Sign regulations for residential uses shall be as for residential
districts and for commercial uses as for the CN district.
(5) A common storm water management system shall be provided to serve
the entire RPUD district.
(6) At least twenty (20) percent of the acreage of an RPUD district
shall be preserved as open space which is used for recreational
purposes and/or preserved as permanent green space.
(7) For lots within an RPUD district, the maximum lot coverage shall be
fifty (50) percent.
Sec. 36-294. Special standards for mobile home parks in the RPUD district.
In addition to the development standards set forth in Section 36-580, et
seq., for mobile home parks in the RPUD district the following special
standards shall apply:
(a) The minimum acreage for a mobile home park shall be ten (10) acres
and a minimum of twenty (20) mobile home spaces shall be provided in
accordance with this Division.
(b) The maximum density shall be seven (7) units per acre;
(c) The minimum area for each mobile home space shall be four thousand
(4,000) square feet;
(d) The minimum width of each mobile home space shall be forty (40)
feet;
(e) In addition to the above standards, the following elements of a
mobile home park shall be reviewed:
(1) Location and placement of each mobile home unit;
(2)
(3)
Landscaping within the park as well as screening and buffering of
adjacent properties;
Pedestrian and traffic circulation systems; and
(4) Community support facilities for recreation, service and storage.
Sec. 36-295. Mobile home subdivisions.
Subdivisions for mobile homes may be permitted as an RPUD district
provided:
(a) The minimum acreage for a mobile home subdivision shall be ten (10)
acres and a minimum of twenty (20) mobile home lots shall be created.
$2
(b) Minimum lot and yard requirements shall be the same as required for
conventional single family dwellings in the RS-3 district.
(c) Ail other zoning regulations applicable to single family detached
dwellings in the RS-3 district shall apply.
(d) All lots shall have frontage on a public street;
(e) Ail subdivisions shall meet the development standards set forth in
the development plan regulations of this Chapter.
(f) Mobile home subdivisions are not permitted within existing platted
subdivisions of record existing at the time of adoption of this Chapter, if
any dwelling units have been constructed therein.
(g) Each mobile home shall meet the following design criteria:
(1) The mobile home shall have a minimum width of twenty (20) feet.
(2) The mobile home shall have the tow assembly and wheels removed and
be mounted on and anchored to a permanent, continuous concrete or
masonry foundation.
(3) The mobile home shall be covered with a non-reflective, exterior
material customarily used on a site-built dwelling, such as lap
siding, plywood, brick, stone, or stucco.
(4) The mobile home shall have a two and one-half (2.5) inch to twelve
(12) inch minimum pitch roof. The roof shall be covered with
non-reflective roof materials, such as fiberglass shingles, asphalt
shingles or wood shakes.
Sec. 36-296. - 36-306. Reserved.
S$
IPUD - Industrial Planned Unit Development District.
Sec. 36-307. Intent.
The establishment and designation by the City Council of an area as an
Industrial Planned Unit Development (IPUD) District, as defined in this
Section, is intended to encourage the orderly development of uses which
require an integration of large-scale office, research, comm~ercial and
manufacturing facilities in separate structures, designed as a unit, in a
campus-like environment.
The purpose of the regulations is to encourage flexibility in design,
promote the appropriate use of land, facilitate the adequate and economic
provision of streets, utilities and other improvements, and to preserve and
enhance the natural and scenic qualities of open space.
Sec. 36-308. Application.
(a) Any area meeting the requirements of (b), below, may by amendment
to this Chapter be zoned Industrial Planned Unit Development district and
said area shall be designated IPUD on the Official Zoning Map;
(b) The development shall occur on one (1) or more lots which are
contiguous or would be contiguous but for their separation by a street; and
(c) Shall consist of at least twenty (20) acres, or ten (10) acres in
the Urban Enterprise Zone, and at least two buildings to be developed as a
unit according to the standards set forth in this Division.
Sec. 36-309. Permitted Uses.
The following uses only shall be permitted in IPUD districts, subject to
review by the Planning Commission and approval by the City Council:
(a) Principal permitted uses in the LM district, Section 36-248, et
seq.
(b) Principal permitted uses in the H/~ district, Section 36-269, et
seq.
(c) Non-residential uses permitted in the C-2 district, Section 36-206,
provided the total gross floor area devoted to these uses does not exceed
five (5) percent of the gross land area within the IPUD.
Sec. 36-310. Development standards.
Ail applications for review and approval of IPUD districts shall comply
with the following standards and controls of development:
(a) Each lot within an IPUD district shall have usable vehicular access
from its own frontage to a public street.
(b) Floor Area Ratio: The maximum floor area ratio of all principal
and accessory buildings shall be two (2).
(c) Yards: There shall be no minimum yard requirements; provided that
no building shall be closer than fifty (50) feet from a residential district
or lot containing a residential use and no parking area shall be closer than
fifteen (15) feet to a residential district or lot containing a residential
use.
(d) Height: The maximum height of buildings shall be forty-five (45)
feet, except as provided in Section 36-409.
(e) Open Space: A minimum of ten (10) percent of the gross area of the
IPUD district shall be open and usable recreation space which is unencumbered
by driveways or parking; this area may consist of open plazas or decks over
structures not more than twenty (20) feet from average ground level. Open
space so provided shall be accessible to all employees of the uses in the
district.
(f) Circulation and Traffic Access: Ail streets and driveways shall be
designed to serve adequately their intended traffic function and the
anticipated volume of traffic of the development.
(g) Energy: The plan for development of any site within the district
shall be designed and arranged in such a way as to promote energy efficiency.
Sec. 36-311. Application requirements.
The application for rezoning to an IPUD district shall include the
concurrent submittal and approval of a development plan pursuant to Section
36-570, et seq., and concurrent submittal and approval of a subdivision plat,
if required, pursuant to Chapter 31 of the City Code.
Sec. 36-312. - 36-323. Reserved.
55
H-i Historic District.
Sec. 36-324. Intent.
The H-1 Historic District is intended to:
(a) Identify the architectural, cultural and historic landmarks,
buildings, structures and areas within the city that are on the Virginia
Landmarks Register, the National Register of Historic Places, or are eligible
for inclusion on such registers or are of local significance;
(b) Encourage their preservation, enhancement, and maintenance;
(c) Develop and maintain appropriate settings and environment for such
landmarks, buildings, structures and areas.
To this end, an Architectural Review Board is hereinafter created, the
purpose of which shall be to protect designated historic landmarks, buildings
structures and areas against destruction or the encroachment of
architecturally incompatible buildings and structures, including signs.
Sec. 36-325. Designation.
The City Council may, in the manner provided for amending, supplementing
or changing this Chapter, including the district regulations and the
Official Zoning Map, designate as an H-1 Historic District appropriate areas:
(a) Containing landmarks, buildings, or structures on the Virginia
Landmarks Register or the National Register of Historic Places, or which are
eligible for inclusion on such registers or are of local significance;
(b) Adjacent to landmarks designated as historic by the Virginia
Division of Historic Landmarks;
(c) Adjacent to any other buildings or structures within the City
having important historic, architectural or cultural interest; or
(d) That contain buildings or places having special public value
because of notable architecture, historic events or other worthy features
relating to the social, cultural, or artistic heritage of the community,
which are of such significance as to warrant conservation and preservation.
Sec. 36-326. Application of the district.
Any H-1 historic district designated by the City Council as provided for
above shall be shown as an overlay to the existing underlying district on the
Official Zoning Map, City of Roanoke, as amended; as such, the provisions in
this division shall serve as a supplement to the underlying zoning district
regulations. Any district designated as provided for above shall be placed
as an overlaying district on the Official Zoning Map in the manner set forth
in this Chapter for amending such map. Where a conflict exists between the
provisions of this Division relating to the H-1 historic district and those
of any underlying zoning districts, the more restrictive provisions shall
apply.
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Sec. 36-327. Historic district regulations; certificate of appropriateness.
(a) Within the H-1 district, no building, structure, or historic
landmark, including signs, shall be erected, reconstructed, altered or
restored until a certificate of appropriateness for the same has been issued
by the authority of the Architectural Review Board hereinafter provided for,
or, on appeal, by the City Council, upon a finding that said erection,
reconstruction, alteration or restoration is architecturally compatible with
the buildings, structures, or historic landmarks therein.
(b) No building, structure, or historic landmark within the H-1
district shall be demolished or moved until a certificate of appropriateness
for the demolition or moving thereof has been issued by the Architectural
Review Board.
(c) In such cases where certificates of appropriateness are required by
this section, the Zoning Administrator shall issue no permit for the
erection, reconstruction, alteration, restoration, demolition or moving of
any building, structure, historic landmark, or sign until such certificate
has been issued. Once the Zoning Administrator has issued such a permit, he
shall routinely inspect the work being performed to insure compliance with
the terms of the certificate of appropriateness.
(d) Nothing in this section shall be construed to prevent the ordinary
maintenance of any building, structure, or historic landmark in the H-1
district which does not require a building permit, nor to prevent the
demolition of any building, structure, or historic landmark which the
Building Commissioner certifies in writing is required for public safety
because of an unsafe or dangerous condition. "Ordinary maintenance" within
the meaning of this section shall include painting, provided that the color
of a building or structure is not changed. However, painting of previously
unpainted masonry surfaces shall require a certificate of appropriateness.
(e) After a given district has been zoned H-I, the Architectural Review
Board may recommend to the City Planning Commission that this Section be
amended as provided for in Article VII to adopt more specific regulations to
apply to that particular district.
Sec. 36-328. Procedure for obtaining a certificate of appropriateness.
The procedure for obtaining a certificate of appropriateness shall be as
set out in Sec. 36-642.
Sec. 36-329. Standards for review.
In considering any request for a certificate of appropriateness, the
Board shall consider the following:
(a) Generally:
(1)
The relationship of the changes to the historic, architectural or
cultural significance of the structure and the surrounding
district;
(2)
The appropriateness of the change in terms of architectural
compatibility with the distinguishing historic and architectural
features of the structure and the district. Architectural
compatibility shall be judged in terms of a proposed structure's
mass, dimensions, materials, color, ornamentation, architectural
style, lighting, landscaping and other criteria deemed pertinent.
(b) For renovations, the conformance of the change with the standards
established by the U.S. Secretary of the Interior for the rehabilitation of
historic buildings;
(c)
(1)
For new construction, the following shall apply:
The design for new construction shall be sensitive to and take into
account the special characteristics that the district is
established to protect. Such consideration may include building
scale, height, orientation, site coverage, spatial separation from
other buildings, facade and window patterns, entrance and porch
size and general design, materials textures, color, architectural
details, roof forms, emphasis of horizontal or vertical elements,
walls, fences, landscaping, and any other feature deemed
appropriate;
(2)
The design of the new construction shall recognize the
relationships among buildings in the immediate setting rather than
specific styles or details since architectural styles and details
may vary from one section of the district to another.
(d) For signage, the following shall apply:
(1)
Signs shall be compatible with and relate to the design elements of
the building they are associate with or attached to, rather than
obscure or disrupt such design features;
(2) Signs shall be compatible with other signs and buildings in the
district and adjacent to the property;
(3)
Compatibility shall be judged in terms of dimensions, materials,
color, letter style and placement, lighting, and overall general
effect on the building and district.
(e) For accessory structures and landscaping required by this Chapter,
the following shall apply:
(1)
Existing characteristic features such as trees, walls, fencing,
walkways and other similar structures or site features that reflect
the building's or district's history and development shall be
retained;
(2)
(3)
Landscaping shall be appropriate to the building and district in
terms of scale and characteristic features;
Accessory structures shall be appropriate to and compatible with
the architectural features of the primary structure and the
district.
S8
Sec. 36-330. Review standards for proposed demolition
Prior to the issuance of a certificate of appropriateness for demolition
of a building, structure, or historic landmark within the district, the Board
shall make the following findings:
(a) The purpose and necessity of the demolition are in accordance with
the intent of the H-1 district.
(b) Loss of the structure would not be adverse to the district or the
public interest by virtue of its uniqueness or its significance to the
district.
(c) Demolition would not have an adverse effect on the character and
surrounding environment of the district.
(d) Where a development plan for a new use of the site is proposed and
submitted, the Board shall review the proposed development pursuant to the
regulations and intent of the district. Consideration shall be given to the
benefits of the proposed development and the trade-offs for demolition of the
building or structure.
Sec. 36-331. Demolition - offer to sell.
(a) In addition to the right of appeal set forth in Section 36-643, the
owner of a building, structure, or historic landmark within the district, the
demolition of which is subject to the provisions of Section 36-327 shall have
the right to demolish such building, structure, or landmark provided that:
(1) The property owner has applied to the City Council for such right;
and
(2)
The owner has for the period of time set forth in the time schedule
hereinafter contained and at a price not more that its fair market
value, made a bona fide offer to sell such building, structure, or
landmark and the land pertaining thereto, to the city, or to any
person, firm, corporation, government or agency thereof, which
gives reasonable assurance that it is willing to preserve and
restore the building, structure, or landmark and the land
pertaining thereto; and
(3)
No bona fide contract binding upon all parties thereto, shall have
been executed for the sale of any such building, structure, or
landmark and the land pertaining thereto, prior to the expiration
of the applicable time period set forth in the time schedule
hereinafter contained.
(b) The time schedule for offers to sell shall be as follows:
(1) Three (3) months when the offering price is less than
twenty-five thousand dollars ($25,000);
(2)
Four (4) months when the offering price is twenty-five
thousand dollars ($25,000) or more but less than forty
thousand dollars ($40,000);
S9
(3)
Five (5) months when the offering price is forty thousand
dollars ($40,000) or more but less than fifty-five thousand
dollars ($55,000);
(4)
Six (6) months when the offering price is fifty-five thousand
dollars ($55,000) or more but less than seventy-five thousand
dollars ($75,000);
(5)
Seven (7) months when the offering price is seventy-five
thousand dollars ($75,000) or more but less than ninety
thousand dollars ($90,000); and
(6) Twelve (12) months when the offering price is ninety thousand
dollars ($90,000) or more.
(c) Before making a bona fide offer to sell, as provided herein, an
owner shall first file a statement with the Secretary to the Board
identifying the property, stating the offering price, the date the offer of
sale is to begin and the name of the real estate agent. No time period as
set forth in the schedule above shall begin to run until such statement has
been filed. Within fourteen (14) days of receipt of a statement, the
Secretary to the Board shall distribute copies to the City Council, the
Architectural Review Board and the City Manager.
(d) In order to fall within the provisions of this section, an offer to
sell must be made within one year after a final decision by the City Council.
Thereafter, in order to raze or demolish a building, structure, or historic
landmark an owner must renew his request to the city council to approve such
razing or demolition.
(e) Any appeal taken pursuant to the previous Section shall not affect
the right of the owner of a building, structure, or historic historic
landmark to make the bona fide offer to sell referred to above.
Sec. 36-332. - 36-341. Reserved.
6O
H-2 Neighborhood Preservation District.
Sec. 36-342. Intent.
The designation of the H-2 Neighborhood Preservation District is
intended to ensure the preservation of buildings which, in their aggregate or
individually, are of special community significance. The general intent
includes, among others, the following specific purposes:
(a) Encourage preservation, protection, and enhancement of
streetscapes, structures and areas of architectural, historic or cultural
importance;
(b) Encourage new construction, or alterations which are compatible
with the existing scale and character of surrounding properties;
(c) Encourage the rehabilitation and continued use of existing
buildings rather than their demolition°
Sec. 36-343. Designation.
The City Council may, in the manner provided for amending, supplementing
or changing this Chapter, including the Official Zoning Map, designate as an
H-2 district appropriate areas:
(a) That contain landmarks, buildings, or structures on the Virginia
Landmarks Register or on the National Register of Historic Places, which are
eligible for inclusion on such registers or which individually or
collectively represent a distinguishable entity of local historic, cultural
or architectural importance;
(b) Adjacent to landmarks designated as historic by the Virginia
Division of Historic Landmarks or adjacent to other buildings, structures,
landmarks, or areas having important historic, architectural or cultural
interest; or
(c) That contain buildings or places in which historic events occurred
or which have special public value because of notable architectural or other
features relating to the cultural or artistic heritage of the conm~unity, or
are of such significance as to warrant conservation and preservation.
Sec.36-344. Application of the district.
Any H-2 district designated by the City Council shall be shown as an
overlay to the existing underlying district with the designation H-2 on the
Official Zoning Map, as amended. As such, the provisions in this Division
shall serve as a supplement to the underlying zoning district regulations.
The uses, housing types, minimum lot requirements, minimum yard requirements,
maximum height, accessory uses and signs shall be determined by the
regulations applicable to the other districts over which the H-2 district is
superimposed° Where a conflict exists between the provisions of this
Division and those of any underlying zoning districts, the more restrictive
provisions shall apply.
61
Sec. 36-345. District regulations; certificate of appropriateness.
(a) In order to encourage the preservation and enhancement of the
district and encourage rehabilitation and new construction in conformance
with the existing scale and character of the district, the Architectural
Review Board shall review and approve the erection of new buildings or
structures, the demolition or moving of existing structures and buildings,
and the structural enlargement of structures and buildings, or reduction in
their floor area, including the enclosure or removal of a porch.
(b) Nothing in this section shall be construed to prevent the ordinary
maintenance of any building, structure or historic landmark in the district.
Ordinary maintenance shall include such things as painting, roof and window
repair and replacement, installation of siding, awnings, or other similar
modifications, and other routine or necessary maintenance for structural
preservation.
(c) Whenever a certificate of appropriateness is required, no building
permit shall be issued until the certificate of appropriateness has been
granted. The Zoning Administrator shall make routine inspections of the work
being performed pursuant to such building permit to ensure compliance with
the terms of the certificate of appropriateness.
(d) This section shall not prevent the demolition or razing of a
building, structure, or historic landmark which the Building Commissioner
certifies in writing is required for public safety because of an unsafe or
dangerous condition.
(e) After an area has been zoned H-2, the Architectural Review Board
may recommend to the City Planning Commission that more specific regulations
be adopted for that particular district. This section shall be amended as
provided for in Section 36-690, et seq.
Sec. 36-346. Procedure for obtaining a certificate of appropriateness.
Where a certificate of appropriateness is required, the procedure for
obtaining said certificate shall be as set out in Section 36-642.
Sec. 36-347.
Guidelines for new construction or structural enlargement or
reduction.
In order to achieve the purposes of the H-2 district, the Architectural
Review Board shall be guided in its decisions by the stated intent of the H-2
district and by the standards and guidelines set forth below:
(a) Where new buildings, structures, or structural enlargements or
reductions are proposed, the design should be compatible with or enhance
those special visual and spatial qualities that the H-2 district is
established to protect, including height and scale of buildings, orientation,
spacing, site coverage, and exterior features such as porches, roof pitch and
direction and landscaping.
62
(b) Every reasonable effort should be made to minimize alteration of
the structure or site and its environment.
(c) Contemporary design for new construction and enlargements to
existing properties should be compatible with the distinguishing
characteristics of the surrounding properties and the district.
(d) Where design guidelines have been established and officially
adopted for a district or portion of a distr~ct, any new erection or
structural enlargement or reduction in floor area shall be in conformance
with those guidelines.
Sec. 36-348. Demolition.
The Board shall issue a certificate of appropriateness for demolition of
a building, structure, or historic landmark within the district where it
finds that:
(a) Loss of the structure would not be adverse to the district or the
public interest by virtue of its uniqueness or its significance to the
district.
(b) Demolition would not have an adverse effect on the character and
surrounding environment of the district.
(c) Where demolition is in conjunction with a proposed new use of the
site, such use satisfies the intent and standards of the H-2 district.
Sec. 36-349. Demolition - offer to sell.
In addition to the right of appeal as set forth in Section 36-643, the
owner of a building, structure or historic landmark within the district,
shall have the right to demolish such historic landmark, building, or
structure in accordance with the application and sale provisions of Section
36-331.
Sec. 36-348. - 36-359. Reserved.
63
Flood plain zone regulations
Sec. 36-360. Intent.
The intent of the regulations in this Division is to prevent the loss of
property and life, the creation of health and safety hazards, the disruption
of commerce and governmental services, the extraordinary and unnecessary
expenditure of public funds for flood protection and relief, and the
impairment of the tax base by:
(a) Regulating uses, activities and development which, acting alone or
in combination with other existing or future uses, activities and
development, if unregulated, will cause unacceptable increases in
flood heights, velocities and frequencies;
(b) Restricting or prohibiting certain uses, activities, and
development from locating within areas subject to flooding;
(c) Requiring all those uses, activities, and developments that do
occur in flood-prone areas to be protected and/or flood-proofed against
flooding and flood damage; and
(d) Protecting individuals from buying lands and structures which are
unsuited for intended purposes because of flood hazards.
Sec. 36-361. Flood plain districts; definitions.
(a) For the purpose of the regulations prescribed in this division,
there are hereby created various flood plain districts, which shall consist
of those areas in the city subject to inundation by waters of the one hundred
(100) year flood as indicated and designated in the flood insurance study for
the city prepared as a part of the National Flood Insurance Program by the
Federal Emergency Management Agency, Federal Insurance Administration, dated
May 4, 1981, and the accompanying flood boundary and floodway map and flood
insurance Rate Map, as such may be amended. A copy of the flood insurance
study and accompanying maps, as amended, shall be filed in the offices of the
city clerk and the City Engineer. The flood plain districts shall consist of
the following:
(1)
Floodway district: The floodway district, as shown on the flood
boundary and floodway map and as specifically defined in the Flood
Insurance Study for the City of Roanoke, includes that area within
the flood plain including the channel of a river or other
watercourse and adjacent land areas that must be kept free of
encroachment in order to be capable of carrying the waters of the
base flood without increasing the water surface elevation of that
flood more than one foot at any point.
(2)
Floodway-fringe district: The floodway fringe district shall be
that area of the one hundred (100) year flood plain not included in
the floodway district. The outermost boundaries of this district
shall be the one hundred (i00) year flood elevations contained in
the flood profiles of the Flood Insurance Study and as shown on the
flood boundary and floodway map.
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(3)
(4)
(b)
(l)
(2)
(3)
Approximated flood plain district: The approximated flood plain
district shall be that flood plain area for which no detailed flood
profiles or elevations are provided, but where a one hundred (100)
year flood plain boundary has been approximated on the flood
boundary and floodway map. Where the specific one hundred (100)
year flood elevation cannot be determined for this area using other
sources of data, such as the Flood Plain Information Reports of the
U.S. Army Corps of Engineers, or U.S. Geological Survey Flood Prone
Quadrangles, then the applicant for the proposed use, development
and/or activity shall determine this elevation in accordance with
hydrologic and hydraulic engineering techniques. Hydrologic and
hydraulic analyses shall be undertaken only by professional
engineers or others of demonstrated qualifications, who shall
certify that the methods used correctly reflect currently accepted
technical concepts. Studies, analyses, computations, etc., shall
be submitted to the Zoning Administrator in sufficient detail to
allow a thorough review by the City.
Shallow flooding district: The shallow flooding district shall be
that area of the one hundred (100) year flood plain designated as
an AO zone on the city's flood insurance rate map (FIRM), where
base flood depths are from one to three (3) feet, and where a
clearly defined channel does not exist, where the path of flooding
is unpredictable and indeterminate, and where velocity flow may be
evident.
For the purposes of this division, the following terms are defined:
Base flood: Means the flood having a one percent chance of being
equalled or exceeded in any given year.
Channel: A perceptible natural or artificial waterway which
periodically or continuously contains moving water confined to a
definite bed and banks.
Development: Any man-made change to improved or unimproved real
estate, including but not limited to buildings or other structures,
mining, dredging, filling, grading, paving, excavating or drilling
operations.
(4) Flood or flooding:
(i) A general and temporary condition of partial or complete
inundation of normally dry land areas from:
(a) The overflow of inland waters.
(b) The unusual and rapid accumulation of runoff or
surface waters from any source.
(c)
Mudslides (i.e., mudflows) which are approximately caused
or precipitated by accumulations of water on or under the
ground.
65
(ii) The collapse or subsidence of land along the shore of a lake
or other body of water as a result of erosion or undermining
caused by water or currents of water exceeding anticipated
cyclical levels or suddenly caused by an unusually high water
level in a natural body of water, accompanied by a severe
storm, or by an unanticipated force of nature, such as a flash
flood or by some similarly unusual and unforeseeable event
which results in flooding as defined in the above.
(a)
Flood plain or flood-prone area: Any land area
susceptible to being inundated by water from any source
(see definition of "Flooding").
(b) One hundred (100) year flood: See definition of "Base
Flood."
(c)
Substantial improvement: Any repair reconstruction, or
improvement of a structure, the cost of which equals or
exceeds fifty (50) percent of the market value of the
structure either before the improvement or repair is
started, or if the structure has been damaged and is
being restored, before the damage occurred. For the
purpose of this definition "substantial improvement" is
considered to occur when the first alteration of any
wall, ceiling, floor, or other structural part of the
building commences, whether or not that alteration
affects the external dimensions of the structure.
The term does not, however, include either any project
for improvement of a structure to comply with the
existing state or city health, sanitary or safety code
specifications which are solely necessary to assure safe
living conditions; or any alteration of a structure
listed on the National Register of Historic Places or the
Virginia Landmarks Register.
(d)
Watercourse: A natural or artificial channel for passage
or running water fed from natural sources in a definite
channel and discharging into some stream or body of
water.
Sec. 36-362. Application.
(a) The flood plain districts described above shall be overlays to the
existing underlying zoning districts as shown on the Official Zoning Map,
City of Roanoke, as amended, and as such, the regulations for the flood plain
district shall serve as a supplement to the underlying zoning district
regulations.
(b) No land shall hereafter be developed and no structure shall be
located, relocated, constructed, reconstructed, enlarged, or structurally
altered within the flood plain district except in full compliance with the
terms and provisions of this division.
(c) Where there happens to be any conflict between the regulations of
the flood plain district and those of any underlying zoning district, the
more restrictive regulations shall apply.
66
(d) Interpretations of the boundaries of the flood plain district shall
be made by the Zoning Administrator, who shall confer with the City Engineer,
using the best information available. Interpretations made by the Zoning
Administrator may be appealed to the Board of Zoning Appeals in a manner
provided for in Section 36-657.
(e) Where natural or manmade changes have occurred within the flood
plain district and/or more detailed studies conducted or undertaken by the
U.S. Army Corps of Engineers or other qualified person document a change, the
delineation of the flood plain district as shown in the flood boundary and
floodway map and as described in the flood insurance study, may be amended in
the manner set out for amending zoning regulations, after approval for such
amendment has been obtained from the Federal Emergency Management Agency.
Sec. 36-363. Floodway district regulations.
(a) In the floodway district no encroachments, including fill, new
construction, substantial improvements, or other development shall be
permitted unless the effect of such in increasing flood levels during the
occurrence of the base flood discharge is fully offset by accompanying stream
or channel improvements.
(b) In the floodway district, any permitted structures shall meet the
floodproofing requirements of the Uniform Statewide Building Code;
(c) In cases where fill is utilized in the floodway:
(1) Such fill, in no case, shall encroach upon the channel of the
watercourse;
(2)
Such fill shall be protected against erosion by bulkheading, riprap
or suitable vegetation cover which does not encroach upon the
channel of the watercourse.
(3) Such fill be of such material and be constructed in such a manner
as not to pollute surface or ground water; and
(4)
Provisions shall be made for flood water passage through or around
the filled area, either in the form of culverts or some other
openings, sufficient to prevent a material raising of flood water
levels.
(d) In cases where piers are utilized in the floodway, water and debris
passage shall not be restricted;
(e) Only the following uses, building and structures are permitted in
the floodway district, subject to the provisions in (a) through (d), if not
prohibited in the zoning district upon which the flood plain district is
superimposed:
(i)
Park and recreational uses, such as playgrounds, playfields,
athletic fields, golf courses, bridle trails and nature paths, and
accessory buildings, structures and facilities;
(2) Agricultural operations, including gardening, horticulture, pasture
and cultivation and harvesting of crops;
67
(3)
Open storage of operable vehicles and parking areas, provided a
method of expedient removal is available and provided such vehicles
are not carrying or intended to carry buoyant, flammable, toxic or
otherwise hazardous materials.
(4)
Essential public facilities, which by their nature, must be located
in the floodway, including bridges, sewerage and water facilities,
navigational structures and public water measuring and control
facilities; and
(5) Natural areas, such as forest and wildlife sanctuaries;
Sec. 36-364.
Floodway fringe district and approximated flood plain district
regulations.
In the floodway-fringe district and the approximated flood plain
district, the development and/or use of land shall be permitted in accordance
with the regulations of the underlying zoning district provided that all such
development and/or uses shall have the lowest floor elevation above the
designated base flood elevation or shall be undertaken in strict compliance
with the floodproofing and related provisions of the Virginia Uniform
Statewide Building Code.
Sec. 36-365. Shallow flooding district regulations.
In the shallow flooding district, the development and/or use of land
shall be permitted in accordance with the regulations of the underlying
zoning district, provided that:
(a) Ail new construction and substantial improvements of residential
structures shall have the bottom of the lowest structural member of the
lowest floor elevated above the crown of the nearest street to or above the
depth number specified on the city's flood insurance rate map.
(b) Ail new construction and substantial improvements of non-
residential structures:
(i)
Have the bottom of the lowest structural member of the lowest floor
elevated above the crown of the nearest street to or above the
depth number specified on the city's flood insurance rate map, or
(2)
Together with attendant utility and sanitary facilities be
completely floodproofed to or above the level references in
paragraph (b)(1) above so that any space below that level is
watertight with walls substantially impermeable to the passage
of water and with structural components having the capacity of
resisting hydrostatic and hydrodynamic loads and effects of
buoyancy.
Sec. 36-366. Zoning permit; limitation on use, activity and development.
(a) Ail uses, activities, and development occurring within any flood
plain district shall be undertaken only upon the issuance of a zoning permit.
Such development shall be undertaken only in strict compliance with
provisions of this chapter, Chapter 31, Subdivision of the Code of the City
of Roanoke (1979), as amended, and the Virginia Uniform Statewide Building
68
Code. Prior to the issuance of any such permit, the zoning administrator
shall review all applications with the City Engineer to insure compliance
with all applicable state and federal laws, including Section 404 of the
Federal Water Pollution Control Act, amendments of 1972, 33 U.S.C. ~1344.
(b) Under no circumstances shall any use, activity and/or development
adversely affect the capacity of the channels or floodways of any
watercourse, drainage ditch, or any other drainage facility or
system.
(c) Prior to any alteration or relocation of a water course in any
flood plain district, notice shall be given to any affected adjacent local
government, the State Water Control Board and the administrator of the
Federal Emergency Management Agency.
Sec. 36-367. Existing structures in flood plain districts.
A structure or use of a structure or premises which lawfully existed
before the enactment of these regulations, but which is not in conformity
with these regulations, may be continued subject to the following conditions:
(a) Existing structures and/or uses located in the floodway district
shall not be expanded or enlarged unless the effect of the proposed expansion
or enlargement on flood heights is fully offset by accompanying stream or
channel improvements;
(b) Modification, alteration, repair, reconstruction or improvement of
any kind to a structure or building to an extent less than fifty (50) percent
of its market value shall be elevated and floodproofed to the extent
feasible; and
(c) Modification, alteration, repair, reconstruction, or improvement of
any kind of structure or building to an extent of more than fifty (50)
percent of its market value shall be undertaken in full compliance with the
provisions of the Virginia Uniform Statewide Building Code.
Sec. 36-368. Variances.
(a) The Board of Zoning Appeals shall not grant any variance for any
proposed use, development, or activity within the floodway district which
would result in any increase in flood levels during the base flood discharge.
(b) The Board of Zoning Appeals shall not grant any variance of the
terms of this Division for property within other flood plain districts except
in conformance with the following procedures and requirements:
(1) Variances may only be granted upon:
(i)
Appropriate documentation from a registered engineer and other
pertinent regulatory agencies that the granting of a variance
will not result in increased flood heights that would
adversely affect the base flood discharge;
(ii) A showing of good and sufficient cause;
(iii) A determination that failure to grant the variance would
result in exceptional hardship to the applicant; and,
69
(2)
(3)
(iv) A determination that the granting of a variance will not
result in additional threats to public safety, extraordinary
public expense, create nuisances, cause fraud on or
victimization of the public, or conflict with any provision of
this Code.
Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood hazard, to
afford relief.
The Zoning Administrator shall notify the applicant for such a
variance that:
<i)
The issuance of a variance to construct a structure below the
base flood level will result in increased premium rates for
flood insurance up to amounts as high as twenty five dollars
($25.00) for one hundred dollars ($100.00) insurance coverage,
and
(ii) Such construction below the base flood level increases risks
to life and property.
A copy of such notification shall be maintained in the Zoning
Administrator's office.
(4) The Zoning Administrator shall:
(i) Maintain a record of all such variance actions, including
justification for their issuance, and
(ii) Report such variances in the annual report of the city to the
Federal Insurance Administrator.
Sec. 36-369. - 36-379. Reserved.
7O
Airport Zone Regulations
Sec. 36-380. Intent.
The intent of this division is to regulate and restrict the height of
structures and objects of natural growth, and otherwise regulate the use of
property in the vicinity of the Roanoke Regional Airport, by creating certain
airport zones within the zoned districts, and to define the boundaries
thereof by adoption of and reference to the Roanoke Municipal Airport Zoning
Map.
Sec. 36-381. Airport zones established and defined.
(a) There are hereby created and established within the city certain
zones which include all of the land lying within instrument approach zones,
noninstrumental approach zones, transition zones, horizontal zone and conical
zone, as said zones are hereinafter defined. Such area and zones are shown
on a certain map entitled Roanoke Regional Airport Zonin~ Map, consisting of
one sheet, prepared by the city engineer's office and dated November 18,1980,
which map, identified and authenticated by the signature of the mayor, is
hereby adopted and made a part of this division by reference, and said map
shall be hereafter filed and kept as is the official zoning map of the city
and shall be supplementary thereto.
(b) Airport zones, as shown on the Roanoke Municipal Airport Zoning
Map, are hereby established and defined as follows:
(1)
Instrument approach zone: An instrument approach zone at each end
of the instrument runways for instrument landings and takeoffs.
The instrument approach zones shall have a width of one thousand
(1,000) feet at a distance of two hundred (200) feet beyond each
end of the runway, widening thereafter uniformly to a width of
sixteen thousand (16,000) feet at a distance of fifty thousand two
hundred (50,200) feet beyond each end of the runway, its center
line being the continuation of the center line of the runway.
(2)
Noninstrument approach zone: A noninstrument approach zone at each
end of all noninstrument runways for noninstrument landings and
takeoffs. The noninstrument approach zone shall have a width of
five hundred (500) feet at a distance of two hundred (200) feet
beyond each end of the runway, widening thereafter uniformly to a
width of two thousand five hundred (2,500) feet at a distance of
ten thousand two hundred (10,200) feet beyond each end of the
runway, its center line being the continuation of the center line
of the runway.
(3)
Transition zones: Transition zones adjacent to each instrument and
noninstrument runway and approach zone, as indicated on the Roanoke
Municipal Airport Zoning Map. Transition zones symmetrically
located on either side of runways have variable widths as shown on
the Roanoke Municipal Airport Zoning Map. Transition zones extend
outward from a line two hundred fifty (250) feet on either side of
the center line of the noninstrument runway, for the length of such
runway, plus two hundred (200) feet on each end; and five hundred
(500) feet on either side of the center line of the instrument
runway, for the length of such runway, plus two hundred (200) feet
71
on each end, and are parallel and level with such runway center
lines. The transition zones along such runways slope upward and
outward one foot vertically for each seven (7) feet horizontally to
the point where they intersect the surface of the horizontal zone.
Further, transition zones shall be adjacent to both instrument and
noninstrument approach zones for the entire length of the approach
zones. These transition zones have variable widths, as show~ on
the Roanoke Municipal Airport Zoning Map. Such transition zones
flare symmetrically with either side of the runway approach zones
from the base of such zones and slope upward and outward a the rate
of one foot vertically for each seven (7) feet horizontally to the
points where they intersect the surfaces of the horizontal and
conical zones. Furthermore, transition zones shall be adjacent to
the instrument approach zone where it projects through and beyond
the limits of the conical zone, extending a distance of five
thousand (5,000) feet, measured horizontally from the edge of
the instrument approach zones at right angles to the
continuation of the center line of the runway.
(4)
Horizontal zone: A horizontal zone shall be the area within a
circle with its center at the Airport Reference Point and having a
radius of seven thousand (7,000) feet. The horizontal zone does
not include the instrument and noninstrument approach zones and the
transition zones.
(5)
Conical zone: A conical zone shall be the area that commences at
the periphery of the horizontal zone and extends outward therefrom
a distance of five thousand (5,000) feet. The conical zone does
not include the instrument approach zones and transition zones.
Sec. 36-382. Height limitations.
Except as may otherwise be provided in this section, no structure or
tree shall be erected, altered, allowed to grow or maintained in any zone
created by this Division to a height in excess of the height limit herein
established for such zone. Such height limitations are hereby established
for each of the zones as follows:
(a) Instrument approach zone: One (1) foot in height for each fifty
(50) feet in horizontal distance, beginning at a point two hundred (200) feet
from and at the center line elevation of the end of the instrument runway and
extending to a distance of ten thousand two hundred (10,200) feet from the
end of the runway; thence one foot in height for each forty (40) feet in
horizontal distance to a point fifty thousand two hundred (50,200) feet from
the end of the runway.
(b) Noninstrument approach zone: One (1) foot in height for each forty
(40) feet in horizontal distance, beginning at a point two hundred (200) feet
from and at the center line elevation of the end of the noninstrument runway
and extending to a point ten thousand two hundred (10,200) feet from the end
of the runway.
(c) Transition zones: One (1) foot in height for each seven (7) feet
in horizontal distance, beginning at any point two hundred fifty (250) feet
normal to and at the elevation of the center line of noninstrument runways,
extending two hundred (200) feet beyond each end thereof, and five hundred
72
(500) feet normal to and at the elevation of the center line of the
instrument runway, extending two hundred (200) feet beyond each end thereof,
extending to a height of one hundred fifty (150) feet above the airport
elevation, which is one thousand one hundred seventy-five (1,175) feet above
mean sea level. In addition to the foregoing, there shall be height limits
of one foot vertical height for each seven (7) feet horizontal distance,
measured from the edges of all approach zones for the entire length of the
approach zones and extending upward and outward to the points where they
intersect the horizontal or conical surfaces. Further, where the instrument
approach zone projects through and beyond the conical zone, a height limit of
one foot for each seven (7) feet of horizontal distance shall be maintained
beginning at the edge of the instrument approach zone and extending a
distance of five thousand (5,000) feet from the edge of the instrument
approach zone measured normal to the center line of the runway extended.
(d) Horizontal zone: One hundred fifty (150) feet above the airport
elevation or a height of one thousand one hundred seventy-five (1,175) feet
above mean sea level.
(e) Conical zone: One (1) foot in height for each twenty (20) feet of
horizontal distance beginning at the periphery of the horizontal zone,
extending to a height of four hundred (400) feet above the airport elevation.
Where an area is covered by more than one height limitation, the more
restrictive limitation shall prevail.
Sec. 36-383. Use restrictions.
Notwithstanding any other provisions of this Division, no use may be
made of land within any zone established by this division in such a manner as
to create electrical interference with radio communication between the
airport and aircraft, make it difficult for flyers to distinguish between
airport lights and others, result in glare in the eyes of flyers using the
airport, impair visibility in the vicinity of the airport or otherwise
endanger the landing, taking off or maneuvering of aircraft.
Sec. 36-384.
Regulations to be considered in review of zoning permit
applications.
Ail of the provisions of this division shall be considered by the zoning
administrator when reviewing applications for zoning permits. The applicant
for a zoning permit shall include and submit adequate information and detail
necessary to ensure that the limitations of this division shall not be
exceeded.
Sec. 36-385. Conditions on variances.
Other than as provided in section 36-386 any variance authorized to the
provisions of this Division shall be so conditioned as to require the owner
of the structure or tree in question, at his own expense, to install, operate
and maintain thereon such markers and lights as may be deemed necessary by
the Board of Zoning Appeals, acting with the advice and recommendation of the
federal aviation agency or the airport manager.
73
Sec. 36-386.
Application of regulations to pre-existing structures, uses,
etc.
(a) The regulations prescribed by this division shall not be construed
to require the removal, lowering or other changes or alteration of any
structure or tree not conforming to the regulations as of August 29, 1966,
or where applicable, as of the effective date of any subsequent amendment to
these regulations. Nothing contained in this division shall require any
change in the construction, alteration or intended use of any structure, the
construction or alteration of which was begun prior to August 29, 1966, or
where applicable, prior to the effective date of any subsequent amendment
hereto, and is diligently prosecuted, except as to section 36-385 preceding.
(b) Notwithstanding the provisions contained in subsection (d) above,
the owner of any structure, tree, natural growth or use which existed prior
to August 29, 1966, or where applicable prior to the effective date of any
subsequent amendment to the provisions of this Division, and which is
inconsistent with or in violation of the provisions of this division or an
amendment thereto, shall be required, as a condition of the continued
maintenance of such structure, tree or use, to permit the city's
installation, operation and maintenance thereon of such markers and lights as
shall be deemed necessary by the federal aviation agency or the city's
airport manager, so as to indicate the presence of such object or hazardous
use to operators of aircraft in the vicinity of the airport. Such markers
and lights shall be installed, operated and maintained at the expense of the
city and not of such owner.
Sec. 36-387. Exemption of utility structures.
Structures of public utilities shall be excluded from the requirements
of this division, provided plans for such structures have first been reviewed
and determined by the federal aviation agency to have no adverse affect on
air navigation as provided in part 77 of the Federal Aviation Agency's
regulations.
Sec. 36-388. - 36-399. Reserved.
74
ARTICLE IV: SUPPLEMENTARY REGULATIONS
Division 1. Generally
See. 36-400. Application of article.
The regulations set out in this article shall apply in all districts
unless otherwise stated herein.
Sec. 36-401. Visibility at intersections.
On a corner lot, no fence, wall, hedge or other planting or structure
that will materially obstruct vision between a height of thirty (30) inches
and ten (10) feet above the center line grades of the intersecting streets
shall be erected, placed or maintained within the area formed by the
intersection of right-of-way lines at such corner lots and a straight line
joining said right-of-way lines at points which are fifteen (15) feet
distance from the intersection of the right-of-way lines at the corner of the
lot.
Sec. 36-402. Additional yard requirements; fence and wall regulations.
(a) Required yards shall be open and unobstructed by any structure or
portion of a structure from thirty (30) inches above the general ground level
of the graded lot upward, except that fences and walls may be erected in any
yard subject to the limitations indicated herein, and flagpoles, clothes
lines, bird houses and other yard accessories may be erected in any yard if
they do not substantially impede vision or the free flow of light and air
across the yard.
(b) The requirements for required front yards are as follows:
(1)
No fence, wall, hedge or other vegetation shall be permitted
which materially impedes vision for public safety across such
yard between the heights of thirty (30) inches and eight (8)
feet.
(2)
In the case of through lots, unless the prevailing front yard
pattern on adjoining lots indicates otherwise, front yards
shall be provided on all frontages. Where one of the front
yards that would normally be required on a through lot is not
in keeping with the prevailing yard pattern, the Zoning
Administrator may waive the requirement for the normal front
yard and substitute therefor a special yard requirement which
shall not exceed the average of the yards required on adjacent
lots.
(3)
In the case of corner lots which do not have reversed
frontage, a front yard of the required pattern shall be
provided in accordance with the average depth of front yard
for adjoining buildings and a second front yard of half the
depth required generally for front yards in the district shall
be provided on the other frontage. No rear yards are
required.
(4)
In the case of reversed frontage corner lots, a front yard of
the required depth shall be provided on either frontage, and a
second front yard of half the depth required generally for
front yards in the district shall be provided on the other
frontage.
(5)
In the case of corner lots with more than two (2) frontages,
the zoning administrator shall determine the front yard
requirements, subject to the following limitations: At least
one front yard shall be provided having the full depth
required generally in the district and no other front yard on
such lot shall have less than half the full depth required
generally.
(6)
The depth of required front yards shall be measured at right
angles to the street line or, in the case of a curved street
line, the depth shall be measured on the radial line. Front
and rear lines of a required front yard shall be parallel.
(c) The requirements for required side yards are as follows:
(1) In the case of through lots, side yards shall extend from the
rear lines of the front yards required.
(~)
In the case of corner lots, the yards remaining after full and
half-depth front yards have been established shall be
considered to be side yards.
(3)
The width
angles to
line of a
line.
of required side yards shall be measured at right
the adjacent side lot line. The inner side yard
required side yard shall be parallel to the side lot
Sec. 36-403. Front yard requirements for infill developments.
(a) Notwithstanding the district regulations governing the minimum
depth of front yards, in all districts, except RA and RS-1 districts, in
which adjoining lots contain buildings, the required depth of the front yard
shall be equal to the depth of the adjoining front yards provided that it
need not be greater than the front yard depth normally required in the
district.
(b) When the adjoining front yards are of varying depths, the required
front yard depth shall be equal to the shallowest existing front yard
provided that the Zoning Administrator may require a greater depth for
reasons of public safety, proposed road improvements, or consistency with the
overall building line along the street.
(c) No front yard shall have a depth of less than ten (10) feet unless
specifically permitted in the district regulations.
Sec. 36-404. Setback lines from major arterial highways.
In all districts the following regulations concerning setbacks from
major arterial highways identified on the current Roanoke Valley Area
Transportation Plan shall apply.
76
(a) No building or structure shall be erected, constructed,
reconstructed, moved, added to or structurally altered within or adjacent to
the right-of-way of any major arterial highway where such right-of-way
location can be determined by scale or can reasonably be determined by the
City Engineer from the current Roanoke Valley Area Transportation Plan or
from any preliminary or final highway plans from time to time developed and
approved by the Virginia Department of Highways, unless such building or
structure shall be set back at least twenty-five (25) feet from any rights-
of-way shown on such plans.
(b) The Board of Zoning Appeals may modify or waive the foregoing
limitations and restrictions, if such Board is satisfied that application of
such limitations and restrictions to a particular property, as applied to
that property, would be unreasonable and would have the affect of completely
depriving the landowner of the beneficial use of that property by precluding
all practical uses thereof.
Sec. 36-405. Frontage on cul-de-sacs.
In all residential districts, the minimum lot frontage requirements for
developments on cul-de-sacs shall be measured at the building line but in no
case shall the frontage at the road be less than thirty-five (35) feet.
Sec. 36-406. Access to street; location of structure on lot.
Every building hereafter erected or moved shall be on a lot which has
frontage on an improved public street. In the case of lots which existed
prior to the adoption of this chapter, access may be provided to a private
street which has been approved by the Department of Public Works, Office of
Community Planning and the Fire Department. Ail structures shall be so
located on lots as to provide safe and convenient access for servicimg, fire
protection and required off-street parking.
Sec. 36-407. Multiple structures on same lot.
In any district, except RS-i, RS-2, and RS-3 districts, more than one
structure housing a permitted use may be erected on a single lot or tract;
provided, that yard and other requirements of this chapter shall be met for
each structure, as though it were on an individual lot.
Sec.36-408. Calculation of minimum lot area.
Land underwater shall not be included in calculations to meet the
minimum lot area requirement.
Sec. 36-409. Exceptions to height limitations.
Except where Airport Zone Regulations would apply, the following
structures or portions of structures shall be exempt from the district
regulations governing the maximum height of structures:
(a) Church spires, belfries, cupolas, chimneys, flagpoles, whip
antennas less than eight (8) feet in length, and similar structures.
(b) Elevator penthouses, towers, and mechanical or electrical equipment
except satellite dishes, located on a roof provided that such features shall
be erected only to the height necessary to accomplish the purpose they are
77
intended to serve and the total area covered by such features shall not
exceed twenty (20) percent of the horizontal area of the roof on which they
are located.
(c) Parapet walls or cornices, without windows, which do not exceed the
maximum height requirement for the district in which they are located by more
than four (4) feet.
Sec. 36-410. Screening roof equipment.
In any district except an LM or HM district, all mechanical, electrical,
communication, air conditioning or other equipment including satellite dishes
located on the roof of a building shall be screened from view to the extent
that no more than one-half (~) the vertical height of said equipment may be
visible from an adjacent public street or from the same elevation of an
existing building on an adjacent lot.
Sec. 36-411. Satellite dish antennas.
(a) A satellite dish antenna shall not be located in the required front
or side yards in any residential or commercial district.
(b) Satellite dish antennas in excess of twelve (12) feet in diameter
shall require a basic development plan approval.
(c) Without restricting their operation, a satellite dish located on
the ground shall be screened from view from public streets and from adjacent
properties.
(d) Satellite dish antennas located on the building roof shall be
governed by the regulations for the maximum height of structures of the
applicable district.
Sec. 36-412. Temporary buildings and structures.
(a) Temporary buildings or structures may be permitted in any district
in connection with and on the site of building and land developments,
including grading, paving, installation of utilities, building construction
and the like, and such buildings or structures may include offices,
construction trailers, storage buildings, and signs provided that no such
permit shall be for a period of more than six (6) months, renewable by the
Zoning Administrator for additional periods of not more than six (6) months
each.
(b) Temporary buildings, structures, or tents, other than those used in
conjunction with city functions, may be used for public assembly in any
district by special exception granted by the Board of Zoning Appeals
provided:
(1) No such building, structure, or tent shall be permitted to remain
on a site for a period exceeding one (1) week;
(2) Sufficient space for parking shall be provided on the site to meet
the anticipated needs;
(3) Adequate provision shall be made for utility services;
78
(4) Such facility shall not be used between the hours of 10:00 p.m. and
8:00 a.m.; and
(5) No exterior amplifiers or speakers or other similar equipment shall
be permitted outside the building structure or tent.
Sec. 36-413. Utility facilities and equipment.
(a) Underground utility facilities shall be permitted principal uses in
any district.
(b) Unless specifically stated otherwise, utility lines and poles
providing power, telephone or cable service to surrounding uses shall be
permitted principal uses in any district.
Sec. 36-414. Distances separating uses.
Ail distances specified in this Chapter to separate uses shall be
measured from the closest property line of one use to the closest property
line of the other.
Sec. 36-415. Performance Standards.
(a) Any principal or accessory use, building or structure shall comply
with the performance standards set forth in this section for the district
involved.
(1)
Where an existing use, building or structure is extended, enlarged,
moved, structurally altered or reconstructed, the performance
standards shall apply with respect to the extended, enlarged,
moved, structurally altered or reconstructed building, structure,
use or portion thereof.
(2)
Performance standards as indicated shall be considered minimum
standards for all districts unless higher standards are
specifically set forth for such districts.
(b) If the zoning administrator finds, after making determinations in
the manner set forth in this section, that there is a violation of the
performance standards set, he shall take or cause to be taken lawful action
to eliminate such violation, and failure by any person to obey lawful orders
concerning cessation of such violation shall be deemed a violation of this
chapter.
(i)
Determinations necessary for the administration and enforcement of
performance standards range from those which can be made by a
reasonable person using normal senses without equipment to those
which require high technical competence and complex equipment.
(2)
The zoning administrator shall make or cause to be made by
qualified personnel such determinations prior to issuance of a
notice of violation. Costs associated with making such
determinations shall be assessed against the owner of the property
on which the violation occurs unless findings indicate no
violation, in which case the City shall bear the costs.
79
(c)
(1)
(2)
(3)
(~)
(1)
Noise.
For the purposes of measuring the intensity and frequencies of
sound, sound level meters and octave band filters shall be
employed. Noises produced by the operation of motor vehicles or
other transportation facilities shall not be included in
determining the maximum permitted decibel levels. Sounds of short
duration which cannot be measured accurately with the sound level
meter, shall be measured with the impact noise filter as
manufactured by General Radio Company or its equivalent, in order
to determine the peak value of the impact. For sounds so measured,
the sound pressure level set forth in the table below may be
increased by six (6) decibels.
Maximum permitted sound pressure level at or beyond any property
line:
Octave Band
(cycles/second)
Sound Pressure Level
(decibels)
0 - 74 79
75 - 149 74
150 - 299 66
300 - 599 59
600 - 1199 53
1200 - 2399 47
2400 - 4799 41
4800 and over 39
For any lot in a commercial or industrial district which abuts a
residential district or lot containing a residential use, the
maximum permitted decibel levels at any point at or beyond the
district boundary or abutting property line shall be reduced by six
(6) decibels from the maximum permitted level in the above table.
Vibration.
No activity shall cause or create a steady state or impact
vibration on a lot line on a district boundary between said
district and any district other than HMwith a vibration
displacement by frequency bands in excess of the maximum permitted
in the following table.
(2) Maximum permitted steady state and impact violation displacement:
Frequency
(cycle/second)
Vibration Displacement (in inches)
steady-state Impact
Under 10 .0005 .0010
10 - 19 .0004 .0008
20 - 29 .0003 .0006
30 - 39 .0002 .0004
40 and over .0001 .0002
8O
(e) Any activity producing humidity in the form of steam or moist air,
or producing heat or glare, shall be carried on in such a manner that the
steam, humidity, heat or glare is not perceptible at or beyond the district
boundary in which the activity is located.
(f) No use, activity, or process shall be conducted which produces
electromagnetic interference with normal radio or television reception.
Sec. 36-416. - 36-425. Reserved.
81
Division 2: Off-street Parking and Loading Requirements
Sec. 36-426. Intent.
The intent of these regulations is to ensure that all structures and
uses shall be provided with sufficient off-street parking and loading spaces
to meet the needs of employees, residents, visitors, clients and patrons.
Sec. 36-427. Application.
No certificate of occupancy shall be issued for any new structure or
use, any change of use, or any addition or enlargement of an existing
building or structure, until required off-street parking and loading spaces
have been established in accordance with the requirements of this Division.
Sec. 36-428. General Standards.
(a) There shall be no minimum parking or loading requirements
in the C-3 district.
(b) There shall be no minimum parking or loading requirements
in the CN district except for convenience stores, post offices, and
banks with a drive-through component and similar high traffic generators.
(c) In all districts except a CN and C-3 district:
(i)
Ail uses shall provide a sufficient number of parking
spaces to accommodate the number of vehicles that are
ordinarily likely to be attracted to the use in question.
(2)
Ail uses shall provide a sufficient number of parking
spaces to accommodate the peak number of employees on the
premises at the same time including peak shift periods
and periods when shifts overlap each other.
(3)
Where a non-residential use is located within five
hundred (500) feet of a public transit route, the total
number of required parking spaces, unassigned to specific
persons, may be reduced to eighty (80) percent of that
otherwise required under the provisions of this Division.
(4)
Where loading spaces are required pursuant to Section 36-433, said
spaces may be used in the calculation of parking requirements
provided:
(i) The loading spaces are not used for the pick up of
refuse;
(ii) The spaces are not used for loading or unloading purposes on a
regular basis;
(iii)The resulting parking is located on the same lot as
the use it is intended to serve.
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(5)
When a determination of the number of parking spaces required by
this Division results in a requirement of fractional spaces, any
fraction shall be counted as one (1) space.
Sec. 36-429. Table of parking requirements.
(a) In addition to the requirements of Section 36-428, the required
number of parking spaces for certain uses is set out in the Table of Parking
Requirements. For those uses not identified in the table, the Zoning
Administrator shall determine the required number of parking spaces using the
Table as a guide.
(b) Table of Parking Requirements:
USES
REQUIRED PARKING
Single Family detached dwelling
Mobile Home Parks
Two family dwellings
Town houses
Two (2) spaces for each dwelling unit
plus one (1) space for an accessory
apartment
One and one-half (1.5) spaces for
each dwelling unit
Multi-family apartments
One (1) space for each one (1) bed-
room dwelling unit and one and one-half
(1.5) spaces for each two (2) or more
bedroom dwelling unit except for multi-
family dwellings for the elderly
where one-half (.5) space shall be
required for each dwelling unit
Boarding and Rooming houses
Two (2) spaces for principal dwelling
plus one (1) space for each ranted room
School:
Elementary and secondary, trade,
vocational, art schools, colleges,
universities and community colleges
One (1) space for each employee plus
two (2) spaces for each elementary
school classroom, six (6) spaces
for each secondary school classroom
and for all others ten (10) spaces
per classroom
Residential day care homes
One (1) space for each employee in
addition to the parking requirement
for a single family detached dwelling
Churches, synagogues and other
places of worship, libraries,
museums, art galleries, clubs,
lodges, and fraternal organiza-
tions, union halls, and community
One (1) space for every five (5)
fixed seats or five (5) feet of bench
seating and one (1) space for every
three hundred (300) square feet of net
floor area, where no fixed seating is
provided
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USES REQUIRED PARKING
Indoor recreational uses including
bowling alleys, indoor tennis,
squash courts, fitness centers, and
and other similar uses
Theaters, coliseums, stadiums, and
other similar facilities
General and professional offices
Medical clinics
Medical offices
Hospitals including accessory
retail and service facilities
Service establishments
Restaurants and fast food
restaurants
Hotels, motels and inns
Bed and breakfast establishments
Retail establishments
Gas stations
Automobile painting and body shops,
repair establishments and cleaning
facilities
One (1) space for every three hundred
(300) square feet of net floor area
plus one (1) space for every five (5)
fixed seats or five (5) feet of bench
seating used for spectator purposes
One (1) space for every three hundred
(300) square feet of net floor area
One (1) space for every three hundred
(300) square feet of net floor area.
Where the net floor area exceeds fifteen
thousand (15,000) square feet, one (1)
space for every two hundred (200) square
feet of net floor area
One (1) space for every four (4)
patient beds plus one (1) space for
every three hundred (300) square feet
of net floor area used for purposes
other than patient rooms
One (1) space for every three hundred
(300) square feet of net floor area.
Where gross floor area exceeds fifty
thousand (50,000) square, one (1) space
for every two hundred (200) square feet
of net floor area
One (1) space for every two hundred
(200) square feet of net floor area
plus one (1) space for each employee
on duty at any one time
One (1) space for each rented room
Two (2) spaces for the principal
dwelling and one (1) space for every
two (2) rented rooms
One (1) space for every two hundred
(200) square feet of net floor area
used for retail purposes and one (1)
space for every four hundred (400) square
feet of floor area used for associated
storage assembly and repair of goods sold
on the premises.
One (1) space for every three hundred
(300) square feet of net floor area.
USES REQUIRED PARKING
Veterinary clinics
Kennels or stables
One (1) space for every three hundred
(300) square feet of net floor area.
Plant nurseries and greenhouses
One (1) space for every three hundred
(300) square feet of net floor area and
outdoor display area used for retail
purposes.
Sec. 36-430. Grouped parking.
In C-1 and C-2, districts, if the required off-street parking to be
provided exceeds 20 spaces, is grouped on the lot, remains unassigned to a
specific person, and serves more than one use, then the total number of
required parking spaces may be reduced to seventy (70) percent of that
otherwise required under the provisions of this Division.
Sec. 36-431. Joint use parking.
In all districts the required off-street parking for uses on the same or
adjoining lots may be provided in a single common facility subject to all of
the following:
(a) That all required off-street spaces are provided for each use during
periods of maximum combined use;
(b) That the common parking areas are located within three hundred (300)
feet of the principal use associated with such parking; and
(e) That a written parking plan is submitted and approved by the
Planning Commission or its agent.
Sec. 36-432. Off-site parking
Off-site parking areas shall be permitted in any district provided they
are located within three hundred (300) feet of the use which they are
intended to serve and within the same zoning district.
Sec. 36-433. General location, design and layout requirements.
The following requirements shall apply to all off-street parking lots
requiring or having four (4) or more parking spaces:
(a) Ail parking lots shall be surfaced with asphalt, concrete or other
impermeable surface to protect against pot holes, erosion and dust, unless
the City Engineer allows an alternative surface treatment in order to control
storm water runoff. Ail parking areas shall be bordered by a curb of
concrete, asphalt or other material acceptable to the City Engineer.
(b) Unobstructed access shall be provided to and from a public street,
and the parking lot shall be so designed as to not require the parking of any
vehicle across a sidewalk or maneuvering into a public right-of-way.
85
(c) No off-street parking spaces shall be located in the required front
yard in an RM-1 or RM-2 district or in a C-1 district.
(d) No off-street parking spaces shall be located in the required side
yard of a lot which abuts an RS-I, RS-2 or RS-3 district. Driveways serving
parking areas may be located in said side yards.
(e) No parking area shall be located closer than five (5) feet to a
property line.
(f) See Sec. 36-585 et seq. for required screening, shading and
landscaping.
Sec. 36-434. Loading requirements.
Except for single and two family dwellings, whenever the normal
operation of any use requires that goods, merchandise, equipment or refuse be
routinely delivered to or shipped from the lot the following regulations
shall apply.
(a) A sufficient off-street loading area must be provided to accommodate
delivery or shipment operations and refuse collection in a safe and convenient
manner.
(b) The loading area must be provided behind the rear line of the
required front yard and in such a way that no vehicle being maneuvered,
loaded or unloaded in connection with normal operations shall stand in or
project into any public street, walk, alley or right-of-way.
(c) No normal loading facilities may be used to satisfy the area
requirements for off-street parking, except as provided in Section 36-428.
(d) The loading area must be of sufficient size to accommodate the
numbers and types of vehicles that are likely to use the area. As a guide to
determine the number of spaces required, the following table is provided.
However, more or fewer spaces may be required to reasonably satisfy these
standards.
Gross Leasable Area of Buildin~ Number of Loading Spaces
1,000 - 69,999 1
70,000 - 79,999 2
80,000 - 127,999 3
128,000 - 191,999 4
192,000 - 255,999 5
Sec. 36-435° Parking of commercial vehicles.
(a) No vehicle licensed as a commercial vehicle, other than vehicles
not exceeding three-quarter (3/4) ton gross weight, school buses or emergency
vehicles, shall be permitted to park overnight in a residential district.
86
(b) No vehicle intended or designed to transport caustic, flammable,
explosive or otherwise dangerous materials shall be permitted to be parked
overnight in a residential district.
Sec. 36-436. Parking or storage of travel trailers, boats, etc.
Any owner of a travel trailer, motor home, boat and/or boat trailer,
truck camper, inhabitable bus or recreation vehicle may park or store, but
not inhabit for a period exceeding twenty-four (24) hours, such equipment in
a residential district or a CN or C-1 district provided that:
(a) It is licensed for the current year;
(b) It is located no closer to the street than the principal building.
(c) It is not over thirty-two (32) feet in length or nine (9) feet in
height.
(d) It is adequately screened from adjoining lots.
Sec. 36-437. - 36-439. Reserved.
87
Division 3: Sign Regulations
Sec. 36-440. Application
This Division shall apply to all signs except the following:
(a) Signs not exceeding one (1) square foot in sign area and bearing
only property numbers, post box numbers, or names of occupants of the
premises.
(b) Flags and insignias of any government, except when used in any
commercial display.
(c) Legal notices, identification, informational or directional signs
erected by a government body or required to be erected by a government body.
(d) Integral decorative or architectural features of buildings or
grounds, except letters, trademarks, moving parts, moving or apparently
moving lights or advertising in any form.
(e) Signs directing and guiding traffic on private property but bearing
no advertising matter.
Sec. 36-441. Sign area calculation; number of signs.
For the purpose of computing the number and area of signs, frontage of a
lot shall be established by orientation of the front of buildings thereon, or
of principal entrance points to the premises, if the front of the building
does not clearly indicate lot frontage. If neither of these methods is
determinant, the Zoning Administrator shall select one frontage on the basis
of traffic flow on adjacent streets, and the lot shall be considered to front
on the street with the greatest traffic flow.
Sec. 36-442.
Sign regulations in all residential districts and the RA
district.
No sign shall be permitted in any residential district except:
(a) In connection with a multi-family dwelling or a church, elementary
or secondary school, or other non-residential use:
(1) Not more than two (2) identification signs with a combined surface
area not exceeding twenty (20) square feet.
(2) Not more than two (2) bulletin or notice boards with a combined
surface area not exceeding thirty (30) square feet.
(3)
Not more than two (2) temporary signs or banners with a combined
surface area not exceeding twenty (20) square feet in connection
with special events, provided that no such sign or banner shall be
displayed longer than the duration of the special event, plus one
(1) week before it begins.
(4) No such sign shall be erected within ten (10) feet of any adjacent
residential property line.
88
(b) In advertising any property for sale, rent, or lease, signs with a
combined total surface area not exceeding five (5) square feet are permitted,
and in addition, for each one hundred and fifty (150) feet of lot line
adjacent to a public street, another five (5) square feet of signs are
permitted. No such signs shall be erected within ten (10) feet of any
adjacent residential property.
Notwithstanding any other provision of this subsection, in case of a
co-listing for sale purposes of a parcel of real property by two (2) real
estate agents, two (2) signs not to exceed five (5) square feet each shall be
permitted whenever this subsection would allow one (1) sign in the case of a
sole listing agent, and, upon the sale of a parcel of real property, the
selling real estate agent, if different from the listing agent, shall be
permitted to erect one (1) sign not to exceed five (5) square feet for a
period not to exceed thirty (30) days which shall not be counted against the
signage permitted on a parcel of real estate.
(c) For non-conforming uses, one sign not to exceed six (6) square feet
in area and not illuminated may be permitted. Such signs shall be mounted
flat against the wall of the principal building or more than twenty (20) feet
from the front lot lines and more than ten (10) feet from the side or rear
lot lines.
(d) Outdoor advertising signs identifying a neighborhood provided such
signs entail no commercial advertising other than the name and/or logo of the
neighborhood and provided such sign shall have a maximum sign area of sixteen
(16) square feet and shall be non-illuminated.
(e) No flashing or animated sign shall be permitted and no source of
illumination for any sign or premises shall be directly visible from off the
property.
(f) For temporary structures and operations, one sign, not to exceed
fifty (50) square feet in area may be erected not closer than twenty feet to
any public street and not closer than ten (10) feet to any side or rear
property line.
Sec. 36-443. Sign regulations for the CN and C-1 districts.
The following sign regulations shall apply in the CN and C-1 districts:
(a) For permitted residential uses: as permitted in Section 36-441.
(b) For additional uses: One (1) sign, with a surface area not
exceeding ten (10) square feet for each ten (10) lineal feet of lot adjoining
a major public street or for each twenty (20) lineal feet of lot adjoining a
minor public street, will be permitted subject to the following conditions:
No sign shall extend above any portion of the roof of the building
nor be erected on or overhang any public street or alley, except to
within one (1) foot of the curb line or pavement edge where no curb
exists. Such signage shall be erected in accordance with Section
27.1-2 of the City Code.
89
(2)
When any sign is lighted, such lights shall be shaded so that they
will in no way interfere with the vision of motorists or with
neighboring residents.
(3)
In the C-1 district only, one (1) sign structure with only shaded
illumination and with a total sign area not exceeding fifteen (15)
square feet may be erected in a required yard adjacent to a street,
provided that it shall not impede or block the vision of motorists.
Sec. 36-444. Sign regulations in the C-2, C-3, LM and HM districts.
The following sign regulations shall apply in the C-2, C-3, LM and HM
districts:
(a) Not more than two (2) sign structures, which structures shall
include a total of not more than three (3) signs with a combined surface area
not exceeding one hundred fifty (150) square feet may be erected in any
required yard adjacent to a public street for up to the first one hundred
fifty (150) feet of lot frontage. For each additional seventy five (75) feet
of lot frontage, one additional sign structure and one additional sign may be
erected. For each additional three (3) feet cf lot frontage after the first
one hundred fifty (150) feet of lot frontage, two (2) additional square feet
of sign surface area is permitted.
(b) The combined surface area of all signs on a lot, including any
signs erected in a required yard, shall not exceed five (5) square feet for
each foot of lot frontage for the first one hundred (100) feet of lot
frontage, with an additional two and one half (2.5) square feet of surface
area for each foot of lot frontage in excess of the first one hundred (100)
feet of lot frontage for up to two hundred (200) feet of lot frontage, and
with an additional one (1) square foot of surface area permitted for each one
(1) foot of lot frontage in excess of the first two hundred (200) feet of
such frontage. For the purpose of computing the combined surface area of all
signs permitted on corner lots and through lots, only one lot frontage, as
defined in this chapter, shall be used.
(c) Outdoor advertising structures shall be permitted in the C-2, C-3,
LM and HM districts and shall not exceed three hundred (300) square feet of
surface area in the C-2 and C-3 districts and six hundred and seventy two
(672) square feet of surface area in the LM and HM districts, with an
additional allowance for embellishments of not more than ten (10) percent of
the sign surface area.
(d) For shopping centers, ground signs shall be limited to one sign per
street frontage, and wall signs shall be permitted for each establishment
therein, subject to such limitations as may be set out in this chapter.
(e) In addition to signs enumerated above, one or more signs with a
total combined surface area not exceeding twenty (20) square feet may be
displayed to advertise the premises on which erected for sale, rent or lease.
Sec. 36-445. Additional sign regulations.
In all districts, the following additional sign regulations shall be
applicable:
9O
(a) Notwithstanding the provisions of this chapter, no outdoor
advertising sign, structure, outdoor displays or display space provided on a
lease or rental basis shall be erected:
(1) Within two hundred and fifty (250) feet from the boundary line of
any residential district.
(2)
Within two hundred and fifty (250) feet from the property line of
any public schools, library, church sanctuary, museum, or public
park.
(3) Within two hundred and fifty (250) feet from another such sign on
the same side of the same street.
(4)
Within two hundred and fifty (250) feet from the nearest edge of
the right-of-way of 1-581 and the Roy L. Webber Expressway
(Southwest Expressway).
(5) Within six hundred and sixty (660) feet of the nearest edge of the
right-of-way of the Blue Ridge Parkway.
(b) Double-decker stacked billboards and double-decker poster boards
are prohibited in all districts.
(c) Roof signs are prohibited in all districts, except that roof signs
identifying a business on the premises where such sign may be erected when
the topography of the land would preclude vision of permitted ground or wall
signs from automobiles on nearby primary streets or highways serving the
business provided that under no circumstances shall any roof sign cause a
structure to exceed the maximum height permitted in the particular district.
(d) Ail signs shall be erected in conformance and compliance with
those portions of Chapter 7, Title 33 of the Code of Virginia (1950), as
amended, which by the provisions of that chapter are made applicable to areas
of the city within six hundred sixty (660) feet of the nearest edge of the
right-of-way of any interstate or federal-aid-primary highway, as defined in
Chapter 7 of Title 33.
Sec. 36-446. Height of signs.
The maximum height of any ground sign or outdoor advertising sign shall
be twenty-five (25) feet except where the topography of the land would
preclude vision of such a sign from automobiles on streets abutting the lot
on which the sign is located, in which case such sign shall not exceed forty
(40) feet in height, provided that in no case shall any sign structure be
higher than twenty-five (25) feet above the level of the abutting street.
Sec. 36-447. - 36-459. Reserved.
91
Division 4: Town Houses
Sec. 36-460. Application.
The regulations contained in this division shall be applicable in any
district in which town houses are a permitted use.
Sec. 36-461. General guidelines.
It is the intent of this chapter that town houses:
(a) Be appropriately intermingled with other compatible types of
housing;
(b) Shall not form long, unbroken lines of row housing; and
(c) Shall constitute groupings making efficient, economical,
comfortable and convenient use of land and open space and serve the public
purposes of zoning by means alternative to conventional arrangements of yards
and buildable areas.
Sec. 36-462. Design criteria.
In line with the general considerations set out in this division:
(a) Not more than six (6) contiguous town houses shall be built in a
row with the same or approximately the same front line, and not more than
twelve (12) town houses shall be contiguous.
(b) Width of Lot: Minimum width for the portion of the lot on which
each unit is to be constructed shall be eighteen (18) feet.
(c) Lot area and frontage requirements for a building housing town
house units shall be as set out in the district in which it is located.
(d) Yards shall be as required in the applicable district except that
interior dwelling units shall be exempt from required side yard provisions.
Where a lot containing a town house abuts a lot containing a single family
dwelling or a lot which is zoned RS-i, RS-2, or RS-3, said abutting yard
shall have a minimum width of ten (10) feet.
(e) Separation requirements: No portion of a town house or accessory
structure in or related to one group of contiguous town houses shall be
closer than twenty (20) feet to any portion of a town house or accessory
structure related to another group.
(f) Grouped parking facilities: Off-street parking facilities may be
grouped in bays, either adjacent to streets or in the interior of the lot.
No off-street parking space shall be more than one hundred (100) feet, by the
most direct pedestrian route, from a door of the dwelling unit it is intended
to serve.
Sec. 36-463. Subdivision.
Nothing in this Chapter shall prevent the creation of a subdivided lot
for individual dwelling units within a town house development.
Sec. 36-464. - 35-479. Reserved.
92
Division 5: Adult Uses
Sec. 36-480. Application.
In any district in which a use is otherwise permitted, if such use
constitutes an "adult use," as defined herein, the minimum requirements and
standards set out in this division shall apply to such use.
Sec. 36-481. Definition.
In this Division, unless the context otherwise requires, the following
words and terms are defined as set out herein:
Adult bookstore: An establishment that devotes more than fifteen (15)
percent of the total floor area utilized for the display of books and
periodicals to the display and sale of the following:
(a) Books, magazines, periodicals or other printed matter, or
photographs, films, motion pictures, video cassettes, slides, tapes, records
or other forms of visual or audio representations which are characterized by
an emphasis upon the depiction or description of "specified sexual
activities" or "specified anatomical areas"; or
(b) Instruments, devices or paraphernalia which are designed for use in
connection with "specified sexual activities."
An adult bookstore does not include an establishment that sells books or
periodicals as an incidental or accessory part of its principal
stock-in-trade and does not devote more than fifteen (15) percent of the
total floor area of the establishment to the sale of books and periodicals.
Adult use: Any adult book store, adult motion picture theatre, adult
mini-motion picture theatre, adult motion picture arcade, adult model studio,
adult drive-in theatre, or massage parlor, as defined herein.
Adult motion picture theatre: An establishment, with a capacity of
fifty (50) or more persons, where, for any form of consideration, films,
motion pictures, video cassettes, slides or similar photographic
reproductions are shown; and in which a substantial portion of the total
presentation time is devoted to the showing of material which is
distinguished or characterized by an emphasis upon the depiction or
description of "specified sexual activities" or "specified anatomical areas"
for observation by patrons.
Adult mini-motion picture theatre: An establishment, with a capacity of
more than five (5) but less than fifty (50) persons, where, for any form of
consideration, films, motion pictures, video cassettes, slides or similar
photographic reproductions are shown, and in which a substantial portion of
the total presentation time is devoted to the showing of material which is
distinguished or characterized by an emphasis upon the depiction or
description of "specified sexual activities" or "specified anatomical areas"
for observation by patrons.
Adult motion picture arcade: Any place to which the public is permitted
or invited wherein coin or slug-operated or electronically, electrically or
mechanically controlled still or motion picture machines, projectors, or
other image producing devices are maintained to show images to five (5) or
fewer persons per machine at any one time, and where the images so displayed
are distinguished or characterized by an emphasis on depicting or describing
"specified sexual activities" or specified "anatomical areas."
Adult drive-in-theatre: An open lot or part thereof, with appurtenant
facilities, devoted primarily to the presentation of motion pictures, films,
theatrical productions and other forms of visual productions, for any form of
consideration, to persons in motor vehicles or on outdoor seats, and
presenting material distinguished or characterized by an emphasis on matter
depicting, describing or relating to "specified sexual activities" or
"specified anatomical areas" for observation by patrons.
Adult model studio: Any establishment open to the public where, for any
form of consideration or gratuity, figure models who display "specified
anatomical areas" are provided to be observed, sketched, drawn, painted,
sculptured, photographed, or similarly depicted by persons, other than the
proprietor, paying such consideration or gratuity.
This provision shall not apply to any school of art which is operated by
an individual, firm, association, partnership, corporation or institution
which meets the requirements established in the Code of Virginia (1950), as
amended, for the issuance or conferring of, and is in fact authorized
thereunder to issue and confer, a diploma.
Massage parlor: Any establishment defined as a massage parlor by
Section 21-135 of this Code.
Specified anatomical areas:
(a) Less than completely and opaquely covered:
(1) Human genitals, pubic region,
(2) Buttock, and
(3) Female breast below a point immediately above the top of the
areola; and
(b) Human male genitals in a discernibly turgid state, even if
completely and opaquely covered.
Specified sexual activities:
(a) Human genitals in a state of sexual stimulation or arousal;
(b) Acts of human masturbation, sexual intercourse or sodomy; and
(c) Fondling or other erotic touching of human genitals, pubic region,
buttock or female breast.
Sec. 36-482. Requirements and standards.
(a) No adult use may be established within one thousand (1,000) feet of
any other such adult use in any zoning district.
(b) No adult use r~ay be established within five hundred (500) feet of a
residentially zoned district, or a school, educational institution, church,
public park, playground, playfield or day care center.
(c) The "establishment" of an adult use as referred to herein shall
include the opening of such business as a new business, the relocation of
such business, the enlargement of such business in either scope or area, or
the conversion, in whole or part, of an existing business to any adult use.
Sec. 36-483. Measurement of distance.
Ail distances specified in this division shall be measured from the
property line of one use to another. The distance between an adult use and a
residentially zoned district shall be measured from the property line of the
use to the nearest point of the boundary line of the residentially zoned
district.
Sec. 36-484. - 36-499. Reserved.
95
Division 6: Home Occupations
Sec. 36-500. Application.
(a) Regulations of this division shall apply to home occupations and
personal service home occupations in any district in which they are a
permitted use.
(b) Home occupations except those defined as personal service home
occupations, shall be permitted as accessory uses in any residential district
and the RA district subject to the requirements of Section 36-501.
Sec. 36-501. General requirements - home occupations.
(a) No person other than family members residing on the premises shall
be engaged in such occupation.
(b) The home occupation shall be clearly incidental and subordinate to
the primary use of the dwelling as a residence; and not more than twenty-five
(25) percent of the gross floor area of the dwelling shall be used in
conjunction with the home occupation.
(c) There shall be no change in the outside appearance of the dwelling,
and no display of goods visible from the street or an adjoining property.
(d) No home occupation shall be conducted in any accessory building.
(e) There shall be no on-premises sales in connection with the home
occupation which entails customers traveling to the dwelling.
(f) There shall be no outside display or storage associated with the
home occupation.
(g) No equipment or processes not normally associated with a single
family detached dwelling or which cannot be accommodated on existing utility
or standard electrical services shall be permitted.
(h) No traffic shall be generated, by such home occupation, in greater
volumes than would normally be expected in a residential neighborhood.
Sec. 36-502. - 36-509. Reserved.
96
Division 7: Day Care Centers and Day Care Homes
Sec. 36-510. Application.
In any district in which a day care center or day care home is permitted,
the minimum requirements and standards set out in this division shall apply.
Sec. 36-511. General requirements for all day care centers.
(a) Ail day care centers shall be required to provide outdoor fenced
play areas at the rate of seventy-five (75) square feet per child for the
number of children in the play area at any given time.
(b) Outdoor play areas shall be no closer to the street than the main
building and shall be fenced to provide a safe enclosure for the children.
Sec. 36-512. Day care homes.
In addition to the requirements set out in Section 36-511, day care
homes shall conform to the following requirements:
(a) Day care homes shall operate out of a single family detached
dwelling only;
(b) Such a dwelling shall conform to the requirements of the district
in which it is located;
(c) The operator of the day care home shall live in the dwelling; and
(d) No signage other than that permitted in the district in which the
day care home is located shall be permitted.
Sec. 36-513. - 36-519. Reserved.
97
Division 8: Bed and Breakfast Establishments
Sec. 36-520. Application.
In any district in which bed and breakfast establishments are permitted,
the minimum requirements and standards set out in this division shall apply.
Sec. 36-521. General requirements.
(a) The establishment shall be located within a single family detached
dwelling which existed at the time this chapter was adopted.
(b) No exterior changes to the structure shall be permitted unless such
a change is required by the Zoning Administrator for safety purposes or the
change can be shown to be in harmony with the structure's architectural and
historic value.
(c) The establishment shall not be located closer than 1,500 feet to
any other bed and breakfast establishment where the establishment is
permitted by Special Exception.
(d) Commercial restaurant facilities shall not be permitted in
connection with such establishments.
Sec. 36-522. Establishment requirements.
(a) No more than four (4) rooms shall be rented to overnight guests and
no more than two (2) guests per room shall be permitted.
(b) The owner of the building shall live in the building.
(c) Rooms shall be rented only on a daily basis.
(d) One sign, attached to the building shall be permitted. Said sign
shall have a sign area not exceeding two (2) square feet and shall be
non-illuminated.
(e) Only accessory uses, structures or buildings which are incidental
and subordinate to a single family detached dwelling shall be permitted in
conjunction with a bed and breakfast establishment.
Sec. 36-523. - 36-529. Reserved.
~8
Division 9: Accessory Uses and Structures
Sec. 36-530. Application.
Where a principal use is permitted such use shall be deemed to include
accessory uses and structures as defined in this Chapter.
Sec. 36-531. General requirements.
(a) Accessory uses shall not include the conduct of trade unless
permitted in conjunction with a permitted use.
(b) Accessory uses shall be located on the same lot as the principal
use which it serves.
(c) In a commercial or industrial district, parking requirements
associated with the accessory use shall be determined based on the specific
activity of the accessory use and said parking shall be in addition to the
parking requirements of the principal use.
(d) Accessory structures shall not be used for human habitation unless
otherwise specifically permitted in this Chapter.
(e) Accessory structures shall be located no closer to a public street
than the main building except that parking garages or parking structures may
be located closer to the street than the main building but shall adhere to
the front yard setback required in the district regulations.
(f) Accessory structures may be located no closer than five feet to a
rear lot line except that swimming pools shall adhere to the yard
requirements of the principal building.
(g) Side yard requirements for accessory uses shall be the same as
required for the principal use in the district in which it is located.
(h) Accessory uses shall be subject to the same screening and shading
requirements of this chapter as may apply to the principal use.
(i) Accessory structures shall be located not closer than six (6) feet
to another principal or accessory structure.
Sec. 36-532. - 36-539. Reserved.
99
Division 10: Accessory Apartments
Sec. 36-540. Intent.
It is the specific intent of this Division to allow accessory apartment
in single-family houses in the RS-2 and RS-3 districts by special exception
to provide the opportunity and encouragement for the development of small
dwellings designed, in particular, to meet the special housing needs of
single persons and couples of modest income, both young and old. It is the
intent of these provisions to allow and encourage the more efficient use of
the city's existing housing stock, to preserve the city's historic structures
and to provide an incentive for their maintenance. It is also the intent of
these regulations to assure that the single family character of the property
will be maintained and that the accessory apartment remain subordinate to the
primary living quarters. To help achieve these goals, specific standards are
set forth in this Division and shall be complied with to the satisfaction of
the Board of Zoning Appeals in the granting of a special exception.
Sec. 36-541. General requirements.
(a) Any accessory apartment shall be located in a single family
detached dwelling provided such dwelling existed at the time this Chapter was
adopted.
(b) Subsection (a) notwithstanding, in an H-1 or H-2 District an
accessory apartment may be located in an accessory building provided said
building existed at the time this Chapter was adopted and the use or
conversion of the building is in keeping with the character of the district.
(c) There shall be no more than one (1) accessory apartment permitted
per single family detached dwelling.
(d) At no time shall there be more than one (1) additional bedroom
created by the provision of the accessory apartment. The accessory
apartment may not be larger than 25% of the gross floor area of the principal
(e) No exterior changes shall be made to the existing foundation unless
the Board of Zoning Appeals finds that such changes are warranted by the
specific circumstances of the particular building. Accessory apartments
shall be located, designed, constructed, landscaped and decorated in such a
manner that, to the maximum extent feasible, the appearance of the principal
building will remain as a single-family detached dwelling. No exterior
stairway to the second floor shall be permitted at the front or side of the
building.
(f) The owner(s) of the single family detached dwelling in which the
accessory apartment is to be located shall occupy at least one (1) of the
dwelling units on the premises.
Sec. 36-542. - 36-549. Reserved.
100
Division 11: Special Uses in Historic Structures.
Sec. 36-550. Intent.
The intent of this Division is to assist in the preservation of the
cultural heritage of the City of Roanoke by allowing specialized uses in
structures of historic merit.
Sec. 36-551. Application.
This Division shall apply to any building in an H-1 or H-2 district
which is on the Virginia Landmarks Register or the National Register of
Historic Places or is eligible for inclusion on such registers.
Sec. 36-552. Uses permitted by special exception.
The following uses may be permitted by special exception granted by the
Board of Zoning Appeals:
(a) arts and craft studios
(b) art galleries
(c) antique shops/rare book, coin or stamp shops
(d) community centers
(e) professional offices
(f) multi-family apartments
Sec. 36-553. General standards.
(a) A certificate of appropriateness shall have been issued by the
Architectural Review Board prior to the Board of Zoning Appeals taking action
on the application for a special exception.
(b) The proposed use is compatible with the neighborhood and activities
permitted within the structure can adequately be buffered from any
surrounding residential use.
(c) The resulting traffic generation will not overburden existing roads
and adequate parking can be provided without unduly destroying the landscape
or the setting of the structure.
(d) The proposed use is appropriate to the structure and will aid in
the preservation of the structure.
Sec. 36-554. - 36-559. Reserved.
lO1
Division 12: Group Care Facilities
Sec. 36-560. Intent.
The intent of these regulations are to permit the development of group
care facilities in appropriate locations throughout the City; to ensure
compatibility of these uses within the neighborhoods in which they are
located and to establish standards to encourage an adequate quality of
service to the users of such facilities.
Sec. 36-561. Application.
The regulations of this Division shall apply to all group care
facilities.
Sec. 36-562. Standards.
(a) For those group care facilities specifically permitted by special
exception in an RS-i, RS-2, RS-3 or RM-1 district, the following standards
shall apply:
(1) The maximum number of occupants shall be eight (8) including
supervisory personnel and family members living on the premises;
(2) No group care facility shall be located closer than one thousand
five hundred (1,500) feet to another group care facility;
(3) Recreational space shall be available on the lot;
(4) No signage, other than that normally permitted in a residential
district, shall be permitted;
(5) No changes shall be made to the exterior of a building that would
detract from its appearance as a family dwelling; and
(6) Parking shall be adequate to accommodate the needs of the staff and
residents.
(b) For those group care facilities specifically permitted in an RM-2,
RM-3, RM-4, C-i, C-2, or C-3 district, the following standards shall apply:
(l)
The number of occupants, including supervisory personnel and family
members living on the premises, shall be based on the following
schedule:
(i) In an RM-2 district: three (3) occupants for every two
thousand five hundred (2,500) square feet of lot area;
(ii) In an RM-3 district: three (3) occupants for every one
thousand eight hundred (1,800) square feet of lot area;
(iii)In an RM-4 district: three (3) occupants for every one
thousand (1,000) square feet of lot area; and
(iv) In a C-I, C-2 or C-3 district: three (3) occupants for every
one thousand (1,000) square feet of lot area.
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(2)
(3)
(4)
(5)
(6)
36-563. - 36-569.
The maximum number of occupants in a group care facility shall not
exceed twenty-five (25) except where a special exception has been
granted by the Board of Zoning Appeals;
No group care facility shall be located closer than one thousand
five hundred (1,500) feet to another group care facility;
Each group care facility shall provide one hundred (100) square
feet of open space per occupant;
On-site parking and exterior activity areas shall be screened from
adjoining properties; and
Parking shall be adequate to meet the needs of staff and residents.
Reserved.
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ARTICLE V: DEVELOPMENT PLAN REGULATIONS
Division 1: Development Plan Review
Sec. 36-570. Intent.
The intent of the development plan regulations is to ensure compliance
with the general purpose of this Chapter and the comprehensive plan and to
maintain or enhance the character and integrity of neighborhoods and
commercial areas by promoting excellence of development, preventing traffic
hazards or congestion, preventing undue land or site hazards, and encouraging
the most appropriate development and use of land in harmony with the
neighborhood.
Sec. 36-571. Application.
(a) Ail applications for a zoning permit require pursuant to Section
36-671 shall be accompanied by either a basic or comprehensive development
plan except that structures or additions costing less than five thousand
dollars ($5,000) may be exempted from the requirements of this Division by
the Zoning Administrator.
(b) A basic or comprehensive development plan is intended to represent
graphically all components of a proposed development required for review
pursuant to this Division. Development plans may include, where necessary,
written data or computations and additional plans or drawings necessary to
explain clearly the proposed development.
Sec. 36-572. When development plans required.
(a) A comprehensive development plan shall be submitted with all zoning
permit applications except in the following cases:
(1)
Construction, reconstruction, moving or addition to a single family
detached dwelling or permitted accessory structure and including
associated grading and clearing;
(2)
Construction, reconstruction, moving or addition to a duplex and
including associated grading and clearing, when development is not
in conjunction with the construction, reconstruction, moving or
addition to other duplexes on the same lot or on an adjacent lot
under the same ownership;
(3)
Additions to buildings or uses which do not result in an increase
of greater than ten (10) percent of the floor area of a building
and where the number of required parking spaces is increased no
more than three (3) spaces; and
(b) In those cases where a comprehensive development plan is not
required, a basic development plan shall be submitted.
(c) Ail applications for a zoning permit which require development plan
review shall be accompanied by two (2) copies of a basic development plan or
five (5) copies of a comprehensive development plan.
104
Sec. 36-573. General review guidelines.
Review of a development plan shall entail consideration of all aspects
of the proposed development necessary to carry out the intent of this
Division and shall include a review of:
(a) The compatibility of the development with its environment and
provision for such things as grading, screening, lighting, and landscaping;
(b) The ability of the development to provide for the convenient and
safe internal and external movement of vehicles and pedestrians; and
(c) The location and adequacy of necessary drainage, sewage, utilities,
and erosion and sediment control measures.
Sec. 36-574. Preliminary meeting.
Prior to a formal submission of a development plan for review and
approval, the applicant should meet with the Zoning Administrator to
determine whether a basic or comprehensive development plan is required and
what information must be provided in either case.
Sec. 36-575. Submission procedures - basic development plan.
(a) Ail applications for a zoning permit that are required to be
accompanied by a basic development plan shall be filed with the Zoning
Administrator along with all required fees. The Zoning Administrator shall,
within a period of ten (10) days, approve or deny the application. In the
case of denial, the Zoning Administrator shall inform the applicant, in
writing, of the reasons for denial.
(b) A basic development plan shall be prepared in a clear and legible
manner, drawn to scale and shall include the following information:
(1) Name and address of the property owner and the name and address of
the architect, engineer, landscape architect or surveyor, if any;
(2) Official tax appraisal number, current zoning and any public or
private easements or special conditions applicable to the property;
(3) Accurate dimensions and shape of the lot (plot plan);
(4)
Use, location, size and height of existing or proposed buildings,
structures, or buildings to be removed and the location, height and
sign area of any existing or proposed signs;
(5)
Number, location, and dimensions of on-site parking and loading
spaces, and entrances to the site, driveways and all other paved
areas;
(6) Front yard setback of principal buildings, if any, on adjoining
lots on both sides of the subject lot;
(7) For all property located in a flood plain district as created by
this Chapter, the mean sea level elevations shall be given for:
(i) The one hundred year flood plain and floodway;
105
(ii) The bottom of the lowest structural member of the lowest floor of
all buildings and structures;
(iii)The level to which the building or structure is or will be
floodproofed;
(8) Such other information as may be required by the Zoning
Administrator to determine compliance with this Chapter.
Sec. 36-576. Submission procedures - comprehensive development plan.
(a) Ail applications for a zoning permit which are required to be
accompanied by a comprehensive development plan shall be filed with the
Zoning Administrator along with all required fees. The comprehensive
development plan shall be referred to the Agent for review and approval in
accordance with Section 36-577.
(b) The Agent shall coordinate the review of the comprehensive
development plan with the City Engineer and/or other affected departments.
The Agent shall thereafter contact the applicant or his representative within
a period of fifteen (15) days with one of the following notifications:
(1)
Notification in writing to the applicant that information on the
development plan is incomplete, in error or lacking in detail. The
Agent shall at that time give notice of the additional information
required, or necessary revisions that need to be made to the
development plan.
(2)
Notification in writing to the applicant that the development plan
is sufficient in required information and accuracy and is under
review.
(3)
Notification in writing to the applicant or his representative that
the development plan must be reviewed by the Planning Commission at
its next regular scheduled meeting.
(c) A comprehensive development plan shall be prepared in a clear and
legible manner, drawn to scale and shall include the following information:
(1) Ail information required to be included on a basic development plan
pursuant to Section 36-575;
(2) North arrow, scale, date and vicinity map showing streets within
one thousand (1,000) feet of the property;
(3)
Existing and proposed property contours at two (2) foot intervals,
unless the terrain dictates five (5) foot intervals, and any
physical features such as streams, ponds, and rock outcrops;
(4)
The location and size of all existing and proposed streets
(including those shown on the City's thoroughfare element of the
comprehensive plan);
(5)
Existing and proposed alleys, sidewalks and sidewalk crossings,
curbs and gutters, parking and loading spaces, and other traffic
related facilities such as frontage roads and acceleration and
deceleration lanes;
106
(6)
Location, design and size of all utility facilities and related
easements including storm water management features, erosion and
sediment control plans (pursuant to Chapter 11 of this Code) and
refuse storage facilities.
(7)
Total area of the property to be covered by buildings (lot
coverage), the gross floor area to be put to each proposed use and
the total number of dwelling units by type or the maximum number of
employees to work therein during peak shift periods;
(8)
All existing or proposed grassed areas, existing trees over six (6)
inches in caliper (or in the case of large stands of trees, the
existing tree line), location, size and type of all proposed and
required landscaping materials, walls, fences and other similar
features.
(9) Such other information as may be required by the Agent to determine
conformance with this Chapter.
Sec. 36-577. Review process - comprehensive development plan.
(a) The Agent shall process, coordinate and review all development
plans expeditiously. The Agent shall approve or disapprove all comprehensive
development plans except those specifically requiring Planning Commission
review, as set out in subsection (c) below, within thirty (30) days of
notifying the applicant pursuant to Section 36-576(b) that all required
information has been received.
(b) The Agent, applicant or Planning Commission may request that a
comprehensive development plan be reviewed and approved by the Planning
Commission.
(c) Planning Commission review and approval shall be required of all
comprehensive development plans proposing any of the following developments:
(1)
Any multi-family apartment composed of twenty (20) or more dwelling
units, on a tract of land that abuts an RA, RS-i, RS-2 or RS-3
district;
(2) Any non-residential use on a tract of land exceeding two (2) acres
in area that abuts a residential district; or
(3)
Any development which includes the construction of a building or
buildings which are ten (10) or more stories in height or in excess
of one hundred thousand (100,000) square feet of total gross floor
area.
(d) Ail required plans and information to be submitted to the Planning
Commission must be submitted at least ten (10) days prior to the scheduled
meetings of the Commission.
(e) The Agent may prepare a report outlining the various and particular
aspects of the plan, with recommendations for the Planning Commission's
consideration.
107
(f) The Agent shall inform the applicant, in writing, of the Planning
Commission's decision. If the applicant revises the development plan he shall
submit five copies of the revised development plan to the Agent for final
approval.
Sec. 36-578. Signature required on approved comprehensive development plan.
(a) Ail approved comprehensive development plans shall be signed by the
Agent and the City Emgineer.
(b) Upon receipt of an approved and signed copy of the comprehensive
development plan and provided that all other requirements of this Chapter
have been met, the Zoning Administrator shall issue a zoning permit to the
applicant.
Sec. 36-579. Expiration of approval.
An approved basic or comprehensive development plan shall expire and be
null and void unless a building permit for construction of substantial
elements of the plan has been issued within a period of six (6) months after
approval.
Sec. 36-580. Changes to approved development plan.
If it becomes necessary for an approved basic or comprehensive
development plan to be changed, such changes may be made with the approval of
the zoning administrator and, in the case of a comprehensive development plan
the Agent and the City Engineer. If a proposed change will, in the opinion
of the Agent, or City Engineer substantially affect the terms of the original
approval, a new plan may be required to be drawn and submitted for review and
action in accordance with the provisions of this Chapter.
Sec. 36-581. Building permits and certificates of occupancy.
Ail building permits and certificates of occupancy shall require
compliance with the provisions of the approved basic or comprehensive plan or
development plan.
Sec. 36-582. Storm water management.
For all developments required to submit a comprehensive development
plan:
(a) Where erosion and sediment controls for the development are
required by the provisions of Chapter 11, Erosion and Sediment Control of
this Code, an erosion and sediment control plan shall be provided for and
implemented as required.
(b) The design of all drainage improvements shall be based on runoff to
be anticipated from a ten (10) year frequency storm, or greater if conditions
necessitate, based on conditions before development with no increase in the
rate of runoff after development. Calculations supporting such design shall
be furnished as a part of the plan. The entire area tributary to the
proposed development shall be considered in the design. Unless otherwise
agreed to by the City Engineer, the entire area shall be considered as if it
were fully developed.
108
(c) Where a proposed development includes more than one (1) lot, a
conunon storm water management system, serving all of the lots included in the
development, shall be provided, unless otherwise approved by the City
Engineer.
Sec. 36-583. Driveways.
The following requirements shall apply to all developments which are
required to submit a comprehensive development plan:
(a) The location of all pedestrian and vehicular traffic related
facilities including driveways, sidewalks, curbs and gutters, sidewalk
crossings, entrances, exits, frontage roads, acceleration and deceleration
lanes, and off-street parking shall be as required and approved by the City
Engineer.
(b) The joint use of driveways, frontage roads and parking areas is
strongly encouraged along collector and arterial streets and roads.
See.36-584. Grading and clearing.
(a) Grading and clearing shall be judged by the extent to which the
following standards are addressed:
(1) Grading should be the minimum necessary to permit safe and
efficient development on the site;
(2) Visual buffers created by topography or existing vegetation should
be maintained;
(3) Natural drainage patterns should be maintained or improved;
(4)
Grading and clearing should result in development patterns which
reflect the variations in the natural topography and vegetation of
the site and the surrounding neighborhood.
(b) In addition to the above standards, grading and clearing within
required yards and setbacks shall not be permitted except where necessary for
access, parking or traffic movement, drainage, utilities or other similar
reasons unless carried out in conjunction with an approved development plan.
(c) Grading shall not be permitted within ten (10) feet of any trees
required to be preserved, pursuant to Section 36-585 of this Chapter.
Sec. 36-585. Landscaping.
The following requirements shall apply to all developments which are
required to submit a comprehensive development plan:
(a) The Zoning Administrator shall have the authority to require the
replacement of trees destroyed during site development. During development,
reasonable efforts shall be made to preserve and protect:
(1) Trees of six (6) inch caliper or larger and ornamental trees;
109
(2)
Trees within required setbacks, along property boundaries or within
twenty (20) feet of streams or lakes, unless necessary to remove
for access, traffic circulation, utilities, drainage or similar
reason.
(3) Streams in their natural condition.
(b) A landscape screen, a minimum of ten (10) feet wide, which provides
a dense, year-round visual and noise obstruction of no less than six (6) feet
in height and including deciduous trees spaced no more than fifty (50) feet
apart, said trees having a 2-2½ inch caliper at planting, shall be required
as follows:
(i)
In any required yard of a lot containing a multi-family apartment,
town house, mobile home park or mobile home park subdivision.where
said yard abuts a lot containing a single family detached dwelling
or two-family dwelling or which abuts a lot zoned RS-i, RS-2 or
RS-3;
(2)
In any required yard of a lot containing a co~nercial, industrial
or other non-residential use where said yard abuts a lot containing
a residential use or a lot which is zoned residential; and
(3)
Along the side of outdoor storage areas, except automobile and
other retail display areas, where said side is visible from a
public street.
(c) Refuse dumpsters, air conditioning equipment, and other similar
equipment located on the ground shall be screened from view from a public
street and from adjoining properties to the extent that such screening does
not hamper their operation.
(d) Additional landscaping:
(i)
Deciduous trees, having a minimum caliper of 2-2½ inches at
planting shall be provided in any required yard of a lot which
abuts a public street; and said trees shall have a maximum
separation of fifty (50) feet;
(2)
Ail required yards and open spaces not used for parking, driveways
or outdoor storage shall be seeded with grass or other natural
groundcover;
(3)
In addition to other requirements set out in this section,
landscaping shall be provided within all parking lots including
automobile display and storage areas, to provide shade and/or
visual buffering. Associated planting areas shall represent a
minimum of five (5) percent of the total area used for parking or
vehicular display or storage.
(e) Ail required landscaping shall be installed prior to the issuance
of a permanent certificate of occupancy. The owner of the property upon
which required landscaping is installed shall be responsible for the
maintenance and replacement, if necessary of all required landscaping
materials. If landscape materials are destroyed or die they shall be
replaced within six (6) months of notification by the City.
Sec. 36-586. - 36-589. Reserved.
110
ARTICLE VI: NONCONFORMITIES
Sec. 36-590. Generally.
Within the districts established by this Chapter, or by amendments which
may later be adopted, there exist or may exist lots, structures, uses of land
and structures, and characteristics of use, which were lawful before this
chapter was passed or amended, but which would be prohibited, regulated or
restricted under the terms of this Chapter or future amendment. Such uses
are considered nonconformities and are hereby declared to be incompatible
with the character of the districts in which they occur. Nonconformities are
permitted to remain until removed, discontinued or changed to conform with
the regulations, but it is the intent of this Chapter that such continuances
should not be indefinite and that the non-conforming uses should gradually be
removed. No nonconformity shall be increased, enlarged upon, expanded,
extended, repaired after damage to over fifty (50) percent of the value of
the structure or resumed after discontinuance as specified herein, or used as
grounds for adding other lots, structures, uses of land and structures or
characteristics of use not in keeping with the regulations for the district
in which such nonconformity exists.
Sec. 36-591.
Actual construction begun prior to adoption or amendment of
chapter.
To avoid undue hardship, nothing in this Chapter shall be deemed to
require a change in the plans, construction or designated use of any building
on which actual construction was lawfully begun prior to the effective date
of adoption or amendment of this Chapter and upon which actual construction
has been carried on diligently. "Actual construction" is hereby defined to
include the placing of construction materials in a permanent position and
fastened in a permanent manner; except that where demolition or removal of an
existing structure has been substantially begun preparatory to new
construction, such demolition or removal shall be deemed to be actual
construction, provided that work shall be carried on diligently until the
completion of the new construction involved, within any time limit set by a
zoning permit or building permit issued under regulations in effect before
passage of this Chapter.
Sec. 36-592. Nonconforming lots.
Any vacant lot, legally in existence at the time this ordinance was
adopted, which does not meet the frontage or area requirements of the
district in which it is located, may be developed for any principal use
permitted in that district. Except for area or frontage requirements,
nothing contained in this section shall be construed to permit the lowering
or decreasing compliance with any other requirements of this Chapter.
Sec. 36-593. Nonconforming structures.
Where a lawful structure exists at the time of passage or amendment of
this Chapter, which could not be built under the terms of this Chapter by
reason of restrictions on area, bulk, lot coverage, height, yards or other
characteristics of the structure or its location on the lot, such structure
may be continued so long as it remains otherwise lawful, subject to the
following provisions:
(a) No such structure shall be enlarged or altered in any way which
increases its nonconformity.
(b) Should such structure be damaged by any means to an extent of more
than fifty (50) percent of its replacement cost at time of damage, it shall
be reconstructed only in conformity with the provisions of this Chapter.
(c) Should such structure be moved for any reason for any distance
whatever, it shall thereafter conform to the regulations for the district in
which it is located after it is moved; provided, however, a sign structure
may be relocated on the same property, if such sign structure was moved
because of highway utility or other construction for public purposes.
Sec. 36-594. Nonconforming uses of buildings and structures.
(a) Where, at the effective date of adoption or amendment of this
Chapter, lawful use exists of buildings or structures, individually or in
combination, which use is made no longer permissible under the terms of the
Chapter as enacted or amended, such use may be continued so long as it is not
discontinued for more than two (2) years, and so long as buildings or
structures in such nonconforming use are maintained in their then structural
condition. Should buildings or structures in such nonconforming use be
enlarged, extended, reconstructed or structurally altered, use thereafter
shall conform to the regulations of the district in which they are located.
(b) No such nonconforming use shall be enlarged, intensified or
increased, nor extended to occupy a greater structure or building than was
occupied at the effective date of adoption or amendment of this Chapter.
(c) A nonconforming use of a building or structure, individually or in
combination, shall not be extended or enlarged after passage of this Chapter
by attachment on a building or premise of additional signs intended to be
seen from off the premises, or by addition of other uses of a nature which
would be prohibited generally in the district involved.
(d) No such non-conforming use shall be moved in whole or in part to
any portion of the lot or parcel unoccupied by such use at the time of
adoption or amendment of this Chapter.
(e) No additional structure not conforming to the requirements of this
Chapter shall be erected in connection with a nonconforming use of land.
(f) Any building or structure, individually or in combination, in or on
which a nonconforming use is superseded by a permitted use shall thereafter
conform to the requirements of the district in which located, and the
nonconforming use shall not thereafter be resumed.
(g) Where nonconforming use status applies to a building or structure,
removal of the building or structure, or damage from any cause to an extent
of more than fifty (50) percent of replacement cost at the time of damage
shall eliminate the nonconforming status of the building or structure and
premises.
112
Sec. 36-595. Repairs and maintenance.
(a) On any building or structure devoted in whole or in part to any
nonconforming use, work may be done on ordinary maintenance, or on repair or
replacement of nonbearing walls, fixtures, wiring or plumbing, provided that
the cubic content of the building, as it existed at time of passage or
amendment of the Chapter, shall not be increased.
(b) Nothing in this Chapter shall be deemed to prevent the
strengthening or restoring to a safe condition of any building or part
thereof declared unsafe by any official charged with protecting the public
safety, on order of such official; nor shall anything in this Chapter be
deemed to exempt any such building from any of the requirements and
provisions of any code or ordinance of the city.
Sec. 36-596. Change of nonconforming use to another use.
After public notice and subject to appropriate conditions and
safeguards, the Board of Zoning Appeals may, as a special exception, permit
change of a nonconforming use to another use not generally permitted in the
district; provided, however, that the proposed use, as proposed to be
conducted, shall be of a nature more in keeping with the character of the
district than the use from which change is proposed to be made. In granting
such special exception, the board shall require guarantees that the proposed
use, and the manner in which it is proposed to be conducted, shall be as
proposed, and failure to conduct the use proposed in the manner proposed
shall be grounds for revocation of the special exception by the
administrative official. Where such a special exception has been revoked,
the nonconforming status of the building, structure or premises, individually
or in combination shall no longer exist, and future use of the building,
structure or premises, individually or in combination, shall thereafter
conform to the regulations of the district in which located.
Sec. 36-597. Nonconforming characteristics of use.
If characteristics of use, such as signs, off-street parking or loading,
lighting or other matters pertaining to use of buildings, structures or
lands, individually or in combination, are in lawful existence at the time of
passage or amendment of this Chapter, and are not as required by this Chapter
as passed or amended, such characteristics of use may be continued, unless
otherwise specified in this Chapter, but no change shall be made which
increases nonconformity with this Chapter as passed or amended.
Sec. 36-598. Certain uses not nonconforming.
Uses in existence in a district at the time of adoption of this Chapter
for which a special exception permit would be required if they were new
uses,shall not be deemed nonconforming uses, but shall, without further
action, be deemed conforming uses so long as they continue in existence.
Once such use is discontinued for any continuous period longer than two
years, any new use of the premises must conform to the applicable district
regulations.
Sec. 36-599. - 36-609. Reserved.
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ARTICLE VII: ADMINISTRATION
Division 1: City Planning Commission
Sec. 36-610. Definition.
As used in this Article, the term "Commission" shall mean the City
Planning Commission created by this Article.
Sec. 36-611. Continued.
There is hereby continued in and for the city a City Planning
Commission.
Sec. 36-612. Composition; qualifications, appointment and terms of members.
(a) The Commission shall consist of seven (7) members, all of whom
shall be residents and qualified voters of the city appointed by City
Council. At least four (4) of such members shall be freeholders. Ail such
appointments shall be for terms of four (4) years.
(b) No member of the Commission shall hold any elective office of the
city, state or United States or be employed on a full-time basis as an
officer or employee of the city.
Sec. 36-613. Member's oath.
The members of the Commission shall take the oath of office prescribed
by the Charter for officers of the city, within ten (10) days after notice of
their respective appointments.
Sec. 36-614. Removal of members; filling of vacancies.
(a) Members of the Commission shall be removable by the City Council
for inefficiency, neglect of duty or malfeasance, after a public hearing upon
written charges, by a vote of a majority of the members of the Council.
(b) Vacancies on the Commission shall be filled by the Council for the
unexpired term of any member whose terms becomes vacant.
Sec. 36-615. Officers.
The Commission shall elect its chairman and vice chairman from among the
members and may create and fill such other of its offices as it may
determine. The term of the chairman and vice chairman shall be one year with
eligibility for re-election. Such elections and appointments shall be
reported to the City Council.
Sec. 36-616. Meetings; quorum; majority vote.
The Commission shall hold at least one (1) regular meeting each month
and such special meetings and public hearings as deemed necessary or as may
be called by the chairman. Four (4) of the seven (7) members of the
Commission shall constitute a quorum, and no action of the Commission shall
be valid unless authorized by a majority vote of those present.
114
Sec. 36-617. Adoption of rules and regulations; records to be kept.
The Commission, shall from time to time, adopt rules and regulations for
the transaction of business and shall keep a record of its resolutions,
transactions, findings and determinations, which shall be a public record.
Sec. 36-618. Consultants; limitation on expenditure.
The City Manager may contract with planners, engineers, architects, and
other consultants for such services as the Commission may require, or the
manager may provide such services through city personnel. The expenditures
of the Commission, exclusive of gifts to the Commission, shall be within the
amounts duly appropriated by City Council for its purposes.
Sec. 36-619. General power and duties.
The Commission shall have the following powers and duties, in addition
to those prescribed elsewhere in this Code and by state law, including those
set out in Section 15.1-444, Code of Virginia (1950), as amended:
(a) It shall make a study of the subdivision regulations of the city,
as set out in Chapter 31 of this Code, to assure the orderly subdivision of
lands and their development within the city; the Charter and other city
ordinances and state statutes of similar purport and design; and from time to
time offer such suggestions and recommendations to the Council as the study
by the Commission may reveal to be essential to the attainment of fair,
equitable and harmonious ordinances and laws in the premises and to the
promotion, preparation, development and preservation of the comprehensive
plan and revisions thereof.
(b) It may promote public interest in and understanding of the
comprehensive plan, and to that end, may publish and distribute copies of the
comprehensive plan or of any report and may employ such other means of
publicity and education as it may determine.
(c) It shall, from time to time, recommend to the appropriate public
officials programs for public structures and improvements and for the
financing thereof and shall consult and advise with public officials and
agencies, public utility companies, civil, education, professional and other
organizations and with citizens with relation to protecting or carrying out
the comprehensive plan.
(d) It may control, preserve and care for all historical landmarks now
owned or hereafter acquired by the city; control the design and location of
statuary and other works of art, which are or may become the property of the
city; and provide for the removal, relocation, and alteration of any such
works belonging to the city; and make suggestions concerning the design of
bridges, viaducts, street fixtures and other public structures and
appurtenances.
(e) It shall consider all requests for revocable licenses to erect
marquees over public ways as provided by ordinance and promptly make such
recommendations to the Council in relation thereto as it deems advisable in
keeping with the comprehensive plan.
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(f) In general, the Commission shall have such powers as may be
necessary to enable it to fulfill its functions, promote planning and carry
out the purposes of this article.
Sec. 36-620. Comprehensive plan - generally.
The Commission shall prepare and recommend a comprehensive plan for the
physical development of the city in accordance with the requirements of
section 15.1-446.1, Code of Virginia (1950), as amended.
Sec. 36-621.
Same - surveys and studies during preparation; general
purpose.
In the preparation of a comprehensive plan, the Commission shall conduct
such surveys as are required by sections 15.1-445.1 and 15.1-447, Code of
Virginia (1950), as amended.
Sec. 36-622. Same - procedure for adopting and amending.
The Commission shall recommend and the City Council shall adopt and
amend the comprehensive plan, or parts thereof, in conformance with the
procedural requirements set out in Article IV of Chapter 11, Planning,
Subdivision of Land and Zoning, of Title 15.1 of the Code of Virginia (1950),
as amended.
Sec. 36-623. Same - legal status.
Whenever the Commission shall have recommended a comprehensive plan or
part thereof for the city and such plan shall have been approved and adopted
by the City Council, it shall control the general or approximate location,
character and extent of each feature shown on the plan according to the
provisions of section 15.1-456, Code of Virginia (1950), as amended.
Sec. 36-624. Right of entry to make surveys, place monuments, etc.
The Commission, its members, officers and employees, in the performance
of their functions, may enter upon any land in the city and make examinations
and surveys and place and maintain necessary monuments and markers thereon.
Sec. 36-625. City officials to furnish information.
All city officials shall, upon request, furnish to the Co~m~ission,
within a reasonable time, such available information as it may require for
its work, provided the furnishings thereof will not unduly interfere with
such officials' usual duties.
Sec. 36-626. Authority of members to attend conferences, hearings, etc.
Members of the Commission, when duly authorized by the Commission, may
attend planning conferences or meetings of planning institutes or hearings
upon pending planning legislation or visit other communities and the
commission may, by resolution spread upon its minutes, authorize the payment
of reasonable expenses incident to such attendance or visit.
116
Sec. 36-627. Annual report.
The Commission shall make an annual report to the Council concerning its
activities during each year.
Sec. 36-628. - 36-639. Reserved.
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Division 2: Architectural Review Board
Sec. 36-640. Appointment, membership.
There is hereby created an Architectural Review Board consisting of
seven (7) members appointed by majority vote of the City Council. Initially,
one member shall be appointed to serve a term ending October 1, 1980, two (2)
for a term ending October 1, 1981, two for a term ending October 1, 1982, and
two (2) for a term ending October 1, 1983. The Council, at the time of
initial appointment of the Board, shall designate the terms of the appointees
after the expiration of the initial term; and appointment shall be for a
four-year term. Any vacancy on the Board shall be filled in the same manner
as the original appointment, but for the unexpired term. Members of the
Board shall hold no elected public office. Ail members shall have an
interest, competence or knowledge in historic preservation. At least two (2)
of the members appointed shall be selected from the membership of the City
Planning Conm~ission, at least one (1) shall be selected from the membership
of the Roanoke City Arts Commission, at least two (2) members shall be
registered architects, and at least one (1) member shall be a person who has
demonstrated knowledge of and interest in the history of the city.
Sec. 36-641. Powers generally.
(a) The Board shall elect from its membership a chairman and such
officers as it deems necessary, who shall serve annual terms as such and who
may succeed themselves. For the conduct of any hearing and the taking of any
action, a quorum shall not be less than a majority of all the members of the
Board.
(b) The Board may make, alter and rescind rules and forms for its
procedures, consistent with the charter and ordinances of the city and
general laws of the commonwealth.
(c) The Board shall keep a full public record of its proceedings,
including minutes of its proceedings and other official actions, which shall
be filed with the city clerk.
(d) The Board shall submit a report of its activities to the City
Council at least once a year.
Sec. 36-642. Review procedure.
(a) Application for a certificate of appropriateness shall be made to
the Secretary to the Board on forms provided.
(b) The Architectural Review Board shall meet within fifteen (15) days
after notification by the Secretary of an application requiring action by the
board.
(c) The Board shall vote and announce its decision on any matter not
later than fifteen (15) days after the conclusion of the hearing on the
matter unless the time is extended with the written consent of the applicant.
The Board shall not reconsider any decision made by it, except as provided
for herein. Having once considered an application, the Board shall not hear
substantially the same application for one year.
118
(d) Any property owner aggrieved by any decision of the Architectural
Review Board may present to the City Council a petition appealing such
decision, provided such petition is filed within thirty (30) days after the
decision is rendered by the Board. The City Council may reverse or modify
the Board's decision, in whole or in part, or it may affirm the decision of
the Board.
(e) Immediately upon approval by the Board or the City Council, on
appeal, of any erection, reconstruction, alteration, restoration or
demolition, a certificate of appropriateness shall be made available to the
applicant. The Board or City Council, on appeal may set reasonable time
limits within which such approved erection, reconstruction, alteration,
restoration or demolition must be begun. The certificate of appropriateness
shall expire if said work is not begun within the time limit set.
(f) In the case of disapproval of an application before the Board, the
Board shall briefly state its reasons in writing and it may make
recommendations to the applicant. In the case of disapproval accompanied by
recommendations, the applicant may again be heard before the Board, if he
files an amended application that addresses the recommendations of the Board
within ninety (90) days.
Sec. 36-643. Appeals.
Any property owner aggrieved by any final decision of the City Council
pursuant to Sections 36-327 or 36-345 may present to the Circuit Court of the
City of Roanoke a duly certified petition setting forth the alleged
illegality of the action of the City Council, provided such petition is filed
within thirty (30) days after the final decision is rendered by the City
Council. The filing of said petition shall stay any action pursuant to the
decision of the City Council pending the outcome of the appeal to the court,
except that the filing of such petition shall not stay any action pursuant to
the decision of the City Council if such decision denies the right to raze or
demolish a historic landmark, building or structure. The Court may reverse
or modify the decision of City Council, in whole or in part, if it finds upon
review that the decision of the City Council is contrary to law or that its
decision is arbitrary and constitutes an abuse of discretion, or it may
affirm the decision of the City Council.
Sec. 36-644. - 36-649. Reserved.
119
Division 3: Board of Zoning Appeals
Sec. 36-650. Continued; composition; appointment and terms of members, etc.
The Board of Zoning Appeals, heretofore established by the Council
pursuant to the provisions of Section 62 of the Charter, is continued, and the
five (5) members thereof shall hold office until the expiration of the term
for which they were appointed. Thereafter, terms of office shall be for
three (3) years each and members shall be appointed by the Council. The city
clerk shall notify the City Council, at least thirty (30) days in advance, of
the expiration of any term of office, and shall also notify the City Council
promptly if any vacancy occurs. Appointments to fill vacancies shall be for
the unexpired term of the member whose term becomes vacant. Members of the
Board shall hold no elected public office.
Sec. 36-651. Officers; quorum; rules; records; reports.
The Board of Zoning Appeals shall elect from its membership officers who
shall serve annual terms as such and may succeed themselves. For the conduct
of any hearing and the taking of action, a quorum shall be not less than a
majority of all the members of the Board. The Board may make, alter and
rescind rules and forms for its procedures, consistent with the Charter and
ordinances of the city and general laws of the state. The Board shall keep a
full public record of its proceedings, including minutes of its proceedings
and other official actions, which shall be filed in the office of the Board.
The Board shall submit a report of its activities to the City Council at
least once each year.
Sec. 36-652. Expenditures, compensation and removal of members.
Within the limits of funds appropriated by the City Council, the Board
of Zoning Appeals may employ staff and contract for technical and other
services. Members of the Board may receive such compensation as is
authorized by the City Council. Any member may be removed for malfeasance,
misfeasance or nonfeasance in office, or for other just causes, upon written
charges, by the City Council after public hearing held after at least fifteen
(15) days notice.
Sec. 36-653.
Exercise of powers generally; administration of oath and
compelling attendance of witnesses.
(a) In exercising the powers mentioned in this Article, the Board of
Zoning Appeals may in conformity with the provisions of this Chapter, reverse
or affirm, wholly or partly, or may modify, the order, requirement, decision
or determination appealed from and may make such order, requirement, decision
or determination as ought to be made, and to that end shall have all the
powers of the officer from whom the appeal is taken. The concurring vote of
three (3) members of the Board shall be necessary to reverse any order,
requirement, decision or determination of any such administrative official,
or to decide in favor of the applicant on any matter upon which it is
required to pass pursuant to this Chapter or to effect any variation of this
Chapter.
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(b) The Chairman of the Board, or in his absence the acting Chairman,
may administer oaths and compel the attendance of witnesses.
Sec. 36-654. Appeals to board generally.
(a) The Board of Zoning Appeals shall have the power to hear and decide
appeals where it is alleged there is error in any order, requirement,
decision or determination made by an administrative officer in the
administration or enforcement of this Chapter.
(b) An appeal to the Board of Zoning Appeals may be taken by any person
aggrieved or by any officer, department, board or bureau of the city affected
by any decision of the Zoning Administrator. Such appeal shall be taken
within a reasonable time, as provided by the rules of the Board, by filing
with the Board a notice of appeal, specifying the grounds thereof. The
Zoning Administrator shall forthwith transmit to the Board all the papers
constituting the record upon which the action was taken. An appeal shall
stay all proceedings in furtherance of the action appealed from, unless the
Zoning Administrator certifies to the Board that, by reason of facts stated
in the certificate, a stay would, in his opinion, cause imminent peril to
life or property, in which case proceedings shall not be stayed otherwise
than by a restraining order granted by the Board or by a court of record, on
application and on notice to the Zoning Administrator and for due cause
shown.
(c) The Board shall fix a reasonable time for the hearing of an appeal
and decide the same within a reasonable time, after publishing notice of such
hearing in a newspaper published or having general circulation in the City
and giving written notice to affected parties in the manner required by
Section 15.1-495, Code of Virginia (1950), as amended.
Sec. 36-655. Powers and duties with ~espect to variances.
(a) The Board of Zoning Appeals shall have the power to authorize, upon
appeal in specific cases, such variances from the terms of this Chapter as
will not be contrary to the public interest, where owing to special
conditions, a literal enforcement of the Chapter will result in unnecessary
hardship, and so that the spirit of the Chapter shall be observed and
substantial justice done, such as: When a property owner can show that his
property was acquired in good faith and where, by reason of the exceptional
narrowness, shallowness or shape of a specific piece of property at the time
of the effective date of this Chapter or where, by reason of exceptional
topographic conditions or other extraordinary situation or condition of such
piece of property, or of the use or development of property immediately
adjacent thereto, the strict application of the terms of this Chapter would
effectively prohibit or unreasonably restrict the use of the property; or
where the Board is satisfied, upon the evidence heard by it, that the
granting of such variance will alleviate a clearly demonstrable unnecessary
hardship approaching confiscation, as distinguished from a special privilege
or convenience sought by the applicant; provided, in all cases, that all
variances shall be in harmony with the intended spirit and purpose of this
Chapter.
(b) No such variance shall be authorized by the Board, unless it finds:
(1) That strict application of this Chapter would produce undue
hardship.
121
(2) That such hardship is not shared generally by other properties in
the same zoning district and the same vicinity.
(3)
That the authorization of such variance will not be of substantial
detriment to adjacent property and that the character of the
district will not be changed by the granting of the variance.
(4)
That the condition and situation of the property concerned or the
intended use of the property is not of so general or recurring a
nature as to make reasonably practicable the formulation of a
general regulation to be adopted as an amendment to this Chapter.
(c) The Board of Zoning Appeals shall not grant a variance to permit a
use in a district not authorized by the district regulations.
(d) In authorizing a variance, the Board may impose such conditions
regarding the location, character and other features of the proposed
structure or use as it may deem necessary in the public interest, and may
require a guarantee or bond to insure that the conditions imposed are being
and will continue to be complied with.
(e) No variance shall be authorized except after appeal, public notice
and notice to parties in interest and hearing, as specified in Section
36-673 of this Chapter. The Board shall keep recordings, transcripts,
minutes or other records of its proceedings on variances sufficient to make
possible court determinations on appeal as to the validity of its findings
and its reasons therefor.
See. 36-656. Powers and duties with respect to special exceptions.
(a) The Board of Zoning Appeals shall have the power to hear and decide
on applications for such special exceptions as may be authorized by this
Chapter. The Board may impose such conditions relating to the use for which
a special exception permit is granted as it may deem necessary in the public
interest and may require a guarantee or bond to insure that the conditions
imposed are being and will continue to be complied with.
(b) In considering an application for special exception, the Board of
Zoning Appeals shall determine the appropriateness of the application based
on the following standards:
(i)
The use is compatible with the character and appearance of the
surrounding neighborhood by virtue of its height, bulk, location on
the lot, and the design and location of parking, signage,
landscaping and other outside activities or structures.
(2)
The use does not create a demand on public water or sanitary sewer
services that exceeds the design capacity of these systems or that
would in any way decrease the quality of service to the surrounding
neighborhood.
(3)
The use does not generate traffic on public streets that exceeds
the design capacity of said streets and does not create a dangerous
traffic problem by virtue of driveway location, site clearance,
driveway slope or other factor.
122
(4) The use does not increase the flood potential in the surrounding
neighborhood.
(5)
The use is in conformance with the setback, yard, frontage, lot
area, parking, signage, screening, shading and other applicable
requirements of this Chapter as they pertain to the district in
which the use is located or to the specific use, whichever the case
may be.
(6) The use furthers the intent of the Comprehensive Plan.
(c) Applications for special exceptions may be made by any property
owner, tenant, government official, department board or bureau. Such
application shall be made to the Zoning Administrator in accordance with
rules adopted by the Board. The application and accompanying maps, plans or
other information shall be transmitted promptly to the Secretary of the
Board, who shall place the matter on the docket, advertise a public hearing
thereon, which shall be held within a reasonable period of time after final
public notice, and give written notice of the hearing to the parties in
interest. The Zoning Administrator shall also transmit a copy of the
application to the Planning Commission, which may send a recommendation to
the Board or appear as a party at the hearing; provided, however, that in
cases where this Chapter requires a recommendation from the Planning
Commission before the Board of Zoning Appeals may consider a special
exception, the requirements concerning such recommendation shall be met
before the hearing is held.
Sec. 36-657. Authority to interpret official zoning map.
The Board of Zoning Appeals shall have the power to hear and decide
applications for interpretation of the Official Zoning Map, where there is
uncertainty as to location of a district boundary. After public notice and
hearing as required generally for Board of Zoning Appeals proceedings, the
Board may interpret the map in such a way as to carry out the intent and
purpose of this Chapter for the particular section or district in question.
The Board shall not have the power, however, to rezone property or
substantially to change the location of district boundaries, as established
by ordinance.
Sec. 36-658. Appeals from board.
(a) Any person or persons jointly or severally aggrieved by any
decision of the Board of Zoning Appeals, or any officer, department, board or
bureau of the city, may present to a court of record of the city a petition,
duly verified, setting forth that such decision is illegal, in whole or in
part, specifying the grounds of the illegality. Such petition shall be
presented to the court within thirty (30) days after the filing of the
decision in the office of the Board.
(b) Upon the presentation of such petition, the court may allow a writ
of certiorari directed to the Board of Zoning Appeals to review such decision
of the Board of Zoning Appeals and shall prescribe therein the time within
which a return thereto must be made and served upon the realtor's attorney,
which shall not be less than ten (10) days and may be extended by the court.
The allowance of the writ shall not stay proceedings upon the decision
appealed from, but the court may, on application, on notice to the Board and
on due cause shown, grant a restraining order.
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(c) The Board of Zoning Appeals shall not be required to returm the
original papers acted upon by it, but it shall be sufficient to return
certified or sworn copies thereof or such portions thereof as may be called
for by such writ. The return shall concisely set forth such other facts as
may be pertinent and material to show the grounds of the decision appealed
from and shall be verified.
(d) If, upon the hearing, it shall appear to the court that testimony
is necessary for the proper disposition of the matter, it may take evidence
or appoint a Commissioner to take such evidence as it may direct and report
the same to the court with his findings of fact and conclusions of law, which
shall constitute a part of the proceeding upon which the determination of the
court shall be made. The court may reverse or affirm, wholly or partly, or
may modify the decision brought up for review.
(e) Ail issues in any proceeding under this Section shall have
preference over all other civil actions and proceedings, except where
otherwise provided by general law.
(f) Costs shall not be allowed against the Board, unless it shall
appear to the court that the Board acted in bad faith or with malice in
making the decision appealed from.
Sec. 36-659. Suit Without Appeal to Board.
Where a building permit has been issued and the construction of the
building for which such permit was issued is subsequently sought to be
prevented, restrained, corrected or abated as a violation of this Chapter, by
suit filed within fifteen (15) days after the start of construction by a
person who had no actual notice of the issuance of the permit, the court may
hear and determine the issues raised in the litigation, even though no appeal
was taken from the decision of the administrative officer to the Board of
Zoning Appeals.
Sec. 36-660. - 36-669. Reserved.
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Division 4: Zoning Administrator
Sec. 36-670. Appointment, powers generally.
This Chapter shall be administered and enforced by a Zoning
Administrator, who shall be appointed by the City Manager. Assistants to the
Zoning Administrator may be assigned or designated by the City Manager and
such duly appointed assistants are authorized to act in behalf of the
administrator in the administration and enforcement of this Chapter. The
Zoning Administrator shall have all necessary authority to administer and
enforce this Chapter, including the ordering in writing of the remedying of
any condition found in violation of the Chapter. The Zoning Administrator
may report any noncompliance with this Chapter to the City Attorney with the
request for appropriate action at law to ensure or obtain compliance with
this Chapter.
Sec. 36-671. Zoning permit required; prerequisites to issuance.
(a) No person shall erect, construct, reconstruct, move, demolish, add
to or structurally alter any building or other structure without a zoning
permit therefore issued by the Zoning Administrator.
(b) The use made of property may not be changed and clearing, grading
or excavating may not be commenced without a zoning permit therefore issued
by the Zoning Administrator.
(c) A zoning permit shall not be issued by the Zoning Administrator
except in strict conformity with the provisions of this Chapter, and, where
development plan review is required, no zoning permit shall be issued until
such plan has been approved.
Sec. 36-672. Application for zoning permit.
(a) An application for a zoning permit shall be submitted to the Office
of the Zoning Administrator prior to the issuance or consideration of
issuance of any permit.
(b) One (1) copy of the application and accompanying plans shall be
returned to the applicant by the Zoning Administrator, after he shall have
marked such copy as either approved, approved subject to conditions, or
disapproved and attested to the same by his signature.
(c) If a zoning permit is denied, reasons for the denial shall be
stated upon the application.
Sec. 36-673. Expiration of zoning permit; new permits.
(a) If the work described in any zoning permit has not begun within six
(6) months from the date of issuance thereof, or in the case of special
exceptions or variances, within time limits established therefor, the permit
shall expire and be cancelled by the Zoning Administrator. Written notice of
expiration shall be given to the person to whom the permit was issued, and to
other parties as the circumstances of the case indicate, however, the
omission of notification to any other party shall not void the effect of the
notice. The notice shall state that further work as described in the
125
cancelled permit shall not proceed unless and until a new zoning permit has
been obtained. Upon written application submitted by the original applicant,
or his successors in title or under law, within ninety (90) days after the
date of issuance of such notice, the Zoning Administrator may issue a new
zoning permit for work other than that involving a variance or special
exception, using the original application and plans, if in the opinion of the
Zoning Administrator such original application and plans are still adequate.
The Zoning Administrator may not issue a zoning permit extending time limits
set by the Board of Zoning Appeals, except on specific order of the Board.
(b) Failure of a person to apply for a new zoning permit within ninety
(90) days after expiration of the original zoning permit shall cause the
Zoning Administrator to order such work on the premises involved as may be
necessary to remedy conditions which would, in the opinion of the Zoning
Administrator, cause imminent peril to life or property. The failure of any
person who was the original applicant for a zoning permit or who is the
successor in title or under law to the original applicant to do work ordered
in such case shall be considered a violation of this Chapter. In addition,
to other remedies, the Administrator may, in such cases, order such work
done, with charges to be assessed under procedures provided by law, against
the property in addition to other penalties.
Sec. 36-674. Certificate of Occupancy for new or altered uses.
(a) A certificate of occupancy shall be issued only upon completion of
the work in conformity with the provisions of this Chapter, after inspection
by the Zoning Administrator indicates that the use and occupancy are in
compliance with the application and the provisions of this chapter.
Application for a certificate of occupancy shall be made to the Building
Commissioner before a permit shall be issued for the erection, structural
alteration, moving, enlargement or repair of any building or structure, or
for the use of any land or premises.
(b) Certificates of occupancy for new uses or altered uses which are
subject to comprehensive development plan review shall also require the
approval, by signature, of the Agemt and the City Engineer.
(c) It shall be unlawful for any person to use or occupy, or to permit
the use or occupancy, of any land, building, structure or premises,
individually or in combination, in whole or in part, in or on which
a new use is created or an existing use is changed, converted,
enlarged or moved, until a certificate of occupancy conforms to the
requirements of this Chapter. If a zoning permit was not obtained
prior to the application for a certificate of occupancy, such
certificate shall not be issued until prior or concurrent approval
has been obtained from the City Engineer, or his agent, for changes
to and/or usage of publicly dedicated street rights-of-way.
(d) A temporary certificate of occupancy may be issued by the Building
Commissioner for a period not exceeding six (6) months during alterations or
partial occupancy of a 'building or structure pending completion, provided
that such temporary certificate may require such conditions and safeguards as
will protect the safety of the occupants amd the public.
126
Sec. 36-675. Certificate of occupancy for nonconforming uses.
No person shall maintain, renew after discontinuance, change, move or
extend any nonconforming use of any land, building, structure or premises,
individually or in combination, in whole or in part, unless and until a
certificate of occupancy therefor shall have been issued by the Zoning
Administrator. The Board of Zoning Appeals shall have the authority to and
may, upon the procedures provided in this Chapter as for authorization of
variances, upon appeal of an applicant to the administrator for such
certificate and upon showing made to the Board that the nonconforming use was
existing on or prior to the effective date of this chapter, or prior to a
subsequent amendment of this Chapter making such use nonconforming, that it
has not been discontinued for a period of time exceeding two (2) years after
the aforesaid date, and that such use is not detrimental to the immediate
neighborhood, direct the issuance by the Administrator of a certificate of
occupancy for such nonconforming use; and the provisions of Section 36-713 of
this Chapter shall apply to any decision of the Board made on such appeal.
Sec. 36-676. Record of certificates of occupancy.
The Zoning Administrator shall maintain a record of all certificates of
occupancy, and a copy shall be furnished to any person on request.
Sec. 36-677. Failure to obtain certificate of occupancy.
Failure to obtain a certificate of occupancy as required by this Chapter
shall be a violation of this Chapter.
Sec. 36-678.
Effect of permit or certificate issued on basis of approved
applications and plans.
Zoning permits or certificates or occupancy issued under the provisions
of this Chapter, on this basis of applications and plans approved by the
Zoning Administrator, and other officials and agencies where additional
approval is required, are deemed to authorize only the use, arrangement,
location and construction indicated in such approved plans and applications,
and no other. Any use, arrangement, location or construction at variance
with such authorization shall be deemed a violation of this Chapter.
Sec. 36-679. - 36-689. Reserved.
1'27
Division 5: Amendments
Sec. 36-690. General authority and procedure.
(a) Whenever public necessity, convenience, general welfare or good
zoning practice require, the City Council may amend, supplement or change
this Chapter, including the schedule of district regulations and the official
zoning map. Any such amendment may be initiated by resolution of the City
Council, by motion of the Planning Commission or by petition of any property
owne r.
(b) When such amendment is proposed by petition of a property owner,
such petition shall be in writing, addressed to the Council, and shall be
filed in the Office of the City Clerk, accompanied by payment of all fees and
charges established by the Council.
(c) When such petition is for the rezoning of property, it shall
include the following:
(1) a description of the purpose for the zoning and the purposed use of
the property;
(2) a concept plan outlining features of the proposed use of the
property including buildings, parking, access and similar features;
(3) a map or maps of the area requested for rezoning;
(4) names, signatures, and addresses of the owner or owners of the
lots or property included in the proposed change; and
(5)
names, addresses and official tax numbers of owners of the lots or
property immediately adjacent and to or those directly opposite
thereto; provided, however, that inaccuracy or inadequacy of any
such list of adjacent owners shall not in any manner affect the
validity of any proceedings had or taken by the City Council with
respect to the matters contained in such petition.
(d) Prior to the filing of said petition the petitioner shall meet with
the staff of the Office of Community Planning to determine that all filing
requirements have been met and that all information is correct. The Office
of Community Planning shall determine the required fees.
(e) Upon the filing of such petition, and the payment of the fees and
charges aforesaid, the C~ty Clerk shall note the filing of the same and shall
immediately transmit the petition, together with the list of property owners
hereinafter mentioned, to the Planning Commission for study, report and
recommendation to the Council, with a copy of such petition mailed or
delivered to the Mayor and members of the City Council and to the Zoning
Administrator.
(f) No change in zoning classification to a CN category shall be
considered which involves an area of less than five thousand (5,000) square
feet.
(g) Except for extension of existing district boundaries, no change in
zoning classification to a C-i, C-2, C-3, LM or HM district shall be
considered which involves an area of less than two (2) acres, and no separate
C-I, C-2, C-3, LM or HM district of less than two (2) acres shall be created
by any amendment to this Chapter.
128
(h) Subsection (g) notwithstanding, an area of less than two (2) acres,
which abuts a C-2 district or an industrial district may be rezoned to C-1.
(i) Having once considered a petition, the City Council will not
reconsider substantially the same petition for one year.
Sec. 36-691. Planning Commission action.
(a) All proposed amendments to this Chapter shall be submitted to the
Planning Commission for study and recommendation. The Planning Commission
shall study proposals to determine:
(1) The need and justification for the change.
(2)
When pertaining to a change in the district classification of
property, the effect of the change, if any, on the property and on
the surrounding neighborhood.
(3)
When pertaining to a change in the district classification of
property, the amount of undeveloped land in the general area and in
the city having the same district classification as requested.
(4)
The relationship of the proposed amendment to the purposes of the
general planning program, with appropriate consideration as to
whether the proposed change will further the purposes of this
Chapter and the comprehensive plan.
(b) Prior to making recommendation on any proposed amendment of
district zoning classifications, the Planning Commission shall conduct a
public hearing on such proposal, after notice of such hearing is
given pursuant to Section 36-712 of this Chapter.
(c) Within sixty (60) days from the date that any proposed amendment is
referred to it (unless a longer period shall have been established by mutual
agreement between the petitioner and the Planning Commission in the
particular case,) the Planning Commission shall submit its report and
recommendations to the City Council. The recommendation of the Planning
Commission shall be advisory only, and shall not be binding on City Council.
If the Planning Commission does not submit its report within the prescribed
time, the City Council may proceed to act on the amendment, without further
awaiting the recommendations of the Planning Commission.
Sec. 36-692. City Council hearing.
Before amendment of any regulation, restriction or district boundary
provided by this Chapter, the City Council shall hold a public hearing in
relation thereto, notice of which hearing shall be given as provided in this
Division.
Sec. 36-693. Notice of hearing.
Prior to conducting any public hearing required by this Chapter before
the City Council or the Planning Commission, notice shall be given as
129
required by Section 15.1-431, Code of Virginia (1950), as amended, and in the
case of hearings before the City Council, in conformance with any additional
requirements of Section 62 of the Charter. The expense of advertising shall
be borne by the applicant. Any affidavits required by Section 15.1-431, Code
of Virginia (1950), as amended, shall be filed with the City Clerk. In
addition, when a proposed amendment affects the district classification of a
particular piece of property, the Zoning Administrator shall cause to be
erected on the property a sign, to be posted at least ten (i0) days prior to
the public hearing before the Planning Commission, indicating the nature of
the change proposed, identification of the property affected, and the time,
date and place of such hearing.
Sec. 36-694. Council may change proposed amendment after hearing.
After the City Council has held a hearing, it may make appropriate
changes or corrections in the proposed amendment and proceed to act without
holding a public hearing on the proposed amendment in its new form.
Sec. 36-695. Conditional zoning amendments authorized.
Whenever it appears that the zoning methods and procedures provided for
elsewhere in this Chapter may prove to be inadequate in regard to a
particular zoning classification, and when a more flexible and adaptable
zoning method is deemed necessary, amendments to this Chapter may be allowed
subject to certain conditions that are not generally applicable to land
similarly zoned.
Sec. 36-696. Conditions proffered by property owner.
(a) When amendments to this Chapter are proposed by petition of a
property owner pursuant to this Division such petition may include the
voluntary proffering, in writing, of reasonable conditions to attach to the
reclassification or rezoning of his property, in addition to the regulations
already pertaining to the applicable zoning district.
(b) Any conditions proffered by petition of a property owner must
adhere to the following standards:
(1) The rezoning itself must give rise for the need for the conditions;
(2) Such conditions shall have a reasonable relation to the rezoning;
(3) Such conditions shall not include a cash contribution to the city;
(4)
Such conditions shall not include mandatory dedication of real or
personal property for open space, parks, schools, fire departments
or other public facilities not otherwise provided for in Section
15.1-466(f) of the Code of Virginia;
(5)
Such conditions shall not include payment for or construction of
off-site improvements, except those provided for in Section
15.1-466(j) of the Code of Virginia;
(6) No condition shall be proffered that is not related to the physical
development or physical operation of the property; and
130
(7) Ail such conditions shall be in conformity with the city's
Comprehensive Plan.
(8) Ail such conditions shall be drafted in such a way that they are
clearly understood and enforceable.
Sec. 36-697. Enforcement and administration of conditions.
(a)
authority
amendment
The Zoning Administrator shall be vested with all necessary
to administer and enforce conditions attached to a conditional
to this Chapter, including:
(1) The ordering, in writing, of the remedy of any noncompliance with
such conditions;
(2)
The referral of any noncompliance to the City Attorney or
Commonwealth Attorney with a request for appropriate legal action
to insure compliance with such conditions, including injunction,
abatement or other appropriate action or proceeding; and
(3)
Requiring a guarantee, satisfactory to the City Council, in an
amount sufficient for and conditioned upon the construction of any
physical improvements required by the conditions, or a contract for
the construction of such improvements and the contractor's
guarantee, in like amount and so conditioned, which guarantee shall
be reduced or released by the Zoning Administrator upon the
submission of satisfactory evidence that construction of such
improvements has been completed in whole or in part.
Failure or refusal to meet or comply with any and all conditions imposed
as a condition of rezoning shall constitute cause to deny the issuance of any
of the required use, occupancy, or building permits, as may be appropriate.
(b) Any zoning applicant who is aggrieved by any decision of the Zoning
Administrator pursuant to the provisions of this Section may petition the
Board of Zoning Appeals for a review of the decision of the Zoning
Administrator in accordance with this Chapter.
Sec. 36-698. Amendment or variation of conditions.
There shall be no amendment or variation of conditions created pursuant
to the provisions of this Article until after a public hearing before the
City Council advertised pursuant to the provisions of Section 15.1-431 of the
Code of Virginia.
Sec. 36-699. Zoning map; conditional zoning index.
The Official Zoning Map, City of Roanoke, shall show, by an appropriate
symbol or symbols, the existence of conditions attaching to the zoning map.
The Zoning Administrator shall keep in his office and make available for
public inspection a Conditional Zoning Index. The index shall provide ready
access to the ordinance creating conditions, in addition to the regulations
provided for in a particular zoning district or zone.
Sec. 36-700. - 36.709. Reserved.
131
Division 6: Fees
Sec. 36-710. Fees generally.
(a) The City Council shall establish a schedule of fees and charges and
a collection procedure for zoning permits, certificates of zoning compliance,
appeals, amendments, and other matters pertaining to the regulations
prescribed by this Chapter. The cost of all advertising notices required for
amendments to this Chapter, including rezonings, shall be borne by the
applicant. The schedule of fees and charges shall be available in the Office
of the Zoning Administrator and may be altered or amended only by City
Council.
(b) The fees and charges hereinabove set out shall be collected by:
(1) Zoning appeals and special exceptions by the Secretary of the Board
of Zoning Appeals.
(2) Zoning permit, development plan review and certificate of
occupancy, by the Office of the Building Commissioner.
(3) Amendments, by the Office of the City Clerk.
(c) No action will be initiated on any application, appeal or
amendment, and no permit, certificate, special exception, variance,
interpretation or amendment will be processed or granted, unless
and until payment of the prescribed fees, charges and expenses has
been made in full.
(d) For each particular matter hereinafter set out, the following fees
shall be payable, upon application. For the purpose of determining fees,
where a tract involves a fraction of an acre, said fraction shall be
calculated as an acre.
(1) Application for variance, special exception or
appeal of decision of the Zoning Administrator $30.00
(2) Zoning permit 10.00
(3) Comprehensive development plan review
50.00 per acre+
(4) Grading and Erosion/Sediment Control Plan review 10.00 per acre~
(5) Amendments to zoning map:
(i) Rezoning
(ii) Rezoning
(iii)Rezoning
(iv) Rezoning
(v) Rezoning
(vi) Rezoning
(vii)Rezoning
to RA or RS district
to RM-1 or RM-2 district
to RM-3 or RM-4 district
to commercial district
to LM or HM district
to RPUD or IPUD district
to H-1 or H-2 district
25.00
100.00+$10 per acre
150.00+$10 per acre
300.00+$10 per acre
300.00+$10 per acre
300.00+$10 per acre
25.00
(6) Amendments to conditions of a conditional
rezoning
50.00
Sec. 36-711. - 36-719. Reserved.
132
ARTICLE VIII: ENFORCEMENT
Sec. 36-720. Violations generally.
The Zoning Administrator shall diligently seek out violations of this
Chapter. If he shall find a violation or attempted violation of any of the
provisions of this Chapter, or of any conditions, safeguards, guarantees or
agreements developed in connection with the application of this Chapter, he
shall give written notice to the person or persons responsible for such
violation or attempted violation, ordering corrective action. He shall order
discontinuance of illegal use of land, buildings or structures; removal of
illegal buildings or structures; discontinuance of any illegal work being
done; correction of violations regarding characteristics of use, including
signs, off-street parking and loading requirements, lighting and the like,
and shall take any other action legally authorized to insure compliance with,
or to prevent violation of, the provisions of this Chapter.
Sec. 36-721. Complaints regarding violations.
Whenever violation of this Chapter is attempted, occurs or is alleged to
have occurred, any person may file a written complaint, stating fully the
causes and basis thereof. Such complaint shall be filed with the Zoning
Administrator, and he shall record it promptly, investigate it promptly and
promptly take any action concerning it that may be warranted, as provided by
this Chapter or in other lawful manner.
Sec. 36-722. Actions to restrain, abate or correct violations.
If any provision of this Chapter is violated, or if there is an
attempted violation of any provision of this Chapter, or if there is a
violation or attempted violation of any regulation, guarantee, safeguard,
condition or agreement in furtherance of this Chapter, the City Council, the
City Attorney, the Zoning Administrator, any appropriate officer of the city
or any person aggrieved may take any lawful action by injunction or other
appropriate proceeding to restrain, correct or abate the violation or
attempted violation.
Sec. 36-723. Penalty for violations.
The owner or general agent of the building or premises where a violation
of any provision of this Chapter has been committed or shall exist, or the
lessee or tenant of an entire building or entire premises where such
violation has been committed or shall exist, or the owner, general agent,
lessee or tenant of any part of the building or premises in which such
violation has been committed or shall exist, or the general agent, architect,
builder, contractor or any other person who commits, takes part or assists in
any such violation or who maintains any building or premises in which any
such violation shall exist, shall be guilty of a misdemeanor, punishable by a
fine of not less than ten dollars ($10) and not more than one hundred dollars
($100) for each day after the first day that such violation shall continue.
In any case of the existence of a violation of any portion of this Chapter,
the owner, lessee, tenant or agent shall be subjected to a civil penalty of
fifty dollars ($50). Any such person who, having been served with an order
to remove any such violation, shall fail to comply with said order within ten
(10) days after such service or shall continue to violate any provisions of
133
this Chapter in the respect named in such order shall also be subject to a
civil penalty of two hundred fifty dollars ($250).
Sec. 36-724. - 36-730. Reserved.
134
MINUTES CONSIDERED AT THIS COUNCIL MEETING
MAY BE REVIEWED ON LINE IN THE "OFFICIAL MINUTES" FOLDER,
OR AT THE CITY CLERK'S OFFICE
CY~ce of r~e Mc~or
December 11, 1986
Honorable Members of
Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowl es and Gentlemen:
I wish to request an Executive Session on Monday, December 15,
1986, to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees ap-
pointed by Council, pursuant to Section 2.1-344 (a) (1), Code
of Virginia (1950), as amended.
Sincerely,
Mayor
NCT:js
Room 452 Municipal Building 2t5 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-24,~
December 17, 1986
File #144
Mr. John H. Parrott
Chairman
Roanoke Valley Regional Solid
Waste Management Board
714 Wildwood Road, S. W.
Roanoke, Virginia 24014
Dear Mr. Parrott:
A report of the City's representatives on the Roanoke Valley
Regional Solid Waste Management Board with regard to a study of
solid waste disposal options, was before the Council of the City
of Roanoke at a regular meeting held on Monday, December 15,
1986.
On motion, duly seconded and adopted, Council concurred in the
report.
Sincerely,
~')ary F. Parker, C~4C
City Clerk
MFP:se
cc: Mr. VI. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Joel M. Schlanger, Director of Finance
Mr. Kit B. Kiser, Director of Utilities and Operations
Mr. Jeffrey A. Cromer, Manager, Regional Landfill
Room456 MunlcipalBullding 215 Church Avenue, S,W. Roanoke, VIrglnla24011 (703)981-2541
RECEIVED
CITY CLERICS r.)FFU.:t
'86 [~ ~,0 pI]o~loke, Virginia
December 15, 1986
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Study of Solid Waste Disposal Options
I. Background:
Ao
The undersigned are Council's appointees representing the City
on the Roanoke Valley Regional Solid Waste Management Board
(Landfill Board).
Landfill Board's responsibilities are to administer and operate
a sanitary landfill or landfills for the benefit of all political
subdivisions party to the July 29, 1975 agreement which establish-
ed the Landfill Board and such operations to be on land provided
to the Landfill Board by the parties to the agreement.
Co
Landfill is defined as any presently used or hereafter developed
method of solid waste management and disposal approved by the
Landfill Board and by all necessary State and regulatory agencies
and may include reclamation and recycling.
D. Tasks of the Landfill Board include conducting preliminary inquiries,
plans and studies relating to landfill operations.
II. Current Situation:
The present landfill land area permitted by the Commonwealth of
Virginia is limited by available space to an approximate five (5)
additional years.
B. Additional landfill areas, commonly referred to as Area "A", need
to be submitted to the Commonwealth for an operating permit.
C. Future methods and sites for the time beyond the useful life of the
property now owned need to be explored.
III. Implementation: Your representatives support the following actions:
A°
Plan development for submittal with an application for Area "A"
development. Said plan to be environmentally sound to the Common-
wealth and economically justifiable to the governing bodies through
their member representatives on the Landfill Board. Cost of the
development plan to be paid for from revenue of the Landfill Board.
Page 2
Bo
Solid waste disposal and site option study by a consultant to be
selected by the Landfill Board, using State procurement procedures
for professional services, to arrive at and judge the environmental
and economic feasibility of future options for solid waste disposal
beyond the useful life of the current life of the landfill land pre-
sently owned. Cost of the study to be borne by the Landfill Board.
Final recommendations of disposal options and costs would be expec-
ted to be made by the Landfill Board to the participating local
governments. This action is to proceed concurrently with previous actions.
Fee adjustment, beginning with July 1, 1987, for each ton of solid
waste disposed to permit at least partial financing of future land
acquisition and development cost. This adjustment will recognize:
1. That the current land is a depletable asset.
2. High cost under current criteria for current landfill closing.
3. High cost under current criteria for new on-site development
costs.
o
Likely necessity for off-site improvements at any new site,
much in the same view that the current access road in Roanoke
County was widened and overlayed at the expense of the par-
ticipating local governments before the current landfill could
be developed.
IV. Purpose of this report is for Council's information and redirection of
the undersigned at Council's pleasure.
City Council Representatives
on the Landfill Board:
Respectful ly sub~t~tted,
Kit B. Kiser
JHP:JMS:KBK:afm
CC:
City Manager
City Attorney
Director of Finance
Members, RVRSWMB
Landfill Manager
Oath or Affirmation of Office
8tare o~ Virginia, Cit~l oil Roanoke, lo-w/t:
I, Robert K, ~en~tson , do solemnly swear (or affirm) that
I will support the Constitution of the United States, and the Constitution of the State of Virginia, and that
I will faithfully and impartially discharge and perform all the duties incumbent upon me as
a member of the City of Roanoke Transportation Safety Commission for a term of
four years ending October 31, 1990,
according to the best of my ability.
Subscribed and sworn to before ~ne, this
So help me God.
November 26, 1986
File #15-20
Mr. Robert K. Bengtson
Traffic Engineer
Roanoke, Virginia
Dear Mr. Bengtson:
At a regular meeting of the Council of the City of Roanoke held
on Monday, November 24, 1986, you were elected as a member of the
City of Roanoke Transportation Safety Commission for a term of
four years ending October 31, 1990.
Enclosed you will find a certificate of your election and an
Oath or Affirmation of Office which may be administered by the
Clerk of the Circuit Court of the City of Roanoke, third floor of
the Roanoke City Courts Facility, 315 Church Avenue, S. W.
Please return one copy of the Oath of Office to Room 456 in the
Municipal Building prior to serving in the capacity to which you
were elected.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:se
Enc.
cc: Mr.
Charles M.
Huffine, City
Engineer
Room 456 Municipal Building 215 (~urch A'v~cxJe, S.W. I~x:znoke, Virginia 24011 (703) 981-254.1
COMMONWEALTH OF VIRGINIA
) To-wit:
CITY OF ROANOKE )
I, Mary F. Parker, City Clerk, and as such City Clerk of the
Council of the City of Roanoke and keeper of the records thereof,
do hereby certify that at a regular meeting of Council held on
the 24th day of November, 1986, ROBERT K. BENGTSON was elected as
a member of the City of Roanoke Transportation Safety Commission
for a term of four years ending October 31, 1990.
Given under my hand and seal of the City of Roanoke this
26th day of November, 1986.
City Clerk
'86 ~I~ 12 t4tl :t '
Roanoke, Virginia
December 15, 1986
Honorable Noel C. Taylor, Mayor
and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Request for Executive Session
This is to request an executive session on Council's agenda on Monday,
December 15, 1986, pursuant to Section 2.1-344 (a)(6), Code of Virginia
(1950), as amended, to discuss a legal matter that being the terms and
conditions of a contract under negotiation.
Respectfully submi~ ~
W. Robert Herbert
City Manager
WRH:KBK:gs
pc: City Attorney
Director of Finance
Director of Utilities & Operations
OFFICE OF THE CITY ATTORNEY
December 15, 1986
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: Request for Executive Session
Dear Mrs. Bowles and Gentlemen:
This is
a matter of
of Virginia
to request an Executive Session of Council to discuss
potential litigation pursuant to §2.1-344(a)(6), Code
(1950), as amended.
With kindest personal regards, I am
WCDJr:fcf
Sincerely yours,
Wilburn C. Dibling, .Jr,
City Attorney
cc: W. Robert Herbert, City Manager
Mary F. Parker, City Clerk
December 17, 1986
File #72
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
At a regular meeting o~ the Council of the City of Roanoke held
on Monday, December 15, 1986, Mr. H. Joel Kelly, 1113 Penmar
Avenue, S. E., Roanoke, Virginia, addressed Council with regard
to the plight of the needy.
On motion, duly seconded and adopted, you were requested to con-
tact localities in the Roanoke Valley to inquire as to their
interest and feasibility of jointly establishing a program
whereby each citizen would be requested to donate either one
dollar or a can or bag of food to help needy citizens. You were
also requested to determine if the proposal will be a duplication
of any service presently being provided.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:se
cc:
Mr. H. Joel Kelly, 1113 Penmar Avenue, S. E. Apt.
Roanoke, Virginia 24013 '
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Joel M. Schlanger, Director of Finance
Mr. James D. Ritchie, Director of Human Resources
I~x~'n456 MunlclpalB~ildlng 2150'~rdlAve~ue, S.WiRoanoke, Vlrglnta24011 (70,.3)981-2541
CITY CLEF'E~ F
'86 t~E¢ 12 !!1t'~'5
Ofllce c~ the Q~y C]e~
December 17, 1986
File #51
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
Your progress report with regard to enforcement of the Zoning and
other Ordinances, was before the Council of the City of Roanoke
at a regular meeting held on Monday, December 15, 1986.
On motion, duly seconded and adopted, the report was received and
filed.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:se
cc:
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Joel M. Schlanger, Director of Finance
Mr. William F. Clark, Director of Public Works
Mr. Ronald H. Miller, Building Commissioner/Zoning
Administrator
Mrs. Delores C. Daniels, Citizen's Requests for Service
Ms. Jinni Benson, Neighborhood Partnership Coordinator
Room 456 Municipal Building 215 Church A¥~ue, $.W. I~,ono~e, Vlrglnlo 24011 (703) 981-2541
RECEIVED
CITY C! E~I~",S OFF!liE
Roanoke, Virginia
December 15, 1986
Honorable Mayor and Members of Council
Roanoke, Virginia
Dear Members of Council:
Subject: Progress Report on Enforcement of Zoning and Other Ordinances.
I. Back~round
Significant number of complaints were received from citizens
regarding neighborhood eyesores and objectionable activities.
Such complaints indicated widespread noncompliance with ordinances
currently in effect, especially relative to:
1. Inoperative vehicles
2. Open storase
3. Signs
4. Illegal home occupations
B. Complaints received regarding the four above-listed issues totaled
1~178 from May 1986~ through October~ 1986.
The Buildin~ Department has made a concerted effort to eliminate
zonin~ violations in the City. The City formerly had one zoning
inspector, and six months ago a second person was named for this
position, through reclassification of a vacant position. In addition
to this additional personnel, City Council recently adopted legislation
which sets forth a new definition of "inoperative motor vehicle" which
is: (1) one which for a period of 60 days or more has been partially
or totally disassembled by the removal of tires and wheels, the engine
or other essential parts required for operation of the vehicle or (2)
one on which there are displayed neither valid license plates nor a
valid inspection decal. Although, there is much to be done, it is
apparent that great strides have been made in eliminating these
eyesores. Adoption of this new legislation authorizes stricter
enforcement.
II. Current Situation
Citizen Involvement: The building department welcomes and encourages
citizens' telephone calls reporting zoning violations of any nature and
calls covering inoperative motor vehicles. It is stressed that it is
most important to give complete details including address and nature
of violation. Also, although anonymous complaints are investigated,
it is preferred that the complainant give a name and telephone number
in order that in appropriate cases the inspector's findings and action
might be reported.
Page 2
December 15, 1986
B. Procedure followed in enforcement of zoning ordinance.
1. Inspection is made, following a complaint, to confirm validity
of complaint.
2. Certified letter allowing 15 days for compliance is mailed to
property owner.
Court proceedings are initiated if after the allotted time the
violation is not corrected. General District Court has one day
a month set aside for building code, zoning, and inoperative
vehicle violations to be heard. In some cases, violations are
brought into compliance when the owner realizes that Court action
has been taken. The Judges have been very supportive of this
program.
Routine inspections are being coordinated with those stemming
from complaints in an effort to canvass the entire City by
August 31, 1986.
C. Objective is to find violations and get them corrected before
complaints are made.
Temporary signs continue to be a source of problems. Owners of
businesses need to be educated as to requirements for permits and
length of time allowed for such signs. An effort in this direction
is being made through contact with the local newspaper. In addition
to complaints received, inspectors constantly find new signs that have
been erected without proper permit and those which have been left
beyond the number of days allowed.
III. Statistics concernin~ inspections made May through October 1986
May 1986 -
30 Sign violations
3 Court cases
199 Inoperative vehicles
147 Outdoor storage & miscellaneous
70 Weed violations
June 1986 -
56 Sign violations
123 Inoperative vehicles
128 Outdoor storage and miscellaneous
70 Weed violations
July 1986 -
37 Sign violations
169 Inoperative vehicles
209 Outdoor storage and miscellaneous
*August 1986-
44 Sign violations
11 Court cases
307 Inoperative vehicles
129 Outdoor storage and miscellaneous
Page 3
December 15, 1986
September 1986-
October 1986-
28 Sign violations
19 Court cases
333 Inoperative vehicles
110 Outdoor storage and miscellaneous
61 Sign violations
27 Court cases
307 Inoperative vehicles
132 Outdoor storage and miscellaneous
*New Court system for building and zoning violations went into effect
this month.
IV. Disposition of Court Cases
Complied (as of
Dismissed Court date) Continued
May 1986 3 3
Aug. 1986 i1 2 9
Sep. 1986 11 11 8
Oct. 1986 17 13 10
Nov. 1986 26 26 16
Those continued were still in violation and given until the next Court
date to comply.
As indicated, those cases which had been brought into compliance were
dismissed. In October, four (4) cases which had not complied were
dismissed for technical reasons and were resummonsed.
Ten percent of the total Court cases were fined Court costs. No other
fines were imposed.
Including the sixteen (16) cases continued from November, approximately 30
cases have been set for the December Court date.
This report is intended for information only; and, therefore, no action is
requested.
Page 4
December 15, 1986
The Council will be informed from time to time on the progress of enforcement
of the Code as addressed in this report.
W. Robert Herbert
City Manager
WRH:RHM:cmh
CC:
City Attorney
Director of Finance
Director of Public Works
Building Commissioner
Citizen's Requests for Service
Neighborhood Partnership Coordinator
December 17, 1986
File #57
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
Your report recommending consideration of petitions from resi-
dents of Edison Street, Kennedy Street, Oaklawn Avenue and any
other request from the Williamson Road area, along with other
similar requests for sidewalk, curb and gutter improvements
throughout the City, as funds become available, was before the
Council of the City of Roanoke at a regular meeting held on
Monday, December 15, 1986.
On motion, duly seconded and adopted, Council concurred in the
recommendation.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:se
cc: Mr. H. E. Vipperman, 2821 Edison Street, N. E., Roanoke,
Virginia 24012
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Joel M. Schlanger, Director of Finance
Mr. William F. Clark, Director of Public Works
Mr. Charles M. Huffine, City Engineer
Room 456 Municipal Building 2t50~urch Avenue, S.W. Roanoi~, '~rglnla 24011 (703) 981-2541
Honorable Mayor and City Council
Roanoke, Virginia
-. ~,. Roanoke, Virginia
C}TY M.~[~i~?F!C[ December 15, 1986
Dear Members of Council:
Subject: Williamson Road Storm Drain Projects
Petitions for Curb and Gutter
I. Background:
A. Bond Referendum was approved November 1984, which included
$8,388~500.00 for Williamson Road Storm Drainage, and $1.1
million for sidewalk, curb and gutter projects.
B. Four (4) storm drain projects have been bid.
1. Phase I - Contract Ia - $502,000.00 - Completed
2. Phase II - Contract I - $2~100,000.00 - Completed
3. Quadrant III - $2,054,766.56 - Under Construction
4. Phase I - Contract II - $1~881~944.00 - Bid
C. Sidewalk, curb and gutter has been included as part of the
storm drain projects only to the extent required to direct
storm water flow into the pipe system, to replace existing
improvements damaged during construction, or to modify
existing improvements due to the construction.
II. Current Situation:
A. Citizens on Edison Street and Kennedy Street have petitioned
for curb and gutter on remaining portion of their streets
that were unaffected by storm drain construction.
B. Petition has been received from citizens of the 3000 - 3200
blocks of Oaklawn Avenue for sidewalk, curb and gutter.
C. Various other requests for sidewalk, curb and gutter have
been received from property owners in the Williamson Road
area.
III. Issues:
A. Citizens' request for curb and gutter.
B. Cost to provide additional improvements.
Page 2
IV. Alternatives:
Consider Williamson Road neighborhood petitions along with
other similar requests for sidewalk~ curb and gutter
throughout the City.
Citizens' request for curb and gutter may be a part of
the $1.1 million bond issue improvements, depending
on priorities. In any case the petitions from the
Williamson Road area will receive the same degree of
consideration as other requests.
a)
Requests for sidewalk, curb and gutter improvements
received by the City range from small fill-in pro-
jects to large projects covering several blocks.
Approximately 150 such requests have been received
and are estimated to cost in excess of
$5~000~000.00 to construct.
b) Bond issue funds ($1.1 million) will be used to
make improvements on a phased basis.
(1) Phase I - 1986 - $397~118.00 Contract
(Under Construction)
(2) Phase II - 1987 - $400,000.00 ~ Contract
(Council has concurred in street selections.)
(3)
Phase III - 1988 - $300,000.00 ~ Contract
(Streets have not yet been presented to
Council for approval.)
2. Total cost of current program will remain at approxima-
tely $1.1 million.
Concur with citizens' requests to install curb and gutter on
Edison, Kennedy Streets, and sidewalk, curb and gutter on the
3000 - 3200 blocks of Oaklawn Avenue.
Citizens' requests for curb and gutter would be granted.
It could be anticipated that other residents of streets
affected by the storm drain project would request simi-
lar improvements.
Page 3
Ve
Cost to provide curb and gutter on Edison, Kennedy
Streets and sidewalk, curb and gutter on the 3000 - 3200
blocks of Oaklawn Avenue is $216~500.00. Other requests
in the Williamson road area are in excess of
$400~000.00. Since these improvements are not required
for the storm drain system to function, the use of funds
authorized for storm drains would be unappropriate and a
source of funding would have to be identified.
Recommendation is that City Council concur in Alternative "A".
The Administration will consider the petitions from the residents
of Edison Street, Kennedy Street, Oaklawn Avenue and any other
request from the Williamson Road area, along with other similar
requests for sidewalk, curb and gutter improvements throughout the
City as funds for such work becomes available.
Respectfully submitted,
W. Rnbert Herbert
City Manager
WRH/JGB/mm
cc:
City Attorney
Director of Finance
Director of Public Works
City Engineer
Mary F. Parker
City Clerk
December 11, 1986
Mr. H. E. Vipperman
2821 Edison Street, N. E.
Roanoke, Virginia 24012
Dear Mr. Vipperman:
This is to advise you that the enclosed report
is included on the agenda of the Council of the City of
Roanoke for its meeting on Monday, December 15, 1986, '
said Council meeting to begin at 2:00 p.m., in the
Council Chamber on the fourth floor of the Municipal
Building. -
Sincerely,
MFP:js
Mary F. Parker, CMC
City Clerk
Enc.
C~flce c~ the QI~ C]en~
December 17, 1986
File #24-58-79-184
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 28481, amending §22.1-2,
Definitions, of Chapter 22.1, Pensions and Retirement, Code of
the City of Roanoke (1979), as amended, in order to amend the
definition of "Earnable cnmpensation" therein, which Ordinance
was adopted by the Council of the City of Roanoke at a regular
meeting held on Monday, December 15, 1986.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:se
Enc.
cc: Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance
Mr. George C. Snead, Jr., Director of Administration and
Public Safety
Mr. Eric C. Turpin, Manager, Personnel Management
Ms. Jayne Smith, Benefits Coordinator
Room 456 Municipal Building 215 (D'~urch Avenue, S.W. D, oanoke, Vlrglnlo 24011 (70~) 981-2541
Mr. W. Robert Herbert
Page 2
December 17, 1986
cc: Mr. Donald S. Caldwell, Commonwealth's Attorney
Mr. Raymond F. Leven, Public Defender, Suite 4B, Southwest
Virginia Building, Roanoke, Virginia 24011
The Honorable Jack B. Coulter, Chief Judge, Circuit Court
The Honorable James W. Flippen, Chief Judge, Juvenile and
Domestic Relations District Court
The Honorable Edward S. Kidd, Jr., Chief Judge, General District
Court
The Honorable Ernest W. Ballou, Judge, Circuit Court
The Honorable Roy B. Willett, Judge, Circuit Court
The Honorable G. O. Clemens, Judge, Circuit Court, P. O. Box
1016, Salem, Virginia 24153
Miss Patsy Testerman, Clerk, Circuit Court
Ms. Patsy Bussey, Clerk, Juvenile and Domestic Relations
District Court
Mr. Ronald Albright, Clerk, General District Court
Mr. Bobby D. Casey, Office of the Magistrate, P. O. Box
13867, Roanoke, Virginia 24037
Ms. Clayne M. Calhoun, Law Librarian
Mr. Robert L. Laslie, Vice President - Supplements, Municipal
Code Corporation, P. O. Box 2235, Tallahassee, Florida 32304
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 15th day of December, 1986.
No. 28481.
VIRGINIA,
AN ORDINANCE amending §22.1-2, Definitions, of Chapter 22.1,
Pensions and Retirement, Code of the City of Roanoke (1979), as
amended, in order to amend the definition of "Earnable compensation"
therein; and providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. Section 22.1-2, Definitions of Chapter 22.1, Pensions and
Retirement, Code of the City of Roanoke (1979), as amended, be and it
is hereby amended to amend the definition of
therein to read and provide as follows:
§22.1-2. Definitions.
"Earnable compensation"
Earnable compensation shall mean all usual and regular
compensation, excluding overtime, pay or salary, in whatever
manner paid. In cases where compensation is not all paid in
money, the board shall fix the value of that part of the com-
pensation not paid in money. Earnable compensation shall
include compensation subject to a salary reduction agreement
between an employee and the City, which compensation is not
actually or constructively received by the employee.
2. In order to provide for the usual daily operation of the
municipal government, an emergency is deemed to exist, and this ordi-
nance shall be in full force and effect upon its passage.
ATTEST:
City Clerk.
December 17, 1986
File #58-79-184
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 28480, adopting a Pre Tax
Health Care Premium Program for the City of Roanoke; and
authorizing you to take the necessary measures to implement the
Program, which Ordinance was adopted by the Council of the City
of Roanoke at a regular meeting held on Monday, December 15,
1986.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:se
Enc.
cc: Mr.
Wilburn C. Dibling, Jr., City Attorney
Mr. Joel M. Schlanger, Director of Finance
Mr. George C. Snead, Jr., Director of Administration and
Public Safety
Mr. Eric C. Turpin, Manager, Personnel Management
Ms. Jayne Smith, Benefits Coordinator
Room456 MunlcipalBuildlng 215(~ura~Av~'~ue, S.W.l~x:~::~,e, Vlrg~lo24011 (703)981-2541
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 15th day of December, 1986.
No. 28480.
VIRGINIA,
AN ORDINANCE adopting a Pre Tax Health Care Premium Program
for the City of Roanoke; authorizing the City Manager to take the
necessary measures to implement the Program; and providing for an
emergency.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. Pursuant to, and subject to, the provisions of Section 106
and 125 of the Internal Revenue Code, Council hereby approves and
adopts the Pre Tax Heal. th Care Premium Program, effective January
1, 1987, in the form that such Program is attached to the report
to Council from the City Manager dated December 15, 1986.
2. The City Manager and the City Clerk are hereby authorized
to execute and to attest, respectively, the original copy of the
Program, evidencing its approval, and the City Manager is
authorized to take any further measures necessary in order to
implement the Program.
3. In order to provide for the usual daily operation of the
municipal government, an emergency is deemed to exist, and this
ordinance shall be in full force and effect upon its passage.
ATTEST:
City Clerk.
'86 I!EO!! P!:5!
December 15, 1986
Honorable Mayor and City Council
Roanoke, Virginia
Subject: City Adoption of Section 125 Plan
Dear Members of Council:
I. Background
Council approved in concept, a recommendation to deduct
emp--i~-yee health care premiums on a pre-tax basis
(December 2, 1985).
B. Council Briefing conducted on November 17, 1986, re-
garding procedures and effects on employee fringe
benefits.
C. Employee and Departmental Manager meetings were ~rovided
to explain pre-tax deduction of health care premzums
from November 18 through December 10, 1986.
Fringe benefit reductions may occur to some employee
if they elect the optzon to have health care premzums
deducted on a pre-tax basis. Group Life Insurance will
be based on W-2 wages and social security earnings may
be reduced by deducting health care premiums on a pre-
tax basis.
Personnel Manasement Department Benefits Coordinator
will continue to be available to answer employee
questions regarding personal affect of Section 125.
Employees will save the amount of the payroll taxes
on the value of their premium payments if they elect
the pre-tax option.
II. Current Situation
A. Internal Revenue Service code requires employers to
adopt a written pre-tax Health Care Premium Program.
B. Written plan of Pre-Tax Health Care Premium Program
required to be executed by the City Manager (copy
attached).
Page 2
December 15, 1986
C o
Earnable compensation as defined in Section 22.1-2,
Code of the City of Roanoke (1979), as amended,
should be clarified to include any compensation subject
to a salary reduction agreement between an employee
and the City.
III. Recommendation
Adopt resolution authorizing the City Manager to sign
the Pre-Tax Health Care Premium Program to be effec-
tive with the January 7, 1987, payroll.
B. Adopt the ordinance amending Section 22.1-2, Code of
the City of Roanoke (1979), as amended.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH:JDG:dp
cc: Director of Finance
City Attorney
THE CITY OF ROANOKE
PRE TAX HEALTH CARE
PREMIUM PROGRAM
EFFECTIVE JANUARy 1, 1987
The City of Roanoke Pre Tax Health Care
Premium Program
Article I
Article II
Article III
Article IV
Article V
Article VI
Table of Contents
Page
Definitions ............................ 1
Participation and Enrollment Form ...... 3
Contributions .......................... 5
Bene. fits ................................. 6
Miscellaneous .......................... 7
Adoption of the Plan ................... 8
Pursuant to the provisions of Sections 106 and 125 of the
Internal Revenue Code of 1954 as amended (IRC), the City of
Roanoke does hereby establish the Pre-Tax Health Care Premium
Program.
ARTICLE I
DEFINITIONS
1.01 Compensation means the total cash remuneration received
by the Employee from the City of Roanoke during a'Plan Year
prior to any reductions pursuant to a Salary Reduction Agreement
authorized hereunder.
i .02
Effective Date means January 1, 1987.
1.03.
who is
suant
Employee means any person employed by the City of Roanoke
eligible to receive health care insurance benefits put-
to the City of Roanoke benefit plans.
1.04. Employer means the City of Roanoke.
1.05. Employer Contributions means contributions to the Plan
for the purpose of providing health care insurance benefits here-
'under which are made by the Employer directly, on the employee's
behalf, pursuant to an election to receive such benefits in lieu
of taxable compensation.
1.06. Enrollment Form means the document that must be used to
select a bdnefit from the Plan which contains a Salary Reduction
Agreement and benefit election.
- 1 -
1,07. Highly Compensated Employee means any person who is
included in one of the following groups:
o The top 1/5 of all employees ranked by compen-
sation (employees earning $50,000 or less in
the current or preceding Plan Year will not be
considered highly paid, even if they are among
than $75,000 in the current
the top 1/5)
o Employees earning more
or preceding Plan Year.
Employees meeting any of these conditions in the current Plan
Year, but not in the preceding Plan Year, are placed in the
highly paid group only if they are among the highest paid 100
employees in the current year.
Former employees who were in the highly paid group at any
time after age 55 will always be considered as highly paid
employees. The determination of highly paid employees will be
based on the entire employee population. If members of the
same family are employed by the same employer and one family
member is considered in the highly paid group as one of the
10 highest paid employees, compensation from the Employer
and benefits received from the Plan by other family members
will be counted as received by the highly paid employee.
1.08. Plan means the City of Roanoke Pre-Tax Health Care
Premium Program.
1.09. Plan Administrator means the individual, or individuals,
appointed by the City Manager to carry out the administration of
the Plan.
1.10. Plan Year means the twelve (12) month period beginning
on January 1 and ending on December 31.
1.11. Salary Reduction Agreement means an Agreement (Enroll-
ment Form) between the Employee and the Employer under which the
Employee agrees to reduce his Compensation and to have such
amounts contributed as Employer Contributions to the Plan on the
Employee's behalf. The Agreement only applies to Compensation
that has not been actually or constructively received by the
Employee as of the date of the Agreement (after taking this Plan
and IRC Section 125 into account) and, subsequently, does not
become currently available to the Employee.
ARTICLE II
PARTICIPATION ~ ENROLLMENT FORM
2.01.
Health Care
returns it
Plan. Any
Each Employee who participates in the City of Roanoke
Insurance Plan who executes an Enrollment Form and
to the Plan Administrator will be a Participant in this
such Employee will become a Participant in this Plan
on the later of (a) the Effective Date or (b) the date he becomes
a Participant in the City of Roanoke Health Care Insurance Plan
and returns a completed Enrollment Form to the Plan Administra-
tor.
2.02. Each Participant shall submit an executed and completed
Enrollment Form. Enrollment Forms shall be effective until the
end of the Plan Year to which they relate and shall be irrevocable
throughout such period; provided, however, that a Participant may
.revoke a benefit election after the con~nencement of the Plan Year
if both the revocation and the new election are consistent with
change in .f.amily status. A change in family status shall be
in the following events:
a
deemed to have occurred
a. marriage.
b. divorce,
c. death of spouse or child.
d. birth or adoption of child,
e. termination of employment of
f. any other event which the Employer
and absolute discretion finds
family status.
spouse,
in its sole
to be a change in
2.03 Enrollment Forms shall be renewable annually under rules
established by the Employer; provided, however, that they shall
be deemed to have been renewed for the next Plan Year unless re-
voked or changed by receipt of a new Enrollment Form by the Plan
Administrator no later than 30 days prior to the commencement of
the Plan Year.
2.04. Participation in the Plan shall cease upon
of the following events:
the earliest
- 4
be
reclassification of a Participant as an employee not
eligible for City of Roanoke Health Care Insurance
Plan.
revocation of an Enrollment Form in accordance with
Sections 3.02 and 3.03.
termination of employment.
termination of the Plan which event shall
to occur solely by reason of a change in
tiers under the Plan.
not be deemed
insurance car-
ARTICLE III
CONTRIBUTIONS
3.01. Benefits under the Plan shall be financed by Employer
Contributions which shall be made pursuant to a Salary Reduction
Agreement. Such Salary Reduction Agreement shall provide:
a. that each Participant may elect to reduce his
or her annual compensation in an amount equal to
the prescribed employee contribution for partici-
pation in the appropriate eligibility class of the
City of Roanoke Health Care Insurance Plan.
b. that the Employer may increase or decrease the
amount of Employer Contributions at any time dur-
ing the Plan Year in an amount sufficient to cover
any changes in the costs of the benefits which the
Participants may have elected and which costs change
w{thin a Plan Year.
- 5
3.02. Any contribution hereunder shall be determined prior to
the beginning of the period for which it shall be applicable.
Contributions made pursuant to a Salary Reduction Agreement must
specifically be determined prior to the beginning of the period
for which it shall be applicable and shall be irrevocable for
such period as provided in Section 2.02.
Employees who do not elect to participate when first eligible
shall again be eligible to elect to participate within the sixty
(60) to thirty (30) day period preceding the first day of a Plan
Year. In this event benefits shall commence on the first day of
the Plan Year following the end of such period.
3.03. All individual Salary Reduction Agreements are deemed
to be part of this Plan and incorporated by reference hereunder.
ARTICLE IV
BENEFITS
4.01. Each Employee shall execute an Enrollment Form,
other forms provided by the Plan Administrator to elect
lowing benefits under the Plan for a period of one (1)
a. Health care insurance benefits covering the
employee only, or the employee and one depen-
dent child, or the employee and his dependents,
and any
the t'ol-
Plan Year:
provided by the City of Roanoke. the terms, con-
ditions, and rates for which shall be incorpo-
rated herein by reference.
In the absence of an election of benefits in (a)
above, contributions which would otherwise be
subject to a Salary Reduction Agreement shall
be paid in cash and included in the Employee's
regular pay.
4.02. If the Plan Administrator determines, before or during
any Plan Year, that the Plan may fail to satisfy for such Plan
Year any non-discrimination requirement now or hereinafter
imposed by the Code or any limitations on benefits provided to
Highly Compensated or other groups of Employees, now or herein-
after as provided in the Code, the Plan Administrator shall take
such action as the Plan Administrator deems appropriate, under
rules uniformly applicable to similarly situated participants, to
assure compliance with such requirements or limitations. Such
action may include, without limitation, a modification of elec-
tion by Highly Compensated Employees, or other groups of
Employees, now or hereinafter as provided in the Code, with or
without the consent of such Employees.
ARTICLE V
MISCELLANEOUS
5.01. The Plan shall be construed, regulated and administered
according to the laws of the State of Virginia except in those
areas preempted by the laws of the United States of America. The
headings and subheadings in the Plan have been inserted for eon-
venience of reference only and shall not affect the construction
of the provisions hereof. In any necessary construction the mas-
culine shal-1 include the feminine and the singular, the plural
and vice versa.
- 7 -
5.02. The Plan shall not be deemed to constitute a contract
between the Employer and the Employee or to be consideration or
an inducement for the employment of any Employee. No Employee
in the Plan shall acquire any right to be retained in the Em-
ployer's employ by virtue of the Plan, nor, upon his dismissal
or upon his voluntary termination of employment, shall he have
any right or.interest in the Plan other than as specifically
provided herein. Except to the extent required by law, the
Employer shall not be liable for the payment of any benefit
provided for herein; all benefits hereunder shall be payable
only from the Plan, and only to the extent that the Plan has
been allocated sufficient assets.
5.03. The Employer agrees to indemnify and reimburse, to
the fullest extent permitted by law, members of the City Council,
and employees acting on behalf of the Employer, and all such
former Council members, and employees, for any and all expenses,
liabilities or losses arising out of any act or omission relating
to the rendition of services for or the management and administra-
tion of the Plan.
.5.04. The Employer shall have the right to terminate, amend,
suspend or withdraw the Plan at any time.
ARTICLE VI
ADOPTION OF THE PLAN
6.01. Anything herein to the contrary notwithstanding, this
Plan is created and maintained under the condition that it quali-
lies under Sections 106 and 125 of the Internal Revenue Code, or
under comparable Seetions of any further legislation whieh
amends, supplements or supersedes sueh Seetions.
As evidence of its adoption of the Plan, the City of Roanoke
has caused this instrument to be signed by its officers thereunder
duly authorized and its corporate seal to be affixed hereto this
day of , 1986.
ATTEST:
THE CITY OF RoANoKE
Mary F. Parker, City Clerk
By
- 9 -
December 17, 1986
File #27-60
Mr. Joel M. Schlanger
Director of Finance
Roanoke, Virginia
Dear Mr. Schlanger:
I am attaching copy of Ordinance No. 28483, amending and reor-
daining certain sections of the 1986-87 Capital Projects Fund
Appropriations, by appropriating $148,100.00 in connection with
relocation and assistance with certain flood related expenses for
certain property owners and tenants in the Lick Run Dry Basin
Area (Shadeland Avenue), which Ordinance was adopted by the
Council of the City of Roanoke at a regular meeting held on
Monday, December 15, lg86.
Sincerely,
~.'lary F. Parker, CMC
City Clerk
MFP:se
EnCo
cc: Mr. Jennings T. Bird, Attorney, p. O. Box 2795, Roanoke,
Virginia 24001
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Kit B. Kiser, Director of Utilities and Operations
Mr. William F. Clark, Director of Public Works
Mr. Richard V. Hamilton, Right-of-Way Agent
Mr. Von W. Moody, III, Director of Real Estate Valuation
Roc~n456 MunlcipalButldlng 215(~urchAv~ue, S.W. Roclnc~e, Vlrglnla24011 (703)981-254t
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 15th day of December, 1986.
No. 28483.
VIRGINIA,
AN ORDINANCE to amend and reordain certain sections of the
1986-87 Capital Projects Fund Appropriations and providing for an
emergency.
WHEREAS, for the usual daily operation of the Municipal
Government of the City of Roanoke, an emergency is declared to
exist.
THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke that certain sections of the 1986-87 Capital Projects
Fund Appropriations be, and the same are hereby, amended and
reordained, to read as follows,-in part:
Appropriations
Capital Improvements Reserve
Capital Improvement Reserve - Washington Park
Storm Drain (1) .................................
Sanitation
Lick Run Flood Assistance (2) ....................
(1) Wash. Park
Storm Drain (A008-052-9575-9185) $(148,100)
(2) Approp. from
Gen. Revenue (A008-052-9587-9003) 148,100
$8,643,265
796,093
8,151,745
148,100
BE IT FURTHER ORDAINED that, an emergency existing, this
Ordinance shall be in effect from its passage.
ATTEST:
City Clerk.
OFFICE OF THE. CITY ATTORNEY
December 15, 1986
RECEIYEO
CITY C
'86 i}E'.r; 10
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: Lick Run Dry Basin
Dear Mrs. Bowles and Gentlemen:
As Council is aware, with acceptance of the City's offers to
purchase fourteen parcels On Shadeland Avenue, Phase I property
acquisition for the Lick Run Dry Basin is virtually complete.
All property will be purchased at its fair market value as deter-
mined by competent appraisers and within the funding previously
appropriated by Council for the purpose. Closing on these pro-
perties will commence in the near future. By separate report,
the City Manager is requesting authority to proceed to Phase II
of property acquisition for the Lick Run storm drainage project.
Offers to the fourteen property owners, who will be relocat-
ing, and four tenants in the Lick Run Dry Basin Area have also
included assistance with certain flood related expenses. This
is to request that $148,100 be appropriated to ease the burden
of recovery for these families. In this regard, I recommend the
attached budget ordinance for Council's favorable consideration.
With kindest personal regards, I am
WCDJr:fcf
Attachment
Sincerely yours,
Wilburn C. Dibling, Jr.
City Attorney
W. Robert Herbert, City Manager
Joel M. Schlanger, Director of Finance
Kit B. Kiser, Director, Utilities and Operations
William F. Clark, Director, Public Works
December 18, 1986
File #27
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 28484, providing for the
acquisition of real estate needed by the City for the construc-
tion of the Lick Run 'Dry Basin, Phase II; authorizing you to
establish to a certain limit the consideration to be offered by
the city for each parcel; providing for the City's acquisition of
such real estate by condemnation, under certain circumstances:
authorizing the City to make motion for the award of a right of
entry on any of the parcels for the purpose of commencing the
project; and directing the mailing of this ordinance to the pro-
perty owners, which Ordinance was adopted by the Council of the
City of Roanoke at a regular meeting held on Monday, December 15,
1986.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:se
Eric,
cc:
Mr. Jennings T. Bird, Attorney, P. O. Box 2795, Roanoke,
Virginia 24001
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Joel M. Schlanger, Director of Finance
Mr. Kit B. Kiser, Dir'ector of Utilities and Operations
Mr. William F. Clark, Director of Public Works
Mr. Richard V. Hamilton, Right-of-Way Agent
Mr. Von W. Moody, III, Director of Real Estate Valuation
Room 456 Municipal Building 215 Church Avenue, $.W. P, oanoi~, Vlrglnio 24011 (703) 981-2541
Off~ce of the City Cle~
December 18, 1986
File #27
Estate of Raymond R. Baker
c/o Bank of Virginia Trust Co.
P. O. Box 57000
Roanoke, Virginia 24022
Dear Gentlemen:
I am enclosing copy of Ordinance No. 28484, providing for the
acquisition of real estate needed by the City for the construc-
tion of the Lick Run Dry Basin, Phase II; authorizing the City
Manager to establish to a certain limit the consideration to be
offered by the city for each parcel; providing for the City's
acquisition of such real estate by condemnation, under certain
circumstances; authorizing the City to make motion for the award
of a right of entry on any of the parcels for the purpose of com-
mencing the project; and directing the mailing of this ordinance
to the property owners, which Ordinance was adopted by the
Council of the City of Roanoke at a regular meeting held on
Monday, December 15, 1986.
Si ncerely,
Mary F. Parker, CMC
City Clerk
MFP:se
Eric.
Room456 Munlcll:~all~ildlng 215~R,a'chA've~que. S.W. laoanol~,Vlrginla24011 (703)981-2541
Office of the City Clerk
December 18, 1986
File #27
Mr. Richard Hess
1120 Stoutamire Drive
Salem, Virginia 24153
Dear Mr. ~ess:
I am enclosing copy of Ordinance No. 28484, providing for the
acquisition of real estate needed by the City for the construc-
tion of the Lick Run Dry Basin, Phase II; authorizing the City
Manager to establish to a certain limit the consideration to be
offered by the city for each parcel; providing for the City's
acquisition of such real estate by condemnation, under certain
circumstances; authorizing the City to make motion for the award
of a right of entry on any of the parcels for the purpose of com-
mencing the project; and directing the mailing of this ordinance
to the property owners, which Ordinance was adopted by the
Council of the City of Roanoke at a regular meeting held on
Monday, December 15, 1986.
Si ncerel y,
tqary F. Parker, CMC
City Clerk
MFP:se
Eric.
Room456 Munlclpall~uildlng 2150'~urchAve~ue, S.W. Roanoke, Vl~jInia24011 (703)981-2541
Office of the City
December 18, 1986
File #27
Ms. Minnie H. Shelton
3728 Michigan Avenue, N. W.
Roanoke, Virginia 24017
Dear Ms. Shelton:
'I am enclosing copy of Ordinance No. 28484, providing for the
acquisition of real estate needed by the City for the construc-
tion of the Lick Run Dry Basin, Phase II; authorizing the City
Manager to establish to a certain limit the consideration to be
offered by the city for each parcel; providing for the City's
acquisition of such real estate by condemnation, under certain
circumstances; authorizing the City to make motion for the award
of a right of entry on any of the parcels for the purpose of com-
mencing the project; and directing the mailing of this ordinance
to the property owners, which Ordinance was adopted by the
Council of the City of Roanoke at a regular meeting held on
Monday, December 15, 19B6.
Sincerely,
~lary F. Parker, CI1C
City Clerk
MFP:se
Enc.
Room ~ Munlclpal Building 21.5 Church Avenue, S.W. Roanoke, Virginia 2401 t (703) 981-2541
O~gce of ~he O~y ~
December 18, 1986
File #27
Mr. Thomas H. Noell
RFD 3, Box 22
Roanoke, Virginia
24019
Dear Mr. Noell:
I am enclosing copy of Ordinance No. 28484, providing for the
acquisition of real estate needed by the City for the construc-
tion of the Lick Run Dry Basin, Phase II; authorizing the City
Manager to establish to a certain limit the consideration to be
offered by the city for each parcel; providing for the City's
acquisition of such real estate by condemnation, under certain
circumstances; authorizing the City to make motion for the award
of a right of entry on any of the parcels for the purpose of com-
mencing the project; and directing the mailing of this ordinance
to the property owners, which Ordinance was adopted by the
Council of the City of Roanoke at a regular meeting held on
Monday, December 15, 1986.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:se
Eno.
Room456 MunldpolBulldlng 215 0~urch Avenue, S.W. Roanoke, Vlrglnla24011 (703)981-2541
O~lce of ~ne City Clen~
December 18, 1986
File #27
Mr. Berkley W. Robertson
3440 Valley View Avenue, N. W.
Roanoke, Virginia 24012
Dear Mr. Robertson:
'I am enclosing copy of Ordinance No. 28484, providing for the
acquisition of real estate needed by the City for the construc-
tion of the Lick Run Dry Basin, Phase II; authorizing the City
Manager to establish to a certain limit the consideration to be
offered by the city for each parcel; providing for the City's
acquisition of such real estate by condemnation, under certain
circumstances; authorizing the City to make motion for the award
of a right of entry on any of the parcels for the purpose of com-
mencing the project; and directing the mailing of this ordinance
to the property owners, which Ordinance was adopted by the
Council of the City of Roanoke at a regular meeting held on
Monday, December 15, 1986.
Sincerely,
Mary F. Parker, C~C
City C1 erk
MFP:se
Eric.
I~m456 Munlc~lBulldlng 215(~ura~A,,~ue, S.W. Roonoke, Vlrglnla24011 (703)981-2541
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 15th day of December, 1986.
No. 28484.
VIRGINIA,
AN ORDINANCE providing for the acquisition of real estate
needed by the City for the construction of the Lick Run Dry
Basin, Phase II; authorizing the City Manager to establish to a
certain limit the consideration to be offered by the city for
eaeh parcel; providing for the City's aequisition of such real
estate by condemnation, under certain circumstances; authorizing
the City to make motion for the award of a right of entry on any
of the parcels for the purpose of commencing the project;
direeting the mailing of this ordinanee to the property owners;
and providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. For the construction of the Lick Run Dry Basin, Phase II,
in this City, the City wants and needs 12 parcels, comprising a
fee tract, and 9 storm drainage easements, temporary construction
easements and rights of ingress and egress, listed in the report
of the City Manager on this subject, dated December 15, 1986. on
f'ile in the Office of the City Clerk. The proper City officials
are authorized to acquire for the City from the respective owners
the necessary real estate with appropriate ancillary rights, for
such consideration as the City Manager may deem appropriate, sub-
ject to the limitation set out below and subject to applicable
statutory guidelines.
2. The City Manager is directed to offer on behalf of the
City to the owners of each of the aforesaid interests in land
such consideration as he deems appropriate; provided, however,
the total consideration offered or expended shall not exceed
$65,000.00 without further authorization of Council. Upon the
acceptance of any offer and upon delivery to the City of a deed,
approved as to form and execution by the City Attorney, the
Director of Finance is directed to pay the respective con-
siderations to the owners of the interest conveyed, certified by
the City Attorney to be entitled to the same.
3. Should the City be unable to agree with the owner of any
real estate to be acquired or should any owner be a person under
a disability and lacking capacity to convey real estate or should
the whereabouts of the owner be unknown, the City Attorney is
authorized and directed to institute condemnation or legal pro-
ceedings to acquire for the City the appropriate real estate.
4. In instituting or conducting any condemnation pro-
ceeding, the City Attorney is authorized to make motion on behalf
of the City for entry of an order, pursuant to §25-46.8, Code of
Virginia (1950). as amended.
entry for the purpose of
Finance, upon request of
directed to draw and pay
respective owners.
5. The City Clerk is directed to mail
nance to each property owner.
granting to the City a right of
commencing the project. The Director of
the City Attorney. is authorized and
into court the sums offered to the
a copy of this ordi-
6. In order to provide for the usual daily operation of the
municipal government, an emergency is deemed to exist, and this
ordinance shall be in full force and effect upon its passage.
ATTEST:
City Clerk.
December 15, 1986
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Authorization for Phase II Acquisition for Lick
Run Dry Basin
Report to Council on August 11, 1986 requested an appropriation for
appraisals, acquisition of real property, and demolition/relocation for
the Lick Run Dry Basin. Council appropriated the funds requested and
authorized acquisition of Phase I of the properties, those properties
occupied by residential dwellings and as identified in that August 11,
1986 report.
Phase I acquisition has proceeded to the point that we can now pro-
ceed with Phase II acquisition from funds previously appropriated. Phase
II properties comprise of fee simple purchase of all or portions of twelve
(12) properties and drainage easements across approximately nine (9) pro-
perties generally as shown on the attached map. Fair market value will be
established by an independent appraiser in coordination with the records
maintained by the City's Director of Real Estate Valuation, or by the con-
demnation process if necessary.
This is to request Council's authorization to purchase the properties
and easements, at fair market value, to the limit of $65,000 from funds pre-
viously appropriated and as generally shown on the attached map.
Honorable Mayor and City Council
December 15, 1986
Page 2
WRH:KBK:afm
Attachment
CC:
City Attorney
Director of Finance
Director of Public Works
Director of Real Estate Valuation
Right of Way Agent
Respectfully submitted,
W. Robert Herbert
City Manager
:~:
· ·
LICK RUN DRY BASIN
PHASE II
Property To Be Acquired:
Estate of Raymond R. Baker,
Bank of Virginia Trustee, Official
Tax Nos. 2050401, 2050402, 2050404,
2050405, 2050418 & portion of 2232222
Richard Hess, Lots 9 & 10, Block
2, Shadeland, Official Tax No. 2050305
Minnie H. Shelton, 2.643 acres, Portions of
Official Tax Nos. 2050704 & 2050705
Thomas H. Noell, 0.25 acres
Official Tax No. 2030102
Berkley W. Robertson, Lots 11, 12,
13 & 14, Block 2, Shadeland, Official
Tax Nos. 2050306 & 2050307
Total Cost of Properties
Storm Drain Easements:
Cordelia or Jacqueline Penn
Tax No. 2030201
Trustees, Pilgrim Baptist Church
Tax No. 2032001
Natalie Beale Claytor
Tax No. 2030401
Alphonso, Sr. & Katherine M. McCain
Tax No. 2030103
Venson & Jessie A. Oliphant
Tax Nos. 2030104 & 2030105
Magdalene Terrell
Tax No. 2030106
John B., Jr. & Ruth A. Claytor
Tax No. 2030108 & 2030101
OFFICE OF THE. CITY ATTORNEY
464 MUNICIPAL BUILDING
ROANOKE, VIRGINIA 240'll
December 15, 1986
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: Proposed 1987 Legislative Program
Dear Mrs. Bowles and Gentlemen:
Attached for your review and comment is a proposed Legisla-
tive Program for the City for 1987. The proposal is in draft
form at this time, and Council may, of course, add items to the
Program, delete items or amend provisions of the Program. I
shall be pleased to work with Council to insure that the Program
addresses Council's legislative concerns.
This proposed Legislative Program has been prepared with the
assistance of comments and suggestions from members of Council,
Council-appointed officers and directors. The proposed Program
also includes major legislative positions endorsed by the School
Board and is, in fact, a joint Program.
The Policy Statements represent an effort to set out the
philosophy of City Council with respect to seven important pub-
lic policy issues facing the localities of the Commonwealth. No
legislative program can address or even attempt to address all
those specific legislative issues affecting the City of Roanoke
that may arise during the course of a session of the General
Assembly; the Policy Statements, however, should provide helpful
guidance to our legislators in addressing the vast majority of
legislative issues that affect the City.
Two new Policy Statements have been added this year. Many
of you have discussed with me the widely recognized "magnet
effect" of central cities (attraction of a disproportionate
number of persons in need of services creating a drain on local
resources), and I have included a statement imploring the State
to recognize this phenomenon and provide special funding and
authorities to deal with it. A second new Policy Statement
recognizes the seriousness to society of the drug abuse problem.
Policy Statements on Mandated Programs, Revenue and Finance and
Education have been rewritten to update and streamline them.
The Honorable Mayor
of City Couneil
December 15, 1986
and Members
Page 2
With respect to the specific Legislative Proposals, a con-
certed effort has been made to avoid so many proposals that our
Program becomes unmanageable and unrealistic. In including items
in the section on Legislative Proposals, I have attempted to in-
clude only items that are relevant to this City, have a high
priority in importance and are politically attainable. As in
previous years, City Council will undoubtedly want to take a
position on a number of issues pending before the 1987 Session of
the General Assembly which are not specifically addressed by the
Legislative Program. I look forward to vigorously advocating
Council's position with respect to these issues.
I understand that the Mayor, with the assistance of Mrs.
Parker, has scheduled a meeting with our legislators for dis-
cussion of the Legislative Program at 3:30 p.m. on December 18,
1986. I also understand that Mrs. Parker will extend an invi-
tation to the School Board and Superintendent to attend this
meeting. I hope that each of you will be present.
I recormnend the attached Legislative Program to you for
adoption by motion, either as presented or as amended by Council.
Thank you for the opportunity, once again, to prepare a Legisla-
tive Program designed to advance the interests of this City and
its people.
With kindest personal regards, I am
Sincerely yours,
Wilburn C. Dibling, Jr.
City Attorney
WCDJr:fcf
Attachment
cc: W. Robert Herbert, City Manager
Joel M. Schlanger, Director of Finance
Mary F. Parker, City Clerk
The Honorable Chairman and Members of the School Board
Dr. Frank P. Tota, Superintendent
CITY OF ROANOKE
1987
LEGISLATIVE PROGRAM
WILBURN C. DIBLING, JR.
CITY ATTORNEY
464 MUNICIPAL BUILDING
ROANOKE, VIRGINIA 24011
703-981-2431
CITY COUNCIL
Noel C. Taylor, Mayor
Howard E. Musser, Vice-Mayor
David A. Bowers
Elizabeth T. Bowles
Robert A. Garland
James G. Harvey, II
James O. Trout
CITY MANAGER
SCHOOL BOARD
Edwin R. Feinour, Chairman
William White, Sr., Vice-Chairman
Donald Bartol
Sallye T. Coleman
LaVerne B. Dillon
David K. Lisk
James M. Turner, Jr.
SUPERINTENDENT
W. Robert Herbert Dr. Frank P. Tota
TABLE OF CONTENTS
Introduction ................................................... 1
Policy Statements .............................................. 2
Legislative Proposals .......................................... 6
I NTRODUCT I ON
The City Council and School Board of the City of Roanoke are
pleased to commend this Legislative Program for consideration by
the 1987 Session of the General Assembly. This Program has been
prepared by our City Attorney, Wilburn C. Dibling, Jr., with the
assistance of comments and suggestions from Council members,
School Board members, City and School administrators and citi-
zen s ·
The Program consists of two parts. The first part is a
series of policy statements which represent the philosphy of
Roanoke City Council on a number of important policy issues.
Obviously, it is impossible to anticipate all the legislative
issues that will arise during the course of any session of the
General Assembly, and these policy statements should provide
helpful guidance to our legislators throughout the Session. The
second part of the Program consists of specific legislative pro-
posals of the City.
The City Council and School Board are uniquely qualified to
understand the legislative needs of this City and its people, and
I am of the opinion that this Program is responsive to those
needs. With the support of our legislators, and this City is
fortunate to have legislators who are most supportive and re-
sponsive to the needs of our City and its citizens, I know that
our City government and School Division will be improved and that
the quality of life for our citizens will be advanced.
If during the course of the Session our legislators have
questions concerning the position of the City on legislative mat-
ters, they are encouraged to contact our City Attorney who I know
will be pleased to respond after consultation with Council or the
School Board and any other appropriate officials. I also know
that the City Attorney will be in contact with our legislators on
many occasions during the 1987 Session, and their consideration
of his communications is deeply appreciated.
Noel C. Taylor
Mayor
POLICY STATEMENTS
Effective Government
Local governments were originally organized to provide essential
services and protection that citizens could not or would not pro-
vide for themselves. Examples of such essential local services
are education, provision for health and welfare, police and fire
protection, delivery of safe water, sewage treatment and refuse
collection. Local governments and their officials are continu-
ally striving for economy and productivity in delivery of such
services. Unfortunately, the essential services for which local
governments were originally created have been overshadowed by
numerous less critical programs mandated by the federal and State
governments.
The federal and State governments should recognize that local
governments are the best vehicle for the delivery of basic public
services because local governments are closest to the people and
most responsive to their needs. Furthermore, basic public ser-
vices cannot be performed in the most effective way if Virginia
adopts the federal model of over-regulation with the State dic-
tating in minute detail'the structure of all local government,
the administrative and legislative procedures to be followed
uniformly by all local governments and the details of all
programs administered at the local level.
With more and more programs and functions being returned to
the states and localities by the federal government, it is impor-
tant that local governments be granted greater autonomy to manage
their own affairs and that the Commonwealth refrain from inter-
vention in local policy and administrative issues.
Mandated Programs
Efforts to reduce huge federal deficits will almost certainly
involve more responsibility at the State and local levels.
As the federal government eliminates programs and functions,
there will be a continuing temptation for the State to pass these
programs and responsibilities down to its already financially
stressed cities, towns and counties. It is, however, unrealis-
tic to expect local governments to assume any new mandates,
either through law or regulations, which require expenditure of
local funds. Moreover, local taxpayers are not supportive of
local tax increases to fund mandates from Richmond.
The General Assembly and the Governor are urged to actively seek
the reduction of excessive regulatory and statutory mandates.
As noted in the 1984 JLARC study of Local Mandates and Fiscal
Resources, State mandates in the area of education and social
services are of serious financial concern to localities. The
General Assembly is strongly urged to adress the local fiscal
impact of state mandates during the 1987 Session.
Revenue and Finance
The study of local governments conducted by the Joint Legis-
lative Audit and Review Commission (JLARC) in 1983 found that
most local governments are fiscally stressed and that cities are
generally more fiscally stressed than counties. Furthermore, the
same study found that the fiscal stress of localities has been
increasing in recent years.
A major factor in the fiscal stress of localities is the level
of State aid and State mandates. State aid to localities has
grown at a rate considerably less than the rate of growth in
State general fund revenues, and, at the same time. the State
has continually imposed new unfunded mandates on the locali-
ties. These factors are compounded by rapidly shrinking federal
aid.
The problem of fiscal stress is further complicated by the con-
tinued erosion of the local tax base. The General Assembly is
urged not to cap, remove or further restrict any revenue sources
that are currently available to localities, including taxing
authority and user fees. Investigation and study of additional
local revenue sources is also encouraged. Historically, real
and personal property taxes have been the foundation of local
tax revenues. The State's restriction and erosion of other
local resources, however, have resulted in over reliance on
property taxes, placing local governments in financial jeopardy.
JLARC's own study shows that the real property tax rate in
Virginia is the second highest among fifteen Southern states
and fifty percent higher than nine Southern States. The City
supports additional and more equitable sources of revenue, but
the decision on which, if any, local revenue sources should be
reduced or eliminated should be strictly a local decision.
Education
The Report of the Governor's Commission on Virginia's Future
states that education should be the highest priority of the Com-
monwealth. Yet, the Report notes that Virginia has not honored
its commitment to education.
Inadequacy of State funding of education is readily apparent in
our own City. Using new methodology, the General Assembly set
the per pupil cost of the Standards of Quality (SOQ) at $2,044
for Fiscal Year 1986-1987. Actual per pupil cost for City
students, however, is estimated to be $3,623 for Fiscal Year
1986-1987. Moreover, the City schools actually receive only
$660 per pupil for this Fiscal Year after application of the
composite index and State sales tax to the SOQ funding formula,
Full funding of the State's share of the actual cost
Standards of Quality and full funding of categorical
mandates is a high legislative priority of the City.
of the
educational
Magnet Effect Of Central Cities
The larger, more urbanized, central cities of the Commonwealth
provide a full range of social and humanitarian programs. School
systems in these cities provide excellent special education pro-
grams, and private charities located in central cities provide a
broad range of charitable assistance. These factors make the
Commonwealth's central cities a magnet for those in need of ser-
vices. It is not surprising that our central cities include a
disproportionate number of handicapped, disabled, illiterate, un-
employed, impoverished and homeless persons. The City of Roanoke
has graciously shared its municipal resources with those in need
of services. The City's generosity continues while the communi-
ties from which these persons come make no contribution toward
their support. The magnet effect creates an unfair situation for
the Commonwealth's central cities.
Since the central cities are bearing a disproportionate burden,
which should in all fairness be shared equally by all citizens
of the Commonwealth, the General Assembly should provide special
funding and authorities to these cities.
Economic Development
Economic development is a way of improving the economy and
tax base of the Commonwealth and its localities. Virginia has,
unfortunately, lagged behind neighboring states in its economic
development programs and activities. The City endorses the em-
phasis of Governor Baliles on economic development, which includes
all those activities that enhance the economic well being of the
Commonwealth and its political subdivisions, and the increased
efforts of the Division of Industrial Development to foster eco-
nomic development in Virginia.
According to the Report of the Governor's Commission on Vir-
ginia's Future, Virginia needs an economic development strategy.
The Commonwealth is implored to form a partnership with its
localities to develop a statewide strategy which should recog-
nize the unique eoonomic development problems of Virginia's
land poor cities. Tourism and convention activity should be
recognized as integral components of economic development.
- 4 -
Drugs
The City and School Board are vitally concerned about the
problems caused by drugs in our society and support efforts to
increase programs designed for the prevention and cure of drug
abuse.
- 5 -
LEGISLATIVE PROPOSALS
FULL FUNDING OF STANDARDS OF QUALITY AND CATEGORICAL EDUCATIONAL
MANDATES
A top priority of the City Council and School Board is full
funding of the State-imposed Standards of Quality (SOQ) and full
funding of categorical educational mandates. Increased State
funding should be achieved without reduction to other funding
components of the State's public education budget or to other
State funding items affecting local government.
The new methodology developed by the Joint Legislative Audit and
Review Commission (JLARC) for calculating the costs of the SOQ,
which subsequently was modified by the Governor and included in
the 1986-1988 Appropriations Act, is not realistic and should be
revised. The methodology supported by City Council and the City
School Board is that previously utilized by the Department of
Education prior to the 1986-1988 Biennium. The Department's cal-
culation, which represents a more realistic estimate of SOQ
costs, was on the statewide average number of instructional posi-
tions, statewide average salary and benefit costs and an amount
for support services based on actual costs.
Utilizing the new methodology, the General Assembly set the SOQ
per pupil cost at $2,044 for 1986-1987 and $2,254 for 1987-1988.
Under the new methodology, however, a discrepancy exists between
what the State maintains is required and the actual cost to lo-
calities of funding the SOQ. Actual per pupil cost for Roanoke
City is estimated to be $3,623 for Fiscal Year 1986-1987 and
$3,977 for Fiscal Year 1987-1988. More importantly, Roanoke City
Schools actually will receive only $660 per pupil for Fiscal Year
1986-1987 and $759 per pupil for Fiscal Year 1987-1988 after ap-
plication of the composite index and State sales tax to the SOQ
funding formula. The State should fund the full cost of the SOQ
calculated on a more realistic basis.
Furthermore, the General Assembly should recognize local govern-
ments' longstanding support of public education. For many years,
City Council has funded educational costs beyond its required
share in an effort to provide quality education.
FUNDING FOR GOVERNOR'S SCHOOL FOR SCIENCE AND TECHNOLOGY
During the 1986 Session of the General Assembly, 1986-1988
Biennium funds were appropriated for six regional high schools
specializing in mathematics, science, technology and the arts.
For the second year of the Biennium, however, a 20% reduction in
funding was specified along with a directive that localities
- 6 -
should plan for total financial support of these programs in the
future. The Appropriation Act places the burden on local tax-
payers in these six localities to fund 100% of the excess costs
not covered by minimal per pupil reimbursement/tuition. Due to
the fact that these programs are highly technical in nature, and
regional in scope, the per pupil personnel and support costs for
the operation of these specialized schools are greater than those
for the regular high school program.
The General Assembly, therefore, is urged to provide additional
State categorical funding for local school divisions where these
State-initiated regional schools are located. Without adequate
State support, the future of these State-initiated regional
schools is uncertain.
LITERARY FUND
The State Board of Education is authorized by §22.1-146, Code of
Virginia (1950), as amended, to make loans from the Literary Fund
to local school boards for school construction purposes. Current-
ly, low-interest Literary Fund loans are the major source of
State assistance for school divisions' capital improvement
budgets. During the last four State budgets, however, a total of
$166.9 million has been transferred out of the Literary Fund by
the General Assembly for State support of teacher retirement,
thus reducing the available funds for low-interest Literary Fund
loans.
The inadequacy of Literary Fund money is evidenced by a long
waiting list for construction loans (in excess of two years).
These capital expenditures are a legitimate portion of the
overall cost of education and, in the absence of direct State
support to local school board construction projects, the Lite-
rary Fund should be carefully protected. Consequently, the use
of the Literary Fund should be limited to loans for school con-
struction, alteration, renovation/modernization and expansion.
The City Council and School Board support legislation that would
restore to public school divisions in Virginia expedient access
to Literary Fund loans and oppose the use of the Literary Fund of
the Commonwealth for purposes other than the construction, altera-
tion, renovation/modernization or expansion of school buildings.
FULL FUNDING OF STATE MANDATED PROGRAMS
JLARC's July, 1985, update to its 1984 State Mandates on Local
Governments study recommended that State funding be increased
substantially for special education, social services auxiliary
grants and State-mandated health programs. The City strongly
supports this recommendation and also strongly supports full
- 7
funding of the State's share of the actual costs of both
Standards of Quality education mandates and categorical educa-
tion programs, as previously noted, and continued State support
of human services programs. Furthermore, in the event of reduced
revenues to localities as a result of the Gramm-Rudman-Hollings
Act or other Federal legislative actions, the City urges the
State to recognize its responsibility to aid localities, either
directly through State financial assistance or indirectly through
the passage of permissive legislation allowing localities to tap
additional sources of revenue.
HOMELESS SHELTERS
Homeless persons are attracted from all areas of the State to
urban centers by the availability of governmental programs of
assistance and private charitable relief. While the homeless are
a vital concern of the cities where they are present, they are
also the legitimate responsibility of the communities from which
they come.
Funding shelters for the homeless, therefore, should be borne
equally by all the State's citizens. The City urges emergency
State funding for the provision of shelters for the homeless as
recently recommended by the House General Laws Subcommittee on
Housing in Urban Areas.
REIMBURSEMENT OF LOCALLY OWNED NURSING HOMES
The present Medicaid formula for reimbursement of nursing care
encourages nursing homes to accept non-Medicaid patients when-
ever possible and/or patients who require less nursing care.
Our municipally owned nursing home does not accept patients who
have funds with which to pay for their care, and we, usually.
care for residents of the valley who have not been accepted by
other nursing homes. As a result, we care for no patients who
pay their own way and more patients requiring intensive nursing
services.
It is recommended that Medicaid payments to the nursing homes be
based upon the condition of the patient and the services required
rather than the current uniform daily rate which is paid for all
patients regardless of the patient's condition.
ANNEXATION - FUNDING AND PROCEDURES
In 1979, the General Assembly enacted
suant to which some counties obtained
an annexation package pur-
immunity from annexation
- 8 -
and all localities were provided additional State aid in the
areas of administration of justiee, law enforcement salaries,
health eare for indigents and street and highway construction and
maintenance. As part of the 1979 compromise, annexation proce-
dures were also agreed to by cities and counties. In 1980, the
General Assembly acted to provide the funds necessary to imple-
ment the annexation package. This City has used this funding to
provide tax relief.
Roanoke City Council is opposed to any reduction in the agreed
upon annexation funding and to shifting of responsibility for
additional programs to local government as a result of the
annexation package. The annexation package was intended to pro-
vide partial compensation to cities for loss of the annexation
power and also represented a first step toward more equitable
State funding of all local governments.
Reduction of annexation funding or substantive amendment of the
annexation procedures agreed to by all the parties in 1979 would
be a breach of faith.
VIRGINIA MUSEUM OF TRANSPORTATION
The Virginia Museum of Transportation, located in Wasena Park
adjacent to the Roanoke River, suffered massive flood damage on
November 4, 1985. Since that time the Museum has moved to a new
location, raised $165,000 form the private sector for flood re-
covery and increased its annual revenues from $96,000 to
$400,000.
The financial burden of restoration of exhibits and relocation of
the facility has been tremendous. The job has not, however, been
completed, and, due to the nature of rust, mold and mildew, the
deterioration of exhibits continues.
The Museum is an important asset to the Valley in preserving our
transportation heritage and also attracts tourist dollars to the
benefit of our economy. Therefore, the City supports the
Museum's request to the General Assembly for $250,000 in flood
recovery money and $100,000 in operating funds.
LIMITATION OF I~ECOVERY AGAINST CITY COUNCIL MEMBERS
The insurance market for public officials' liability coverage is
virtually non-existent. This situation could deter qualified
persons from seeking or remaining in public office or accepting
appointment to other local boards and commissions. Limitation of
liability for such officials is certainly in the public's
interest.
- 9 -
The City requests the General Assembly to place a ceiling on the
amount of damages that may be assessed against members of local
governing bodies for their service on such bodies. The ceiling
should be no more than $5,000 or the amount of annual salary re-
ceived by such officer, whichever is less. This ceiling should
also apply to members of school boards and other independent
boards and cormuissions appointed by Council. The ceiling should
not supplant any available sovereign immunity, but should exist
in addition to immunity.
INSUR~CE FOR CONSTITUTIONAL OFFICERS
The Attorney General has recently ruled that local governments
are without authority to extend insurance or self-insurance pro-
grams to constitutional officers or indemnify these officers.
Exceptions exist for our Clerk of Circuit Court because under
§57A of our Charter the City pays all expenses of this office
and, in turn. receives all fees and commissions from the office
and for the Sheriff's Department in the operation of City-owned
vehicles, but, as a result of the Attorney General's opinion, all
other constitutional officers must look to the Commonwealth to
meet their insurance needs.
Insurance costs are a legitimate cost of doing business for the
State's constitutional officers. The City urges the General
Assembly to see that a full range of insurance, including general
liability, errors and omissions, workers' compensation, unemploy-
ment and motor vehicle liability, is provided for constitutional
officers. The State should fully fund the costs of such
coverage.
EXTENSION OF OCCUPATIONAL DISEASE PRESUMPTIONS
Police officers, deputy sheriffs and firefighters have the advan-
tage of nearly irrebuttable presumptions that heart disease and
hypertension are occupational diseases under the %Yorkers' Compen-
sation Act. Firefighters have an additional presumption with
respect to lung disease. The City currently has a Workers' Com-
pensation Act liability of $2.1 million for heart, hypertension
and lung awards made to public safety officers as a result of the
statutory presumption.
Without voicing any opinion as to the wisdom of the current pre-
sumptions, the City urges the General Assembly not to extend the
occupational disease presumption to new diseases, such as cancer.
The high incidence of cancer among Americans is known to all of
us, and, as'terrible as this disease is, it should not be the
subject of a work related presumption. House Bill 573, carried
over by the 1986 Session. should be defeated.
- 10 -
JAIL OVERCROWDING
Overcrowding of the Roanoke City Jail remains a serious problem.
Our jail is certified to house 192 inmates, but on many occasions
is required to house far more inmates. The reason for this over-
crowding is that many inmates convicted of State felonies are not
being picked up by the State Department of Corrections and are
serving their full felony sentences in the Roanoke City Jail. A
recent survey by the Roanoke City Sheriff shows that inmates con-
victed of State felonies as long as ten months ago still remain
in the City Jail.
The City Jail was not built as a facility to house felons serving
State sentences. A full range of work programs, vocational
opportunities and social programs are not available to inmates in
a local jail nor are such programs needed if the jail is used for
its intended purpose. Improper utilization of the local jail as
a facility for the long-term housing of convicted felons causes
the inmates to become hostile and antisocial and could create a
dangerous situation.
Even when construction of the new pod of the Roanoke City Jail is
completed, space will not be available to house the many con-
victed felons the State Department of Corrections has refused to
provide for. The City urges the General Assembly to act to rec-
tify State-caused overcrowding at the Roanoke City Jail.
WATER MANAGEMENT
The City recognizes that certain areas of the Commonwealth have
water supply and allocation problems. The City further believes
that the Commonwealth should assume a meaningful role in water
management planning. Specifically, the role of the Commonwealth
should be as follows:
To provide imaginative, positive and compre-
hensive leadership in water management plan-
ning;
To study water deficit and allocation problems
and to gather and compile information and data
necessary to permit the development of a sound
water management policy; and
To provide technical expertise to
ments in water management planning
by §62.1-44.38,F, Code of Virginia
amended.
local govern-
as authorized
(1950), as
The City, however, is vigorously opposed to any State legislation
which would regulate or limit the City's use of its existing
- 11 -
water sources or which would impair the existing authorities of
the City to develop new water resources.
As is well known, the City has excellent water sources which
will meet the City's needs until at least 2025. In present day
dollars, it would cost more than $110 million to develop these
sources (more than $60 million in source development and more
than $50 million for land acquisition). Inasmuch as these water
sources were developed totally with local funds, it would be most
unfair and inequitable for the Commonwealth to attempt to regu-
late or limit the City's use of these sources. Moreover, any
legislation which would allow other persons, including the
Commonwealth and its cities, counties and towns, to make use of
the City's water resources would amount to subsidization of
others by City taxpayers.
UNIFORM STATEWIDE BUILDING CODE AND BUILDING MAINTENANCE CODE
PENAL ITIES.
Violations of the Virginia Uniform Statewide Building Code and
the State Building Maintenance Code are presently punishable as
misdemeanors by a maximum fine of $1,000. See §36-106, Code of
Virginia (1950), as amended. This penalty has proven to be an
insufficient deterrent. The City supports an amendment that
would make such violations punishable as Class 1 inisdemeanors by
a fine and/or twelve months incarceration in order to ensure the
safe construction and maintenance of buildings.
RETAINAGE ON CONSTRUCTION CONTRACTS
State law currently authorizes local governments to retain 5%
the amount due on progress payment construction contracts to
assure faithful performance of the contract. At least 5% re-
tainage is commonly utilized in private sector construction
contracts.
of
House Bill 63, carried over from the 1986 Session, would require
local governments to place retained funds in an interest bearing
account for the benefit of the contractor when requested. The
City is opposed to this legislation which requires local govern-
ments to invest public funds on behalf of a contractor.
RESTRICTIONS ON USE OF LOCAL GOVERNMENT WORK FORCES
The issue of restricting the authority of local governing
bodies in the use of their own work forces and equipment to
- 12
construct public works projects has been before the General
Assembly for several years.
The City is able to document that substantial savings have
been realized on many projects by utilizing City forces, and,
additionally, construction projects can often be completed more
quickly. Furthermore, it is the responsibility of City Council,
which is directly responsible to the electorate, to decide on a
case-by-case basis the most effective means of accomplishing pub-
lic construction. Council is vigorously opposed to any legisla-
tion that would restrict its alternatives in carrying out public
works projects.
HAZARDOUS MATERIALS NOTIFICATION
The City supports House Bill 139, carried over from the 1986
Session, which requires any person responsible for the the
release of any hazardous material during its transport, or any
supervisor of a commercial establishment which emits any toxic
substance imposing an imminent health threat, to notify the
designated officer of the local jurisdiction in which the release
occurs within one-half hour of the discovery of such release.
COLLECTIVE BARGAINING
Any legislation authorizing collective
employees in general or for any public
be opposed.
bargaining for public
employee group should
All public employees now have effective grievance procedures.
Both the City and the School Board have developed effective
means of communication which permit public employees to voice
their concerns. Collective bargaining would be a detriment to
the progress which has been made.
13 -
December 15, 1986
TO:
FROM:
SUBJECT:
Honorable Mayor and Members of City Council
Joel M. Schlanger
As We Approach Calandar 1987 ....
We will wake up on New Year's Day, 1987, and recall the
many significant events that occurred during "the past year" and
realize how they will change the way we have operated for years.
The great paradox of the current climate of disinflation'and a
relatively stable economy will make life more difficult for local
governments across this land. The end of inflation brings with it
an urgent need for changes in how we manage ourselves.
Though many could not see it at the time, inflation in
the late seventies and early eighties acted as a great curtain --
a curtain to hide behind as governments were able to provide in-
creased services and still provide tax relief to its citizens.
The City of Roanoke is no different than most other
cities. In fact, we are far better off than many as we have
planned for many of the changes that occurred in calendar 1986.
However, we are still going to have to change our way of doing
business and do more with less.
Why the sudden change? Well, not so sudden ~- but a
building of~events leading to less revenue for the City to operate
on. The federal government finally realized what the word deficit
Honorable Mayor and Members
Page 2
December 15, 1986
of City Council
means and are making an attempt to finally attack the problem, but
they have done it to the structures that have managed their funds
correctly -- local governments.
First, the Gramm-Rudman bill -- the Balanced Budget and
Emergency Deficit Control Act, strictly forces the federal govern-
ment to take a meat-ax approach to cuts instead of well-thought
out, logical approaches to reducing costs. I fully expect that
this piece of fiscally disruptive legislation will drastically
reduce funding to local governments within the next three to five
years. The reduced funding will occur in the areas that local
governments care about the most.
What has it done already -- drastically reduced Com-
munity Development Block Grants (CDBG) from a level of approxi-
mately $2.2 million a year in 1985 to approximately $1.5 million
this year -- and the demands are greater for the use of these
vital funds. Urban Development Action Grants -- used to its
fullest in the City of Roanoke has all but been eliminated from
our economic development arsenal.
I fully expect that Congress will now, in order to
carry out the Gramm-Rudman mandates, begin major reductions in
education and social service programs -- both vital to the City of
Roanoke.
Secondly, General Revenue Sharing was eliminated. We
knew it, we planned for it, but it brought the City over $27
Honorable Mayor and Members
Page 3
December 15, 1986
of City Council
million in the past ten years -- funds that were used to provide
programs and tax reductions.
Thirdly, tax reform may now be history, but its impact
will stay with us for many years. Although "reform" and "simpli-
fication'' were many times uttered in the same breath, the 925 page
act that emerged is anything but simple. More than 3,000 pages of
legislative committee reports purport to explain what Congress has
done. Yet, numerous questions remain. One fact is certain: The
new tax code provisions create the most difficult and complex
changes since the Federal Income Tax was enacted. As a conse-
quence, some individuals and businesses will be in the "gray" area
for years to come.
In my opinion, this will have even a greater effect on
our local tax structure -- built on inflation, consumer activity,
and general property values. This along with the drastic decline
in interest rates has put the handcuffs on local government's
major revenue source.
Although mortgage debt represents a significant claim
on household income, economists concerned with borrowing con-
straints on the future course of consumer spending generally focus
almost exclusively on the burden of outstanding installment
credit. The impact of tax reform may already be undermining the
significance of installment debt in determining the spending
outlook -- and is likely to change it dramatically in the years
ahead.
Honorable Mayor and Members
Page 4
December 15, 1986
of City Council
The coming loss of interest deductibility on all forms
of consumer credit aside from mortgages, is already spurring
strong growth in home equity loans, which are counted as mortgage
debt. That not only implies that measures of consumer installment
debt may be understating the consumer debt burden, but that the
significance of traditional installment debt to income ratios will
decline as tax considerations induce more consumers to try to
shift their personal debt loads into mortgages.
One economist who recognizes the importance of both
mortgage debt and consumer installment credit in assessing the
outlook for future consumption expenditures calculated that the
ratio of outstanding installment credit plus mortgage debt, which
stood at 58% of disposable personal income in 1975, hit a new
record of 74% of take-home pay in the first quarter of this year.
The phenomenal surge of domestic auto sales, to a 14.8
million-unit rate through mid-September, promises to depress con-
sumer spending more than many analysts anticipate. The reason is
not simply that car sales have borrowed from the future but that
many low-interest loans have only three year maturities. This
calculates that a three year, $12,000 loan at 2.9% interest re-
quires $94 more in monthly debt service than a similar loan at
9.9% with a five-year maturity. In other words, about 2 million
Americans who bought cars recently will be paying roughly $100
more per month under the latest incentive program -- and many of
Honorable Mayor and Members
Page 5
December 15, 1986
of City Council
them did not realize the impact that would have on the family's
disposal income.
The City's sales tax collections certainly reflects the
trends of consumer spending -- with collections down -0.8% at the
end of the first four months of fiscal 1987. This reflects the
sluggish spending patterns and the absence of inflation. (see
chart attached)
Interest on Investments are off almost 41% over last
year for the same period of time -- reflecting the negative effect
low interest rates have on our local tax structure. (see chart
attached)
We have many unmet needs -- equipment replacement, our
street program, maintenance of our public buildings, our education
programs, our insurance needs, storm drains, our neighborhood pro-
grams -- just to mention a few.
Our challenges will be great -- but I am confident that
with the administration and Council working together, we will meet
the challenges head on.
JMS:dp
1
0.9~
0.9
0,85
i1:1 0.8
0 '~ 0.75
SALES TAX REVENUE
0.9'
0.~
0.6
O. ff~
0.5
LOCAI. OPTION)
CIIT OF
MONTH
o FTC5 A FT84
CITY OF ROANOKE, VIRGINIA
It SALES TAX HISTORY RECAP
FY!984-1987
~ PROJECTEO [ TOT
MONTH FY1984 FYi98§ FY1986 FY1987 FY1987 YTD COLLECTIONS = UARIANCE BUDGET
JUL 548,003.19 750,315.06 783,047.98 874,056.89 874,056.89 814,908.74 7.86= 7.87=
AUg 720,651.79 768118775 881,317.88 868,998.67 1,743,05§.56 1,748,875.82 0.011 15.70%
SEP 701,696.60 776,733 84 995,883.88 883,38437 8,605,30993 8,711,889,13 -3.171 83.65[
OCT 655,566.33 786,433.35 817,488.38 883,887.89 3,449,197 88 3,fi96,031 78 -4.085 31.07%
NO0 739,735 83 794,457.67 873,480.66 3,449,197 B8 4~§40,626 57 -24.04= 31.07[
OEC 757,888 01 Tgl,179 57 861,094.09 3,449,197 83 5,480,386 8§ -37.06% 8107%
dAN 896,303 63 1,013,g01.14 908,957.19 3,449,197 88 6,581,568.68 -47.§9% 31.07%
F[8 ~83,783.26 6~0,80§ 76 767,550.35 3,449,197.88 7,400,431B9 =53.39=
NAR 653,968.88 606,005.81 917~886A0 3,449,197.83 8,360,943.92 -5B.8§$ 31.07~
APg 650,185 §4 740,108.05 8§4,T~0.I§ 3,449,197.82 9,139,937.34 -68.86% 31.07=
MAY T88,18305 779,834.83 844,189.01 3,449,197.8~ 10,060,847.68 -65.72% 3107%
dUN 787,938.10 870,698.80 995,500.31 3,449~197.82 11,100,000.00 -68.93%
TOTALS 8,523,780.68 9,807,594.03 10,499,475.56 8,449,197.88 3,449,197.83 11,100,000.00 -4.08% 3107=
)TO OATE) (TO DATE)
%INCREASE 16.59[ 9.43% 18.56% =========================================================
(TO DATE)
Projected Collections are based on previous three gears data.
CITY OF ROANOKE, VIRGINIA
1% SALES TAX HISTORY DETAIL
FY1984-1987
MONTH
JUL
AUG
5ED
OCT
NOV
OEO
dAN
FEB
MAD
APR
MAY
dUN
FYO? MONTHLY FYOT YTD
NONTNLY % CUMULATIVE
INC(DEC) INC(DEC)
874,0§6.89 874,086.89 11.68% 11.68%
868,998.67 1,749,055.56 -1.40% 4.73%
888,254.37 2,625,307.93 -11.36% -1.89%
829,887.89 3,449~197.88 0 78% -0.80%
3,44g,197 88
MONTH
JUL
AUG
SED
OCT
NOV
DEC
JAN
FEB
MAR
APR
HAY
JUN
FY86 MONTHLY FY86 YTD
MONTHLY % CUMULATIVE
INC(DEC) INC(DEC)
783,047.98 TOD,047.98 4.36% 4.36%
881,317.9B 1,664,365.96 14.73% 9.61%
995,883.88 8,659,64918 88.14% 15.88%
817,488.32 3,477,137.50 3.9§% 1883%
878,480.66 4,355,558.16 10.57% 12.37%
861,09409 5,816,6§2.25 10.83% 12.01%
908,957 19 6,119,609.44 -10.90% 7.g2%
767,050.35 6,887,159.79 19.89% 9 13%
9~7,886.40 7~B05,046.19 46.63% 18.51%
954,740.15 8,659,786.34 15.49% I280%
844,18901 9,503,g75.D5 8.25% 18.DB%
995,500.81 10,499,475.56 14.39% 12.56%
I0,499,475 56
INTEREST INCOME ON INVESTMENTS
CI~' OP ROA~OI~
MONTH
~ ?'¥87 + lW8~3 o FT85 ,~ PT84
CITY OF ~OANOKE
HISTORY OF INTEREST INCONE ON INUESTMENTS
FY1?O4-19BT
$ PROJECTED % TOT
MONTH FY1984 FY1985 FY1986 FY1987 FY1987 YTD COLLECTIONS % UARIANCE BUDGET
JUL 7,606.65 1,696.76 35,347.01 14,442.35 14,442.35 13,243.50 9.05% 3.61%
AUG 38,905 14 43,855.28 19,339.77 15,549.50 89,991.85 43,348.86 -30 81% 7.50%
SEP 14,829.34 101,060.21 13,~§6.14 6,574.31 36,566.16 81,74120 -55 87% 9 14%
OCT 87,343.82 68,270.97 47,888.58 38,260.39 68,886.55 182,585.86 -43.83% I721%
NOU 35,420.Q1 42,050.T8 31,260.36 68,8D6.55 154,775.36 -5553% i7 21%
DEC 38,608.84 11,985.69 (4,013.19) 68,826.55 167,108.55 -58.81% tT.81%
dAN 80,800.35 97,663.88 (13,116.08) 68,886.55 198,955.84 -65.30% 17.81%
FEB 23,725.09 13,694.90 (11,803.88) 68,826.55 205,953.09 -66.58% IT.81%
MA~ 10,758.93 6~680.19 (4,706.38) 68,886.§0 809,711.87 -67.18% 17 21%
APR 46,944.32 36,151.19 75,738.29 68,886.55 8§6,882.68 -73.20% 17.21%
MAY 61,913.63 31~994.96 84,682.99 68,886.55 307,793.61 -77.78% 1T.~l%
JUN 131,170.50 65,3~7.23 107,632.94 68,82655 400,000.00 -88.79% 17 B1%
TOTALS 453,020.6~ 513,772.04 381,806.55 68,826.55 68,826.5§ 400,000.00 -43.83% 17,21%
lTD DATE) (TO DATE(
%INCREASE 27.72% 13.41% -25.69% -40~73%===:=:==========:==:::=:======:====================
lTD DATE(
===========================================================
$ Projected Collectians are based on previous three gears data.
CITY OF ROANOKE, VIRGINIA
INTEREST INCOHE ON INVESTNENT5
FY1984~1987
MONTH
JUL
5EP
NOV
DEC
JAN
FEB
APR
MAY
JUN
FYBY NONTHLY FYB7 YTO
14,443.35 14,443.35
15,549.50 89,991.85
6,574.81 36,566.16
32,360.39 68,826.55
68,83655
MONTHLY % CUNULATIVE
INC(DEC) INC(OEC)
-59.14% -59.14%
-19.605 -45.16%
-51.50% -46.48%
-32.63% -40.73%
HONTH
JUL
AUG
SEP
OCT
NDU
DEC
JAN
FEB
MAR
APR
MAY
JUN
FY36 NONTHLY FYB6 YTO
35,347 Ol 35,347.01
19,339.77 54,686.78
13,556.14 68,242 92
47,88858 I16,131.50
31,260.36 147,391.86
(4,013.19) 143,97867
(13,116.08) 130,262.59
(11,80388) 118,458.71
(4,706.38) 113,752.33
75,738.29 189~490.62
84,688.99 274,173.61
107,632.94 381,B06.55
381,806.55
MONTHLY % CUMULATIVE
INC(OEC) INC(OEC)
1983.21% 1983.81%
-55.29% 21.66%
-86.59% -53.86%
-23 10% -44 24%
-25.66% -41.12%
-123,48% -45,34%
-113.43% -63.81%
-186,19% -68.30%
-17i.09% -70.07%
109.50% -54.50%
164.68% -38.86%
64.76% -25.69%
CITY OF ROANOKE, VIRGINIA
INTEREST INCOHE ON INVESTMENTS
FY1984-1987
PaRe
MONTH
JUL
AUC
OEP
OCT
NOV
OEC
JAN
FEB
MAR
APR
MAY
JUN
FYB5 MONTHLY FYB5 YTO
1,696.76 1,696.76
43,255.29 44,952.04
101,060.81 146,018.25
62,870.97 208,283.82
48,050.78 250,334 O0
11,985.69 262,319.69
97,66388 359,983.57
13,694.90 373,673.47
6,620.19 380,298.66
96,151.19 416,449.85
31,994.96 448,444.~1
65,327.83 513,772.04
518,172.04
MONTHLY % CUMULATIVE
INC(DEC) INC(DEC)
-7769% -77.69%
11.18% -3.35%
581 76% 13806%
127.73% 19487%
1878% 101.72%
-64.34% 66.33%
36953% 101.66%
-4288% 84.78%
-9847% 78.55%
-28 99% 60.81%
-4832% 39.33%
-50.20% 13.4t%
MONTH
JUL
AUG
5EP
OCT
NOV
DEC
JAN
FEB
APR
MAY
JUN
FY84 MONTHLY FY84 YTD
7,606 65 7,606.65
38,905.14 46,511.79
14,823.34 61,895.13
27,343 82 88,67895
35,42001 184,098.96
39,608 84 L57,707 BO
20,800.35 178,508.15
23,725 09 802,233.84
I0,758 93 212,992 17
46,944.32 259,936 49
61,913.69 321,850.12
131,170.50 489,020 68
453,020.62
MONTHLY % CUHULATIVE
INC(DEC) INC(DEC)
-25.681 -8568%
44.95% 85.451
78.62% 3517%
448% 53.95%
0.42% 16.18%
3502% 2618%
-1625% 19.15%
-5.51% 15.611
-63 80% 4.08%
57 28% 10.851
48.30% 16.51%
67.23% 87.78%
NATIONAL INFLATION RATES BASED ON CPI
O.M,
O. t3
O, tm
O. tt
O.l
0.08
O. O7
O.OO
0.0~.
0.03
O.G~B
O.Ot
0
118 m
NATIONAL INFLATION RAT£S -- BASED ON CONSUMER PRICE INOEX (CPI)
i975 BASE YEAR
YEA~S P£~C£NTA~£S
1975 0.00%
1976 5.00%
1977 6.60%
1978 6.10%
1979 11.50%
1980 13.30%
1981 10,40%
198E 6.10%
1983
1984 4.30%
1985 3.60%
1986 1.70%
SOURCE -- DON LINDSEY, TAYLOE MURPHY INSTITUTE
0.2t
O,2
O. 17
0.15
0.1,4.
0.1.3
0.12
0.!
O.Oe
0,0~
0.07
JAN
NATIONAL PRIME INTEREST RATES
DOMINION B,&N~II~IlB8 RBPORT
FBB MAR APR MA~ JUN JUL AUG* SBP OCT NOV' DBC
MONTHS
: '~,5 o t984 ~ t983 ~' ~2 v 198l
~*IATIONAL PRIME I~FF_I::EST R'ATE5
1580-1986
MONTH 1900 1981 1982 1989 1984 1985 1986
dAN 15.25~ 20.16% 15.75% 11.16% 11.00% 10.81% $ 50%
FEB 15.63% i$.43% 16.56% 10.98% 11.00% 10.50% 9.50%
MAR 18.31% 18.05% 16.50% 10.50% 11.21% 1050% 9.10%
APR 19.771 17.15% 16.50% 10.50% 11.93% I0 50% 8 85%
MAY 16.57% 19,61% 16.50% 10.50% 12.39% 10 31% 0.50%
dUN 12.63~ 20.03% 16.50% 10.50% 12.60% 9.78% 8.50%
dUL 11.48% 20,39% 16.26% 10.50% 13.00% 9.50% 8.35%
AUG 11.12% 20.50% 14.39% 10.89% 13,00% 9,50% 8.00%
SEP 1~.23% 20.08% 13.50% 11.00% 12.97% 9.50% 7.50~
OCT 13.79% 18.45% 12.52% 11.00% 12.58% 9.50% T.40%
NO~ 16.06% 16.84% 11,85% 11.00% 11.77% 9.50% 7.20%
OEC 20.35% 15,75% 11.50% 11.00% 11.06% 9.50% 7.00%
AVERAGE 15.~7% 18.87% 14.86% 10.79% 12.04% 9.93% 8.28%
** PROJECTEO
50URCE:
MONTHLY INTEREST RATE'FORECASTS
DOMINION BRNKSHRRE5
dAN. 1981, 198~, 1983, 1984, 1985~
1986 AND OCTOBER 10, 1986
**
December 18, 1986
File #448
Mr. Bernard W. Langheim
Manager
Cox Cable Roanoke, Inc.
P. O. Box 13726
Roanoke, Virginia 24034
Dear Mr. Langheim:
! am enclosing c.opy of Resolution No. 28485, providing for the
use of the public access cable television channel (Channel 11) by
Cox Cable Roanoke, Inc., upon certain terms and conditions, which
Resolution was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, December 15, 1986.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:se
Eric.
Room456 MunlclpalBu#dlng 2150'~urchA',~m'~ue, S.W. Roanoke, Vlrglnlo24011 (703)981-254'1
Mr. Bernard W. Langheim
Page 2
December 18, 1986
cc: Mr. Robert E. Glenn, Attorney, P. O. Box 2887, Roanoke,
Virginia 24001
Mr. Nell Barronton, Corporate Secretary, Cox Cable Communi-
cations, Inc., 219 Perimeter Parkway, Suite 500, Atlanta,
Georgia 30356
Mr. Howard E. Musser, Chairman, Regional Cable Television
Committee, Roanoke, Virginia
Mr. George W. Nester, Town Manager, P. O. Box 338, Vinton,
Virginia 24179
Mr. Roy G. McCarty, 450 Jackson Avenue, East, Vinton,
Virginia 24179
Mr. Elmer C. Hodge, Jr., Roanoke County Administrator,
P. O. Box 3800, Roanoke, Virginia 24015
Dr. Harry C. Nickens, 3084 Woodway Road, S. E., Roanoke,
Virginia 24014
Mr. Steven A. McGraw, 3883 Shawnee Trail, Salem, Virginia
24153
Mr. James O. Trout, Member, Roanoke City Council
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Mark A. Williams, Assistant City Attorney
Mr. Joel M. Schlanger, Director of Finance
IN THE cOUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of December, 1986.
No. 28485.
A RESOLUTION providing for the use of the public access cable
television channel (Channel 11) by Cox Cable Roanoke, Inc., upon
certain terms and conditions.
WHEREAS, the Cable Television Ordinance dated January 20,
1975, between Cox Cable Roanoke, Inc., assignee of Roanoke Valley
Cablevision, Inc., requires the provision of a Public Access
Channel to be made available for educational, non-commercial,
and non-discriminatory use by the public on a first-come, first-
served basis ("Public Access Channel");
WHEREAS, Section 611 of the Cable Communications Policy Act
of 1984 ("Act") provides that a franchising authority may pre-
scribe rules and procedures under which the cable operator is
permitted to use channel capacity designated for public access
for the provision of other services if the Public Access Channel
capacity is not being used for its designated purposes;
WHEREAS, Cox Cable Roanoke, Inc., has represented that in the
eleven years that the cable system has been in operation, there
has never been a request for use of the Public Access Channel
(Channel 11);
WHEREAS, Cox Cable Roanoke, Inc., has requested that when
the Public Access Channel is not in use, Cox Cable Roanoke, Inc.
be permitted to use said channel (Channel 11) for transmission
of Home Shopping Services beginning January 1, 1987, in accord-
ance with the Act; and
WHEREAS, the Regional Cable Television Committee has recom-
mended that Cox Cable Roanoke,
lie Access Channel (Channel 11)
January 1, 1987, subject to its
Inc. be permitted to use the Pub-
for commercial use commencing
continued availability for pub-
lic access purposes in accordance with specified rules and pro-
cedures.
THEREFORE, BE IT RESOLVED by the Council of the City of Roa-
noke that the following regulation shall be effective with regard
to use of the Public Access Channel:
1. Commencing as of January 1, 1987, Cox Cable Roanoke, Inc.,
shall be permitted to use the Public Access C~annel (Channel 11)
for provision of Home Shopping Services provided that there is no
other non-designated cable basic service channel available for
such programming and that there is no outstanding unaddressed
request for public access broadcasting use of Channel 11;
2. The use of the Public Access Channel by Cox Cable Roa-
noke, Inc., for Home Shopping Services in accordance with Para-
graph i above shall cease for any time period that Public Access
Channel capacity is appropriately requested for public access
purposes and shall permanently cease when a non-designated cable
basic service channel is available for commercial use.
ATTEST:
City Clerk.
RECEi
CITY Ci F. Ri~S
'86 g9:5
Office of the Council
December i~5, 1986
Honorable Mayor and Members
Roanoke City Council
Roanoke, Virginia
Re: Cable television regulation for use
of public access channel capacity
Dear Mrs. Bowles and Gentlemen:
At its meeting of December 5, 1986, the Regional Cable
Television Corr~nittee unanimously voted to recommend adoption of
a regulation providing for commercial use of the public access
channel on certain terms and conditions. Cox Cable Roanoke, Inc.
has requested adoption of such a regulation to provide additional
channel capacity while switching to new, more modern home conver-
ters.
The regulation allows use of the public access channel for
provision of home shopping services only so long as there is no
outstanding, unaddressed request to use the public access chan-
nel. The regulation further provides that commercial usage of
the public access channel shall permanently cease when basic
channel capacity is available for such commercial use.
A resolution enacting this regulation is attached for your
consideration.
Howard E. Musser, Chairman
Regional Cable Television Committee
HEM/MAW:ps
Attachment
W. Robert Herbert, City Manager
Wilburn C. Dibling, Jr., City Attorney
Joel M. Schlanger, Director of Finance
Mary F. Parker, City Clerk
Elmer C. Hodge, Roanoke County Administrator (w/attachment)
George Nester, Town Manager, Vinton (w/attachment)
Robert E. Glenn, Esquire (w/attachment)
P, oom 456 Municipal Building 215 C~urch Avenue, S.W, Roanoke, Vlrglnlo 240t t (703) 981-2541
December 18, 1986
Fi 1 e #51
Mr. Arthur P. Strickland
Attorney
P. O. Box 2886
Roanoke, Virginia 24001
Dear Mr. Stric'kland:
I am enclosing copy of Ordinance No. 28461, rezoning a parcel
of land consisting of two lots at the corner of Shull Road and
Read Road, N. E., designated as Official Tax Nos. 3121710 and
3121711, from RD, Duplex Residential District, to C-2, General
Commercial District, which Ordinance was adopted by the Council
of the City of Roanoke on first reading on Monday, December 8,
1986, also adopted by the Council on second reading on Monday,
December 15, 1986, and will take effect ten days following the
date of its second reading.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:se
E~c.
Room 456 Municipal Building 215 Ghurch Avenue, S.W. ~oanoke, Virginia 24011 (703) 981-2541
Mr. Arthur P. Strickland
Page 2
December 18, 1986
cc:
Mr and Mrs. Ernest Wright, 2318 Hollins Road, N. E.,
Roanoke, Virginia 24012
Ms Edith C. Arthur, 2312 Read Road, N. E., Roanoke,
24012
Mr and Mrs. Douglas Jones, 2232 Hollins Road, N. E.,
Roanoke, Virginia 24012
Mr
N.
Virginia
Paul W. Chocklett and Ms. Diane Tuck, 2318 Shull Road,
E., Roanoke, Virginia 24012
Mr and Mrs. Clarence Roberts,
Roanoke, Virginia 24012
Ms. Emily D. Hurst, 2319 Shull
24012
Mr. Gordon N. Dixon, Executive
District Commission, P. O. Box
2237 Hollins Road, N. E.,
Road, N. E., Roanoke, Virginia
Director, Fifth Planning
2569, Roanoke, Virginia 24010
Mr. W. Robert Herbert, City Manager
Mr. Earl B. Reynolds, Jr., Assistant City Manager
Mrs. Susan S. Goode, Chairman, City Planning Commission
Mrs. Martha P. Franklin, Secretary, City Planning Commission
Mr. William F. Clark, Director of Public Works
Mr. Charles M. Huffine, City Engineer
Mr. Kit B. Kiser, Director of Utilities and Operations
Mr. Ronald H. Miller, Building Commissioner and Zoning
Administrator
Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals
Mr. Von W. Moody, III, Director of Real Estate Valuation
Ms. Doris Layne, Office of Real Estate Valuation
Mr. William M. Hackworth, Assistant City Attorney
Mr. Wilburn C. Dibling, Jr., City Attorney
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of December, 1986.
No. 28461.
AN ORDINANCE to amend §§36-3 and 36-4, Code of the City
(1979), as amended, and Sheet No. 312, Sectional 1976 Zone Map,
of Roanoke, to rezone certain property within the City.
of Roanoke
City
WHEREAS, application has been made to the Council of the City of
Roanoke to have the hereinafter described property rezoned from RD,
Duplex Residential District, to C-2, General Commercial District; and
WHEREAS, the City Planning Commission, which after giving proper
notice to all concerned as required by §36-541, Code of the City of
Roanoke (1979), as amended and after conducting a public hearing on
the matter, has made its recommendation to Council; and
WHEREAS, a public hearing was held on said application by the City
Council at its meeting on December 8, 1986, at 7:30 p.m., after due
and timely notice thereof as required by §36-541, Code of the City of
Roanoke (1979), as amended, at which hearing all parties in interest
and citizens were given an opportunity to be heard, both for and
against the proposed rezoning; and
WHEREAS, this Council, after considering the aforesaid applica-
tion, the recommendation made to the Council by the Planning
Commission, the City's Comprehensive Plan, and the matters presented
at the public hearing, is of the opinion that the hereinafter
described property should be rezoned as herein provided.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that §§36-3 and 36-4, Code of the City of Roanoke (1979), as amended,
and Sheet No. 312 of the Sectional 1976 Zone Map, City of Roanoke, be
amended in the following particular and no other:
Property described as a parcel consisting of two lots at the
corner or Shull Road and Read Road, N. E., being Lots 10 and 11,
according to the map showing a subdivision of the west portion of pro-
perty of C. G. Orange, designated on Sheet No. 312 of the Sectional
1976 Zone Map, City of Roanoke, as Official Tax Number Nos. 3121710
and 3121711 be, and is hereby rezoned from RD, Duplex Residential
District, to C-2, General Commercial District, and that Sheet No. 312
of the Zone Map be changed in this respect.
ATTEST:
City Clerk.
CITY CL~ZRr',S 9FFtC~]
'86 N~V12 P2:5::
Roanoke City Planning Commission
December 8, 1986
Honorable Noel C. Taylor, Mayor
and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Request from Robert M. Callahan and Carolyn Callahan,
represented by Arthur P. Strickland, Attorney, that Lots
10 and 11, located at the corner of Shull Road and Read
Road, N.E. designated as Official Tax Nos. 3121710 and
3121711, be rezoned from RD, Duplex Residential District,
to C-2, General Commercial District.
I. Back~round:
Purpose of the rezoning is to permit the construction of a
building which will house a lawn and garden sales and service
business as well as other rental space.
Initial petition to rezone property to C-2 was filed on
September 10, 1986. Condition of the rezoning was that the
property would be used for a lawn and garden sales and service
business.
Plannin~ Co~ission hearing was held on October 1, 1986.
Request was held over. A misunderstanding of petitioner
regarding condition of the rezoning was cited as the reason
for tabling the request.
Amended petition to rezone was filed on October 8, 1986. The
request is unconditional. Petitioner desires flexibility for
renting retail space. He owns adjacent property and desires
to develop as a unit with similar zoning regulations.
Preliminary development plan has bean submitted and is
attached for your review. Plan incorporates development of
three adjoining vacant lots which are already zoned C-2.
Plannin~ Co~ission public hearin8 was held on November 6,
1986. There was no one present in opposition to the request.
Room 355 Municipal Building 215 Church Avenue, SW. Roanoke, Virginia 24011 (703) 9,61-2344
II. Issues:
Zonin~ is RD. Property is adjacent to C-2 zoning on Read
Road. Zoning across the street and east along Shull Road is
RD.
Land use is currently vacant. Other commercial uses occur
further north on Read Road. Land uses off of Read Road are
primarily residential. Industrial uses occur in some areas,
especially towards Liberty Road.
Utilities for water and sewer are available. Storm water
management will have to be handled on-site.
Traffic on Read Road is heavy. At present, the roadway is
operating at or just above capacity (12,000 ADT) for an
acceptable level of service. The Roanoke Valley Area
Transportation Plan has identified the roadway as a "Priority
level III" project as needing widening to a 90-foot right-of-
way (4-lane, divided) at some future time. At present, any
future widening is not in the top twenty projects adopted by
City Council and it is uncertain when any funding would be
available to implement such improvements.
Neighborhood residents have indicated they are in support of
the rezoning. There has been considerable discussion by the
petitioner with residents of Shull Road. They would rather
have commercial development on this property than rental
housing. Types of commercial uses are not that much of a
concern to most residents.
F. Comprehensive Plan recommends:
Promotion of neighborhood commercial centers to provide
services to neighborhood residents.
Protection and enhancement of neighborhood character and
environmental quality.
New co~ercial development should be designed to promote
quality development and good land use.
III. Alternatives:
A. Approve the rezoning request.
1. Zonin~ becomes unconditional C-2.
Me
Land use proposed is a law~ and garden shop with other
rental space available. Commercial uses on Read Road are
reasonable.
Utilities for water and sewer not affected. Storm water
management will require further engineering study as
present method shown on preliminary plan would not be
acceptable. This, however, can be handled during site
plan review.
Traffic generation for a lawn and garden use is low,
approximately 120 vehicles per acre. Sight clearance is
acceptable. Speed limit in area is 30 miles per hour.
Future widening of Read Road is not planned within the
near future.
Neighborhood supports the zoning change. Buffering of
residential properties is proposed and would be required
by the City Code.
6. Comprehensive Plan followed.
B. Deny the rezoning request.
1. Zonin8 remains RD.
2. Land use restricted to residential.
3. Utilities not affected.
4. Traffic not affected.
5. Neighborhood not affected.
6. Comprehensive Plan could be followed.
IV. Recommendation:
By a vote of 4-0 (Messrs. Bradshaw, Price and Waldvogel absent),
the Planning Commission recommended approval of the request.
Commercial use on Read Road is reasonable. Traffic generated for
the proposed use is low. A neighborhood retail establishment, such
as this use, could serve the residents of the area. Other vacant
property also would be developed in a comprehensive manner in
conjunction with this rezoning.
Respectfully submitted,
Susan S. Goode, Chairwoman
Roanoke City Planning Commission
ESG:mpf
attachments
cc: Assistant City Attorney
Director of Public Works
City Engineer
Zoning Administrator
Attorney for the Petitioner
" RECEIYEO
CITY CL[Rt~$ OFFICE
VIRGINIA.'
Tm co MTo- ROANOm
~: Rezoning of Lots 10 ~d 11, according
)
to the ~p showing a subdt~sion of ~
the west portion of property of C.G. ) SECO~
~lcolm
Orange, made by C.B. , S.C.E., ) AMENDED PETITION
dated December 15, 1947, which map is ) TO REZONE
of record in the Clerk's Office of the )
Circuit Court of Roanoke County, )
Virginia, from RD to C2 )
TO: THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE
CITY OF ROANOKE
1. Your petitioner, Robert M. Callahan and Carolyn Callahan,
his wife, owners of two lots of land located in the City of Roanoke,
Virginia, and being more particularly described as follows:
Lots 10 and 11, according to the map showing a
subdivision of the west portion of property of
C. G. Orange, made by C. B. Malcolm, S.C.E.,
dated December 15, 1947, which map is of record
in the Clerk's Office of the Circuit Court of
Roanoke County, Virginia, and designated on the
Roanoke City Appraisal Map as official tax numbers
3121710 and 3121711; the said tract is currently
zoned RD, duplex residential district, a map of
the property to be rezoned is attached hereto as
Exhibit A.
(1979), as amended,
be rezoned from RD,
district.
Pursuant to Chapter 36, Code of the City of Roanoke,
your petitioners request that said property
residential duplex, to C2, general commercial
tracts
zoning
3. Your petitioners believe that the rezoning of said
of land will further the intent and purposes of the City's
ordinance and its comprehensive plan in that it will upgrade
the quality of the property which is presently unimproved and be
consis~tw~th~ the c~rcial uses oE the property directly
adjacent to it to the north. There is attached hereto a copy
of the tax map which shows the properties in question in
relationship to adjacent properties as Exhibit A,
4. Your petitioners hereby provide as Exhibit B a site
plan which shows the proposed building on the lots which are
proposed to be rezoned.
5. Attached hereto as Exhibit C are the names and addresses
of property owners owning land immediately adjacent to or immediatel]
across a s=reet or road from the property to be rezoned.
WHEREFORE, your peri=loners request that the above described
tracts be rezoned.as requested in accordance w~th the provisions
of =he zoning ordinance of the City of Roanoke.
Respectfully submitted,
ROBERT M. CALLAHAN and
CAROLYN CALLAHAN
Of Counsel -
Diane McQ. Strickland
STRICKLAND & ROGERS
131 W. Kirk Avenue
P.O. Box 2886
Roanoke, Virginia 24001-2886
Counsel for Petitioners
Exhibit A
3lZl~O~
~44 A~.
5
Exh:Lb:L~: B
Exhibit C
3121514
3121515
3121516
3121715
3121802
3121826
Ernest and Donna Wright
2318 Hollins Rd. N.E.
Roanoke, Virginia 24012
Edith C. Arthur
2310 Read Rd. N.E.
Roanoke, Virginia
(mailing address:
24012
2312 Read Rd.
Douglas and Mildred Jones
2232 Hollins Rd. N.E.
Roanoke, Virginia 24012'
N.E.)
Paul W. Chockletc and Diane Tuck
2318 Shull Rd. N.E.
Roanoke, Virginia 24012
Clarence and Lillian Roberts
2237 Hollins Rd.
Roanoke, Virginia 24012
Emily D. Hurst
2317 Shull Rd. N.E.
Roanoke, Virginia 24012
(mailing address: 2319 Shull Rd. N.E.)
v
LOCATION
I: EZ()NING
$
r
' ~" ROANOKE TIMES & WORLD-NEWS
4L; NU~qBFP - 11912330
PDBLISHCR'S FEE - $76°00
STAICKLAND & ROGEPS
131 KIRK AVE ~
P O BOX 2886
F i~. AN L~K E VA 240(')1
RECE ~,E,
CITY CLERKS 0FFtCL-
STATE OF VIRGINIA
CITY OF RCANOKE
AFFIDAVIT CF
PUBLICATION
I, (THE UNDERSIGNED) AN OFFICER OF
T IMES-WONLO CORPORATION, WHICH COR-
PORATION IS PUBLISHER OF THE ROANOKE
T[MES& WC)RLD-NEWS, A DAILY NEWSPAPER
PUBLISHED IN RGANOKE, IN THE STATE OF
~ [RGINIA, DO CERTIFY THAT THE ANNEXED
~OTICE ~AS PUBLISHED IN SAID NEWSPAPERS
ON THE FOLLO~'ING DATES
11121/86 MO~NING
11/28/86 MORNING
WITNESS, THIS 1ST DAY OF DECEMBER 1986
OFFICEr'S S I ~AATURE
NOTICE OF PUBLIC HEARING
TO WHOM IT MAy CONCERN:
Pursuant to the provisions of Article VII of Chapter 36, Code
of the City of Roanoke (1979), as amended, the Council of the
City of Roanoke will hold a Public Hearing on Monday, December 8,
1986, at 7:30 p.m., in the Council Chamber in the Municipal
Building, 215 Church Avenue, S. W., on the question of rezoning
from RD, Duplex Residential District, to C-2, General Commercial
District, the following property:
A parcel consisting of two lots at the corner of Shull
Road and Read Road, N. E., being Lots 10 and 11,
according to the map showing a subdivision of the west
portion of property of C. G. Orange, designated on the
Official Tax Map as Nos. 3121710 and 3121711.
A copy of this proposal is available for public inspection in
the Office of the City Clerk, Room 456, Municipal Building. Ail
parties in interest may appear on the above date and be heard on
the question.
GIVEN under my hand this 19th day of November , 1986 .
Please publish in full twice, once on
Friday, November 21, 1986, and once on
Friday, November 28, 1986, in The Roanoke
Times and World News, Morning Edition.
Please send publisher's affidavit to:
Ms. Mary F. Parker, City Clerk
Room 456, Municipal Building
Roanoke, Virginia 24011
Mary F. Parker
City Clerk
Please bill to:
Ms. Diane McQ. Strickland
Attorney
P. O. Box 2886
Roanoke, Virginia 24001
December 2, 1986
File #51
Mr. Arthur P. Strickland
Attorney
P. O. Box 2886
Roanoke, Virginia 24001
Dear Mr. Strickland:
I am enclosing copy of a report of the City Planning Commission
recommending that the Council of the City of Roanoke grant the
request of your clients, Robert M. and Carolyn Callahan, that
certain tracts of land located at the corner of Shull Road and
Read Road, N. E., designated as Official Tax Nos. 3121710 and
3121711, be rezoned from RD, Duplex Residential District, to C-2,
General Commercial District.
Pursuant to Resolution No. 25523 adopted by the Council of the
City of Roanoke at its meeting on Monday, April 6, 1981, a public
hearing on the abovedescribed request has been set for Monday,
December 8, 1986, at 7:30 p.m., in the Council Chamber, fourth
floor of the Municipal Building.
For your information, I am also enclosing copy of a notice of the
public hearing and.an Ordinance providing for the rezoning, which
were prepared by the City Attorney's Office. Please review the
Ordinance and if you have any questions, you may contact Mr.
William M. Hackworth, Assistant City Attorney, at 981-2431.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:se
Enc.
Room 456 Munldpal Building 215 (3~urch Av~'~ue, $.W. I~oanoke, Virginia 24011 (703) 981-2541
Mr. Arthur P. Strickland
Page 2
December 2, 1986
cc:
Mr. and Mrs. Ernest Wright, 2318 Hollins Road, N. E.,
Roanoke, Virginia 24012
Ms. Edith C. Arthur, 2312 Read Road, N. E. Roanoke, Virginia
24012 '
Mr. and Mrs. Douglas Jones, 2232 Hollins Road, N. E.,
R~anoke, Virginia 24012
Mr. Paul W. Chocklett and Ms. Diane Tuck, 2318 Shull Road,
N. E., Roanoke, Virginia 24012
Mr. and Mrs. Clarence Roberts, 2237 Hollins Road, N. E.,
Roanoke, Virginia 24012
Ms. Emily D. Hurst, 2319 Shull Road, N. E., Roanoke Virginia
24012 '
Mr. Gordon N. Dixon, Executive Director, Fifth Planning
District Commission, P. O. Box 2569, Roanoke, Virginia 24010
Mr. W. Robert Herbert, City Manager
Mr. Earl B.. Reynolds, Jr., Ass.istant City Manager
Mrs. Susan S. Goode, Chairman, City Planning Commission
Mrs. Martha P. Franklin, Secretary, City Planning Commission
Mr. Wil¥iam F. Clark, Director of Public Works
Mr. Charles M. Huffine, City Engineer
Mr. Kit B. Kiser, Director of Utilities and Operations
Mr. Ronald H. Miller, Building Commissioner and Zoning
Administrator
Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals
Mr. Von W. Moody, III, Director of Real Estate Valuation
Ms. Doris Layne, Office of Real Estate Valuation
Mr. William M. Hackworth, Assistant City Attorney
Mr. Wilburn C. Dibling, Jr., City Attorney
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA
PERTAINING TO THE REZONING OF:
'86 OC,'~ 27 P 2:50
Request from Robert M. Callahan and Carolyn Callahan, represented)
by Arthur P. Strickland, Attorney, that Lots 10 and 11, located )AFFI-
at the corner of Shull Road and Read Road, N.E. designated as )DAVIT
Official Tax Nos. 3121710 and 3121711, be rezoned from RD, Duplex)
Residential District, to C-2, General Conm~ercial District. )
COMMONWEALTH OF VIRGINIA )
)
CITY OF ROANOKE )
TO-WIT:
The affiant, Martha Pace Franklin, first being duly sworn, states that
she is a Secretary to the Roanoke City Planning Commission, and as such is
competent to make this affidavit of her own personal knowledge. Affidavit
states that, pursuant to the provisions of 215.1-341) Code of Virginia
(1950), as amended, on behalf of the Planning Com~ission of the City of
Roanoke she has sent by first-class mail on the 27th day of October, 1986,
notices of a public hearing to be held on the 6th day of November, 1986, on
the rezoning captioned above to the owner or agent of the parcels listed
below at their last known address:
PARCEL OWNER, AGENT OR OCCUPANT ADDRESS
3121514
Ernest and Donna Wright
2318 Hollins Road, NE
Roanoke VA 24012
3121515
Edith C. Arthur
2312 Read Road, NE
Roanoke VA 24012
3121516
Douglas and Mildred Jones
2232 Hollins Road, NE
Roanoke VA 24012
3121715
Paul W. Chocklett and Diane Tuck 2318 Shull Road, NE
Roanoke VA 24012
3121802
Clarence and Lillian Roberts
2237 Hollins Road, NE
Roanoke VA 24012
3121826
Emily D. Hurst
2319 Shull Road, NE
Roanoke VA 24012
Martha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of
Roanoke, Virginia, this 27th day of October, 1986.
Notary Public
NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING COMMISSION
TO WI{OM IT MAY CONCERN:
The Roanoke City Planning Commission will hold a public hearing on
Thursday, November 6, 1986, at 1:30 p.m., or as soon thereafter as the
matter may be heard, in the City Council Chamber, fourth floor,
Municipal Building, in order to consider the following:
Request from Robert M. Callahan and Carolyn Callahan, represented
by Arthur P. Strickland, Attorney, that Lots 10 and 11, located at
the corner of Shull Road and Read Road, N.E. designated as Official
Tax Nos. 3121710 and 3121711, be rezoned from RD, Duplex
Residential District, to C-2, General Commercial District.
A copy of said application is available for review in the Office of
Community Planning, Room 355, Municipal Building.
Ail parties in interest and citizens may appear on the above date
and be heard on the matter.
Martha P. Franklin, Secretary
Roanoke City Planning Commission
Please run in the morning edition on Tuesday, October 21, 1986
Please run in the evening edition on Tuesday, October 28, 1986
Please send affidavit of publication to:
Office of Community Planning,
Room 355, Muncipal Building,
Roanoke, VA 24011
Please bill:
Arthur P. Strickland, Attorney
Strickland and Rogers
P.O. Box 2886
Roanoke, VA 24001
(703) 982-7787
Misc. 10/13/86 - Council; C. Mgr.; Asst. C. Mgr.
October 8, 1986
File #51
Mrs. Susan S. Goode
Chairman
City Planning Commission
Roanoke, Virginia
Dear Mrs. Goode:
Pursuant to Section 36-538 of the Code of the City of Roanoke
(1979), as amended, I am enclosing copy of a second amended peti-
tion from I~s. Diane McQ. Strickland, Attorney, representing
Robert M. and Carolyn Callahan, requesting that certain tracts of
land located at the corner of Shull Road and Read Road, N. E.,
designated as Official Tax Nos. 3121710 and 3121711, be rezoned
from RD, Duplex Residential District, to C-2, General Commercial
District.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:se
Enc.
cc:
Ms. Diane McQ. Strickland, Attorney, P. O. Box 2886,
Roanoke, Virginia 24001
Mrs. Martha P. Franklin, Secretary, City Planning Commission
Mr. Ronald H. Miller, Zoning Administrator
Mr. William M. Hackworth, Assistant City Attorney
P, oom 456 Municipal Building 215 O~urch A',~que, S.W. Roanoke, Virginia 24011 (703) 981-254t
Office of fne O~y Oed~
October 1, 1986
File #51
Mrs. Susan S. Goode
Chairman
City Planning Commission
Roanoke, Virginia
Dear Mrs. Goode:
Pursuant to Section 36-538 of the Code of the City of Roanoke
(1979), as amended, I am enclosing copy of an amended petition
from Mr. Arthur P. Strickland, Attorney, representing Robert
and Carolyn Callahan, requesting that certain tracts of land
located at the corner of Shull Road and Read Road, N. E.,
designated as Official Tax Nos. 3121710 and 3121711, be rezoned
from RD, Duplex Residential District, to C-2, General Commercial
District, subject to certain proffered conditions.
Si n cerely,
Mary F. Parker, CMC
City Clerk
MFP:se
Eric.
cc: Mr. Arthur P. Strickland, Attorney, P. O. Box 2886,
Roanoke, Virginia 24001
Mrs. Martha P. Franklin, Secretary, City Planning Commission
Mr. Ronald H. Miller, Zoning Administrator
Mr. William M. Hackworth, Assistant City Attorney
Room 456 Municipal Building 215 Church A',~,~ue, S.W. Roanoke, Virginia 24011 (703) 98t-2541
VIRGINIA:
RECE~WED
CITY CLERKS OFFICE
IN THE COUNCI'~OI~]~ (]~]7~OF ROANOKE
Rezoning of Lots 10 and 11, according
to the map showing a subdivision of
the west portion of property of C. G.
Orange, made by C. B. Malcolm, S.C.E., )
dated December 15, 1947, which map is )
of record in the Clerk's Office of the )
Circuit Court of Roanoke County, Virginia,)
from RD to C2 )
SEP 29 1986
Roanoke Office of Community
Planning & E~.omic Development
)
)
)
AMENDED PETITION
TO REZONE
TO:
THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE
CITY OF ROANOKE
1. Your petitioner, Robert M. Callahan and Carolyn Callahan,
his wife, owners of two lots of land located in the City of Roanoke,
Virginia, and being more particularly described as follows:
Lots 10 and 11, according to the map showing a
subdivision of the west portion of property of
C. G. Orange, made by C. B. Malcolm, S.C.E.,
dated December 15, 1947, which map is of record
in the Clerk's Office of the Circuit Court of
Roanoke County, Virginia, and designated on the
Roanoke City Appraisal Map as official tax numbers
3121710 and 3121711; the said tract is currently
zoned RD, duplex residential district, a map of
the property to be rezoned is attached hereto as
Exhibit A.
2. Pursuant to Chapter 36, Code of the City of Roanoke,
(1979), as amended, your petitioners request that said property
be rezoned from RD, residential duplex, to C2, ~eneral ·
commercial district, subject to the following conditions;
1) property will be used as a lawn and garden sales and service
ROANOKE. V*RGINIA bus ine s s.
L~W OFFICES
STRiCKLAND ~ ROGERS
ROANOKE, VIRGINIA
3. Your petitioners believe that the rezoning of said
tracts of land will further the intent and purposes of the City's
zoning ordinance and its comprehensive plan in that it will upgrade
the quality of the property which is presently unimproved and be
consistent with the commercial uses of the property directly
adjacent to it to the north. There is attached hereto a copy of
the tax map which shows the properties in question in relationship
to adjacent properties as Exhibit A.
4. Your petitioners hereby provide as Exhibit B a site
plan which shows the proposed building on the lots which are pro-
posed to be rezoned.
5. Attached hereto as Exhibit C are the names and addresses
of property owners owning land immediately adjacent to or immediately
across a street or road from the property to be rezoned.
WHEREFORE, your petitioners request that the above described
tracts be rezoned as requested in accordance with the provisions
of the zoning ordinance of
the City of Roanoke.
Respectfully submitted,
ROBERT M. CALLAHAN and
CAROLYN CALLAHAN
By: ~.?~- O~ Counse±
Arthur P. Strickland
STRICKLAND & ROGERS
131 W. Kirk Avenue
P.O. Box 2886
Roanoke, Virginia 24001-2886
Counsel for Petitioners
- 2 -
3~Z1§%O
352%5O9
~IZI50~
~IZASO-/
3~Z~5O6 ~'
I 44
AC.
I
I
Exhibit A
0
/8'
31ZlB06
4
Exhibit B
Exhibit C
3121514
3121515
3121516
3121715
3121802
3121826
Ernest and Donna Wright
2318 Hollins Rd. N.E.
Roanoke, Virginia 24012
Edith C. Arthur
2310 Read Rd. N.E.
Roanoke, Virginia
(mailing address:
24012
2312 Read Rd. N.E.)
Douglas and Mildred Jones
2232 Hollins Rd. N.E.
Roanoke, Virginia 24012
Paul W. Chocklett and Diane Tuck
2318 Shull Rd. N.E.
Roanoke, Virginia 24012
Clarence and Lillian Roberts
2237 Hollins Rd.
Roanoke, Virginia 24012
Emily D. Hurst
2317 Shull Rd. N.E.
Roanoke, Virginia 24012
(mailing address: 2319 Shull Rd. N.E.)
ARTHUR P. STRICKLAND
JONATHAN M. ROGERS*
DIANE McQ STRICKLAND
LAW OFFICES
STRICKLAND & ROGERS
131 KIRK AVENUE WEST
P. O. BOX 2886
ROANOKE, VIRGINIA 24001-2886
AREA CODE 703
982-7787
September 26, 1986
Evelyn S. Gunter
Planner
Office of Community Planning
Room 355, Municipal Building
215 Church Ave. S.W.
Roanoke, Virginia 24011
*Member of the
Virgin Islands Bar
SEP :~9 ]986
Roanoke Office of Community
Planning & Economic Development
Re: Amended Petition to Rezone
Robert M. and Carolyn Callahan, Petitioners
Dear Ms. Gunter:
Enclosed herewith please find for filing the original plus one
copy of an Amended Petition to Rezone. If you have any questions,
please contact me.
Thank you for your continuing cooperation.
Sincerely yours,
APS/jb
Enclosures
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA
PERTAINING TO THE REZONINO OF: '~6 gEP23
Request from Robert M. Callahan and Carolyn Callahan, represented)
by Arthur P. Strickland, Attorney, that Lots 10 and 11, located )
at the corner of Shull Road and Read Road, N.E. designated as )
Official Tax Nos. 3121710 and 3121711, be rezoned from RD, Duplex)AFFI-
Residential District, to C-2, General Commercial District, such )DAVIT
rezoning to be subject to certain conditions proffered by the )
petitioner. )
CITY CLERKS OF
AB
COMMONWEALTH OF VIRGINIA )
) TO-WIT:
CITY OF ROANOKE )
The affiant, Martha Pace Franklin, first being duly sworn, states that
she is a Secretary to the Roanoke City Planning Commission, and as such is
competent to make this affidavit of her own personal knowledge. Affidavit
states that, pursuant to the provisions of ~15.1-341) Code of Virginia
(1950), as amended, on behalf of the Planning Commission of the City of
Roanoke she has sent by first-class mail on the 22nd day of September,
1986, notices of a public hearing to be held on the 1st day of October,
1986, on the rezoning captioned above to the owner or agent of the parcels
listed below at their last known address:
PARCEL
OWNER, AGENT OR OCCUPANT
ADDRESS
3121514
Ernest and Donna Wright
2318 Hollins Road, NE
Roanoke, VA 24012
3121515 Edith C. Arthur 2312 Read Road, NE
Roanoke, VA 24012
3121516
Douglas and Mildred Jones
2232 Hollins Road, NE
Roanoke, VA 24012
3121715 Paul W. Chocklett and Diane Tuck 2318 Shull Road, NE
Roanoke, VA 24012
3121802
Clarence and Lillian Roberts
2237 Hollins Road, NE
Roanoke, VA 24012
3121826 Emily D. Hurst 2319 Shull Road, NE
Roanoke, VA 24012
Martha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of
Roanoke, Virginia, this 22nd day of September, 1986.
My Commission Expires:
I was conmissioned Margaret T. Cox
NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING COMMISSION
TO WHOM IT MAY CONCERN:
The Roanoke City Planning Commission will hold a public hearing on
Wednesday, October 1, 1986, at 1:30 p.m., or as soon thereafter as the
matter may be heard, in the City Council Chamber, fourth floor,
Municipal Building, in order to consider the following:
Request from Robert M. Callahan and Carolyn Callahan, represented
by Arthur P. Strickland, Attorney, that Lots 10 and 11, located at
the corner of Shull Road and Read Road, N.E. designated as Official
Tax Nos. 3121710 and 3121711, be rezoned from RD, Duplex
Residential District, to C-2, General Commercial District, such
rezoning to be subject to certain conditions proffered by the
petitioner.
A copy of said application is available for review in the Office of
Community Planning, Room 355, Municipal Building.
Ail parties in interest and citizens may appear on the above date
and be heard on the matter.
Martha P. Franklin, Secretary
Roanoke City Planning Commission
Please run in the morning edition on Tuesday, September 16, 1986
Please run in the evening edition on Tuesday, September 23, 1986
Please send affidavit of publication to:
Office of Community Planning,
Room 355, Muncipal Building,
Roanoke, VA 24011
Please bill:
Arthur P. Strickland, Attorney
Strickland and Rogers
P.O. Box 2886
Roanoke, VA 24001
September 9, 1986
File #51
~qrs. Susan S. Goode
Chairman
City Planning Commission
Roanoke, Virginia
Dear Mrs. Goode:
Pursuant to Section 36-538 of the Code of the City of Roanoke
(1979), as amended, I am enclosing copy of a petition and list of
property owners from Mr. Arthur P. Strickland, Attorney, repre-
senting Robert ~l. and Carolyn Callahan, requesting that certain
tracts of land located at the corner of Shull Road and Read Road,
N. E., designated as Official T~x Nos. 3121710 and 3121711, be
rezoned from RD, Duplex Residential District, to C-2, General
Commercial District, subject to certain proffered conditions.
Sincerely,
~qary F. Parker, CMC
City Clerk
MFP: se
Enco
CC:
Mr. Arthur P. Strickland, Attorney, P. O. Box 2886,
Roanoke, Virginia 24001
Mrs. Martha P. Franklin, Secretary, City Planning Commission
Mr. Ronald H. Miller, Zoning Administrator
Mr. William M. Hackworth, Assistant City Attorney
Room456 Munlclp~lBullding 215 C~urch Avenue, S.W. Roano~e, Vlrginla24011 (703)981-2541
VIRGINIA:
IN THE COUNCIL OF THE CITY OF ROAM~E,:r' ..~ ~
Rezoning of Lots 10 and 11, according
to the map showing a subdivision of
the west portion of property of C. G.
Orange, made by C. B. Malcolm, S.C.E.,
dated December 15, 1947, which map is
of record in the Clerk's Office of the
Circuit Court of Roanoke County,
from RD to C2
)
)
)
) PETITION TO
) REZONE
)
Virginia, )
)
TO: THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE
CITY OF ROANOKE
1. Your petitioner, Robert M. Callahan and Carolyn Callahan,
his wife, owners of two lots of land located in the City of Roanoke,
Virginia, and being more particularly described as follows:
Lots 10 and 11, according to the map showing a
subdivision of the west portion of property of
C. G. Orange, made by C. B. Malcolm, S.C.E.,
dated December 15, 1947, which map is of record
in the Clerk's Office of the Circuit Court of
Roanoke County, Virginia, and designated on the
Roanoke City Appraisal Map as official tax
numbers 3121710 and 3121711; the said tract is
currently zoned RD, duplex residential district,
a map of the property to be rezoned is attached
hereto as Exhibit A.
2. Pursuant to Chapter 36, Code of the City of Roanoke,
(1979), as amended, your petitioners request that said property
be rezoned from RD, residential duplex, to C2, general
commercial district, subject to certain conditions set forth
below for the purpose of constructing a building on these tracts
of land for use as a lawn and garden sales and service business.
3. Your petitioners believe that the rezoning of said
tracts of land will further the intent and purposes of the City's
zoning ordinance and its comprehensive plan in that it will upgrade
the quality of the property which is presently unimproved and be
consistent with the commercial uses of the property directly
adjacent to it to the north. There is attached hereto a copy of
the tax map which shows the properties in question in relationship
to adjacent properties as Exhibit A.
4. Your petitioners hereby proffer as Exhibit B a site
plan which shows the proposed building on the lots which are pro-
posed to be rezoned.
5. Attached hereto as Exhibit C are the names and addresses
of property owners owning land immediately adjacent to or immediately
across a street or road from the property to be rezoned.
WHEREFORE, your petitioners request that the above described
tracts be rezoned as requested in accordance with the provisions
of the zoning ordinance of the City of Roanoke.
Respectfully submitted,
ROBERT M. CALLAHAN and
CAROLYN CALLAHAN
By: ~~~z'~
~ zczC~f C~unsel
Arthur P. Strickland
STRICKLAND & ROGERS
131 W. Kirk Avenue
P.O. Box 2886
Roanoke, Virginia 24001
Counsel for Petitioners
Z t50~
.)1 o
0
]|ZlSIJ
!
0
~tzlTo9 9 /~"
,O
i.5o /0
Exhibit A
5
7
Exhibit B
Exhibit C
3121514
3121515
3121516
3121715
3121802
3121826
Ernest and Donna Wright
2318 Hollins Rd. N.E.
Roanoke, Virginia 24012
Edith C. Arthur
2310 Read Rd. N.E.
Roanoke, Virginia
(mailing address:
24012
2312 Read Rd. N.E.)
Douglas and Mildred Jones
2232 Hollins Rd. N.E.
Roanoke, Virginia 24012
Paul W. Chocklett and Diane Tuck
2318 Shull Rd. N.E.
Roanoke, Virginia 24012
Clarence and Lillian Roberts
2237 Hollins Rd.
Roanoke, Virginia 24012
Emily D. Hurst
2317 Shull Rd. N.E.
Roanoke, Virginia 24012
(mailing address: 2319 Shull Rd. N.E.)
Office of the City
December 18~986
Fi 1 e #51
Mr. William W. Terry, III
Attorney
P. O. Box 90
Roanoke, Virginia 24002
Dear Mr. Terry:
I am enclosing copy of Ordinance No. 28462, rezoning a tract of
land containing approximately 3.5 acres, located on Woodmar
Drive, S. W., designated as Official Tax No. 5090205, from RS-l,
Single Family Residential District and C-1, Office and
Institutional District, to RG-2, General Residential District,
subject to certain proffered conditions, which Ordinance was
adopted by the Council of the City of Roanoke on first reading on
Monday, December 8, 1986, also adopted by the Council on second
reading on Monday, December 15, 1986, and will take effect ten
days following the date of its second reading.
Si ncerely,
Mary F. Parker, CMC
City Clerk
MFP:se
Enc.
Room 456 Municipal Building 215 C~urc~ Awc~ue, S.W. Roanoi~. Virginia 24011 (703) 981-2541
Mr. William W. Terry,
Page 2
December 18, 1986
III
CC:
Mr James D. Fralin, P. O. Box 5037, Roanoke, Virginia
24012
Mr Luther James Martin, Jr., 4818 Grandin Road Extension,
S. W., Roanoke, Virginia 24018
Mr and Mrs. Robert R. Martin, 14 Sunfish Court - Carolina
Shores, Calabash, North Carolina 28459
Mr and Mrs. Nelson R. Martin, 3318 Birchlawn Avenue, N. W.,
Roanoke, Virginia 24012
Mrs. Ruth Martin York, 4905 Woodmar Drive, S. W., Roanoke,
Virginia 24018
Mr. and Mrs. John D. Brandes, 4915 Woodmar Drive, S. W.,
Roanoke, Virginia 24018
F-M Associates, c/o Real Estate Department, P. O. Box 90,
Roanoke, Virginia 24002
Mr. and Mrs. W. Wilton Little, Jr., 4923 Woodmar Drive,
S. W., Roanoke, Virginia 24018
Mr. and Mrs. James W. Webb, 4923 Woodmar Drive, S. W.,
Roanoke, Virginia 24018
Mr. and Mrs. A. R. Zayas, Jr., 4929 Woodmar Drive, S. W.,
Roanoke, Virginia 24018
Mr. and Mrs. D. E. Underwood, 4935 Woodmar Drive, S. W.,
Roanoke, Virginia 24018
Mr. Barry L. Flora, 3529 Lakeland Drive, S. W., Roanoke,
Virginia 24018
Mountaineer Investment Company, Suite 1, West Salem Place,
135 West Salem Avenue, Roanoke, Virginia 24011
Oak Grove Income Associates, c/o Westwind Properties, P. O.
Box 1138, Roanoke, Virginia 24006
Mr. Gordon N. Dixon, Executive Director, Fifth Planning
District Commission, P. O. Box 2569, Roanoke, Virginia 24010
Mr. W. Robert Herbert, City Manager
Mr. Earl B. Reynolds, Jr., Assistant City Manager
Mrs. Susan S. Goode, Chairman, City Planning Commission
Mrs. Martha P. Franklin, Secretary, City Planning Commission
Mr. William F. Clark, Director of Public Works
Mr. Charles M. Huffine, City Engineer
Mr. Kit B. Kiser, Director of Utilities and Operations
Mr. Ronald H. Miller, Building Commissioner and Zoning
Administrator
Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals
Mr. Von W. Moody, III, Director of Real Estate Valuation
Ms. Doris Layne, Office of Real Estate Valuation
Mr. William M. Hackworth, Assistant City Attorney
Mr. Wilburn C. Dibling, Jr., City Attorney
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of December, 1986.
No. 28462.
AN ORDINANCE to amend §836-3 and 36-4,
Code of the City
(1979), as amended, and Sheet No. 509, Sectional 1976 Zone Map,
of Roanoke, to rezone certain property within the City, subject
certain conditions proffered by the applicant.
of Roanoke
City
to
WHEREAS, application has been made to the Council of the City of
Roanoke to have the hereinafter described property rezoned from RS-I,
Single Family Residential and C-1, Office and Institutional District,
to RG-2, General Residential District, subject to certain conditions
proffered by the applicant; and
WHEREAS, the City Planning Commission, which after giving proper
notice to all concerned as required by §36-541, Code of the City of
Roanoke (1979), as amended and after conducting a public hearing on
the matter, has made its recommendation to Council; and
WHEREAS, a public hearing was held on said application by the City
Council at its meeting on December 8, 1986, after due and timely
notice thereof as required by 836-541, Code of the City of Roanoke
(1979), as amended, at which hearing
zens were given an opportunity to be
proposed rezoning; and
all parties in interest and eiti-
heard, both for and against the
WHEREAS, this Council, after considering the aforesaid applica-
tion, the recommendation made to the Council by the Planning Commission.
the City's Comprehensive Plan, and the matters presented at the public
hearing, is of the opinion that the hereinafter described property
should be rezoned as herein provided.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
that S§36-3 and 36-4, Code of the City of Roanoke (1979), as amended,
and Sheet No. 509 of the Sectional 1976 Zone Map, City of Roanoke, be
amended in the following particular and no other:
Property described as a parcel the boundaries of which begin at a
point which is N. 74° 56' E. 293.46 feet from the southern corner of
the intersection of Va. Route 419 and Woodmar Drive, S. W.; thence N.
74° 56' E. 486.76 feet to an iron pipe; thence S. 32° 10' E. 265.88
feet to an iron pipe; thence S. 62° 45' W. 492.16 feet to a point;
thence N. 28o 15' W. 367.68 feet to the point of beginning; and con-
raining 3.5 acres, more or less, designated on Sheet No. 509 of the
Sectional 1976'Zone Map, City of Roanoke, as a portion of Official
Tax No. 5090205 be, and is hereby rezoned from RS-l, Single Family
Residential and C-1, Office and Institutional District, to F,G-2, General
Residential District, subject to those conditions
forth in the Amended Petition to Rezone, and that
Zone Map be changed in this respect.
proffered by and set
Sheet No. 509 of the
ATTEST:
City Clerk.
RECi£r,'SD
CITY CLERKS
'86 NOV12 F'2:5'
Roanoke CiD/Planning Commission
December 8, 1986
Honorable Noel C. Taylor, Mayor
and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Request from Park-Oak Grove, L.P., a Virginia
partnership, represented by William W. Terry, III,
Attorney, that a tract of land containing approximately
3.5 acres, lying on Woodmar Drive, S.W. and designated as
a portion of Official Tax No. 5090205, be rezoned from
RS-i, Single Family Residential District and C-i, Office
and Institutional District, to RG-2, General Residential
District, such rezoning to be subject to certain
conditions proffered by the petitioner.
I. Back~round:
Purpose of rezoning is to construct a 93-unit elderly
apartment complex.
Petition to rezone was filed on 10/15/86. Conditions of the
rezoning are:
The rezoned property shall be used only for the purpose
of operating a 93-unit multiple-family apartment dwelling
with accessory uses, as defined in the Zoning regulations
of the City of Roanoke.
If developed, the rezoned property shall be limited to,
and shall contain not more than 93 apartment units,
together with various accessory uses related thereto.
The rezoned property, if developed, shall be developed in
conformance with the attached site plan (Exhibit A)
prepared by Collins and Kronstadt, Leahy, Hogan, Collins,
Draper, Architects, Planners and Engineers, dated
September 1986, subject only to such modifications as may
be required by the City of Roanoke as a result of the
site plan review process of the City.
Room 355 Municipol Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981 2344
If construction of the proposed facility is not begun by
March 31, 1988, the zoning classification shall return to
the present zoning classification without further action
of City Council.
Staff has contacted attorney for the petitioners with regard
to the first two conditions. Conditions are duplicate and
specify a multi-family apartment development rather than an
elderly one. A metes and bounds description of the property
was also requested. Attorney has amended the rezoning request
for elderly apartments and has stated that a metes and bounds
description will be forthcoming.
Property will have to be subdivided.
Planning Commission public hearing was held on November 6,
1986. There was no opposition to the request.
II.
Zoning is presently RS-1. Adjacent zoning is RS-1 (north),
RG-1 (east), C-2 (south) and C-1 (west). Adjacent property to
the east was just recently rezoned for 192 condominiums
(October 1986).
Land use is presently vacant. Southwest Plaza abuts the
southern boundary of the property. Six single family homes
are located on the opposite side of Woodmar Drive. Property
to the west to Route 419 is vacant, but zoned for office
commercial use.
Utilities are available for water and sewer, however,
downstream improvements must be undertaken to provide
necessary sewer service. At present, the City Engineering
staff is studying the matter to determine specific
improvements and cost participation details. Storm water will
have to be managed on site. Storm water problems presently
occur in the downstream drainage area. It appears that the
proposed management of storm water is feasible. Further study
and calculations will be required to ensure zero increase in
the rate of runoff from the site.
Traffic access is proposed from Woodmar Drive. There is no
median cut at Woodmar and Route 419. Elderly housing
generates low traffic volumes; estimated traffic to be
generated is 307 trips per day. Pedestrian access to the
shopping center should be encouraged.
Neighborhood has been contacted regarding this rezoning
request. It is staff's understanding that sewer capacity and
storm water management are of most concern. Elderly housing
is generally supported. Roanoke County also has been notified
of this rezoning request. It has been verbally indicated that
the proposal is in keeping with the land use plan for Route
419.
F. Comprehensive Plan recommends that:
Appropriate housin8 services for individuals with special
needs should be available in neighborhood settings.
New housin~ and housing types should be encouraged to
respond to current needs and trends. However, new
housing development in existing residential areas should
be carefully designed to relate well to the existing
neighborhood character.
III. Alternatives:
A. Approve the rezoning request.
1. Zonin~ becomes conditional RG-2.
Land use remains residential, but higher density housing
is permitted.
Utility issues for sewer and storm water will need to be
resolved. Sewer improvements will have to be made. City
Engineering is presently studying the matter to determine
the specific improvements required.
Traffic volumes would not be significantly affected.
Some neighborhood through traffic would occur since a
median cut on Route 419 is not available at Woodmar
Drive for those persons desiring to go south on Route 419.
Petitioners have indicated they are willing to
incorporate pedestrian access to the shopping center.
Neighborhood supports request. Use as elderly housing is
compatible with surrounding land uses.
6. Comprehensive Plan followed.
B. Deny the rezoning request.
1. Zonin~ remains RS-1.
2. Land use restricted to single family residential.
3. Utilities not an issue.
4. Traffic not an issue.
Neighborhood remains single family on Woodmar Drive with
commercial along Route 419.
6. Comprehensive Plan could still be followed.
IV. Recommendations:
By a vote of 5-0 (Messrs. Price and Waldvogel absent) the Planning
Commission recommended approval of the request. Such housing is an
appropriate alternative for the property in that it is compatible
with the neighborhood, is typically a low traffic generator, and
provides for a reasonable land use in this area along Route 419.
However, sewer service and storm water issues will need to be
resolved before the proposed project can be constructed.
Respectfully submitted,
Susan S. Goode, Chairwoman
Roanoke City Planning Commission
ESG:mpf
attachments
cc: Assistant City Attorney
Director of Public Works
City Engineer
Building Commissioner/Zoning Administrator
Petitioner
WETHERINGTON
VIRGINIA:
IN THE COUNCIL OF THE CITY OF ROANOKE
Re: Rezoning of a tract of land )
containing approximately 3.5 )
acres lying on Woodmar Drive, ) AMENDED
S.W., from RS-l, Residential ) PETITION TO REZONE
District (in part), and C-l, )
Office and Institutional District)
(in part) to RG-2, General )
Residential District subject to )
certain conditions of rezoning. )
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY
OF ROANOKE:
1. The petitioner, The Park-Oak Grove, L.P., a Virginia
partnership, has a contract to purchase a certain tract of land
located in the City of Roanoke, Virginia, containing approximately
3.5 acres, located on Woodmar Drive, S.W. and designated on Roanoke
City appraisal Map as part of Official Tax No. 5090205. The said
tract is currently zoned in part as RS-l, Single Family Residential
District and in part as C-l, Office and Institutional District. A
map of the property to be rezoned was attached as Exhibit A to the
original petition to rezone
2. Pursuant to Article VII and Article VIII of Chapter 36,
Code of the City of Roanoke (1979), as amended, the petitioner
requests that the said property be rezoned to RG-2, General Residen-
tial District, subject to certain conditions set forth below for the
purpose of a 93-unit congregate elderly apartment project.
3. The petitioner believes that the rezoning of the said
tract of land will further the intent and purpose of the City's
Zoning Ordinance and its comprehensive plan, in that it will
provide housing for the elderly; it will be consistent with the
WETHERINGTON
& MELCHIONNA
neighborhood; and it will provide a transition from Southwest
Plaza and other commercial uses along Route 419.
4. The petitioner hereby proffers and agrees that if the
said tract is rezoned as requested, that the rezoning will be
subject to, and that the petitioner will abide by, the following
conditions:
a.
The rezoned property shall be used only for
the purpose of constructing and operating a
93-unit multiple-family elderly apartment
dwelling with accessory uses, as defined in
the Zoning regulations of the City of Roanoke.
The rezoned property, if developed, shall be
developed in conformance with the site plan
as Exhibit A to the original petition prepared
by Collins & Kronstadt, Leahy, Hogan, Collins,
Draper, Architects, Planners and Engineers,
dated September 1986, subject only to such
modifications as may be required by the City
of Roanoke as a result of the site plan review
process of the City.
If construction of the proposed facility is
not begun by March 31, 1988, the zoning
classification shall return to the present
zoning classification without further action
of City Council.
5. Attached as Exhibit B to the original petition were the
names and addresses of the owner or owners of all lots or property
immediately adjacent to or immediately across a street or road
from the property to be rezoned.
WHEREFORE, the petitioner requests that the above-
described tract be rezoned as requested in accordance with
the provisions of the Zoning Ordinance of the City of Roanoke.
William W. Terry, III
Wetherington & Melchionna
Post Office Box 90
Roanoke, Virginia 24002
By:
Respectfully submitted,
The Park-Oak Grove, L.P.,
a Virginia partnership
Of Counsel ~
WETHERINGTON
~ MELCHIONNA
EXMIBIT B
Mr. James~D. Fralin
Post Office Box 5037
Roanoke, Virginia 24012
Mr. Luther James Martin, Jr.
4818 Grandin Road Extension,
Roanoke, Virginia 24018
Mr. Robert R. Martin
Mrs. Dorothy W. Martin
14 Sunfish Court - Carolina Shores
Calabash, North Carolina 28459
Mr. Nelson R. Martin
Mrs. Ruby y. Martin
3318 Birchlawn Avenue, N.W.
Roanoke, Virginia 24012
Mrs. Ruth Martin York
4905 Woodmar Drive, S.W.
Roanoke, Virginia 24018
Mr. John D. Brandes
Mrs. Patricia A. Brandes
4915 Woodmar Drive, S.W.
Roanoke, Virginia 24018
Mr. W. Wilton Little, Jr.
Mrs. Sandra S. Little
4923 Woodm~r Drive, S.W.
Roanoke, Virginia 24018
Mr. Angel R. Zayas
Mrs. Karen H. Zayas
4929 Woodmar Drive, S.W.
Roanoke, Virginia 24018
Mr. D. E. Underwood
Mrs. Eula Underwood
4935 Woodmar Drive, S.W.
Roanoke, Virginia 24018
Mr. Barry L. Flora
3529 Lakeland Drive, S.W.
Roanoke, Virginia 24018
Mountaineer Investment Company
Suite 1 West Salem Place
135 West Salem Avenue
Roanoke, Vtrignia 24011
Oak Grove Income Associates
c/o Westwind Properties
Post Office Box 1138
Roanoke, Virginia 24006
LOCATION
III
AE~ NIJMBER
~UgL ISHEP' S
ROANOKE TIMES & WORLD-NEWS
11912958
FEE $88.16
RECE!vEg
CITY C[,:~,-~-'~'~ CL
'86 DEC-8 ~1! ~1
~ILLIAM W TERRY 111
UNITED VA BANK
BOX 90
8LDG
ROANGKE VA 24002
STATE CF VtF,,GINIA
CITY OF ROANOKE
AFFIDAVIT OF PUBLICATION
I, ITHE UNDERSIGNED) AN OFFICER OF
[ iMES-WORLD CORPORATION, WHICH COR-
P~RATICN IS PUBLISHER OF THE ROANCKE
TIMES & WORLD-NEWS, A DAILY NEWSPAPER
PUBLISHED IN F~OAN~KE, IN THE STATE OF
N/IPGINIA,, ,gO CERTIFY THAT THE ANNEXED
NIOTICE WAS PUBLISHED IN SAID NEWSPAPERS
ON THE FOLLOWING DATES
11/21/8o MORNING
11/28/86 '~ORNING
WITNESS, THIS 1ST DAY CF DECEMBER 1986
OFFICER S SIGNATURE
NOTICE OF PUBLIC HEARING
TO WHOM IT MAy CONCERN:
Pursuant to the provisions of Article VII of Chapter 36, Code
of the City of Roanoke (1979), as amended, the Council of the
City of Roanoke will hold a Public Hearing on Monday, December 8,
1986, at 7:30 p.m., in the Council Chamber in the Municipal
Building, 215 Church Avenue, S. W., in the said city, on the
question of rezoning from RS-l, Single Family Residential and
C-I, Office and Institutional District, to RG-2 General
Residential District, the following property:
A tract of land containing approximately 3.5
acres, lying on Woodmar Drive, S. W., and designated as
a portion of Official Tax No. 5090205, which portion is
more particularly described in the Amended Petition to
Rezone which the applicant has filed with the City
Clerk.
This rezoning is to be subject to certain conditions prof-
fered by the petitioner. A copy of this proposal is available
for public inspection in the Office of the City Clerk, Room 456,
Municipal Building. Ail parties in interest and citizens may
appear on the above date and be heard on the question.
GIVEN under my hand this 19th day of November ,1986 .
Mary F. Parker
Please publish in full twice, once on City Clerk
Friday, November 21, 1986, and once on
Friday, November 28, 1986, in The Roanoke
Times and World News, Morning Edition.
Please send publisher's affidavit to:
Ms. Mary F. Parker, City Clerk
Room 456, Municipal Building
Roanoke, Virginia 24011
Please bill to:
Mr. William W. Terry, III
Attorney
P. O. Box 90
Roanoke, Virginia 24002
December 2, 1986
File #51
Mr. William W. Terry, III
Attorney
P. O. Box 90
Roanoke, Virginia 24002
Dear Mr. Terry:
I am enclosing copy of'a report of the Ci%y Planning Commission
recommending that the Council of the City of Roanoke grant the
request of your client, The Park-Oak Grove, L.P., a Virginia
partnership, that a tract of land containing approximately 3.5
acres, located on Woodmar Drive, S. W., designated as Official
Tax No. 5090205, be rezoned from RS-l, Single Family Residential
District and C-1, Office and Institutional District, to RG-2,
General Residential District, subject to certain proffered con-
ditions.
Pursuant to Resolution No. 25523 adopted by the Council of the
City of Roanoke at its meeting on Monday, April 6, 1981, a public
hearing on the abovedescribed request has been set for Monday,
December 8, 1986, at 7:30 p.m., in the Council Chamber, fourth
floor of the Municipal Building.
For your information, I am also enclosing copy of a notice of the
public hearing and an Ordinance providing for the rezoning, which
were prepared by the City Attorney's Office. Please review the
Ordinance and if you have any questions, you may contact Mr.
William M. Hackworth, Assistant City Attorney, at 981-2431.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:se
I:~x:~n456 ~lcll~oIB~lldlng 215(~urc:hA~,,~,S.W. Roo~oke, VI~2~I011 (703)981-254t
Mr. William W. Terry,
Page 2
December 2, 1986
III
CC:
Mr. James D. Fralin, P. O. Box 5037, Roanoke, Virginia
24012
Mr. Luther James Martin, Jr., 4818 Grandin Road Extension,
S. W., Roanoke, Virginia 24018
Mr. and Mrs. Robert R. Martin, 14 Sunfish Court - Carolina
Shores, Calabash, North Carolina 28459
Mr. and Mrs. Nelson R. Martin, 33t8 Birchlawn Avenue, N. W.,
Roanoke, Virginia 24012
Mrs. Ruth Martin York, 4905 Woodmar Drive, S. W. Roanoke,
Virginia 24018 '
Mr. and Mrs. John D. Brandes, 4915 Woodmar Drive, S. ~W.,
Roanoke, Virginia 24018
F-M Associates, c/o Real Estate Department, P. O. Box 90,
Roanoke, Virginia 24002
Mr. and Mrs. W. Wilton Little, Jr., 4923 Woodmar Drive,
S. W., Roanoke, Virginia 24018
Mr. and Mrs. James W. Webb, 4923 Woodmar Drive, S. W.,
Roanoke, Virginia 24018
Mr. and Mrs. A. R. Zayas, Jr., 4929 Woodmar Drive, S. W.,
Roanoke, Virginia 24018
Mr. and Mrs. D. E. Underwood, 4935 Woodmar Drive, S. W.,
Roanoke, Virginia 24018
Mr. Barry L. Flora, 3529 Lakeland Drive, S. W., Roanoke,
Virginia 24018
Mountaineer Investment Company, Suite 1, West Salem Place,
135 West Salem Avenue, Roanoke, Virginia 24011
Oak Grove Income Associates, c/o Westwind Properties, P. O.
Box 1138, Roanoke, Virginia 24006
Mr. Gordon N. Dixon, Executive Director, Fifth Planning
District Commission, p. O. Box 2569, Roanoke, Virginia 24010
Mr. W. Robert Herbert, City Manager
Mr. Earl B. Reynolds, Jr., Assistant City Manager
Mrs. Susan S. Goode, Chairman, City Planning Commission
Mrs. Martha P. Franklin, Secretary, City Planning Commission
Mr. William F. Clark, Director of Public Works
Mr. Charles M. Huffine, City Engineer
Mr. Kit B. Kiser, Director of Utilities and Operations
Mr. Ronald H. Miller, Building Commissioner and Zoning
Administrator
Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals
Mr. Von W. Moody, III, Director of Real Estate Valuation
Ms. Doris Layne, Office of Real Estate Valuation
Mr. William M. Hackworth, Assistant City Attorney
Mr. Wilburn C. Dibling, Jr., City Attorney
LAW OFFICES
WETHI~IlINOTON & ~ELCHIONNA
IlO0 UNITED VIRGINIA BANK BUIL{~ING
POST OFFICE BOX 90
ROANOKE, VIRGINIA ~4002
November 20, 1986
REC£I'vED
CITY CI.,E~!;S
Mrs. Mary F. Parker
City Clerk, City of Roanoke
215 West Church Avenue
Room 456
Roanoke, Virginia 24011
Re: Rezoning of a Portion of Official Tax Map No.
5090205
Dear Mrs. Parker:
Enclosed is a legal description which I would appreciate
your attaching to our amended petition to rezone. The legal
description is part of Exhibit A. I have enclosed three
copies.
Thank you for your cooperation.
please let me know.
If there are any questions,
Ve~t;ly yours,
Will'lam W. Terry,
III
WWT:abh:6857
Enclosure
BEGINNING at a point which is N. 74° 56' E. 293.46 feet
from the southern corner of the intersection of Va. Route
419 and Woodmar Drive, S.W.; thence N. 74° 56' E. 486.76
feet to an iron pipe; thence S. 32° 10' E. 265.88 feet
to an iron pipe; thence S. 62° 45' W. 492.16 feet to a
point; thence N. 28° 15' W. 367.68 feet to the point of
BEGINNING; and containing 3.5 acres, more or less.
Misc. 11/17/86 Council; C. ~
- ~,,r.; Asst. C. ~gr.
Office at the City Cleds
November 7, 1986
File #51
Mrs. Susan S. Goode
Chairman
City Planning Commission
Roanoke, Virginia
Dear Mrs. Goode:
Pursuant to Section 36-538 of the Code of the City of Roanoke
(1979), as amended, I am enclosing copy of an amended petition
from Mr. William W. Terry, III, Attorney, representing The
Park-Oak Grove, L.P., a Virginia partnership, requesting that a
tract of land containing approximatelY 3.5 acres, located on
Woodmar Drive, S. W., designated as Official Tax No. 5090205, be
rezoned from RS-l, Single Family Residential District and C-1,
Office and Institutional District, to RG-2, General Residential
District, subject to certain proffered conditions.
Sincerely,
Mary F. Parker, CItC
City Clerk
MFP:se
EnCo
cc: Mr. William W. Terry, III, Attorney, P. O. Box 90, Roanoke
Virginia 24002 '
Mrs. Martha P. Franklin, Secretary, City Planning Commission
Mr. Ronald H. Miller, Zoning Administrator
Mr. William M. Hackworth, Assistant City Attorney
Room 456 Municipal Building 215 C~urch Av, e~ue, S.W. Roanoke, Virginia 24011 (703) 981-254t
CiTY CLESi~5 ~?F'CE
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA
PERTAINING TO THE REZONING OF: '86 0,CT 27 p? :50
Request from Park-Oak Grove, L.P., a Virginia partnership, )
represented by William W. Terry, III, Attorney, that a tract )
of land containing approximately 3.5 acres, lying on Woodmar )
Drive, S.W., and designated as Official Tax No. 5090205, be )AFFI-
rezoned from RS-i, Single Family Residential District and C-l, )DAVIT
Office and Institutional District, to RG-2, General Residential)
District, such rezoning to be subject to certain conditions )
proffered by the petitioner. )
COMMONWEALTH OF VIRGINIA )
)
CITY OF ROANOKE )
TO-WIT:
The affiant, Martha Pace Franklin, first being duly sworn, states that
she is a Secretary to the Roanoke City Planning Commission, and as such is
competent to make this affidavit of her own personal knowledge. Affidavit
states that, pursuant to the provisions of ~15.1-341) Code of Virginia
(1950), as amended, on behalf of the Planning Commission of the City of
Roanoke she has sent by first-class mail on the 27th day of October, 1986,
notices of a public hearing to be held on the 6th day of November, 1986, on
the rezoning captioned above to the owner or agent of the parcels listed
below at their last known address:
PARCEL OWNER, AGENT OR OCCUPANT ADDRESS
5090201
James D. Fralin
P.O. Box 5037
Roanoke, VA 24012
5090206
Luther J. Martin, Jr., et als
4818 Grandin Road Ext. SW
Roanoke, VA 24018
5090203
Robert R. Martin
Dorothy W. Martin
14 Sunfish Court
Carolina Shores
Calabash, NC 28459
5090204
Nelson R. Martin
Ruby Y. Martin
3318 Birchlawn Avenue, NW
Roanoke VA 24012
5090215
Ruth Martin York
4905 Woodmar Drive, SW
Roanoke VA 24018
5090214 John D. Brandes
Patricia A. Brandes
4915 Woodmar Drive, SW
Roanoke VA 24018
5090207
F-M Associates
c/o Real Estate Department
P.O. Box 90
Roanoke VA 24002
5090213
James W. and Paula S. Webb
W. Wilton & Sandra S. Little
4923 Woodmar Drive, SW
Roanoke VA 24018
5090211
Angel R. Zayas, Jr.
Karen H. Zayas
4929 Woodmar Drive, SW
Roanoke VA 24018
Martha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of
Roanoke, Virginia, this 27th day of October, 1986.
Notary Public
My Commission Expires:
Misc. 10/27/86 - Council; C. Mqr.; Asst. C. ~r.
Office of ?ne Oh/C3e~k
October 21, 1986
File #51
Mrs. Susan S. Goode
Chairman
City Planning Commission
Roanoke, Virginia
Dear Mrs. Goode:
Pursuant to Section 36-538 of the Code of the City of Roanoke
(1979), as amended, I am enclosing copy of a petition and list of
property owners from Mr. William W. Terry, III, Attorney, repre-
senting The Park-Oak Grove, L.P., a Virginia partnership,
requesting that a tract of land containing approximately 3.5
acres, located on Woodmar Drive, S. W., designated as Official
Tax No. 5090205, be rezoned from RS-l, Single Family Residential
District and C-1, Office and Institutional District, to RG-2,
General Residential District, subject to certain proffered
conditions.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:se
Enc.
CC:
Mr. William W. Terry, III, Attorney, P. O. 8ox 90, Roanoke,
Virginia 24002
Mrs. Martha P. Franklin, Secretary, City Planning Commission
Mr. Ronald H. Miller, Zoning Administrator
Mr. William M. Hackworth, Assistant City Attorney
Room456 Munici~:~lBuilding 215 C~urch Avenue, S.W. Roanoke, Vlrginia24011 (703) 981-2541
NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING COMMISSION
TO WHOM IT MAY CONCERN:
The Roanoke City Planning Commission will hold a public hearing on
Thursday, November 6, 1986, at 1:30 p.m., or as soon thereafter as the
matter may be heard, in the City Council Chamber, fourth floor,
Municipal Building, in order to consider the following:
Request from Park-Oak Grove, L.P., a Virginia partnership,
represented by William W. Terry, III, Attorney, that a tract of
land containing approximately 3.5 acres, lying on Woodmar Drive,
S.W., and designated as Official Tax No. 5090205, be rezoned from
RS-I, Single Family Residential District and C-I, Office and
Institutional District, to RG-2, General Residential District, such
rezoning to be subject to certain conditions proffered by the
petitioner.
A copy of said application is available for review in the Office of
Cowanunity Planning, Room 355, Municipal Building.
Ail parties in interest and citizens may appear on the above date
and be heard on the matter.
Martha P. Franklin, Secretary
Roanoke City Planning Commission
Please run in the morning edition on Tuesday, October 21, 1986
Please run in the evening edition on Tuesday, October 28, 1986
Please send affidavit of publication to:
Office of Community Planning,
Room 355, Muncipal Building,
Roanoke, VA 24011
Please bill:
William M. Terry,III
Wetherington & Melchionna
P.O. Box 90
Roanoke, VA 24002
(703) 982-3800
~ELCHIONNA CITY CLER}~S OFFICE
9o '8(5 HCl 15 P~:~'?
24002
October 15, 1986
HAND DELIVERED
City Clerk
City of Roanoke
215 Church Avenue,
Roanoke, Virginia
S .Wo
24011
Dear Sir or Madam:
Enclosed are the following items:
1. Original and one copy of a Petition to Rezone;
2. Our firm check made payable to City of Roanoke in
the amount of $185.00 for the filing fee; and
3. A Statement of Rezoning Fee.
I would appreciate your filing the petition in the
Office of the City Clerk and instituting the procedure to
consider the rezoning request made by us on behalf of The
Park-Oak Grove, L.P., a Virginia partnership. Thank you for
your cooperation and please call me if you have any questions.
Very truly yours,
William W. Terry, III
LHB:js:6857
Enclosures
cc: Mr. J. D. Fralin with enclosure
WETHERINGTON
& MELCHIONNA
VIRGINIA:
RECEIVED
CITY CLERKS OFFICE
IN THE COUNCIL OF THE CITY OF ROANO~
Re:
Rezoning of a tract of land )
containing approximately 3.5 )
acres lying on Woodmar Drive, )
S.W., from RS-l, Residential )
District (in part), and C-l, )
Office and Institutional District)
(in part) to RG-2, General )
Residential District subject to )
certain conditions of rezoning. )
PETITION TO REZONE
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY
OF ROANOKE:
1. The petitioner, The Park-Oak Grove, L.P., a Virginia
partnership, has a contract to purchase a certain tract of land
located in the City of Roanoke, Virginia, containing approximately
3.5 acres, located on Woodmar Drive, S.W. and designated on Roanoke
City appraisal Map as part of Official Tax No. 5090205. The said
tract is currently zoned in part as RS-I, Single Family Residential
District and in part as C-i, Office and Institutional District. A
map of the property to be rezoned is attached as Exhibit A.
2. Pursuant to Article VII and Article VIII of Chapter 36,
Code of the City of Roanoke (1979), as amended, the petitioner
requests that the said property be rezoned to RG-2, General Residen-
tial District, subject to certain conditions set forth below for the
purpose of a 93-unit congregate elderly apartment project.
3. The petitioner believes that the rezoning of the said
tract of land will further the intent and purpose of the City's
Zoning Ordinance and its comprehensive plan, in that it will
provide housing for the elderly; it will be consistent with the
neighborhood; and it will provide a transition from Southwest
Plaza and other commercial uses along Route 419.
WETHERINGTON
& MELCHIONNA
said tract
subject to,
conditions:
a.
The petitioner hereby proffers and agrees that if the
is rezoned as requested, that the rezoning will be
and that the petitioner will abide by, the following
The rezoned property shall be used only for
the purpose of operating a 93-unit multiple-
family apartment dwelling with accessory uses,
as defined in the Zoning regulations of the City
of Roanoke.
If developed, the rezoned property shall be
limited to, and shall contain not more than
93 apartment units, together with various
accessory uses related thereto.
The rezoned property, if developed, shall be
developed in conformance with the attached
site plan (Exhibit A) prepared by Collins &
Kronstadt, Leahy, Hogan, Collins, Draper,
Architects, Planners and Engineers, dated
September 1986, subject only to such modifi-
cations as may be required by the City of
Roanoke as a result of the site plan review
process of the City.
If construction of the proposed facility is
not begun by March 31, 1988, the zoning
classification shall return to the present
zoning classification without further action
of City Council.
2
5. Attached as Exhibit B are the names and addresses
of the owner or owners of all lots or property immediately
adjacent to or immediately across a street or road from the
property to be rezoned.
WHEREFORE, the petitioner requests that the above-
described tract be rezoned as requested in accordance with
the provisions of the Zoning Ordinance of the City of Roanoke.
Respectfully submitted,
The Park-Oak Grove, L.P.,
a Virginia partnership
William W. Terry, III
Wetherington & Melchionna
Post Office Box 90
Roanoke, Virginia 24002
Of counsel
WETHERINGTON
& MELCHIONNA
3
EXHIBIT A
EXHIBIT B
Mr. James D. Fralin
Post Office Box 5037
Roanoke, Virginia 24012
Mr. Luther James Martin, Jr.
4818 Grandin Road Extension, S.W.
Roanoke, Virginia 24018
Mr. Robert R. Martin
Mrs. Dorothy W. Martin
14 Sunfish Court - Carolina Shores
Calabash, North Carolina 28459
Mr. Nelson R. Martin
Mrs. Ruby Y. Martin
3318 Birchlawn Avenue, N.W.
Roanoke, Virginia 24012
Mrs. Ruth Martin York
4905 Woodmar Drive, S.W.
Roanoke, Virginia 24018
Mr. John D. Brandes
Mrs. Patricia A. Brandes
4915 Woodmar Drive, S.W.
Roanoke, Virginia 24018
Mr. W. Wilton Little, Jr.
Mrs. Sandra S. Little
4923 Woodmar Drive, S.W.
Roanoke, Virginia 24018
Mr. Angel R. Zayas
Mrs. Karen H. Zayas
4929 Woodmar Drive, S.W.
Roanoke, Virginia 24018
Mr. D. E. Underwood
Mrs. Eula Underwood
4935 Woodmar Drive, S.W.
Roanoke, Virginia 24018
Mr. Barry L. Flora
3529 Lakeland Drive, S.W.
Roanoke, Virginia 24018
Mountaineer Investment Company
Suite 1 West Salem Place
135 West Salem Avenue
Roanoke, Virignia 24011
Oak Grove Income Associates
c/o Westwind Properties
Post Office Box 1138
Roanoke, Virginia 24006
Office c~ the City Cled¢
December 18, 1986
File #28-29
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 28473, authorizing execution
of an indenture between the City and Appalachian Power Company,
which Ordinance was adopted by the Council of the City of Roanoke
on first reading on Monday, December 8, 1986, also adopted by the
Council on second reading on Monday, December 15, 1986, and will
take effect ten days following the date of its second reading.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:se
Eric,
CC:
Mr. R. H. Thomas, Jr., Right-of-Way Agent, Appalachian
Power Company, P. O. Box 2021, Roanoke, Virginia 24022
Mr. G. S. Nease, Division Superintendent, Appalachian
Power Company, P. O. Box 2021, Roanoke, Virginia 24022
Mr. Sam H. McGhee, III, Mattern & Craig Consulting Engineers,
707 South Jefferson Street, Roanoke, Virginia 24011
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Joel M. Schlanger, Director of Finance
Mr. William F. Clark, Director of Public Works
Mr. Charles M. Huffine, City Engineer
Mr. Richard V. Hamilton, Right-of-Way Agent
Mr. Brian J. Wishneff, Chief of Economic Development and
Grants
Mr. Kit B. Kiser, Director of Utilities and Operations
Room456 A~unlclpalBulldlng 215 Church Avenue, S~W. Roonc~e, Vlrglnla24011 (703)981-2541
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of December, 1986.
No. 28473.
AN ORDINANCE authorizing execution of
City and Appalachian Power Company.
an indenture between the
BE IT ORDAINED by the Council of the City of Roanoke as fol-
lows:
1. The Mayor and the City Clerk are hereby authorized for
and on behalf of the City to execute and attest, respectively, an
indenture with Appalachian Power Company giving lieense ~nd per-
mit for nominal consideration to said Company, its successors and
assigns, to construct, erect, operate and maintain overhead elec-
tric service facilities for the purpose of transmitting electric
power, said right-of-way being in the City of Roanoke through
land owned by the City situate east of Blue Hills Drive, N.E.,
the location of said electric facility being shown on the attach-
ment to the Water Resources Committee report dated December 8,
1986, to this Council, and being located within the area desig-
nated "P.U.E." on Sheets 2, 3 and 4 of the Plat entitled "Roanoke
Property of the City of
of record in the Office of the
City of Roanoke, in Map Book
in Map Book 1, pages 358 and
the Office of the City Clerk.
Centre for Industry and Technology,
Roanoke," dated September 1, 1983,
Clerk of the Circuit Court for the
1, page 339,-340, and re-recorded
359, a copy of which is on file in
2. The form of such indenture shall be approved by the City
Attorney.
ATTEST:
City Clerk.
RECEIVED
CITY {'[.E?KS ~]F~!" !
Roanoke, Virginia
December 8, 1986
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Appalachian Power Company Indenture, Roanoke Centre
for Industry & Technology
The attached staff report was considered by the Water Resources Committee
at its meeting on November 24, 1986. The Committee recommends that Council
authorize the appropriate City officials to execute the Appalachian Power
Company indenture providing them the right to install overhead electric
service, in an existing 50' public utility easement, to the easterly portion
of the Roanoke Centre for Industry and Technology.
Respectfully submitted,
E~l i~za bet~~' J°'~'~-~
T. Bowles, Chairman
Water Resources Committee
ETB:KBK:afm
Attachment
CC:
City Manager
City Attorney
Director of Finance
Director of Public Works
Chief of Economic Development
Mr. R. H. Thomas, Jr., R.O.W. Agent, APCo
INTERDEPARTMENTAL COMMUNICATION
DATE:
TO:
FROM:
THRU:
RE:
October 31, 1986
Members, Water Resources Committee
Mr. Kit B. Kiser, Director Utilities and Operations
Mr. W. Robert Herbert, City Manager ~//~
Appalachian Power Company Indenture, Roanoke Centre
for Industry & Technology
I. Back,round:
Electric service to the industrial parcels east of Blue
Hills Drive, N.E. (between the street and the City Limit
line) is to be provided by overhead electric lines in a
50' Public Utility Easement along the easterly boundary
of the industrial park that was dedicated by the original
recordation of the subdivision plat (see attached portion
of plat).
II. Current Situation:
Appalachian Power Co. has submitted an Indenture which will
give them the authority to install the overhead electric
service to the easterly portion of the industrial park
(see attached). Service to be in the existing easement.
Director of Utilities & Operations has authorized Appalachian
Power Co. to start preliminary work due to need for temporary
electric service at "Orvis" site.
III. Issues:
A. Need
B. Timin~
IV. Alternatives:
Committee recommend to City Council that it authorize the
appropriate City officials to execute the Appalachian Power
Co. Indenture providing them the right to install overhead
electric service, in an existing 50' public utility easement,
to the easterly portion of the Roanoke Centre for Industry
and Technology.
Page 2
Ve
1. Need for electric service to "Orvis" site, as well
as all parcels east of Blue Hills Drive, N.E. is met.
2. Timin~ to provide electric service to "Orvis"
construction project, needed immediately, is met.
B. Committee not recommend to City Council that it authorize the
execution of the Appalachian Power Co. Indenture permitting the
installation of electric service to the easterly portion of the
industrial park:
1. Need for electric service is not met.
2. Timin~ to meet immediate need at "Orvis" site is not
met.
Recommendation: Committee recommend to City Council that it authorize
the execution of the Appalachian Power Co. Indenture in accordance with
Alternative "A".
KBK:WRH:dlh
Attachments
CC:
City Attorney
Director of Finance
Director of Public Works
Chief of Economic Development
Mr. R. H. Thomas, Jr., R.O.W. Agent, APCo
OFFICE OF CITY ENGINEER
October 9, 1986
Mr. G. S. Neaee
Division Superintendent
Appalachian Power Company
P. O. Box 2021
Roanoke, Virginia 24011
Re:
Electric Po~er Lines
Roanoke Centre For IndustrF &
Technology - Orvis Site
Dear Mr. Nease:
This is in response to Mr. R. H. Thomas' request for a letter permitting APCO to
begin construction of electric power lines needed to serve the Orris Site during
construction.
Several different matters must be addressed. First, you may begin construction
of the permanent overhead 34.5 KV line beginning on the southerly side of Orange
Avenue, N.E. at the easterly corporate limits and continuing parallel to the
easterly boundary of the Centre in an existing fifty (50) foot P.U.E. to the end
of that easement. You should keep to one side (east or west) of the easement so
as not to encumber the easement as we must reserve room for additional future
utilities. The PUE will be a shared easement rather than a proprietary ease-
ment. Second, you may install a temporary service across City property, in the
location shown on the attached drawing prepared by Mr. Thomas, to serve the
contractor who is building the Orvis Warehouse. Third, you are cautioned to
contac~ the Roanoke City Engineering Department and ~he contractor grading the
Orvis site in order to coordinate the construction of your 34.5 KV permanent
line with the grading currently taking place in that area. We desire that you
not erect poles in such areas that may be cut or filled until you are familiar
with the final contours proposed for that area. Finally, for your future
planning, all permanent secondary service lines, including individual service
lines are to be underground installations and located on the property to be
served.
Mr. G. $. Nease
October 9, 1986
Page 2
Please submit the indenture for the permanent line, with supporting information,
as soon as possible. We may be able to get it on the October 20, 1986 agenda of
the Water Resources Committee if it is received within the next few days.
Please understand that this permission is subject to the final approval by City
Council of the indenture. If we can provide additional information, please let
me know,
Sincerely,
Kit 8. Kiser, Director
Utilities & Operations
KBK:RVH:dlh
cc:
William M. Hackworth, Assistant City Attorney
William F. Clark, Director of Public Works
Charles M. Huffine, P.E., City Engineer
Brian Wishneff, Chief of Economic Development & Grants
Sam H. McGhee, III, Mattern & Craig
l~oanoke Centre Site Plan
4
[ the CITY OF ROANOKE, a municipal corporation existing under the laws of the
i Commonwealth of Virginia, party of the first part, and APPALACHIAN POWER
: COMPANY, a Virginia public service corporation, party of the second part.
WITNESSETH:
THAT FOR AND IN CONSIDEP. ATION of the sum of ONE DOLLAR {$1.00),
the receipt of which is hereby acknowledged, the said party of the first
part hereby grants and conveys to the party of the second part, its
successors and assigns, a right of way and easement to construct, erect,
operate, and maintain a line or lines for the purpose of transmitting
electric power overhead within the Roanoke Centre for Industry and Technology
property of the City of Roanoke, Virginia.
The location of said right of way and easement being as shown
and designated" .
P.U.E. , Public Utility Easement", on sheets 2 and 3
of 4 sheets of plat entitled "Roanoke Centre for Industry and
Technology Property of the City of Roanoke", dated September l,
lg83, and appears of record in the office of the Clerk of the
Circuit Court of the City of Roanoke, Virginia, in Map Book l, Pages
339 and 340, and rerecorded in Map Book l, Pages 358 and 359.
TOGETHER with the right, privilege and authority to said party of
the second part, its successors and assigns, to construct, erect, install,
place, operate, maintain, inspect, repair, renew, remove, add to the number
of, poles, with wires, cables, crossarms, guys, anchors, grounding systems
and all other appurtenant equipment and fixtures (hereinafter called
"Appalachian's Facilities"), and string wires and cables, adding thereto from
time to time, across, through, or over the above referred to premises; the
right to cut down, trim, and/or otherwise control, and at Appalachian's
option, remove from said premises, any trees, overhanging branches,
bui)dings or other obstructions which may endanger the safety of, or
interfere with the use of, Appalachian's Facilities; and the right of
ingress and egress to and over said above referred to premises, and any of
the adjoining lands of the Grantor at any and all times, for the purpose of
exercising and enjoying the rights herein granted, and for doing anything
THIS INDENTURE, made this 22nd day of October, 1986, by and between
necessary or useful or convenient in connection therewith. The party of the
first part hereby grants, conveys and warrants to Appalachian Power Company a
non-exclusive right of way easement for electric facilities.
In the event the party of the second part should remove all of
said Appalachian's Facilities from the lands of the party of the first part,
then all of the rights, title and interest of the party of the second part in
the right of way and easement herein above granted, shall revert to the party
of the first part, its successors and assigns.
The party of the second part agrees to indemnify and save harmless
the party of the first part against any and all loss or damage, accidents,
or injuries~ to persons or property, whether of the party of the first part
or any other person or corporation, arising in any manner from the negligent
construction, operation, or maintenance, or failure to properly construct,
operate, or maintain the said poles, wires, cables, crossarms, guys,
anchors, grounding systems and all other appurtenant equipment and
fixtures of the party of the second part.
It is understood and agreed between the parties hereto, that the
party of the first part reserves the right to use said lands in any way not
inconsistent with the rights herein granted.
TO HAVE AND TO HOLD the same unto the said Appalachian Power
Company, its successors and assigns.
WITNESS the signature of the City of Roanoke by NOEL TAYLOR, its
Mayor, and its municipal seal hereto affixed and attested by Mary F. Parker,
its City Clerk pursuant to Ordinance No. , adopted
CITY OF ROANOKE
ATTEST:
CITY CLERK MAYOR
-2-
STATE OF VIRGINIA
) TO WIT:
CITY OF ROANOKE )
I, , Notary Public in and for the City
of State aforesaid, do certify that Noel Taylor and Mary F. Parker, Mayor and
City Clerk, respectively, of the City of Roanoke, whose names as such are
signed to the writing above, bearing date the 22nd day of October, 1986, have
each acknowledged the same before me in my jurisdiction aforesaid.
Given under my hand this __ day of , 1986.
My Commission Expires:
Notary Public
-3-
December 18, 1986
File #166-169
Mr. Sam H. McGhee, III
President
CHMC Associates, Inc.
c/o Mattern & Craig Consulting
707 South Jefferson Street
Roanoke, Virginia 24011
Engineers
Dear Mr. McGhee:
I am enclosing copy of Ordinance No. 28474, granting a revocable
license for a certain encroachment over and into City-owned pro-
perty adjacent to property owned by CHMC Associates, Inc.,
located at 701 First Street, S. W., bearing Official Tax Nos.
1020412, 1020413 and 1020414, upon certain terms and conditions,
which Ordinance was adopted by the Council of the City of Roanoke
on first reading on Monday, December 8, 1986, also adopted by the
Council on second reading on Monday, December 15, 1986, and will
take effect ten days following the date of its second reading.
This ordinance shall be in full force and effect at such time as
a copy, duly signed, sealed, attested, and acknowledged by
CHMC Associates, Inc., has been admitted to record in the Office
of the Clerk of the Circuit Court of the City of Roanoke, and
shall remain in effect only so long as a valid, current certifi-
cate evidencing the public liability insurance required in
paragraph 4 of the ordinance is on file in the Office of the
City Clerk.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:se
Enc.
456 Munlc~ool Building 215 (~ur~ A~nu~, $.W. Roonc~e, V~r~o 24011 (703) 98t-254t
Mr. Sam H. McGhee,
Page 2
December 18, 1986
III
CC:
Mr. Harwell M. Darby, Jr., Attorney, P. O. Box 2887,
Roanoke, Virginia 24001
Mr,
Mr.
Mr
Mr
Mr
Mr
Mr
Mr
W. Robert Herbert, City Manager
Wilburn C. Dibling, Jr., City Attorney
Joel M. Schlanger, Director of Finance
Kit B. Kiser, Director of Utilities and Operations
William F. Clark, Director of Public Works
Charles M. Huffine, City Engineer
Richard V. Hamilton, Right-of-Way Agent
Ronald H. Miller, Building Commissioner
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of December, 1986.
No. 28474.
6B
AN ORDINANCE granting a revocable license for a certain encroach-
ment over and into City-owned property adjacent to the licensee's
property located at 701 First Street, S.W., bearing Official Tax Nos.
1020412, 1020413 and 1020414, upon certain terms and conditions.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. A revocable license shall be and is hereby granted the cur-
rent owners, CHMC Associates, Inc., their grantees, assignees, or
successors in interest, of the property bearing Official Tax Nos.
1020412, 1020413 and 1020414, otherwise known as 701 First Street,
S. W., within the City of Roanoke, to construct and maintain a new
brick veneer skin on the structure at
croaching approximately 5 inches over
of-way of Day Avenue, S. W., adjacent
701 First Street, S. W., en-
and into the City-owned right-
to the licensee's property at
701 First Street, S. W., Official Tax Nos. 1020412, 1020413 and
1020414, as more fully described in a report of the Water Resources
Committee, dated December 8, 1986, on file in the Office of the City
Clerk.
2. Said license, granted pursuant to §15.1-376, Code of
Virginia (1950), as amended, shall be revocabie at the pleasure
of the Council of the City of Roanoke, and is subject to all the
limitations contained in the aforesaid §15.1-376.
3. It shall be agreed by the licensee that, in maintaining
such encroachments, said licensee and its grantees, assignees, or
successors in interest covenant and agree to indemnify and save
harmless the City of Roanoke, its officials, officers and
employees, from all claims for injuries or damages to persons or
property that may arise by reason of the above-described
encroachments over public right-of-way.
4. Licensee, its grantees, assignees or successors in
interest shall for the duration of this permit, with respect to
claims arising out of the maintenance and use of the structure
and areas permitted to encroach into City right-of-way hereunder,
maintain on file with the City Clerk's Office evidence of general
public liability insurance with limits of not less than
$300,000.00 combined bodily injury liability, including death,
and property damage liability
including the City of Roanoke,
as additional insureds.
5. This ordinance shall
time as a copy, duly signed,
for any one occurrence, and
its officers, employees and agents
be in full force and effect at such
sealed, attested, and acknowledged
by licensee, has been admitted to record, at the cost of the
licensee in the Office of the Clerk of the Circuit Court of the
City of Roanoke, and shall remain in effect only so long as a
valid, current certificate evidencing the public liability
insurance required in
of the City Clerk.
paragraph 4 above is on file in the Office
ATTEST:
City Clerk.
- 2 -
ACCEPTED and EXECUTED by the undersigned this
, 1986.
__ day of
CHMC ASSOCIATES. INC.
By.
Sam H. McGhee, III, President
STATE OF VIRGINIA §
§
CITY OF ROANOKE §
I hereby certify that the
ledged before me this
Sam H. McGhee, III, President,
of that corporation.
My Commission expires:
foregoing
instrument was acknow-
19 , by
Inc., on behalf
__ day of
CHMC Associates.
Notary Public
- 3
RECEIYED
CITY n ~'~'<~ ~ ~
Roanoke, Virginia
December 8, 1986
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Encroachment into Street Right of Way
100 Block Day Avenue, S.W.
The attached staff report was considered by the Water Resources Com-
mittee at its meeting on November 24, 1986. The Committee recommends that
Council authorize the appropriate City officials to execute a revocable
license with appropriate insurance, and requiring indemnification on
behalf of the City, permitting encroachment over a portion of Day Avenue,
S.W. to allow a brick veneer five (5) inches deep and 138.31 feet long on
the property at 701 First Street, S.W.
Respectfully submitted,
abeth T. Bowles, Chairman
ETB:KBK:afm
Attachment
CC:
Water Resources Committee
City Manager
City Attorney
Director of Finance
Director of Public Works
Building Commissioner
Harwell M. Darby, Jr., Glenn, Flippin, Feldman & Darby
Sam H. McGhee, III, Mattern & Craig
INTERDEPARTMENTAL COMMUNICATION
DATE:
TO:
FROM:
THRU:
RE:
November 18, 1986
Membe~r~, Wat~ Resources Committee
Mr.' Kit B. Kiser, Director Utilities & Operations
W. Robert Herber~Manager
Encroachment into Street Right of Way
100 Block, Day Avenue, S.W.
Official Tax Nos. 1020412 & 1020413
I. Backer ound:
A. Buildin~ at 701 First Street S.W. has existed at that location
for a number of years. It was formerly occupied by Blue Ridge
Optical Company.
B. Property was recently required by CHMC Associates, Inc.
C. Structure abuts the right of way line of Day Avenue, S.W.
due to a five (5) foot strip of property acquired by the
City in 1956.
II. Current Situation:
A. CHMC Associates, Inc. desires to install a new brick veneer
skin on the outside of the structure. On the Day Avenue
side this brick veneer will encroach upon the City street
right of way five (5) inches for the entire 138.31 foot
length of the property. Sidewalk area width at this location
is five feet wider than the adjacent property.
III. Issues:
A. Need
B. Timin~
IV. Alternatives:
A. Committee recouunended to Cit~ Council that it authorize the
appropriate City officials to execute a revocable license
with appropriate insurance, and requiring indemnification on
behalf of the City, permitting encroachment over a portion
of Day Avenue, S.W. to allow a brick veneer five (5) inches
deep and 138.31 feet long on the property at 701 First Street
S.W.
Page 2
1. Need by property owners to renovate structure is met.
2. Timin~ to permit scheduling of removations in a timely
manner is met.
B. Committee not recommend that City Council authorize a
revocable license for encroachments by exterior renovations
on the structure at 701 First Street, S.W.
1. Need for license to allow encroaching renovations is
not met.
2. Timin~ of renovations is not met.
V. Recommendation: Committee recommend to City Council that it authorize
a revocable license for encroachments in conjunction with exterior
renovations at 701 First Street, S.W., in accordance with Alternative
KBK/WRH/RVH/dlh
Attachments
cc: City Attorney
Director of Finance
Director of Public Works
Building Commissioner
Harwell M. Darby, Jr., Glenn, Flippin, Feldmann & Darby
Sam H. McGhee, III, Mattern & Craig
GLENN, FLIPPIN. FELD~Xl]ANN & I])ARBY
November 12, 1986
Mr. W. Robert Herbert
City Manager
City of Roanoke
Municipal Building, Room 350
2t5 Church Avenue, S. W.
Roanoke, Virginia 24011
Re: Encroachment over City Property
CHMC Associates, Inc. Development
Dear Mr. Herbert:
We would appreciate your submitting the attached request from CHMC
Associates, Inc. for a five inch encroachment into the 100 block of
Day Avenue, S. W. to the City's Water Resources Committee/City Council
for their review and approval.
CHMC Associates, Inc. plans to make extensive renovations to the
former Blue Ridge Optical Company building located on the southwest
corner of First Street at Day Avenue, S. W., including a new brick
veneer skin which would encase the existing building.
It is our understanding that this type of encroachment has been
approved by the Committee and City Council in the past, most recently,
perhaps for the Puritan Mills Development on Campbell Avenue adjacent
to the City Jail, which was approved within the last several months.
If we can provide any additional assistance, do not hesitate to
contact the undersigned. We will be pleased to attend any meeting of
the Water Resources Committee and or City Council as necessary to
present our request and to answer any questions.
Cordially yours,
Harwell M. Darby, Jr.
-SHMIII:HMDJR:679000:bw
cc: CHMC, Inc. w/enclosure
Kit B. Kiser w/enclosure
BACKGROUND
Ao
Co
REQUEST FOR ENCROACHMENT OVER CITY PROPERTY
CHMC ASSOCIATES, INC. DEVELOPMENT
CHMC Associates, Inc. acquired the property located on southwest
corner of First Street, S. W. at Day Avenue, S. W. in July, 1986.
The property involved is shown on the attached map and involves
City Tax #'s 1020, 412, 1020413, and 1020414.
Improvements on the site currently include a two story brick
commercial building containing ll,O00 square feet and onsite
parking for approximately 35 to 40 vehicles.
The existing building was constructed in 1956 for the Blue Ridge
Optical Company. At the time of construction, Blue Ridge Optical
Company sold to the City of Roanoke a five foot wide strip along
Day Avenue, S. W. which widened the right of way of Day Avenue, S. W.
and which established a new right of way property line along the
face of the building. The purpose of the sale of the property to
the City was for the future widening of Day Avenue, S. W.
II. CURRENT SITUATION
Bo
CHMC Associates, Inc. desires to make extensive renovations to the
building for the lease of professional office space to Mattern &
Craig, Consulting Engineers.
Renovations will include the construction of a new brick veneer
skin to encase the entire existing structure and extensive renovations
in the mechanical, electrical and plumbing systems, and refinishing
of the interior of the structure for occupancy by Mattern & Craig.
CHMC Associates, Inc. requests an encroachment over City property
five inches in width along the entire frontage of Day Avenue, S. W.,
a distance of 138.31 feet. The encroachment would be along the
frontage of City Tax #'s 1020412 and 1020413. A map is attached
showing the limits of the encroachment. Also attached is a drawing
indicating the section view of the proposed masonry veneer skin.
It is requested that action be taken on this matter as soon as
possible in order that construction of the improvements can proceed.
CHMC Associates, Inc.
by: Sam H. McGhee, III, President
I~dAP BOOK PAGE
~ f T
CHh'ir-- ~C~CiAT~r¢~ IhqC.
O~ce c~ n~ Oty Oenk
December 18, 1986
File #80-284
Mr. Willis White
Salem High School
400 Spartan Drive
S'alem, Virginia 24153
Dear Mr. White:
I am enclosing copy of Resolution No. 28479, commending you and
the Salem Spartans football team for an outstanding season, which
Resolution was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, December 15, 1986.
Sincerely,
Nary F. Parker, CMC
City Clerk
MFP:se
Eno.
456 Munlcl~ol Building 215 (~urch A~ue, $.W. P, oonc~e, Virginia 24011 (703) 981-2541
December 18, 1986
File #80-284
Mr. Randolph M. Smith
Clerk of the Council
P. O. Box 869
Salem, Virgini. a 24153
Dear Mr. Smith:
I am enclosing copy of Resolution No. 28479, commending the Salem
Spartans football team and their coach, Willis White, for an
outstanding season, which Resolution was adopted by the Council
of the City of Roanoke at a regular meeting held on Monday,
December 15, 1986.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:se
Enc.
456 ~nlcll:Xll Building 215 Church Avenue, S.W. Roanoke, Vlrgi'~la 24011 (703) 981-2.~1.1
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of December, 1986.
No. 28479.
A RESOLUTION commending the Salem Spartans football team and their
coach, Willis White, for an outstanding season.
WHEREAS, the Salem Spartans football team, led by Coach Willis
White, finished their season with a 12-2 record;
WHEREAS, the Salem team played in the Group AAA, Division 1,
Championship Football Game on Saturday. December 6, 1986, and even
though the team suffered a 14-0 loss to the Hampton Crabbers, the Salem
team reflected great credit on our.sister City and upon the entire
Roanoke Valley; and
WHEREAS. the Salem Spartans played with great effort, determination
and confidence, and their No. 2 finish in Group AAA is an accomplish-
ment of which all citizens of the Roanoke Valley can be proud;
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as
follows:
1. The Council adopts this resolution as a means of expressing
its commendation to the Salem Spartans football team and their coach,
Willis White, for their outstanding representation of our sister City,
Salem. and the entire Roanoke Valley;
2. The Clerk is directed to forward an attested copy of this
resolution to Coach Willis White and to the Clerk of Salem City Council.
ATTEST:
City Clerk.
December 16, 1986
File #468B
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 28486, supporting efforts
by the County of Roanoke to obtain a permit from the United
States Government Corps of Engineers resulting in a possible safe
yield determination of 24 million gallons per day from the pro-
posed Roanoke River Spring Hollow Reservoir Project, which
Resolution was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, December 15, 1986.
Sincerely,
~tary F. Parker, CMC
City Clerk
MFP:se
Enc.
cc: Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance
Mr. Kit B. Kiser, Director of utilities and Operations
Mr. M. Craig Sluss, Manager, Water Production
Room ~6 Munlcll~al Building 2t5 ~'~urch Avenue, S.W. I~:~le, VIn:~nlo 2401 '~ (703) 981-2541
December 16, 1986
Fi 1 e #468B
Mr. Claude D. Boyd, III
Colonel, Corps of Engineers
District Engineer, Dept. of the Army
Norfolk District, Corps of Engineers
Fort Norfolk, 803 Front. Street
Norfolk, Virginia 23510-1096
Dear Mr. Boyd:
I am enclosing copy of Resolution No. 28486, supporting efforts
by the County of Roanoke to obtain a permit from the United
States Government Corps of Engineers resulting in a possible safe
yield determination of 24 million gallons per day from the pro-
posed Roanoke River Spring Hollow Reservoir Project, which
Resolution was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, December 15, 1986.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:se
Enc.
Room 456 Munlcll:x)l Building 215 C]~urch Avenue, S.W. I~)onc:~e, ~rglnla 2401 t (703) 981-254.1
December 16, 1986
File #468B
The Honorable John W. Warner
United States Senator
421 Russell Senate Office Building
Washington, D. C. 20510
Dear Senator Warner:
I am enclosing copy of Resolution No. 28486, supporting efforts
by the County of Roanoke to obtain a permit from the United
States Government Corps of Engineers resulting in a possible safe
yield determination of 24 million gallons per day from the pro-
posed Roanoke River Spring Hollow Reservoir Project, which
Resolution was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, December 15, 1986.
Sincerely,
~.~ary F. Parker, CMC
City Clerk
MFP:se
Enc.
Room 456 Municipal Building 215 O~urc~ Avenue, S.W. Boanc~e, ~rglnla 240t I (703) 981-2541
December 16, 1986
File ~468B
The Honorable Paul S. Trible, Jr.
United States Senator
517 Hart Senate Office Building
Washington, D. C. 20510
Dear Senator Trible:
I am enclosing copy of Resolution No. 28a86, supporting efforts
by the County of Roanoke to obtain a permit from the United
States Government Corps of Engineers resulting in a possible safe
yield determination of 24 million gallons per day from the pro-
posed Roanoke River Spring Hollow Reservoir Project, which
Resolution was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, December 15, 1986.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:se
Enc.
P,,oom 456 Municipal Building 215 C~urch Avenue, S.W. Roonoke, Virginia 24011 (703) 981-2541
December 16, 1986
File #468B
The Honorable James R. Olin
United States Congressman
1207 Longworth House Office Building
Washington, D. C. 20515
Dear Congressman Olin:
I am enclosing copy of Resolution No. 28486, supporting efforts
by the County of Roanoke to obtain a permit from the United
States Government Corps of Engineers resulting in a possible safe
yield determination of 24 million gallons per day from the pro-
posed Roanoke River Spring Hollow Reservoir Project, which
Resolution was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, December 15, 1986.
Sincerely,
Mary F. Parker, C!1C
City Clerk
MFP:se
Eric.
Room456 MunicipalBulldlng 215 Church Ave~ue, S.W. Roanoke, VIrg~lo24011 (703)981-2541
~Xflce o~ ~ O~y
December 16, 1986
File ~468B
The Honorable Alan H. Brittle
Chairman, Roanoke County Board
of Supervisors
P. O. Box 3800
Roanoke, Virginia 54015
Dear Mr. Brittle:
I am enclosing copy of Resolution No. 28486, supporting efforts
by the County of Roanoke to obtain a permit from the United
States Government Corps of Engineers resulting in a possible safe
yield determination of 24 million gallons per day from the pro-
posed Roanoke River Spring Hollow Reservoir Project, which
Resolution was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, December 15, 1986.
Sincerely,
~4ary F. Parker, CHC
City Clerk
MFP:se
Enc.
P, oom 456 Municipal Building 215 (~urch Avenue, S.W. Roonoke, Virginia 2401 ~ (703) 98t-2541
December 16, 1986
Fi 1 e #468B
Mr. Elmer C. Hodge, Jr.
Roanoke County Administrator
P. O. Box 3800
Roanoke, Virginia 24015
Dear Mr. Hodge:
I am enclosing copy of Resolution No. 28486, supporting efforts
by the County of Roanoke to obtain a permit from the United
States Government Corps of Engineers resulting in a possible safe
yield determination of 24 million gallons per day from the pro-
posed Roanoke River Spring Hollow Reservoir Project, which
Resolution was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, December 15, 1986.
Sincerely,
Mary F. Parker, C~IC
City Clerk
MFP:se
Enc.
Roor'n456 MunlcipalBuilding 215~urchA, v~'~ue, S.W,l~oar'~e,'~rginia240'11 (703)981-2541
December 16, 1986
File ~468B
Mr. George W. Nester
Town Manager
P. O. Box 338
Vinton, Virginia 24179
'Dear Mr. Nester:
I am enclosing copy of Resolution No. 28486, supporting efforts
by the County of Roanoke to obtain a permit from the United
States Government Corps of Engineers resulting in a possible safe
yield determination of 24 million gallons per day from the pro-
posed Roanoke River Spring Hollow Reservoir Project, which
Resolution was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, December 15, 1986.
Sincerely,
Mary F. Parker,
City Clerk
MFP:se
Enc.
Room456 MunlclpalBuildlng 215Churd'~Av~'~ue, S.W. Roanoke, Vlrg~nla24011 (703)98'1-2541
December 16, 1986
Fi 1 e #468B
Mr. William J. Paxton,
City Manager
P. O. Box 869
Salem, Virginia 24153
Jr.
Dear Mr. Paxton:
I am enclosing copy of Resolution No. 28486, supporting efforts
by the County of Roanoke to obtain a permit from the United
States Government Corps of Engineers resulting in a possible safe
yield determination of 24 million gallons per day from the pro-
posed Roanoke River Spring Hollow Reservoir Project, which
Resolution was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, December 15, 1986.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:se
Enc.
Room 456 Municipal Bulldln9 215 Church Avenue, S.W. Roanoke, Virginia 2~1011 (703) 981-2541
IN THE COUNCIL FOR THE CITY OF ROANOKE,
The 15th day of December, 1986.
No. 28486.
VIRGINIA,
A RESOLUTION supporting efforts by the County of Roanoke to
obtain a permit from the United States Government Corps of
Engineers resulting in a possible safe yield determination of
24 million gallons per day from the proposed Roanoke River Spring
Hollow Reservoir Project.
WHEREAS, the County of Roanoke is seeking to develop on a
regional basis the Roanoke River Spring Hollow Reservoir Project;
and
WHEREAS, the United States Government Corps of Engineers has
preliminarily stated that a permit for the Project will be issued
having flow-by requirements which are statistically thought to
limit the Project's safe yield to 18 million gallons per day
(MGD); and
WHEREAS, Roanoke County is seeking a permit from the United
States Government Corps of Engineers which would result in a
possible safe yield determination of 24 MGD from the proposed
Project.
THEREFORE, BE IT RESOLVED by the Council of the City of
Roanoke that this Council hereby expresses its support of Roanoke
County's efforts to obtain a permit from the United States
Government Corp of Engineers providing flow-by requirements which
would statistically result in a possible safe yield determination
of 24 MGD from the proposed Roanoke River Spring Hollow Reservoir
Project and urges the United States Government Corps of Engineers
to take such action; and
BE IT FuI~rHER RESOLVED that the City Clerk is directed to
forward a copy of this resolution to the Honorable John W.
Warner, the Honorable Paul S. Trible, Jr., the Honorable James R.
Olin, the Honorable Alan Brittle, Chairman of the Roanoke County
Board of
Virginia,
Supervisors, and the District Engineer of the Norfolk,
District of the United States Corps of Engineers.
ATTEST:
City Clerk.
Roanoke, Virginia
December 15, 1986
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Spring Hollow Reservoir - Resolution of Support
of Roanoke County's Efforts for Compromise Position
with C.O.E. for 24 MGD Safe Yield
I. Background:
Coordinated study by the Roanoke Valley Governments for a Valley Water
supply conducted in late 1983 resulted in an agreed plan to develop the
West County Reservoir site (Spring Hollow) for a 30 million gallon per
day (MGD) safe yield source of supply to meet the Valley's water needs
through the year 2040.
B. Commonwealth of Virginia State Water Control Board (SWCB) issued a
permit for water withdrawal and required flow-by requirements which is
believed to statistically allow the Roanoke River and Spring Hollow
project to provide a safe yield of 29 MGD.
The United States Government Corp of Engineers, through the Norfolk
District Office (COE) has stated their authority to control flow-by
requirements and has preliminarily stated they will issue a permit
having flow-by requirements which are statistically thought to limit
the safe yield of the river and reservoir project to 18 MGD.
Safe Yield will formally be determined by the Commonwealth of Virginia
Department of Health when that Department issues its certificate of
operation for the project.
go
Compromise position is being sought by Roanoke County from the COE,
prior to the COE's formal issuance of their flow-by permit requirements,
which is thought statistically to allow the river and reservoir to
produce a 24 MGD safe yield. Note the attached article appearing in
the December 12, 1986 edition of the Roanoke Times and World News.
II. Discussion:
A. Twenty-nine (29) MGD equates to approximately 45 cubic feet per second
(CFS).
B. Average flow over approximately 43 years of history is 270 CFS.
Page 2
III.
Water quality standards are set up at the flow statistically calcu-
lated to be the driest seven consecutive day flow with a 10-year
return frequency (7Q10) and is based on a flow of 27 CFS at the
reservoir site.
D. Minimum flows of record were approximately 10 CFS occurring in 1959.
Another severe drought occurred in the 1963 era.
Eo
At issue is what percent of the average annual flow will be required
by the COE to flow by the project area. Under certain conditions
the SWCB would only require 10%, (or approximately 7QlO flow) to flow
by, if that flow is available naturally. The COE is considering a
20% flow-by requirement for 10 months and a 30% flow-by requirement
during the 2 month spring spawning season for the Roanoke Logperch.
Difficulties in meetin8 safe yield expectations and monitoring
adequate flow-by requirements for acquatic life lie in definitions
as follows:
Safe Yield is by definition an absolute determination based on
a projection of the worst possible drought conditions.
Flow-by requirements being considered by the COE give no con-
sideration to the fact that during the severe drought that the
acquatic life is already damaged by naturally occurring flows.
Go
Compromise position being promulgated by the County to the COE would
not reduce the flows in the river below the naturally occurring flows
of 1.2 times 7Q10 (12% of the average flow) and would only approach
those reduced flow-by requirements during drought periods. If the
drought continues such that nature impacts the flows less than the
12% flow then that naturally occurring flow, whatever it is, must
flow by.
Ho
Statistically the compromise flow-by requirements would allow a pro-
jected safe yield of 24 MGD. This projection is, by definition,
based on the worst projected drought where ultimately nature would
only provide flows significantly lower than the 12% average flow, and
only then if strict water conservation is in effect.
Routine operations during normal rainfall, even normal or average
low summer flows, would not result in flow-by requirements during those
months of less than 20% of the average annual flow and, for the majority
of the time, flows would be greater.
Recommendation: City Council pass a resolution of support of Roanoke
County's efforts to solicit a permit from the COE for flow-by require-
ments which would statistically result in a possible safe yield
determination of 24 MGD from the proposed Roanoke River and Spring
Hollow Water Development Project.
Page 3
This resolution to be sent to the District Engineer of the Norfolk
Virginia District of the Corps of Engineers with a copy each to the
Chairman of Roanoke County Board of Supervisors and the City's
federally elected representatives.
W. Robert Herbert
City Manager
WRH:KBK:mje
cc:
City Attorney
Director of Finance
Roanoke County Administrator
Salem City Manager
Vinton Town Manager
to rMuou flew in'tim river to as low
as lO pemmt~tt~nnnual arm-age.
Biologists warned that would virtu-
of the our~' NorfoHt office ~m, Tburo-
day to diScu~ tim emmp~nllem.
statm Commlsaiua d Oame and la-
HodgesaidthoreproheMywmtldlom Of partleular eaeemrm
moro meatln~ with t~ e~rlm ev~ t~mn~elo~pore~&rarefls~ ~_n~l~::
the next eouple of months, however, to that s~etch of tim
Noel Burkhead, a Roanoke ~ tlat is hein~ listed
lege biologist hirM by the ouumty to [overnment as a threammM spe~[~;
study how the rems-voit wm~d affeet Tim Fisk mad WII~
C~lSS ens~s its pr~ r~ !
year period. It would get that low
only once in nature.
T~m compromise includes man-
datory water eonsmrvatinn geide-
lines that get stricter as flow in the
fiver is reduced. For example, water
uso would have to be cut by one-third
when flow in the rtwr was reduced
to 12 percent.
l~tiqg the proposed restric-
tiom wouldn't hurt tim fish in the
river and wonld tocrouae thru yi~td of
the e~unty's final pla~"
County Administrator Elmer there isn't but so much water
nature. But when they did occur,
they would be worm.
For example, compet~ pro~
tions show monlMy flow in
would be reduced to 12 percent of its
annual average six times over a 43-
ReserVOir _ . . -'
occur no moro froqtmmtly than in the ..c,.on~promiso. ~it ~ ~.~y 15 ~
Idon't~ffwe'~[~ ~a~ w~a~y~
~ d~ I~ ~ b~.
,e~,~M the wutot' it . Unde~ the carts, proposed re*
~ planned, thru reservoir was to strtctt~ma, when the remrvoir has
Mrq[~ilt in two stages. The firnt le~a than a 10Q-day supply of water,
~dth n low dam, was to yield
III00 ~ Of water n day. river to as ~ as 20 pel'~e~t of lie
~ sthge, with a high dam, annual average. At other times, flow
~of'.~ a day, enough to n~et the than 30 pereent of its annual aver-
tq~ai~te Vnliny's needs thrash the age.
which would cost an *stimat- river to as lOW as X~ ~ Of its
,_e~'~l~',om!~ w~uld yield only X0 annual avorq~ or 3o a~le fee~
sitlgl~gelinmof w~tor n day, ouat- secoud. Th~s-tb lowest nvori~
stretelt of the river.
'~,,l~ll~[ ne~l as e~l*i m a t, ed ~ 0 mi I1 to!1, droo~lts In tho river -- whoa moflth-
~ld o~y 15 m~l!l~l ~l]]on~ Of ly flow dropped to lesa thnn Z0 per-
wmum~a day. cent of tts annual average -- would
the eorlm domm*t ~mse lie t~. Pluaso ase Rooorvoir, Paoe A20