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Home My WebLink AboutCouncil Actions 05-16-11 PRICE 39116-051611 ROANOKE CITY COUNCIL REGULAR SESSION MAY 16, 2011 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1. Call to Order--RolI Call. Council Member Bestpitch was absent. The Invocation was delivered by The Reverend Thomas A. Dill, Pastor, Grandview Heights Church of the Nazarene. The Pledge of Allegiance to the Flag ofthe United States of America was led by Mayor David A. Bowers. Welcome. Mayor Bowers. NOTICE: Today's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, May 19 at 7:00 p.m., and Saturday, May 21 at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. ANNOUNCEMENTS: THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. 1 THE CITY CLERK'S OFFICE PROVIDES THE MAJORITY OF THE CITY COUNCIL AGENDA ON THE INTERNET FOR VIEWING AND RESEARCH PURPOSES. TO ACCESS AGENDA MATERIAL, GO TO THE CITY'S HOMEPAGE AT WWW.ROANOKEVA.GOV.CLlCK ON THE GOVERNMENT ICON. NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. SPECIAL ASSISTANCE IS AVAILABLE FOR DISABLED PERSONS ADDRESSING CITY COUNCIL. EFFORTS WILL BE MADE TO PROVIDE ADAPTATIONS OR ACCOMMODATIONS BASED ON INDIVIDUAL NEEDS OF QUALIFIED INDIVIDUALS WITH DISABILITIES, PROVIDED THAT REASONABLE ADVANCE NOTIFICATION HAS BEEN RECEIVED BY THE CITY CLERK'S OFFICE. PERSONS WISHING TO ADDRESS COUNCIL WILL BE REQUIRED TO CONTACT THE CITY CLERK'S OFFICE PRIOR TO THE MONDAY COUNCIL MEETING, OR REGISTER WITH THE STAFF ASSISTANT AT THE ENTRANCE TO THE COUNCIL CHAMBER PRIOR TO COMMENCEMENT OF THE COUNCIL MEETING. ONCE THE COUNCIL MEETING HAS CONVENED, THERE WILL BE NO FURTHER REGISTRATION OF SPEAKERS, EXCEPT FOR PUBLIC HEARING MATTERS. ON THE SAME AGENDA ITEM, ONE TO FOUR SPEAKERS WILL BE ALLOTTED FIVE MINUTES EACH; HOWEVER, IF THERE ARE MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE ALLOTTED THREE MINUTES. ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCIL APPOINTED AUTHORITY, BOARD, COMMISSION OR COMMITTEE MAY CONTACT THE CITY CLERK'S OFFICE AT 853-2541, OR ACCESS THE CITY'S HOMEPAGE TO OBTAIN AN APPLICATION. THE COUNCIL OF THE CITY OF ROANOKE IS SEEKING APPLICATIONS FOR THE FOLLOWING CURRENT OR UPCOMING VACANCIES: ROANOKE ARTS COMMISSION - ONE VACANCY MILL MOUNTAIN ADVISORY COMMITTEE - ONE VACANCY WESTERN VIRGINIA WATER AUTHORITY - ONE VACANCY ROANOKE PUBLIC LIBRARY BOARD - TWO VACANCIES ROANOKE NEIGHBORHOOD ADVOCATES - TWO VACANCIES 2 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: A resolution memorializing the late Robert W. Woody, a former Mayor of the City of Roanoke. Adopted Resolution No. 39116-051611 (6-0). Ceremonial resolution will be presented to the Woody family during a memorial service on May 20 at St. John's Episcopal Church. A Proclamation declaring the week of May 16 - 20, 2011 as National Drug Court Week. Council Member Ferris presented the proclamation to Mike Fosbre, Senior Probation and Parole Officer and Coordinator, 23rd Judicial Circuit Drug Court Program. 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. ALL MATTERS WILL BE REFERRED TO THE CITY MANAGER FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL, AS HE MAY DEEM APPROPRIATE. The following individuals appeared before the Council: Chris Craft, Tamea Woodward and Evelyn Bethel. 4. CONSENT AGENDA (APPROVED 6-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. Mayor Bowers requested that Item C-1, be amended to include a communication from the City Clerk recommending the concurrence of the Council a selection process to fill the upcoming vacancy on the Roanoke City School Board created by the resignation of Jason E. Bingham, effective June 30, 2011. C-1 A communication from the City Clerk advising of the resignation of Jason E. Bingham as a School Board Trustee, effective June 30,2011. RECOMMENDED ACTION: Accepted the resignation and received and filed the communication. 3 A communication from the City Clerk recommending certain actions be taken by the Council in order to fill the abovementioned vacancy on the Roanoke City School Board. The Council concurred in the recommendation. C-2 Reports of qualification of William M. Hackworth as a City representative of the Virginia Western Community College Board for a four-year term of office ending June 30, 2015; and Timothy Meadows as a member of the Towing Advisory Board for a term of office ending October 31,2013. RECOMMENDED ACTION: Received and filed. REGULAR AGENDA 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: NONE. 7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: a. CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: 1. Authorization to enter into a Memorandum of Understanding with the City of Lynchburg to provide shelter care bed space to eligible juveniles, for an additional one year term commencing July 1,2011. Adopted Ordinance No. 39117-051611 (6-0). 2. Execution of an agreement with the Roanoke Valley Convention and Visitors Bureau for the purpose of marketing the Roanoke Valley as a regional destination for convention and tourism. Adopted Resolution No. 39118-051611 (6-0). COMMENTS BY CITY MANAGER. The City Manager announced the Artistic bike rack dedication on Saturday, May 21 in Grandin Village and the Art By Bike Tour, which will lead cyclists on a ride with stops at a number of works in the City's public art collection. He also mentioned that the Eat for Education Campaign was being noted as an enormous success. 4 8. REPORTS OF COMMITTEES: a. A report of the Roanoke City School Board requesting appropriation offunds for a Virginia Incentive Program for Speech-Language Pathologists; and a report of the Director of Finance recommending that Council concur in the request. Kathleen Jackson, Grant Accountant, Spokesperson. Adopted Budget Ordinance No. 39119-051611 (6-0). 9. UNFINISHED BUSINESS: NONE. 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 11. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor and Members of City Council. Vice-Mayor Trinkle referred to a letter from the Roanoke Valley Alleghany Regional Commission regarding a forum on stormwater management at the Green Ridge Recreation Center on June 9. Council Member Ferris encouraged support of the Lebanese Festival on June 3 - 5 scheduled to be held at the St. Elias Church on Cove Road. Mayor Bowers announced the Local Colors Festival on Saturday, May 21 at 11 :00 a.m., in Elmwood Park. He also asked that the City Clerk and City Manager provide the Council with information regarding diversity in employment and volunteers serving on the Council-appointed authorities, boards, commissions and committees, as well as ADA compliance in public buildings. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. NONE. AT 2:51 P.M., THE COUNCIL MEETING WAS DECLARED IN RECESS UNTIL 7:00 P.M., IN THE CITY COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR MUNICIPAL BUILDING. 5 ROANOKE CITY COUNCIL REGULAR SESSION MAY 16, 2011 7:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order--RolI Call. Vice-Mayor Trinkle arrived late and Council Member Bestpitch was absent. The Invocation was delivered by Mayor David A. Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. Welcome. Mayor Bowers. NOTICE: Tonight's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, May 19 at 7:00 p.m., and Saturday, May 21 at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. At this point, Vice-Mayor Trinkle entered the meeting 7:02 p.m. Mayor Bowers recognized former Vice-Mayor and Council Member Wendell H. Butler. A. PRESENTATIONS AND ACKNOWLEDGEMENTS: A resolution paying tribute to the Virginia Commonwealth University Male Basketball Team. Adopted Resolution No. 39120-051611 (6-0). The Mayor presented the ceremonial resolution to Troy Daniels, sophomore and basketball player for the Virginia Commonwealth University Male Basketball Team. 6 B. PUBLIC HEARINGS: 1. Request of Marian M. Shockley AIi that property located at 431 Elm Avenue, S. W., be rezoned from RM-1, Residential Mixed Density District, to MX, Mixed Use District, for use as a residential, medical clinic, and professional office. Marian M. AIi, Spokesperson. Adopted Ordinance No. 39121-051611 (6-0). 2. Request of the City of Roanoke Planning Commission to amend Chapter 36.2, Zoning, Code of the City of Roanoke, (1979), as amended, to combine, renumber, or add in order to update certain code sections of the zoning ordinance for clarification purposes. Christopher L. Chittum, Agent, Spokesperson. Adopted Ordinance No. 39122-051611 (6-0). C. HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. ALL MATTERS WILL BE REFERRED TO THE CITY MANAGER FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL, AS HE MAY DEEM APPROPRIATE. Robert Gravely appeared before the Council. D. ADJOURNED - 7:37 P.M. 7 In/ 0/ Robert Wells Woody IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of May, 2011. No. 39116-051611. A RESOLUTION memorializing the late Robert Wells Woody, former Mayor of Roanoke, the City's first Citizen of the Year, and distinguished longtime resident of the City. WHEREAS, Mr. Woody was a 1935 graduate of Roanoke College who was awarded the Honor of the Blue Key, and went on to earn a Masters in Business Administration from Harvard Business School in 1937; WHEREAS, Mr. Woody joined the United States Navy in June 1942, in which he served as a Communications Officer and an Admiral's Aide, and where his duties supported the Normandy invasion, and Woody later earned the Bronze Star while serving in the Pacific Theatre, and was honorably discharged with the rank of Lieutenant at the end of World War II; WHEREAS, Mr. Woody was a long-standing business leader in Roanoke, first as president of Roanoke Hardware Company, and later as chairman and president of Nelson Roanoke Corporation, then president and CEO of the Vance Company, and also served as president of the Chamber of Commerce in 1980; WHEREAS, Mr. Woody was elected to City Council in 1952, serving first as Vice- Mayor for two years, and then as Mayor for two years, for a term spanning 1952 to 1956; WHEREAS, Mr. Woody gave back to his community in innumerable ways, serving on the board of Carilion Health System and Roanoke Hospital Association for nearly 40 years, including 18 years as chairman, as well as serving many years on the boards of Roanoke Gas Company, Walker Machine and Foundry, First National Exchange Bank, First Federal Savings & Loan, Roanoke College, and the Virginia Foundation for Independent Colleges; WHEREAS, Mr. Woody also gave his time to many area nonprofit organizations, including the Roanoke Historical Society, Roanoke Fine Arts Museum, and Roanoke Symphony Society, as well as leading the General Campaign for Center in the Square; WHEREAS, Mr. Woody continued his dedication to local government over the years by serving as chairman of the Roanoke City Budget Planning Commission, chairman of the Roanoke Charter Study Committee, chairman of the Roanoke Municipal Airport Commission, vice-chairman of the City's Industrial Development Authority, chair of the campaign for the Roanoke Civic Center Building Committee, and chair of the restoration project for the Mayors Monument in Elmwood Park, attending its rededication in 2009; WHEREAS, the ever-modest Mr. Woody received the Jaycees' Outstanding Civic Citizen Award in 1966, Roanoke College's Medal for Distinguished Service and Professional Achievement in 1967, Roanoke's inaugural Citizen of the Year Award in 1981, and was inducted into the Southwest Virginia Business Hall of Fame in 1996; WHEREAS, Mr. Woody was a longtime member of St. John's Episcopal Church and was active in its Vestry; WHEREAS, despite the enormous energy he gave to his business and civic interests, Mr. Woody's family was the most important part of his life, and he took great joy in his 69- year marriage to his wife, Betty, and was devoted to his children and their families, and his many wonderful nieces, nephews and cousins; and WHEREAS, Mr. Woody valued truth, duty and honor, community and country, and brought a note of gentlemanly grace to his outstanding legacy of service and leadership. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. Council adopts this resolution as a means of recording its deepest regret and sorrow at the passing of Robert Wells Woody, and extends to his family its sincerest condolences. 2. The City Clerk is directed to forward an attested copy of this resolution to Mr. Woody's widow, Betty Beasley Woody, of Roanoke, Virginia. APPROVED ATTEST: ~~~U~_ ~ -.-~ David A. Bowers Mayor ~ hi. hJ60rV Stephanie M. Moon, MMt City Clerk ~ ~ WHEREAS, Drug Courts are a proven budget solution that benefit all facets of society; WHEREAS, Drug Courts are an essential component of our justice system which save vast criminal justice resources and return individuals to their communities as productive, tax-paying citizens; WHEREAS, 'Drug Courts are the most effective tool in the criminal justice system for saving money, cutting crime and serving veterans; WHEREA$, Results of more than 100 program evaluations and at least four meta- analytic studies have yielded definitive evidence that Drug Courts significantly improve substance-abuse treatment outcomes, substantially reduce drug abuse and crime, and do so at less expense than any other justice strategy; WHEREAS, Drug Courts facilitate community-wide partnerships, bringing together public safety and public health professionals in the fight against drug abuse and criminality; WHEREAS, The Drug Court movement has grown from the 12 original Drug Courts in 1994 to over 2,500 operational Drug Courts; WHEREAS, Drug Courts demonstrate that when one person rises out of drugs and crime, we ALL RISE; WHEREAS, The time has come to put a Drug Court within reach of eve/}' eligible person in need; WHEREAS, May 16 - 20 marks National Drug Court Commencement Week, which celebrates the promise of recove/}' and restored hope to Drug Court graduates and their families; and WHEREAS, The 23rd Judicial Circuit is cognizant of the critical importance of drug treatment and was the first in the Commonwealth of Virginia to establish a Drug Court. NOW, THEREFORE, I, David A. Bowers, Mayor of the City of Roanoke, Virginia, recognizing the significant contributions Drug Courts have made toward reducing substance abuse, crime, and recidivism while saving valuable resources and positively impacting the lives of Drug Court Graduates, and do hereby proclaim May 16 - 20,2011, throughoutthis great AI/-America City, as DRUG COURT WEEK. Given under our hands and the Seal of the City of Roanoke this sixteenth day of May in the year two thousand and eleven. " ., ~~~~ David A. Bowers Mayor ATTEST: ~ (n. h/ouw Stephanie M. Moo~ City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk STEPHANIE M. MOON, MMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk June 20, 2011 Chris Craft 1501 East Gate Avenue, N. E. Roanoke, Virginia 24012 Dear Mr. Craft: At the May 16 Council meeting, you appeared before the Council and expressed concern with regard to elimination of funding for the High School After Prom Parties for William Fleming and Patrick Henry High Schools. The City Manager reported back to the Council that funding in the amount $3,000.00 ($1,500 to William Fleming and $1,500 to Patrick Henry) for the After Prom Parties was eliminated from the budget with the adoption of the FY 2009- 2010 budget, as well as that contributions to most outside agencies were reduced by 20 percent in FY 2009~201 O. Mr. Morrill added that with respect to eliminating funding for the After Prom Parties, it was done from the perspective that the PT A organizations from both schools had the option of seeking additional sponsors for the event. Sincerely, r m.yy\1)'~. Stephanie ~. Moon, MMC ~ City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov JONATHAN E. <:;RAFT Deputy City Clerk STEPHANIE M. MOON, MMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk June 20,2011 Evelyn D. Bethel 35 Patton Avenue, N. E. Roanoke, Virginia 24016 Dear Ms. Bethel: At the May 16 Council meeting, you appeared before the Council with regard to Valley Metro bus stop signs being attached to street light poles. The City Manager reported to the Council that there are locations where Valley Metro bus stop signs are attached to street light/utility poles, primarily at locations where it is not possible to place a stand-alone sign because of topography, line of sight, or other reasons. He added that Valley Metro staff will review these locations and take appropriate action as needed. Sincerely, . rn~~l)~ Stephanie M. Moon, MMC l . City Clerk # CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk STEPHANIE M. MOON, MMC City Clerk May 17, 2011 CECELIA T. WEBB Assistant Deputy City Clerk Jason E. Bingham 2515 Stanley Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Bingham: A communication from the City Clerk advising of your resignation as a Trustee of the Roanoke City School Board was before the Council of the City of Roanoke at a regular meeting, which was held on Monday, May 16,2011. On behalf of the Members of Roanoke City Council, I would like to express appreciation for your service to the City of Roanoke as a Trustee of the Roanoke City School Board, from October 3, 2005)0 June 30, 2011. Please find enclosed a Certificate of Appreciation in recognition of your service. Sincerely, ~n~ ~O~ City Clerk SMM:ctw Enclosure pc: Cindy Poulton, Clerk, Roanoke City School Board ?d ~ z -< G; ~ n 0 ~ ....... ...., ~ G;O n ZZ ...., tr1 ~~ ::r: ~ ....... f3 G;8 CI.l '"rj~> ~ d...., ~, ~ ....,CI.l ....,f30cn ~ ~~ > n O~~> rJ:J. ~ >- ::r:d ~on"'" 0 ~ m....... d Q~~ ~ ~ nZ ~ ~. C/l .......0 mo~cn ~ >-]'"0 0 wtx:lcn"'" = 0 ~C Pt'linm '"rj N~::r:t'li ~ @ ~ Otx:l Z '"rjt""l OWoO ~ ~....... ~ ::: ~ 0 '"rj ~ tJ On Nt""l...., ~ ~~ gtx:l::r: ~ VlOm ~ 0 ~ ~ o~ ~ ~n N n CZI 0 ;:l m ....... ~ '"rj ....... 2:: ...., ~ ::r: 0 e z t""l ~ CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov JONATHAN E.CRAFT Deputy City Clerk STEPHANIE M. MOON, MMC City Clerk CECELlA T. WEBB Assistant Deputy City Clerk May 16, 2011 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: This is to advise that Jason E. Bingham has tendered his resignation as a Trustee of the Roanoke City School Board, effective June 30,2011. Sincerely, ~P1.~ Stephanie M. Moon, MMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov JONATHAN E. CRAFf Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk STEPHANIEM. MOON, MMC City Clerk May 17, 2011 Dr. Robert Sandel, President Virginia Western Community College P. O. Box 14007 Roanoke, Virginia 24038-4007 DearDr. Sandel: This is to advise you that William M. Hackworth has qualified as a City representative of the Virginia Western Community College Board for a four-year term of office commencing July 1,2011 and ending June 30,"2015. Sincerely, ~M. rr;orMJ Stephanie M. Moon, MMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, WILLIAM HACKWORTH, do solemnly swear that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a City representative of the Virginia Western Community College Board for a four-year term of office, commencing July 1, 2011 and ending June 30, 2015, according to the best of my ability. So help me God. w~ ~.~ WilLIAM HACKWORTH' The foregoing oath of office was taken, sworn to, and subscribed before me by William Hackworth this ~ ~ day of ~ 2011. \ Brenda S. Hamilton, Clerk of the Circuit Court B~It~f~Lr- ,~ CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk STEPHANIE M. MOON, MMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk May17,2011 Harold Wallick, Chair Towing Advisory Board Roanoke, Virginia Dear Mr. Wallick: This is to advise you that Timothy Meadows has qualified as a member of the Towing Advisory Board for a term of office ending October 31,2013. Sincerely, ~(Y).r;or>-J Stephanie M. Moon, MMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Timothy Meadows, do solemnly affirm that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Towing Advisory Board for a term of office ending October 31, 2013, according to the best of my ability (So help me God). Subscribed and sworn to before me this ~ of ~ 4.011 . BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT BY , CLERK ~ OJG IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16 th day of May. 2011. No. 39117-051611. AN ORDINANCE authorizing the City Manager to execute a Memorandum of Understanding between the City of Lynchburg, Virginia, and the City of Roanoke, Virginia, to allow the emergency and short term group home placement of eligible juveniles who are residents ofthe City of Roanoke in residential group homes owned and operated by the City of Lynchburg, in connection with the City of Roanoke's Shelter Care Program, upon certain terms and conditions; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council ofthe City of Roanoke as follows: 1. The City Manager and the City Clerk are hereby authorized to execute and attest respectively, a Memorandum of Understanding between the City of Lynchburg, Virginia, and the City of Roanoke, Virginia, to allow the emergency and short term group home placement of eligible juveniles who are residents of the City of Roanoke in residential group homes that are owned and operated by the City of Lynchburg, in connection with the City of Roanoke's Shelter Care Program, for a term commencing July 1, 2011, and ending June 30, 2012, for an expected cost of $86,091, and as further described in the City Manager's report to this Council dated May 16,2011. 2. The City Manager is authorized to enter into successive one-year terms of this Memorandum of Understanding with the City of Lynchburg for the above referenced purposes, in accordance with the terms of the Memorandum, upon mutual agreement ofthe parties. 3. All documents necessary for this execution shall be in a form approved by the City Attorney. 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading ofthis ordinance by title is hereby dispensed with. ATTEST: City Clerk. 50) -do)D&YJ 2 CITY COUNCIL AGENDA REPORT To: Meeting: Su bject: Honorable Mayor and Members of City Council May 16, 2011 Authorization to Enter Into a Cooperative Agreement with the City of Lynchburg for Youth Shelter Care Backg rou nd: During the 2010 budget process, in response to continued declines in state funding, the decision was made to develop alternatives to residential group home services for runaways or children who cannot return home for safety reasons. This led to closing of the Sanctuary Crisis Intervention Center on June 30, 2010. One of the alternatives available to youth still in need of Shelter Care placements is the purchase of services for temporary placements in a group home setting. The closest facilities to the City of Roanoke licensed to provide emergency and short-term residential group home placement are in the City of Lynchburg. These facilities, Opportunity House and SPARC House, are owned and operated by the City of Lynchburg. On October 18, 2010 City Council adopted an Ordinance authorizing the City Manager to enter into a Memorandum of Understanding with the City of Lynchburg to provide Shelter Care bed space to eligible juveniles. The term of that Memorandum of Understanding expires on June 30, 2011. The need for Shelter Care Services continues and this service is included in the FY 2012 Virginia Juvenile Community Crime Control Act (VJCCCA) Local Plan. Considerations: The City of Roanoke's Department of Human Services, Juvenile Services Division desires to place eligible juveniles residing in the City of Roanoke in the above r,eferenced residential group homes owned by the City of Lynchburg. A Memorandum of Understanding ("MOU") has been developed between the City of Roanoke and the City of Lynchburg for the purposes of providing Shelter Care bed space to juveniles in need of this service for an additional one year term commencing July 1, 2011 and ending June 30, 2012. The MOU allows the term to be extended additional terms of one year each upon the mutual agreement of the parties. The expected cost to the City for this service is $86,091. Funding for such placement of juveniles by the City of Roanoke in Lynchburg is available in the Youth Haven budget (01-630-3350-2010) through the City's participation in the Virginia Juvenile Community Crime Control Act (VJCCCA). ' As this proposed MOU is between two localities, the MOU will need to be authorized by City Council pu rsuant to Section 1 5.2-1300 of the Code of Virginia (1950) as amended. Recommended Action: Adopt an ordinance authorizing the City Manager to enter into a Memorandum of Understanding, substantially similar in form to the MOU attached to this letter, with the City of Lynchburg, pursuant to Section 15.2-1300 of the Code of Virginia (1950) as amended, for the purpose of providing Shelter Care bed space to eligible juveniles, and authorizing the City Manager to execute any related docu ments requ ired to effect the pu rposes of the MOU, such docu ments to be approved as to form by the City Attorney. Further authorize the City Manager to renew this agreement for successive terms upon the mutual agreement of the parties, in subsequent years that Shelter Care Bed Space is to be a pu rchased service. atM----- CHRISTOPRER P. MORRILL City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Jane R. Conlin, Director of Human/Social Services Rodney C. Hubbard, 23-A CSU Director James M. O'Hare, Youth Care Administrator 2 RESIDENTIAL PLACEMENT MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ROANOKE AND THE CITY OF LYNCHBURG THIS RESIDENTIAL PLACEMENT MEMORANDUM OF UNDERSTANDING ("Agreement") made and entered ,2011, by and between the City of Lynchburg, a Municipal Corporation ofthe Commonwealth of Virginia (the "Service Provider") and the City of Roanoke, a Municipal Corporation ofthe Commonwealth of Virginia (the "Buyer"). WITNESSETH: WHEREAS, the City of Lynchburg has established certain youth shelter care facilities as an alternative placement for youth who are in need of a short term, small group residential placement and who are unable to adjust to other community based programs; WHEREAS, the Buyer wishes to make the services of Lynchburg's available to certain juveniles from Roanoke and wishes to purchase shelter/crisis intervention, residential services from the Service Provider; WHEREAS, the Service Provider wishes to enter into a contractual agreement with the Buyer to make its youth shelter care facilities available to eligible youth from Roanoke and to provide such services to the Buyer; NOW, THEREFORE, the parties, hereto, for and in consideration of the mutual covenants and promised herein contained do agree as follows. 1. SCOPE OF SERVICES OF SERVICE PROVIDER a. The Service Provider shall provide shelter/crisis intervention residential services to City of Roanoke youth that are referred by the 23-AJudicia1 Court Services Unit for the City of Roanoke, Virginia. b. The Service Provider shall provide case management services to referred youth. c. The Service Provider shall provide room and board, meals, recreational activities, access to educational opportunities, and access to medical facilities (as needed). d. The Service Provider shall provide transportation for referred youth to and from Roanoke. e. The Service Provider shall provide necessary reports and documentation as pertains to referred youth. f The Service Provider shall provide for advisement hearings for youth referred through the 23-A a Judicial District through video arraignment located at the Lynchburg Regional Juvenile Detention Center. g. The Service Provider shall allow for and cooperate in visits by a juvenile's parent, relatives and other appropriate individuals in accordance with the Service Provider's policies. h. The Service Provider shall work cooperatively with the Buyer to plan for and facilitate the discharge of a juvenile when the Service Provider and the Buyer jointly determine that a juvenile has derived the maximum benefit from the placement. 1. The Service provider shall confer with the Buyer on a regular and as- needed basis concerning each juvenile's development, activities, needs and progress. J. The Service Provider shall provide all services that comply with the state standards as outlined by the Interdepartmental Standards and Regulations for Residential Services. II. RESPONSIBILITES OF BUYER a. The Buyer shall pay the stated per diem of$149.00 for shelter/crisis intervention services. This charge includes room and board, meals, case management, and access to recreational opportunities. The Service Provider will invoice the Buyer on a monthly basis for charges and the Buyer will pay the Service Provider within 30 days ofthe receipt of an invoice. b. The Buyer shall pay $15 per day for transportation costs. c. The Buyer shall pay the cost of educational services. Each child that is referred to Lynchburg's shelter care facilities will bring as part of their documentation an education packet that has been put together by the child's base school. d. The Buyer shall provide the Service Provider with the necessary permission to authorize any necessary medical and dental care and treatment including emergency medical and surgical treatment or hospitalization and shall reimburse the Service Provider for any medical costs incurred by the Service Provider for any juvenile that is placed in Lynchburg's youth shelter care facilities. The Service provider shall have the authority to act immediately in any medical or dental emergency to obtain the necessary care and treatment for a juvenile that needs such care and treatment. The Service Provider shall promptly notify the Buyer of any emergency care and treatment that is provided to a juvenile and of the need for any follow-up care or treatment. 2 e. The Buyer shall provide all necessary documentation--i.e. court orders; service/treatment plans; copies of education, psychological, medical/dental records; etc. that the Service Provider needs to properly plan and care for any juvenile admitted to Lynchburg's youth shelter care facilities. f. Cooperate with the Service Provider in scheduling visits by parents, relatives and other appropriate individuals and in providing such essentials a clothing, etc. g. During the term ofthis agreement the Service Provider shall obtain and maintain comprehensive genera11iability insurance coverage in the minimum amount of one millions dollars per occurrence against general public liability for injuries to or death of persons or damage to property. Such insurance policy shall also name the Service Provider, its officers and employees, and Buyer as insured parties. The insurance required herein shall be primary and any insurance or se1f- insurance maintained by the Service Provider shall be secondary and apply only in excess of and shall not contribute with the insurance obtained by the Buyer. The Service Provider shall deliver to the Buyer a copy of said insurance policy or certificate showing the same to be in full force and effect. Such insurance policy or certificate shall contain provisions providing the Service Provider shall be given 30 days notice prior to any cancellation or reduction in the required Insurance coverage. Buyer agrees to reimburse Service Provider, or pay the Service Provider's insurance provider directly, the costs of the insurance policy Service Provider incurs to obtain and maintain the insurance policy required by this Section. III. PAYMENT OF SERVICES Payment for services will be specified in Attachment A. Invoices will be submitted to the Buyer by Service Provider outlining dates of services, types of services and other charges incurred by Buyer pursuant to the terms of this Agreement. Payment will be made from the Virginia Juvenile Community Crime Control Act (VJCCCA) funds that have been allocated to the City of Roanoke by the Commonwealth of Virginia. IV. TERM & TERMINATION a. The initial period ofthis contract shall be from July 1, 2011 through June 30, 2012. This contract may be extended in increments of one year each, upon mutual agreement ofthe parties, provided that the party requesting such renewal sends such request in writing to the other party, and the other that party accepts the extension term in writing within thirty (30) days before the expiration of the initial term ofthe contract or any extension term. b. Either party may terminate this agreement by written notice directed to the 3 attention of the persons executing this agreement, mailed by certified mail, return receipt requested, 30 days in advance of the date of termination. c. The failure of either party to this agreement to substantially comply with its responsibilities under this agreement or any actions which shall constitute a treat to the physical or mental health, safety or well-being of a juvenile may be considered grounds for breach or default and permit the immediate termination thereof by either party. V. GENERAL CONDITIONS a. The Service Provider agrees to provide all services in compliance with the Commonwealth of Virginia Standards ofInterdepartmenta1 Regulation of Children's Residential Facilities. A copy of the standards are located at www.dbhds.virginia.gov (click licensing, then children's residential services and then Interdepartmental Regulations for Children's Residential Facilities), which are incorporated into this Agreement. b. Juveniles from Roanoke who receive services pursuant to this agreement shall be subject to the same rules, regulations and policies that apply to the other juvenile residents of Lynchburg's youth shelter care facilities. c. The Service Provider agrees not to share any confidential information related to a juvenile with other agencies or individuals without authorization from the Buyer, except in cases of emergency in which no notice is required. d. In the event of an unauthorized absence of a juvenile, the Service Provider will promptly notifY the Buyer, the legal guardian and the local police consistent with the Service Provider's policies. e. This agreement shall not affect the legal custody of a juvenile, which shall remain with the current legal guardian unless changed by proper legal proceeding. f Juveniles who are placed in a youth shelter care facility and who are entitled to an appropriate public education pursuant to the provisions of Title 22.2 of the Code of Virginia will receive an appropriate education to the extent an appropriate education is available from the Lynchburg Public Schools. In no event shall the Service Provider or the Lynchburg Public Schools be responsible for tuition reimbursement to parents or guardians pursuant to the provisions of Title 22.1 of the Code of Virginia. Any juvenile whose education needs cannot be provided by the Lynchburg Public Schools shall be referred to the Roanoke School System for further action. In the event a juvenile that is placed in a youth shelter care facility is suspended or expelled from the Lynchburg City Schools neither the Service Provider nor the Lynchburg Public Schools shall be required to provide any type of alternative education program for such juvenile. 4 g. This agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. VI. NOTICE Unless otherwise specified, all notices, consents and approvals required or authorized by this Agreement to be given by or on behalf of either party to the other, shall be in writing and signed by a duly designated representative of the party by or on whose behalf they are given and shall be deemed given three days after the time a certified letter properly addressed, postage prepaid, is deposited in any United States Post Office or upon hand delivery. Notice to the City of Roanoke shall be addressed to the: City of Roanoke Attention: Jim O'Hare, Youth Care Administrator 9 Church A venue, SE Roanoke, VA 24011 or at such other address as the Buyer may hereinafter designate by notice to the Service Provider in writing. Notice to the City of Lynchburg shall be addressed to the: City of Lynchburg Attention: Tamara T. Rosser, Director, Department of Juvenile Services P.O. Box 6798 Lynchburg, VA 24505 or at such other address as the Service Provide may hereinafter designate by notice to the Buyer in writing. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and common seal this day of , 2011. CITY OF LYNCHBURG 5 By: L. Kimball Payne, City Manager Attest: By: CITY OF ROANOKE By: Christopher P. Morrill Attest: By: Approved as to Form: Assistant City Attorney City of Roanoke 6 ATTACHMENT A The Department of Juvenile Services - City of Lynchburg Shelter/Crisis Intervention Rates 2011-2012 . Room and Board $149.00 Daily o Includes sight and sound supervision, groups, individual and family counseling . Transportation $ 15.00 Daily o Includes court appointments, school arrangements, doctor appointments Bills will be sent on the 10th ofthe month following the month of service. Payment will be due within 30 days of billing date. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of May, 2011. No. 39118-051611. A RESOLUTION authorizing an Agreement with the Roanoke Valley Convention and Visitors Bureau for the purpose of increasing tourism in the Roanoke Valley; and authorizing the City Manager to take such actions and execute such documents as necessary to implement, administer, and enforce such Agreement. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized to execute an Agreement dated July 1, 2011, with the Roanoke Valley Convention and Visitors Bureau for a term of one year, from July 1, 2011, through June 30, 2012, unless sooner terminated in accordance with the provisions of the Agreement, for the purpose of increasing tourism and marketing the Roanoke Valley as a regional destination for convention, conference, leisure and business travel, all as more fully set forth in the City Manager's report dated May 16,2011, to this Council. 2. The contract amount authorized by this resolution shall not exceed $721,152 without further Council authorization. 3. Such Agreement shall be in such form as is approved by the City Attorney, and shall be substantially similar to the one attached to the above mentioned City Manager's report. 4. The City Manager is further authorized to take such actions and execute such documents as necessary to implement, administer, and enforce such Agreement. ATTEST: City Clerk. on> YfDo-N R-RVCVB-2011-2012,doc CITY COUNCIL AGENDA REPORT To: Meeting: Su bject: Honorable Mayor and Members of City Council May 16, 2011 ) FY 2011-2012 Roanoke Valley Convention and Visitors Bureau Agreement Background: At the outset of each fiscal year, the City of Roanoke enters into an agreement with the Roanoke Valley Convention and Visitors Bu reau (RVCVB) to provide funding for marketing the Roanoke Valley as a convention and destination tou rism site. As part of the fiscal year 2012 annual budget adopted by City Council on May 9, 2011, funding in the amount of $385,152 is specifically designated for RVCVB. An additional $336,000 is designated in the annual budget for marketing efforts, for a total of $ 721 ,1 52. The City has developed a one-year agreement commencing July 1, 2011, (attached) with the RVCVB detailing the use of these funds. This agreement includes two (2) proposed changes from the previous fiscal year contract relating to subcontracting and composition of the RVCVB board of directors. The first change relates to Subsection 5 of the agreement, "Su bcontracting", and removes the section which requires RVCVB to secure written authorization of the City Manager when contemplating and executing subcontracts in the amount of $25,000 or more and were not included in the RVCVB annual plan and budget. ' The second change relates to Subsection 8 of the agreement, "Board of Directors". Such change provides for the following: (1) An increase in the number of Council-appointed City representatives on the RVCVB Board of Directors from two (2) during FY 2010/2011 to four (4) during FY 2011/2012; and (2) removal of certain City positions, such as Director of Parks and Recreation and Civic Facilities General Manager, as designated board members. The City Manager or his designee and the four (4) other City representatives would serve on the RVCVB Board of Directors, and members of City staff would serve on special committees and task forces as appointedby the Board. The above appointments to the Board are for the one year term of the Agreement. Considerations: An annual budget and work plan for 2011-2012, approved by the RVCVB Board of Directors, will be submitted to the City Manager no later than July 31, 2011, for review and approval. Recommended Action: Authorize the City Manager to execute' an Agreement, dated July 1, 2011, in the amount of $721 ,1 52 with the RVCVB, in a form approved by the City Attorney, substantially similar to the one attached hereto, for the express purpose of marketing the Roanoke Valley as a regional destination for convention and destination tourism. Authorize the City Manager to take such actions and execute such documents as necessary to implement, administer, and enforce such Agreement. RISTOPHER P. MORRILL City Manager Distribution: Council Appointed Officers Landon Howard, Executive Director, RVCVB Susan Short, Chairman of the Board, RVCVB 2 AGREEMENT THIS AGREEMENT, dated July 1, 2011, is by and between the ROANOKE VALLEY CONVENTION AND VISITORS BUREAU, a corporation organized under the laws of the Commonwealth of Virginia (hereinafter "RVCVB") and the CITY OF ROANOKE, a municipal corporation of the Commonwealth of Virginia (hereinafter "City"). WHEREAS, the RVCVB IS a "REGIONAL DESTINATION MARKETING ORGANIZATION" whose mission is to market the entire Roanoke Valley as an exciting destination for Convention and Leisure travel; WHEREAS, the City is the largest contributor and with its concentration ofhotels, conference centers, convention facilities, shopping, dining and attractions, realizes enhancement of its tax revenues as a result ofthe RVCVB marketing efforts; WHEREAS, the City desires to render aid and provide support to the RVCVB to assist in the promotion of the Roanoke Valley as a destination or meeting site for visitors, including tourists, , conventions and meeting groups, special event visitors and commercial travelers; WHEREAS, the City desires to appropriate $721,152 to the RVCVB for the express purpose of increasing tourism activities; WHEREAS, the City desires to formalize its relationship with RVCVB in an effort to increase the revenue enhancement derived from tourism activity; and WHEREAS, the City desires to assure that its appropriation of funds be used for these purposes. THEREFORE, in consideration of the mutual promises hereinafter set forth, the parties do hereby agree as follows: 1 1. Term. The term of this Agreement shall be for a one-year period, from July 1, 2011, through June 30, 2012. 2. Services. Funds made available to RVCVB by the City will be applied to provide additional services resulting directly or indirectly in income producing activities, including but not limited to: (a) Direct sales programs. (b) Sales promotions. (c) Servicing conventions. (d) Marketing/communications. (e) IdentifY product need (new and improved facility and attractions). (f) Coordination with other City and Civic agencies and businesses involved in the growth of the Roanoke Valley. (g) Staff and run a Visitors' Center. (h) Promote and sell the Roanoke Valley as a convention and tourist destination. 3. Work Program/Budget. No later than July 31,2011, the RVCVB shall submit to the City Manager for approval a work program, marketing plan and budget setting forth in reasonable detail the activities planned for the year and the anticipated expenditures of City funds involved. The marketing plan shall be in sufficient detail as to determine the strategy RVCVB will be pursuing in promoting and selling the Roanoke Valley as a destination for group meetings, i.e. conferences and conventions as well as tourists. Such items shall detail how the funds will be expended on specific marketing initiatives. The City Manager shall approve or otherwise respond to the proposed work programs, marketing plan and budget no later than August 25, 2011 in order that any necessary modifications be settled upon on or before August 31,2011. Monthly reports outlining progress on convention sales, tourism activities and groups booked, bus tour. activity, bookings and 'other information as deemed to be necessary by the City shall be submitted by the RVCVB to the City Manager. The lack of any written response by the City Manager requesting redirection of efforts within ten (10) days ofreceipt of each monthly report will denote satisfaction with RVCVB efforts. 2 4. Funding. The City agrees to provide funding to RVCVB in the amount of Seven Hundred Twenty-One Thousand One Hundred Fifty-Two Dollars ($721,152). The total amount shall be paid quarterly in equal payments of $180,288 on or before the last day of July 2011, September 2011, December 2011, and March 2012. 5. Subcontracting. It is understood that RVCVB may from time to time contract with firms and individuals for the acquisition of goods or services in the furtherance of the activities contemplated by this Agreement. 6. Books and Records, Audits. RVCVB shall keep accurate books and records. Both monthly P &L and Income Statements as well as an audited financial statement shall bemade available to the City upon request. Additionally, RVCVB shall make such books and records available to the Municipal Auditor ofthe City or other independent auditor selected by the City during its regular office hours. 3 or its officers, agents, or employees, and for expenses the City may incur in this regard, arising out of the RVCVB's negligent acts or omissions in connection with or arising out ofthis Agreement. 10. Insurance. RVCVB shall obtain and maintain during the life of this Agreement a policy or policies of commercial genera11iability insurance with an insurance company or companies licensed to do business in Virginia, which policy or policies shall provide coverage with respect to claims arising out ofthe subject matter ofthis Agreement. The amount of such insurance shall not be less than $1,000,000. RVCVB shall also obtain and maintain during the life of this Agreement Directors and Officers Liability insurance in the amount of $1,000,000 per occurrence providing coverage, including defense costs, with respect to claims arising out of the subject matter of this Agreement. All such policies shall be occurrence policies and shall name the City of Roanoke, its officers, agents, employees and representatives as additional insureds under the commercial general liability policy and, if possible, under the Directors and Officers Liability policy. RVCVB shall provide the City with certificates ofinsurarrce for each of the above policies and each certificate shall contain substantially the following statement: "The insurance coverage provided by this certificate shall not be canceled or materially altered except after thirty (30) days written notice has been provided to the City of Roanoke." 11. Assignment. Neither the City nor RVCVB may assign its rights or obligations hereunder without the prior written consent of the other. 12. Notices. Any notices required by the terms ofthis Agreement shall be deemed to have been given when delivered in person to or deposited in the U.S. mail, via first class postage, addressed: (a) If to the City: City Manager City of Roanoke Noel C. Taylor Municipal Building, Room 364 4 215 Church Avenue, S. W. Roanoke, Virginia 24011 (b) Ifto,the RVCVB: Executive Director Roanoke Valley Convention and Visitors Bureau 101 Shenandoah Avenue Roanoke, VA 24016 or at such other address as each party may designate for itself by giving at least five (5) days prior written notice to the other party. 13. Nondiscrimination. A. During the performance of this Agreement, the RVCVB agrees as follows: 1. RVCVB will not discriminate against any subcontractor, employee or applicant for employment because ofrace, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of RVCVB. RVCVB agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions ofthis nondiscrimination clause. 2. RVCVB, in all solicitations or advertisements for employees placed by or on behalf of RVCVB will state that RVCVB is an equal employment opportunity employer. 3. Notices, advertisements and solicitations placed in accordance with federa11aw, rule or regulation shall be deemed sufficient for the purpose ofmeeting the requirements of this section. B. RVCVB will include the provisions ofthe foregoing subparagraphs (A)(1), (2) and (3), in every subcontract or purchase order of over ten thousand dollars ($10,000.00), so that the provisions will be binding upon each subcontractor or vendor. 5 14. Drug Free Workplace. (A) During the performance ofthis Agreement, the RVCVB agrees to (i) provide a drug free workplace for the RVCVB's employees; (ii) post in conspicuous places, available to employees a11d applicants for employment, a statement notifYing employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the RVCVB's workplace and specifYing the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements advertisements for employees placed by or on behalf ofRVCVB that RVCVB maintains a drug free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor. (B) For the purpose of this section, "drug-free workplace" means a site for the performance of work done in connection with a specific contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the Agreement. 15. Faith Based Organizations. Pursuant to Virginia Code Section 2.2 - 4343.1. be advised that the City of Roanoke does not discriminate against faith-based organizations. 16. Termination. The City may terminate this Agreement at any time ifRVCVB applies funds paid to RVCVB by the City for any purpose other than the purposes contemplated by this Agreement, provided that reasonable notice and opportunity to cure shall first be afforded, or if RVCVB fails to perform any of the other obligations under this Agreement or as otherwise allowed by law. Upon termination of this Agreement, the number of City representatives on the Board of Directors ofRVCVB shall be reduced to two (2). In such event, the City Manager shall designate the 6 City's representatives to remain on the Board or in the event the City Manager does not so designate within 14 days 0 f termination 0 f the Agreement, the President 0 fR V CVB shall make the designation. 17. Duplicate Originals. This Agreement may be executed in duplicate, each of which shall be deemed to be an original and all of which will be deemed to represent one and the same Agreement. 18. Nonwaiver. RVCVB agrees that the City's waiver or failure to enforce or require performance 0 f any term or condition 0 f this Agreement or the City's waiver 0 f any particular breach ofthis Agreement by RVCVB extends to that instance only. Such waiver or failure is not and shall not be a waiver of any of the terms or conditions ofthis Agreement or a waiver of any other breaches ofthe Agreement by RVCVB and does not bar the City from requiring RVCVB to comply with all the terms and conditions of the Agreement-and does not bar the City from asserting any and all rights and/or remedies it has or might have against RVCVB under this Agreement or by law. 19. Cooperation. Each party agrees to cooperate with the other in executing any documents necessary to carry out the intent and purpose ofthis Agreement. 20. Compliance with Laws. Regulations. and Immigration Law. RVCVB agrees to and shall comply with all applicable federal, state, and 10ca11aws, ordinances, and regulations, including all applicable licensing requirements. RVCVB further agrees that RVCVB does not, and shall not during the performance ofthis RVCVB, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986. 21. ,Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements between the parties. No amendment to this Agreement will be valid unless made in writing and signed by the appropriate parties. 7 IN WITNESS WHEREOF, the City and the RVCVB have caused this Agreement to be signed by their respective authorized representatives. ATTEST: CITY OF ROANOKE Stephanie M. Moon, City Clerk By Christopher P. Morrill, City Manager ATTEST: ROANOKE VALLEY CONVENTION AND VISITORS BUREAU By: Printed Name and Title Printed Name and Title Approved as to form: Appropriation & Funds required for this Agreement certified: City Attorney Director of Finance Approved as to execution Account No. Date: City Attorney Authorized by Resolution No. 8 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk STEPHANIE M. MOON, MMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk May 17, 2011 CindyH. Poulton, Clerk Roanoke City School Board Roanoke, Virginia Dear Ms. Poulton: I am enclosing copy of Budget Ordinance No. 39119-051611 to appropriate funding from the Federal government and local match for various educational programs, amending and reordaining certain sections of the 2010-2011 School Grant Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 16, 2011, and is in full force and effect upon its passage. Sincerely, ~'nt-:;OlMJ Stephanie M. Moon, MMC City Clerk Enclosure pc: Christopher P. Morrill, City Manager William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Amelia Merchant, Director, Management and Budget ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of May, 2011. No. 39119-051611. AN ORDINANCE to appropriate funding from the Federal government and local match for various educational programs, amending and reordaining certain sections of the 2010-2011 School Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2010-2011 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Speech-Language Pathologist Incentive Pay 302-234-0000-0050-164E-62240-41129-2-01 Social Security 302-234-0000-0050-164E-62240-42201-2-0 1 Speech-Language Pathologist Incentive Pay302-234-0000-0370-164E-62240-41129-2-01 Social Security 302-234-0000-0370-164E-62240-42201-2-01 Speech-Language Pathologist Incentive Pay 302-234-0000-0220-164E-62240-41129-2-01 Social Security 302-234-0000-0220-164E-62240-42201-2-01 Speech-Language Pathologist Incentive Pay 302-234-0000-0350-164E-62240-41129-9-01 Social Security 302-234-0000-0350-164E-62240-42201-9-01 Speech-Language Pathologist Incentive Pay 302-234-0000-0210-164E-62240-41129-9-01 Social Security 302-234-0000-0210-164E-62240-42201-9-01 Speech-Language Pathologist Incentive Pay 302-234-0000-0230-164E-62240-41129-9-0 1 Social Security 302-234-0000-0230-164E-62240-42201-9-01 Speech-Language Pathologist Incentive Pa 302-234-0000-0150-164E-62240-41129-9-01 Social Security 302-234-0000-0150-164E-62240-42201-9-01 Speech-Language Pathologist Incentive Pay 302-234-0000-0390-164E-62240-41129-9-01 Social Security 302-234-0000-0390-164E-62240-42201-9-01 Speech-Language Pathologist Incentive Pay 302-234-0000-0400-164E-62240-41129-3-01 Social Security 302-234-0000-0400-164E-62240-42201-3-01 Revenues Federal Grant Receipts $1,673 127 1,115 85 2,788 212 2,788 212 558 42 278 22 558 42 976 74 418 32 $12,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~ nt.OYlo~ City Clerk I May 16, 2011 The Honorable David Bowers, Mayor and Members of Roanoke City Council Roanoke, VA24011 Dear Members of Council: As a result of official School Board action on May 10, 2011, the Board respectfully requests City Council approve the following appropriation: New Appropriation , Total New Award Virginia Incentive Program for Speech-Language Pathologists 2010-11 S 12,000 The School Board thanks you for your approval of the appropriation request as,submitted. Sincerely, ~41,P~ Cindy H. toulton, Clerk pc: William M. Hackworth Chris Morrill Ann Shawver David B. Carson Rita D. Bishop Curt Baker Margaret Lindsey Acquenatta Harris (w / deta ils) p: 540-853-2381 f: 540-853-2951 P.O. Box 13145 Roanoke, VA 24031 www.rcps.info E~ ~'LI ROANOKE CITY PUBLIC SCHOOLS Strong Students. Stnmg Schools. Strong City. School Board David B. Carson Chairman Jason E. Bingham Vice Chairman Mae G. Huff Annette Lewis Suzanne P. Moore Todd A. Putney Lori E. Vaught Dr. Rita D. Bishop Superintendent Cindy H. Poulton Clerk of the Board CITY COUNCIL AGENDA REPORT To: Meeting: Su bject: Honorable Mayor and Members of City Council May 1 6, 201 1 School Board Appropriation Requests Background: As the result of official School Board action at its May 10th meeting, the Board respectfully requested that City Council appropriate funding for the Virginia Incentive Program for Speech-Language Pathologists. Thi5 grant will use federal funds of $12,000 to provide incentive payments in an effort to increase the pool, of qualified speech-language pathologists working in Virginia public schools. To be eligible, speech-language pathologists must hold a masters degree in speech- language pathology, hold a current five-year renewable license with an endorsement as a speech-language pathologist by the Virginia Board of Education and be newly employed as a speech- language pathologist with a Virginia public school division. Four speech-language pathologists employed by Roanoke City Public Schools qualify for the incentive program. This is a new program that will be fully reimbursed by federal funds and will end August 1, 2011. Recommended Action: We recommend that you concur with this report of the School Board and adopt the attached budget ordinance to es~ablish a revenue estimate and to appropriate funding. ~' ~~ ANN H. SHAWVER Director of Finance Distribution: Council Appointed Officers Rita D. Bishop, Superintendent, RCPS Curtis Baker, Deputy Superintendent for Operations, RCPS c// ~olLmon IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of May, 2011. No. 39120-051611. A RESOLUTION paying tribute to William Fleming High School graduate Troy Daniels and the Virginia Commonwealth University Rams men's basketball team on the occasion of reaching the Final Four in the 2011 NCAA championships. WHEREAS, Troy Daniels attended William Fleming High School and played basketball for the Colonels and Coach Mickey Hardy from 2006 to 2009; WHEREAS, Troy played in three' straight Virginia High School League AAA State Tournaments, was instrumental in leading the Colonels to victory in the 2007 title game by scoring a team-high 22 points, and also helped Fleming reach the 2009 final, averaging 16.3 points that season and making the All-Group AAAfirst team; WHEREAS, during his senior season Troy earned Virginia High School Coaches' Association AAA First-Team All-State honors for the Colonels, was named Northwest Region Player of the Year and Roanoke Times Player of the Year, was rated a three-star prospect by Rivals.com, and 35th-best shooting guard in the country by Scout. com; WHEREAS, in May 2009 Troy committed to play basketball at Virginia Commonwealth University because he wanted to play for recently hired head coach ,Shaka Smart; WHEREAS, the sophomore suffered a broken foot in the first start of his college career on January 29, 2011, against UNC Wilmington, but recovered and played in the final moments of VCU's 59-46 NCAA opening-round win against Southern Cal of the Pac 10 Conference; WHEREAS, the 11th-seeded Rams, who some were skeptical about being in the tournament, would go on to beat .many of the elite teams and conferences and in the country, posting a 74-56 win over 6th-seed Georgetown (Big East), a whopping 94-76 win over 3rd-seed Purdue (Big 10), and a 72-71 win over 10th-seed Florida State (Atlantic Coast Conference); WHEREAS, Troy saw court time in the Georgetown, Purdue, and Florida State games, including scoring a three-pointer against the Boilermakers; WHEREAS, VCU stunned sports fans with an improbable 71-61 win over the Southwest Region Number 1 seed Kansas Jayhawks (Big 12) to make it to the Final Four; WHEREAS, the Rams led the 8th-seeded Butler Bulldogs for much of the first half of their Final Four tilt on April 2, and re-took the lead several times in the second half before succumbing by a score of 70-62 to the team that was championship runner- up in both 2011 and 2010; WHEREAS,' even in defeat, VCU earned an enthusiastic ovation from the audience at Houston's Reliant Stadium, and the Rams' storybook run united the City of Richmond, and fans across the Commonwealth, with a sense of shared excitement and pride in the team's success; and ~ WHEREAS, reaching the Final Four marks the achievement of one of Troy's lifelong dreams, and lights a path for future success for an already accomplished student athlete. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. Council adopts this Resolution as a means of recognizing and commending Troy Daniels and the VCU Rams for their outstanding achievement in reaching this year's Final Four. 2. The City Clerk is directed to forward an attested copy of this Resolution to Troy Daniels, and to Coach Shaka Smart of Virginia Commonwealth University. APPROVED ATTEST: fttt!:::::: !::; ~ow City Clerk ~.-...-. ~~.- David A. Bowers Mayor ~ CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk STEPHANIE M. MOON, MMC City Clerk May 17, 2011 CECELIA T. WEBB Assistant Deputy City Clerk Marian M. Shockley-AIi 1571 Cannady School Road Floyd, Virginia 24091 Dear Ms. Shockley-AIi: I am enclosing copy of Ordinance No. 39121-051611 rezoning property located at 431 '; Elm Avenue, S. W., Official Tax No.1 020115, RM-1, Residential Mixed Density District, to MX, Mixed Use District, subject to certain conditions as set forth in the Zoning Amendment Application dated March 3, 2011. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 16, 2011; and is in full force and effect upon its passage. Sincerely, ~ Y'r), 11\o~ Stephanie M. Moon, MMC l City Clerk Enclosure pc: Piedmont Property, LLC, 540 Ellett Road, Christiansburg, Virginia 24073 Day Avenue Limited Partnership, P. O. Box 6359, Roanoke, Virginia 24017 Melinda Warden and Nicholas F. Barber, 430 Day Avenue, S.W., Roanoke, Virginia 24016 C M By Design, Incorporated, c/o Jeff Straught, 10 Church Avenue, S.E., Roanoke, Virginia 24011 . Robert and Alyce Szathmary, 145 Campbell Avenue, S.W., Roanoke, VA 24011 William Kent Martin, 436 Elm Avenue, S.W., Roanoke, Virginia 24016 Nancy G. Dearing, P. O. Box 8224, Roanoke, Virginia 24014 Dinah Ferrance, President, Old Southwest, Inc., 402 Day Avenue, S.W., Roanoke, Virginia 24016 Marian M. Shockley-Ali Page 2 pc: Jim Haynes, 526 Marshall Avenue, S.W., Roanoke, Virginia 24016 Tim Taylor, 115 Mountain Avenue, S.W., Roanoke, Virginia 24016 Jeff Campbell, 424 Highland Avenue, S.W., Roanoke, Virginia 24016 Christopher P. Morrill, City Manager William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance ~ t;; ~~ ..,-,;"-.",. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of May, 2011. No. 39121~051611. AN ORDINANCE to amends 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to rezone certain property within the City, and dispensing with the second reading of this ordinance by title. WHEREAS, Marian M. Shockley Ali, has made application to the Council of the City of ROanoke, Virginia ("City Council"), to have the property located at 43,1 Elm Avenue, S.W., bearing Official Tax No. 1020115, rezoned from RM..:.1, Residential Mixed Density District, to M.X, Mixed Use District; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by S36.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on May 16, 2011, after due and timely notice thereof as required by 936.2-540, 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 application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the rezoning of O-Marian Shockley-rezone.doc 1 the subject property, and for those reasons, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council ofthe City of Roanoke that: 1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that Official Tax Map No. 1020115, located at 431 Elm Avenue, S.W., be and is hereby rezoned from RM-l, Residential Mixed Density District, to MX, Mixed Use District, as set forth in the Zoning Amendment Application dated March 3, 2011. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereb~ dispensed with. ATTEST: ~n,.'nnOlh0 , City Clerk. - ) O-Marian Shockley-rezolle.doc 2 To: Meeting: Subject: CITY COUNCIL AGENDA REPORT Honorable Mayor and Members of City Council May 16, 2011 Request from Marian M. Shockley AIi, that property located at 431 Elm Avenue, S.W. bearing Official Tax NO.1 020115, be rezoned from RM-1 , Residential Mixed Density District to MX, Mixed Use District, for such residential, office, service, institutional, and community uses as are permitted in the MX, Mixed Use District. The proposed general usage of the property is residential, medical clinic, and professional office. The comprehensive plan designates the property for village center use. Planning Commission Public Hearing and Recommendation Planning Commission public hearing was held on Thursday, April 21, 2011. By a vote of 6-0 (Mr. Williams absent), the Commission recommended approval of the rezoning request, finding the application to rezone the subject property to be consistent with the Zoning Ordinance, Vision 2001-2020, and the Old Southwest Neighborhood Plan. Rezoning the subject property will allow an established business to continue and allow additional office space with minimal impact on the surrounding neighborhood. Application Information Request: Rezoning Owner: Marian M. AIi City Staff Person: Maribeth B. Mills Site Address/Location: 431 Elm Avenue, SW Official Tax Nos.: 1020115 Site Area: 0.1795 acres Existing Zoning: RM-1, Residential Mixed Density District and H-2, Historic Neighborhood Overlay District Proposed Zoning: MX, Mixed Use District and H-2, Historic Neighborhood Overlay District Existing Land Use: Medical clinic and residence Proposed land Use: Medical clinic, residence, and - - - general/professional office Neighborhood Plan: Old Southwest Neighborhood Plan . Specified Futu re land Village Center Use: Filing Date: Original Application: March 3, 2011 Background The subject property has consistently been used for medical and professional offices since the 1970s. The current owner has used the property as a live-work unit since 2000, consisting of one dwelling unit and a massage therapy business (medical clinic). During the comprehensive rezoning in December of 2005, the business became a permitted nonconforming use when the property went from C-2, Commercial-General District, to RM-1 , Residential Mixed Density District. The proposed rezoning would allow the live-work unit to continue as a permitted use as well as allow for additional office space. No changes are proposed for the building or site. Any modifications to the building or site require approval by the Architectural Review Board. Considerations Surroundinq Zoninq and land Use: Zoning District Land Use North RM-1, Residential Mixed Density Residential dwellings and District and CN, Commercial- laundromat. Neighborhood District South RM-1, Residential Mixed Density Single-family dwellings and District and MX, Mixed Use District office space. East RM-1, Residential Mixed Density Residential dwellings. District West RM-l, Residential Mixed Density Residential dwellings, office and CN, Commercial- space, and retail sales. Neiqhborhood District Compliance with the Zoning Ordinance: The MX District is intended to fit seamlessly with residential development in terms of both use and development requirements. The residential dwelling types permitted in the property's current zoning classification will still be permitted in the MX District with the addition of low-intensity office and support service uses. Development requirements pertaining to parking, signage, and lighting are also compatible with residential development. Parking would be kept to the minimum required (only two spaces are required with the reductions provided by the Zoning Ordinance). New building-mounted and freestanding signage would be limited to a maximum of 32 square feet with freestanding signs limited to six feet in height. Finally, lighting requirements in the MX District are identical to those in all residential districts. 2 The property is located within the H-2 Overlay District, so any modifications to the site or building require approval from the Architectural Review Board. Conformity with the Comprehensive Plan and Neighborhood Plan: The Old Southwest Neighborhood Plan calls for the neighborhood to contain a mixture of low-intensity commercial uses and a variety of residential dwelling types to facilitate reinvestment. Low-intensity commercial uses included in the MX District were carefully selected during the 2005 update of the Zoning Ordinance to ensure minimal parking and traffic generation, complementary hours of operation, and conservative development regulations to minimize negative impacts on adjoining residences. The property is identified for village center development on the Future Land Use map. The following policies of Vision 2001-2020 are relevant in the consideration of this application: . NH P2. Neighborhoods as villages. Neighborhoods will function as villages, offering opportunities to live, work, shop, play, and interact in a neighborhood setting. . EC P6. Cultural and historic resources. Roanoke will identify, preserve, and protect its historic districts, landmark features, historic structures, and archaeological sites. . ED P6. Village centers. Village centers will be pursued as an economic development strategy to strengthen neighborhoods and the City's economy. (Note ED A38. Revise zoning ordinance to permit mixed-use residential/commercial development and live/work space in village centers and on the periphery of the central commercial areas.) The following policies of the Old Southwest Neighborhood Plan are relevant in the consideration of this application: . Community Design Policies o Future neighborhood commercial development should adhere to the design principles of Vision 2001-2020 for village centers. · Concentrations of higher-density, mixed use development and live/work space. · Use the future land use map to evaluate rezoning and special exception requests. In particular, requests for properties in the village center should be considered if the design and uses are supported by the neighborhood. . Economic pevelopment Policies o Businesses should attract clientele from the neighborhood and elsewhere in the City. Outside Agency Comments: None. 3 Planning Commission Public Hearina: The following comments and questions were posed by the public at the Planning Commission's April 21, 2011 public hearing. 1. Joel Richert (41 5 Allison Ave. S.W.) expressed opposition to the rezoning, stating that the request should be for the Commercial-Neighborhood (CN) District instead of MX District for consistency with the Old Southwest Neighborhood Plan and that the two properties to the west (Official Tax Nos. 1020113 and 1020114) should be included with the request to prevent spot zoning. 2. Geoff Straughn (429 Elm Ave. S.W.) expressed support for the rezoning as it would provide a better transition from Elm Avenue to the neighborhood beyond. 3. Dinah Ferrance (402 Day Ave. S.W.) expressed opposition to the rezoning, stating that it would encourage other property owners on Elm Avenue to rezone their properties and that the alley shared by Day Avenue and Elm Avenue was not designed to accommodate the increased traffic from employees and patrons accessing rear parking areas. 4. Pat Ferrance (402 Day Ave. S.W.) expressed opposition to the rezoning, stating that the request was inconsistent with the Old Southwest Neighborhood Plan and that the alley was not designed or maintained to support additional traffic. 5. Jim Haynes (526 Marshall Ave. S.W.) expressed his support for the rezoning to staff via phone prior to the public hearing. Staff responded to the concerns regarding inconsistency with the Old Southwest Neighborhood Plan stating that the future land use map specified this property for 'Village Center' development which could be the CN or the MX District depending on the context of the parcel. As a transitional property between the 5th Street village center and the surrounding neighborhood, the MX District was deemed appropriate. Also, an application to rezone Official Tax Nos. 1020113 and 1020114 to the eN District had been filed with the Planning Department May 14, 2011. Members of the Planning Commission also noted that the MX District is less intense than the CN District. ~-~------ Angela Penn, Chair City Planning Commission cc: Chris Morrill, City Manager William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney 4 ," Zonh~g Amendment Application Department of Planning, Building and Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Click Here to Print I Phone: (540) 853-1730 Fax: (540) 853-1230 Date: I ,.3 / 3 J I / Submittal Number: I 0 (\'3 \ 'l1d \ I Request lselltct all that apply): ~zoning, Not Otherwise Listed D Amendment of Proffered Conditions D Rezoning, Conditional D Amendment of Planned Unit Development Plan D Rezoning to Planned Unit Development D Amendment of Comprehensive Sign Overlay District D Establishment of Comprehensive Sign Overlay District Property Information: Address: I ~l 6Im~"ue Sw Official Tax No(s).: I 'O;?{ 0 \ \ S Existing Base Zoning: If) ('f\ \ (If multiple zones, please manually enter all districts.) t\ - Ordinance No(s). for Existing Conditions (If applicable): I N Pr- Requested Zoning: I ~(Y\ f I Proposed Land Use: Property Owner Information: , D With Conditions ~ithout Conditions I Y\\ed\'cal C)lfl\'{.1 I r]f--h'Lu / \\{\.0 y\'ctY\ \0~ W, I Phone Number: ~O . 314.lti~\ I S'1 \ CannQcl~ Sdwl"Rd ~Ioyd V;:J E-MaH: I ~ VII0(\S iOl36& ~ ~ 4OC/ \ h rna d ' LO r'"X.... Name: Address: Property Owner's Signature: Applicant Information (If different from owner): Address: I Phone Number: E-Mail: I I I Name: SdYY\e_. as ~bJJ0 '711~ ~. Applicant's Signature: Authorized Agent Information (if applicable): Name: I Address: I 7?tCVU~ Authorized Agent's Signature: I Phone Number; I E-Mail: I I I """j"':'i,~1:!Y"",,-'Z" . "'i?!'<'n'<<' .,nW'giq;ji~~.,,;., ..fi~e',,-'>$nf;:Mdll1fe;L;'n" t' 71,";;''-'. ,0 I ,,,' .. --./~.'f"r,'-' ,.' ie,-? . . . ,.' '_"l '"'~'(".;:.~",,__. ::.'""-;.(i-~;:-:,:"tr, ''''.,<;~{~.\-,___ ".r'dJ' ?'f.lT"'"""p"''''';>''yrp%~iit~~I'h')II'.'~.?:;::il;~'a' '.""'.,.~I;'WY.?..11.i~;g;.~n1WJ'i.' ;~~~m:r;..,r i.R' "': '.::: .. f/ . { :i:"' --'i'E 'r, ; W' \ .. ..,);,'t:r ~, '{ "M"",: ,,:.:: '''., jYi{ II;",;:::..", "":elf" " ~, 1t'1!~j,';X~;,':%'''$'hl;:~f?; 'W"""~i r.; ompleted application form and checklist. I..,-Written narrative explaining the reason for the request. C- Location map. IvAdjoining property owners list. I Metes and bounds description, if applicable. I vRequired fee. I Concept plan meeting the Application Requirements of item #4 in Zoning Amendment Procedures. I Written proffers. I Concept plan meeting the Application Requirements of item #4 in Zoning Amendment Procedures. Please label as 'development plan' if proffered. I Development plan meeting the Application Requirements of item #4 in Zoning Amendment Procedures. I Comprehensive signage plan meeting the requirements of Section 36.2-336(d) of the City's Zoning Ordinance. I Amended development plan meeting the Application Requirements of item #4 in Zoning Amendment Procedures, if applicable. I Amended concept plan meeting the Application Requirements of item #4 in Zoning Amendment Procedures, if applicable. I Written proffers to be repealed. I Written proffers to be adopted, if applicable. If some of the existing proffers are to be retained, please include these in this list. I Copy of previously adopted Ordinance. I Amended development plan meeting the Application Requirements of item #4 in Zoning Amendment Procedures. I Copy of previously adopted Ordinance. I Amended comprehensive signage plan meeting the requirements of Section 36.2-336(d) of the City's Zoning Ordinance. I Copy of previously adopted Ordinance. I A Traffic Impact Study in compliance with Appendix B-2(e) of the City's Zoning Ordinance. I Cover sheet. r Traffic impact analysis. r Concept plan. r Proffered conditions, if applicable. r Required fee. *An electronic copy of this application and checklist can be found at www.roanokeva.gov/pbd by clicking 'Applications, Agreements, Bonds, and Schedule of Fees'. A complete paCket must be submitted each time an application is amended, unless othelWise specified by staff. Narrative 431 Elm Avenue SW is a two story brick building with an enclosed front porch. It has a full basement and approximately 2900 square feet of usable space. There are five rooms upstairs and four rooms downstairs, including the enclosed front porch. This property was used for business purposes from the 1970's up until1993 when Lawrence Musgrove Associates and LCM Corporation moved to another location. In 2000, I moved in and began a Massage Therapy business using the front enclosed porch. I would like to change the zoning from RM1 to MX so I may rent out space to professional business proprietors for office space. I would, also, like to continue using the enclosed front porch as my Massage Therapy business. Parking is readily available as there are two parking spaces in front of the building up until 4pm daily, as well as a parking space in the driveway adjacent to the building. There is ample parking in the back and should the need arise, the fence can be removed for more parking availability. Given that Elm Avenue has multiple businesses already established, I do not foresee any deterrents with changing the zoning from RM1 to MX. Next door, at 429 Elm Avenue SW, On Our Own, offers mental health counseling to Roanoke citizens, and two doors down at 445 Elm Avenue SW, Park Place Realty is in business. Across the street, 410 Elm Avenue, 422 Elm Avenue, and 424 Elm Avenue are zoned for commercial use. I understand the future land use map in the Old Southwest Neighborhood Plan specifies the property as a Village Center. I believe rezoning this property as MX would be in line with the proposed ammendment. ~ ~ "-.J ,~ '~ . i \ I I l i ~ 1 J I I I I I I' I I I ! ~----- I I j I I I ,s..--........ I~> '"-U t~j '"', c.) .~" 'lj f ~ '1. tt') (. --;>. -s "~ -.- ~ .~: ;,,~ ~ r(}~ '--- i :T -----..... . ,--.....- ~"'.,...,-'---.._ _.. L - '\'~~j '~., --- .~.- '- ,,'-'" '..d _."~.,~"'~.. .,... , .. ,~ .' -... '. 0 (:t .. ~;. \' .,J ~ -',.. .~. ..~.,-_._..,~.._.~_.. ---- .--,j. .. 1. f'll' ' . I'" I"Yt L:z..~::~..~.jeu. 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C'l o .... -,- /I) o M ... ~ .... N r- Al I ---,.... 1 The Roanoke Times --------------------------------------------------+-------------------~---- I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I The Roanoke Times Roanoke, Virginia Affidavit of Publication MARIAN M. SHOCKLEY ALI 1571 CANADY SCHOOL ROAD FLOYD VA 24091 REFERENCE: 80177847 12626747 NPH - Al i ShQc,l}~e.y.-.-t,:;.e z CITY CLERK '11 t'lH'r 1. (PrI(j...1:1 z+ State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Vir~nia. Sworn and subscribed before me this __j_~I~ay of MAY 2011. Witness my hand and official seal. ~~ otary Public ,\\,"11111111 ,\\ :'{ P>.LA Y "" ...,' _,'0 ........ 1tt.L1 I, ... :-...~ . . '7A.' ;:,S' ,"N01AR'l ".,.v-:. .....:"<.. . ..- :: !l:J :' pUBLIC ". ~ ; :' REG. #7090930 1'* = : "*: W COMMISSION : ~ :: -:. C".' -f~P\Sfbl: ~ - ~O... ~...~~ ''''~A''''' .....~..... " ''70 " . . . . I< '" ...... ",I,'t''VVEALt\"\ \),\", 1111/1111\\\ PUBLISHED ON: 05/06 05/13 TOTAL COST: FILED ON: 399.36 05/13/11 '\ ~ NOnCE OF PUSUC-- , : HEARING', ' ',':The Council of the City ?f Roanoke will hold a public hearing on Monday, May 16 2011, at 7:00p,m., or as'soon thereafter as the matter may be heard, in the Council Chamber, fourth floor In the Noel' C. Taylor Municipal Building, 215, Church Avenue, S,W',i Roanoke, Virginia, to, consider the following: 1 Request from Marian M'l Shockley AIi, that property! located at 431 Elm Avenue, S.W., bearing Official Tax: No 1020115, be rezoned fr~m RM.1, Resid~ntial\ I Mixed Density DistllCt, to MX Mixed Use District, for such residential, office, service, Institutional, and community uses as ,are , permitted In the MX, Mixed , Use District. The proposed general usage of ' the I property Is residential, medical clinic, and professional office, The I comprehensive plan \ designates the property for , village center use. i A copy of the a,!plic.ation f is available for review In the I, Office of the City Clerk, 'j Room 456, Noel C. Taylor 'r Municipal Building, 215 t Church' Aven,ue, S,W., i, Roanoke, Virginia. '! All parties in interest and , ,'! citizens may appear on the ,f above date and be heard on ; the matter. If you are a I, person with a disability who t needs accommodations for 'l this hearing, please contact 'l the City Clerk's Office, at ; 853.2541 before noon on \ the Thur~day before the : date of the hearing listed above. " . GIVEN under my hand thiS, 26th day of April, 2011. Stephanie M, Moon, MMC City Clerk. (12626747) \.:.... -,---.---- --------------------------------------------------+------------------------ Authorized V- Signature:_~~_ Billing Services Represen~ative , ) , ~(\ / ~" ~\;, ' /../)v, \' , \\0. . ,V\\ NOTICE OF PUBLIC HEARING The Council of the City of Roanoke will hold a public hearing on Monday, May 16,2011, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, fourth floor, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., Roanoke, Virginia, to consider the following: Request from Marian M. Shockley Ali, that property located at 431 Elm Avenue, S.W., bearing Official Tax No. 1020115, be rezoned from RM-1, Residential Mixed Density District, to MX, Mixed Use District, for such residential, office, service, institutional, and community uses as are permitted in the MX, Mixed Use District. The proposed general usage ofthe property is residential, medical clinic, and professional office. The comprehensive plan designates the property for village center use. A copy of the application is available for review in the Office ofthe City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office, at 853-2541, before noon on the Thursday before the date ofthe hearing listed above. GIVEN under my hand this 26.J:h day of Apr; 1 , 2011. Stephanie M. Moon, MMC City Clerk. Shockley Ali-rezone,doc Notice to Publisher: Publish in the Roanoke Times on Friday, May 6 and Friday, May 13, 2011. Send affidavit to: Stephanie M. Moon, CMC, City Clerk 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 (540) 853-2541 NPH-Shockley AIi-Rezone.doc Send Bill to: Marian M. Ali 1571 Cannady School Road Floyd, Virginia 24091 (540) 314-6881 Bodvworks 12356@hotmai1.com ,1 REZONING to MX, no conditions 431 Elm Ave., S.W., Tax No. 1020115, zoned RM-1 ) ) AFFIDAVIT ) COMMONWEALTH OF VIRGINIA ) ) TO- WIT: ) CITY OF ROANOKE The affiant, RebeccaCockram, first being duly sworn, states that she is 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 Section 15.2-2204, 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 28th day of March, 2011, notices of a public hearing to be held on the 21 st day of April, 2011, on the request captioned above to the owner or agent of the parcels as set out below: Tax No. 1020102 1020114 1020103 1020104 1020116 1020602 1020603 1020604 Owner Mailing Address Piedmont Property, LLC 540 Ellett Rd. Christiansburg, VA 24073 Day Avenue Limited Partnership P. O. Box 6359 Roanoke, VA 24017 Melinda Warden Nicholas F. Barber 430 Day Ave., SW Roanoke, VA 24016 C M By Design, Incorporated c/o Jeff Straught 10 Church Ave., S.E. Roanoke, VA 24011 Robert & Alyce Szathmary 145 Campbell Ave., SW Roanoke, VA 24011 William Kent Martin 436 Elm Ave., S.W. Roanoke, VA 24016 Nancy G. Dearing P.O. Box 8224 Roanoke, VA 24014 I' Notice also sent to: Dinah Ferrance, President Old Southwest, Inc. 402 Day Ave SW Roanoke, VA 24016 Jim Haynes 526 Marshall Avenue SW Roanoke, VA 24016 Tim Taylor 115 Mountain Avenue SW Roanoke, VA 24016 Jeff Campbell 424 Highland Avenue SW Roanoke, VA 24016 ~A{1;ch~ Rebecca Cockram SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this ~Ch' 2~. mad;:;) Notary Public CANDACE R. MARTIN NOT ARY PUBLIC Commonwealth of Virginia Reg. #2~2076 D My Commission Expires J CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov STEPHANIE M. MOON, MMC City Clerk JONATHAN E. CRAFT Deputy City Clerk May 4, 2011 CECELlA T. WEBB Assistant Deputy City Clerk Marian M. Ali 1571 Cannady School Road Floyd, Virginia 24091 Dear Ms. AIi: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, May 16, 2011, at 7:00 p.m., orassoon thereafter as the matter may be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., on the request of Marian M. Shockley AIi that property located at 431 Elm Avenue, S. W., be rezoned from RM-1, Residential Mixed Density District, to MX, Mixed Use District, for use as a residential, medical clinic, and professional office. For your information, I am enclosing copy of a notice of public hearing. Please review the document and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 540-853-2431. It will be necessary for you, or your representative, to be present at the May 16th public hearing. Failure to appear could result in a deferral of the matter until a later date. . Sincerel , - rY), ~,~ Stephanie M. Moon, MMC City Clerk SMM:ctw Enclosure CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk STEPHANIE M. MOON, MMC City Clerk May 4, 2011 CECELIA T. WEBB Assistant Deputy City Clerk To Adjoining Property Owners Ladies and Gentlemen: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6,1981, I have advertised a public hearing for Monday, May 16, 2011, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., on the request of Marian M. Shockley Ali that property located at 431 Elm Avenue, S. W., be rezoned from RM-1, Residential Mixed Density District, to MX, Mixed Use District, for use as a residential, medical clinic, and professional office. This letter is provided for your information as an interested property owner and/or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning, Building and Development at 540-853-1730. If you would like to receive a copy of the report of the City Planning Commission, please call the City Clerk's Office at 540-853-2541. Sincerely, ~~M~~ City Clerk SMM:ctw CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk STEPHANIE M. MOON, MMC City Clerk May 17, 2011 CECELIA T. WEBB Assistant Deputy City Clerk Municipal Code Corporation P. O. Box 2235 Tallahassee, Florida 32316 Ladies and Gentlemen: I am enclosing copies of Ordinance No. 39122-051611 amending and reordaining 'various sections and Appendix A, Definitions, of Chapter 36.2, Zoninq, of the Code of the City of Roanoke (1979), as amended, for the purpose of updating and clarifying the City's zoning ordinance and making certain amendments thereto. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regu'lar meeting held on Monday, May 16, 2011, and is in full force and effect upon its passage. Sincerely, - y;" ~ hlb00 Stephanie M. Moon, MMC l City Clerk Enclosure pc: The Honorable Brenda S. Hamilton, Clerk, Circuit Court Ronald S. Albright, Clerk, General District Court David C. Wells, Clerk, Juvenile and Domestic Relations District Court Chief Magistrate, Office of the Magistrate Lora A. Wilson, Law Librarian Christopher P. Morrill, City Manager William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Rebecca Cockram, Secretary, City Planning Commission r/;:. ~~ ~~r~~ \ ~, ' IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of May, 2011. No. 39122~051611. AN ORDINANCE amending and reordaining VarIOUS sections and Appendix A, Definitions, of Chapter 36.2, Zoning, ofthe Code of the City of Roanoke (1979), as amended, for the purpose of updating and clarifying the City's zoning ordinance and making certain amendments thereto; and dispensing with the second reading by title ofthis ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The following sections of Chapter 36.2, Zoning, of the Code of the City of Roanoke (1979), as amended, are hereby amended and reordained to read and provide as follows: *** Sec. 36.2-108. Vested rights. * * * (b) For purposes of this Section and without limitation, the following are deemed to be significant affirmative governmental acts allowing development of a specific project: * * * (7) The zoning administrator or other administrative officer has issued a written order, requirement, decision or determination regarding the permissibility of a specific use or density of the landowner's property that is no longer subject to appeal and no longer subject to change, modification, or reversal under Subsection C of f 15.2-2311 of the Code of Virginia (1950), as amended. * * * O-Amending 36.2-Zoning.doc 1 Sec. 36.2-201. Establishment of districts. In order to carry out the purposes of this Chapter, the City of Roanoke shall be divided into zoning districts as established below: Base districts. The following base zoning districts are hereby established: (1) Residential zoning districts: Residential- Agricultural District (RA) R--l-2- Residential Single-Family District (R-12) R-+ Residential Single-Family District (R-7) ~ Residential Single-Family District (R-5) R:-3- Residential Single-Family District (R-3) RM-l- Residential Mixed Density District (RM-l) RM4 Residential Mixed Density District (RM-2) Residential Multifamily District (RMF) Commercial zoning districts: Multiple purpose zoning districts: Mixed Use District (MX) Commercial-Neighborhood District (CN) Commercial-General District (CG) Commercial-Large Site District (CLS) Downtown District (D) Institutional District (IN) Recreation and Open Space District (ROS) Urban Flex District (UP) Industrial zoning districts: Light Industrial District (I-I) Heavy Industrial District (1-2) Airport Development District (AD) Special purpose zoning districts: Downtown District (D) Mixed Use District (MX) Institutional District (IN) Recreation and Open Space District (ROS) Airport Development District (AD) :Mixed Use Planned Unit Development District (M.XPUD) Institutional Planned Unit Development District (INPUD) Industrial Planned Unit Development District (IPUD) Urban Flex District (UP) Planned Unit Develo1Jment Districts: Mixed Use Planned Unit Development District (MXPUD) Institutional Planned Unit Development District (INPUD) Industrial Planned Unit Development District (IPUD) (a) (3) (1) (4) O-Amending 36.2-Zoning.doc (2) (2) * * * o 2 Sec. 36.2-204. Use regulations. * * * (b) Permitted uses. (1) The permitted uses, as of right and by special exception, for each base zoning district are set forth in matrix furmat in Section 36.2 310 and are referred to in this Chapter as a "Use Matrix" table format in Article 3 referred to in this Chapter as "Use Tables". *** (c) Interpretation of Use matrix Tables. (1) In the case of mixed uses, the regulation for each use, as provided in Article 3, shall apply to that portion of the building or land so utilized used unless otherwise provided. (2) If a use is specifically identified in the Use Matrix Tables, while a more general use category is also listed, the regulations and applicability of the specifically identified use shall govern. (3) For a use not identified in the Use Matrix Tables, the Zoning Administrator may determine that such use is substantially the same as another use otherwise permitted in the Use MatrJC Tables. Such decision of the Zoning Administrator shall be recorded in writing. Sec. 36.2-205. Dimensional regulations. * * * (f) Front yards. *** (2) In the R 7, R 5, and R 3 Residential Single Family Districts and the RM I and R1f 2 Residential Mixed Density Districts, the required depth 0 f the front yard shall be determined and applied in accordance with subsections (f..) and (B), belo';,:, except that '::herc a lot has frontage on a cuI de SIlC, the minimum and maximum front yard depths of the applicable zoning district shall apply. In the application of Subsection (.f..) or (ll), the Zoning Administrator may require a greater yard depth fur public safcty reasons. (A) 'Nhcre there is a building or are buildings on the adjoining lots, the minimum and maximum front yards ohhe applicable zoning district shall not apply, and the required minimum and maximum front yard depths O-Amending 36.2-Zoning.doc 3 shull be dotermined by whichever adjoining lot has the shallo'lIest established front yard depth as sot fOrth in subsections (i), (n), (iii), (iv), and (,;) belo',v. (i) (iii) (iv) E") 'Y. If the line of the shallowest established front yard depth lies between the lines of the minimum and the milximum front yards of . the district, tho minimum front yard depth shall be equal to the shallov;est of the established front yard deptoo of the adjoining lots, and the maximum front yard depth shall be five (5) foet greater than the minimum front yard depth established by this subsection; (ii) If the shallowest established front yard dcpth is greater than the maximum front yard depth of the district, the maximum front yard depth shall be equal to that shallowest established front yard depth of the adjoining lots, and the minimum front yard depth shall be the minimum front yard depth of the applicable zoning district; If the shallowest established front yard depth is less than the minimum front yard dcpth of the district, but greater than ten (10) feot, the minimum front yard depth shall be equal to that shalloy;est established front yard dept~ and the maximum front yard depth shall be ten (10) fcot greater than the minimum yard depth established by this subsection; or If the sha1loy;est established front yard depth is less than ten (10) f-cet, the millimum front yard depth shall be ten (10) feot, and the , maximum front yard depth shall be twenty (20) feet. In the case of an addition of a porch to the front of an existing principal structure, which addition is unenclosed by solid vertical walls, the minimum front yard depth shall be ten (10) foot shallo';/er than the established building line of the existing principal structure, proyided that such minimum front yard depth is no less than the minimum front yard depth of the applicable z-oning district. (B) Where there is no building or are no buildings on the adjoining lots, the minimum and maximum front yard depths for the applicable zoning district shall apply. (2)0) In all zoning districts, other than those set fOrth in Subsection (2) above, the The required depth of the minimum and maximum front yards shall be established by the applicable zoning district regulations as set forth in Article 3. O-Amending 36.2-Zoning.doc 4 [Subsections (f)(4) and (f)(5) of 36.2-205(f) are renumbered to (f)(3) and (f)(4), respectively, but are otherwise unchanged] *** (i) Yards-Comer lots and through lots. (1) In the Cllile of a comer lot with two (2) street frontages, in the R 7, R 5, and R 3 Residential Single Family Districts and the RM 1 and RM 2 Residential Mixed Density Districts, minimum front yard depths shall be determined as follO'.v8: E^~ .l..L One front yard shall be provided pursuant to the requirements of Section 36.2 205(f)(2); and (B) fA. second front yard shall be provided of at least one half 01,.) the minimum front yard dcpth required by the applicable zoning district, but not to be less than ten (10) f-cet. (2) In the case of a comer lot 'Nith t'.\.'o (2) street frontages in all zoning districts other than those set forth in subsection (1) abo'/e, minimum front yards shall be provided as follov.'s: . VA.) One front yard shall be provided pursuant to the m.inimum front yard requirements ofthe applicable zoning district; and (B) A second front yard shall be provided of at least one half (~I,.) the depth resulting from subsection VA.) aboye. (3) In'the case of a comer lot v.'ith more than two (2) street frontages in the R 7, R 5, and R 3 Residential Single Family Districts and the RM 1 and RM 2 Residential Mixed Density Districts, minimum front yards shall be provided as follows: . (A) TV/o (2) front yards shall be provided pursuant to Section 36.2 205(f)(2); and (B) }A.dditional front yards shall be provided of at least one half 01,.) the minimum front yard depth required by the applicable zoning district, but not to be less than ten (10)' feot. , (4) In the case of a comer lot v/ith more than t':.'O (2) street frontages in all zoning districts other thun those set forth in subsection (3) aboye, front yards shall be pro'/ided as follows: (1\) T'.vo (2) front yards shall be provided pursuant to the minimum front yard requirements ofthe applicable zoning district; and O-Amending 36.2-Zoning.doc 5 (B) .'\dditional front yards shall be provided of at least one half O~) the depth of one (1) of the yards resulting from subsection (A) above. (5) In the case 0 f any comer lot, any yards remaining after full and half depth front yards have been established, as set forth in subsections (1), (2), (3), and (4) above, shall be considered side yards. (6) In the case of any comer lot, where maximum front yards are established by this Chapter, such maximum front yard requirements shall apply to only one (1) of the front yards, except in the Urban Flex District (UF), \voore the maximum front yard requirements shall apply to at least tv,."O (2) front yards. (1) Corner lots having two streetfrontages shall provide yards asfollows: (A) In a district where Section 36.2-313 applies, one front yard shall be provided with the minimum and maximum depths determined by that Section. The other front yard shall be subject only to a minimum required depth of one-half the minimum front yard required by the district. (B) In all other districts, one front yard shall be provided with the minimum and maximum depths of the district. The other front yard shall be subject only to a minimum required depth of one-half the minimum front yard required by the district. (C) Any yards remaining after front yards have been provided shall be considered side yards. (2) Corner lots having more than two street frontages shall provide a front yardforeachfrontage: (A) In a district where Section 36.2-313 applies, two front yards shall be provided with the minimum and maximum depths determined by that Section. Any other front yards shall be subject only to a minimum required depth of 'one-half the minimum front yard required by the district. (B) In all other districts, two front yards shall be provided with the minimum and maximum depths of the district. Any other front yards shall be subject only to a minimum required depth of one- half the minimum front yard required by the district. (C) Any yards remaining after front yards have been provided shall be considered side yards. O-Amending 36.2-Zoning.doc 6 (3) Through lots shall provide afront yardfor each frontage: (A) In a district where Section 36.2-313 applies, one front yard shall be provided with the minimum and maximum depths determined by that Section. The other front yard shall be subject to only the minimum front yard depth required by the district. (B) In all other districts, one front yard shall be provided with the minimum and maximum depths of the district. The other front yard shall be subject only to the minimum front yard required by the district. (C) Any yards remaining after front yards have been provided shall be considered side yards. (4) In the case of any corner lot or any through lot, where maximum front yards are established by this Chapter, such maximum front yard requirements shall apply to only one (1) of the front yards, except that the maximum front yard requirements shall apply to at least two (2) front yards of any corner lot in the UF District. G) Yards Through lots. (1) In the case of a through lot, front yards shall be provided on both frontages. (2) In the R 7, R 5, and R 3 Residential Single Family Districts and the RM 1 and RM 2 Residential Mixed Density Districts, one (1) front yard shall be provided pursuant to Section 36.2 205(f)(2), and one (1) front yard shall be provided pursuant to the minimum front yard requirement of the applicable zoning district. (3) In all zoning districts other than thoso set forth in subsection (2) abo'/e, the required depth 0 f the minimum and maximum front yards shall be established by the applicable zoning district regulations as set forth in Article 3. (1) In the case of a through lot, side yards shall extend from the rear lines of the front ynrds required. (5) In the case of u through lot, 'Nhcre maximum front yards arc established by this Chapter, such maximum front yard requirements shall apply to only ono (1) oft10 front yards. * * * O-Amending 36.2-Zoning.doc 7 00-0) Height. * * * (2) Exemptions: * * * (C) In all zoning districts, the maximum height regulations set forth in each base zoning district shall not apply to any wind turbine, such structures being subject to the height limitations provisions of Section 36. 2-403 (m). ARTICLE 3. REGULATIONS FOR SPECIFIC ZONING DISTRICTS *** DIVISION 1. BASE DISTRICTS-RESIDENTIAL, COMMERCIAL, AND INDUSTRIAL (Section 36.2-310 through 36.2-315-1 are combined and renumbered, below) DIVISION 2. BASE DISTRICTS-SPECIAL PURPOSE DISTRICTS (Section 36.2-320 through 36.2-329-1 are combined and renumbered, below) DIVISION 1. RESIDENTIAL DISTRICTS. Sec. 36.2-310. Purposes of the residential districts. (a) The purpose of the RA District is to provide for the continued use of agriculturally productive lands. Uses and standards in this district are intended to preserve and protect agricultural lands by maintaining a low population density and a rural character of development. (b) The purposes of the R12, R-7, R-5, and R-3 Districts are to protect residential neighborhoods, to provide a range of housing choices, and to incorporate neighborhood principles, including lot frontages, building setbacks and densities, that are customary in urban and suburban neighborhoods. (c) The purpose of the RM-l and RM-2 Districts is allow for a mix of single- family detached, single-family attached" two-family, townhouse, and multifamily dwellings in order to provide a range of housing choices. (d) The purpose of the RMF District is to permit dense housing development by providingfor multifamily and townhouse dwellings. O-Amending 36.2-Zoning.doc 8 Sec. 36.2-311. Use Tablefor residential districts. Supplemental District RA R-12 R-7 ' R-5 R-3 RM-l RM-2 RMF Regulation Section Residential Uses Dwelling, single-family attached P P P P Dwelling, single-familv detached P P P P P P P Dwelling, two-family S P Dwelling, multifamily P P Dwelling, townhouse or P S P P 36.2-431 ro who use Dwelling, manufactured home P Dwelling, mobile home P 36.2-417 Accommodations and Group Living Uses Bed and Breakfast ' P S S S S S S 36.2-405 Boarding house S Group care facility, congregate S' P 36.2-412 home, elderly Group care facility, congregate S S 36.2-412 home, not otherwise listed Group care facility, group care S S 36.2-412 home Group care facility, halfway S S 36.2-412 house Group care facility, nursing P 36.2-412 home Group care facility, transitional 36.2-412 living facility Group home P P P P P P P Commercial Uses Day care home, child P P P P P P P ,p Fire, po lice, or emergency S S S S S S S services Utility uses and structures Utility distribution or collection, P P P P P P P P basic Utility distribution or collection, S S S S S S S S transitional Wireless .telecommunications S S S S S S S ~ 36.2-432 facility Wire less telecommunications P P P P P P P P , 36.2-432 facility, stealth Animal and A/(ricultural Uses Agricultural operations P S S S S S S S O-Amending 36.2-Zoning.doc 9 Supplemental District RA R-12 R-7 R-5 R-3 RM-I RM-2 RMF Regulation Section Animal shelter P Botanical garden or arboretum P Community f<arden P P P P P P P P Composting facility S Nursery or greenhouse, P commercial Pet f!roominf! P Kennel, no outdoor pens or runs P Kennel, with outdoor pens or S runs Stable, commercial P 36.2-428 Wildlife rescue shelter or refuge P area Accessory Uses Accessory uses, not otherwise P P P P P P P P 36.2-403 listed in this Table Accessory apartment S S S S S S P 36.2-402 Home occupation, excluding P P P P P P P P 36.2-413 personal service Home occupation, personal P P P P P P P P 36.2-413 service Outdoor storage P 36.2-423 Stable, private P P 36.2-403 Temporary health care structure P P P P P P P P 36.2-403 Wind turbine, commercial S 36.2-403 Wind turbine, small S S S S S S S S 36.2-403 "P" indicates a use permitted as of right. "S" indicates a use permitted only by special exception. A blank cell indicates the use is not permitted. Sec. 36.2-312. Dimensional regulations for Residential Districts. District RA R-12 R-7 R-S R-3 RM-l RM-2 RMF Minimum lot area per 43,560 12,000 7,000 5,000 3,000 3,500 2,500 1,000 dwelling unit (square feet) Lot area Minimum 43,560 12,000 7,000 5,000 3,000 5,000 5,000 15, 000 (square feet) Maximum None None None None None None None None Lot frontage Minimum 150 70 60 50 30 50 50 100 (feet) Maximum None None None None None None 150 None Front yard Minimum 30 20 20 15 15 10 10 10 (feet) Maximum None None None 40 25 30 30 - Section 36.2-313 Front yard No No Yes Yes ' Yes Yes Yes Yes requirements for infill development apply O-Amending 36.2-Zoning.doc 10 District RA R-12 R-7 R-5 R-3 RM-l RM-2 RMF Side yard minimum depth ]0 5 3 3 3 3 3 ]5 (feet) Rear yard minimum depth 50 30 ]5 ]5 ]5 ]5 ]5 ]5 (feet) Height maximum (feet) 45 35 35 35 35 35 45 45 Impervious surface area 25 50 50 60 70 60 70 70 maximum (percentage of lot area) Principal structures, No ] ] ] ] ] No No maximum number limit limit limit Accessory structure 5 5 0 0 0 0 0 5 minimum setback from rear and side lot lines (feet) Minimum parking Yes Yes Yes Yes Yes, Yes Yes Yes requirement applies Minimum area of usable None None None None None None None ]00 open space per dwelling unit (square feet) , Tree canopy coverage 20 20 20 20 ]5 ]5 ]0 ]0 (Minimum percent of lot area) A numeric entry means the dimension shall apply based on the unit of measurement indicated. "Yes" means the requirement applies. "No" means the requirement does not apply. "None" means there is no requirement. Sec. 36.2-313. Front yard dimensionsfor injill development. Where indicated as applicable in Section 36.2-3]2, the following regulations shall be used to determine the minimum and maximum front yard to be provided. Where the shallowest established front yard is between Minimum yard: depth of the shallowest the minimum and maximum front yards of the district established front yard Maximum yard: depth of the shallowest established front yard, plus 5 feet Where the shallowest established front yard is deeper Minimum yard: same as district than the district's maximum front yard Maximum yard: depth of shallowest establishedfront yard Where the shallowest established front yard is shallower Minimum yard: depth of the shallowest than the district's minimum front yard established front yard Maximum yard: depth of the shallowest , establishedfront yard, plus] Ofeet Where the shallowest established front yard is less than Minimum yard: depth of the shallowest ] 0 feet established front yard Maximum yard: 20 feet O-Amending 36.2-Zoning.doc 11 Where the shallowest established front yard is established by an existing building on the lot where an unenclosed front porch addition is proposed. Minimum yard: depth of the shallowest established front yard, minus 10 feet, but no closer than the district minimum Maximum: not ap licable Minimum: same as district minimum Maximum: same as district maximum Minimum: same as district minimum Maximum: .same as district maximum Where the lot has frontage on a cul-de-sac, regardless of the resence 0 buildin 'S on ad'oinin lots. Where the adjoining structure has its primary fa9ade on a different street frontage and there are no structures on other adjoining lots fronting on the same street. DIVISION 2. MULTIPLE PURPOSE DISTRICTS Sec. 36.2-314. Purposes ofmultiple purpose districts. (a) The purpose of the MX District is to accommodate residential uses, office uses, and support services within the same district. The intent of the district is that no retail sales uses be permitted and that the district facilitates a harmonious mixture of office and residential uses. The regulations of the district are intended to protect the character and scale of such a mixed-use development pattern by permitting low-intensity development at a scale that recognizes and respects residential patterns of development. (b) The purpose of the CN District is to encourage a concentration of neighborhood-scaled retail, office, and service uses, in clearly defined, compact areas in close proximity to residential neighborhoods. The regulations of the district are intended to control the scale of nonresidential buildings in a manner that makes them compatible with and appropriate for surrounding residential areas and to encourage a development pattern that consists of ground floor commercial uses with offices and residential uses on the upper floor levels. The district is intended to promote pedestrian-oriented development, with buildings located close to the street, pedestrian-scaled signage, main entrances oriented to the street frontage sidewalk, windows or display cases along building facades which face the street, and significant building coverage of the site. Although parking areas may be provided, they are generally limited in size and are de- emphasized by their location on the site. (c) The purpose of the CG District is to permit motor vehicle dependent uses that are generally developed as single use developments on individual lots, subject to landscaping, access, and signage standards. Such development is generally characterized by individual curb cuts, access drives, and signage. It is intended that this district be applied primarily along heavily traveled arterial streets, with an emphasis on clustering such development at major intersections. While recognizing the motor vehicle traffic generated by the uses permitted in this district, it is the intent of the regulations of the district to encourage and recognize pedestrian access and public transit forms of transportation by locating parking to the side and rear of buildings and minimizing conflict through landscaping and signage standards. The uses permitted in this district generally require a high volume of traffic along the frontage of the establishment and include horizontally oriented buildings.' Such permitted uses include general retail O-Amending 36.2-Zoning.doc 12 establishments, offices, service establishments, motor vehicle related sales and service, eating establishments, and entertainment uses. The CG District is also intended to accommodate travel-oriented uses such as hotels, motels, and gasoline stations. (d) The purpose of the CLS District is to accommodate multiple buildings and uses that are large in scale and generally characterized by multiple tenants or uses on a single zoning lot which share common parking, curb cuts, driveways, and access to and from streets. These uses and areas are heavily dependent on the motor vehicle and tend to result in large parking areas and outdoor display of merchandise. CLS District uses include large motor vehicle sales and service establishments and community and regional shopping centers. The district standards provide for landscaped buffers to minimize the impact of CLS uses on surrounding areas. (e) The purpose of the D District is to permit a wide variety of uses and relatively intense development in the downtown, consistent with historic development patterns, in a manner that protects and enhances the business and cultural center of the City and region. Toward that end, the Downtown District is intended to accomplish the following: (1) facilitate pedestrian ways and create a convenient and harmonious development of buildings, streets, and open space; (2) protect and enhance the public interest in downtown as a source of economic vitality, the retention and creation of jobs, and tax revenue; (3) protect existing investment in downtown, to protect against the demolition of downtown's historic buildings, to promote activity on public streets, and to protect amenities provided through public investment; and (4) provide for a mix of high density residential, commercial, retail, government services, entertainment and cultural facilities, and live/work space. (f) The purpose of the IN District is to provide standards for the accommodation of institutional developments on zoning lots of five (5) acres or less in order to achieve the following specific purposes: (1) recognize the unique needs of institutional uses and their relationship with neighboring land uses; (2) reduce traffic congestion, provide adequate parking, and promote pedestrian linkages; (3) facilitate the creation of a convenient and harmonious development of buildings, parking, and open spaces for individual institutional uses; (4) ensure the proper functioning of such institutional uses; and (5) minimize the potential for adverse impacts of institutional uses on adjacent land uses. (g) The purpose of the ROS District is to recognize and enhance active park and recreation lands, passive open spaces, and significant natural and scenic features by encouraging these areas to protect unique land resources from degradation, consistent with the recommendations of the City's Comprehensive Plan. It is further intended to prevent the encroachment of incompatible land uses, while permitting limited construction within open space areas which is supportive of their function and which promotes their use and enjoyment. O-Amending 36.2-Zoning.doc 13 (h) The purpose of the UF District is to promote high intensity, mixed use development that is economically viable, pedestrian oriented, attractive and harmonious, and contributes to the place-making character of the City. The district is designed to provide new development and redevelopment opportunities in the form of mixed use structures that offer a wide range of complementary land uses. This special purpose district is intended to be applied to underperforming urban industrial areas that have sufficient infrastructure to support mixed use development. The district provides for a mix of small scale industrial, commercial, institutional, and residential uses. Sec. 36.2-315. Use Tablefor Multiple Purpose Districts. Supplemental District MX CN CG CLS D IN ROS UF Regulation Section Residential Uses Dwelling, single-family p p attached Dwelling, single-family p detached Dwellin~, two-family P Dwelling, multifamily P P P P Dwelling, townhouse or p P p p 36.2-431 rowhouse Accommodations and Group Living Bed and Brealifast S S 36.2-405 Dormitory P Group care facility, congregate S. 36.2-412 home, elderly, Group care facility, nursing S 36.2-412 home Group home P P P P Hotel or Motel P P P P Commercial Uses: Office and Related Uses Blood bank or plasma center P P Business service establishment, S p P P P P not othervvise listed Employmen~ or temporary p labor service Financial institution P P P P P Laboratory, dental, medica~ or p p p p p optical Laboratory, testing and S S S P research Medical clinic P P P P P P Office, general or professional P P P P P P O-Amending 36.2-Zoning.doc 14 District MX Office, general or professional, p p lar~e scale Outpatient mental health and substance abuse clinic Commercial Uses: Miscellaneous Animal hospital or veterinary P clinic, no outdoor pens or runs Caterer, commercial Community market P Drive-through facility S Drive-through kiosk S Flea market, indoor Flea market, outdoor Funeral home Kennel, no outdoor pens or runs Live-work unit P P Mixed use building P P Outdoor advertising sign Studio/multimedia production P P facility Commercial Uses: Retail Sales and Service Bakery, confectionary, or P similarfood production, Retail Body piercing establishment P Building supplies and materials, retail Car ,wash, not abutting a residential district Car wash, abutting a residential district Contractor or tradesman's S shop, general or special trade Dry cleaning and laundry pick- P up station Dry cleaning plant or commercial laundry Gasoline station S General service establishment, P not otherwise listed Janitorial services establishment Laundromat P O-Amending 36.2-Zoning.doc CN P p p p p CG P S p P P P P P S P P P P P P P p p p S p p CLS D P P P P P P P S P P P P P P P P S P P P P P S P P P IN P P P P S S P P P P P P P P S ROS UF P P P P P P P P P P P P P P P P P P Supplemental Regulation Section 36.2-409 36.2-409 36.2-416 36.2-416 36.2-675 36.2-406 36.2-406 36.2-411 15 Supplemental District MX CN CG CLS D IN ROS UF Regulation Section Manufactured or mobile home P sales Motor vehicle rental P P P P establishment, without inventory on-site Motor vehicle rental P P S , establishment, with inventory on-site, Motor vehicle repair or service P P S S 36.2-419 establishment Motor vehicle sales and service P P 36.2-420 establishment, new Motor vehicle sales and service P P 36.2-421 establishment, used Nursery or greenhouse, P P S commercial Personal service P P P P P P establishment, not otherwise listed in this table Pet grooming P P P P P Retail sales establishment, not P P P P P otherwise listed , Stora~e buildin~ sales P Tattoo parlor P P P P P Industrial Uses Bakery, confectio nary, or P similar food production, Wholesale Commercial printing P P establishment Electrical component P assembly, wholesale distribution Fueling station, commercial or P P wholesale Manufacturing: Beverage or P food processing, excluding poultry and animal slaughtering and dressing, Manufacturing: General, not S otherwise listed in this table Manufacturing: Steel or metal S production, fabrication, or processing O-Amending 36.2-Zoning.doc 16 Supplemental District MX CN CG CLS D IN ROS UF Regulation Section Motor vehicle or trailer S S 36.2-418 painting and body repair Workshop S P P S S Warehousinf( and Distribution Uses Distribution center, not S otherwise listed Warehouse S Assembly and Entertainment Uses Adult uses S 36.2-404 Amphitheater P Amusement, commercial, S P P P P indoor Amusement, commercial, P P outdoor Botanical ~arden or arboretum P P P Club, lodge, civic, or social P P P P P P P orJ?anization Community center P P P P P P P P Eating establishment P P P P P Eating and drinking P P P P P establishment, not abutting a residential district Eating and drinking S S S S S establishment, abutting a residential district Entertainment establishment, S S S S S abutting a residential district Entertainment establishment, S P P P P not abutting a residential district , Exhibition, convention, or P P conference center Ga.ming establishment S S Golf course P Health and{itness center P P P P P P Meeting hall P P P P P P P Park or plaYf?round P P P P P P P P Place of worship P P P P P Recreation, indoor P P P P P Recreation, outdoor P P P P Sports stadium, arena, or P coliseum O-Amending 36.2-Zoning.doc 17 Supplemental District MX eN CG CLS D IN ROS UF Regulation Section Theater, movie or performing P P P P P arts Zoo P Public, Institutiona~ and Community Facilities Aquarium or planetarium P Artist studio P P P P P P Cemetery P Community food operation P Community garden P P P P P P P P Day care center, Adult P P P P P P P Day care center, child S P P P P P P 36.2-408 Day care home, child P P P P Educational facilities, business S P P P P P P school or nonindustrial trade school Educational facilities, P P P P college/university Educational facilities, P P P P p' P elementary/middle/secondary Educational facilities, P P industrial trade school Educational facilities, school S P P P P P P for the arts Fire, po lice, or emergency P P P P P P P services Government offices or other P P P P P P P government facility, not otherwise listed Hospital P Library P P P P P P P Museum P P P P P P P Post office P P P P P P Supply pantry P P Training facility for police, P S fire, or emerf<ency services Transportation Uses Bus passenger terminal or P S station Limousine service P P Parkinf< lotfacility S P S Parking, off-site P S P P S P P P 36.2-652 Parld-ng structure facility P S 36.2-426 O-Amending 36.2-Zoning.doc 18 Supplemental District MX CN CG CLS D IN ROS UF Regulation Section Railroad passenger terminal or P station Utility Uses BroadcastinJ;! studio or station P P P P P Broadcasting tower S S S 36.2-432 Utility distribution or P P P P P P P P collection, basic Utility distribution or S S S S S S S S collection, transitional Wireless telecommunications S S S S S S S S 36.2-432 facility Wireless telecommunications P P .p P P P P P 36.2-432 facility, stealth Agricultural Uses Agricultural operations S S S S S S S S Stable, commercial P 36.2-428 Wildlife rescue shelter or P refuge area Accessory Uses Accessory uses, not otherwise P P P P P P P P 36.2-403 listed in this Table ~ Accessory apartment S 36.2-402 Home occupation, excluding P P P P P 36.2-413 personal service Home occupation, personal P P P P P 36.2-413 service Outdoor display area P P P P P 36.2-422 Outdoor recreation facility S S S S S S 36.2-403 lighting or sports stadium lighting Outdoor storage P S 36.2-423 Recycling collection point S P P 36.2-403 Resident manager apartment P 36.2-403 Temporary health care structure Wind turbine, commercial S S 8 8 S 36.2-403 Wind turbine, small S 8 S S 8 S S S 36.2-403 "P" indicates a use permitted as of right. "8" indicates a use permitted only by special exception. A blank cell indicates the use is not permitted. O-Amending 36.2-Zoning.doc 19 Sec. 36.2-316. Dimensional regulations for Multiple Purpose Districts. MX CN CG CLS D IN ROS UF Minimum lot area per 2,500 1,800 None None None None None None residential unit (square feet) Lot area Minimum 5,000 5,000 10,000 43,560 None None None None (square feet) Maximum None 87,120 13 0,68 None None 217,80 None 87,120 0 0 Lot frontage Minimum 50 None 100 150 None 100 None none (feet) Maximum None 200 None None None None None 200 Front yard Minimum 10 0 0 0 0 20 10 0 (feet) Maximum 30 10 30 None 10 40 None 10 Section 36.2-317 Civic No Yes No No Yes Yes No Yes space yard option applies Side yard (feet) 5 0 0 0 0 0 10 0 Rear yard (feet) 15 0 0 0 0 0 10 0 Accessory structure 0 0 0 0 0 0 0 0 minimum setback from rear and side lot lines (feet) Height maximum (feet) 45 45 50 60 None 40 35 50 Floor area ratio maximum 1.0 5.0 5.0 5.0 15.0 None None None Impervious surface area 70 100 85 80 100 80 15 100 maximum (percentage of lot area) Minimum parldng Yes No Yes Yes No Yes No No requirement applies Section 36.2-318 No Yes Yes Yes No Yes No Yes Pedestrian access requirement applies Maximum building None 15, 000 None None None None None None footprint (square feet) Section 36.2-319 Minimum 25 50 25 0 50 25 0 25 ground floor faf;ade transparency (percentage of fac;ade area) Minimum tree canopy 10 0 10 10 0 10 20 0 (percentage of lot area) A numeric entry means the dimension shall apply based on the unit of measurement indicated. "Yes" means the requirement applies. "No" means the requirement does not apply. "None" means there is no requirement. O-Amending 36.2-Zoning.doc 20 .. .. Sec. 36.2-317. Civic space yard option. In districts where indicated as applicable in Section 36.2-316, a building may be exempted from the maximum front yard requirement if a civic space accessible to the general public is provided. Such civic space shall meet these requirements: (a) The civic space shall be the entire area between the building line and the adjacent public right-ol-way, (b) At least 50 percent of the civic space shall consist of a plaza or courtyard within which is provided at least one (1) linear foot of seating for each 50 square feet of plaza or courtyard and at least two (2) of the following amenities: fountains, sculptures, trellises, planted beds, or clocks; and (c) The balance of the civic space shall include one (1) tree per 350 square feet of the balance of the civic space, one (1) deciduous or evergreen shrub per five (5) square feet of the balance of civic space, and vegetative ground cover. Sec. 36.2-318. Pedestrian access. In districts where indicated as applicable in Section 36.2-316, designated pedestrian pathways of a minimum unobstructed width of five (5) feet shall be provided a'nd clearly defined from the public sidewalk, or the public right-ol-way where there is no public sidewalk, to the public entrance' of any principal building. Such pedestrian pathways shall be handicapped accessible, surfaced with concrete, asphalt, bituminous pavement, brick or stone pavers, or a permeable paver system, and shall be distinguished and separated from driveways and parking spaces by landscaping, berms, barriers, grade separation or other means to protect pedestrians from vehicular traffic. Where any such walkway crosses a motor vehicle travel lane, raised crosswalks shall be provided. Sec. 36.2-319. Far;ade treatment In districts where a minimum percentage of ground floor far;ade transparency is specified in Section 36.2-316, the ground floor far;ade(s) of the building shall have the specified transparent area through the provision of glass beginning at a height no greater than three (3) feet above the grade of the adjacent sidewalk or the finished grade of the site. The location of entrances and transparent areas shall be subject to these requirements: (a) Interior lot: Provide at least one (1) entrance and the minimum transparency on the building fa<;ade facing the public street frontage. (b) Corner lot: Provide at least one (1) entrance and provide the minimum transparency on the building fa<;ade facing the frontage upon which the maximum yard requirement is met. Any other building fa<;ades facing a public street frontage shall have a minimum of one-half the specified percentage of ground floor fa9ade transparency. O-Amending 36.2-Zoning.doc 21 (c) Through lot: Provide at least one (1) principal entrance and the minimum transparency on the building fa{:ade facing the frontage on which the maximum yard requirement is met. The minimum percentage specified of the primary building fa{:ade shall be transparent from the street through the provision of glass. DIVISION 3. INDUSTRIAL DISTRICTS. Sec. 36.2-320. Purposes of the 1-1 and 1-2 districts. (a) The purpose of the 1-1 District is to provide for a range of wholesale, warehousing, distribution, storage, repair and service, assembly or processing, fabrication or manufacturing, accessory commercial and office uses, intensive commercial uses, and other types of uses such as flex space. The regulations of the 1-1 District are intended to mitigate conflict between a4jacent uses within the district and to protect neighboring nonindustrial districts and uses. (b) The purpose of the 1-2 District is to provide for a range of intensive industrial uses, including manufacturing, assembly, fabrication, bulk storage, and processing as well as limited, closely related support commercial uses. The 1-2 District regulations are intended to protect other districts from the potentially harmful effects of permitted 1-2 uses. Sec. 36.2-321. Purpose and applicability of the AD District. (a) The purpose of the AD District is to permit and encourage the development of uses dependent on or related to air transportation in the areas in and around the Roanoke Regional Airport. Such uses support airport functions, are dependent on air transportation, are unlikely to pose a threat to flights or airport operations, or are less sensitive to airport operations than most commercial or industrial uses. The AD District is intended to provide space for the efficient layout and operation of Roanoke Regional Airport, including facilities for commercial airline operations, air cargo, general aviation, and an appropriate range of retail and service uses that serve airport customers, and to permit transportation-related and operations-related activities, large-scale research and development and office uses, and certain manufacturing uses in the immediate vicinity of the airport that are compatible with or supportive of the airport facilities whether or not directly airport related. (b) Applicability. (I) The AD District shall apply to those properties owned by the Roanoke Regional Airport Commission and certain properties immediately adjacent to and in the vicinity of the airport that should be used for airport-supportive or airport-related uses. O-Amending 36.2-Zoning.doc 22 (2) The development of properties in the AD District that are owned by the Roanoke Regional Airport Commission and are contiguous to one another shall be exempt from the following regulations: (A) The dimensional standards setforth in Section 36.2-323; (B) The sign regulations set forth in Article 6, Division 6, of this Chapter; and (C) The landscaping and screening regulations set forth in Article 6, Division 4, of this Chapter. (3) Nothing in this Subsection shall be construed to exempt properties owned by the Roanoke Regional Airport Commission that are located within the AD District from the zoning amendment procedures and zoning permit requirements as set forth in Sections 36.2-540 and 36.2-522. Sec. 36.2-322. Use table for Industrial Districts. District I-I 1-2 AD Supplemental Re1!ulation Section Accommodations and Group LivinJ! Uses Hotel or Motel P Commercial Uses: Office and Related Uses Business - service establishment, not otherwise P listed Emplovment or temporary labor service P Financial institution P P , Laboratory, dental, medical, or optical P P P Laboratory, testing and research P p P Office, general or professional P Office, f!eneral or professional, larf!e scale P P Commercial Uses: Miscellaneous Animal hospital or veterinary clinic, no outdoor P pens or runs Animal hospital or veterinary clinic, with S outdoor pens or runs Caterer, commercial P Drive- through facility P 36.2-409 Kennel, no outdoor pens or runs P Outdoor advertisinf! sif!n P P 36.2-675 Pet crematorium P Studio/multimedia production facility P Commercial Uses: Retail Sales and Service O-Amending 36.2-Zoning.doc 23 District 1-1 1-2 AD Supplemental Rellulation Section Bakery, confectionary, or similar food P production, Retail Building supplies and materials, retail P P Car wash, not abuttin~ a residential district P 36.2-406 Car wash, abutting a residential district S 36.2-406 Commercial motor vehicle rental establishment P Commercial motor vehicle sales and service P 36.2-407 establishment, new Commercial motor vehicle sales and service P 36.2-407 establishment, used Contractor or tradesman's shop, general or P P special trade Dry cleanin~ and laundry pick-up station P Dry cleaning plant or commercial laundry P Gasoline station P 36.2-411 General service establishment, not otherwise P listed Janitorial services establishment P Lumber yard P P Manufactured or mobile home sales P Motor vehicle rental establishment, without P P inventory on-site Motor vehicle rental establishment, with P P inventory on-site Motor vehicle repair or service establishment P P 36.2-419 Nursery or ~reenhouse, commercial P Recreational vehicle or boat sales P Retail sales establishment, not otherwise listed P P Stora~e buildin~ sales P Industrial Uses Asphalt or concrete plant S Bakery, confectio nary, or similar food P P production, Wholesale Biosolids field S Buildin~ supplies and materials, wholesale P P P Commercial printing establishment P P P Composting facility S Contractor's shop, heavy construction P P Dairy products, processing, bottling, and P P wholesale distribution Electrical component assembly, wholesale P P P distribution Fuel oil distribution S P O-Amending 36.2-Zoning.doc 24 District I-I 1-2 AD Supplemental Rel!ulation Section Fuelin}:! station, commercial or wholesale P .P Junk yard S S 36.2-414 Manufacturing: Beverage or food processing, P P excluding poultry and animal slaughtering and dressing Manufacturing: Chemical, refining or S processing, including the manufacture, refining or processing of ammonia, bleach, bluing, calcimine, chlorine, corrosive acid or alkali, dyes, fats, fertilizer, gutta percha, gypsum, lampblack, oils, oxygen, paints, plaster of Paris, potash, rubber, shellac, tar, turpentine, vinegar, yeast Manufacturing: Chemical, refining or P P processing, not otherwise listed in this table Manufacturing: General, not otherwise listed in P P P this table Manufacturing: Steel or metal production, S P P fabrication, or processinJ! ManufacturinJ!: Wood products P Meat packing and poultry processing S Milling or feed and flour mills S S Motor vehicle or trailer paintin}:! and body revair S P 36.2-418 Quarry S RecyclinfZ center S S 36.2-414 Tire recapping S Towing service P P 36.2-430 Weldin}:! or machine shov P P Workshop P P P Wrecker yard S S 36.2-414 Warehousinfi: and Distribution Uses Distribution center, not otherwise listed P P P Mini-warehouse P P P 36.2-415 Storage of commercial motor vehicles P P Storage of motor vehicles for rental (no on-site P P rental or leasing facility) Tank farm, petroleum bulk station and terminal, S or other above ground storage of flammable liquids Warehouse P P P Assembly and Entertainment Uses Amusement, cominercial, outdoor P Eating establishment p P O-Amending 36.2-Zoning.doc 25 '" District I-I 1-2 AD Supplemental ReJ!ulation Section Eating and drinking establishment, not abutting P P a residential district Go-cart track S Paint ball facility, outdoor S Recreation, indoor P Public, Institutiona~ and Community Uses Artist studio P Community garden P P P Educational facilities, business school or P P nonindustrial trade school Educational facilities, industrial trade school P P Fire, police, or emergency services P P Government offices or other government facility, P P not otherwise listed Military reserve or National Guard center P P Post office P P Supply pantry P Training facility for police, fire, or emergency P P services Transportation Uses Airport or airport-related commercial and P personal service uses Bus maintenance, including repair and storage P P Limousine service P P P Motor freight terminal or truck terminal P P P Parking lot facility P ParkinR, off-site P P P 36.2-652 Railroad freight yard, repair shop, and P marshallinz yard Taxicab business P P P Utility Uses Broadcasting studio or station P Broadcasting tower S S 36.2-432 . Hazardous materials facility S Utility distribution or collection, basic P P P Utility distribution or collection, transitional P P S Utility generation or treatment P Utility maintenance and service facility P P Wireless telecommunications facility S P S 36.2-432 Wireless telecommunications facility, stealth P P P 36.2-432 A~ricultural Uses Agricultural operations , S S S Animal shelter P P O-Amending 36.2-Zoning.doc 26 District 1-1 1-2 AD Supplemental Regulation Section Accessory Uses Accessory uses, not otherwise listed in this Table P P P 36.2-403 Outdoor storage P P P 36.2-423 Portable storage container , P P 36.2-403 Recycling collection point P 36.2-403 Resident mana~er apartment P P 36.2-403 Temporary health care structure Wind turbine, commercial P P 36.2-403 Wind turbine, small P P P 36.2-c403 "P" indicates a use permitted as of right. "S" indicates a use permitted only by special exception. A blank cell indicates the use is not permitted. Sec. 36.2-323. Dimensional regulations for Industrial Districts 1-1 1-2 AD Lot area Minimum 10, 000 20,000 20,000 (square feet) Maximum None None None Lotfrontage Minimum 100 100 100 (feet) Maximum None None None Front yard Minimum 0 0 0 (feet) , Maximum 30 None None Side yard minimum (feet) 0 0 0 Rear yard minimum (feet)' 0 0 0 Accessory structure minimum setback from rear 0 0 0 and side lot lines (feet) Height maximum (feet) 40 60 60 Floor area rqtio maximum 2.0 2.0 2.0 Impervious surface ratio maximum (percentage of 90 90 70 lot area) Minimum Parkinf!. requirement applies Yes Yes Yes Minimum tree canopy (percentage of lot area) 10% 10% 0% A numeric entry means the dimension shall apply based on the unit of measurement indicated. "Yes" means the requirement applies. "No" means the requirement does not apply. "None" means there is no requirement. DIVISION 4. PLANNED UNIT DEVELOPMENT DISTRICTS. Sec. 36.2-324. Purpose of planned unit development districts. (a) The purposes of the MXPUD District are to encourage the orderly development of mixed residentiallcommercial sites and to encourage innovative development patterns that create a desirable environment, particularly for lots which O-Amending 36.2-ZoniIlg.doc 27 contain a number of constraints to conventional development. These regulations are designed to achieve the following objectives: (1) promote efficient use of land and infrastructure through high quality urban design; (2) promote a development pattern in harmony with existing development and the objectives of the City's Comprehensive Plan; (3) permit a compatible mix of commercial and residential uses,' (4) provide safe, efficient access and traffic circulation; (5) create opportunities to use new technologies in managing the quality and quantity of storm water; and (6) encourage the preservation of steep slopes, floodplains, historic structures and areas, and unique, natural, or geological formations. (b) The purposes of the INPUD District are to encourage harmonious development of institutional uses and mixed-use campus developments, to provide flexibility for creative development, to minimize potential negative impacts of institutional uses on neighboring uses, and to recognize the special complexity and interrelationships of land uses and activities in these institutional complexes. (c) The purpose of the IPUD District is to encourage the orderly development of uses which require an integration of large-scale office, research, commercial, and manufacturing facilities in separate structures, designed as a unit, in a campus-like environment. This district encourages flexibility in design, promotes the appropriate use of land, facilitates the adequate and economic provision of streets, utilities, and other improvements, and preserves and enhances the natural and scenic qualities of open space. Development standards for the mutual protection of uses in the district, adjacent districts, and the City are provided. Sec. 36.2-325. Applicability o/planned unit development districts. Any area zoned to a Planned Unit Development District by the adoption of this Chapter shall be exempt from the development standards and the procedural requirements setforth in Section 36.2-326 at the time of the adoption of this Chapter. Any development of such area after the effective date of this Chapter shall comply with the use regulations, development standards, and procedural requirements of this Chapter. 36.2-326. Procedural requirements/or planned unit development districts. Applications to establish a Planned Unit Development District or amend the development plan of Planned Unit Development District shall include a proposed development plan, drawn to scale, containing the following information and necessary explanatory materials: (a) Boundaries of the location of the proposed District and the ownership of properties contained therein, as well as all existing public and private streets, alleys, and easements within and immediately adjacent to the district; (b) Location, size, and use of existing buildings and the location, size, and use of proposed buildings or additions to existing buildings; O-Amending 36.2-Zoning.doc 28 (c) Location of all existing parking facilities and the approximate location of all proposed surface parking lots or parking structures, including the number of parking spaces for each lot or structure and all existing and proposed means of access to parking areas and to public or private streets, alleys, and easements; (d) Proposed changes in the location, width, or character of public streets, alleys, or easements within and adjacent to the district, and the delineation of any private driveways or loading spaces that intersect with public rights-ol-way or easements and the delineation of routes for emergency vehicles accessing the district; (e) buildings; Existing and proposed pedestrian routes, including links between various (f) General use of major existing and proposed open spaces within the site and specific features of the development plan, such as screening, buffering, or retention of natural areas, which are intended to enhance compatibility With adjacent properties, and calculations of the percentage of usable open space for the district; (g) Infrastructure plans indicating the size and location of existing and proposed storm water, sanitary sewer, and water lines as well as estimates of impacts of the proposed development on infrastructure capacity in the district and impacts on collector lines immediately outside of the district; and (h) Information to demonstrate the compatibility of all structures with the character and appearance of the surrounding neighborhood by virtue of the structures' height, bulk, and location within the Planned Unit Development District. 36.2-327. Use tablefor planned unit development districts. Supplemental MXPUD INPUD IPUD Regulation Section Residential Uses Dwellinz, sinzle-family attached P Dwelling, single-family detached P Dwellinz, two-family P Dwelling, multifamily p P Dwelling, townhouse or P 36.2-431 rowhouse Accommodations and Group Living Bed and Breakfast p P 36.2-405 Dormitory P Group care facility, congregate P P 36.2-412 home, elderly, O-Amending 36.2-Zoning.doc 29 Supplemental MXPUD INPUD IPUD Regulation Section Group care facility, congregate P 36.2-412 home, not otherwise listed Group care facility, group care P 36.2-412 home Group care facility, halfway P 36.2-412 house Group care facility, nursing P P 36.2-412 home Group care facility, transitional P 36.2-412 living facility GrOUTJ home P P Hotel or Motel P P Commercial Uses: Office and related Uses Blood bank or plasma center p Business service establishment, P P P not otherwise listed Financial institution P P P Laboratory, dental, medical, or P P P optical Laboratory, testing and research P P Medical clinic P P Office, general or professional P P P Office, general or professional, P P P large scale Outpatient mental health and S substance abuse clinic Commercial Uses: Miscellaneous Animal hospital or veterinary P clinic, no outdoor pens or runs Caterer, commercial P Community market P Drive-through facility p p P 36.2-409 Drive-through kiosk P 36.2-409 Live-work unit P P 36.2-416 Mixed use building P P 36.2-416 Studio/multimedia production P P P facility Commercial Uses: Retail Sales and Service Bakery, confectionary, or similar P P P food production, Retail Building supplies and materials, P P P retail O-Amending 36.2-Zoning.doc 30 Supplemental MXPUD INPUD [PUD Regulation Section Contractor or tradesman's shop, P P P general or special trade Dry cleaning and laundry pick-up P P P station Dry cleaning plant or P commercial laundry General service establishment, P P P not otherwise listed Laundromat P P Lumber yard P Motor vehicle rental P establishment, without inventory on-site Motor vehicle rental P establishment, with inventory on- site Nursery or greenhouse, P commercial Personal service establishment, P P not otherwise listed in this table , Pet ~roomin~ P P Retail sales establishment, not P P P otherwise listed Industrial Uses , Bakery, confectio nary, or similar P foodvroductio~ Whoksak Building supplies and materials, P wholesale Commercial printing P establishment Contractor's shop, heavy P construction Dairy products, processing, P bottling, and wholesale distribution Elec~ical compOnent assembly, p wholesale distribution Fuel oil distribution P Fueling station, commercial or P wholesale Manufacturing: Beverage or food p processing, excluding poultry and animal slaughtering and dressing " O-Amending 36.2-Zoning.doc 31 Supplemental MXPUD lNPUD [PUD Regulation Section Manufacturing: Chemical, P refining or processing, , not otherwise listed in this table Manufacturing: General, not P otherwise listed in this table Manufacturing: Steel or metal P production, fabrication, or - processing Milling or feed and flour mills P Welding or machine shop P Warehousing and Distribution Distribution center, not otherwise P listed Warehouse P Assembly and Entertainment Uses Amphitheater P P Amusement, commercial, indoor P Botanical garden or arboretum P P Club, 'lodge, civic, or ,social P P organization Community center P P Eating establishment P P P Eating and drinking P P P establishment, not abutting a res.idential district Eating. and drinking P P P establishment, abutting a residential district Entertainment establishment, P P P abutting a residential district Entertainment establishment, not P P. P abutting a residential district Golf course P Health and fitness center P P Meeting hall P P Park or playground P P Place of worship P P Recreation, outdoor P P Sports stadium, arena, or P coliseum Public; Institutional, and CommunitY Uses Aquarium or planetarium P Artist studio P P P O-Amending 36.2-Zoning.doc 32 Supplemental MXPUD INPUD IPUD Regulation Section Community food operation P Community garden P P P Day care center, Adult P P Day care center, child P P 36;2-408 Day care home, child P P Educational facilities, business P p\ P school or nonindustrial trade school Educational facilities, P collefle/universitv Educational facilities, P elementary/middle/secondary Educational facilities, industrial P trade school Educationalfacilitie~ school for P P the arts Fire, police, or emergency P services Government offices or other P P government facility, not otherwise listed Hosvital P Library P P Military reserve or National P P Guard center Museum P P Post office P P SuPVly vantry P Training facility for. police, fire, P P or emerflency services Transportation Uses Bus maintenance, including P repair and storage Motor freight terminal or truck P terminal Parking, off-site P P P 36.2-652 Taxicab business P Utility Uses Broadcastinfl studio or station P P Broadcasting tower S S 36.2-432 Hazardous materials facility S S Utillty distribution or collection, P P P . basic O-Amending 36.2-Zoning.doc 33 Supplemental MXPUD INPUD IPUD Regulation Section Utility distribution or collection, S P P' transitional Utility maintenance and. service P " facility Wireless teleco mmunications P P P 36.2-432 facility Wireless telecommunications P P P 36.2-432 facility, stealth . A1{ricultural Uses Aflricultural operations P P P Accessory Uses Accessory uses, not otherwise P P P 36.2-403 listed in this Table Accessory apartmen,t> S P 36.2-402 Home occupation, excluding P P 36.2-413 personal service Home occupation, personal P P 36.2-413 service Outdoor recreation facility S S 36.2-403 lighting or sports stadium lightinfl Outdoor storage P 36.2-423 Portable storafle container P 36.2-403 Recycling collection point P 36.2-403 Resident manager apartment P P 36.2-403 Temporary health care structure Wind turbine, commercial S S S 36.2-403 Wind turbine, small S S S 36.2-403 "P" indicates a use permitted as of right "S" indicates a use permitted only by special exception. A blank cell indicates the use is not permitted. 36.2-328. Dimensional regulations for Planned Unit Development Districts. District MXPUD INPUD IPUD Minimum size of district (acres) None 2 5 Minimum lot area per dwelling unit (square 1,800 1,800 None feet) Lot area minimum (square feet) Specified on the development planfor the district Lot frontage minimum (feet) Front yard minimum (feet) Side yard minimum (feet) Rear yard minimum (feet) Height maximum (feet) O-Amending 36.2-Zoning.doc 34 District Usable open space ercentage of lot area) Accessory structure minimum setback from rear and side lot lines (feet) Minimum Parkin re uirement Impervious surface ratio maximum (percentage 80 80 o lot area Minimum tree canopy ercentage of lot area) 15 10 A numeric entry means the dimension shall apply based on the unit of measurement indicated. "Yes" means the requirement applies. "No" means the requirement does not apply. "None" means there is no requirement. 80 10 I Sec. 36.2-329. Reserved DIVISION 4. USE MATRIX and Sec. 36.2-340, Use Matrix, is combined, renamed ''Use Tables," and renumbered in new Division 1, Residential Districts, Division 2, Multiple Pm:pose Districts, Division 3, Industrial Districts, and Division 4, Planned Unit Development Districts, of Article 3, Regulations for Specific Zoning Districts, above. DIVISION ~ 5. OVERLAY DISTRICTS * * * Sec. 36.2-332. Neighborhood Design Overlay District (ND). * * * ( c) Design standards. In considering an application for a zoning permit, the Zoning Administrator shall apply the following standards for construction of, an addition to, or the exterior modification of a dwellitig in the Neighborhood Design O~/cr1ay ND District -(ND1: (l) Building location and massing: (A) The required front yard shall be determined by Section 36.2 205(f)(2)(A) and (B) the regulations of the applicable base zoning district. [Remainder ofthis section remains unchanged] * * * Sec. 36.2-403. Accessory uses and structures. *** (b) General standards. O-Amending 36.2-Zoning.doc 35 *** (6) The cumu1ati~le square fOotage of all accessory structures, excluding outdoor tennis courts, in ground S".~;imming pools, arbors, and trellises shall not exceed fOrty (10) percent of the gross floor area of the principal structure, provided that fOr purposes of such calculation, basement areas which are not considered a story above grade plane, as dermed and determined by the Virginia UnifOrm Statewide Building Code, and Uflrmished attics shall not be included in the gross floor area . of the principal structure. (6) Accessory buildings shall be subject to these maximum size and height standards: . (A) The building footprint of any accessory building shall not exceed 75% of the buildingfootprint of the principal building. (B) The cumulative building footprint of all accessory buildings on the parcel skall not exceed the buildingfootprint of the principal building. . (C) The maximum height of any accessory building shall be less than the height of the principal building. However, this maximum height shall not apply to any wind turbines, which are instead subject to the maximum heights specified in Section 36.2-403(m). *** (c) Setbacks and spacing standards, general. Except for fences, '.valls, arbors, trellises, or outdoor light support structures, or as otherwise provided in this section, the following setback and spacing requirements shall apply to accessory structures: (1) Aceessory structures shall be located no closer than fi~/e (5) feet to a rear or side lot line, except as provided in subsection (f), belo\-v. (2) Accessory structures shall be located no closer t{) any street than the principal building, except as set fOrth in subsections (/\) and (B) below, provided such exccptions set forth in (A) and (B) belo'l; shall not apply to refuse dumpster enclosures. (A) In the case of any comer lot with more than two (2) street frontages or any . through lot, such requirement shall apply to only one (1) street, provided no accessory structure shall be located closer than five (5) feet to any such lot line abutting a street; or (B) In the case of any comer lot 'Nith two (2) street frontages, such requirement shall not apply to a second front yard, provided.no accessory structure shall be located closer than five (5) feet to such front lot line. (3) ,^..ccessory structures shall be located no closer than six (6) feet to a principal structure or another accessory structure. . O-Amending 36.2-Zoning.doc 36 (c) Setbacks. Except for fences, walls, arbors, trellises, or outdoor light support struCtures, or as otherwise provided in this Section, ac~essorystructures, other than refuse dumpster enclosures, shall be located n.o closer to any street than the principal building, except: (1) In the case of any corner lot with more than two (2) street frontages or any through lot, such requirement shall apply to only one (1) street. (2) In the case of any corner lot with two (2) street frontages, such requirement shall not apply to a second front yard. * * * (f) Garages or carports, detached. Minimum setbacks fOr detached garages or carports shall conform to subsection ( c), above, exccpt that the minimum setback rcqukcrnent .from a lot line abutting an improved alley shall be three (3) feet. [Subsections (g), (h), (i), (j), and (k) of Section 36.2-403 are relettered (f), (g), (h), (i),and (j), respectively, but are otherwise unchanged.] *** tlf(k) . Portable storage containers. Portable storage containers shall be permitted by right as accessory uses as set forth in Section 36.2 340, Use Matrix, the Use Tables in Article 3 of this Chapter, subject to the following supplemental regulations:. . [Remainder of this subsection remains unchanged] * * * (l) Temporary faniilv health care structures. Temporary family health care structures shall be subject to thefollowing supplemental regulations: (1) Occupancy of the structure shall be limited to one mentally or physically impaired person who, for the purposes of this Section, shall be deemed to be a person who requires assistance with two or more activities of daily living, as defined in Section 63.2-2200 of the Code of Virginia (1950), as amended, and as certified in writing by a p~ysician licensed by the Commonwealth of Virginia; (2) The structure shall not exceed 300 square feet in gross floor area; (3) Placement on a permanent foundation shall not be permitted; (4) Only one such structure shall be permitted on a lot; and O-Amending 36.2-Zoning.doc 37 (5) Any such structure shall be removed within thirty (30) days of such time as the mentally or physically impaired person is no longer receiving the assistance of a caregive~ . (m) Wind turbines. Wind turbines shall be exempt from any height limitation for principal or accessory structures and shall be subject to the following supplemental regulations: (1) Commercial wind turbines. (A) Freestanding turbines shall use a monopole support that is designed to support itself without the use of guy wires or other stabilization devices. (B) The height of a freestanding turbine shall not exceed one hundred twenty (120) feet in overall height, including the blades. (C) The overall height, including the blades, of a roof-mounted turbine shall not extend more than sixty (60) feet above the roof of the structure on which the turbine is mounted. (D) Horizontal axis turbines shall have a maximum blade diameter of thirty (30) feet. Vertical axis turbines shall have a maximum blade diameter of thirty (30) feet and a maximum turbine height of thirty (30) feet (2) Small wind turbines. (A) The turbine shall be mounted on a principal or accessory structure. (B) The height of the turbine, including blades, shall not extend more than twenty (20) feet above the roof of the structure on which !t is mounted. (C) Horizontal axis turbines shall have a maximum blade diameter of fzfty- four (54) inches. Vertical axis turbines shall have a maximum blade diameter of fzfty-four (54) inches and a maximum turbine height of fzfty- four (54) inches. * * * Sec. 36.2-410. Fences, walls, arbors, and trellises. * * * (b) Fence and wall standards. * * * (2) No fence located in.an area as set forth in subsections (A) and (B) below shall be a solid fence, unless otherwise required by this Chapter. Lattice, open wire, or any O-Amending 36.2-Zoning.doc 38 other fence type with fifty (50) twenty-five (25) percent or more open area shall be permitted: (A) On a lot with only one (1) lot frontage: Between the building line and the lot frontage; or (B) On a lot with more than one (I) lot frontage: Between the building line on which the principal entrance to the building is situated and the lot frontage which it faces. (3) The maximum height for fences and walls shall be based on the following schedule: Zoning Location on Lot Maximum District Height of Fence or Wall RA, R-12, R-7, R-5, R- On a lot with only one (1) lot frontage: between the ~ 3, RM-l, RM-2, RMF, building line and the lot frontage; or 42 inches IN, MX, MXPUD On a lot with more than one (1) lot frontage: between the building line on which the principal entrance to the building is situated and the lot frontage which it faces [Remainder ofthe table and section remains unchanged] * * * Sec. 36.2-413. Home occupations. * * * (c) Prohibited home occupations. The following uses shall be specifically excluded as home occupations or personal service home occupations: motor vehicle rcpair or service; appliance rcpair, machine shop, welding shop, escort service, landscape or la'l;n service operation, furniture refinishing or upholstery, sign making, and special trade contractors who are engaged in metalworking or cabinetmaking. *** ( e) Specific standards for home occupations as permitted . accessory uses. Home occupations, except those defined as personal service home occupations, shall be permitted as accessory uses as set forth in the Use Matrix in Section 36.2 310, Use O-Amending 36.2-Zoning.doc 39 Tables in Article 3 of this Chapter subject to the general standards set forth in subsection (d), above, and the following additional standards: [Remainder of this subsection remains unchanged] * * * (f) Specific standards for personal service home occupations. Personal service home occupations shall be permitted as accessory uses as set forth in the Use Matrix in Section 36.2 310, Use Tables in Article 3 of this Chapter subject to the general standards for all home occupations set forth in subsection (d), above, and the following additional standards: [Remainder of this subsection remains unchanged] * * * (g) Svecific standards for certain tY..TJes of home occupations. (1) Home occupations relating to landscaping or lawn services may operate as a home occupation if the home occupation is used only for office functions. (2) Home occupations relating to repair and service on motor vehicles, applianc~s, or similar goods, may operate as a home occupation, if the home occupation is used only for office functions. *** Sec. 36.2-416. Mixed use buildings and live-work units. * * * (b) Mixed-use buildings and live-work units. Mixed-use buildings and 1ive- work units, as permitted by this Chapter, shall comply with the following standards: Development standards Mixed-use Building Live-work units Location criteria Where permitted by the gge Wh~epermittedbytM~ Matrix of the applicablc Matrix of the applicable z{)ning district Use Tables in zoning district Use Tables in Article 3 of this Chapter. Article 3 of this Chapter. Types of land uses allowed Residential One or more Residential One or more dwelling units; Uses permitted dwelling units; Uses permitted ill the applicable zonmg ill the applicable zonmg district. district. O-Amending 36.2-Zoning.doc 40 Permitted density or intensity No density restrictions apply. Seesubsection (c), below. The The building is s-ubject to the building IS subject to the dimensional requirements of' dimensional requirements of the Dimensional Matrix for the Dimensional MatrUl for Subject to the density and Subject to the density and intensity requirements of the intensity requirements of the applicable zoning district. applicable zoning district. Distribution of uses by floor: Uses permitted on first Nomesidentia1 uses permitted Nomesidentia1 uses permitted floor ill the applicable z<ming m the applicable zonmg district, l}xccpt that any district. (Residential uses may residential use permitted be located to the rear of the \ within the MXPUD district is principal building.) permitted on the first floor of a mixed use building 'lIithin the MXPUD district. Uses permitted on second Residential dwelling units; Residential dwelling units; floor Uses permitted m the Uses permitted ill the applicable zoning district. applicable zoning district. Uses permitted above Residential dwelling units; Residential d~.~:el1ing units; second floor Pm fcssio 001 or general Uses permitted ill the offices. applicable zoning distrid. c) Mix of uses and density for li':e '.~/Or1C units. Where live work units are permitted by this Chapter, live work units shall comply \vith the f{)llov:ing residential density and ratio of uses standards: Maximum (minimum lot area Density Ratio required to of Residential Nonresidential Floor Floor Space Space M ~ *** Sec. 36.2-425. Parking or storage of recreational vehicles, motor homes, boats, campers, or trailers. * * * (b) No motor home, boat, truck camper, inhabitable bus, recreational vehicle, travel trailer, boat trailer, or other trailer, not including a trailer which is used, designed, or maintained for the transportation of property for compensation or pmfit, shall be O-Amending 36.2-Zoning.doc 41 parked, stored, or left standing on any street or alley located in a residential district or in a . eN or MX District,. except for motor homes, recreational vehicles, or travel trailers which may be parked or left standing on such street or alley for up to but not exceeding sevefl: fltten (10) calendar dayg.~ within any three (3) month period. *** Sec. 36.2-429. Temporary uses. *** (d) Portable storage containers. The provisions of this Section shall apply to the p1ac~ment, location, erection, or relocation of any portable storage container, except 'as provided in Section 36.2-429(b) or for those portable storage containers which are permitted as accessory uses as set forth in the Use Matrix Tables in Article 3 of this Chapter. Portable storage containers shall be permitted as temporary uses as set forth in Table 429-1, subject to the following additional standards: [Remainder of this subsection remains unchanged] *** (e) Public events. For purposes of this section, a temporary "public event" means an event, series of events, or organized activities for a historical, social, educational, cultural, or special theme, held for a limited period of time and open to the public. Temporary public events shall include, without limitation, carnivals, festivals, exhibits, outdoor dance, fundraisers, fairs, and concerts. Temporary public Public events, including associated temporary structures such as tents, shall be permitted as set forth in Table 429-1, prcrvided except that: (1) The following public events shall be exempt from the requirements of a zoning permit: (A) Events that use no tents or air supported structures that: (i) Cover an area greater than 900 square feet, or (ii) Have an occupant load greater than 50 persons. (B) Events that use no temporary structures greater than 120 square feet in area, (C) Events that are accessory in nature to the primary use of the property on which the event is being held, (D) Events that do not use amusement devices requiring a building permit; and O-Amending 36.2-Zoning.doc 42 (E) Events lastingfour (4) days or less. fl1 (2) No such A temporary structure, including any tent, shall-may be permitted to remain on site for a period longer than of not more than two (2) calendar days following the time period for which the zoning permit for the temporary public event is issued; (2) Sufficient space for parking shall be provided on the site to meet the anticipated needs; * * * Sec. 36.2-621. Applicability. (a) The regulations of this division shall apply to the installation or replacement of any outdoor lighting, including any change in the lighting fixture type, change in the mounting height, or change in the location of the fzxture, in association with: [Remainder of this subsection remains unchanged] * * * Sec. 36.2-623. Defmitions. * * * Flood or spot light: .\fly lamp that incorporates a reflector or a refractor to conceJ?trate the light output into a directed beam in a particular direction. A floodlight is a fixture designed to flood a'lIell defined area vlith light. ,^... spotlight is a lighting assembly designed to direct and concentrate the output of a contained lamp in a specific tightly focused direction (generally a directed beam of less than t'l.'enty five (25) degrees in a particular direotion) '.vith a reflector (or refractor) located external to the lamp. Fully shielded fixture: Lighting fixture constructed in such a manner that all light emitted by the fixture, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part ofthe luminaire, is projected below a horizontal plane ruIHling through the lowest point of the lighting fixture where light is emitted. The lamp or any optical part (a reflector, prismatic lens or a clear nonprismatic lens) is not ',risible at or above a horizontal plane nmning through the lo'llest point on the lighting fixture '.~,rhere light is emitted if it is fully shielded. Shielding de'lices may include internal or extcrna1louvers. House shield. .^... manufacturer pro~/idcd attachment to the lighting fixture '.vhich interrupts and blocks the path oflight emitted from a lighting fixture. Lamp: The light source component of a lighting fixture that produces the actual light, commonly called a bulb. O-Amending 36.2-Zoning.doc 43 .:IL!U:. Lou~:ers: f.. series of baffles designed to shield a light souree from being vieYv~/ed directly ~:/ithin certain angles. .:IL!U:. Replacement of outdoor lighting: .J.\ change oflighting fixture type, or a change to the mounting height or the location 6fthe fucture. Wallpacks: 'Nall mounted lighting fixtures, typically surface moooted on a vertical ~vVall surface, with optical clements (reflectors or refractors) that generally direct a large portion of their light at angles near the horizontal. * * * Sec. 36.2-625. Outdoor lighting standards. (a) Generally. (1) All outdoor lighting shall be fully shielded or located, aimed, and shielded so as not to present glare on abutting lots or streets and to minimize spill light trespassing upward or across lot lines. * * * (3) Vlith the exception of flood or spot lights ~v~/hich shall be subject to subsection (4) belo'll, control of glare and light trespass shall be accomplished through the application of fully shielded fixtures and a dO~vYnward aiming angle of no greater than forty five (45) degrees above straight dO':ln (halfway between straight dov/n and straight to the side). (1) Flood or spot lights shall be permitted only 'vvhcn mounted to buildings, subject to the moootmg heights of Section 36.2 625(c)(2) and (c)(3), and shall be aimed no . higher than forty five (15) degrees abo~/e straight dov/n (halfvlay between straight down and straight to the side). (5) Outdoor lighting shall not be permitted to be located in any buffer yard required by this Chapter. [Subsections 36.2-625 (a)(6) and 36.2-625 (a)(7) are renumbered to be subsections 36.2-625 (a)(3) and 36.2-625 (a)(4), respectively, with no other changes.] (6) (3) Electrical feeds to lighting standards shall roo underground, not overhead. O-Amending 36.2-Zoning.doc 44 (7) (4) Building mounted up lighting is permitted only if the light distribution fr-om. the fixtlH'e is effeeti"fely contained by an overhanging arehitectlH'al element v;hich can functionally contain or limit illumination bey<>nd the roof of the building. Shielding. (b) (1) Any structural part of a fiKture pro'/iding shielding to mitigate or control light trespass or glare in order to ooffif)ly with the regulations of this Division shall be permanently affixed. (2) f..ll canopy lighting shall be recessed so the lens eover is recessed or flush with the bottom. surface (ceiling) of the canopy. Lights shall not be m.Ol:lflted on the top or sides (fascia) of the canopy. (3) (ej (b) Wallpacks shall be fully shielded. Mounting heights. * * * (2) Flood or spot lights Any building-mounted lightresidential dwellings or aeeessory buildings in residential distriets: flood or spot lights attaehed to single family, 1\.'10 family, multifamily, and toy,nhol:lse d-'lIellings or accessory buildings in residential distriets shall be mounted below the roof line. not eKeeoo the height of thc ea~/es. (3) Lighting fixtures mol:lflted to buildings in Ronresidefltial districts: lighting mounted onto bl:lildings in non:residential distriets shall not exceed a height higher than fifty (50) percent of the horizontal distance of the light from the lot line, ex-cept as provided below: (A) Lighting for facades may be mounted at any height equal to, or less than the total height of the structure being illuminated regardless of the horizontal distance to the lot line; and (B) For bl:lildings less then fOrty (10) feet from the lot line, outdoor lighting shall be mounted to the vertical facades or the underside of canopies at a height of sixteen (16) feet or less. * * * Sec. 36.2-644. Overall tree canopy requirements. * * * O-Amending 36.2-Zoning.doc 45 (c) Tree canopy requirements. (1) The planting or replacement of trees on a development site shall be required to the . extent that, at twenty (20) years, minimum tree canopies will be provided as fOllows: specified in the dimensional regulations in Article 3 of this Chapter. I Zoning District Classification Minimum 'T'__ ~ ~ 1 .1..1."'''' CG, CLS, I I, I 2, MX, IN, INPUD, IPUD 10% of entire deyelopment site RM 2, RMF 1 f\0 / ~ 1 1 n~~~ V~ ,~- ~- v.._ R 3, RM 1, M:xPUD 15% of entire dC~/elopment site Rf.., R 12, R 7, R 5, ROS "'1(\0/ - . n~~;'" ....v 'u V.I. "'u.~'" * * * Sec. 36.2-652. Minimum off-street parking. (a) Applicability. (l) Where minimum parking is required pursuant to the dimensional regulations of the district, +he the required minimum number of off-street parking spaces shall be provided as set forth in Table 652-2, or as specified on the development plan for a planned unit development district provided the minimum parking space requirements of Table 652 2 shall not apply to the Do'.vntown District (D), the Commercial Neighborhood District (CN), or the Urban Flex District (UF). * * * (g) Off-site parking. Where permitted by right or by special exception, the minimumMinimumoff-street parking requirements of a given use may be met with off- site, off-street parking spaces when, and if, all ofthe following requirements are met. For the purposes of this Chapter, off-site, off-street parking provided in accordance with this Section shall not be subject to the definition o~ or supplementary regulations for, accessory uses or structures. * * * (3) Off site, off street parking shall not be permitted on a lot that is zoned R 12, R 7, R 5, R 3, RM 1, RM 2, or RMF; and [Subsection 36.2-652 (g)( 4) is renumbered to be Section 36.2-652 (g)(3) with no other changes.] (1) (3) Off site, off street parking shall either (i) be located on land in the same ov/ncrship as that of the usc or structure served, or (ll) be subject to an OITSite P01'king Agreement as set fOrth in ,'\ppcndix C, which agreement O-Amending 36.2-Zoning.doc 46 shall be recorded by the property OTT~lner with the Clerk of the Circuit Court and a copy filed with the Zoning f..dministrator. Should the legal agreement terminate, the use fOr T.~/hich off site parking T.~,ras provided shall be considered nonconforming and any and all approvals, including special oxceptions, shall be subject to re~/ocation. Continuation or expansion of the use shall be prohibited unless the use is brought into compliance vlith the parking regulations of this Chapter. [Table 652-2 shall be deleted in its entirety and replaced by Table 652-2, below] Table 652-2. Required Off-Street Parking Spaces. Use Minimum number of parking spaces required Moximum calculated as 1 space for each specified unit. Parkin/! Accessory Uses Accessory uses None N Residential Uses Dwelling, Single-family attached 1.5 dwelling N Dwellin~, Sin~le-family detached None N Dwelling, Two-family 1.5 dwelling unit N Dwelling, Multifamily, Elderly (intended and designed O. 75 dwelling unit N exclusively to house the elderly) Dwelling, Multifamily, other than elderly 1.5 dwelling unit N Dwelling N Townhouse or Rowhouse 1.5 dwelling unit N Dwelling, Manufactured home Not applicable N Dwelling, Mobile home N Accommodations and Group Living Bed and breakfast guest bedroom, plus 2 spaces N Boarding house N Dormitory N Group care facility, Congregate home, Elderly N Group care facility, Congregate home, not otherwise N listed in this table 3 rooms or dwelling units N Group care facility, Group care home N Group care facility, Halfway house N Group care facility, Nursing home N Group care facility, Transitionallivingfacility N Group home, subject to Virginia Code f 15~2-2291 Hotel or motel Room,' add spaces for meeting or Y restaurant area as additional principal uses. Commercial Uses: Office and Related Uses Blood bank or plasma center 300 sf net floor area Y Business service establishment, not otherwise listed in y this table y O-Amending 36.2-Zoning.doc 47 Use Minimum number of parking spaces required Maximum calculated as 1 space for each specified unit. Parkin1! Employment or temporary labor service y Financial institution Laboratory, dental, medical, or optical 1000 sf net floor area N Laboratory, testing and research N Medical clinic 300 sfnetfloor area y Office, general or professional Y Outpatient mental health and substance abuse clinic . y Commercial Uses: Miscellaneous Animal hospital or veterinary clinic 500 sfnetfloor area Y Caterer, commercial Y Community market not applicable Y Drive-through facility Y Drive-through kiosk Y Flea market 500 sf of indoor or outdoor display y area Funeral home 4 seats in largest chapel or viewing y room Kennel 1,000 sfnetfloor area Y Live-work unit 1.5 dwelling unit Y Mixed use building Subject to the requirements of the uses y in the building Outdoor advertisinf! sifln None N Pet crematorium 1,000 sf net floor area Y Studio/multimedia vroductionfacility 500 sfnetfloor area Y Commercial Uses: Retail Sales and Service Bakery, confectio nary, or similar food production, y Retail y Body piercing establishment 300 sfnetfloor area y Building supplies and materials, Retail Business service establishment, not otherwise listed in y this table Car wash 1.5 service bay Y Commercial motor vehicle rental establishment 1,000 sfnetfloor area N Commercial motor vehicle sales and service 5,000 sf of lot area Y establishment, New or Used Contractor or tradesman's shop, General or Special 600 sf net floor area Y Trade Dry cleaning and laundry pickup station 250 sfnetfloor area Y Dry cleaning plant or commercial laundry 500 sfnetfloor area Y Gasoline station None Y General service establishment, not otherwise listed in Y this table 350 sfnetfloor area y Janitorial services establishment y Laundromat O-Amending 36.2-Zoning.doc 48 Use Minimum number of parking spaces required Maximum calculated as 1.sDace for each specified unit. Parkin/{ Lumber yard 1,000 sf net floor area y Manufactured or mobile home sales 500 sf of sales and service building y Motor vehicle rental establishment 1,000 sfnetfloor area N Motor vehicle revair or service establishment 1.5 service bay y Motor vehicle sales and service establishment, New or 750 sfnetfloor area Y Used Nursery or greenhouse, commercial 1,000 sf of indoor floor sales area plus 1 space for every 1,000 sf oj N greenhouse or net outdoor sales and customer display area Personal service establishment, not otherwise listed in 300 sfnetfloor area Y this table Pet grooming 500 sfnetfloor area Y Recreational vehicle or boat sales 1,000 sf net floor area Y Retail sales establishment-Large appliances, furniture, household futures, swimming pools, hot 1,000 sf of retail showroom area N tubs, svas Retail sales establishment, not otherwise listed in this 250 sf of retail area Y table Storage building sales 500 sf of sales building Y Tattoo varlor 300 sfnet floor area y Industrial . All industrial uses 1,000 sf up to 10,000 sf of building area, then 1 space for every 2,000 sf oj N remaining building area Warehousing and Stora1!e Distribution center, not otherwise listed in this table 5,000 sf up to 50,000 sf of building area, then 1 space for every 10,000 sf of N remaining building area Mini-warehouse Not Applicable Storage of commercial motor vehicles Storage of motor vehicles for rental (no on-site rental N or leasingfacility) Tank farm, petroleum bulk station and terminal, or 1,000 sf up to 10,000 sf of building other above ground storage of flammable liquids area, then 1 space for every 2,000 of N remaininf! buildinf! area Warehouse 5,000 sf up to 50,000 sf of building area, then 1 space for every 10,000 sf oj N remaining building area. Assemblv and Entertainment Adult uses 500 sf building area y Amphitheater 6 seats or 600 sf of total assembly area, y whichever is greater O-Amending 36.2-Zoning.doc 49 Use Minimum number of parking spaces required Maximum calculated as 1 space for each specified unit. ParkinJ! Amusement, commercial, indoor 250 sf net floor area y y Amusement, commercial, outdoor 1,000 sf of activity area Y Botanical garden or arboretum Not applicable y Club, lodge, civic, social, or fraternal organization N Community center 300 sf of net floor area Eating establishment N Eating and drinking establishment 100 sf net floor area Entertainment establishment Exhibition, convention, or conference center 8 persons of maximum load occupancy y Gaming establishment 250 sfnetfloor area N Go-cart track 1,000 sf of activity area Y Golf course 0.5 holes Y Health and fitness center 5 persons of maximum load occupancy y Meeting hall 5 persons of maximum load occupancy y Paint ball facility, outdoor 2,000 sf of activity area Y Park or playground, not otherwise listed in this table None N Place of worship 4 seats or per 6 linear feet of bench seating in the portion of the building to y be used for services or the largest assembly room, whichever is greater Recreation, indoor-Bowling alley 0.5 lane y Recreation, indoor-Ice skatin~ or roller skatin~ rink 200 sf of skating area y Recreation, indoor or outdoor-Basketball courts 0.5 court Y Recreation, indoor or outdoor-Battin{? cages 0.5 cage Y Recreation, indoor or outdoor-Skateboarding course 500 sf of skating area y Recreation, indoor or outdoor-Swimming pools 75 sf of water area ~ Y Recreation, indoor or outdoor-Tennis or other O. 75 court Y racquet courts Recreation, outdoor-Athletic fields 2,000 sf field area y Recreation, outdoor-Golf driving ranges 0.75 tee y Recreation, indoor, not otherwise listed in this table 500 sf qf activity area Y Recreation, outdoor, not otherwise listed in this table 1,000 sf of activity area Y Svorts stadium, arena, or coliseum 5 seats y Theater, movie or performing arts 5 seats N Zoo 2,500 sf of display area y Public, Institutional or Community Facilities Aquarium or planetarium 2,000 sf net floor area Y Artist studio 1,000 sf net floor area Y Cemetery None N Community food operation 1,000 sfnetfloor area N Community garden None y O-Amending 36.2-Zoning.doc 50 Use Minimum number of parking spaces required Maximum calculated as 1 space for each specified unit Parkin/! Day care center, Adult 8 persons at permitted by max y occupancy Day care center, Child 8 children at permitted by max y . occupancy Day care home, Child Not applicable N Educational facilities; Business school or 4 students y nonindustrial school Educational facilities, College/university 4full-time equivalent students ' Y Educational facilities, Elementary 0.5 classroom Y Educationalfacilities, Middle 0.5 classroom y Educational facilities, Secondary 7 students Y Educationalfacilities, Industrial trade school 5 students y Educational facilities, Schoolfor the arts 300 sf Y Fire, police, or emergency services 500 sf N Government facility-Jail 20 inmate capacity N Government offices or other government facility, not 300 sfnetfloor area Y otherwise listed in this table Hospital 500 sfnetfloor area Y Library 500 sfnetfloor area Y Military Reserve or National Guard Center 600 sf net{loor area Y Museum 1, 000 sf net floor area Y Post Office 400 sfnet{loor area Y Supply pantry 500 sfnetfloor area Y Traininf! facility for police, fire, or emergency services 600 sf net{loor area Y Transportation Uses and Structures Airport None N Airport-related commercial and personal service uses 300 sfnetfloor area N Bus maintenance, including repair and storage 2,000 sf building area N Bus passenger terminal or station - None Y Limousine service 300 sfnetfloor area of office N Motor freight terminal or truck terminal 5,000 sf up to 50,000 sf of building area, then 1 space for every 10, 000 oj Y remaining building area Railroad freight yard, repair shop, and marshalling 5,000 sf up to 50,000 sf of building yard area, then 1 space for every 10,000 sf oj N building area . Railroad passenger station Non(! y Taxicab business 300 sf net floor area of office N Utility Uses and Structures Broadcastinf! studio or station 300 sfnet{loor area Y Broadcasting tower None N Hazardous materials facility 300 sf office area N Utility distribution or collection, Basic None N O-Amending 36.2-Zoning.doc 51 Use Minimum number of parking spaces required Maximum calculated as 1 space/or each specified unit Parkin/! Utility distribution or collection, Transitional None N Utility generation or treatment 300 sf office area N Utility maintenance and service facility 300 sf office area N Wireless telecommunications facility None N Akriculture Agricultural operations None N Animal shelter 500 sfnetfloor area Y Stable, commercial . 4 stalls y Wildlife rescue shelter or refuf!e area 500 sfnetfloor area of office Y "sf'means the netfloor area in squarefeetfor the principal structure, or use if the use occupies only part of a structure, unless otherwise noted in the table. "Y" means the maximum parking regulations set forth in.Section 36.2-653 shall apply. "N" means the maximum parking regulations shall not apply. * * * Sec. 36.2-654. Off-street parking area standards. * * * Table 654-2. Driveway Widths, Except for Lots Containing Single-Family Detached Dwellings Zoning Districts I-way 2-way Minimum Maximum Minimum Maximum Width Width Width Width (feet) (feet) (feet) (feet);!. R-12, R-7, R-5, R-3, 10 12 18 24 RM-l [Remainder of Table 654-2 remains unchanged except all footnotes in the table are deleted as shown below] ~ .} For dri~,reway 'vVidths for single family dctached d'vvellings, in any zoning district, see Section 36.2 651(f)(l). ~ In any district that has a maximum 'lIidth of thirty (30) f()et for a t'v~iO way drive'vvay, the maximum width 0 f a dri~/cway with a center median shall be forty five (45) feet, pro~:ided the center median is a minimum vv'idth 0 f five (5) feet and is co~:cred v:ith grass or other vegetati~:e groundco':er. D) Maximum driveway widths as set forth in Table 654-2 may be exceeded in accordance with the following provisions: O-Amending 36.2-Zonipg.doc 52 (1) In any district that has a maximum width of thirty (30) feet for a two-way driveway, the maximum width of a driveway with a center median shall be forty-five (45) feet, provided the center median is a minimum width of five (5) feet and is covered with grass or other vegetative groundcover. tB (2)-8tleh An increase in the width of driveways must may be approved by the Board of Zoning Appeals by special exception, pursuant to the provisions set forth in Section 36.2-560; ~ (a) Such increase in the width of driveway shall be permitted only upon the . same lot as the principal use which the driveway is intended to serve; t31 (b) The permitted maximum width of driveway created for any use shall be established by the Board, and such maximum width shall be limited to the required width as clearly demonstrated by the applicant as set forth in (4) below; and t41 (c) The approval of such increase in the width of driveway shall be based on [mdings related to unique driveway and ingress/egress demands created by the operational nature of the use, intensity 0 f utilization unique to the use, distance from property line to edge of pavement, the configuration and width ofthe street being accessed, and the turning radii of motor vehicles used due to the operational nature ofthe use as demonstrated through vehicle wheel path templates. Such documentation shall be provided by the applicant. [Remainder of this section remains unchanged] *** Sec. 36.2-661. Applicability. *** (c) Exemptions. The provisions of this Division, including the requirements for a zoning permit, shall not apply to the following signs, provided that no such sign shall be placed within the public right-of-way or any closer than two (2) feet from a street right-of-way or any closer than five (5) feet from any side or rear property line, and provided further that if such sign is to be placed on a comer lot, it shall be located outside of any sight distance triangle. Exempted signs shall not be included in the maximum permissible number of signs or maximum permissible sign area. Any exempted sign that is to be located in the Historic Downtown Overlay District (B-1) or the Historic Neighborhood Overlay District (B-2) shall be subject to the requirements of Section 36.2-530 if applicable. O-Amending 36.2-Zoning.doc 53 * * * (4) Directional signs not exceeding four (4) square feet in sign area, and four (4) feet in height for freestanding directional signs. * * * (18) Signs located on the inside of an enclosed ball field, amphitheater, stadium or similar facility. * * * Sec. 36.2-668. On-premises signs, generally. Types aDd Dumber of aD premises sigBs. The types,-aflEl number and size of on-premises signs by zoning district shall be permitted as set forth in Table 668-1. [Tables 668-1 and 669-1 shall be amended and combined in a new Table 668-1] Table 668-1 Type, number, and size ofon-oremises siJ!ns. "sf" means square feet, ''If'' means linear feet, "ft" means feet, and "n/a" means not applicable. District Type Maximum Maximum sign area Maximum Maximum Permitted Permitted number of siflns Sien face heieht Characteristics RA None Not Applicable Not Applicable Not Not Not Applicable R-12 Avvlicable Applicable R-7 None Not Applicable Not Applicable Not Not R-3 Applicable Applicable Not Applicable RM-1 Freestanding 1 per lotfrontage 25 sf 25 sf 6ft Identification sign RM-2 only RMF Building- 1 per lotfrontage 25 sf 25 sf n/a mounted MX Freestanding 1 per frontage 0.5 sf per if of lot 32 sf 6ft Illuminated CN frontaze IN Building- I per building 32 sf plus 0.5 sf per if 32 sf n/a Changeable copy ROS mounted face or storefront of building face or UF storefront over 32 lf Freestanding 1 per frontage 1 sf per if of lot 125 sf 25ft Illuminated frontage Building- I per building 32 sfplus I sfper if of None n/a Changeable copy Electronic CG mounted face or storefront building face or readerboard storefront over 32 if Upper-story 1 per building 2% of facade area 300 sf n/a Illuminated face Freestanding 1 per 200 linear 1 sf per if of lot 150 sf 25ft Illuminated CLS feet of lot frontage frontage Changeable copy up to 4 signs Electronic readerboard Building- 1 per building 32 sfplus 1 sfper If of None n/a mounted face or storefront building face or Illuminated storefront over 32 if ~, , co:=py Electronic O-Amending 36.2-Zoning.doc 54 Table 668-1 Type, number, and size of on-premises silIns. "sf" means s uare feet, ''If'' means linear feet, "fi" means feet, and Un/a" means not applicable. DiStrict Type Maximum Maximum sign area Maximum Maximum Permitted Permitted number of sif(ns Sien face heieht Characteristics readerboard Upper-story 1 per building 2% of facade area 300 sf n/a Illuminated face Freestanding 1 per frontage 0.5 sf per if of lot 32 sf 6ft illuminated frontage Changeable copy Public service messafle board Building- 1 per building 32 sfplus 1 sfper if of None n/a illuminated D mounted face or storefront building face or Changeable copy storefront over 32 if Upper-story 1 per building 2% offacade area 300 sf n/a illuminated face Sandwich 1 per storefront 10sf 10 sf and 2.5 n/a Changeable copy board ft maximum : width 1-1 Freestanding 1 per frontage 0.5 sf per if of lot 125 sf 16ft Illuminated 1-2 frontafle AD Building- 1 per building 32 sfplus 1 sfper ifof None n/a Changeable copy mounted face or storefront building. face or storefront over 32 If Determined Determined by Determined by Determined Determined MXPUD by MXPUD MXPUD MXPUD Development by MXPUD by MXPUD illuminated Development Development plan plan Development Development plan olan olan INPUD Freestanding 1 per lotfrontage 0.5 sf per if of lot 60 sf 16ft illuminated IPUD frontafle Changeable copy Building- 1 per building 32 sfplus 1 sfper if of None n/a Electronic mounted face or storefront building face or readerboard storefront over 32 if Upper-story 1 per building 2% offacade area 300 sf n/a face Sec. 36.2-669. Dimensional standards for on premises signs. Changeable copy signs and electronic readerboard signs. In addition to the other applicable regulations set furth in this Division, on premises signs shall meet the dimensional, height, and setback regulations as set forth in Table 669 I. (a) Changeable copy signs shall abut or connect with a static sign face, ,and the changeable copy portion of the sign shall not exceed eighty (80) percent of the overall sign of which it is a part. (b) Electronic readerboard signs shall be subject to these requirements: (1) The electronic readerboard shall be connected to and integrated with a static sign face. O-Amending 36.2-Zoning.doc 55 (2) The electronic readerboard portion of the sign shall constitute no more than forty (40) percent of the total sign area of which it is an integral part. (3) An electronic readerboard in a CG District shall not exceed twenty-five (25) square feet in sign area. (4) The frequency of change of copy shall be established so that each display of copy remains static for at least six (6) seconds before changing to new copy. *** Sec. 36.2-673. Temporary on-premises signs. (a) No temporary sign shall be erected or posted until a zoning permit has been issued pursuant to Section 36.2-664. Zoning permits for temporary on-premises signs shall be limited to two (2) such permits per 365-day period per let-establishment located on the lot. * * * (f) Except as otherwise provided in this sect1ion, temporary signs shall be permitted in accordance with Table 673-1. . [Table 673-1 shall be deleted in its entirety and replaced with a new Table 673-1, below.] Residential Districts districts, districts, development Maximum square footage of sign area per temporary sign (Building mounted or freestanding) Maximum height for temporary free standing sign Not permitted 32 square feet Not permitted 6 feet * * * (j) Except as otherwise provided in this section, temporary on-premises signs shall be attached to a building or building appendage or attached to posts, stakes, or other supports that shall be removed at the time the sign is removed. * ** O-Amending 36.2-Zoning.doc 56 APPENDIX A. DEFINITIONS. * * * Amusement. commercial. indoor: An establishment primarily engaged in the provision of multiple amusement or entertainment devices or machines or games of skill, chance, or scoring to the general public fora fee, where all such activity occurs enclosed in a building. Such games include billiards, pool, table tennis, dartboards, foosball, pinball, video games, and other similar amusement or entertainment devices, whether or not they are coin-operated. Typical uses include pool halls, video arcades, and game rooms. "Indoor commercial amusement" establishments may include accessory uses, such as snack bars, which are designed and intended primarily for the use of patrons of the amusement use. "Indoor commercial amusement" establishments do not include gun- fIring ranges or any use which is otherwise specifically listed in the U so Matrix set forth in Section 36.2 310. Use Tables in Article 3 of this Chapter. Amusement. commercial. outdoor: An establishment primarily engaged in the provision of amusement or entertainment devices or games of skill or scoring to the general public for a fee where any portion of the activity takes place outside of a building, including miniature golf course, archery range, or similar facility. "Outdoor commercial amusement" establishments do not include go-cart or motorcycle courses, raceways, drag strips, overnight camping, or gun-firing ranges, or any use which is otherwise specifically listed in the Use Matrix set furth in Section 36.2 310. Use Tables in Article 3 of this Chapter. * * * Business service establishment: An establishment primarily engaged in the sale, leasing, or repair of office equipment, supplies, and materials, or the rendering of services used by office, professional, and service establishments. Typical uses include office equipment and supply firms, small business machine repair shops, convenience printing and copying establishments, management and consulting services, office security services, advertising and mailing services, data and records storage, and other professional, scientific, or technical services or administrative or support services not otherwise specifically listed in the Use Matrix set furth in Sectjon 36.2 310. Use Tables in Article 3 of this Chapter. * * * Family: The term "family" includes: (1) One (1) or more persons occupying a single dwelling unit and living and cooking together as a single housekeeping unit, or O-Amending 36.2-Zoning.doc 57 (2) Up to and including eight (8) mentally ill, mentally retarded, or developmentally disabled persons who reside with one (I) or more resident counselors or other staff persons in a residential facility for which the Department of Mental Health, Mental Retardation, and Substance .'\buse Services Behavioral Health and Developmental Services is the licensing authority pursuant to the Code of Virginia (1950), as amended. (3). Up to and including eight aged, infirm, or disabled persons who reside with one (1) or more resident counselors or other staff persons in a residential facility for which the Department of Social Services is the licensing authority pursuant to the Code of Virginia (1950), as amended. The word "family" does not refer to more than four (4) persons unrelated by blood, marriage, or adoption except as specifically provided in (2) ofthis defmition. For purposes of this definition, mental illness and developmental disability shall not include current illegal use of or addiction to a controlled substance as defined in Section 54.1- 3401 of the Code of Virginia (1950), as amended. * * * General service. establishment: An establishment primarily engaged in repair or maintenance services to individuals and households, rather than businesses, of household or commercial goods, including appliances, electronics, computers, and similar goods, but excluding "personal service," "business service," or "motor vehicle repair or service" establishments or any use which is otherwise specifically listed in the Use Matrix set furth in Section 36.2 310. Use Tables in Article 3 of this Chapter. * * * Group home (subject to Virginia Code Section 15.2-2291): (I) A residential facility in which no more than eight (8) mentally ill, mentally retarded, or developmentally disabled persons reside, with one (1) or more resident counselors or other staff persons, and for which the Department of Mental Health, Mental Retardation and Substance }..buse Services Behavioral Health and Developmental Services is the licensing authority pursuant to the Code of Virginia (1950), as amended. (2) A residential facility in which no more than eight (8) aged, infirm, or disabled persons reside, with one (1) or more resident counselors or other staff persons, and for which the Department of Social Services is the licensing authority pursuant to the Code of Virginia (1950), as amended. For purposes of this definition, mental illness and developmental disability shall not include current illegal use of or addiction to a controlled substance as defmed in Section 54.1-3401 of the Code of Virginia (1950), as amended. A "group home, subject O-Amending 36.2-Zoning.doc 58 to Virginia Code Section 15.2-2291" IS not considered a "group care facility" for purposes of this Chapter. *** Improved street or improved alley: A street or alley that has a paved surface that conforms to Section ~ 31.1-400 ofthis code. * * * Manufacturing-General: An establishment engaged in the processing, fabrication, assembly, or mixing of materials to create a new product, and the incidental storage, sales, and distribution of such products, but excluding any use or establishment which is otherwise listed specifically in the Use Matrix set fOrth in Section 36.2 310. Use Tables in Article 3 of this Chapter. * * * Personal service establishment: An establishment primarily engaged in the provision of frequent or recurrent needed individual services generally related to personal needs, such as the care of a person or a person's apparel, or the training and development of a person, including barber shops, beauty shops, nail salons, tanning salons, dressmakers and tailors, shoe repair shops, art or music lessons, and the like, but not including medical services, tattoo parlors, or body piercing establishments or any use which is otherwise specifically listed in the Use Matrix set fOrth in Section 36.2 310. Use Tables in Article 3 of this Chapter. * * * Recreation. indoor: The provision ofrecreation facilities which are predominantly participatory uses, and which are located and conducted entirely within a building. Typical uses include tennis or other racquet courts, swimming pools, bowling alleys, ice skating or roller skating rinks, batting cages, paint ball facilities, climbing walls, or similar recreation uses. "Indoor commercial recreation" establishments may include accessory uses, such as snack bars, pro shops, and locker rooms, which are designed and intended primarily for the use of patrons of the principal recreational use. "Indoor recreation" establishments shall not include any use which is otherwise specifically listed in the Use Matrix set fOrth in Section 36.2 310. Use Tables in Article 3 of this Chapter. Recreation. outdoor: The provision of recreation facilities which are predominantly participatory uses, and which are conducted in open or partially enclosed or screened facilities. Typical uses include swimming pools, tennis or other outdoor racquet courts, basketball courts, athletic fields, batting cages, driving ranges, skateboarding courses, or similar recreation uses. "Outdoor recreation" facilities may include any accessory uses, such as snack bars, pro shops and clubhouses, which are designed and intended primarily for the use of patrons of the principal recreational use. O-Amending 36.2-Zoning.doc 59 "Outdoor recreation" facilities shall not include paint ball fields or areas, go-cart or motorcycle courses, raceways, drag strips, overnight camping, or gun-firing ranges, or any use which is otherwise specifically listed in the Use Matrix set furth in Section 36.2 ~Use Tables in Article 3 of this Chapter. * * * Retail sales establishment: An establishment engaged in the sale or rental of goods, merchandise, or products directly to the consumer and including the incidental service of such merchandise. Retail sales establishments include warehouse clubs, grocery stores, florists, convenience stores, department stores, furniture stores, electronics stores, appliance stores, clothing stores, jewelry stores, drugstores, photo finishing services and supplies, picture framing, art galleries, bookstores, shoe stores, automobile parts and supplies store, antique stores, stationery stores, and similar retail establishments but shall not include any use or establishment which is otherwise listed specifically in the Use Matrix set forth in Section 36.2 310. Use Tables in Article 3 of this Chapter. Retail sales establishment-Large appliances. furniture. household fixtures. swimming pools: A retail sales establishment primarily characterized by large showrooms and floor samples, and where the retail sale is generally followed by delivery to the home, and which may include installation of the purchased item. Such establishments include stores primarily engaged in the sale of large appliances such as refrigerators, ovens, washers, and dryers, furniture stores, stores primarily engaged in the retail sale of household fixtures such as bathroom fixtures, carpeting or other floor coverings, or lighting, and the retail sale of swimming pools, hot tubs, or spas. Such retail sales establishment shall not include any use or establishment otherwise listed specifically in the Use Matrix set forth in Section 36.2 310. Use Tables in Article 3 of this Chapter. * * * Temporary familv health care structure: A transportable residential structure, providing an environment facilitating a caregiver's provision of care for a mentally or physically impaired person, and which has been primarily assembled at a location other than the site of installation. The term caregiver means an adult who provides care for a mentally or physically impaired person within the Commonwealth and the caregiver shall be either related by blood, marriage, or adoption to, or shall be the legally appointed guardian of, the mentally or physically impaired person for who care is being provided. * * * Wind turbine. commercial. A device constructed for the purpose of generating supplemental electricity from wind power. Such device may be either freestanding or building-mounted. O-Amending 36.2-Zoning.doc 60 Wind turbine. small. A device constructed for the purpose of generating supplemental electricity from wind power. Such device is intended to be building- mounted. Workshov: An establishment engaged in the assembly, fabrication, or manufacture of materials to create a new product, or the repair of such products, where the activity occurs within a wholly-enclosed building. Such use may include furniture making and repair, cabinetry, assembly of textiles, garment production and repair, assembly of electronics, florists, jewelrymaking, metalwork, or similar activities, and may include the retail sale of goods produced. 2. Pursuant to the provisions of Section 12 ofthe City Charter, the second reading of this 'ordinance by title is hereby dispensed with. ATTEST: - to). · 'h-p1JnJ City Clerk O-Amending 36.2-Zoning.doc 61 CITY COUNCIL AGENDA REPORT To: Meeting: Subject: Honorable Mayor and Members of City Council May 16, 2011 Amendments to Chapter 36.2, Zoning, of the Code of the City of Roanoke (1979), as amended Planning Commission Public Hearing and Recommendation Planning Commission public hearing was held on Thursday, April 21, 2011. By a 6-0 vote (Mr. Williams absent), the Planning Commission recommended approval of the proposed amendments to the Zoning Ordinance. Background The City of Roanoke adopted the current zoning ordinance in December 2005. Since adoption, planning staff has developed periodic amendments to ensure the ordinance remains a relevant tool to implementing the comprehensive plan. Amendments also address issues that arise with experience and ensure the ordinance produces intended outcomes in development. Much of the content of this amendment is reorganization of the text to make the ordinance easier to read and use. There are, however, certain substantive changes as noted in the attachment. A summary of the text amendments is attached. The Planning Commission began discussion of this set of amendments at its December 2010 work session and continued discussion at its January and March 2011 work sessions. The Commission held a public hearing on this item at its March 17, 2010, meeting. The Commission continued the public hearing until April 21, 2011, to allow more time for citizen inquiries and questions. No citizens spoke for or against the proposed amendments at the continued hearing. In addition to the legal advertisements that ran in the Roanoke Times, staff used web postings and e-mail to notify citizens about the amendments: · Bob Clement, Neighborhood Services Coordinator, e-mailed a notice and web link to a list of approximately 600 citizens that includes neighborhood leadership. This notice was sent twice in March and. twice in.April. · Planning staff maintained a posting of the amendments, including a simplified summary, atop the web pages of the Department of Planning, Building, and Development, the Planning Division, and Neighborhood Services since late February. Notice was also posted on the Facebook pages of the department and the Neighborhood Services site. · An e-mail notice was sent to MyRoanoke subscribers, development professionals, Roanoke Regional Homebuilders Association, and sign companies, directing them to the proposed changes and summary. Staff briefed City Council on the amendments at the May 2, 2011, work session. In response to discussion, staff noted issues that warrant further study such as pavement materials in parking areas accessed by alleys (which is not included in the current amendments under consideration) and the proposed height of wind turbines on buildings. Because of the required time frames for publishing legal advertisements precludes significant changes to the regulatory content of the amendments at this point in the process, these items will be reviewed in consideration of future amendment packages, which are typically considered each year. ~~~ Angela Penn, Chair City Planning Commission cc: Chris Morrill, City Manager William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney 2 Summary of April 2011 Zoning Text Amendments -~ .~.. ROANOKE PLANNING, BUILDING and DEVELOPMENt Summary of Zoning Amendments April 2011 See. 36.2-108. Vested riqhts Adds a "significant governmental act" that provides the owner of a property with vested rights for use or development of land. This change is a technical amendment made in response to a change in the Code of Virginia. See. 36.2-201. Establishment of districts. This amendment reclassifies the base districts into four categories: residential, multiple purpose, industrial, and planned unit development. This new categorization results in simplified tables in Article 3. See. 36.2-204. Use regulations. This amendment changes references from "Use Matrix" to "Use Tables." See. 36.2-205. Dimensional Regulations. This amendment consolidates and simplifies how required yards (setbacks) are determined for various types of lots (interior lots, corner lots, through lots, etc). Section 205(f)(2), known as "Infill rules" are deleted here and are being relocated to the district regulations to make them easier to find and use. Article 3. Division 1. Base Districts-Residential. Commercial. And Industrial; and Division 2. Base Districts-Special Purpose Districts; Division 4. Use Matrix. The most significant change to the text of the ordinance is the replacement of Divisions 1, 2, and 4 of Article 3. The amendment creates a new table for each classification that lists the permitted uses in each district. These tables replace the "Use Matrix" which includes ALL districts and is therefore difficult to navigate. The dimensional regulations are organized similarly. Recurring regulations that are repeated are consolidated. The substantive changes in the new Article 3 are summarized below (note that the proposed section numbers are used): 36.2-311. Use table for residential districts · Remove the limit on the number of principal structures in the RA District. · Remove "animal hospital and veterinary c1inic"as a p~rmitted use in the RA District. · Add "small wind turbine" as a special exception use in all residential districts and add "commercial wind turbil1e" as a special exception use in the RA District. · Add "agricultural operations" as a special exception use in residential districts other than the RA district. Summary of April 2011 Zoning Text Amendments . Add "temporary health care structure" as an accessory use in most residential districts. This change is in response to a 2010 Virginia Code change requiring local governments to make provisions for such structures. 36.2-312. Dimensional regulations for residential districts. · Make the minimum lot area per unit 3,500 square feet for all uses in the RM-1 district (currently applies only to duplexes). . Decrease the minimum frontage in the R-1 2 District from 80 feet to 70 feet. · Decrease the minimum front yard in the R-S district from 20 feet to 15 feet. . Decrease the minimum side yard in the R-12, R-7, R-5, R-3, RM-1, RM-2 districts. . Delete the side and rear lot line setback for accessory buildings. 36.2-313. Front yard dimensions for infill development. This new table adapts the regulations currently found in 36.2-205(f), speCifying front yard dimensions for infill development. 36.2-315. Use table for multiple purpose districts. · Add "single-family attached dwelling" as a permitted use in the MX district.. · Add "multifamily dwelling" as a permitted use in the CN district. · Add "community market" as permitted use in the IN and ROS districts. · Add "body piercing establishment" and "tattoo parlor" as permitted uses in the CN, CG, CLS, and D districts. . Add "Laundromat" as a permitted use in the D district. · Add "club, lodge, civic, or social organization" and "meeting hall" as permitted uses in the CN, IN, ROS, and UF districts. - · Add "community center" as a permitted use in the UF district. · Delete "gaming establishment" as a special exception use in the D district. · Add "health and fitness center" as a permitted use in the ROS district. · Add "park or playground as a permitted use in the MX, CN, CG, and CLS . districts. · Add "artist studio" as a permitted use in the D District. · Add "elementary, middle, and secondary educational facilities" as a permitted use in the CN district. · Add "broadcasting studio or station" as a permitted use the CN aistrict. · Add "off-site parking" as a permitted use in the MX, CG, CLS, IN, ROS, and UF districts and as a special exception use in the CN and D districts. · Add "Workshop" as a permitted or special exception use in the CN, CG, CLS, D, and UF districts. · Add "small wind turbine" as permitted or special exception accessory uses to all districts. 36.2-316. Dimensional regulations for multiple purpose districts. · Decrease the minimum lot size from 90,000 s.f. to 43,560 sJ. in the CLS district. · Increase the maximum lot size from 20,000 s.f. to 87,120 s.f. in the CN district. Summary of April 2011 Zoning Text Amendments · Delete the minimum required front yard in the CG and CLS districts. · Add "civic space option" to CN and IN districts. · Delete or reduce minimum side and rear yard depths in the IN and ROS districts. · Establish a maximum building height of 50 feet and 60 feet in the CG and CLS districts, respectively. · Establish a maximum floor area ratio in the CN district. · Delete the off-street parking requirement in the ROS district. · Establish a minimum fa<;:ade treatment of 25% transparency in the MX, CG, CLS, and IN districts. . Applicability of minimum parking. 36.2-317. Civic space yard option This section permits a development to provide civic space in lieu of meeting the maximum front yard depth. This new section consolidates existing regulations into a single section. 36.2-318. Pedestrian access This section provides for pedestrian access from the main entrance to the public sidewalk. This new section consolidates existing regulations into a single section. 36.2-319. Fa<::ade treatment. · Add a requirement that the fa<;:ade treatment be provided on the fa<;:ade upon which the maximum yard requirement is met. 36.2-322. Use table for industrial districts. · Add "retail sales" as a permitted use in the 1-1 and AD districts. · Add "eating and drinking establishment" as a permitted use in the 1-1 district. · Add "commercial wind turbine" as a permitted use in the 1-1 and 1-2 and "small wind turbine" as a permitted use in the 1-1, 1-2, and AD. 36.2-323. Dimensional regulations for industrial districts. · Establish a maximum height of 40 feet and 60 feet, respectively, in the 1-1 and 1-2 districts. · Delete minimum rear yard depth requirement in the 1-2 district. · Delete side and rear setbacks for accessory buildings. 36.2-327. Use table for planned unit development districts. · Change most special exception uses to permitted uses. . Add permitted uses. 36.2-328. Dimensional regulations for planned unit development districts. · Most dimensional regulations established by the approval of the PUD development plan. Summary of April 2011 Zoning Text Amendments See. 36.2-403. Accessory uses and structures. . Amend method for determining maximum size of accessory structures to allow for larger accessory structures. New regulation is based on footprint and height of principal structure rather than its interior finished square footage. · Delete setback and spacing standards for accessory structures, allowing structures to be built up to the side and rear property lines. · Change references from "Use Matrix" to "Use Tables" · Add supplemental regulations for temporary family healthcare structures and wind turbines See. 36.2-410. Fences. walls. arbors. and trellises. Reduce required open area from 50% to 25% and increase maximum height of fences in front yards from 36 inches to 42 inches. See. 36.2-413. Home occupations. Delete repair and landscaping businesses as prohibited home occupations. Allow them where the home is used only for office purposes. See. 36.2-416. Mixed use buildings and live-work units. Change references to "Use Matrix" to "Use Tables" and delete requirements related to the distribution of uses by floor. See. 36.2-425. Parking or storage of recreational vehicles. motor homes. boats. campers. or trailers. Limits the number of days such vehicles may be stored in residential districts within a 3 month period. This amendment is made to address problems with enforcement. See. 36.2-429. Temporary uses. Provide for exemption of certain smaller scale activities and delete the requirement for on-site parking. Article 6. Division 2. Outdoor liqhtinq Amend applicability, eliminate definitions, and eliminate certain specific standards. Simplify the section by removing specific requirements. General authority is retained without being overly prescriptive about specific fixtures that can be used. See. 36.2-644. Overall tree canopy requirements. Create reference to dimensional regulations and delete table indicating required canopy for certain districts. These requirements are relocated to the dimensional regulation tables for each district to simplify reference and improve usability. Summary of April 2011 Zoning Text Amendments See. 36.2-652. Minimum off-street parking Locations where off-site parking is permitted is relocated to dimensional tables. Off-site parking to requires special exception review in CN and D districts. Replace "Table 652-2. Required Off-Street Parking Spaces" to change parking requirements and the bases for calculation for specific uses. The main purpose of this change is to replace number of employees (which can vary) as a basis for determining parking requirement. See. 36.2-654. Off-street parkina area standards. Provide for a maximum width of 2-way driveways in certain residential districts and establish conditions on when maximum driveway widths may be exceeded. Provide for non-residential uses located in residential districts. See. 36.2-661. Applicability. Clarify that the height limit of an exempt directional sign applies to freestanding signs, and exempt signs located on the inside of an enclosed facility (such as a sports stadium). See. 36.2-668 and 669 Types and number of on-premises sians. Restructure two tables into a single table and remove 16 footnotes to improve clarity and ease of administration. The regulatory information regarding changeable copy signs and readerboard signs is established in a new See. 36.2- 669. Changes to this section include substantive amendments: · Prohibition of permitted signs in all residential districts except RM-2 and RMF. The current ordinance permits only signs for group living uses. · Establishing a single maximum sign face in the CG, CLS, 1-1, and 1-2 districts, regardless of frontage. · Establishing a single maximum sign height in the CG district, regardless of lot frontage. · Remove the differentiation between pole and monument signs when determining maximum height. See. 36.2-673. Temporary on-premises siqns. Amend maximum size for temporary signs and establish a maximum height for freestanding temporary signs. Appendix A. Definitions. · Change various references from "Use Matrix" to "Use Tables" · Correct a reference to Chapter 31-90. Subdivisions · Amend definitions of family and group home. Provide definitions for temporary family health care structure, commercial wind turbine, small wind turbine, and workshop. NonCE OF PUBLIC . HEARING The Roanoke Times TheCoun~lIoftheCityof Roanoke will hold a public _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ + _ . hearing on Monday, May._ _ _ _ _ _ _ _ _ _ _ 16, 2011, at 7:00 p.m., or I as soon thereafter as the , If--W'- -It-I- - '., matter may be heard, In the ' we '.ng. un n the RM:1 I Council Chamber fourth District, to reduce thej floor, In the Noel C. Taylor requlre~ I~t frontage in the\ I Municipal Building 215 R-12 DIStllCtto 70 feet; to Church Avenue, S.W., reducethesid~yardsetbacki I Roanoke; Virginia, .to to 3 f.eet. In certain I consider the following: reslden!lal. dlstrlc~; to allow 1.Request from the City of I a~ unlimited num~er of I R:o a n 0 k e P I ann I n g. I prmclp~1 str~ctures m the c.o'inmisslonfc?ame'n'd'l RA Dlstllct~ to allow a 0 fOO,t I Chapter 36.2, Zoning, of the rear and sld~ yard setback Cod e 0 f the C i t Y 0 fl I for access!lry s!ruct.ur~s, in I R 0 a n 0 k e, (1979), as' certain resld~ntlal dlstrl.cts, ; amended, by amending and' to allow slng.le-f~mlly I reordalning, combining and I attach~d d~ellmgs m the renumberlng,oraddlng,the f MX pIS!rlct: to allow I following code sections to I multifamily and townho~se I update, clarify and to make l dwellings In the CN !,Istllct: the City's zoning ordinance I to allow body ple~cmg and I easier to use for its citizens" laundromat use.s In. certain such amendments not commercial dlStllCtS: to I con s tit 'u tin g a . allow c!ubs, lod.ge~, civ!c, comprehensive rezoning or I and soclal.orgamzatlOns In I change of any densities' c!lm.merclal and the UF, unless otherwise noted: ') ~IStIlCt: to allow health~nd. I A.Sec. 36.2-108, Vestedl fitness centers, meetmg rights, to add a certain act! I h a I Is, p a r.k s a.n d, I by an administrative officer' playgro.unds, art!~t .StUdIOS, that will vest rights in' ! educatIOnal facIlities, and I property, as required by I broa.dcasting ~tudlos or I State law; , sta.tlons outllght, and B.5 e c. 3 6 . 2 - 2 0 1 , a~lIcultura.1 operations and: I Establishment of districts, wmd turbines by special. to rename certain of the exc~ption, and .off-site, I City's base zoning districts parkmg as a permitted ~se: and reorganize this section. and as a use by specla I I C.Sec, 36.2-204,Us~' exception 19 c~rtainl regulations, to change the' multipl~ purpos.e .dlstricts: I reference from a "Use to require no m.m.lmum l!lt Matrix" to "Use Tables";, larea per ~esldent!a.1 unit m I D.S e c, 3 6 . 2 _ 2 0 5 , Ithe CLS District; to. Increase, I Dlmensionalregulations, to I~=-~axlm~m '9,t areal move certain regulations to I a table, to renumber and combin.e other I subparagraphs, and to I exempt wind turbines frOm the general height I limitations in Section 36.2-403; I E.Secs. 36.2-310 through. 36.2-315-1 of Division 1, I 8ase Districts-Residential, Commercial, and Industrial" I 'and Secs. 36.2-3201hrough ,36.2-329-1 of Division 2, I [Base Districts-Special, I IPurpose Districts, of Article, :3; Regulations for speciflcj' ,Zoning Districts, by \ \ \ &III'" I I ,combining, renumbering \ ..I 1\ I ^ \, ;, I land placing certain: ..,' ", '\ f"\ IJ'\, r.; ~ "1 ) regulations in table forms to, ..' -s;.\> ........ '''''-1. '... I set forth the purposes, .......".,~. .' ;"\0<1' fl-F\'< ". '.~ ~ applicability, and procedural: :'<.; , \" '\ I requirements of residential, 2 t:rj ... PUB\..\C ... J-:' multiple purpose, industrial, 930 . ~ I airport and planned unit' = : G #7090 : = development districts: to! :: * : ",E. . 'A'A\SS\O~ : < = I allow by special exception _ . N\'f COWIl" . _ .. I' agricultural operations In . , ~'f..?\ ES \, ~ .. I residential districts: to' ~ c> '. ,,- ,\... .: C;; : I I prohibit animal hospitals;" ... 0. '. \'-7 .' ~ ... 1 veterinary clinics and .... ~A" ..'~" ...... I I kennels,. In residential' '... '''70A;........ '0<': ...... districts and to allow wind "" 'vWEAL,'(. \"", I tuf1fines by special "'11 ,\ \" exception, in residential. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ '.1 !.'! _ _ _ _ _ _ _ _ _ _ + districts; to require at least' _ _ _ _ _ _ _ _ _ _ _ -:3,500 squar.e..feet...p.~r. The Roanoke Times Roanoke, Virginia Affidavit of Publication CITY OF ROANOKE, PDV PLANNING, BLDG., DEV 215 CHURCH RM 166 ROANOKE VA 24011 REFERENCE: 80076514 1262 6 8C1~Y CLERr.fYll'\R~1~ p~~r.rmen t s State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of V~"rA~ia. Sworn and subscribed before me this ____t.:).L\'}day of MAY 01 Witness my hand and', official seal. Notary Public PUBLISHED ON: 05/06 05/13 TOTAL COST: FILED ON: 2,770.56 05/13/11 Authorized ~ Signature'__t'~~_ __ Billing Services Representative -1:Sec:-36.2:413~ ~me':1 aiiowedTnaCN'Dlstrlcnai. accupatians, t!J allaw m?tarii 87,120 square feet; ta, vehicle. r~palr. .or ~ervlce", reduce the required frant:i applia.nc.e'repalr, and, I side and rear yard setback. landscap.e'ar,.lay.:n Is~rViCej' requirements In certaih'j o.pe'ratlans 'as hame multiple purpase distrlcis:. -, occupatlans, ta establish. far principal and accessary,. . standards far such uses,; , structures; to create a civic, and to refer ta Use Tables' , space yard aptian In the CN, instead .of a Use l'I!a!rix; i 'I and IN Districts; ta establish,' - J.Sec. 36.2-416, Mixed use, m a x i mum he I g h t, buildings and', live-wark, restrictians In the CG anll, units to refer tarUse Table~1 I CLS Districts at 50 and 60. Inste'ad 9f a Use Matrix, taj' I feet, respectively; ta add a, delete the requirements of" I maximum f1aor area ratio .of distributian .of uses by.flaar'l . 5 ta the, CN District; ta. and ta require mlxedusel . remave minimum parking building and live-work units, requirements in the ROS, , to be subject t.o certain, District; ta establish' density and intensity, minimum graund flaor requirements based upon" fa~ade. transparency,,: the apptlcable zonlng;i requirements in.certain,' district; . '. multiple purpase districts;, ' K.Sec. 36.2-425, Parking, ta allow .outright retai" .or starage .of recreatianal:1 sales, eating and drinking. I vehicles, motor hameS'j establishments, animal, ; boats, campers, .or trailers,. shelters, .off-site parking,; . ta establish a maximum and wind turbines in certain: i number of days in a three. industrial districts; ta' i manth period certain. eliminate frant and rear, , vehicles may be parked in) yard minimum setbacks far; , residential, CN .or MX! principal and accessary I districts; ~ structures in all industrial i LS e c. 3 6 . 2 - 4 2 9 , districts; to establish height,' I j Temparary uses" to refer to. restrictians In the 1-1 District, Use Tables Instead .of a Use, .of 40 feet and 60 feet In: f-I Matrix ta exempt from thel the 1-2 and AD Districts; ta, .requirements .of a zanlngl allaw bed and breakfast permU certain public: ...:ll :accommodatlons,'-certa I n'-events/-and to delete, o'n-site~,- group care faciliti~s,1 'parking requirements far~ caterers, cammunlty, I public events; .! markets, certain retail faad. M.5 e c. 3 6 . 2 - 6 2 1 '! producers, retail building Applicability, to make supplies and materials,: .1 changes ta autdaar lighting' cantractar .or trademan's type height and lacatian'l shops, dry cleaning and, ! sUbj~ct ta the regulatiansin1i laundry pick-up statians,. I Divisian 2, Outdoar Lighting;" certain general service and, '. N.5 e c . ' 3 6 . 2 - 6 2 3 "I persanal service. Definitions, ta delete, establishments, definitians relating ta f1aadri laundramats, pet graoming,; .or spat light, fully shielded, c e r t a I n r eta i I. fixture hause shield, lamp,~. establishments, cantractar's' lauve;s, replac~ment Of, shaps, steel .or ~etal, outdoar lighting, and) \ production, fabrlcatlan .or, wallpacks; - i P r ace s sin g, mill ~ " O.Sec. 36.2-625, Outdoar! I amphltheatres, cammunlty' lighting standards, to'1 centers, eating and drinking require autdaar lighting taj I are n t e r t a i n men t, be full y s hie Ide d, ~ ai establlshments;galf; renumber certain, courses, meeting halls,~, subsectlans therein, ta;! autdaar recreatian, sparts,! require bUildlng.mountedl ' stadiums, arenas .or, IIghtstabe maunted below callseums, artist studios,1 the raaf line and to delete museums, autdaar starage,. certain standards relating ta .off-site parking, andll' autdaor lighting; , recycling collection points. P.Sec. 36.2-644, Overall I .outright, .and wind t~rbin~s" tree canapy require~ents, i by speCial exceptlan, In. ta refer to dimenslanal certain planned unit regulatlans instead .of a \ Idevelopment districts; to: ' table and ta delete fram Ipravide regulatians for civic such section the tabl~;. space yards, pedestrian. Q.Sec. 36.2-652, MInimum : laccess and ta fa~ade : aff.street parking, to allaw I !treatments in certain, ' required parking spac~s ta , Imultiple purpase districts; i be shown an develapment, ' ,and ta require a special. .' plans to allaw off-site I Ie x c e p ti 0 n for Uti Ii t yl parking where permitted by. Idistribution .or callectian'~1 rig h tar. by s p e c I a I) Itransitlo,nal facilitie;; In exception, to,renumber:; ~ res Identlal and. multiple: certain SUbSeC. tlOns" and to. I purpose districts and in the replace Table 652-2,', AD District; RequiredJ?ff-Street Parking~ I F.5.e.c .._3.6 . 2.- 3 3.2 , f Spaces;.wlth'a.table by t~e.l Neighborhood DeSign 'same number and name 10,. Overlay District (ND), ta I Iwhich fewer minimum). change a .refer.ence fram a{ 'parking spaces per dY'elli~g. code section to regulatlans (unit are required far certain of the app.\icable base, Ire,sldenllal uses, and. 'I' zaningdlstrict; ; Ichanging the basis for G.S e c. 36..2 -'4 0 3 '.calculating the number .of Accessory uses and, !required parking spaces \ structures, ta limit the size,; fram using the number .of height, and setbacks afl <emplayees to using the \1 accessory structures, .ta.. .square footage. .of the r e n u m b e r c e r t a I n('.,. principle building; : I subsectians, ta change a . R.Sec. 36.2-654, Off-street reference fram a Use Matrix parking area standards, ta.. ta Use Tabl~s, and tl? ~et! pravide minimum and I farth regulatlans pertammg, m a x i mum wid t h ta temporary famil. y he,!lthl j requirements far ~wa-v.:aY:l care structures and Wind driveways in residential, turbines; . I districts and ta renumber, H.Sec. 36.2-410, FenCeS,!. certain s~bparagraphs;. [ walls, arbars, and trellises, S.S e c. . 3 6 . 2 - 6 6 1 " ta require. fences in certain Applicability, ta .exempti lacatians ta"havel from certain sign;' twenty,five percent .or marel reg u I a tl a n s c e tl a i n'1 .open space, a~d ta all~wi freestanding directianal) taller fences In certain,' signs and signs lacated( r~sidential and mixed use.) Inside certain large ath.letlc;1 .!!'~trtCtS;_~ . ., and entertainment autdaar..\ facilities; T.Cambine Sec. 36.2-668,. Typ.es and number of an-premises signsi.al1d Sec.', 36 ~ 2~.6~_.o i m e,"i,1 an a I) (standards for an-premises 1 , signs, in Sec:.36.2-668, t : 0 n _ p.r e m I s e s s I g n s , , generally, Table 668.1, , Type, number and size .of an-premises signs, and Sec. 36.2-669, Changeable capy signs and electranlc readerb.oard signs, t.o consolidate infarmatlan In tabular farmat, prohi~it signs.in certain residentIal districts, madify maximum sign face and sign areas, rev i s e ma x I mum freestanding sign heig~ts, and to remove the SIze restrictian on. illuminated signs in certain zaning . districts; 7 3- , U.S e c. .3 6 . 2 . 6. ' Temparary a~-premlses , . signs, ta limitth~ nu~ber .of temparary an.premlses signs, to require the remaval of supports when a temporary sign is remaved, . and ta delete Table 673.1 ' and replace it with a new, Table 673-1, Temparary Signs: . Maximum Square Faatage .of Sign Ar~a, to I cansalidate informallon In I tabular farmat; prahibit t e m po r a r y . sign s. I n residential zanmg dlStrtC,ts, and to allaw freestanding _, ~temporarysigps.ip_olli.er districts; . . V.Appendlx A, Definltlans ta refer to Use Ta~les I instead afa Use MatriX, ta carrect a reference ta a. code section, to broaden the definition .of family and graup hame ta camply with the State Code, and ta' add, detrnitians of temporary family health care structure, I cammercial and small wind turbines, and warkshops. A capy .of. the prapased amendments Is ava~lable for review in the Office .af ' the City Clerk, Raam 456, I Nael C. Taylar Municipal Building, 215 Church Avenue, 'S.W., Raanoke, Virginia. All parties .in interest and citizens may appear an the above date and be heard an the mailer. If yau are a person with a disability wha needs accammodatians for this hearing, please contact the City Clerk's Office, at . 853-2541, befare naan an the Thursday befare the date of the hearing listed I . abave:. I GIVEN under my hand this I 26th day .of April, 2011. . Stephanie M. Moon, MMC I CItY..Clerk. : (12626810) -.---"-- . . / \ \. \' ~~ NOTICE OF PUBLIC HEARING The Council ofthe City of Roanoke will hold a public hearing on Monday, May 16,20 II, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, fourth floor, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to consider the following: I. Request from the City of Roanoke Planning Commission to amend Chapter 36.2, Zoning, of the Code of the City of Roanoke, (1979), as amended, by amending and reordaining, combining and renumbering, or adding, the following code sections to update, clarify and to make the City's zoning ordinance easier to use for its citizens, such amendments not constituting a comprehensive rezoning or change of any densities, unless otherwise noted: A. Sec. 36.2-108, Vested rights, to add a celiain act by an administrative officer that will vest rights in property, as required by State law; B. Sec. 36.2-20 I, Establishment of districts, to rename certain ofthe City's base zoning districts and reorganize this section; C. Sec. 36.2-204, Use regulations, to change the reference from a "Use Matrix" to "Use Tables"; D. Sec. 36.2-205, Dimensional regulations, to move certain regulations to a table, to renumber and combine other subparagraphs, and to exempt wind turbines from the general height limitations in Section 36.2-403; E. Sees. 36.2-310 through 36.2-315-1 of Division 1, Base Districts- Residential. Commercial. and Industrial, and Sees. 36.2-320 through 36.2- 329-1 of Division 2, Base Districts-Special Purpose Districts, of Article 3, Regulations for Specific Zoning Districts, by combining, renumbering and placing certain regulations in table forms to set forth the purposes, applicability, and procedural requirements of residential, multiple purpose, industrial, airport and planned unit development districts; to allow by special exception agricultural operations in residential districts; to prohibit animal ho~pitals, veterinary clinics and kennels, in residential districts and to allow wind turbines by special exception,. in residential districts; to require at least 3,500 square feet per dwelling unit in the RM-l District; to reduce the required lot frontage in the R-12 District to 70 feet; to reduce the sideyard setback to 3 feet in certain residential districts; to allow an unlimited number of principal structures in the RA District; to allow a 0 foot rear and side yard Code Amendments-Chapter 36.2.doc 1 setback for accessory structures in certain residential districts; to allow single- family attached dwellings in the MX District; to allow multifamily and townhouse dwellings in the CN District; to allow body piercing and laundromat uses in certain commercial districts; to allow clubs, lodges, civic and social organizations in commercial and the UF District; to allow health and fitness centers; meeting halls, parks and playgrounds, artist studios, educational facilities, and broadcasting studios or stations outright, and agricultural operations and wind turbines by special exception, and off-site parking as a permitted use and as a use by special exception in certain multiple purpose districts; to require no minimum lot area per residential unit in the CLS District; to increase the maximum lot area allowed in a CN District to 87,120 square feet; to reduce the required front, side and rear yard setback requirements in certain multiple purpose districts for principal and accessory structures; to create a civic space yard option in the CN and IN Districts; to establish maximum height restrictions in the CG and CLS Districts at 50 and 60 feet, respectively; to add a maximum floor area ratio of 5 to the CN District; to remove minimum parking requirements in the ROS District; to establish minimum ground floor fayade transparency requirements in certain multiple purpose districts; to allow outright retail sales, eating and drinking establishments, animal shelters, off-site parking, and wind turbines in certain industrial districts; to eliminate front and rear yard minimum setbacks for principal and accessory structures in all industrial districts; to establish height restrictions in the I-I District of 40 feet and 60 feet in the 1-2 and AD Districts; to allow bed and breakfast accommodations, certain group care facilities, caterers, community markets, certain retail food producers, retail building supplies and materials, contractor or trademan's shops, dry cleaning and laundry pick-up stations, certain general service and personal service establishments, laundromats, pet grooming, certain retail establishments, contractor's shops, steel or metal production, fabrication or processing, mills, amphitheatres, community centers, eating and drinking or entertainment establishments, golf courses, meeting halls, outdoor recreation, sports stadiums, arenas or coliseums, artist studios, museums, outdoor storage, off-site parking, and recycling collection points outright, and wind turbines, by special exception, in certain planned unit development districts; to provide regulations for civic space yards, pedestrian access and to fayade treatments in certain multiple purpose districts; and to require a special exception for Utility distribution or collection, transitional facilities in residential and multiple purpose districts and in the AD District; F. Sec. 36.2-332, Neighborhood Design Overlay District (ND), to change a reference from a code section to regulations of the applicable base zoning district; G. Sec. 36.2-403, Accessory uses and structures, to limit the size, height, and setbacks of accessory structures, to renumber certain subsections, to change a Code Amendments-Chapter 36.2.doc 2 reference from a Use Matrix to Use Tables, and to set forth regulations pertaining to temporary family health care structures and wind turbines; H. Sec. 36.2-410, Fences, walls, arbors, and trellises, to require fences in certain locations to have twenty-five percent or more open space, and to allow taller fences in certain residential and mixed use districts; L Sec. 36.2-413, Home occupations, to allow motor vehicle repair or service, appliance repair, and landscape or lawn service operations as home occupations, to establish standards for such uses, and to refer to Use Tables instead of a Use Matrix; J. Sec. 36.2-416, Mixed use buildings and live-work units, to refer to Use Tables instead of aU se Matrix, to delete the requirements of distribution of uses by floor, and to require mixed use building and live-work units to be subject to certain density and intensity requirements based upon the applicable zoning district;, K. Sec. 36.2-425, Parking or storage of recreational vehicles, motor homes, boats, campers, or trailers, to establish a maximum number of days in a three month period certain vehicles may be parked in residential, eN or MX districts; L. Sec. 36.2-429, Temporary uses, to refer to Use Tables instead of a Use Matrix, to exempt from the requirements of a zoning permit certain public events, and to delete on-site parking requirements for public events; M. Sec. 36.2-621, Applicability, to make changes to outdoor lighting type, height and location, subject to the regulations in Division 2, Outdoor Lighting; N. Sec. 36.2-623, Definitions, to delete definitions relating to flood or spot light, fully shielded fixture, house shield, lamp, louvers, replacement of outdoor lighting, and wallpacks; O. Sec. 36.2-625, Outdoor lighting standards, to require outdoor lighting to be fully shielded, to renumber certain subsections therein, to require building- mounted lights to be mounted below the roof line and to delete certain standards relating to outdoor lighting; P. Sec. 36.2-644, Overall tree canopy requirements, to refer to dimensional regulations instead of a table, and to delete from such section the table; Q. Sec. 36.2-652, Minimum off-street parking, to allow required parking spaces to be shown on development plans, to allow off-site parking where permitted by right or by special exception, to renumber certain subsections, and to Code Amendments-Chapter 36.2.doc 3 replace Table 652:C2, Required Off-Street Parking Spaces, with a table by the same number and name in which fewer minimum parking spaces per dwelling unit are required for certain residential uses, and changing the basis for calculating the number of required parking spaces from using the number of employees to using the square footage of the principle building; R. Sec. 36.2-654, Off-street parking area standards, to provide minimum and maximum width requirements for two-way driveways in residential districts, and to renumber certain subparagraphs; S. Sec. 36.2-661, Applicability, to exempt from certain sign regulations certain freestanding directional signs and signs located inside certain large athletic and entertainment outdoor facilities; T. Combine Sec. 36.2-668, Types and number of on-premises signs, and Sec. 36.2-669, Dimensional standards for on-premises signs, in Sec. 36.2-668, On- premises signs, generally, Table 668-1, Type, number and size of on-premises signs, and Sec. 36.2-669, Changeable copy signs and electronic readerboard ~, to consolidate information in tabular format, prohibit signs in certain residential districts, modify maximum sign face and sign areas, revise maximum freestanding sign heights, and to remove the size restriction on illuminated signs in certain zoning districts; U. Sec. 36.2-673, Temporary on-premises signs, to limit the number of temporary on-premises signs, to require the removal of supports when a temporary sign is removed, and to delete Table 673-1 and replace it with a new Table 673-1, Temporary Signs: Maximum Square Footage of Sign Area, to consolidate information in tabular format, prohibit temporary signs in residential zoning districts, and to allow freestanding temporary signs in other districts; V. Appendix A, Definitions to refer to Use Tables instead of a Use Matrix, to correct a reference to a code section, to broaden the definition of family and group home to comply with the State Code, and to add definitions of temporary family health care structure, commercial and small wind turbines, and workshops. A copy of the proposed amendments is available for review in the Office ofthe City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person with a disability who needs accommodations for this hearing, please contact the Code Amendments-Chapter 36.2.doc 4 City Clerk's Office, at 853-2541, before noon on the Thursday before the date ofthe hearing listed above. GIVEN under my hand this 26thdayof April , 2011. Stephanie M. Moon, MMC City Clerk. Code Amendments-Chapter 36.2.doc 5 Notice to Publisher: Publish in the Roanoke Times on Friday, May 6 and Friday, May 13, 2011. Send affidavit to: Send Bill to: Stephanie M. Moon, MMC, City Clerk 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 240 II (540) 853-2541 Rebecca Cockram Department of Planning and Building Development 215 Church Avenue, S. W., Room 166 Roanoke, Virginia 240 II (540) 853-1330 NPH-Code Amendments-Chapter 36.2.doc 6 -^. CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1er k@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk STEPHANIE M. MOON, MMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk August 5, 2011 The Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Mayor and Members of Council, As requested by the Council at its meeting held on Monday, May 16, 2011, staff (Chris Morrill, William Hackworth, Stephanie Moon, Sherman Stovall, Carolyn Glover) met with Robert Gravely to discuss his concerns associated with his employment termination in June 2006. Mr. Gravely contends that he was unfairly terminated. Staff reviewed with Mr. Gravely the reason for the termination, the method that the termination was communicated to him and his rights at the time of the termination under the City's Grievance Procedur,e. However, Mr. Gravely continues to take the position that he was unfairly terminated. This is being provided for information purposes only and no additional follow-up is necessary. Sincerely, - 'oJ J Y'tl\J~ tephanie M. Moon, MMC U City Clerk pc: Christopher P. Morrill, City Manager William M. Hackworth, City Attorney Sherman M. Stovall, Assistant City Manager for Operations Carolyn Glover, Director, Human Resources Robert Gravely, 3360 Hershberger Road N W R k 2401J ' . ., oano e, Virginia