FAQs • Botetourt County, VA • CivicEngage

Is there a public cost cost or Botetourt County budget associated with the zoning change?: No. The Overlay District applies to private property development and investments. It is not a program for public spending improvements.

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Gateway Crossing Zoning Overlay

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1. What is the Gateway Crossing Overlay all about?: The Exit 150 area is the "face" of Botetourt County and the entrance to the Roanoke Valley for travelers and visitors on Interstate 81. Redevelopment of the area has been challenging in part because of existing zoning requirements. The Gateway Crossing Overlay reduces unnecessary regulations in a targeted manner to make redevelopment of the area more practical and easier.

2. What opportunities will the overlay provide?

The overlay will allow for:

Bypassing the public hearing requirements for rezoning and some special exception permits by expanding the types of uses that are allowed in the area
Reducing and eliminating burdensome lot development standards (such as the impervious surface requirements, the Floor Area Ratio removal, reduction in parking, increase in by-right height, reduction in setbacks, etc.)

3. Does the overlay create any new taxes for businesses or owners of land within the overlay?: No.

4. How many apartments are being built at the Howard Johnson site in Botetourt County?: The developer presented at the September 27, 2022 Board of Supervisors Meeting and anticipate 240 luxury, resort style apartment units will be built on the site of the current Howard Johnson location.

5. If apartments are built in the overlay, will local schools have capacity to accept the students?

Botetourt County asked Dr. John Russ, Superintendent of Botetourt County Schools this question regarding the proposed 240 apartment units at the current Howard Johnson location. He reviewed the application and provided the following comments:

"The major impact any new development will have on our school division is that of additional students. This is not to imply this is a "negative" impact. We are in the business of educating our county's children, and we welcome all students into our buildings. Over the past several years, we have seen a minimal decline in our Average Daily Membership(ADM), which does impact our funding from the state. Additional ADM would not be viewed as a bad thing. If new development does impact a specific school and places that school at over-capacity, we are at a point where we could look at adjusting attendance lines to address this issue. The location of this proposed development does not add safety or traffic concerns for any of our existing schools." - Dr. John Russ, BCPS School Superintendent

6. Is there a public cost cost or Botetourt County budget associated with the zoning change?: No. The Overlay District applies to private property development and investments. It is not a program for public spending improvements.

7. I own property or operate a business and I wish to continue to do so.: There is no immediate impact, as long as you continue to operate the business in the same manner. Expanding or increasing the footprint of the building may require some additional standards for pedestrian walkways.

8. I own property that is currently vacant, and I have no current plans to develop it. What does this mean for me?: The overlay does not immediately impact your property.

9. I own property and I want to develop or sell it.: Great! In most cases, the overlay will expand the options available to your property and will allow it to be developed more easily. The Overlay removes certain regulations and allows you to utilize more of your property.

10. I own property or operate a business and I want to expand my current use soon.: There is no immediate impact, as long as you continue to operate the business in the same manner. Expanding or increasing the footprint of the building may require some additional standards for pedestrian walkways. The overlay removes certain regulations and allows you to utilize more of your property.

11. What about my proffered conditions?: The overlay does not override proffered conditions. It will allow for more uses than what is currently permitted based on the underlying zoning.

12. Will I be required to add on-street parking or sidewalks if I expand my business and my site is topographically challenged?: The Zoning Administrator has the authority to waive these requirements based on certain circumstances.

13. If the overlay is not adopted, and I want to subdivide my property and create a new public street network, can I build whatever I want?: All new public streets are required to be in conformance with the 2016 Gateway Crossing Area Plan, regardless of the adoption of the overlay.

14. Will the Overlay change existing zoning?: No, the Overlay greatly expands the allowable uses and only prohibits a select few.

15. Does the county have a shortage of properties that are zoned for B-3?: No, there are nearly 160 acres of B-3 zoned properties in Botetourt. Of these, only 37 acres are located in the overlay boundaries.

16. What if my property was previously rezoned with proffers or has an SEP with conditions?: The overlay will not override these conditions or proffers. It will allow for more uses than what is currently permitted based on the underlying zoning.

17. What if I seek a waiver in the future and the zoning administrator denies it?

Any property owner has the right to appeal the Administrator's determination to the Board of Zoning Appeals, per State Code.

The Board of Zoning Appeals (BZA) is a five-member board appointed by the Circuit Court. The BZA hears and decides the following:

Appeal from any decision of the zoning administrator or from any order, requirement, decision, or determination made by another administrative officer in the administration or enforcement of the zoning ordinance
Interpretation of the Official Zoning Map where there is any uncertainty as to the location of a district boundary
Variance from a provision of the zoning ordinance

The BZA's decision is final and appealable only to the Circuit Court. To see a listing of BZA members click here.

18. What will happen to my property values.: It is difficult to predict property values until redevelopment occurs. However, because the overlay generally makes development easier, it is unlikely to harm property values.

19. What does reduced, required setbacks mean?: Right now, buildings can't be built right up to the edge of the lot. Depending on the zoning district, there are small or larger required setbacks (literally, set-back from the lot line). The overlay reduces these setbacks even more under certain conditions to allow for more developable space per lot.

20. What will the overlay mean for business signage?: There are different types of signage. For example, we define wall signs, freestanding monument, and freestanding pole signs separately. Each type of sign has a maximum allotment of square footage (for example, freestanding monument signs have a max of 60 square feet). IN ADDITION TO THIS there are total maximum signage requirements, forcing landowners to make trade-offs on signage for their property. For example, if the total maximum sign allotment is 100 sq. ft. and you want to do a wall sign of 50 sq. ft. and a freestanding monument sign of 60 sq. ft., you exceed the total maximum cap and have to cut one of those signs down by 10 sq. ft. The overlay removes the maximum requirement, so now the owner can do both sizes UP TO THE MAXIMUM SIZE ALLOWED PER SIGN.