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HomeMy WebLinkAbout4/14/2021 - Planning Commission - Agenda -RegularPlanning Commission Meeting AGENDA Wednesday, April 14, 2021, 7:00 PM Salem Civic Center, Community Room, 1001 Roanoke Boulevard, Salem, VA 24153 1.C all to Order 2.Pledge of Allegiance 3.Election of Officers 4.C onsent Agenda A.Minutes C onsider acceptance of the minutes from the December 16, 2020, regular meeting. 5.New Business A.Amendment to the City Code Hold public hearing to consider amending Chapter 66, Article I, In General, Section 66-9, Article III, C onstruction Location, Division 1, Generally, Section 66-73, Article IV Permitted Signs by Use and District, Section 66-107, and Article V, Definitions, Section 66-151, of the C O D E O F T HE C IT Y O F SALEM, VIRGINIA pertaining to signs. S TAF F R E P O RT B.Amendment to the City Code Hold public hearing to consider amending Chapter 106, Zoning, Article II District Regulations, Sections 106-204.3(B)1, 106-208.3(B)1, 106-213.3(B)1 pertaining to single-family dwellings; Article III Use & Design Standards, Section 106-304.5(B)(D) pertaining to home occupations, Article IV Development Standards, Section 106-404.11(A)(E) pertaining to parking, Article V Administration, Sections 106-504(A), 106-514, 106-518 pertaining to zoning permits, enforcement, and civil penalties of the C OD E OF T HE C IT Y O F SA LEM, VIRG IN IA. S TAF F R E P O RT 6.Adjournment Work Session, Wednesday, April 14, 2021, 6:30 p.m. C ommunity Room, Salem Civic C enter Planning Commission Meeting MINUTES Wednesday, December 16, 2020, 7:00 PM Salem Civic Center, Community Room, 1001 Roanoke Boulevard, Salem, VA 24153 1.Call to Order A regular meeting of the Planning Commission of the City of Salem, Virginia, was held after due and proper notice in the Community Room, Salem Civic Center, 1001 Roanoke Boulevard, Salem, Virginia, at 7:00 p.m., on December 16, 2020. Notice of such hearing was published in the December 4, and 11, 2020, issues of the "The Roanoke Times", a newspaper published and having general circulation in the City. All adjacent property owners were notified via the U. S. Postal Service. The Commission, constituting a legal quorum, presided together with Jim H. Guynn, Jr., Interim City Attorney; James E. Taliaferro, II, City Manager and Executive Secretary, Charles Van Allman, Director of Community Development; Benjamin W. Tripp, City Planner; and Mary Ellen Wines, Zoning Ad ministrator; and the following business was transacted: Secretary Taliaferro called the hearing to order at 7:00p.m. Due to the absence of the Chair and Vice-Chair, Secretary Taliaferro offered to entertain a motion to elect a Chairman Pro-Tem. Neil Conner motioned to appoint Commissioner Reid A. Garst, II, Chairman Pro-Tem. Jackson Beamer seconded the motion. Ayes: Beamer, Conner, Garst Absent: Daulton, King 2.Pledge of Allegiance 3.Consent Agenda A.Minutes Consider acceptance of the minutes from the October 14, 2020, regular meeting. Jackson Beamer motioned to accept the minutes of the October 14, 2020, meeting. Neil Conner seconded the motion. Ayes: Beamer, Conner, Garst Absent: Daulton, King 4.New Business A.Special Exception Permit Hold public hearing to consider the request of Barry E. Dick and Valerie T. Dick, property owners, for the issuance of a Special Exception Permit to allow a 1,288 SF detached garage on the property located at 1737 Amy Lane, (Tax Map # 212 - 1 -10). The Executive Secretary reported that notice of said hearing had been published in the the December 4, and 11, 2020, issues of The Roanoke Times, and all property owners were notified by letter mailed November 30, 2020. Staff noted the following regarding the request: the subject property is approximately 2.74 acres, and is located at the western terminus of Amy Lane, a private road, to the rear of South Salem Elementary School. The lot abuts residential lots in Roanoke County on Millwood Drive at its rear. It is currently occupied by a single story residence. The applicant wishes to build a detached garage of 1,288 SF to the northeast of the existing house, on the right side of the driveway. Per Section 106-202.3 (D), accessory structures larger than 1,000 SF shall require a special exception permit. Chairman Garst opened the public hearing and requested that anyone wishing to speak on the matter approach. Mr. Barry Dick of 604 Red Lane appeared before the Commission stating that he and his wife currently live on Red Lane, but have purchased and are renovating the property located at 1737 Amy Lane. They would like to add a garage to the property for their automobiles, workshop space, and yard equipment storage. Chairman Garst inquired if the garage would be twenty-eight feet by forty-six feet as shown. Mr. Dick replied affirmatively, that the plan was to place it adjacent to the existing concrete pad. Chairman Garst questioned if South Salem School was directly behind the property. Mr. Dick replied that the school was directly adjacent on the east side of the property. Chairman Garst asked if he had a contractor as of yet. Mr. Dick stated that Burgess Construction had been hired. He further stated that they are just awaiting approval and issuance of the required construction permits. Commissioner Beamer inquired if the Roanoke County line adjoined this property. Mr. Dick replied that the north side of the property is adjacent to Roanoke County, but that they own the property in the county that fronts Millwood Drive. Chairman Garst asked if there was anyone else to speak on this matter, and hearing none, closed the public hearing. Neil Conner motioned to recommend approval of the request of Barry E. Dick and Valerie T. Dick, property owners, for the issuance of a Special Exception Permit to allow a 1,288 SF detached garage on the property located at 1737 Amy Lane, (Tax Map # 212 - 1 - 10). Jackson Beamer seconded the motion. Ayes: Beamer, Conner, Garst Absent: Daulton, King B.Special Exception Permit Hold public hearing to consider the request of Derbyshire Real Estate, applicant, and Sunset Ridge Holdings, LLC, property owner, for the issuance of a Special Exception Permit to allow a two-family dwelling on the property located at 703 E Riverside Drive (Tax Map 232-2-9). The Executive Secretary reported that notice of said hearing had been published in the the December 4, and 11, 2020, issues of The Roanoke Times, and all property owners were notified by letter mailed November 30, 2020. Staff noted the following regarding the request: the subject property is located on the north side of East Riverside Drive, between the road and the Roanoke River, and on the north side of the intersection with Manchester Street. It is approximately 0.377 acres, and is occupied by a two story residential structure. The existing structure was built in 1950, in an area that was part of Roanoke County at the time. It was annexed into the Town of Salem in 1953. At that time the property was zoned “Business District”. In 1963 the property was changed to Residential R-2 District, which required a zoning and use permit (the equivalent of a Special Exception Permit) in order to allow a duplex. No such permit was ever granted. It appears that in the late 1970s the property was converted to a duplex without the benefit of a zoning and use permit. A dual electric meter base was placed by the owner, but the 2nd electric account was never activated by the City. The applicant is requesting that a Special Exception Permit be issued to allow the use of the property as a Two-Family Dwelling (duplex). Staff noted the following issues regarding the request: the property lies both within the 100 year floodplain and the floodway. The structure itself lies outside of both of these areas. C hairman Garst opened the public hearing and requested that anyone wishing to speak on the matter approach. Tyler Guenther, of Derbyshire Real Estate, representing the owner, Sunset Ridge Holdings, appeared before the C ommission and stated that they are requesting a special exception use permit to use it as a duplex. It has two separate entrances, one bedroom each. T hey acquired the property at the beginning of 2020. T hey have done extensive remodeling work to bring it up to standard, redoing the roof, rerunning the electrical, reworking the plumbing, drywall, and floors, and they would like to use it as a two-family. It has separate entrances and each unit would have their own parking area for at least two cars. C ommissioner Conner inquired if there were plans to renovate the exterior façade. Mr. Guenther replied that the brick had to be removed and will be replaced and vertical siding will be installed. C ommissioner Beamer asked how many parking spaces would be available. Mr. Guenther stated that there would be two spaces on each side. One side is currently gravel and the other side has had the trees removed to allow the installation of two spaces. C hairman Garst asked staff if that met the city's requirements. Staff replied affirmatively. C ommissioner Conner asked if the intent was to have separate utility services for each unit. Mr. Guenther stated that yes that was correct. T here currently was two water meters and two electric meters. C ommissioner Conner further asked if both electric meters were in service. Mrs. Wines replied that there is currently a dual meter base on the property but the second utility account was never allowed to go in service. Mr. Van Allman stated that the property will be required to meet all current building code regulations. C hairman Garst asked if there was anyone else to speak on this matter, and hearing none, closed the public hearing. Neil Conner motioned to recommend approval of the request of Derbyshire Real Estate, applicant, and Sunset Ridge Holdings, LLC, property owner, for the issuance of a Special Exception Permit to allow a two-family dwelling on the property located at 703 E Riverside Drive (Tax Map 232-2-9). J ackson Beamer seconded the motion. Ayes: Beamer, Conner, Garst Absent: Daulton, King 5.Adjournment J ackson Beamer motioned to adjourn at 7:11p.m.. Neil Conner seconded the motion. Ayes: Beamer, Conner, Garst Absent: Daulton, King CITY OF SALEM ITEM #5A PLANNING COMMISSION STAFF REPORT Prepared by: Meeting Date: April 14, 2021 City Administrative Staff Report prepared: April 2, 2021 RE: Hold public hearing to consider amending Chapter 66, Article I, In General, Section 66-9, Article III, Construction Location, Division 1, Generally, Section 66-73, Article IV Permitted Signs by Use and District, Section 66-107, and Article V, Definitions, Section 66-151, of the CODE OF THE CITY OF SALEM, VIRGINIA pertaining to signs. BACKGROUND INFORMATION: The maintenance of property has become an increasingly problematic issue. This includes the maintenance of signs. The code changes included in this item are to support the transition from a reactionary violation system to a more proactive system. These changes address abandoned signs, neglected signs and overall maintenance. SUMMARY OF PROPOSED CHANGES: ARTICLE I - IN GENERAL SECTION 66-9: Removal of Signs: requires abandoned signs after 60 days to be covered or paint the face blank. ARTICLE III. – CONSTRUCTION LOCATION SECTION 66-73: Sign Materials and Construction: requires that signs are kept in good repair. Deterioration by neglect is prohibited. ARTICLE IV – PERMITTED SIGNS SECTION 66-107: Prohibited Signs: adds neglected signs to the prohibited list. ARTICLE V - DEFINITIONS SECTION 66-151: Definitions: amends definition of abandoned to 60 days and adds the definition for neglected sign. Sec. 66-5. - Unsafe signs and signs maintained in violation of chapter. B. Signs in violation of this chapter—Penalty and enforcement. 1. Any violation of the requirements of this chapter shall be unlawful and any person convicted of such violation shall be guilty of a misdemeanor punishable by a fine of not less than $10.00 nor more than $1,000.00. 2. In lieu of criminal prosecution for violations of any provision of this chapter, the city may impose a civil penalty against any person who violates any provision of this chapter as follows: a. For the first offense, violators shall receive a written warning by the city manager or his designee. b. For the second offense, the violators shall be fined $50.00, by written notice. c. For the third and each subsequent offense, violators shall be fined $100.00 per sign per day the violation remains, the fine to be imposed by written notice and the sign may be removed by the city manager or his designee. d. Fines shall be chargeable to the owner of the sign or premises and may be collected as taxes and levies are collected. e. Should the city have cause to remove the sign all costs incurred shall be chargeable to the owner of the sign or premises and may be collected as taxes and levies are collected. f. Every cost authorized by this section with which the owner of the premises shall have been assessed shall constitute a lien against the property from which the sign was removed, the lien to continue until actual payment of such cost shall have been made. Sec. 66-7. - Nonconforming signs. A. Signs legally in existence at the time of the adoption of this chapter, which do not conform to the requirements of this chapter, shall be considered nonconforming signs. 1. Electronic sign settings not meeting the regulations herein shall not be considered nonconforming since the settings may be easily altered. 2. The burden of establishing nonconforming status of signs and of the physical characteristics/location of such signs shall be that of the owner of the property. Upon notice from the city manager, or his designee, a property owner shall submit verification that sign(s) were lawfully existing at time of construction. Failure to provide such verification shall be cause for order to remove sign(s) or bring sign(s) into compliance with the current ordinance. 3. To determine the legal status of existing signs in each of the cases listed in section 66-7(B), the applicant shall submit the following information to the city manager or his designee: a. Type(s) of existing sign(s) located on the property. b. The area and height of all signs. c. For freestanding signs, the distance between the curbline or shoulder and the nearest portion of the sign. A certified plat may be required. d. Type of sign illumination. e. The electronic capabilities of the sign. f. The material of which the sign is constructed. g. The building frontage. h. The control method for glare and brightness. B. All permanent signs and sign structures shall be brought into conformance with the sign regulations when and if the following occurs: 1. The sign is removed, relocated, or significantly altered. Significant alterations include changes in the height, size or dimension of the sign. Changes to the sign copy or the replacement of a sign face on a nonconforming sign shall not be considered a significant alteration. Moving a window sign to another location within or to another window shall be considered a relocated sign. 2. If less than 50 percent of the sign area is destroyed or damaged, it may be restored within two years after such destruction or damage but shall not be enlarged in any manner. 3. If more than 50 percent of the sign area is destroyed or damaged, it shall not be reconstructed but may be replaced with a sign that is in full accordance with the provisions of this chapter. 4. An alteration in the structure of a sign support. 5. A change in the mechanical facilities or type of illumination. 6. A change in the material of the sign face. 7. The property on which the nonconforming sign is located submits a subdivision or land development application or site plan requiring city review and approval. 8. The property on which the nonconforming sign is located submits an application for an amendment to the zoning ordinance requiring the review and approval of city council. 9. Discontinued use. If any nonconforming sign or any use to which such a sign applies is discontinued for a period exceeding two years, it shall then be made to conform with the requirements of this chapter or removed. In addition, a nonconforming sign structure shall be removed by the owner or lessee of the property. If the owner or lessee fails to remove the sign structure, the city manager, or his designee, shall give the owner 15 days' written notice to remove it. Upon failure to comply with this notice, the city manager, or his designee, may enter the property upon which the sign is located and remove any such sign or may initiate such action as may be necessary to gain compliance with this provision. The cost of such removal shall be chargeable to the property owner and may be collected as taxes and levies. 10. Nothing in this section shall be deemed to prevent keeping in good repair a nonconforming sign. Nonconforming signs shall not be extended or structurally reconstructured or altered in any manner, except a sign face may be changed so long as the new face is equal to or reduced in height and/or sign area. The material of the sign face shall not be changed. C. Prior to the events listed in section 66-7(B), nonconforming signs may be repainted or repaired up to 50 percent of the replacement cost of the sign, the sign copy may be changed, and sign faces may be replaced provided that these actions do not increase the dimensions of the existing sign, and do not in any way increase the extent of the sign's nonconformity. D. Nonconforming signs shall be exempt from the provisions of section 66-7, if the nonconforming sign possesses documented historic value, and has met the requirements and has been approved in accordance with section 66-13. E. All electronic signs must be programmed so as to conform to the regulations of this chapter. Sec. 66-9. - Removal of sign no longer advertising existing bona fide business. Whenever any sign no longer advertises an existing bona fide business, service or product manufactured on a premise, and such business, service or product has not been located or been available on the premises for sixty (60) days or more, such sign shall be professionally covered or the sign face painted blank. A. Whenever any sign no longer advertises an existing bona fide business, service or product manufactured on a premise, and such business, service or product has not been located or been available on the premises for more than two years, such sign shall be taken down and removed within 30 days, after written notification from the city manager or his designee, by the permittee, lessee or operator or owner of the building or structure upon which such sign may be found. Upon failure of the recipient of such notice to comply therewith within the time specified therein, the city manager or his designee may cause removal of such sign, and any expense incident thereto shall be paid by the owner of the building or structure to which such sign is attached. Nothing in this section shall be construed as requiring the removal of any sign owned by a person licensed to engage in the business of outdoor advertising in the state; provided the sign in question is kept and maintained in a proper condition. Sec. 66-73. - Sign materials, and construction, and maintenance. 1. Every sign shall be constructed of durable materials, using non-corrosive fastenings; shall be structurally safe and erected or installed in strict accordance with the Virginia Uniform Statewide Building Code; and shall be maintained in safe condition and good repair at all times so that all sign information is clearly legible. 2. Every sign and sign structure shall be kept in good repair. Deterioration by neglect is prohibited. A sign shall be considered a neglected sign if: a. any portion of the finished material, surface or message of the sign is visibly faded, flaked, broken off, missing, cracked, splintered, defective, or is otherwise visibly deteriorated or in a state of disrepair, as determined by the City Manager or his designee, so as not to substantially appear as it was intended or designed to appear when originally constructed; or b. whose structural support or frame members are visibly bent, broken, dented, torn, twisted, leaning, or at angles other than those at which it was originally erected. Sec. 66-107. - Prohibited signs. A. No sign shall have flashing, intermittent or animated illumination or lights of changing degrees of intensity, unless each interval in the cycle is a minimum of eight seconds and the sign does not constitute a traffic hazard. This section shall not be construed to prohibit signs which display time, temperature and other information, provided all other requirements of this chapter are met. B. The following devices and locations shall be specifically prohibited: 1. Signs located in such a manner as to obstruct or otherwise interfere with an official traffic sign, signal or device, or obstruct or interfere with a driver's view of approaching, merging or intersecting traffic. 2. Except as provided for elsewhere in this Code, signs encroaching upon or overhanging public right-of-way. No sign shall be attached to any utility pole, light standard, street tree or any other public facility located within the public right-of-way. 3. Signs which blink, flash or are animated by lighting in any fashion that would cause such signs to have the appearance of traffic safety signs and lights, or municipal vehicle warnings from a distance. 4. Portable signs except as provided in section 66-105 (portable signs). 5. Vehicular signs except as provided in section 66-11. 6. Balloons, streamers, inflatables, pennant strings, flags (except as allowed in section 66-11), pinwheels, and like displays, except as provided in section 66-105 (temporary signs). 7. No off-premise sign shall be located within the corporate limits of the city. 8. No existing off-premise sign shall be converted to an electronic sign, billboard or multi-vision board. 9. Abandoned signs. 10. Snipe signs. Signs shall only be attached to utility poles in conformance with state and utility regulations and the requirements of this chapter. 11. Signs which prevent free ingress or egress from any door, window, fire escape, or that prevent free access from one part of a roof to any other part. No sign other than a safety sign shall be attached to a standpipe or fire escape. 12. Signs which emit smoke, visible vapors, particulate matter, sound, odor or contain open flames. 13. Reflective signs or signs containing mirrors. 14. Vehicular interactive signs. 15. Signs incorporating beacon lighting. 16. Any banner or sign of any type suspended across a public street, without the permission of the owner of the property and the city. 17. Roof signs. 18. Signs for any home occupation. 19. Signs erected without the permission of the property owner, with the exception of those authorized or required by local, state, or federal government. 20. Any sign containing information which states or implies that a property may be used for any purpose not permitted under the provisions of the city zoning ordinance. 21. Signs that exhibit statements, words, or pictures of obscene or pornographic subjects. 22. Any sign that promotes illegal activity. 23. Neglected signs. ARTICLE V. - DEFINITIONS Sec. 66-151. - Definitions. A. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Abandoned sign: A sign which has not identified or advertised a current business, service, owner, product, or activity for a period of at least 30 60 days, in the case of off-premises signs, or at least 360 days in the case of on-premises signs. Neglected sign: Any sign and sign structure that is allowed to deteriorate by failure to maintain the sign in its original condition. CITY OF SALEM ITEM #5B PLANNING COMMISSION STAFF REPORT Prepared by: Meeting Date: April 14, 2021 City Administrative Staff Report prepared: April 2, 2021 RE: Hold public hearing to consider amending Chapter 106, Zoning, Article II District Regulations, Sections 106-204.3(B)1, 106-208.3(B)1, 106-213.3(B)1 pertaining to single-family dwellings; Article III Use & Design Standards, Section 106-304.5(B)(D) pertaining to home occupations, Article IV Development Standards, Section 106-404.11(A)(E) pertaining to parking, Article V Administration, Sections 106-504(A), 106-514, 106-518 pertaining to zoning permits, enforcement, and civil penalties of the CODE OF THE CITY OF SALEM, VIRGINIA. BACKGROUND INFORMATION: Staff continually reviews the Zoning Ordinance for its current applicability. There are several housekeeping changes including single-family dwelling setbacks, changes to home occupations, parking, and zoning permits. Other topics of discussion have arisen due to the recent shift from being reactionary regarding complaints of code violations to a more proactive system. To make this transition, changes to the zoning ordinance to include inspection warrants and a civil ticket system are needed. SUMMARY OF PROPOSED CHANGES: ARTICLE II – DISTRICT REGULATIONS SECTIONS 106-204.3(B)(1), 106-208.3(B)(1), AND 106-213.3(B)(1) Site Development: requires single-family dwellings in the RMF, RB, and CBD districts to adhere to the setbacks of single -family dwellings in RSF. ARTICLE III. – USE AND DESIGN STANDARDS SECTION 106-304.5 Home Occupations: 1. Will allow retail and wholesale sales as e-commerce or online sales only, no at-home shopping. 2. Allows up to 5 “other” clients per day in addition to tutoring, and lessons in fine arts, such as accounting, web design, interior design, marketing, and such. 3. Allows the care of up to 4 children or 3 adults as opposed to 5 each previously. These maximum limits are based on the limits of state licensing. Above these numbers requires additional licensing by the state. 4. Based on numerous complaints this change will require the parking of associated vehicles to be on-site. No on-street parking for work related vehicles. 5. The renewal process is now automatic through the Commissioner of the Revenue’s Office unless complaints have been filed. This code changes reflects that process. ARTICLE V – ADMINISTRATION SECTION 106-504 Zoning permits: adds residential non-structural reroofs to the list of activities that do not require a zoning permit. SECTION 106-514(B) Enforcement: establishes an inspection warrant process, as allowed in the state code, that if after failed reasonable efforts to obtain entry, the zoning administrator can, with probably cause, request an inspection warrant from the magistrate to inspect a premise. SECTION 106-514(C) Enforcement: expands the list of responsible parties from just the property owner. SECTION 106-514(E) Enforcement: establishes what acts are considered violations as required by state code. SECTION 106-516 Criminal Penalties: this change separates criminal penalties from civil penalties SECTION 106-518 Civil Penalties: minor changes to support instituting civil penalties. SECTION 106-520.1 Commission Study and action: housekeeping item to clarify that all proposed amendments are referred to Planning Commission automatically without the need for Council to act. Sec. 106-204.3. - Site development regulations. The following are general development standards for the RMF Residential Multi- Family District. For additional, modified or more stringent standards see article III, use and design standards. (B) Minimum Setback Requirements. 1. Principal Structure: Front Yard: 25 feet, if right-of-way is 50 feet or greater in width; 50 feet from the centerline of any right-of-way less than 50 feet in width. However, if an adjoining lot is developed, no principal structure shall be required to have a front yard greater than that observed by an existing building on an adjoining lot. Side Yard: 20 feet. Rear Yard: 20 feet. Single-Family Dwellings shall conform with the minimum setback regulations of Section 106-202.3 Residential Single-Family District RSF. Sec. 106-208.3. - Site development regulations. The following are general development standards for the RB Residential Business District. For additional, modified or more stringent standards see article III, use and design standards. (B) Minimum Setback Requirements. 1. Principal Structure: Front Yard: 25 feet, if right-of-way is 50 feet or greater in width; 50 feet from the centerline of any right-of-way less than 50 feet in width. However, if an adjoining lot is developed, no principal structure shall be required to have a front yard greater than that observed by an existing building on an adjoining lot. No front yard shall be used for any parking area or otherwise designed or devoted to any vehicle use unless a special exception permit has been approved specifically allowing such parking. Notwithstanding the foregoing, nothing herein shall prohibit a driveway in the front yard that leads to a parking area in the side yard or rear yard. Side Yard: Any side yard shall be a minimum of ten percent of lot width. However, under no circumstances shall either side yard be required to exceed 25 feet. Rear Yard: 15 feet. Corner Lots: the setback on the side street shall be equal to the setback observed by the principal structure on an adjoining lot. If the side street does not have street facing lots, the side yard setback for corner lots shall be ten percent of the lot width. Single-Family Dwellings shall conform with the minimum setback regulations of Section 106-202.3 Residential Single-Family District RSF. Sec. 106-213.3. - Site development regulations. The following are general development standards for the CBD Community Business District. For additional, modified or more stringent standards see article III, use and design standards. (B) Minimum setback requirements. 1. Principal structure: Front yard: 30 feet from street centerline. Side yard: No minimum. Rear yard: No minimum. Single-Family Dwellings shall conform with the minimum setback regulations of Section 106-202.3 Residential Single-Family District RSF. Sec. 106-304.5. - Home occupations. (A) Intent: These standards for home occupations are established in recognition that certain small-scale business activities may be appropriate as an accessory use to a residential dwelling. The character and scale of the business activity must be clearly minor and subordinate to the principal use of the property as a residence. (B) General standards: 1. All home occupations shall be operated by the resident occupants of the dwelling that is the location of the home occupation. 2. Only residents of the dwelling shall be engaged in the home occupation activity. No other employees shall be allowed at the site of the home occupation. 3. No dwelling used for a home occupation shall be altered or used in any manner that would cause the dwelling to differ in character from a residential use. 4. No retail or wholesale sales shall be permitted as part of any home occupation except e-commerce businesses conducted solely online. No customers may “shop” at the location of the home occupation. 5. Lessons in the fine arts (dance, music, art), or tutoring shall be allowed as a home occupation provided the total number of students shall not exceed five per day. Any other type of client shall also be limited to five per day. 6. The care of up to a maximum of five four individuals children or three adults (not including provider's own children family and any children who reside in the home), or the tutoring of up to five individuals shall be permitted as a home occupation. 7. No signage shall be allowed. No advertising associated with the home occupation shall direct clients to the location of the home occupation. 8. The home occupation shall not require the use or storage of hazardous or toxic materials and no such material shall be associated with the home occupation. 9. There shall be no external storage of equipment or materials associated with the home occupation, and there shall be no external evidence of the existence of the home occupation on the property. One vehicle associated with the home occupation shall be allowed, provided the vehicle is of a type and scale otherwise permitted by this chapter. The applicant is required to have on- site parking for any vehicles used in conjunction with the home occupation. On-street parking shall not be allowed. 10. The volume and characteristics of traffic associated with the home occupation shall be consistent with the volume and characteristic of traffic associated with dwellings in the general area. 11. The home occupation shall not involve the commercial delivery of materials or products to or from the premises. Incidental deliveries common to residential dwellings shall be permitted. 12. More than one home occupation may be located within a single dwelling provided the level of activity associated with all the home occupations, when considered together, does not violate any of these general standards. (C) Application process: 1. The administrator shall be responsible for reviewing all applications for home occupations. 2. Applicants for home occupations shall complete a home occupation application and in doing so shall indicate compliance with the intent of these regulations and the general standards contained herein. 3. If the administrator believes that a proposed home occupation will comply with the intent and general standards contained herein, the application for the home occupation shall be approved. 4. If the administrator believes that a proposed home occupation will not comply with the intent and general standards contained herein, the administrator shall notify the applicant of the changes necessary to achieve compliance with these provisions. If the applicant disagrees with the opinion of the administrator, the administrator may, and at the request of the applicant shall, refer the application to the Commission and Council which shall review the application as a special exception pursuant to the provisions of this chapter. (D) Renewals: 1. All approved home occupations shall be granted for a period of 12 months. Applicants shall be responsible for requesting a renewal of any approved home occupation. Renewal of the home occupation permit will be included with the City of Salem business license renewal process. 2. Except as provided below, the administrator shall may review all renewal requests and shall approve all requests that are consistent with these standards. The administrator may approve renewals of home occupations approved by Council, provided the home occupation has not changed in character or scale from that approved by Council, and is being operated in accordance with these provisions. 3. If a home occupation is operated in violation of these standards at any time during any 12-month period, the administrator shall not have the authority to renew the application and shall refer the application to the Commission and Council which shall review the application as a special exception pursuant to the provisions of this chapter. (E) Enforcement: 1. The administrator shall have the authority to require compliance with these provisions. When, in the opinion of the administrator, an operator of a home occupation violates the home occupation standards contained herein, the administrator shall require compliance pursuant to the procedures contained in section 106-514. Sec. 106-404. - Off-street parking requirements. (A) These provisions for off-street parking are intended to address the off-street parking demands created by various land uses within the City of Salem. The standards established in this section are designed to protect the health safety and welfare of the Salem community by accommodating parked vehicles in a safe and functional manner with consideration given to the stormwater quality and quantity impacts of impervious parking areas. Sec. 106-404.11. – Construction standards. (A) All off-street parking areas shall be constructed of a hard surface consisting of bituminous concrete or concrete. Gravel parking areas shall not be permitted, unless the administrator determines that the use is of a temporary nature. Between the right-of-way and the rear building line, single-Family and Two-Family dwellings must utilize bituminous concrete, concrete or chip seal type of hard surface. Once past the rear building line, single-family and two-family homes may utilize gravel. (B)For sites or structures listed on the National Register of Historic Places, parking areas may be constructed using period correct materials as permitted by the administrator. Such development shall require a site plan. (C) The city engineer may require paving surfaces and/or construction techniques which minimize surface stormwater runoff in areas where it is deemed necessary. The developer may select precast interlocking blocks, porous-type asphalt paving, detention basins or other methods as approved by the city engineer. (D)In no case shall there be allowed excessive dust or debris to be transferred onto the roadway system or onto neighboring properties. Violators shall be guilty of a misdemeanor and subject to section 106-516, penalties. (E)Commercial Use Types. USE TYPE PARKING REQUIRED Agricultural Services Schedule A Antique Shops 1 space per 400 square feet Assembly Hall 1 space per 5 seats Athletic Instruction Services Schedule B (minimum 1 space per 300 square feet) Automobile Dealership, New Schedule A Automobile Dealership, Used Schedule A Automobile Repair Services, Major 2 spaces per repair bay plus 1 space per employee on shift Automobile Repair Services, Minor 3 spaces per repair bay plus 1 space per employee on shift Automobile Rental/Leasing Schedule A Automobile/Parts Supply, Retail Schedule A Business Support Services 1 space per 200 square feet Business or Trade Schools Schedule B Campground 1 space per camp site Car Wash 1 space per employee on shift plus stacking spaces Commercial Indoor Amusement 1 space per 3 persons based on maximum occupancy Commercial Indoor Entertainment 1 space per 4 seats plus on space per employee on shift Commercial Indoor Sports and Recreation 1 space per 3 persons based on maximum occupancy plus 1 space per employee on shift Commercial Outdoor Entertainment 1 space per 3 persons based on maximum occupancy plus 1 space per employee on shift Commercial Outdoor Sports and Recreation Miniature Golf 1.5 space per hole Swimming Pool Schedule B Tennis/Court Games 2 spaces per court Other Outdoor Sports Schedule B Communications Services 1 space per 300 square feet plus 1 space per company vehicle based on site Construction Sales and Services Schedule A Consumer Repair Services 1 space per 300 square feet Convenience Store 5 spaces plus 1 space per 200 square feet plus one space per gas dispenser Dance Hall 1 space per 3 persons based upon maximum occupancy Day Care Center 1 space per employee on shift plus one space per three persons receiving care Equipment Sales and Rental Schedule A Flea Market 1 space per 100 square feet of sales area accessible to the public Funeral Services 1 space per 2 employees on shift plus one space per 5 seats in main chapel Garden Center Schedule A Gasoline Station 1 space per employee plus required stacking spaces Golf Course 36 spaces per 9 holes Homestay Inn 1 space per sleeping room available for guests Hospital 1 space per employee on shift plus one space per 2 beds Hotel/Motel/Motor Lodge 1 space per guest room plus one space per employee, plus spaces as may be required for other uses on site Kennel, Commercial Schedule B Laundry 1 space per 300 square feet Manufactured Home Sales Schedule B Microbrewery Schedule B Microdistillery Schedule B Personal Storage 2 spaces for any live-in manager unit plus 2 spaces per 100 storage units Pawn Shop 1 space per 300 square feet Personal Improvement Services 1 space per 300 square feet Personal Services 1 space per 300 square feet Recreational Vehicle Sales and Service Schedule A Restaurant 1 space per four seats plus 1 space per employee on shift, plus required stacking spaces Retail Sales Shopping Center 1 space per 250 square feet Other Retail 1 space per 200 square feet Schedule A Studio, Fine Arts Schedule B Truck Stop Schedule B Veterinary Hospital/Clinic 1 space per 300 square feet SCHEDULE A The following table contains minimum parking requirements for uses with elements having different functions or operating characteristics. The administrator shall consider and decide the minimum parking required for uses containing a mixture of these elements. Element Parking Required for Element Office or Administrative Activity 3.5 spaces per 1,000 square feet Indoor Sales, Display or Service Area 1 space per 500 square feet Motor Vehicle Service Bays 2 spaces per service bays Outdoor Sales, Display or Service Area 1 space per 2,000 square feet General Equipment Servicing or Manufacturing 1 space per 1,000 square feet Indoor or Outdoor Storage or Warehousing 1 space per 5,000 square feet Sec. 106-504. - Zoning permits. (A) A zoning permit shall be required for the erection, construction, reconstruction, moving, adding to, or alteration of any structure, or the establishment of any land use, except as listed below: 1. Patios. 2. Fences. 3. The non-structural re-roof of residential structures (B) It shall be the responsibility of the applicant to provide any information necessary for the administrator to determine that the proposed use, building, or structure complies with all provisions of this chapter. (C) For any use, building, or structure requiring an approved site plan, no zoning permit shall be issued, until such time as a site plan is submitted, reviewed, and approved in accordance with section 106-400 of this chapter. (D) For uses or structures not requiring an approved site plan, the administrator shall determine, in accordance with this chapter, the type of information necessary to review the permit. At a minimum, a concept plan shall be required meeting the standards established by the administrator. (E) All zoning permits issued shall be valid for a period of six months, unless the structure, use or activity for which the permit was issued has commenced. The administrator may reissue any expired permit provided the structure, use and or activity complies with all applicable provisions of the ordinance at the time of reissuance. (F) The administrator shall have the authority to approve the form and content of zoning permit applications. Sec. 106-514. - Enforcement. (A) The administrator shall have the responsibility for enforcing the provisions of this chapter, and may, as necessary, solicit the assistance of other local and state officials and agencies to assist with this enforcement. (B) If after a reasonable effort to obtain consent from the owner or tenant to enter a subject structure or property, the zoning administrator may make an affidavit under oath before a magistrate and, if such affidavit establishes probable cause that a zoning ordinance violation has occurred, request that the magistrate grant the zoning administrator an inspection warrant to enable the zoning administrator to enter the subject structure or property for the purpose of determining whether violations of the zoning ordinance exist. (C)(B) Any person whether the owner, lessee, principal, agent, employee or otherwise, who violates any provision of this chapter, or permits either by granting permission to another to engage in the violating act or by not prohibiting the violating act Violators of the provisions of this chapter shall be notified in writing of observed violations. The administrator shall state, in the written notice, the nature of the violation, the date that the violation was observed, and the remedy or remedies necessary to correct the violation. A reasonable time period will be established for the correction of the violation. (D)(C) If the administrator is not able to obtain compliance with these provisions, civil and or criminal procedures may be initiated in accordance with city law and procedures. (E) Violations. 1. It shall be a violation of this chapter, and shall subject the violator to the enforcement remedies provides in this article and by state law, for any of the following to occur: a. To engage in any development, use, construction, reconstruction, remodeling, or other activity of any nature upon any land and improvements, without all the certificates, licenses, permits, or other forms of authorization required under this chapter; or b. To engage in any development, use, construction, reconstruction, remodeling, or other activity of any nature in any manner which is inconsistent with the certificates, licenses, permits, or other forms of authorization granted for the conduct of such activity; or c. To violate, either by commission or omission, any term, condition, or qualification upon a certificate, license, permit, or other form of authorization granted to allow the use, development, or other activity upon any land or improvements; or d. To erect, construct, reconstruct, remodel, alter, locate, relocate, maintain, or use any building, structure, or part thereof, or to use any land in violation or contravention of any regulation of this chapter or amendment thereto. 2. To continue any of the above-stated violations. Each day of a violation shall be a separate offense. Sec. 106-516. – Criminal Penalties. (A) Pursuant to § 15.2-2286(5) of the Code of Virginia, any violation of any provision of this chapter shall be a misdemeanor punishable by a fine of not less than $10.00 nor more than $1,000.00. (Ord. of 3-14-05(2)) Sec. 106-518. - Civil penalties. **See Va Code 15.2-2209 below (A) Any owner of a building or premises where a violation of any provisions of this chapter has been committed or shall exist, or the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, or the general agent, architect, builder, contractor, or any other person who commits, takes part or assists in any such violation or who maintains any building or premises in which any such violation shall exist, shall be punishable by a civil penalty. (B) Any violation of the following scheduled provisions of this chapter shall be subject to a civil penalty in an amount and timing not to exceed that authorized by § 15.2-2209 of the Code of Virginia, as amended. Council shall establish the amount of the civil penalty. List Schedule of Violations Subject To Civil Penalties 1. (Reserved). 2. (Reserved). (C) Each day during which a violation is found to exist shall be a separate offense. However, Tthe same violation arising from the same operative set of facts may be charged not more than once in a ten-day period, and the total civil penalties from a series of such violations arising from the same set of operative facts shall not exceed $5,000.00. (D) The issuance of a civil penalty for a particular violation of the zoning ordinance pursuant to this section shall be in lieu of criminal sanctions except when such violation results in injury to any person or persons. (E) The administrator, or the administrator's designee, may issue a civil summons for a scheduled violation. Any person summoned or issued a ticket for a scheduled violation may make an appearance in person or in writing by mail to the city treasurer prior to the date fixed for trial in court. Any person so appearing may enter a waiver of trial, admit liability, and pay the civil penalty established for the offence charged. Such persons shall be informed of their right to stand trial and that a signature to an admission of liability will have the same force and effect as a judgment of court. (F) If a person charged with a scheduled violation does not elect to enter a waiver of trial and admit liability, the violation shall be tried in the general district court in the same manner and with the same right of appeal as provided for by law. A finding of liability shall not be deemed a criminal conviction for any purpose. (G) No provision herein shall be construed to allow the imposition of civil penalties for (1) activities related to land development or (2) for violation of any provision of a local ordinance relating to the posting of signs on public property or public rights-of-way. Sec. 106-520.1. - Commission study and action. **See Va Code 15.2-2286 (7) below (A) All proposed amendments to the zoning ordinance shall be referred by the Council to the Commission for study and recommendation. The Commission shall study proposals to determine: State Code References § 15.2-2209. Civil penalties for violations of zoning ordinance. Notwithstanding subdivision A 5 of § 15.2-2286, any locality may adopt an ordinance which establishes a uniform schedule of civil penalties for violations of specified provisions of the zoning ordinance. The schedule of offenses shall not include any zoning violation resulting in injury to any persons, and the existence of a civil penalty shall not preclude action by the zoning administrator under subdivision A 4 of § 15.2-2286 or action by the governing body under § 15.2-2208. This schedule of civil penalties shall be uniform for each type of specified violation, and the penalty for any one violation shall be a civil penalty of not more than $200 for the initial summons and not more than $500 for each additional summons. Each day during which the violation is found to have existed shall constitute a separate offense. However, specified violations arising from the same operative set of facts shall not be charged more frequently than once in any 10-day period, and a series of specified violations arising from the same operative set of facts shall not result in civil penalties which exceed a total of $5,000. Designation of a particular zoning ordinance violation for a civil penalty pursuant to this section shall be in lieu of criminal sanctions, and except for any violation resulting in injury to persons, such designation shall preclude the prosecution of a violation as a criminal misdemeanor, provided, however, that when such civil penalties total $5,000 or more, the violation may be prosecuted as a criminal misdemeanor. The zoning administrator or his deputy may issue a civil summons as provided by law for a scheduled violation. Any person summoned or issued a ticket for a scheduled violation may make an appearance in person or in writing by mail to the department of finance or the treasurer of the locality prior to the date fixed for trial in court. Any person so appearing may enter a waiver of trial, admit liability, and pay the civil penalty established for the offense charged. Such persons shall be informed of their right to stand trial and that a signature to an admission of liability will have the same force and effect as a judgment of court. If a person charged with a scheduled violation does not elect to enter a waiver of trial and admit liability, the violation shall be tried in the general district court in the same manner and with the same right of appeal as provided for by law. In any trial for a scheduled violation authorized by this section, it shall be the burden of the locality to show the liability of the violator by a preponderance of the evidence. If the violation remains uncorrected at the time of the admission of liability or finding of liability, the court may order the violator to abate or remedy the violation in order to comply with the zoning ordinance. Except as otherwise provided by the court for good cause shown, any such violator shall abate or remedy the violation within a period of time as determined by the court, but not later than six months of the date of admission of liability or finding of liability. Each day during which the violation continues after the court-ordered abatement period has ended shall constitute a separate offense. An admission of liability or finding of liability shall not be a criminal conviction for any purpose. No provision herein shall be construed to allow the imposition of civil penalties (i) for activities related to land development or (ii) for violation of any provision of a local zoning ordinance relating to the posting of signs on public property or public rights-of-way. § 15.2-2286. Permitted provisions in zoning ordinances; amendments; applicant to pay delinquent taxes; penalties. 7. For the amendment of the regulations or district maps from time to time, or for their repeal. Whenever the public necessity, convenience, general welfare, or good zoning practice requires, the governing body may by ordinance amend, supplement, or change the regulations, district boundaries, or classifications of property. Any such amendment may be initiated (i) by resolution of the governing body; (ii) by motion of the local planning commission; or (iii) by petition of the owner, contract purchaser with the owner's written consent, or the owner's agent therefor, of the property which is the subject of the proposed zoning map amendment, addressed to the governing body or the local planning commission, who shall forward such petition to the governing body; however, the ordinance may provide for the consideration of proposed amendments only at specified intervals of time, and may further provide that substantially the same petition will not be reconsidered within a specific period, not exceeding one year. Any such resolution or motion by such governing body or commission proposing the rezoning shall state the above public purposes therefor.