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HomeMy WebLinkAbout12/14/2016 - Planning Commission - Minutes - RegularAPPROVED MINUTES PLANNING COMMISSION December 14, 2016 A regular meeting of the Planning Commission of the City of Salem, Virginia, was held in Council Chambers, City Hall, 114 North Broad Street, at 7:00 p.m., on December 14, 2016, there being present the following members of said Commission, to wit: Vicki G. Daulton, Jimmy W. Robertson, Samuel R. Carter, and Denise P. King (Bruce N. Thomasson – absent); with Vicki G. Daulton, Chair, presiding; together with James E. Taliaferro, II, Assistant City Manager and Executive Secretary, ex officio member of said Commission; Charles E. Van Allman, Jr., Director of Community Development; Benjamin W. Tripp, City Planner; Mary Ellen Wines, Zoning Administrator; and William C. Maxwell, Assistant City Attorney; and the following business was transacted: The November 16, 2016, work session and regular meeting minutes were approved as written. In re: Hold public hearing to consider amending Chapter 106, Zoning, of THE CODE OF THE CITY OF SALEM, VIRGINIA. This would include additions and amendments to the current Zoning Ordinance Chapter. Significant changes have been made and include the following: the addition of CBD, Community Business District, allowing mixed use, and additional amendments including: Article II District Regulations, Sections 106-200.2.(A)(1), Section 106-210.2.(A)(3), (A)(5), (A)(7) & (B)(3), Section 106-212.2.(B)(3) & (B)(5), Section 106-214.2.(B)(4), Section 106- 218.2.(B)(6), and Section 106-220.2.(B)(6), Article III Use and Design Standards, Section 106-306.5.(B)(1-2), Section 106-310.21.(A)(1-2), Section 106-312.5.(A)(1), Section 106-314.2.(A), (B)(1-3), (C)(1-5), (D)(1-7), and Section 106-314.5.(F) & (R), Article IV Development Standards, Section 106-400.(A)(6), Section 106-402.3. Table 1, Section 106-404.11.(B), (C), & (D), Section 106-404.17.(A), (E), & (F), Section 106- 406.25.(A-D), Article V Administration, Section 106-528.1.(B) & (C), and Section 106- 528.9., Article VI Definitions and Use Types, Section 106-602.1., Section 106-602.9., Section 106-602.11., and Sec. 106-602.13 pertaining to agritourism; educational facilities, college/university; microdistilleries; mixed use structures; office use types, short-term lender; distilleries; mixed use; buffer yards; towers; site development regulations; on-site storage and temporary mobile storage containers; Board of Zoning Appeals; and definitions and use types. The Executive Secretary reported that this date and time had been set to hold a public hearing to consider amending Chapter 106 , Zoning, of THE CODE OF THE CITY OF SALEM, VIRGINIA; this would include additions and amendments to the current Zoning Ordinance Chapter; significant changes include the addition CBD Community Business District, allowing mixed use, and additional amendments including changes to District Regulations, Use & Design 2 Standards, Development Standards, Administration and Definitions and Use Types; and WHEREAS, the Executive Secretary further reported that notice of such hearing had been published in the December 1 and 8, 2016, issues of the Salem Times Register and property owners were notified by letters mailed November 28 and 29, 2016; and WHEREAS, staff noted the following: as part of the previous update to the Comprehensive Plan, it was determined that there was a need to rework the Transitional Business District (TBD) zoning so that it better fits its intended use of being in areas that downtown would expand into in the near future; it was also determined that a lighter commercial zone than Highway Business District (HBD) was needed; the result of these decisions was the creation of the Community Business District (CBD), which includes some of the less intensive commercial uses, but also allows for the mixing in of residential uses; the intent of the CBD zoning is that it be applied in transitional areas, places that are often corridors on the edges between more intensive commercial zones and more residential zones; also included are various housekeeping changes and additions to keep the ordinance up-to-date. SUMMARY OF PROPOSED CHANGES: ZONING DISTRICTS The following new zoning district is proposed: SECTION 106-213 COMMUNITY BUSINESS DISTRICT The CBD Community Business District has been created to allow a variety of commercial and service uses to coexist with residences in a transitional, mixed-use environment. This district provides development standards for uses which are more intensive than Residential Business (RB) Districts but less intensive than Highway Business District (HBD). CBD districts are typically transitional areas, often corridors, on the edges between commercial and residential zones. Single family dwellings will be required to adhere to the development standards of RSF, Residential Single Family District. AMENDMENTS TO THE CURRENT ORDINANCE ARTICLE II DISTRICT REGULATIONS SECTION 106-200 AGRICULTURE DISTRICT: Sec. 106-200.2. - Permitted uses. (A)(1) Agricultural Use Types, Agritourism SECTION 106-210 DOWNTOWN BUSINESS DISTRICT: Sec. 106-210.2. - Permitted uses. (A)(3) Civic Use Types, Educational Facilities, College/University*, (A)(5) Commercial Use Types, Microdistillery*, (A)(7) Miscellaneous Use Types, Mixed Use Structure*: (B) (3) Civic Use Types, 3 Educational Facilities, College/University*, SECTION 106-212 TRANSITIONAL BUSINESS DISTRICT: Sec. 106-212.2. - Permitted uses. (B)(3) Civic Use Types, Educational Facilities, College/University*, (B) (5) Commercial Use Types, Microdistillery*: Sec. 106-214.2. - Permitted uses. (B)(4) Office Use Types, Short-term Lender SECTION 106-218 LIGHT MANUFACTURING DISTRICT: Sec. 106-218.2. - Permitted uses. (B)(6) Industrial Use Types, Distillery* SECTION 106-220 HEAVY MANUFACTURING DISTRICT: Sec. 106-220.2. - Permitted uses. (B)(6) Industrial Use Types, Distillery* ARTICLE III. - USE AND DESIGN STANDARDS SECTION 106-300. – USE AND DESIGN STANDARDS: Sec. 106-306.5. - Educational facilities, college/university. (B)(1-2) Standards in the DBD District, SECTION 106-310 COMMERCIAL USES: Sec. 106-310.21. - Microdistillery. (A)(1-2) General standards SECTION 106-312 INDUSTRIAL USES: Sec. 106-312.5. - Distilleries. (A)(1) General standards SECTION 106-314. – MISCELLANEOUS USES: Sec. 106-314.2. - Mixed use*. (A) Intent, (B)(1-3) General standards, (C)(1-5) Standards in DBD, (D)(1-7) Standards in CBD, Sec. 106-314.5. - Towers. (F) (R) ARTICLE IV DEVELOPMENT STANDARDS Sec. 106-400. - Site plan review. (A)(6) when required, Sec. 106-402.3. - Buffer yards. Table 1 Required between districts, Sec. 106-404.11. - Construction standards. Off street parking for (B) Historic Places, (C) alternative construction methods and (D) debris, Sec. 106-404.17. - Minimum parking required for (A) Agritourism, (E) Microdistillery, and (F) Distillery, Sec. 106- 406.25. - On-site storage and temporary mobile storage containers. Standards (A-D) ARTICLE V ADMINISTRATION SECTION 106-528 BOARD OF ZONING APPEALS: Amendments regarding recent state code changes: Sec. 106-528.1. - Powers and duties. (B) Ex parte communications, proceedings. (C) Powers, Sec. 106-528.9. - Certiorari to review decision of BZA. ARTICLE VI DEFINITIONS AND USE TYPES SECTION 106-602 USE TYPES: Sec. 106-602.1. - Agricultural use types. Agritourism, Sec. 106- 602.9. - Commercial use types. Microdistillery and Short-term lender, Sec. 106-602.11. - 4 Industrial use types. Distillery, Sec. 106-602.13. - Miscellaneous use types. Mixed use; and WHEREAS, Benjamin Tripp, City Planner, appeared before the Commission explaining the zoning amendments and also the new official zoning map; he noted there are two issues on the agenda: first, is the set of changes to the text of the zoning ordinance and second, is the proposed new zoning map; he indicated the new zoning map was on display on the wall; staff wanted to keep the public informed so every property owner in the City was sent a letter notifying them that these issues would be considered and directed them to information on the City’s website and to staff resources for questions; further, an open house was held on December 8th in Council Chambers to provide the opportunity for citizens to ask questions about their property; of the 10,500+ parcels in the City, only about 214 are proposed to change, most of which are currently zoned TBD Transitional Business District; the zoning for the vast majority of property owners will remain the same; from time to time the zoning ordinance needs to be updated to stay current so staff added a few new uses which did not exist before, such as microdistillery and agritourism; the most significant addition to the ordinance is the creation of the CBD Community Business District zoning; further, he read the statement of intent for the CBD zoning district and noted that the purpose is to provide a lighter commercial district than Highway Business District on the one hand but more intensive than the Residential Business District; the uses in CBD are similar to those in TBD but with the addition of mixed use which can allow someone to live and operate a business in the same structure; since this has been an ongoing process, staff has a couple of minor wording changes which are on the memo distributed to the Commission at their work session this evening; these relate to Section 106- 306.5 Educational facilities, college/university in the Downtown Business District, Section 106- 314.2 Mixed Use Structure in Use and Design Standards, and Section 106-404.17 Minimum parking required in Development Standards, and he further explained the changes in the wording; and WHEREAS, Mr. Tripp noted that next item on the agenda is the new official zoning map for the City; localities are given the authority to implement zoning under Section 15.2-2280 of the Code of Virginia, and this item is considered under that authority; the proposed zoning map shown this evening would change approximately 214 properties as he noted earlier; this is primarily to address TBD zoned properties that are not located near downtown; most of those properties are along Colorado Street, College Avenue, Fourth Street, and a few others in more far flung places such as Eddy Avenue, S. Colorado Street, and near the Salem VA Medical Center on the Boulevard; further, he noted there are two citizen requests for changes to the original map that was presented and those are Tax Map #s 160-8-1 and 120-8-4, and he explained the proposed changes; and 5 WHEREAS, Chair Daulton asked Mr. Tripp if he could give an explanation of what the TBD Transitional Business District zoning is, and why Staff felt there was a need to make a separation between it and the CBD Community Business District; he noted the reason for this new zoning was that Transitional Business District was intended to be places where the downtown could grow into and it was supposed to have been used just around the downtown core and places really close to it such as Clay Street, Boulevard, Calhoun Street, etc.; but over time, it was used in other places probably because we didn’t have a medium duty commercial district; so in order to get TBD back to its original purpose as a place that downtown could grow into and become like downtown, we needed to make sure it was only around the downtown area; so that then brings the question of what to do with the other properties that were zoned TBD which are not near downtown; he further explained the properties, and staff’s recommendations with regards to the TBD and CBD zoning designations; and WHEREAS, Adele Morris of 2670 Turnberry Road appeared before the Commission; she asked with the proposed zoning changes, would this now be able to provide some places where people like her can downsize; are we going to get some condominiums here because there is no place for them to go now; Mr. Tripp noted that Mary Ellen Wines, Zoning Administrator, is also in attendance, and he noted that she might want to comment on this, also; he noted the new zoning district will not permit condominium uses or single floor type living, however, the issue she has brought up is a good one, and we do need those types of living facilities, but it probably would be better addressed in the Comprehensive Plan when we bring that back in a year or two; he asked Mrs. Wines if this was her understanding of the new zoning designation, and she noted that he was correct; Mrs. Morris noted that she hopes the City will think about this; he encouraged her to bring this comment when we update the Comprehensive Plan; and WHEREAS, Lewis Johnston of 610 Oakview Drive appeared before the Commission; he asked if this is a mandatory change or is there an option for the property owners; if the City is going to change the zoning of a property, do property owners have a say in this going forward; if he wants to leave his property as TBD Transitional Business District, does he have that option; Chair Daulton noted that she did not think he would have that option unless his property is located on the fringe of downtown; she noted that is why she asked Mr. Tripp to explain about the CBD and TBD zoning designations; Mr. Johnston noted that he is one of the few people who has a vacant lot, and he is not sure of the capability of the use of the property at this time without having an engineering study done; so this will put limits on the property since it is being down zoned and he is concerned that this might affect the long term value of the property; Commissioner Carter noted that he would have the ability to request a rezoning of his property at a later time; Mr. Johnston noted if the property gets rezoned to Residential Business District 6 or whatever it is that fits this area, then he could come back later and request it be changed; Commissioner Carter noted that he was not guaranteeing it would be approved but this is the way the process works; Mrs. Daulton noted his request would come before the Planning Commission and then City Council for making the request; Mr. Johnston noted that he is just concerned what he might like to do with the property in the future and for it to be changed to residential gives him very little options; Commissioner Robertson noted that there are several permitted uses by right within the CBD zoning that are very interesting and he is not sure if Mr. Johnston is aware of what is permitted in the CBD zoning; Mr. Robertson noted that he is not aware of all the options but it does look limited; Chair Daulton noted that city staff would be glad to get with him to go over the options that he would have, and, again, she empathizes with him in wanting to keep the existing zoning but on the other hand, we do need to keep the TBD zoning around the downtown business district; Mr. Johnston noted that his property is located on Twelve O’clock Knob Road, and he is aware that everything around it is residential; he further noted that he can see it from the City’s perspective but he is trying to look out for his own behalf; like others, he worries about his future and he would like his property to be worth as much as it possibly can; further, he is open to discussing it with staff and he appreciates the Commission taking the time to listen to him; and WHEREAS, Frank Monsour, property owner of 129 Mill Lane, appeared before the Commission; he noted that the property is currently zoned for business; they have been trying to sell or rent the property for the past 5 years with no success; they have had a lot of people who want to purchase the property for residential use or if it could be mixed use for business and residential; the properties adjacent to their property are being used for residential and the properties across the street have new businesses on them; so they do not have anything to compare their property to; they would like to change the zoning so that a purchaser could live in the house and run it as a business if they want to do that; Chair Daulton stated that her advice would be that Mr. Monsour sets an appointment with city staff to discuss the property and they can give him recommendations for rezoning; and WHEREAS, Chuck Van Allman, Director of Community Development, noted that he had Mr. Monsour’s contact information, and his office would be in touch with Mr. Monsour; and WHEREAS, Matthew Thompson appeared before the Commission; he noted that he was there on behalf of his father, Ronald Thompson, who lives at 1000 West Riverside Drive; he noted the main point they want is to get a quick review of what is changing with the agritourism; he noted that they were not notified of the changes, and they are one of about three farms left in the City that could be affected; they would like to know more about the 7 proposed changes; Mr. Tripp noted this was a good question, and that agritourism would be a by right use in agricultural districts; the definition is any activity carried out on a farm or ranch that allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities, including farming, wineries, ranching, historical, cultural, harvest-your-own activities, or natural activities and attractions; he noted for instance in the fall of the year when people go to farms to pick their own apples or these types of activities, this is what agritourism deals with; Mr. Thompson noted this definition kind of matches the State definition of agritourism; Mr. Tripp noted this is correct, and it will give agricultural property owners this type of option where it was not allowed previously; Mr. Tripp noted staff is trying to modernize the agricultural definition; and ON MOTION MADE BY COMMISSIONER ROBERTSON, AND SECONDED BY COMMISSIONER KING, AND DULY CARRIED, the Planning Commission of the City of Salem doth recommend to the Council of the City of Salem that Chapter 106, Zoning, of THE CODE OF THE CITY OF SALEM, VIRGINIA be amended. This would include additions and amendments to the current Zoning Ordinance Chapter. Significant changes have been made and include the following: the addition of CBD, Community Business District, allowing mixed use, and additional amendments including: Article II District Regulations, Sections 106-200.2.(A)(1), Section 106-210.2.(A)(3), (A)(5), (A)(7) & (B)(3), Section 106-212.2.(B)(3) & (B)(5), Section 106- 214.2.(B)(4), Section 106-218.2.(B)(6), and Section 106-220.2.(B)(6), Article III Use and Design Standards, Section 106-306.5.(B)(1-2), Section 106-310.21.(A)(1-2), Section 106-312.5.(A)(1), Section 106-314.2.(A), (B)(1-3), (C)(1-5), (D)(1-7), and Section 106-314.5.(F) & (R), Article IV Development Standards, Section 106-400.(A)(6), Section 106-402.3. Table 1, Section 106- 404.11.(B), (C), & (D), Section 106-404.17.(A), (E), & (F), Section 106-406.25.(A-D), Article V Administration, Section 106-528.1.(B) & (C), and Section 106-528.9., Article VI Definitions and Use Types, Section 106-602.1., Section 106-602.9., Section 106-602.11., and Sec. 106-602.13 pertaining to agritourism; educational facilities, college/university; microdistilleries; mixed use structures; office use types, short-term lender; distilleries; mixed use; buffer yards; towers; site development regulations; on-site storage and temporary mobile storage containers; Board of Zoning Appeals; and definitions and use types as presented and with the additional amendments submitted this evening: CHAPTER 106 ARTICLE II DISTRICT REGULATIONS SECTION 106-200 AGRICULTURE DISTRICT Sec. 106-200.2. - Permitted uses. 8 (A) The following uses are permitted by right in the AG Agricultural District, subject to all other applicable requirements contained in this chapter. An asterisk (*) indicates that the use is subject to additional, modified or more stringent standards as listed in Article III, Use and Design Standards 1. Agricultural Use Types Agriculture * Agritourism Farm Stand * Forestry Operation ARTICLE II DISTRICT REGULATIONS SECTION 106-210 DOWNTOWN BUSINESS DISTRICT. Sec. 106-210.2. - Permitted uses. (A) The following uses are permitted by right in the DBD Downtown Business District, subject to all other applicable requirements contained in this chapter. An asterisk (*) indicates that the use is subject to additional, modified or more stringent standards as listed in Article III, Use and Design Standards 3. Civic Use Types Assisted Care Residence Clubs Educational Facilities, College/University* Guidance Services Life Care Facility Nursing Home Post Office Public Parks and Recreation Areas Religious Assembly Safety Services 5. Commercial Use Types Antique Shops Automobile Parts/Supply, Retail Business or Trade School Business Support Services Commercial Indoor Entertainment Communication Services Consumer Repair Services 9 Convenience Store Day Care Center * Funeral Services Homestay Inn * Hotel/Motel/Motor Lodge Microbrewery* Microdistillery* Pawn Shop Personal Improvement Services Personal Services Restaurant Retail Sales Studio, Fine Arts Veterinary Hospital/Clinic 7. Miscellaneous Use Types Mixed Use Structure * Utility Service, Minor (B) The following uses are permitted by special exception in the DBD Downtown Business District, subject to all other applicable requirements contained in this chapter. An asterisk (*) indicates that the use is subject to additional, modified or more stringent standards as listed in Article III, Use and Design Standards 3. Civic Use Types Administrative Services Correction Facilities Crises Center Cultural Services Educational Facilities, College/University * Educational Facilities, Primary/Secondary Halfway House Public Assembly Public Maintenance and Service Facilities SECTION 106-212 TRANSITIONAL BUSINESS DISTRICT. Sec. 106-212.1. - Statement of intent. The TBD Transitional Business District has been created in recognition that there are commercial areas near downtown Salem that exhibit patterns of development similar, but less intensive than, the Downtown Business District. These areas are suitable for future downtown-type uses and development patterns. The Transitional Business District allows a mixture of professional offices, financial services, government functions and specialty retail. Upper floor residential uses 10 similarly are encouraged. Automobile related uses are limited in the district. Overall, setbacks and development standards are designed to allow a downtown urban character Sec. 106-212.2. - Permitted uses. (B) The following uses are permitted by special exception in the TBD Transitional Business District, subject to all other applicable requirements contained in this chapter. An asterisk (*) indicates that the use is subject to additional, modified or more stringent standards as listed in Article III, Use and Design Standards 3. Civic Use Types Administrative Services Correction Facilities Crises Center Cultural Services Educational Facilities, College/University * Educational Facilities, Primary/Secondary Halfway House Public Assembly Public Maintenance and Service Facilities 5. Commercial Use Types Assembly Hall Commercial Indoor Amusement Hospital Microbrewery* Microdistillery* SECTION 106-213 COMMUNITY BUSINESS DISTRICT Sec. 106-213.1. Statement of intent. The CBD Community Business District has been created to allow a variety of commercial and service uses to coexist with residences in a transitional, mixed-use environment. This district provides development standards for uses which are more intensive than Residential Business (RB) Districts, but less intensive than Highway Business District (HBD). CBD districts are typically transitional areas, often corridors, on the edges between commercial and residential zones. Development within this district is intended to blend into a generally residential landscape. As such, new development is subject to form-based requirements ensuring that it occurs in a generally residential character. Such requirements include but are not limited to the prohibition of flat roofs, maintenance of established setbacks, parking areas in rear yards only, no illuminated signage, requirements for canopy trees and other landscaping, facades, windows, and roofing materials appropriate to the character of the neighborhood. Sec. 106-213.2. Permitted uses. 11 (A) The following uses are permitted by right in the CBD Community Business District, subject to all other applicable requirements contained in this chapter. An asterisk (*) indicates that the use is subject to additional, modified or more stringent standards as listed in Article III, Use and Design Standards 1. Agricultural Use Types (None) 2. Residential Use Types Home Occupation* Manufactured Home, Emergency * 3. Civic Use Types Cultural Services Guidance Services Public Parks and Recreation Areas Religious Assembly 4. Office Use Types Financial Institutions General Offices Medical Offices 5. Commercial Use Types Antique Shops Business Support Services Consumer Repair Services Convenience Store Day Care Center * Homestay Inn * Laundry Personal Improvement Services Personal Services Restaurant Retail Sales Studio, Fine Arts 6. Industrial Use Types (None) 7. Miscellaneous Use Types Mixed Use* (B) The following uses are permitted by special exception in the CBD Community Business 12 District, subject to all other applicable requirements contained in this chapter. An asterisk (*) indicates that the use is subject to additional, modified or more stringent standards as listed in Article III, Use and Design Standards 1. Agricultural Use Types (None) 2. Residential Use Types Family Day Care Home* Residential Human Care Facility Single Family Dwelling, Attached Single Family Dwelling, Detached Townhouse* 3. Civic Use Types Clubs Educational Facilities, Primary/Secondary Post Office 4. Office Use Types (None) 5. Commercial Use Types Assembly Hall Gasoline Station Kennel, Commercial Microbrewery* Veterinary Hospital/Clinic 6. Industrial Use Types (None) 7. Miscellaneous Use Types Amateur Radio Tower Outdoor Gathering* 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. (A) Minimum Lot Requirements. 1. Area: 7,200 square feet 2. Frontage: 60 feet on a public street (B) Minimum Setback Requirements. 13 1. Principal Structure: Front Yard: 30 feet from street centerline Side Yard: No Minimum Rear Yard: No Minimum 2. Accessory Structures: Front Yard: Behind the rear building line of the principal structure. Outdoor dining areas may be located in the front yard area, provided they are properly screened from adjoining residential property. Side Yard: Five Feet Rear Yard: Five Feet (C) Maximum Height of Structures. 1. Principal Structures: 45 feet 2. Accessory Structures: Less than height of principal structure. (D) Maximum Building Size. 1. Principal Structures: No Maximum 2. Accessory Structures: 30 percent of rear yard area. Accessory structures larger than 1,000 square feet shall require a special exception permit in accordance with section 106- 524 of this chapter. (E) Other Requirements. 1. Drive-through facilities in which a person, who remains in a motor vehicle, conducts business or exchanges through a window or exterior opening in a structure shall require a special exception permit in accordance with section 106-524 of this chapter. 2. Residential Uses shall conform to the site development regulations of RB, Residential Business District. Sec. 106-214.2. - Permitted uses. (B) The following uses are permitted by special exception in the HBD Highway Business District, subject to all other applicable requirements contained in this chapter. An asterisk (*) indicates that the use is subject to additional, modified or more stringent standards as listed in Article III, Use and Design Standards 1. Agricultural Use Types (None) 2. Residential Use Types (None) 3. Civic Use Types Cemetery * Correction Facilities 14 Crises Center Educational Facilities, Primary/Secondary Halfway House 4. Office Use Types Outpatient Mental Health and Substance Abuse Clinic* Short-term Lender SECTION 106-218 LIGHT MANUFACTURING DISTRICT. Sec. 106-218.2. - Permitted uses. (B) The following uses are permitted by special exception in the LM Light Manufacturing District, subject to all other applicable requirements contained in this chapter. An asterisk (*) indicates that the use is subject to additional, modified or more stringent standards as listed in Article III, Use and Design Standards. 6. Industrial Use Types Asphalt Plant * Brewery* Distillery* Industry Type II Landfill, Construction Debris Landfill, Rubble Landfill, Sanitary Meat Packing and Related Industries Railroad Facilities Resource Extraction Scrap and Salvage Services SECTION 106-220 HEAVY MANUFACTURING DISTRICT. Sec. 106-220.2. - Permitted uses. (B) The following uses are permitted by special exception in the HM Heavy Manufacturing District, subject to all other applicable requirements contained in this chapter. An asterisk (*) indicates that the use is subject to additional, modified or more stringent standards as listed in Article III, Use and Design Standards. 6. Industrial Use Types Brewery* 15 Distillery* Industry Type III Landfill, Construction Debris Landfill, Rubble Landfill, Sanitary Resource Extraction Scrap and Salvage Services ARTICLE III. - USE AND DESIGN STANDARDS SECTION 106-300. – USE AND DESIGN STANDARDS Sec. 106-306.5. - Educational facilities, college/university. (A) General Standards: 1. A site plan as required by this chapter shall be submitted and approved prior to the commencement of any new construction or enlargement of an educational facility. The administrator may waive this site plan requirement if the total increase in the impervious area resulting from this construction or enlargement is less than 3,000 square feet. 2. Screening and buffering for educational facilities shall be provided as required by the provisions found in section 106-402 of this chapter. (B) Standards in the DBD District: 1. Educational facilities, college/university shall be allowed only on floors above the ground floor and in the same structure as a commercial use type except for parcels fronting Clay Street between Thompson Memorial Avenue and North Market Street. These parcels may allow educational facilities, college/university on any floor. 2. The commercial use type must occupy at least the first floor of the structure, and should be configured to be pedestrian friendly. (BC) Standards in the CUD District: 1. Educational facility buildings shall be setback a minimum of 30 feet from any street, and shall be setback a minimum of ten feet from adjoining property lines. 2. Educational facility buildings shall have a maximum height of 45 feet. However, this maximum height may be increased up to a maximum height of 70 feet provided the minimum setback of the building is increased by one foot for each foot of additional height above 45 feet. SECTION 106-310 COMMERCIAL USES. Sec. 106-310.21. - Microdistillery. (A) General standards: 1. Such establishments shall include a tasting area, and may include restaurant, retail, and live entertainment uses. 16 2. First floor frontage shall have at least 50% transparency from the street, and shall be primarily occupied by non-industrial uses. SECTION 106-312 INDUSTRIAL USES. Sec. 106-312.5. - Distilleries. (A) General standards: 1. Such establishments may also include restaurants, tasting rooms, and retail related to the beverage being produced. SECTION 106-314. – MISCELLANEOUS USES Sec. 106-314.2. - Mixed use structure. A. Intent: The following minimum standards are established in recognition that mixed use, often multi-floor, structures, are is desirable within the downtown and community business districts. Mixed use structures allows maximum flexibility in the designation of different areas of a single structure parcel for different uses. Uses coexisting within the same building include, but are not limited to, loft apartments, condos, retail, office space, and restaurants. Generally non-residential uses should be designated for the first floor of multi- floor buildings to encourage pedestrian traffic and to avoid the creation of dead zones. When available the facades and characteristics of existing and surrounding buildings should be maintained. B. General standards: 1. Applicants for mixed use structure development shall submit a site plan in accordance with section 106-400 of this chapter, along with sufficiently detailed layouts for each building and each floor of the building, designating the specific areas dedicated to each different use. The submitted site plan shall be approved by the city prior to commencing development of the site. 2. Major revisions to the final site plan shall be reviewed and approved following the procedures and requirements for site plan review contained in section 106-400 of this chapter. Major revisions include, but are not limited to changes such as: a. Any increase in the density of the development; b. Substantial change in circulation or access; c. Substantial change in the mixture of dwelling unit types included in the project; d. Substantial changes in the mixture of uses or an increase in the amount of space devoted to non-residential purposes; e. Reduction in the approved open space, landscaping or buffering; f. Substantial change in architectural or site design features of the development; g. Any other change that the administrator finds is a major divergence from the approved final master plan. 3. All other changes in the final site plan shall be considered minor amendments. The administrator, upon receipt of a written request of the owner, may approve such 17 minor amendments. A request which is disapproved by the administrator shall be considered a major amendment and shall be subject to the approval process outlined above for such amendments. C. Standards in the DBD District: 1. Residential uses shall be allowed only in the same structure as an office or commercial use type. Common entrances are encouraged. 2. The office or commercial use type must occupy at least the first floor of the structure, except as allowed by Section 106-306.5 and should be configured so as to be pedestrian friendly. 3. New construction or construction involving the demolition of existing buildings shall be of scale and construction materials so as to be appropriate with existing surrounding buildings. Materials and types of construction that should be given consideration include, but are not limited to: a. Brick facades; b. Cornices, parapets, molding, lintels and other externally visible decorations; c. Roof lines; d. Windows. 4. A homeowner's/property owner's association shall be created for each mixed use structure development. The association shall be responsible for the perpetual maintenance of the property and any open space or common areas within the development. 5. Parking for residents and employees shall be located on-site and shall be provided one (1) space per residential unit. according to the schedule listed in section 106-404.17 minimum parking required. D. Standards in the CBD District: 1. Notwithstanding Section 106-402, Buffer yards, screening and landscaping, a type B buffer yard shall be planted between mixed use development and residential development prior to the commencement of any non-residential use. 2. Residential occupancy shall be contained to the primary structure only. 3. Development utilizing residential structures shall delineate on the required site plan which structure is the primary structure. 4. Non-residential uses in accessory structures shall require a special exception permit in accordance with Section 106-524 of this chapter. 5. Non-residential uses to occur out of doors shall require a special exception permit in accordance with Section 106-524 of this chapter. 6. Multi-family residential mixed use development shall require a special exception permit in accordance with Section 106-524 of this chapter. 7. Parking shall be required on site and in accordance with Section 106-404 of this chapter. Sec. 106-314.5. - Towers. 18 (F) Towers shall either maintain a galvanized steel finish or, be monopole in design, and subject to any applicable standards of the FCC or FAA, be painted a neutral color. (R) Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the support buildings from adjacent property. The standard buffer shall consist of a landscaping strip of at least four feet wide outside the perimeter of the compound. Existing mature tree growth and natural land form on the site shall be preserved to the maximum extent possible. Antennas and other equipment located on the top or side of a building or structure shall be screened from public view. ARTICLE IV DEVELOPMENT STANDARDS Sec. 106-400. - Site plan review. (A) A site plan shall be required and shall be submitted to the city for each of the following: 1. All new development in every zoning district except for single family and two family dwellings. 2. The conversion of any single family or two family dwelling to any other use or to a higher intensity residential use. 3. Additions or modifications to buildings or sites, except single family and two family dwellings, if said addition or modification results in a 5,000 square foot or greater increase in impervious surface area of the site. 4. The conversion of any property from fee simple ownership to a condominium form of ownership. 5. The conversion of any building or property to a different use category, e.g., commercial to industrial. 6. Additions or modifications that may increase the requirements of any development standard including but not limited to parking, landscaping, and stormwater management. (B) All required site plans shall be prepared by a professional engineer, or land surveyor B, who is registered by the Commonwealth of Virginia. The city may waive this requirement if the type, scale or location of the proposed development does not necessitate such plans. (C) A plot plan, that meets the standards contained in section 106-406.3 shall be required for all uses or development not requiring a site plan. 19 Sec. 106-402.3. - Buffer yards. Table 1 Adjoining Zoning AG RSF RMF MHP RB DBD TBD CBD HBD BCD LM HM CUD PUD Site Zoning Category of Buffer Yard Required RMF B B * * * * * * * * * * B MHP B B B * B * * * * * * B B RB B B B B * * * * * * * * * DBD B B B B B * * * * * * * B TBD B B B B B * * * * * * * B CBD B B B B B B B HBD B B B B B * * * * * * B B BCD B B B B B * * * * * * B B LM C C C C A A A A A A * * C C HM C C C C A A A A A A * * C C CUD B B B B B B B B B B B B * * PUD * * * * * * * * * * * * * 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. (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. 20 Sec. 106-404.17. - Minimum parking required. (A) Agricultural Use Types Agritourism Schedule B (E) Commercial Use Types Microdistillery Schedule B (F) Industrial Use Types Distillery Schedule B Sec. 106-406.25. - On-site storage and temporary mobile storage containers. (A) Storage containers shall be considered accessory structures and shall be located in accordance with the standards for accessory structures as described in article II of this chapter. (B) No vehicle, truck body, manufactured home, mobile home, bus, trailer, recreational vehicle, shipping container, portable storage unit, or similar equipment shall be used as a storage container or building in any zoning district, except that: (1) Temporary mobile storage containers designed for site delivery and pickup may be placed and used on any property for a period not to exceed 30 days per calendar year. Such a container shall be placed in the driveway or rear yard of residentially zoned property. (2) Commercial and industrial use types may use shipping containers for storage provided that: a. All containers are maintained in suitable condition and be free of rust, deterioration, graffiti, etc. b. All containers are placed in an approved location that does not utilize existing parking spaces, fire lines, etc. c. All containers are placed in the rear of the property and shielded from public views. d. Such containers shall not be allowed for more than 90 consecutive days in any one- year period. (C) A zoning permit shall be obtained prior to the placement of any storage container. (D) No stacking of storage containers shall be allowed. ARTICLE V ADMINISTRATION SECTION 106-528 BOARD OF ZONING APPEALS 21 Sec. 106-528.1. - Powers and duties. (A) The BZA shall have the power and duty to hear and decide appeals from any written order, requirement, decision, or determination made by any administrative officer in the administration or enforcement of this chapter. No such appeal shall be heard except after notice and hearing as provided by § 15.2-2204 of the Code of Virginia, as amended. (B) Ex parte communications, proceedings. (1) The non-legal staff of the governing body may have ex parte communications with a member of the Board prior to the hearing but may not discuss the facts or law relative to a particular case. The applicant, landowner or his agent or attorney may have ex parte communications with a member of the Board prior to the hearing but may not discuss the facts or law relative to a particular case. If any ex parte discussion of facts or law in fact occurs, the party engaging in such communication shall inform the other party as soon as practicable and advise the other party of the substance of such communication. For purposes of this section, regardless of whether all parties participate, ex parte communications shall not include (i) discussions as part of a public meeting or (ii) discussions prior to a public meeting to which staff of the governing body, the applicant, landowner or his agent or attorney are all invited. (2) Any materials relating to a particular case, including a staff recommendation or report furnished to a member of the Board, shall be made available without cost to such applicant, appellant or other aggrieved person, under § 15.2-2314 of the Code of Virginia, as amended, as soon as practicable thereafter, but in no event more than three (3) business days of providing such materials to a member of the Board. If the applicant, appellant or other aggrieved person, under § 15.2-2314 of the Code of Virginia, as amended, requests additional documents or materials be provided by the locality other than those materials provided to the Board, such request shall be made pursuant to Section 2.2-3704 of the Code of Virginia (1950), as amended. Any such materials furnished to a member of the Board shall also be made available for public inspection pursuant to subsection F of Section 2.2-3707 of the Code of Virginia, (1950), as amended. (3) For the purposes of this section, "non-legal staff of the governing body" means any staff who is not in the Office of the City Attorney for the City of Salem, or for the board, or who is appointed by special law or pursuant to Section 15.2-1542 of the Code of Virginia (1950), as amended. Nothing in this section shall preclude the board from having ex parte communications with any attorney or staff of any attorney where such communication is protected by the attorney-client privilege or other similar privilege or protection of confidentiality. (C) Notwithstanding any other provision of law, general or special the BZA shall have the power and duty to authorize grant upon appeal or original application in specific cases a variance, as defined in Section 15.2-2201 of the Code of Virginia (1950), as amended, from the terms of this chapter as will not be contrary to the public interest, when, owing to special conditions a literal enforcement of this chapter will result in unnecessary hardship 22 provided that the burden of proof shall be on the applicant for a variance to prove by a preponderance of the evidence that his application meets the standard for a variance as defined in Section 15.2-2201 of the Code of Virginia (1950), as amended, and the criteria set out in this section. Notwithstanding any other provision of law, general or special, a variance shall be granted if the evidence shows that the strict application of the terms of the ordinance would unreasonably restrict the utilization of the property; or that granting the variance would alleviate a hardship due to a physical condition relating to the property or improvements thereon at the time of the effective date of the ordinance. No such variance shall be granted unless the spirit of the chapter shall be observed and substantial justice done. To legally grant a variance, the BZA must be presented evidence and make a finding that: 1. A property owner acquired the property in good faith and where by reason of the exceptional narrowness, shallowness, size or shape of the property at the time of the adoption of this chapter, or where by reason of exceptional topographic conditions or other extraordinary situation or condition of the property, the strict application of this chapter would effectively prohibit, or unreasonably restrict the use of the property; or 2. Due to the condition, situation, or development of immediately adjacent property, the strict application of this chapter would effectively prohibit, or unreasonably restrict the use of the property; or 3. That the granting of the variance will alleviate a clearly demonstrable hardship approaching confiscation, as distinguished from a special privilege or convenience sought by the applicant. 1. The property interest for which the variance is being requested was acquired in good faith and any hardship was not created by the applicant for the variance; 2. The granting of the variance will not be of substantial detriment to adjacent property and nearby properties in the proximity of that geographical area; 3. The condition or situation of the property concerned is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the ordinance; 4. The granting of the variance does not result in a use that is not otherwise permitted on such property or a change in the zoning classification of the property; and 5. The relief or remedy sought by the variance application is not available through a special exception process or the process for modification of a zoning ordinance at the time of the filing of the variance application. All variances granted must be in harmony with the intended spirit and purpose of this chapter. Specifically, the BZA must find that the strict application of the chapter would produce undue hardship. This hardship must not be shared by other properties in the same zoning district and in the same vicinity. The BZA must find that the granting of the variance will not be of substantial detriment to adjacent property and that the character of the district will not be changed by the granting of the variance. Finally, the BZA must not grant a variance unless it finds that the condition or situation of the property is not so general or recurring a nature as to make reasonably practical the formulation of a general regulation to be adopted as an amendment to this chapter. 23 No variance request shall be evaluated by the BZA until after notice and hearing as provided by § 15.2-2204 of the Code of Virginia, as amended. In addition, posting of the property shall be required as provided for in section 106-520.5 of this chapter. In granting a variance, the BZA may impose such conditions regarding the location, character and other features of the proposed structure or use as it may deem necessary in the public interest, and may require a guarantee or bond to ensure that the conditions imposed are being and will continue to be complied with. Sec. 106-528.9. - Certiorari to review decision of BZA. (A) Any person jointly or separately aggrieved by any decision of the BZA, or any taxpayer or any officer, department, board or bureau of the city, may present to the circuit court of the city a petition specifying the grounds on which aggrieved. This petition must be filed within 30 days of the BZA's decision. (B) Upon the presentation of such petition, the court shall allow a writ of certiorari to review the decision of the BZA and shall prescribe therein the time within which a return thereto must be made and served upon the relater's attorney, which shall not be less than ten days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the BZA and on due cause shown, grant a restraining order. (C) The BZA shall not be required to return the original papers acted upon by it but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds appealed from and shall be verified. (D) If upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a commissioner to take such evidence as it may direct, and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or in part, or may modify the decision brought up for review. (E) Costs shall not be allowed against the BZA, unless it shall appear to the court that it acted in bad faith or with malice in making the decision appealed from. In the event the decision of the BZA is affirmed, and the court finds that the appeal was frivolous, the court may order the person or persons who requested the issuance of the writ of certiorari to pay the costs incurred in making a return of the record pursuant to the writ of certiorari. (A) In accordance with the provisions of Section 15.2-2314 of the 1950 Code of Virginia, as amended, any person or persons jointly or separately aggrieved by any decision of the BZA, or any aggrieved taxpayer or any officer, department, board or bureau of the city, may file with the circuit court of the city a petition that shall be styled "In Re: date Decision of the Board of Zoning Appeals of the City of Salem, Virginia" specifying the grounds on which aggrieved. This petition must be filed within 30 days of the BZA's decision. (B) Upon the presentation of such petition, the court shall allow a writ of certiorari to review the decision of the BZA and shall prescribe therein the time within which a return thereto must be made and served upon the Secretary of the BZA or the Chairman of the BZA, which shall not be less than ten days and may be extended by the court. The allowance of the writ shall not stay 24 proceedings upon the decision appealed from, but the court may, on application, on notice to the BZA and on due cause shown, grant a restraining order. (C) The BZA shall not be required to return the original papers acted upon by it but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds appealed from and shall be verified. (D) Any review of a decision of the BZA shall not be considered an action against the BZA and the BZA shall not be a party to the proceedings; however, the BZA shall participate in the proceedings to the extent required by this section. The governing body, the landowner, and the applicant before the BZA shall be necessary parties to the proceedings in the circuit court. The court may permit intervention by any other person or persons jointly or severally aggrieved by any decision of the BZA. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review. (E) In the case of an appeal from the BZA to the circuit court of an order, requirement, decision or determination of the zoning administrator in the administration or enforcement of any ordinance or provision of state law, or any modification of zoning requirements pursuant to state law, the findings and conclusions of the BZA on questions of fact shall be presumed to be correct. The appealing party may rebut that presumption by proving by a preponderance of the evidence, including the record before the BZA, that the BZA erred in its decision. Any party may introduce evidence in the proceedings in the court. The court shall hear any arguments or questions of law de novo. In the case of an appeal by a person of any decision of the BZA that denied or granted an application for a variance, the decision of the BZA shall be presumed to be correct. The petitioner may rebut that presumption by proving by a preponderance of the evidence, including the record before the BZA, that the BZA erred in its decision. (F) Costs shall not be allowed against the City, unless it shall appear to the court that it acted in bad faith or with malice in making the decision appealed from. In the event the decision of the BZA is affirmed, and the court finds that the appeal was frivolous, the court may order the person or persons who requested the issuance of the writ of certiorari to pay the costs incurred in making a return of the record pursuant to the writ of certiorari. If the petition is withdrawn subsequent to the filing of the return, the City may request that the court hear the matter on the question of whether the appeal was frivolous. ARTICLE VI DEFINITIONS AND USE TYPES SECTION 106-602 USE TYPES. Sec. 106-602.1. - Agricultural use types. [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:] 25 Agritourism: Any activity carried out on a farm or ranch that allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities, including farming, wineries, ranching, historical, cultural, harvest-your-own activities, or natural activities and attractions. Sec. 106-602.9. - Commercial use types. [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:] Microdistillery. An establishment engaged in the production of spirits with a significant commercial component, such as a restaurant or retail store. Short-term lender. Establishments primarily engaged in short-term lending such as payday loans, car title loans, and refund anticipation loans. Sec. 106-602.11. - Industrial use types. [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:] Distillery. An establishment primarily engaged in the production of spirits for distribution. Sec. 106-602.13. - Miscellaneous use types. Mixed use structure. A Mmixed use structure is a single building or parcel wherein multiple uses such as residential and commercial share space. – – the roll call vote: all present - aye. In re: Hold public hearing to consider adopting a new official zoning map for the City of Salem, encompassing the entire city within the corporate limits. The new map would reflect the changes outlined in the proposed amendments of the Zoning Ordinance, Chapter 106, of THE CODE OF THE CITY OF SALEM, VIRGINIA, including the creation of a new zoning district WHEREAS, the Executive Secretary reported that this date and time had been set to hold a public hearing to consider adopting a new official zoning map for the City of Salem, encompassing the entire city within the corporate limits; the new map would reflect the changes outlined in the proposed amendments of the Zoning Ordinance, Chapter 106, of THE CODE OF THE CITY OF SALEM, VIRGINIA, including the creation of a new zoning district; and 26 WHEREAS, the Executive Secretary further reported that notice of such hearing had been published in the December 1 and 8, 2016, issues of the Salem Times Register and affected property owners were notified by letter mailed November 28 and 29, 2016; and WHEREAS, staff noted the following: as part of the previous update to the Comprehensive Plan, it was determined that there was a need to rework the Transitional Business District (TBD) zoning so that it better fits its intended use of being in areas that downtown would expand into in the near future; it was also determined that a lighter commercial zone than Highway Business District (HBD) was needed; the result of these decisions was the creation of the Community Business District (CBD), which includes some of the less intensive commercial uses but also allows for the mixing in of residential uses; the intent of the CBD zoning is that it be applied in transitional areas, places that are often corridors on the edges between more intensive commercial zones and more residential zones; these proposed changes would affect 212 of the properties within the City, nearly all of which are currently zoned TBD; the new map typically keeps TBD zoning around the downtown area but changes TBD parcels not near downtown to either Residential Business (FRB) or the new Community Business District (CBD); and WHEREAS, Ben Tripp, City Planner, appeared before the Commission explaining the request; he noted for the clarification of the audience, the first vote which was taken had to do with the zoning code changes, and this request is to adopt the proposed new zoning map which is shown on the wall; further, the map is the document which actually makes the changes in zoning to the affected properties; and WHEREAS, Commissioner King noted that she would like to address the comments made by Mrs. Nancy Wilson on the previous request; she stated that the proposed amendments are something which have been ongoing for months; City Council and Planning Commission along with the Zoning Administrator and City Planner have been working on this for some time; she did not want to leave Mrs. Wilson with the impression that this is something that came to them this afternoon and that they are just approving it without any thought or planning; she also noted that she wanted to thank everyone who has come out to the meeting this evening; the Planning Commission held an open house last week and only about 10 people came out for the event; she noted that this is their city and they would like for the citizens to take an active interest in all aspects of the city; so, please do not hesitate to ask questions or make comments; and WHEREAS, Nancy Wilson, property owner of 320 S. Broad Street and 1117 Tamarack Lane, appeared before the Commission; she noted that there was meeting last week but her 27 letter just stated the dates for this evening and the one for the City Council meeting; she questioned why they were not told of the meeting last week; Commissioner King noted that she believed the letter about the open house may have only gone to the property owners whose properties were being rezoned; Mr. Tripp noted the City publicized the Open House the way we typically do, like we have done for the downtown plan, etc.; it was publicized on the City’s website, social media, newspaper, television stations, etc.; the letter that Mrs. Wilson received did not specifically mention the Open House because he believes that her property was not one being rezoned, and he asked her if this was correct; Mrs. Wilson noted from looking at the map, that is correct; the letter that most property owners received was meant to inform the public that there were some changes occurring; Mrs. Wilson noted that most people did not know what properties were being affected so they came to the meeting to find out about it; and WHEREAS, Mrs. Wilson asked if the Zoning Commission and the Planning Commission have anything to do with run down property in the city; Chair Daulton noted that if she has an issue then she would highly encourage her to talk with the Zoning Administrator and the City Planner; Mary Ellen Wines, Zoning Administrator, noted that the city does not have a blight ordinance which a lot of cities do, but we can through the building code address any structural issues, run down or safety issues that may occur with property that is not being well maintained; we do not have anything that would affect the appearance of a property but we do have safety code issues that will affect any structures that could potentially be dangerous; she asked Mrs. Wilson if she would get in touch with them at the office, if she is aware of any property that needs to be addressed; Mrs. Wilson asked why a city would not have a blight ordinance; and Mrs. Wines noted in all honesty the state code defines blight as structurally unsafe and we already cover that with our building codes so an actual blight ordinance would not affect it any differently than the way we are addressing it now; Mrs. Wilson asked could the ordinance not be amended or redone to affect blight; Mrs. Wines noted that the city is working on some different avenues to address blight but blight is defined so severely; it really means that a building is structurally unsafe; so we have those avenues to address those issues already and just need to know if she is aware of a property that the city might not know about; Mrs. Wilson noted that she thought the city is aware of a lot of them; Mrs. Wilson asked if the city could not condemn property in Salem – she was told by a City Council member that we do not have an ordinance to condemn property; Mrs. Wines noted through the building code, if the structure is structurally unsound where it is a danger to the public, then the Building Official could condemn a building if necessary through the Board of Building Appeals; she noted that it is not a quick and easy process; Mrs. Wilson noted that she really hopes the city will work on this a little more thoroughly and she discussed an area on Main Street with buildings falling 28 down; Chair Daulton noted that the State Code is very specific, and the city has to follow what the state code says and we cannot deviate too much from that; and WHEREAS, Commissioner Carter noted that the Commission commends staff members for all the hard work which went into the zoning amendments and changes to the zoning map; he noted that they all need a big thank you; and ON MOTION MADE BY COMMISSIONER KING, SECONDED BY COMMISSIONER CARTER, AND DULY CARRIED, the Planning Commission of the City of Salem doth recommend to the Council of the City of Salem that the proposed zoning map Alternative #2 be approved as presented – the roll call vote: all present – aye. There being no further business to come before the Commission, the same on motion adjourned at 7:41 p.m.