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HomeMy WebLinkAbout1/23/2017 - City Council - Agenda -RegularSalem City Council Work Session Agenda January 23, 2017 City Manager’s Conference Room City Hall 114 North Broad Street, Salem 6:30-7:30p.m. I. Call to Order II. Roll Call III. Discussion Items a. Economic Development Update, Melinda Payne b. Other topics for discussion, City Manager IV. Adjournment City Council Meeting Monday, January 23, 2017, 7:30 PM Council Chambers, City Hall, 114 North Broad Street, Salem, Virginia 24153 1.Call to Order 2.Pledge of Allegiance 3.Bid Openings, Awards, Recognitions 4.Consent Agenda A.Minutes Consider approval of the minutes from the January 9, 2017 regular meeting. (There was no Work Session meeting on January 9, 2017). 5.Old Business A.Vacation of Right of Way Consider ordinance on second reading to permanently vacate a portion of right-of way in the Salem Woods Subdivision (lying east of Lots 1, 2, 3, and 4) consisting of 0.385 acres as shown on the attached drawing dated January 3, 2017. (Approved on first reading at the January 9, 2016 meeting.) B.Amendment to City Code Consider ordinance on second reading amending Chapter 106, Zoning, of the Code of the City of Salem, Virginia. (Approved on first reading at January 9. 2017 meeting.) C.Amendment to Zoning Ordinance Consider ordinance on second reading amending Chapter 106, of the Code of the City of Salem, Virginia pertaining to a new official Zoning Map dated December 2016 and Zoning District. (Approved on first reading at January 9, 2017 meeting.) 6.New Business A.Amendment to Zoning Ordinance Hold a public hearing and consider six (6) ordinances on first readings upon request to rezone the following properties: 104 Electric Road (Tax Map #80-2-4) from RSF Residential Single Family to CBD Community Business District, 503 South College Avenue (Tax Map #145-7-5) from TBD Transitional Business District to CBD Community Business District, 507 South College Avenue (Tax Map #145-7-6) from TBD Transitional Business District to CBD Community Business District, One Front Avenue (Tax Map #234-5-2) from LM Light Manufacturing District to CBD Community Business District, 1516 King Street (Tax Map #234-5-3) from LM Light Manufacturing District to CBD Community Business District, and 917 South Colorado Street (Tax Map #184-4- 10) from HBD Highway Business District with condition to HBD Highway Business District with no condition. (As advertised in the January 5, and January 12, 2017 issues of the Salem Times Register. Recommend approval; See Page 1 Planning Commission minutes.) STAFF REPORT B.Amendment to City Code Hold a public hearing and consider ordinance on first reading amending Chapter 106, Article II District Regulations, Section 106-212(A)(7), Article III Use and Design Standards, Section 106-314.2(C)&(E), Article IV Development Standards, Section 106-402.7(D)&(E) and 106-404.1(A) pertaining to miscellaneous uses, buffer yards, screening & landscaping, and off-street parking requirements. (As advertised in the January 5, and January 12, 2017 issues of the Salem Times Register. Recommend approval, as amended; see Page 3 Planning Commission minutes.) STAFF REPORT C.Amendment to City Code Hold a public hearing and consider ordinance on first reading amending Chapter 66, Signs, of THE CODE OF THE CITY OF SALEM, VIRGINIA. (As advertised in the January 5, and January 12, 2017 issues of the Salem Times Register. Recommend approval; see Page 6, Planning Commission minutes.) STAFF REPORT D.Municipal Broadband Resolution Consider adoption of resolution 1309 in support of Municipal Broadband. E.Appropriation of Funds Consider request to accept and appropriate grant funds received from the Virginia Department of Criminal Justice Services. Audit - Finance Committee F.Appropriation of Funds Consider request to accept and appropriate donation received from Norfolk Southern Corporation for the Project Lifesaver Program. Audit - Finance Committee G.Taxicabs Consider setting a public hearing in accordance with Section 98-94 of THE CODE OF THE CITY OF SALEM, VIRGINIA, for the issuance of Certificates of Public Convenience and Necessity for the next twelve (12) months. (Suggest March 13, 2017) H.Boards & Commissions Consider appointments to various boards and commissions. I.Salem Red Sox Scoreboard Authorize the City Manager to execute a contract with Daktronics, subject to approval of legal counsel as to form, for the score board system in the amount of $417,723.19. Audit - Finance Committee Supplemental Item J.2016 Football State Championship To adopt Resolution 1310 honoring the Salem Football team for winning the 2016 Virginia High School League 4A State Championship. Supplemental Item 7.Closed Session 8.Adjournment Audit - Finance Committee meeting, Monday, January 23, 2017, 8:00 a.m., City Manager's Conference room Work Session meeting, January 23, 2017, 6:30 p.m., City Manager's Conference room City Council Meeting Monday, January 23, 2017, 7:30 PM Council Chambers, City Hall, 114 North Broad Street, Salem, Virginia 24153 1.Call to Order 2.Pledge of Allegiance 3.Bid Openings, Awards, Recognitions 4.Consent Agenda A.Minutes Consider approval of the minutes from the January 9, 2017 regular meeting. (There was no Work Session meeting on January 9, 2017). 5.Old Business A.Vacation of Right of Way Consider ordinance on second reading to permanently vacate a portion of right-of way in the Salem Woods Subdivision (lying east of Lots 1, 2, 3, and 4) consisting of 0.385 acres as shown on the attached drawing dated January 3, 2017. (Approved on first reading at the January 9, 2016 meeting.) B.Amendment to City Code Consider ordinance on second reading amending Chapter 106, Zoning, of the Code of the City of Salem, Virginia. (Approved on first reading at January 9. 2017 meeting.) C.Amendment to Zoning Ordinance Consider ordinance on second reading amending Chapter 106, of the Code of the City of Salem, Virginia pertaining to a new official Zoning Map dated December 2016 and Zoning District. (Approved on first reading at January 9, 2017 meeting.) 6.New Business A.Amendment to Zoning Ordinance Hold a public hearing and consider six (6) ordinances on first readings upon request to rezone the following properties: 104 Electric Road (Tax Map #80-2-4) from RSF Residential Single Family to CBD Community Business District, 503 South College Avenue (Tax Map #145-7-5) from TBD Transitional Business District to CBD Community Business District, 507 South College Avenue (Tax Map #145-7-6) from TBD Transitional Business District to CBD Community Business District, One Front Avenue (Tax Map #234-5-2) from LM Light Manufacturing District to CBD Community Business District, 1516 King Street (Tax Map #234-5-3) from LM Light Manufacturing District to CBD Community Business District, and 917 South Colorado Street (Tax Map #184-4-10) from HBD Highway Business District with condition to HBD Highway Business District with no condition. (As advertised in the January 5, and January 12, 2017 issues of the Salem Times Register. Recommend approval; See Page 1 Planning Commission minutes.) STAFF REPORT B.Amendment to City Code Hold a public hearing and consider ordinance on first reading amending Chapter 106, Article II District Regulations, Section 106-212(A)(7), Article III Use and Design Standards, Section 106-314.2(C)&(E), Article IV Development Standards, Section 106-402.7(D)&(E) and 106-404.1(A) pertaining to miscellaneous uses, buffer yards, screening & landscaping, and off-street parking requirements. (As advertised in the January 5, and January 12, 2017 issues of the Salem Times Register. Recommend approval, as amended; see Page 3 Planning Commission minutes.) STAFF REPORT C.Amendment to City Code Hold a public hearing and consider ordinance on first reading amending Chapter 66, Signs, of THE CODE OF THE CITY OF SALEM, VIRGINIA. (As advertised in the January 5, and January 12, 2017 issues of the Salem Times Register. Recommend approval; see Page 6, Planning Commission minutes.) STAFF REPORT D.Municipal Broadband Resolution Consider adoption of resolution 1309 in support of Municipal Broadband. E.Appropriation of Funds Consider request to accept and appropriate grant funds received from the Virginia Department of Criminal Justice Services. Audit - Finance Committee F.Appropriation of Funds Consider request to accept and appropriate donation received from Norfolk Southern Corporation for the Project Lifesaver Program. Audit - Finance Committee G.Taxicabs Consider setting a public hearing in accordance with Section 98-94 of THE CODE OF THE CITY OF SALEM, VIRGINIA, for the issuance of Certificates of Public Convenience and Necessity for the next twelve (12) months. (Suggest March 13, 2017) H.Boards & Commissions Consider appointments to various boards and commissions. 7.Closed Session 8.Adjournment Audit - Finance Committee meeting, Monday, January 23, 2017 , 8:00 a.m., City Manager's Conference room Work Session meeting, January 23 , 20 17, 6:3 0 p.m., City Manager's Conference room rrM*34_ City Council Meeting DATE l-a3-t'l MINUTES Mondq).,Ianuary o. 201', 7:30 PM council chambers, city Hall, 114 North Broad Street, Salem, Mrginia24153 t.Call to Order A regular meeting of the council of the city of Salenr, Virgnia, was called to order at 7:30 p.rn, there being present the following members to wit: Byron Randolph Foley, Mayor, Wlliam D. Jones, Mce-Mayor (absent), Councilrnembers: Jane W Johnson, James A. Martin, and James L. chisoq along with Kevin S. Boggess, city Manager; James E. Taliaferro, II, Assistant city Manager and Clerk of councit (absent); Melinda J. Payne, Director of Economic Development; Rosemarie B. Jordaq Director of Finance (absent); Charles E. VanAllmaq Jr., Director of Community Development; Mike Stevens, Communications Director; Crystal L. IaBrie, Executive Secretary to the City Manager; and Stephen M. yost, City Attomey. Pledge ofAllegiance Bid Openings, Awards, Recognitions Corsent Agenda A. Minutes corsider approval of the minutes from the December 12,2016 work Session and regular meeting. Received as presented B. Financial Report consider acceptance of the Statement of Revenues and Expenditures for five months ending November 30,2016. Received as presented 5. Old Business A. Fire Prevention and Protection Ordinance consider ordinance on second reading to amend chapter 34, Article I Section 34-6, Article II, Sections 3440,3441,3442 ard Section 3443-34-6o,Article III, Section , 3. 4. B. 34-63, Subsections 106.9, tO6.tO,tO7.Z,Table,302.l, 30i.t,307.1.1,307.2, 307 .2.2, 307 .2.3, 307 .3, 307 .3. t. t, 307 .4, 307 .4. t. t, 307 .4.2.1, 307 .4.3,307. 5 and appendices pertaining to fire prevention and protectiorl Jane Johrson motioned to approve the ordinance on second reading amending Chapter 34, Article I, Section 34-6, Article II, Sectiors 3440, 3441,3442 ;rrd, Section 34-43-34-60, Article III, Section 34-63, Subsections 106.9, 106.10, 107.2, Table, 302.1,, 307.1,307.1.1,307.2,307.2.2,307.2.3,30i.3,307.3.t.1,307.4, 307.4.1.1,30'1 .4.2.1,307.4.3,307.5 and appendices pertaining to fire prevention and protection James Chisom seconded the motion Ayes: Chisonl Foley, Johnson, Martin Absent: Jones Vacation of Right of Way Receive \4ewers report and consider ordinance on first reading to permanently vacate a right-of way for the area behind I-ots l, 2, 3, and,4 from Plat Book 5, page 2l . Beginning at the point of curvature for curve C2, heading N75" 56' 30" E for 154.36 feet to the unopened right ofway lane, then 542. ll'47" E for 290.28 feet, then S47" 48' 13" W for 50.00 feel, then N42o 11' 47" W for 219.34 feet, and around curve C2 back to the point of curvature, as shown in the attached drawing. (As advertised in November 28, and Decemb er 5, 2016 isstrcs of The Roanoke Times.) Mr. Boggess noted included in Council's packet is the amended request from the petitioner which shows closing only a section of Penguin tane behind the four properties on Mountainview Avenue, and not the entire length of the unopened portion of Penguin [ane. This will leave the remaining right of way for the road should there be a request to develop the remaining acreage in the future. He flrther noted, as the Mayor had noted, a public hearing was held at the previous meeting but if there are any questions fiom the adjacent property owners we can try and address those. Mayor Foley noted there have been some changes to the request; if there are any property owners in the audience who have questions or concems, then they could come forward and speak. Mr. Ray Penr.rey of 1100 Mountainview Drive appeared before Council. He asked how would the tax implications be handled on this request. In a normal property conveyance, there are recording deed fees, fees for tax stanps, as well as the additional property he assumes would be taxed at the current real estate tax rate. He asked ifthis could be addressed this evening. Mr. Yost noted that there would not be any recording fees. If this is approved this evening, then a certified copy of the ordinance and the plat would be recorded, and this would have the effect of closing the street and transferring title. So there would be no fees to Mr. Penney for this. Mr. Perurey asked if the portion of the road that would go to the adjacent property owners would affect a real estate tax assessrnent; Mr. Yost said he is not a expert on this, but he believes that potentially it could affect the assessment. But this is not his expertise so he really cannot tell him how much it would affect his taxes. Mr. Penney noted that according to the information he had received his lot would get about only 200 square feet so it is really not a very large piece. He noted that he did have another question about the lines drawn on the map. The surveying lines show a rectangular end to the easement at Penguin I-ane and this is parallel to the side of his property. He further explained there appeared to be a discrepancy in the lines, which he believes is going to aflect whether he gets a rectangular piece or a pie shaped piece of property. He thought this might need to be investigated. Mr. Yost noted that this could be looked into since it will have to come back for a second reading. Mayor Foley asked Mr. Boggess if staffcould look into this. There was further discussion regarding the survey, and Chuck VanAllrnaq Director of Community Development, noted that his office would look into this. Mr. Boggess noted that the City would make sure that it is correct before the second reading of the item Mayor Foley asked if there were any other property owners present who are potentially affected by this decision There was no response, and the comrnent session was closed. Mayor Foley asked if Mr. Boggess had arything else to add. Mr. Boggess noted for the record that the viewers did concur with the recommendation for vacating the right of way. James Martin motioned to approve the ordinance on fust reading to permanently vacate a right-of way for the area behind tots 1, 2, 3, and 4 from Plat Book 5, page 21 . Beginning at the point of curvature for curve C2, heading N75" 56' 30" E for 154.36 feet to the unopened riglt ofway lane, then 542' ll'47" E for 290.28 feet then S47o 48' 1 3" W for 50.00 feel, then N42" ll' 47" W for 219.34 feet, and around curye C2 back to the point of curvafure, as recommended by the viewers and as shown in the attached drawing. (As advertised in November 28, and, December 5,2016 issues ofThe Roanoke Times). James Chisom seconded the motion. Ayes: Chisorq Fo1ey, Johnsorl Martin Absent: Jones 6. New Business A. Conveyanceofproper$ Hold a public hearing to consider the sale of the property located at g west Main Street, Salenl Virginia, Tax Map # 122-6-g, corsisling o1.36 acres. (As advertised in the December 29, 2016 issue of the Salem Times Rigister. ) Mr. Boggess noted as city council is aware the city is now the owner of what we all refer to as the West Salem Body Shop. By statue, we are required to hold a public hearing before we can consider selling any publicly held real estate or real property. This is what council is being asked to do this evening. The plan would be to hold the public hearing and in the mean time Mrs. Jordan and our procurement staff are working on a request for proposal to put out on the street for developers to give us some ideas as to what they would do to further the downtown plarl economic development, and our tax base in downtown. So we would ask developers and others if they have an idea of something they would parhrer with the city to do with the building or purchase the buildrng ftom the city that would fi.rther those ideas. He noted that staff hopes to have the RFP out within two weeks and be reviewing the proposals within 30 days after that. Mayor Foley opened the public hearing and asked if anyone would like to corne forward and speak on the issue. There was no response, and the public hearing was closed. Mayor Foley asked if Mr. Yost had any cornrnents. Mr. Yost noted that the action would be for the City Marnger to proceed to prepare a Request for proposals and receive proposals on this particular parcel. James Chisom motioned to direct the City Manager to prepare a request for proposals, receive proposals, and to bring any such proposals back to City Council for action related to the sale of the property located at 8 west Main Street, Salenr, Vrginia, Tax Map # 122-6-8, consisting of .36 acres. (As advertised in the December 29,2016 issue of the Salem Times Register). James Martin seconded the motion. Ayes: Chisonr, Foley, Jolrsoq Martin Absent: Jones 231 Chestnut Street Consider approval of a Performance Agreement between 23 1 Chestnut Street, L[C, the Economic Development Authority of the City of Salem, Mrghia and the Ciry of Salem. Mr. Boggess noted that this is the perforrrxance agreenrcnt related to the redevelopment of the Chestnut Manor Apartrnents on Chestnut Street. The property was developed in the 1940s and has served this community very well until somewhat recently when the property has deteriorated to poor condition, and there has been some crime issues, including a shooting this past surffner. Several developers have looked at the project to try to find a way to rehab it and bring it back to a better living oppornrnity for renters. In our performance agreement with 231 Chestnut Street, Lrc, the city has reached performance terns to allow them to be able to go in and rehab this property with some incentives provided by the City. There are three parts to the ageement: one, is a grant based on the amount of money they invest in the property and ultimately, they need to invest at least 1.9 million dollars in the property after they purchase it in order to qualifu for the full gant paid by the City. The second part of it is a five-year term where the City would rebate the new tax revenue generated from the inproved value. So we take the baseline current value and once they spend 2 million on this building it will be assessed at the new value. In over a five-year period, we would rebate them the difference they would pay in real estate taxes between those two values. The fiml part of the incentive is the waiver of building permit fees, site plan fee, and other fees they would incur as a redeveloper for this property. From staffs perspective, including the Fire Departnent and Police Department, we are all very happy to see the potential this property has to be redeveloped, and we are very fortunate to have a good developer, an experienced group, to come in and rehab it from the concrete walls out. It will all be new in about a year from now. Mayor Foley thanked Mr. Boggess and asked if there were any questions for staff or for the representatives from 231 Chestnut Street, LLC. Mr. Martin noted it sounds like from the discussions that we have firm stage gates set up for the builder/developer to prove or document what irrprovements have been made before the release ofour incentive dollars. Mr. Boggess noted that this is correct. He noted the performance agreenrcnt included has a budget estimate that shows approximately 2.2 million dollars of needed inprovements in order to bring the apartrnents up to new quality. Further, the grant is broken into three parts which hits three different physical years for the city, but each opportunity where the developer can apply for a portion ofthe 5350,000 grant is defined by an amount they have invested in the property at that point. So they would have to do that and we will see those receipts from the contractor working for the developer to show proof they have in fact invested these dollars in the project before we would consider making the palment. Mr. Martin asked about the the incentive package, if we have room in the budget to cover this. Mr. Boggess noted that Mrs. Jordan was able to secure $100,000 in the current physical year which has already been set aside and then we will be budgeting the remaining two payments in the new two physical years which agaiq we believe, we will have revenue growth and certainly can make room and change some things to make this work. But he thinks what we will see is this development will pay dividends tlroughout the community and ultimately we will see a rise in real estate taxes and others just because of this investment. Mrs. Johnson asked if they would be rental apartments, and Mr. Boggess noted that this was correct; mostly one-bedroom units and a few two-bedroom ones. Mr. Martin asked if it would be 30 units and it was noted that it would be 40 units. Mr. Martin further noted that we will have 40 units with new people and families living in an area which will add a great deal to the surrounding business, and Mr. Boggess noted ce(ainly this would help the downtown area, too. Mr. Chisom noted he understood there would be new parking created in the rear which should alleviate the on-street parking, and Mr. Boggess noted that it should help with that. Furtheq they are planning to clean out the creek in back, and add playground equipment and additional parking. Mr. Chisomnoted it sounds like this will make it more family friendly not only for the apartments but for the surrounding neighborhood. Mayor Foley noted the Economic Development Authority technically will issue the gants, and Mr. Boggess stated that this is correct. Once Council approves it tonight, then the EDA will hold a meeting to approve and the grants will actually be paid through the EDA. Mayor Foley thanked 231 Chestnut Street LIC and commended others that rnay come forward in the coming months and years to begin to redevelop many of the properties in the downtown area which have a lot ofpotential. He noted that he looks forward to seeing the final results. Jane Johrson motioned to approve the Performance Ageement between 231 Chestnut Street, Lrc, the Economic Development Authority of the City of Salenq Wginia and the City of Salern James Chisom seconded the motion. Ayes: Chisonl Foley, Johrsoq Martin Absent: Jones Amendment to City Code Hold a public hearing and corsider ordinance on first reading amending Chapter 106,Znrung of the Code of the City of Salerrl Mtgnia. (As advertised in the C. Decerher 22 and 29, issues of the Salem Times Register.) Recorrrnend approval; see page I of Plaruring Connnission minutes. STAFF REPORT Benjamin Tripp, city Planner, appeared before council. There are two issues on your agenda tonight: #1 is a set of changes to the text of the zoning ordinance, and #2 is the proposed zoning map. As we were moving through this process we wanted to be transparent and to keep the public informed. Staff sent a letter to every property owner in the city notiffing them that these issues would be corsidered, and directing them to the inforrnation online and to staff resources for questions. We also held an open house on December 8th to provide the opportunity for citizens to ask questions about their property. Ofthe 10,500 some parcels ofland in the city, only around 214 are actually proposed to change, most of which are curently zoned Trarsitional Business District (TBD). The zoning for the vast nrajority of property owners will remain the same. The frst item for consideration is a set of changes to the zoning ordinance. From time to time the ordinance needs to be updated to stay current, so staff added a few new uses which didn't exist before, such as microdistillery and agritourism These changes are mostly housekeeping. The most sigrificant addition to the ordinance is the creation of the Community Business District (CBD) zoning. The Statement of lrtent for CBD lays out its intention preffy well: 'CBD has been created to allow a variety of commercial and service uses to coexist with residences in a trarsition;al, mixed-use environment. cBD districts are typically transitional areas, often corridors, on the edges between commercial and residential zones." So, the purpose of CBD is to provide a lighter connnercial district than Highway Business District (HBD), but more intersive than Residential Business District (RB). The uses in cBD are similar to what was found in TBD, but with the addition of mixed-use, which can allow someone to live and operate a business in the same structure for example. How all this works on the ground will be controlled ttrough the site plan review process, which addresses parking landscaping stormwater, and other issues. Since this has been an ongoing process, we have a couple of minor wording changes which Planning commission included in their recommendation He noted those 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 106404.17 Minimum parking required in Development Standards, and he further explained the changes in the wording. The second item for consideration are the changes to the official zoning map. tocalities are given the authority to inplement zoning under section 15.2-2280 of the Code of \4rgrnia, and this item is corsidered under that authority. The proposed zoning would change approximately 214 properties, primarily to address TBD zoned properties that are not near the downtown. Most ofthose properties are along Colorado Street, College Avenue, and Fourth Street, with a few others in more far flung places such as Eddy Avenue, South Colorado Street, and near the Veterans Affairs Medical Center. There were two citizen requested changes to the original n:rip tl:r;t was presented and these were also included in the Planning Commission's recommendation These are Tax Map 160-8-1 which is currently TBD, was proposed to be HBD but has been changed to CBD, and Tax Map 120-84, which is currently RMF, was proposed to be TBD, but will be staying RMF. Mayor Foley noted for the public's information this is not the first time that Council has heard this information as they have had several work sessions and joint work sessions with the Planning Commission prior to this fireeting. Mr. Martin noted for properties where the zoning is changing maybe from TBD Transitional Business District to CBD Community Business District for existing properties with existing businesses, will they be able to continue to do the same type ofbusiness they are doing today. Would this be kind of like a grandfather situation? Mr. Tripp noted that this would be correct, but it was probably a better question for the Zoning Administrator, Mary Ellen Wnes. But generally something that has been grandfathered would continue to operate as long as the use was not discontinued for the required period of time. However, when staff made the changes to the rnap, they looked at each property and tried to make an educated guess ofhow it was being used so we could avoid any issues of grandfathering. Usually if it was a commercial structure it was changed to CBD and if it was a residential structure then it became RB Residential Business, in other words they tried to put in the zoning where the use would be a by-right use. Mayor Foley opened the public hearing and asked if anyone would like to speak on the matter. K C. Jones of 146 Bogey Iane appeared before the Council; he noted they have a piece of property located on King Street that is currently zoned Light Manufacturing. D. Should every'thing pass this evening and say in five years they elect to sell the property to someone who wants to use the property for light manufacturing will the grandfather right cease when they sell or will it go with ttr-e property? Mayor Foley noted he thought he knew the answer but would prefer Vrs. Wines, Zorung Administrator, to respond. Mrs. wines noted that Mr. Jones' property will remain Light Manufacturing zoning. So whenever they decide to sell in ihe futur. *hut.r.. use the new owners would like to do that is allowed by the LM zoning would be permitted. Mr. Jones asked about the new zoning designatioq cBD, and asked if it would affect his property. Mrs. wines noted that his property was not on the list of changes so any use in Ught Manufacturing zoning would be allowed. Mr. Jones noted that he had received two letters, and one letter said it was going to change. Mrs. Wines stated that staff would take a look at this. Mayor Foley asked if there was anyone else who would like to speak related to this matter. There was no response, and the public hearing was closed. There was additional discussion regarding grandfather rights, etc. Mrs. Wines apologized and stated Mr. Jones' property was on the list of changes. His property is being changed to CBD Conrnunity Business District from LM Light Manufacturing. The current use would be grandfathered and could continue to be used that way even ifthe property is sold. The grandfather rights stay with the property unless it ceases to be used that way for two years or more. Then it would revert to the current zoning. Mayor Foley asked what the property is currently being used for, and Mrs. Wnes noted it is a septic system business. Mayor Foley asked Mr. Jones if this was satisfactory and Mr. Jones noted that it was okay with him James Martin motioned to adopt the ordinance on first reading amending Chapter 106,Znntng, of the Code of the City of Salenl Mrgrnia. (As advertised inthe December 22 and 29, issues of the Salem Times Register). Jane Johnson seconded the motion. Ayes: Chisonr, Foley, Jotrsorl Martin Absent: Jones Znnrng Ordinance Amendment Hold a public hearing and consider ordinance on first reading amending Chapter 106, of the Code of the City of Saler4 Mrginia pertaining to a new official Zoning Map dated December 2016 and Zoning District. (As advertised in the December 22 and 29,2016 issues of the Salem Times Register.,) Recomrnend approval of Altemative #2; See page 25 of Planning Commission minutes. STAFF REPORT E. Mr. Tripp noted that he would just clarify the item for the audience's benefit. This item is the actual adoption of the zoning map which changes the zoning. Mayor Foley noted the previous item was changing the language in the code and this is the zoning map which goes along with what was just aaoptea. He noted that this is a public hearing if anyone would like to speak on this itern There was no response, and the public hearing was closed. James Chisom motioned to adopt the ordinance on first reading amending chapter 196, 9f the Code of the City of Saler4 Mrginia pertaining to a new official Zoning Map dated December 2016 (Altemative #2). (As advertised in the December 22 and 29,2016 issues of the Salem Times Register). James Martin seconded the motion- Ayes: Chisonr, Foley, Jotrsorl Martin Absent: Jones Marketplace Fairness Act consider adoption of Resolution 1308 in support of the Marketplace Faimess Act. Mrs. Johnson noted that this came before the U. S. Senate in 201 1 . This is not creating a new tax but basically what is happening to retailers is that there seems to be an unfair or unlevel playing field between intemet retailers that do not have to collect sales tax and remit it to the states and localities and those retailers like herself who own bricks and mortar businesses who do collect sales tax and remit it to the state and the localities. The bill passed in the senate but by the time it got to the House it was stalled. She believes that it was rewritten and reinhoduced in 2015; but there has not been any action taken on it. Our friends in Roanoke City contacted her and said that they were going to submit a resolution to our legislators to bring the item back in the next session of the General Assembly to revisit it and hopefully pass it. Big intemet retail conpanies like Amazon have already started to collect sales tax and remit it to the states. There is certainly no desire on any of their parts to make it a hardship for smaller businesses to do this as there are plenty of software packages to make it relatively easy. Agairl she noted this is not a new tax but taxes that our states and localities are not getting and they really need them do to the work we need to do. She stated that she is in full favor of passing this resolution. Mayor Foley noted that not only are the localities not getting their due revenue, but it is costing the bricks and mortar businesses when the intemet businesses are not charging the sales tax. Mrs. Johrson noted that she has a lot of requests to waive sales tax. She is still going to collect and pay it, but it does make an inpact on their businesses. She noted that there are a lot of smaller businesses that have decided they do not want to try to conpete any more. It is tough enough without this unfair field and hopefully it will make a difference. Jane Johnson motioned to adopt Resolution 1308 in support of the Marketplace Faimess Act. James Martin seconded the motion Ayes: Chisorrl Foley, Johnsoq Martin Absent: Jones Boards and Commissions Consider appointments to various boards and commissions. Mayor Foley noted that a list of candidates and openings that are available was in the meeting packet. There was a discussion held regarding the appointment of Mr. Garst to the Planning Commission. Mayor Foley asked if Council members were comfortable on voting on this appointrnent, and it was noted that Council was ready to vote on this item Mr. Yost noted the appointment of Mr. Prosser for the Board of Equalization is actually a recommendation to the Circuit Court Judges and he will take care of this. Jane Johrson motioned Jane Johrson motioned to reappoint John R Hildebrand to the Board ofAppeals for a five-year term (current term ended January 1,2017);to reappoint David A. Prosser to the Board of Equalization of Real Estate Assessment for a three-year term (current term expired on November 30, 2016); to reappoint Mlliam D. Jones with Byron R. Foley as alterxate, James E. Taliaferro, II, with Rosernarie Jordan as alternate, and Eric A. Atkins with April M. Staton as alternate with terms ending as the members are replaced (current terms expired December 31, 2016); and additionally, to appoint Reid Garst to the Planning Conrnission. James Martin seconded the motion. Ayes: Chisonr, Foley, Johrsorq Martin 1 Absent: Jones Closed Session 8. Adjoumment '20:g ]e poujnoips se,^(\ Suqoou oqJ [EM# 54 pn6l-a3-l'1 AN ORDINANCE enacted pursuant to the provisions of Section 15.2-2272 of the 1950 Code of Virginia, as amended, providing for vacating a right of way in the City of Salem, Virginia. WHEREAS, and application to vacate a portion of Penguin Lane and a portion of right- of-way situate in Salem Woods Subdivision (lying east of lots l, 2,3, and 4) has been filed with the City of Salem, Virginia pursuant to said Section 15.2-2272 consisting of 0.385 acres as shown on that certain drawing prepared by the City of Salem Engineering and Building Inspections Department dated January 3, 2017, attached hereto and made a part hereof (herein "Vacated Right-of-Way"). WHEREAS, pursuant to Section 15.2-2272 and Section 15.2-2204, the applicant in this proceeding has caused a public notice to be published in The Roanoke Tlmes, a newspaper published and having general circulation in the City of Roanoke and City of Salem, Virginia, such publication having been made fwice, with at least six days elapsing between the first and second publication, to-wit; on November 28, 2016 and December 5, 2016 and such notice specified the time and place of hearing to-wit: December 12,2016 at 7:30 p.m. in the Council Chambers ofthe City of Salem, at which time persons affected may appear and present their views, all of which is shown by a Certificate ofPublication executed by The Roanoke Times and filed with the papers in their proceeding; and WHEREAS, a proper notice has been given to the land proprietors affected by the closing; and WHEREAS, the Council, after considering the evidence submitted, is of the opinion that vacating and closing portions of the right ofway described above will not abridge or destroy any ofthe rights and privileges ofany person, and that no inconvenience would result to anyone therefiom, and it is further ofthe opinion that the request of the applicant should be granted; NOW, THEREFOR-E, BE IT ORDANED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, that the Vacated Right-of-Way is permanently vacated, discontinued, and closed as provided in Section | 5.2-2272 ofthe 1950 Code of Virginia, as amended to date; subject to a public utility easement, which is hereby reserved in the Vacated Right-of-Way by the City; and BE IT FURTHER ORDAINED that title to the Vacated Right-of-Way shall vest in the adjoining property owners with the provisions of Section 15.2-2274 of the Code of Virginia (1950) as amended subject to the public utility easement retained and reserved by the City. BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, that a certified copy of this ordinance be delivered to the Clerk of the Circuit Court ofthe City of Salem, Virginia, for recordation therein, and to the City Engineer ofthe City of Salem, Virginia, make appropriate notice ofvacation herein approved on the maps and other documents in his office. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be and the same hereby repealed. This ordinance shall be in full force and effect ten (10) days after its final passage. Upon a call for an aye and a nay vote, the same stood as follows: James L. Chisom - James A. Martin - William D. Jones - Jane W. Johnson - Byron Randolph Foley - Passed: Effective: Mayor ATTEST: James E. Taliaferro, II Clerk of Council, City of Salem, Virginia COORDINATE LIST #N ORTH ING EASTING 1 IO,Ofi.7274 50,242.5122 2 IO,188.7267 50,762.6913 3 10,190.9853 5L,O70.L775 IU RIGHI OF AREA TO VACATED 0.385 AC WAY BE -"------';*" i;* e#f PB 5 PG 21 OR IGI N AL P LAT SALEM WOOD S Scale: 1"=L00' L-51.5/t9, R-25.0OOl.tta.t40e stt roR CF ?.\'^ 0.436 Ac",Y 'o\---/x.&\% .,ri,- LOT 1 \,'- o 4o9 Ac -.. !o oo] (*. ---e* LOT 2 0.436 AC ? Lor 4 ,!,,Y'- o.+:s rc i7 City of Salem Engineering and Building lnspections Department 21 South Bruffey St. Salem, VA 24153 (540)37s-3032 Drawn By: JLP Checked By: WLS Dale. 0110312017 Drawing Name: PENGUIN LANE ROWVACATION Scale: 1" = 100' Revlsions: - Sheet No: 1/1 -4!, @ 100 300 rEM#56 d DRIE l-aoa1 AN ORDINANCE TO AMEND, REVISE, AND REORDAIN CHAPTER 106, pertaining to the addition of Section 106-213 Community Business District (CBD) and additional amendments including: Article II District Regulations, Sections 106-200.2.(AX1), Section 106-210.2.(AX3), (A)(5), (AX7) & (B)(3), Section 106-212.2.(BX3) & (B)(5), Section 106- 214.2.(9)(4), Section 106-218.2.(BX6), and Section 106-220.2.(B)(6), Article III Use and Design Standards, Section 106-306.5.(BX1-2), Section 106-310.21.(AX1-2), Section 106- 312.5.(AX1), Section 106-314.2.(A), (BX1-3), (CX1-5), (DX1-7), and Section 106-314.5.(F) & (R), Article IV Development Standards, Section 106-400.(,4.)(6), Section 106-402.3. Table l, 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 structues; office use types, short-term lender; distilleries; mixed use; buffer yards; towers; site development regulations; on-site storage and temporary mobile storage containers; Board ofZoning Appeals; and definitions and use types. BE IT ORDAINED BY THE COI.INCIL OF THE CITY OF SALEM, VIRGNIA, thAt Chapter 106, of The Code of the City of Salem, Virginia, Section 106-213 Community Business District (CBD) and additional amendments including: Article II District Regulations, Sections 106-200.2.(AXl), Section 106-210.2.(AX3), (AX5), ( )(7) & (B)(3), Section 106-212.2.(B)(3) & (B)(5), Section 106-214.2.(B)(4), Section 106-218.2.(BX6), and Section 106-220.2.(8)(6), Article III Use and Design Standards, Section 106-306.5.(BX1-2), Section 106-310.21.(AXI-2), Section 106-312.5.(AXl), Section 106-314.2.(A), (BX1-3), (CX1-5), (DX1-7), and Section 106-314.5.(F) & (R), Article IV Development Standards, Section 106-400.(4)(6), Section 106-402.3. Table l, Section 106-404.1l.(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 106-602.1 1., and Sec. 106-602.13, be amended, revised, and reordained to read as follows: CHAPTER 106 ARTICII II DISTRIST REGUI.{TIONS SECTION lOG2OO AGRICULTURE DISTRIST Sec. 10G200,2. - Pemrited uses. (A) 'l)rc Ibllowing uscs arc pcmrittcd by riglrt in drc AG Agricultural District, sulrject to all ot}er applicablc rcquircmcnt.s conLained in this chaptcr. An astcrisk (.) indicates that thc usc is sulrjcct to additional, modilicd ()r morc stringcrlt standards as listed in Article III, (lsc and Dcsign Staxlards L Agricuhural IIsc 7 ytcs Agriculturc . Agritourism Fann Stand ' Forestrl Opcration ARTICLE II DISTRICT REGUI"{TIONS SECTION 106.210 DOWNTOWN BUSINESS DISTRICT. Sec. 106-210.2. - Permiued uses. (A) .l'hc lollowing uses are pemritred by right in the DBD Downtown llusiness District, subject to:rll other applicablc requirements contained in this clnpter. An asterisk (.) indicates tltat the usc is subjcct t"o additional, modified or morc stringent sturdards as listed in Article III, I Ise and De sign Standards 3. Ciuic Use 7'pes Assisted Carc Residencc Clubs Educational Facilities, CollegeflJniversity. Guidance Scrvices life Care Facilig, Nursing Home Post Officc Public Parks and Rccrcation Areas Religious Assembly Safe[ Services 5. Conmtercial Ilse TWcs Antique Shops Automobile Parts/Supply, Retail IJusiness or -I-rade School Business Support Services Commercial Indoor Entertainmcnt Cornmunication Serviccs Consunrer Repair Services Convenience Store Day Care Center * Funcral Scrviccs Hornestay Inn * HoteVMotcVMotor lodge Microbrcwery. Microdistillery* Par,vn Shop Personal Improvement Scrvices Pcrsonal Scrvices ResLaurant Retail Sales Studio, Finc Ars Veterinary Hospiml/Clinic 7 . Miscellaneous ( Ise l-ypes Mixedllse SFuetu+e * Iltility Scrvicc, Minor (B) Thc 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 (-) indicatcs that the use is subject to additional, modified or more stringent standards as listed in Article III, [-lse and Design Standards 3. Ciuic LIse Types Administrative S ervice s Correction Facilities Crises Cent.er Cultural Services Educational Facilities, Primary/Secondary Halfivay House Public Assembly Public Maintenance and Service Facilities SECTION LO&2I2 TRANSITIONAL BUSINES S DISTRICT. Scc. 106-212.1. - Statcrncnt of intent. 'fhe l'llD Transitional Business District has been crcatcd in rccognition tlnt. there are commercial areas nea.r dorvntown Salem tlnt cxlibit pattcrns of development similar, but less intensivc thiur, the Dorvntown Business District. 'l'hese arcas are suitablc lbr futurc downtown-t11re uses and dcvclopment patterns. 'fhc Transitional Business District allows a mixturc ol'professional olfices, Iinancial seniccs, governrnent functions and specialty retail. [Jpper floor residentia] uses similarly arc encouragcd. Automobile relatcd uses are limited in the district. Overall, setbacks and developmcnt standards arc designcd to allow a downtown urban charactcr Sec. 106-212.2. - Permined uses. (B) Thc lbllowing uscs arc permittcd by special exception in the'l'BD'l'ransitional Business District, subject to all other applicable rcquirements contained in this chapter. An asterisk (.) indicatcs that thc usc is subject to additional, modified or more stringent standards as listed in Articlc III, [Jse iurd Design Standards 3. Ciuic Usc Typcs Administrativc Sen iccs Correction Facilities Crises Ccnler Cultural Services Iiducational Facilitie s, Primarly'Secondary Halfivay Housc Public Assembly Public Maintcnance and Service Facilities 5. Contntcrcial ( Ise T-Wes Assembly Hall Commercial Indoor Amusement Hospital Microbrewery" Microdistillery. SECTION 106-213 COMMUNITY BUSINESS DISTRICT Sec. 10&213.1. Statementof intent 'I'he CBD Community Business District has been crcated to allow a variety of commercial antl service uses to coexist with residenccs 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 tlnn Highway Business f)istrict (HBD). CBD districts are qpically transitional areas, often corridors, on thc edges between commercial and residential zones. Sec. 10&213.2. Permiued uses. (A) The following uses are permitred by riglrt in the CBD Community Business District, subject. to all otlter applicable requirements contained in this chaptcr. An asterisk (.) indicates tltat the use is subjecl to additiona], modified or morc stringent standards as listed in Article III, f.lse and Design Standards 1. Agricultural Use 'I Wes (None) Residcntial [-lse l-Wes Home Occupation* Manufactured Home, l)mcrgency - Ciuic ( Ise 7-1pcs Cultural Serviccs Guidance Scnices Public Parks and Recrcat"ion Arcas Religious Assembly OIIice (/se TJpes Financial Institutions Gencral OIIices Medical Offices Conmrcrcial [Ise'f1pes Antique Shops Business Support Serviccs Consumer Rcpair Serviccs Convenicncc Store Day Care Centcr * 2. o. 5. Homestay Inn . Laundry Personal Improvcment Scrvice s Personal Services Restaurant Retail Sa]es Studio, Fine Arts 6. Indusn'ial [.lse l-Wes (None) 7. Miscellaneous [,lse T-ypes Mixed []se. (B) The following uses are permitred by special exception in the CBD Community Business District, subjcct to all other applicable requirements contained in this clnpter. An asterisk (.) indicates that the use is subject to additional, modified or more stringent standards as listed in Article III, Usc and Design Standards 1. Agricultural Use Tlpes (None) 2. Residential [Ise 'f1pes Family Day Care Home* Residential Human Care Faciliq, Single Family Dwelling, Attached Single Family Dwelling, Detached 'l'ownhouse* Ciuic' []sc 'flpes Clubs Ilducational Facilitic s, Primary/Secondary Post OIIice OIIice IIsc'f17tcs (None) Contntercial [/sc 7-1pcs Assembly Hall Gasoline Station Kennel, Comrnercial Microbrewery- Vete rinary H o spital/Clinic Indusa:ial [Ise 7-1pes (None) ll. 5. 6. 7 . Misc'cllattcous I Isc 7'pcs Amateur Radio Tower Outdoor Gathering. Sec. 1 06-2 I 3.3. Site development regulations. The lbllowing:ue general development standards for the CBD Community Business District. For additional, modificd or more slringcnt standards sce Article III, []se and Design Standards. (A) Minintun Lot Requirement.s. 1. Area: 7,200 square I'eet 2. Frontagc: 60 feet on a public street (B) Mininunt Setback Requirentents. 1. PrincipalStructurc: Front Yard: 30 feet from street centcrline Side Yard: No Minimum Rcar Yard: No Minimum 2. Accessory Sffuctures: Front Yard: Belind the rcar building line of the principal structure. Outdoor dining areas may be located in the front yard area, provided they are properly screened front adjoining residential propergr. Side Yard: Five Fcct Rcar Yard: Fivc Fcet (C) Marinum Height o('structures. 1. Principal Structures: 45 feet 2. Acccssory Structures: lrss than hciglrt of principal structure. (D) Maxintum Building Size. 1. Principal Structures: No Maximum 2. Acccssory Structures: ll0 pe rcent of rear yard arca. Accessory sffuctures larger than 1,000 square I'eet shall requirc a special exception pcnnit in accordance with section 106- 524 of tlils chapter. (Fl) ()tlrcrRequirentents. l. Drivc-tlrough lacilitics in which a person, who remains in a nrotor vehicle, conducts business or excltanges tlrrough a window or cxterior opening in a structure shall require a special exception permit in accordance with section 106-524 of this chapter. 2. Residenti;rl tJses shall conlbrm to the site dcvelopment regulations of RB, Residential Busincss District. Sec. 106-214.2. - Permitted uses. (B) 'fhe following uses arc permiffed by special exception in the HBD Highway Business District, subject to all other applicable rcquircments contained in this chapter. An asterisk (") indicate s that the use is subjcct to additional, modified or more stringent standards as listed in Article III, Use iurd Dcsign Standards Agricultural [ lse Typcs (None) Residential ( Ise I'Wes (None) Ciuic ( Ise 7-1pes Cemetery * Correction Facilities Crises Center Educational Facilities, Primary/Secondary Halfway House OIIice I Ise l-Wcs Outpaticnt Mental Hcalth and Substancc Abuse Clinic. Short-term l-ender SECTION 1 06-2 1 8 LIGHT MANUFACTURING DISTRISI. Sec. 106-218.2. - Permiued uses. (B) 'I'he lbllowing uscs are permitted by special exception in the LM Ught Manufacturing f)istrict, subjcct to a]l other applicable requircments contained in tlils chapter. An asterisk (.) indicatcs that thc use is subject to additional, modilied or morc stringent standards as listed in Article III, Use zurd Design Standards. 6. Industrial [lsc l'Wes Asphalt Plant . Brcwery* Distilleryt Industry'fype II Iflrdfill, Construction Debris Iandfill, Rubble l,andfill, Sanitary Mcat Packing and Related In<lustries Railroad Facilitics Resource Extraction Scrap zurd Salvage Scrviccs SECTION 106.220 HEAVY MANUEASIURING DISTRICT. Sec. 106-220.2. - Permiued uses. (B) The following uses are permitted by special exception in the HM Heavy Manul'acturing District, subjcct to all otlter applicable requirements containecl in this chapter. An asterisk (.) indicates that the use is sultject to ad<litional, modilied or rnore stringent standards as listed in Article III, Ilsc and Design Stanclards. l. 4. 2. 3. 6. Industial I isc 'f]pcs llrervcry'" Distillery- Industn 'It1rc III Lanrltill. Construction Debris Lanrllill, Rubblc I;uxllill, Sanitary Resourcc Extractiol St ra;r arrrl S;rlva1;c Scnitts ARTICIN, ilI. - USEAND DESIGN STANDARDS SESTION IO&300. - USEAND DESIGN STANDARDS Sec. 106-306.5. - Educational facilities, college/ruriversity. (A) Gcncra.l Sturdards: l. A sitc plan as rcquircd by tJis chapter sh:r.ll bc submittcd and approved prior to the comlncncenlcnt ol' any new consfuction or enlargcmcnt ol' an cducational faciliqr. 1'he administrator Inay rvaive this sitc pLrn rcquiremcnt il' thc total incrcase in drc irnpcnious arca rcsulting lroln this construction or cnlargemcnt is lcss than 11,000 squarc [cct.2. Scrccning;rnd bulltnng lbr cducatirxral lacititics shall bc provided as rcquircd by the pr<x.isions Ibund in scction 106-tr02 o[tlris chaptcr. (B) Standards in the DBD Disrict 1. Educational facilities, college/university shall be allowed only on floors above the ground floor and in the same sEuchrre as a commercial use t,?e except for parcels fronting Clay Street between Thompson Memorial Avenue and North Market StreeL These parcels may allow educational facilities, college/university on any floor. 2' The commercial use t,?e must occupy at least the first floor of the struc[rre, and should be confuured to be pedestian Iiiendly. (BC) Standards in the CIID District: l. llducational lacility buiklings shall bc sctback a rninimurn ot-30 t-eet frorn any s11cct, and shall bc sctback a mitrimurn ol tcn fcct liom arljoining propcrty lines. 2. l'lducational facility buiklings shall have a ma:drnurn heiglrt o[' 45 feet. However, t]ris rn:ximum hciglrt rnay bc incrcasetl up to a rn:r-xirnum hciglrt of 70 leet providcd drc rninimum setback of the building is increased b1,one Ibot frrr cach lbot ol'additional hcight above 4.5 fcet. SESIION 106-310 COMMERCIAL USES. Sec. 10G810.21. - Microdistillery. (A) General standards: l Such establishments shall include a tasting area, and may include restau.rant, retail, and live entertainment uses. 2. First floor frontage shall have at least 50e5 transparency from the street, and shall be primarily occupied by non-industrial uses. SECTION 10G312 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 b€ing produced. SECTION 106-314. - MISCELI.\NEOUS USES Sec. 106-314.2. - Mixed use s0n*esrc. Intent: 'Ihe following minimum standards are established in recognition that mixed use, ol'ten multi-floor, structurcs, are-is desirable witlin thc downtown and community business districts. Mixed use strueurFcs allows maximum flexibility in the designation of diflerent areas of a single++nreHr+e parcel for different uses. f-lses coexisting within+h€{,a$€Hding includc, but. are not lirnited to, loft apafiments, condos, retail, officc space, and restaurants. Gcnerally non-residcntial uscs should be <lesignated for the first floor of multi-floor buildings to encourage pcdestrian traffic and to avoid the creation of dead zones. When available thc facades and charactcristics of existing and surrounding buildings should be maintained. (]cneral standards: 1. Applicants for mixed use struefi*re development shall submit a site plan in accordance with section 106-400 of this chaptcr, along with sufficiently detailed layouts lbr each building and each floor o[the building, designating the specific areas dedicatcd to cach different use. 'l-he submiued sitc plan shall bc approved by the city prior to commencing developmcnt of the site. 2. Major rcvisions to the final site plan shall bc reviewed and approved following the procedures and requircrncnts for sitc plan rcview contained in section 106-400 of tlils chapter. Major revisions include, bu[ are not limitcd to changes such as: L Any increase in thc density of the devcloprnent; b. Substantial change in circulation or access; c. Substantial change in thc mixture of dwelling unit gpes included in the project; d. Substantial clnnges in the mixture o[ uses or an incrcase in the amount of space dcvoted to non-resitlential purposes; e. Reduction in the approvcd open spacc, landscaping or buffering; f. Substantial change in arcliltectural or site design features of the development;g. Any other change that the adminislrator finds is a major divergence from the approvcd final master plan. 3. All othcr changes in thc final site plan shall be considered minor amendments. The administrator, upon rcceipt of a written requcst of the owner, may approve such minor amendments. A requesl wlich is disapproved by thc administrator shall be A. B. considercd a major anrcndmcnt and shall be subicct l-o the approval process outlined abovc for such amcndments. C. Standards in the DBD District: 1. Residential uses shall bc allowed only in thc samc structurc as an ollice or commercial use t).pc. Common cntrances are encouraged. 2. 'l'he ollicc or cornmercial usc t]?c must occupy at least thc first lloor o[ the structure, except as allowed by Section 106-306.5 :urd shoukl bc conligured so as to be pedcstrian Iriendly. 3. New construction or construction involving thc dcmolition of cxisting buildings shall be ol'scalc and construction matcri:rls so as to lrc appropriatc with existing surrounding buildings. Materials and qpes of construction that should be given considcration includc, but arc not lintitcrl to: a. Brick lhcades; b. Cornices, parapcts, molding, lintels and other extcrnally visible dccorations; c. Roof lines; d. Windows. 4. A homcovmcr's/property owner's associaLion shall bc crcatcd for each mixed use struc[urc development. 'l'hc association shall bc rcsponsiblc for the perpetual uraintenance of thc property and any open space or common areas within the devclopmcnt. 5. Parking for residcnls and-emplqrees shall be located on-sitc and shall be provided one (1) space per residential unir @ D. Standards in the CBD Distict: 1. Notwithstanding Section 106402, Buffer yards, screening and landscaping, a type B buffer yard shall be planted between mixed use development and residential development prior to the corlmencement of any non-residential use. 2. Residential occupancy shall be contained to the primary struchre only. 3. Development utilizing residential struchrres shall delineate on the required site plan which struchrre is the primary sEucture. 4. Non-residential uses in accessory struchrres 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 106404 of this chapter. Sec. 106-314.5. - Towers. (F) 'l'owers shall be monopole in design, and subject to any applicablc srandards ol ilrc FCC or FAA, be painted a ncutral color. (R) 'l'owcr Iacilitie s shall bc landscapcd with a bull'er of plant nratcrials that cffectively screens the view ol'thc support buildings liorn adjacent propcrtl,. 'l'hc standard buffer shall consisl- ol'a landscaping strip ol at least lour t'cct widc outsitlc t|c perimctcr o[' dre compound. Existing maturc trcc groll, i and natural land lbnn on t}e site shall bc prcscned to the rnaximum cxtent possiblc. Antennas and other equipment located on the top or side of a building or sEucture shall be screened fiom public view. ARTICI-E TV DEVELOPMENT STANDARDS Sec. 10&400. - Site plan review. (A) A site plan shall lrc rcquircd and shall be submiued to the city for each of thc following: l. All new development in cvcry zoning district e xcept for singlc ftrmily and two family dwellings. 2. 'l'he convcrsion of any singlc lamily or wo farnily dwelling to any odrer use or to a higlrer intcnsitl' rcsidential use. 3. Atlditions or modifications to buildings or sitcs, exccpt single lamily and two larnily dwcllings, if said addition or modilication results in a 5,000 squarc lbot or grcatcr increase in impen'ious surl).ce area o[drc sitc. 4. 'l-lrc convcrsion of any propertl. liom l'ee simple ownership to a condominium form ol' owncrslip. 5. 'l'hc convcrsion of any building t)r prol)erty to a dillercnt usc catcgory, c.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 storrnwater miuragpmenl (B) All rcquircd sitc plans shall bc preparcrl by a prolessional cnginccr, or la.nd survcyor l), who is registcrcd by thc Cornmonwealtl of \rirginia. The city nral' waivc this retluirement if thc t1pe , scale or location of the proposed dcvclopmcnt docs not necessitatc such plans. (C) A plot ptan, tlnt mcets the standards contained in section 106-406.3 shall bc rcquired lbr all uscs or <lcvcloprnent not reryuiring a sitc plan. Sec. 106402.3. - Buffer Tablc I A<ljoining Zoning A(;RSIT R\,IF N,II IP RI]DBI)'lllD CBD HBI)BCI)I,N{HM CI]D PI;I) Sitc Tottirtg, Catcgory of llufl'cr Yard Rcquircd R\{F I}l]B MHP ll I]B Il B B Rll 1i tl tl B t)tlt)B l]B ll B B 'l'Bn t]I]B B I]t] CBD B B B B B B B HI]D li ll I)u B B 1l I}CD l]B R B B B B LM C C C C A A A A A C C HM C C C C A A A A C C CITD ll B B 1i l]ll ll B B ll ti I] Pt.D Sec. 106404.1l. - Constuction standards. All ofl'-strcct parkilg ;ucas sh:rll bc constructcd of a hard surl'acc consisting of biturninous concrctc or concrctc. Gravel parking are:rs shall not bc pcrmittcd, unlcss thc adminislrator rlcte nnincs tha( drc use is of a temporarl, nature. For sites or sEuctures listed on the National Register of Historic Places, parking areas may be constructed using period correct materials as permitred by the Administrator, Such development shall require a site plan. The City Engineer may require paving surfaces and/or construction techniques which minimize surface stormwater nrnoff in areas where it is deemed necessary. The developer may select precast interlocking blocks, porous-gpe asphalt paving, detention basins or other methods as approved by the City Engineer. ln no case shall there be allowed excessive dust or debris to be transferred onto the roadway system or onto neighboring properties. Violators shal be guilty of a misdemeanor and subject to Section 106-516, Penalties. (A) (B) (c) (D) Sec. 106404.17. - Minimum parkingrequired. Agricultural [/sc Tlpes Agritourism Conntcrcial Use Ttpes Microdistillery Industrial [/se I-gtcs Distillery (A) (l) (F) Schedule B Schedule B Schedule B Sec. 106406.25. - On-site storage and temporary mobile storage containers. (A) Storage containers shall be considered accessory struchres and shall be located in accordance with the standards for accessory sffuchues as described in article II of this chapter. (B) No vehicle, truck body, manufachred home, mobile home, bus, trailer, recreational vehicle, shipprng container, portable storage unit, or similar equipment shall be used as a storage container or building in arry zoning distict, 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 tlpes may use shipping containers for storage provided thar a. AII 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. AII 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 storags container. (D) No stacking of storage containers shall be allowed. ARTICII V ADMINISTRATION SECTION 106.528 BOARD OF ZONING APPEAIS Sec. 106-.528.1. - Powers and duties. (A) The B7A shall have tlre power and duty to hear and decide appcals from any writren order, requirement, decision, or dctennination made by ony administrative officer in the administration or enforcernent of this chapter. No such appeal shall be heard except after notice and hearing as provided bV S 15.2-2204 of the Codc of Virginia, as amended. B) Ex patte communications, proceediw. (l) The nonJegal staff of the goveming body may have ex parte communications with a member of the Board prior to the hearirg but may not discuss the facts or law relative to a particular case. The applicant, landowner or his agent or attomey may have ex parte communicarions 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 eneging 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 goveming body, the applicang landowner or his agent or attomey are all invit€d. (21 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 applican! appellant or other agrieved person, under S 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 applicang appellant or other aggrieved person, under S 15.2-2314 of the Code of Virgini4 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 pusuant to Section 2.2-3704 of the Code of Virginia (1950), as amended. Any such materials fumished to a member of the Board shall also be made arzilable 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, 'nonJegal staff of the goveming body' means any staff who is not in the Office of the City Aromey for the City of Salem, or for the board, or who is appointed by special law or pursuant to Section 15.%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 arromey where such communication is protected by the attomeydient privilege or other similar privilege or protection of confidentiality. (C) Notwitlstanding any other provision of law, general or special thc B7-A shall havc drc power and duq, kr au{h<rrlte grant upon appcal or original application in specilic cascs a variancc, as defined in Section 15.12201 of the Code ofvirginia (1950), as amended, Iien) the termit ( ing+e speeii etllrtlitieln tli+€hqrter witl 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 rrariance as defined in Section 15.2-2201of the C,ode of Virginia (1950), as amended, and the criteria set out in this section. Nofivithstanding any other provision of law, general or special, a yariance shall be granted if the evidence shows that the snict 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 varialcc shall lrc 1. 2. 3. 4. 5. grante (l unlcss thc spirit of the clnpter shall be obscn'cd and substantial justice done' 'fo legalb,grant a variancc, the BZA must be prescnted er.idcnce iurd rnake a finding that: elrapter rvould efleeively prohibit, or unreasenitbl!' restriet dre use e[ dre preperB; er @3, 'l'lrat dre granting ef dre variixree will dleviate a elearly demenstrable lrirrdslrip icn€c s€ughtlry{+e-appti€ast 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; The granting of the variance will not be of substantial detriment to adjacent property and nearby properties in the proximity of that geographical areE The condition or sinration of the property concerned is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulafion to be adopted as an amendment to the ordinance; The granting of the variance does not result in a use that is not otherwise p€rmited on such property or a change in the zoning classification of the property; and 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 \radance application. is elrapter, Speeifiedly; dre B7=A rust find drat dre striet applieaien ef dre elrapter rveuld ip-must nr* tle stxue Cre variirnee willr<rt be ef subsurnid deuirnent [e a4iircent JlreperB' irnd drat dre elrirrireter of Cre disu'iet n'ill net be elriurged by dre granting trf Cre viriixree, Findly; dre ttil-+ must net ffmt a l No variance requcst shall bc evaluatecl b1, the BZA until :rftcr noticc and hearing as provided by S 15.2-220,1 of thc Code ol'\'irginia, as amendcd. In addition, posting o[ the property shall be rcquircd as providcd flor in scction 106-520.5 of this chapter. In granting a variancc, thc BZA may irnpose such conditions regarding the location, ch:rracter and othcr l'eatures ol'the proposcd structure or use as il- may deem necessary in the public interest, and may rcquirc a gua-rantec or bond to cnsure that t}e conditions imposcd arc being and will continue to bc complied with. Sec. 106-528.9. - Certiorari to review decision of B7'4" (A) ef{+e-BraAs+leeisio+ (e) 'flre l]74 slrdl net be re<truired to return dre erigind papers aekd upen by it but it slrdl be dir;Jresition <'l'dre nratter, it mir,' uilre evidenee or +ppoint * eommissierrcr [e krke suelr evidenee irs it rniry direet, iurd repert dre siune te tlre eeurt widr his findings el'firet iurd detenninaFien el'dre eourt slriill be nrade, 'l'lre eeurt lna)' reverse er dlirm; rvlrelly er in Jrart; ie{A'. i+ batl I'iddr er w'idr miiliee irr rnaking Cre deei"ien afpeded liern, In dre event dre deeisien e[ dre persen er persons ;n mat<ing a retum of tll (A) L accordance with the provisions of Section 15.2-2314 of the 1950 Code ofVireinia as amended, any person or persons jointly or separalely agrieved by any decision of the 87,A,, or any aggrieved taxpayer or any officer, departrnen! 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' speci$ing the grounds on which aggrieved. This petition must be filed within 30 days of the BZA's decision. @) 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 rehrrn thereto must be made and served upon the Secretary of the BZA or the Chairman of the BZ , which shall not be less than ten days and may be extended by the courL The allowance of the urit slnll not shy proceedings upon the decision appealed frorrr, 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 rehrrn the original papers acted upon by it but it shall be sufficient to rehrrn 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 showthe grounds appealed from and stnll be verified. (D) AnV 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 stnll 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 penion or persons jointly or severally agrieved by arry decision of the BZl^. The court may reverse or affirm, wholly or partly, or ruty modify the decision (E) brougtrt up for review. ln the case of an appeal Iiom the BZA to the circuit court of an order, requirement, decision or determination of the zoning adminisU-ator in the adminisU-ation or enforcernent of any ordinance or provision of state law, or any modification of zoning rcquircngrts ptrsuat to state IarM, *r findings urd orclusiur.s of the BZA on queSions of faC stull be presumed to be corrtcl The appealing parry rnay rebut that presumption by proving by a preponderance of the evidence, including the record before the BZA, tl|at dre BZA erred in its decision. Any party may intrrcduce evidence in the proceedbs in drc oourt The corrt slnll tra any argr.rrnrS or questions of la,v de nc,vo. In the case of an appeal by a person of any decision of the BZA that denied or granted an application for a rariance, the decision of the BZA stull be presumed to be correcl The petitioner may rebut that presumption by proving by a preponderance of the evidence, induding the record before the BZA, tlrat the BZA erred in its decision. Costs shall not be allowed against the City, unless it shall appear to the coufi dnt it acted in bad taith or with malice in making the decision appealed from. In the event the decision of the BZA is aIlirmed, 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 rehrrn, the City may request that the court hear the matter on the question of whether the appeal was frivolous. ARTICI.E, \1 DEFINITIONS AND USE TYPES SECTION 106-602 USE TYPES. Sec. 106-602.1. - Agricultural use types. [1'hc fbllowinl; worrls, temrs and phrases, u'hcn usc<l in ris chaptcr, shall have the rncanings ascribcd to drcm in dris scction, cxcel>t whcre thc contcxt clcarlf indicatcs a dilierent rncaling:l Agritourism: Any activity carried out on a farm or ranch that allows members of the general public, for recreafional, entfrtainment, or educational purposes, to view or enjoy rural activities, including farning, wineries, ranching, historical, cultural, harvest-yourown activities, or nanrral activities and a.firactions. Sec. 106{02.9. - Commercial use types. ['l'he lblkrwing rvords, tcmrs and plrases, whcn uscrl in this chaptcr, sh:rll have dre urcanings ascribed kr dreur in dris section, cxccpt rvhcrc drc contcxt clc;rlf indicatcs a dill-erent nreaning:l Microdistillery. An establishment engaged in the production of spirits with a significant commercial componen! such as a restaurant or retail store. Short-term lender. Establishmens primarily engaged in short-term lending such as payday loans, car tide loans, and refi:nd anticipation lours. (F) Sec. 106602.11. - Industrial use t1'pes. lT[c lbllowilg wor<ls, tenns iurd ltlrrases, when uscd in this chaptcr, shall havc dte Incanings ascribcrl to t|cr1 in t|is scction, except lvhcre thc contcxt clcarly indicatcs a dilTercnt rncaning:l Distillery. An establishment primarily engaged in the production of spirits for disribution. Sec. 10G602.13. - Miscellaneous use types. Mired use slraelat+. A Mn+ixed usc stnreture is a singlc buikling or parccl whercin multiple uses such as residential and commercial sharc space. All ordinances or parts of ordinances in conflict with the provisions ofthis ordinance be and the same are hereby repealed. This ordinance shall be in fult force and effect ten (10) days after its final passage. Upon a call for an aye and a nay vote, the same stood as follows: James L. Chisom - James A. Martin - Jane W. Johnson - William D. Jones - Byron RandolPh FoleY - Passed: Effective: Mayor ATTEST: James E. Taliafeno, II Clerk of Council City of Salem, Virginia lsl rEM#5C-- pgE t-e} l'l AN ORDINANCE TO AMEND, REVISE, AND REORDAIN CHAPTER 106 OF THE CODE OF THE CITY OF SALEM, VIRGINIA, PERTAINING TO A NEW OFFICIAL ZONING MAP (DATED _ DECEMBER 2016) 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 ORDINACE, CHAPTER 106, OF THE CODE OF THE CITY OF SALEM, VIRGINIA, INCLUDING THE CREATION OF A NEW ZONING DISTRICT. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, thAt Chapter 106 of The Code of the City of Salem, Virginia, be amended, revised, and reordained to read as follows: CHAPTER 106 NEW OFFICIAL ZONING MAP Dated - December 2016 All ordinances or parts of ordinances in conflict with the provisions of this ordinance be and the strme are hereby repealed. This ordinance shall be in full force and effect ten (10) days after its final passage. Upon a call for an aye and a nay vote, the same stood as follows: James L. Chisom - James A. Martin - Jane W. Johnson - William D. Jones - Byron Randolph Foley - Passed: Effective: lsl Mayor ATTEST: James E. Taliaferro, II Clerk of Council City of Salem, Virginia CITY OF SALEM N+PROPOSED ZONING MAP ALTERNATIVE 2: Proposed Map with Conforming Property Owner Requests DECEMBER 2016 HAP FEATURES ('z *@,*r -*** I *,@** Io@E.r -*** I -e*".* II t*-*.*,-"-- I * -ry.am I[.l *u-dq.qo* ! -.a.e* ! --u*t* ffiwvwr@h I P**** IEM#]-a- DATE l^aq-t1 AN ORDINANCE TO AMEND SECTION 106-110, ARTICLE I, CHAPTER 106, OF THE CODE OF THE CITY OF SALEM, VIRGINIA, RELATING TO ZONING AND DIVIDING THE CITY INTO BUILDING DISTRICTS AND ESTABLISHING DISTRICT BOUNDARY LINES ON THE ZONING MAP OF THE CITY OF SALEM, VIRGINIA. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, thAt SECIiON 105-110, ATIiCIE I, Chapter 106 of The Code of the City of Salem, Virginia, relating to building district boundary lines be amended in the following particular and no other, viz: That the following described property in the City of Salem, of Michael B. and Shannon E. Richards, property owners, located at 104 Electric Road (Tax Map Number 80-2-4), be and the same is hereby changed from RSF Residential Single District to CBD Community Business District, and the map referred to shall be changed in this respect and no other, said property being described as follows: Lot 12, Section 1 Conehurst, a copy of which plat is attached hereto and made a part hereof. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be and the same are hereby repealed. This ordinance shall be in full force and effect ten (10) days after its final passage. Upon a call for an aye and a nay vote, the same stood as follows: lames L. Chisom - James A. Martin - J ane W. Johnson - William D. Jones - Byron Randolph Foley - Passed: Effective: Mayor ATTEST: James E. Taliaferro, ll Clerk of Council City of Salem, Virginia AN ORDINANCE TO AMEND SECTION 105-110, ARTICLE I, CHAPTER 106, OF THE CODE OF THE CITY OF SALEM, VIRGINIA, RELATING TO ZONING AND DIVIDING THE CITY INTO BUILDING DISTRICTS AND ESTABLISHING DISTRICT BOUNDARY LINES ON THE ZONING MAP OF THE CITY OF sALEIVl, VIRGINIA. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, that Section 106.110, ATtiCIC I, Chapter 106 ofThe Code ofthe City ofSalem, Virginia, relating to building dittrict boundary lines be amended in the following particular and no other, viz: That the following described property in the City of salem, of Higgs Family Trust, property owner, located at 503 South College Avenue (Tax Map Number 145-7-5), be and the same is hereby changed from TBD Transitional Business District to CBD Community Business District, and the map referred to shall be changed in this respect and no other, said property being described as follows: Lots 30-32 & 16 lnch Strip Lot 29, Section 14, Salem lmprovement Company, a copy of which plat is attached hereto and made a part hereof. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be and the same are hereby repealed. This ordinance shall be in fullforce and effect ten (10) days after its final passage. Upon a call for an aye and a nav vote, the same stood as follows: James L. Chisom - lames A. Martin - Jane W. lohnson - William D..lones - Byron Randolph Foley - Passed: Effective: Mayor ATTEST: James E. Tallaferro, ll Clerk of Council City of 5alem, Virginia AN ORDINANCE TO AMEND SECTION 106-110, ARTICLE I, CHAPTER 105, OF THE CODE OF THE CITY OF sALEM, VIRGINIA, RETATING TO ZONING AND DIVIDING THE CIIY INTO BUILDING DISTRICTS AND ESTABLISHING DISTRTCT BOUNDARY LINES ON THE ZONING MAP OF THE CITY OF SALEM, VIRGINIA. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, thAt SECtiON 106-110, ATtICIE I, chapter 106 ofThe Code ofthe CityofSalem, Virginia, relating to building district boundary lines be amended in the following particular and no other, viz: That the following described propeny in the City of Salem, of Thomas E. and June L. Hi88s, property owners, located at 507 South College Avenue (Tax Map Number 145-7-6), be and the same is hereby changed from TBD Transitional Business District to CBD Community Business District, and the map referred to shall be changed in this respect and no other, said property being described as follows: Lot 28 & Major Part Lot 29, Section 14, Salem lmprovement Company, a copy of which plat is attached hereto and made a part hereof. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be and the same are hereby repealed. This ordinance shall be in full force and effect ten (10) days after its final passage. Upon a callfor an aye and a nay vote, the same stood as follows: James L. Chisom - James A. Martin - Jane W. Johnson - William D. Jones - Byron Randolph Foley - Passed: Effective: Mayor ATTEST: .lames E. Taliaferro, ll Clerk of Council City of Salem, Vireinia AN ORDINANCE TO AMEND SECTION 106-110, ARTICLE I, CHAPTER 106, OF THE CODE OF THE CITY OF SALEM' VIRGINIA, RELATTNG TO ZONING AND DIVIDING THE CITY INTO BUILDING DISTRICTS AND ESTABTISHING DISTRICT BOUNDARY LINES ON THE ZONING MAP OF THE CITY OF SALEM, VIRGINIA' BE lT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VlRGlNlA, that Section 106-110, Article l, Chapter 106 ofThe code ofthe City ofSalem, Virginia, relating to buildinB district boundary lines be amended in the following particular and no other, viz: That the following described property in the city of Salem, of Edwa rd N Thornhill and Linda T. lves, property owners, located at One Front Avenue (Tax Map Number 234-5-2), be and the same is hereby changed from LM Light Manufacturing District to CBD Community Business District, and the map referred to shall be changed in this respect and no other, said property being described as follows: Parcel 3 & Part Parcel 2, section 12, Salem Development Company, a copy of which plat is attached hereto and made a part hereof. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be and the same are hereby repealed. This ordinance shall be in full force and effect ten (10) days after its final passage. Upon a callfor an aye and a nay vote, the same stood as follows: James L. Chisom - James A. Martin - Jane W.lohnson - William D. Jones - Byron Randolph Foley - Passed: Effective: Mayor ATTEST: lames E. Taliaferro, ll Clerk of Coun.il City of Salem, Virginia AN ORDINANCE TO AMEND SECTION 106-110, ARTICLE I, CHAPTER 106, OF THE CODE OF THE CITY OF SALEM' VIRGINIA, RELATING TO ZONING AND DIVIDING THE CITY INTO BUILDING DISTRICTS AND ESTABLISHING DISTRICT BOUNDARY LINES ON THE ZONING MAP OF THE CITY OF sALEM, VIRGINIA. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, thAt SECtiON 105-110, ATtiCIC I, chapter 106 ofThe code ofthe city ofsalem, virginia, relatingto building district boundary lines be amended in the following particular and no other, viz: That the following described property in the City of salem, of Linda T. lves and Edward Nelson Thornhill, property owners, located at 1516 KinB Street (Tax Map Number 234-5-3), be and the same is hereby changed from LM Light Manufacturing District to CBD Community Business District, and the map referred to shall be changed in this respect and no other, said property being described as follows: Parcel 1 & Part 2, Section 12, Sa lem Development Com pany, a copy of which plat is attached hereto and made a part hereof. All o.dinances or parts of ordinances in conflict with the provisions of this ordinance be and the same are hereby repealed. This ordinance shall be in full force and effect ten (10) days after its final passage. lJpon a callfor an aye and a nay vote, the same stood as follows: lames L. Chisom - lames A. Martin - Jane W. Johnson - William D. Jones - Byron Randolph Foley - Passed: Effective: Mayor ATTEST: James E. Taliaferro, ll Clerk of Council City of Salem, Virginia AN ORDINANCE TO AMEND SECTION 106-110, ARTICTE I, CHAPTER 106, OF THE CODE OF THE CITY OF SAIEIV, VIRGINIA, RELATING TO ZONING AND DIVIDING THE CITY INTO BUILDING DISTRICTS AND ESTABLISHING DISTRICT BOUNDARY LINES ON THE ZONING MAP OF THE CITY OF SALEM, VIRGINIA, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, that Section 106-110, Article I, Chapter 106 of The Code of the City of Salem, Virginia, relating to building district boundary lines be amended in the following particular and no other, viz: That the following described property in the City of Salem, of Donald L. and Margaret K. Bishop, property owners, located at 917 South Colorado Street (Tax Map Number 184-4-10), be and the same is hereby changed from HBD Highway Business District with condition to HBD Highway Business District with no condition, and the map referred to shall be changed in this respect and no other, said property being described as follows: Lots 24-26, Section 7, Salem lmprovement Company, a copy of which plat is attached hereto and made a part hereof. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be and the same are hereby repealed. This ordinance shall be in full force and effect ten (10) days after its final passage. Upon a call for an aye and a nay vote, the same stood as follows: James L. Chisom - James A. Martin - .rane W. Johnson - William D. Jones - Byron Randolph Foley - Passed: Effective: Mayor ATTEST: .lames E. Taliaferro, ll Clerk of Council City of Salem, Virginia UNAPPROVED MINUTES PLANNING COMMISSION )anuary 77,2077 A regular meetinB 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 January 11,2017, there bein8 present the following members of said Commission, to wit: Vicki G. Daulton, Jimmy W. Robertson, and Denise P. King (Bruce N. Thomasson and Samuel R. Carter - absent); with Vicki G. Daulton, Chair, presiding; to8ether with ludy Hough, Deputy City Clerk; William L. Simpson, lr., Assistant City Engineer; Benjamin W. Tripp, City Planner; Mary Ellen Wines, Zoning Administrator; and William C. Maxwell, Assistant City Attorney; and the following business was transacted: ON MOTION MADE BY COMMISSIONER ROEERTSON, AND SECONDED BY COMMISSIONER KING, AND DULY CARRIED, due to the absence ofthe Executive Secretary Judy L. Hough is hereby appointed Executive Secretary Pro Tem for this meeting of the City of Salem Planning Commission by acclamation. The December 14, 2016, work session and regular meeting minutes were approved as written. ln re: Hold !ublic hearins to consider the reouest to rezone the followins Drooenies: 104 Eledric Road (Tax Map #80-2-4) from RSF Residential Sinqle Familv to CBD Communitv Business District. 503 South Collese Avenue fiax Mao #145-7-5) from TBD Transitional Business District to CBD Communitv Business District. 507 South College Avenue (Tax Map #145-7-6) from TBD Transitional Business District to CBD Communitv Business District. One Front Avenue {Tax Mao #234-5-2) from LM Liqht Manufadurinq District to CBD Communitv Business Distrid. 1516 Kinq Street {Tax Map #234-5-3) from LM Liqht Manufacturine District to CBD Communitv Business District. and 917 South Colorado Street (Tax Mao #184-4- 10) from HBD Hiqhwav Business Distrid with condition to HBD Hiqhwav Business District with no condition. The Executive Secretary Pro Tem reported that this date and time had been set to hold a public hearin8 to consider the request to rezone the following properties: 104 Electric Road (Tax Map f80-2-4) from RSF Residential Single Family to CBD Community Business District,503 South Collete Avenue (Tax Map #145-7-5) from TBD Transitional Business District to CBD Community Business District, 507 South College Avenue (Tax Map #145-7-6) from TBD Transitional Business Distrid to CBD Community Business District, One Front Avenue (Tax Map d234-5-2].lrcrn LM Light Manufacturing District to CBD Community Business District, 1516 King Street (Tax Map f234-5-3)from LM Light Manufacturing District to CBD Community Business District, and 917 South Colorado Street (Tax Map f184-4-10) from HBD HiShway Business District with condition to HBD Highway Business District with no condition; and WHEREAS, the Executive Secretary Pro Tem further reported that notice of such hearing had been published in the December 29, 2016, and lanuary 5, 2017, issues of the salg!-IiOCS Eggj:!g! and property owners were notified by letters mailed December 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 fit its intended use of being in areas that downtown would expand into in the near future; it was also determined that a liShter 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 ofthe CBD zoninB is that it be applied in transitional areas, places that are often corridors on the ed8es between more intensive commercial zones and more residential zones; the properties that are being considered have requested rezoning to CBD, except for 917 South Colorado Street (Tax Map #184-4-10), which is requesting the removal of a condition requiring it to be a "beauty salon"; WHEREAS, Benjamin Tripp, City Planner, appeared before the Commission explaining the rezoning requesu he noted that at the last meeting the Commission approved a new zoning map which included changes to the TBD Transitional Business District; many ofthose properties zoned TBD were rezoned to the new zoning designation, CBD Community Business District, and other properties were rezoned to RB Residential Business District as well as other designations; staff also had some requests from several property owners who wanted their propenies rezoned to the CBD designation; all of these properties are proposed to be rezoned to CBD Community Business District with the exception of 917 South Colorado Street, which is requesting to have a condition removed that stated the property could only be used as a beauty salon; and wHEREAS, shannon Richards of 104 Electric Road, property owner, appeared before the commission in support of the requested rezoning; she noted that when she and her husband purchased their property it had dual zoning; at some point the property was rezoned to RSF Residential Single Family, and they would like to have it rezoned to the CBD Community Business Districu and WHEREAS, no other person(s) appeared related to said requesu ON MOTION MADE BY COMMISSIONER ROBERTSON, AND SECONDED BY COMMISSIONER KING, AND DULY CARRIED, the Planning Commission of the City of Salem doth 2 recommend to the council of the City of salem that the request to rezone the following properties: 104 Electric Road (Tax Map f8O-2-4) from RSF Residential SinSle Familv to CBD Community Business District,5O3 South College Avenue (Tax Map #145-7-5) from TBD Transitional Business District to c8D community Business District,507 south college Avenue (Tax Map #145-7-6) from TBD Transitional Eusiness District to CBD Community Business District, one Front Avenue (Tax Map #234-5-2)from LM LiSht Manufacturing District to CBD Community Business District, 1516 King street (Tax Map #234-5-3) from LM LiSht Manufacturing District to cBD Community Business District, and 917 South colorado Street (Tax Map #1844-10) from HBD Highway Business District with condition to HBD Highway Business District with no condition be approved -- the rollcallvote: all present - aye. ln re: Rerulations. Section 105-212(AX7l, Article lll Use and Desiqn Standards, Sedion 106-314.2(Cl&{E). Article lV Development Standards. Section 106- 402.7(D)&(E) and 106-404.1{A} oertaininq to miscellaneous uses. buffer vards, screeninq & landscaoing, and off-street parkint reouirements WHEREAS, the Executive Secretary Pro Tem reponed that this date and time had been set to hold a public hearing to consider amending Chapter 106, Article ll District Regulations, Sedion 106-212(A)(7), Article lll use and Design Standards, Section 106-314.2(C)&(E), Article lv Development Standards, sedion 106-402.7(0)&(E) and 106-404.1(A) pertaining to miscellaneous uses, buffer yards, screening & landscaping, and off-street parking requirements; and WHEREAS, the Executive Secretary Pro Tem further reported that notice of such hearing had been published in the December 29, 2016, and January 5, 2017, issues of the se!g!-Il!!g! BCglgg! and WHEREAS, staff noted the following: this item contains various updates to the Mixed Use regulations in Oowntown Business Distrid (DBD), adds Mixed Use to Transitional Business District (TBD), and revises the parking standards in DBO and TBD to be more versatile; PROPOSED CHANGES: Sec. 106-212.2. - Permltted uses, (A) The following uses are permitted by right in the TBD Transitional Business Distrid, subject to all other applicable requirements contained in this chapter. An asterisk (*) indicates that the use is subject to additional, modified or more strinSent standards as listed in Article lll, Use and Design Standards 7, Miscelloneous Use Types Mixed Use* 3 Utility Service, Minor Sec. 10&314.2. - Mixed use. C. Standards in the OgO 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 comm€rcial use type must occupy at least the first floor of the structure, except as allowed by the followinS: a. Educational facilities, college/university as allowed by Section 106-306 5. Standards in the DBD District. b. Residential uses may be included on the ground floor by special exception permit, in accordance with Section 106-524 subject to the following requirements: i. Areas of first floor buildinB frontage, which historically contained publicly accessible commercial space, shall remain commercial These areas shall be determined by the administrator, in consultation with the Department of Historic Resources and various other entities, but shall generally not be required to exceed 50 feet of depth f.om the street. 3. All development er-af,d should be confitured so asto be pedestrian friendly. 4. New construdion or construdion involving the demolition of existin8 buildinSs shall be of scale and construction materials so as to be appropriate with existing sur.oundin8 buildinSs. Materials and types of construdion that should be given consideration include, but are not limited to: a. Erick facades; b. Cornices, parapets, moldin& lintels and other externally visible decorations; c. Roof lines; d. Windows. 5. A homeowner's/p.operty 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. E. Standards in the TBD District: 1. Residential uses shall be allowed only in the rame 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 the followinB: a. Educational facilities, colle8e/university as allowed by Section 106-306.5, Standards in the DBD District. b. Residential uses may be included on the Bround floor by special exception permit, in accordance with Section 106-524 subject to the followinB requirements: 4 'ralsrururpeaqtrouorlarJsrpaqllepar\olleoqAeurSutuaaltslosadllJaqlo.g .1e,l -ro-stqSlJ laarF lualetpe pue tur)tJed ]o smoJ uga/v\loq pollelsut aq lleqs sdslpua pedelspuel i 'eoJe padelspuello laol Jesu!l 9Z fua^a Jo] palueld aq lleqs aall auO .sqnJqs pue soaJllo uolleulqulol e qr!^\ palueld aq lleqs duls Surtueld padelspuel paJrnbal aql .€ 'laal JnOlJO rllp!,t unul utuJ e a^eq lleqs dtrF tutlueld padelspuel paJ!nboJ srql lerl\-Jo-slq3u laarls lualelpe aql pue peJe Sutlled aql uaaMlaq paqs!lqe15a aq lleqs duls Surlueld paderspuel e 'Ae,vt-Jo-slqBu laat$ lrlqnd e ol lualetpe pasodoJd Jo paJlnbar sr eale SurlJed patnBUuotal e uaqM .Z '(l-V) / ZOt.9OI ol urroJuor lleqs eare SuurEd /$au iuv .I lllJtslo o8I aql ur spJepuers (l) 'JatsrururpesqlJouolloJls!poqllepaMolleaqAeuiSuruaa./lsJosadltJaqlo.s 'leM-Jo-slqBu lasJls lualelpe pue 3u!l]ed Jo sMoJ usa^Uaq palle]sur aq lleqs sdelpua padelspuel I 'ea.le pedetspuEl ]o lae,lpautl sz tua^a JoJ palueld aq lleqs aaJl auo .sqnlqs pue saarllo uolleurqurol e qlrM palueld aq lleqs duls Surlueld padslspuel pallnbal aqf .E 'laal Jno] ]o qlpl/{ urnututul p e^eq lleqs du$ Suttueld paderspuel parnbar s!q1 e^\-lo-slqtu laarls tuatelps aqt pue eale SulllEd aql Uaa/'^laq paqsrlqe$a oq lleqs d!ls turlueld padelspuEl e 'le^ -Jo-slq8u leaJN r!lqnd e ot tualeIpe pasodord Jo par!nbal sr eale SurlJed palnBUuolal e uaqM .Z '(l-V) l ZOi-9OI ot uJo]uor [Eqs eaJe Surlred /viau luv .I llrlsro o8o aql ursprepuPrs (o) .spltupued rcl spJ:pueF tuFcrspuel JaFuruad - .Z.ZOhg0tr .las .luaurdola^ap aqt ulq]!m seaJe uoluLuol ro aleds uado lue pue luadoJd aql ]o alueualuteL! lenladJad aq] ro, alqlsuodsaj aq lleqs uorleDosse aql luaurdola^ap aJnpnll5 asn paxrur qlea Jo] poleoJr aq lleqs uollelrosse s.rau,t o lladoJd/s,lau/t oauroq v I 'smopurM 'p lsautlJooU .l lsuorlerorap alqrsh Alleuraua raqlo pue slalurl 'SurplouJ 'sFdeled 'saltulol .q lsapeler lru€ .e :ol palu,lllou aJe lnq'apnllut uotleJaptsuol ua^!3 aq plnoqs leq] uolpnJ$uor lo sadll pus sleDalehl sBurplnq SurpunoJJns 3ur$rxa qlr/'^ aleudoJddp aq ol se os slpualeuJ uolpnJ]suor pue alets Jo aq lleqs s8ulpllnq SulNlxa lo uollllourap aqt 8u!^lo u! uorpnrlsuol Jo uotpnllsuol ^ aN 'llpuaul ueu$apod aq ol se os parn8guor aq plnoqs luaLlldola^ap llV.laAJ$ alll Luorl qldap lo laal os paalxa ol paJrnbar aq lou llleJauaS ll€qs lnq 'sa!lllua Jaqlo sno!Je^ pue sglrnosau lrJolsrH lo luaurUedaO aql qll^ uollellnsuol u! 'roleJNlulurpE aql lq paurtlJaFp oq llEqs seaJe asaqf lellJaururo) ureLuaJ lleqs raleds lellrauJulo, alqrssalle tltlqnd paureluor lllerlJolslr.l qlrq/^ 'aSeluo{ 8ulpllnq Joou lsJrl }o sealv I 'b € s Sec. 10 04.1. - Applicabllity. A) These provisions shall apply equally for all use types listed in this section, except for those use types located within the DBD Downtown Business Distrid and the TBD Transitional Business District. No minimum parking shall be required for any use type within DBD and TBD. However, if parking is provided for any use type in the DBD and the TBD, it shall be constructed to the standards contained herein as well as applicable standards contained in section 10G402 Buffer Yards, Screening and Landscaping except that parking areas designated for private use of residents may utilize compact size parking stalls; and WHEREAS, Ben Tripp, City Planner, appeared before the Commission explaining the proposed zoning ordinance amendments; he noted that there were a few corredions to the information that the Commission received in their packets; he explained the changes, first, in Section 105-314.2 (C) 2 b, the wording is proposed to read "Residential uses may be included on the ground floor at the discretion of the administrator, with consideration of historical and architectural features, requirements of the Department of Historic Resources, original historic commercial space layout, and other qualifying fadors"; second, in Section 106-314.2 (E) 2, "a" will be deleted and "b" will become "a" and the wording is proposed to read the same as (C) 2 b; and he also noted a couple oftypographical errors that need correcting; and WHEREAS, no other person(s) appeared related to said request; ON MOTION MADE BY COMMISSIONER KING, SECONDED BY COMMISSIONER ROBERTSON, AND DULY CARRIED, the Planning Commission of the City of Salem doth recommend to the Council of the City of Salem that Chapter 106, Anicle ll District ReBulations, Section 106-212(A)(7), Article lll Use and Design Standards, Section 106-314.2(C)&(E), Article lV Development Standards, Section 105-402.7(D)&(E) and 105-404.1(A) pertaining to miscellaneous uses, buffer yards, screening & landscaping and off-street parking requirements be amended as follows: sEE ATTACHMETIT A -the rollcallvote: all present - aye. ln re: Hold oublic hearinq to consider abolishinq and .eordainine Chapter 66, Signs- of THE CODE OF THE CITY OF SALEM. VIRGINIA WHEREAS, the Executive Secretary Pro Tem reported that this date and time had been set to hold a public hearing to consider abolishing and reordaining Chapter 66, Signs, of THE CODE Ot THE CITY OF sALEM, VIRGINIA; and 6 WHEREAS, the Executive Secretary Pro Tem further reported that notice of such hearing had been published in the December 29, 2016, and January 5, 2017, issues of the Sa!C!-IhC! Reaister; and WHEREAS, staff noted the followinS: the existing si8n ordinance was adopted in 1988 and needs to be modernized for several reasons; technology has changed, and although some amendments to the existing ordinance have been adopted. it is not specific enough to support the various types of signage that have been developed; secondly, the creation of the Downtown Plan resulted in direction from the public as to how signage affects the charader of our downtown; these improvements have been incorporated as well; and this update also includes various housekeeping changes, and the entire wording and layout ofthe ordinance ha5 been reorganized to be more user friendly and understandable; SUMMARY OF PROPOSED CHANGES: The proposed sign ordinance includes but is not limited to the followinB: A. Addition of the following new sections: 1. 66-13 - Landmark Signs 2. 66-83 - Glare Control 3. 66-85 - Brightness 4. 66 105 (B)- lllumination Types 5. 66-105 (C)-Additional StandardsforDowntown Business District 6. 66-105 {D)-StandardsforGreenwaySignage B. Addition ofthe following sign types, Section 66-105 (A): 1. Drone signs 2. Manual Changeable Copy signs 3. Mechanical Movement and Revolving signs 4. Window signs C. Amendments to the following sections: 1. 66-105 (A)Sign types, Monument signs 2. 66-107 Prohibited signs 3. 66-151 Definitions; and WHEREAS, Mary Ellen Wines, Zoning Administrator. appeared before the Commission explaininB the proposed code amendments; she noted the request in front of the group is the proposed chapter 66 of the Code of the city of salem better known as the sign ordinance; as you are well aware through various work sessions and discussions as to the purpose of a new ordinance, please allow me to take a few minutes for the audience and the formal record; as a result of the creation of the Downtown Plan, city staff became quickly aware that our community wanted a more vibrant and historic look for our downtown; in reviving such character it became apparent that the current ordinance not only does not encouraSe such signs, it actually prohibits them; signs such as projecting signs, like west Salem Auto Body, '1 neon such as around Mac N Bob's, and signs incorporated within awnings' canopies' and marquees are strictly prohibited; once staff began researchin8 the needed amendments to facilitate the downtown plan it became apparent that other changes were necessary as well; the U. 5. Supreme Court Case Reed vs. Town of Gilbert in 2015 has had localities across the nation rewriting their ordinances to remove content based sign regulation; technological advances have surpassed the limits ofthe current ordinance as well; and finally, staff requested a reformatted ordinance that is more user friendly; an open house was held January 5, 2017, right here in Council Chambers to allow citizens and si8n companies the opportunity to Sive comment; I will not take the time to explain every proposed change, however, there are some important amendments and additions that should be noted; the addition of Landmark Signs that at your discretion, will allow the preservation or construction of signs that do not advertise an existing bona fide business but which may be of significant civic, historic, or cultural interest; the addition of Glare and Brightness regulations; these will be used to protect neiShboring properties and protect the community's safety and welfare by controlling distractions; the addition of lllumination types, such as external, internal, halo, and neon lighting; the addition of supplementary standards for Downtown, that will allow additional signage that encroach onto the city sidewalks, such as projecting signs; the addition of regulations of Greenway signage to protect the natural environment of our greenways; and the addition of new sign types such as drone si8ns, manual changeable copy signs, mechanical movement signs, and window signs; finally, there are a few amendments to the existing regulations of monument siBns, prohibited signs, and of course the definition section; staff has tried to be all-inclusive, however, an ordinance such as this is ever changin$ if passed and implemented, there will be unanticipated situations that will arise and require future amendments; and so the Commission can expect to see this item return in the future; and WHEREAS, no other person(s) appeared related to said requesu ON MOTION MADE BY COMMISSIONER KING, SECONDED BY COMMISSIONER ROBERTSON, AND DULY CARRIED, the Planning Commission of the City of Salem doth recommend to the Council ofthe City ofSalem that Chapter 66, Signs, ofTHE CODE OF THE CITY OF SALEM, VIRGINIA be abolished and reordained as follows: SEE ATTACHMENT B -the rollcallvote: all present - aye. WHEREAS, Commissioner Robertson noted that this would be his last meeting on the Planning Commission; he has enjoyed the time he has been on the Commission and has learned quite a lot over the years; he is going to miss everyone; however, he looks forward to seeing things progress in the City and especially in the downtown area; Chair Daulton thanked Mr. Robertson for his service, saying he had been an asset; and further, she wished him well. B There being no further business to come before the Commission, the same on motion adjourned at 7:17 p.m. Executive Secretary Chair 9 CITY OF SALEM PLANNING COMMISSION Prepared by: City Administrative Staff STAFF REPORT ITEM #1 Meeting Date: January 11,2017 Report prepared: January 4,2017 RE: Hold public hearing to consider the request to rezone the following properties: 104 Electric Road (Tax Map #80-2-4) from RSF Residential Single Family to CBD Community Business District, 503 South College Avenue (fax Map #145-7-5) from TBD Transitional Business District to CBD Community Business District, 507 South College Avenue (Tax Map #145-7-6) from TBD Transitional Business District to CBD Community Business District, One Front Avenue (Tax Map #234-5-2) from LM Light Manufacturing District to CBD Community Business District, 1516 King Street (Tax Map #234-5-3) from LM Light Manufacturing District to CBD Community Business District, and 9't7 South Colorado Street (Tax Map #1844-'10) from HBD Highway Business District with condition to HBD Highway Business District with no condition. BACKGROUND INFORMATION: As part of the previous update to the Comprehensive Plan, it was determined that there was a need to rework the Transitional Business Diskict (TBD) zoning so that it better fit its intended use of being in areas that downtown would expand into in the near future. lt 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. The properties that are being considered have requested rezoning to CBD, except for 9'17 South Colorado Skeet (Tax Map #184-4-10), which is requesting the removal of a condition requiring it to be a 'beauty salon". ALTERNATIVES: 1) Recommend approval of the request to City Council as submitted. 2) Recommend approval of the request with conditions not yet received. 3) Recommend denial of the request. I inch = 100 feel 0 50 100 200 Feet ITEM # 1A JANUARY 2017 PLANNING COMMISSION 104 ELECTRIC ROAD CITY OF SALEM Codmlnily DcrcloDocbt D.prnm.rt P.O Bq 869 S.L. V'rs'.'r2415r{E59 Phoi.:(r{o)r75-1012 EXISTING ZONING FUTURE LAND USE ELp."r!G,{ L s,.d,', L-l P.,..r E cr, Lh. 1:Z ^G - rq'iqttutac^!,fd f] Sco - BL6ir.ss c{.nm.@ uslncl I cuo - cacg"rudv..",ly Lt.rb DBo ' Dovnlown &dnN Di.lriql I HBD - lqtu y &J.rrEs ostr., I Hu ' H6vy M.rut ctuiry osind Lt - Litil lirxrdJnng Disticl PUD-A rbd Urit Lld.id J ae - nariaaiat ar:ir:rs oi**r RMF - RcBir€nld lldt-F nly DElict __ - RMF/RB -R€!]$raial Mulli-Flmily/R65id66ntl Eoti!e!! Orlrlci RSF - R.5i.h.iid Simlo Fedy Eri.irid : RSF/RB - Re.ir6ntd Singr. Famly/Rsidatial a.{Es Dilbil RsFnuF - R.ddeniid SingL F it/R63xl.rlud Mdli-Flhiv Dblncl E'-** r t,r' E r** f! crLt'* Ic-... trb.'.r. Io-* Xt".."P.t -. i6fur IEar*D-*r-rra-, l.- Ihrd. Jrr. HBLVHy - HElrw.y BosincsCtL€vy Mrr/t .turing D.l'lci m RSF/I-iBD - Rd*rent.l Snd.migtwsv &r3irEss Disiici '- HBD x -Hlgle€y BuliBr^ittht vdtEcru!.g DisLkx ffff RSF/LI - R".id.,td SingL Fmilv/Lilll Mstut ctuirE iy'i:: tuiPl-udatuarrt*t nnCH66vy Mdutb.t nE gBttcl : RsFdBo _ R.lhdnid srngL F.hilyfileilional8u!n.3. Dsltut MHP Manlraclured Hore Pad Dslncl I TBD - r..nsnbnal B6irEss DisEEr 1 inch = 100 feet 0 50 lm 200 lrrrlrrrl Feet ITEM # 1B JANUARY 2017 PLANNING COMMISSION 503 SOUTH COLLEGE AVENUE CITY OF SALEM Commrnity DeveloprEnt Dcparin*ni P.O. Bor 869 s.l.rc vi,!ioi. 2{15 !{869 Phoft: (5a0) lls 3032 EXISTING ZONING FUTURE LAND USE !r-n*rr6r-s I Erd,'r f l r-..* ffi c.rL-. '/fi rc - 4*,n'" oiara I sco - B6rEs co|llEc. t st.t ! cuo - c"r"9Auni,mry oLr,tr ' oBD - Dorldn B6lBs oilricr I HBD - Highfiy B6irss Dtirtr ! rn - Heavy tna*l""r.r''g Diltkt -. til - tEh Mad*lrilg O'stEl FUo - PL.red u.tt oi$icl EJ RB - R6id! i s.Ei6. Di5d.t RMF - R6rd.nd.l lvldi-F.maY DBrkl rurF/RA - R6itdi.r MlrtlF.nily/R.5irand BuiE! Olsrlcl RSF - R6id.rrd Si!!h F.trty D6l,tcl ri RsF/RB . R6!.nd.lsr,Eb F.hily'R..i&ond B6rB! oi'ticr RsF/Rt F - Reiir.rfl siEb F.nirrRs.Edt l M'*F.n{y Disnicl E,-*,*,.' I rr+ fl r-rfiqr* I- irE e I-' nF*e-b.nk-. Iexor*,rlrr I- -ffi I neouU - X6t*.y e"--rtx..v, tilmrrctuiE oitra m RSF/HBD' R6iL.d.l shsldHlgh*., Ettics Dis!'lcr i I HBOL - Hlst*.y BBlEs4isi{ rl.E ..urr€ ulttr !{! nsF/W - no*o,i.t si'si" Flii{v/Lish M.d,Etuir€ [M/HM - L*rhr ManractriEr'Heavy M.n!,errnE Distsi.l RSFIBO _ Resil., El Sngle Fstiyrl.aB'fhd Bus'n"s Distrkl MHP - Mandelred Hom Prt Disrrict I IBD T..Etion.r BcrEs! Disrn.l 1 inch = 100 feet 0 50 100 200 Feet ITEM # 1C JANUARY 2017 PLANNING COMMISSION 507 SOUTH COLLEGE AVENUE CITY OF SALEM Commmity Dcv.lopment D.partnEnt P.O. 8br 869 S.ldi, vnginEzar53{59 n!o,t: (5t0) 375-3032 EXISTING ZONING FUTURE LAND USE Er.rpi. 5r6 I a,t^o E r*.r ffi cryri,c Zl, AG - ,st.!.ne o.nit I Bco ' &!,cs cdmft. Disrhr I cUD - co&g!ru.rs[, DiEkr I oso - Oo,"ro*n ausrs. oi'r'tr I HBD - Hlghsy B6rf3s Oisei.r PUD - Pb.rEd Un Dirrri, f ne - ncsiacnt,r awis: otticr Rlr. Reijstd rJh,|iF.ot, Urtict . RMF/RB - Ra*!r .l Muti-F*lt/R.site El &Ein.55 Dkni:r RSF - R?idt{{ Srgb F.nly Diroi:r f,lo, --r,a.,r "-,, ft e-r f,! qrr Ic*u : r-u- Io-"m lltarr-:I€.do.-E,.rr-Il'd.rr l.:2, rLr,r. Hlo/tlM. Hirrffi, BucBiH..t, tia..rr..n ng Obrir El RSF/HSO - R.si(Erd.r shgLrHtstr., &.i83 Di.nict [ - i ruour. nb*ry eu:rm..,/ugt rardr.curiE oi r.r ffi nsrLU-n 'racnrrr srEb F.dry'UslrM.n *odto I HM ' H.av, lr.Nr&tlring Distat I I LM - ti{rhr M.rul&i,iu Oirict j_ rrexr . r5rr ua",roa"rg/H..v, U.o,a..n .s Okricr RsF/IaO - Rsircd6l S,lgle F,rilrffr.ninDn, susire5s OE i.r IES RSF/RE - R*id",n l t'Er F..t/Rqire d s6i*s Oisricr RSF/RIF - R..l&dic shgb f.n{y'e6ir,$d i id-F.tri, Dtri.r MHP M.huhcMed Hom Palt Dirricr I TBD ' ThEirion.l BGiE. Disricr 1 inch = 100 feet 0 50 100 200 Irrrlttrl Feet ITEM # 1D JANUARY 2017 PLANNING COMMISSION ONE FRONT AVENUE CITY OF SALEM Community Dewlopment DeFartrEnt P.O. Bor 069 s.lsn, Virginie 2{r53{109 PtEa: (54) 115.3012 EXISTING ZONING FUTURE LAND USE Er P*d,x', ! &-.F E P.d E c.,ttu ZZ ^c - ^s'r!.we o.nit a BCO B6rlEscffic. OGnicr I cuo - c"rus"al,wclt Orrt tt OBO - Don@n B6iress Oi.ekl I HBD - Hlgrua, B6-sss oisti:t I HM - H€avy M.n &l[irg Disttl LM - t*ian M.ni*n ing oilnicr PUO - PL.,Ed Unr Dbuar I RB. RqriddnLl EusiEs Dhticl RMF R6ld.nd.lMuli.Ft.t{rOlslricr RMF/Ra - Rd].brrLl MdtF.rnIy/RGit i!.1BG|IE$ ctstict RsF - Resld..$.| shgb F.r{, Disricl EI-,-.sa . t.E' fl r*f!qLB Ic*'d aI -drr- Ib -i*P.-*kdr'Is.d.odr]dr- l.-.!.. tl.d Ir-.* HBO,Bu r{rr6y BllrlE3*t av! U.rirlcn,i{ Dbtu ffi R5F/HBD ' R.skbnt l shsa'/Hilh*t, gusiEs oErict ] Hso/tM - Higlr.y B.i*rlighr M.n .crriq Dirtit US RsF/tra_ Rolddrid silb F.,rillr/tiglti,t nu'&!,'tg I RSF/RB - Re.ld.,rhl siEle F.mit/Reriredi.l a6rEs obtEr RSF/RIF - Resirr..rid shgL F.nrltdR6il.idd tAniFan v Di.dcl LM/tlM l-€lll M.dr&n ingrH@v, M.dr.c[rr!o D6ricl RSF|TBo - Re.l&di.l shgle F.rlrffr'Fliliord B6tmss oisttl MHP - Mdd.ct edH(mPxrDE act J TBD. Tra6irioMl &6hess DGtri.l N 'I inch = 100 feet 0 so 100 2N lrrrlrrrl Feet ITEM # 1E JANUARY 2017 PLANNING COMMISSION 1516 KING STREET CITY OF SALEM Community Developmcnt O.pa.tment P.O. Bor 869 s.Lr\ Virgrir 2a151-0069 Phoru; (540)375 3032 Er.,e..."!. 5.3 r Md.,, D p.,.& E ci,L^- ///a ee . Mx.l," oa,*r - BCo - BE|IB Co.ll,le. DEncr I cuo - colgrrude6ay olsn r . ! DBD - tloml n audB. Di'tir I HBo - Highe., BunE.i orsnkr EXISTING ZONING PUD PbnEd Unt Oi.rrEr Eal RB - R€'b br &!.,65 Dlltir' RMF, RErdodd Mdi.F.nry olsr,tr _ RMF/RB - ResldEnd Mdlif.r{y/R.sile.r.l BusiB Distil RSF - Resld6.firl Saigb F!,r.ry Ohticl EhP-il'+'t I rr'6 fl e.,.r f! qL* Ic-d -r E-u- I* Fh*h.dr-.rdI:.-*o-+rr-1, rr,r Il*d BSD/HM - Hlgin., &riEs/H..vy H.ndsnr5g D6tid ffi RSF/H8D - R.slr!.dbr s-tla/Higln .y B6iEss Dlsticr HBD/W. Highr., BusiBelLigl* M.n *!rhg Diiticr ffi nSftU - noti<taint SirEL Flnily/LigH M..d.crrirg ! ru. ravy raan,roaulg o;rtr i tU, tigtr U*uacruirg Oi.ria i Lra/HM - tigh Msdr.cluhe/Hdv, Mal,&nrilg Di5trcr RSF/TBD - R..irsni.l S.rgb fan{y'[6E ritul B6ie$ Oistal I CSrne - n""ra.,rlui Slngl€ F.mry/R3sirenri.l B6aBs5 Oistat RSF/RMF - Resiremrd shgL F.triryR.skb,rhl l^jlnF.r'ay DEtir FUTURE LAND USE MHP M.nt n,.d Hom P-k DisrrEl I lBO - Ir.ErioEt BBic! Disrrbt N 1 inch = 100 feet 0 50 100 26 Feet ITEM # 1F JANUARY 2017 PLANNING COMMISSION 917 SOUTH COLORADO STREET CITY OF SALEM Comrlunity Dlvelopment DcpanmerYt P.O.8d 869 s.lnr virgrhl. 2a153{069 Prr..: (s/E) 375,3032 EXISTING ZONING Er.,p,-.ix-.10 a s,,.r". E r-..r fficvu* FUTURE LAND USE 1l te - tsi'l,." oi.nir [!1 eco - surrs. cmo oElrtr I CUO - coaesEJuniv.rir, Dilri:r - i DBD. owtdn B6iE.s Disdcl I HBD - Hhh'., B!s-ns. O.srtr HBO/Hra - tlbam, gulirdH.wy ra.nua..i,iE oilta @ RSF/HBD - Rd.ldrbl silolo/tllglw.t Ecil$ Obticl i.. j neonr',t - ttSr-y a-i*gush ti..'r&n rE Dhllcr ffi nsrtu - noii",ri.r stEb r..iy/Lighl ra.nrxt i,rg I HM- x.&, l&rut-r,hg obricr Ii RSF/RB- R65. il sir{L F.n{y/R6ij..d.l BErEs Dbdct ! ] t^a - Us M.rut dl,rrg tx.r,rd I RSF/RMF - R"r*, .|stlgb F.iir/R€ibdbr t unFFlmly Dilt|.t 7i: LBHU - ugm M-.r*arhs/}lo|, lbrrrn rlo Di.nrr RsF/rBO - Rolrddrid s.gL r.,rlrllr..Erih.l B.6l.t$ Oh{.it PUD - PLrrEd U^r Disnict El RB - Rosld€nd.l sEh6s Dirr.t RUF - Re.Ue.ti.l lluliF.rily D:rr-l RMF/RB. ResijGrrd MdtF.mt /R6id.nt l &inEis Dlst tt RSF - R6il.. j.l Si.gb F.tr{y Oi$i.r rcffi,.r Iod-" r'Er.-EcirE Ibb In*raar-rr Ir.ffi.oi'a.fth I,tu MHP M.nut*trred Hore P.i( District I TBD - T6nsirbnal Eushc6s Dbricr A!{ ORDINANCE TO AMEND SECTION 32-9I ARTICLE II' CHAPTER 32' 'OFTHE CODE OF THE CITY OF SALEM, VIRGINIA, RELAT]NG TO ZONING AND DIVIDING THE CITY INTO BUILDING DISTRICTS AND ESTABLISHINGDISTRICT BOUNDARY LINES ON THE ZONING MAP OT TTIE CITY OFSALEX, VIRGINIA. WHEREAS, Raymond antl Delores F. Hamalen, ornera, and caryA. and Sandra Jean Beck, contract purchasers, have heretoforepetitioneil to have property known is Lots 24 through 2O j.n the900 block of Colorado Street rezoned fron Industriil nistrictM-1 to Busineas District B-tt and WIIEREAS, irf said petition, Raynond and Delores F. Handen,owners, and Gary A. and Sandra ,fean Beck, contract purchasers,alial voluntarlly proffer a writt.en condition in aaldilion to thereguLations provicled for in Business District B-l into whichthis property is requesteal to be rezonedi and - WHEREAS, Council has revielred the proposed condition andis of the opinion that the reguested re-zoning wiChout Eheproposed condition f,rouldl not be in the besE interesta of theCity and lhat tbe condition proffered !ri1l more ctoaely complywith the intent of the tand Use plan heretofore adopted; aod - WHEREAS, Council has adopted the provisions of Chapter320 of the 1978 Acts of tbe ceneral Assembly of virgini;,Sections I5.l-491.I through 15.1-491.6, rellting tocondlitional zoning; and WHEREAS, the Planning Commission at its regular meetingheld on May 14, 1986, tlid recommend to Council ifter nolaing apublic hearing that such rezoning be alone with the conditionas proffered i NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SAI,EM,VIRGINIA, that Section 32-9, Art.icle II, Chapter 32 of TheCode of the City of Salem, be amended, revised, and reordainedto read as follo$s and the map referred to sha11 be changed inthis respect and no other3 Section 1. That the folLowing described properEy,presentLy zoned IndustriaL District u-I inthe City of Salem, be anal the same is hereby changed froi Industrial Di8trict U-l toBusiness District. B-1 and the map referred toshall be changed in this respect and no other.Hosever, in addition to the regulaEions foreuch zoning dist.rict. as contained. ln Chapter32 of The Code of the City of Salem.Virgini.a, there Ls hereby incorporated t.hecondition Eet forth in Section 2 of thisordinance to the same extent and purpose asthough such condicion were herein ful1y setout at. Iength: BEGINNING at a point on the northerl.y rightof way line of Colorado Street, said pointbeing S. 78' 15, 00" w. l5O feet from SeventhSt,reeti thence eit.h lhe northerly right ofway line of Coloraalo Street, S. 7Bo 15' O0'W. 75.00 feet to a pointi thence N. Lto 45' nnt rd il< no fa6c l^ - ^^iir i^ tL^ Qt7 s.Abnelot fnr tup# lW'Ht E. 1t5.00 feet to the PIJACE OF'BEGINNING, asahown on that certain plat prepared byKenneth E. carlton, Ceittfi;d i.and Suiveyor,tlateal Uarch 21, 1986, and aaid prgpert,y LeJ.ngknown as Lota Zl , 25, and 26, r.rip'6r si:.enInproveEent Copany. section 2. The following conditlon voluntarilvproffered ehall apply in aaldlt.lon 'to theregulatlons contained in Chapter 32 of TheCode of tbe City of Salen: sill be used solely as ain accordance with plansthe City of Salem planni.rg May l{, 1986. All ordinancea or parts ofthe provisions of this 6rdinancerepealed. This ordinance shill be in fulIdays after itE final passage. Upon a call for an aye anal a nay vote, the saBe stood asfollous 3 l. oralinances ln confLict withbe anal the same are hereby force and effect ten (10) Howard C. Packett - AyeAlexander l.l. Brosn - AbaeotCarl E. Tarpley, .lr. - AyeW. Uac creen - Aye ilames E. Taliaferro - Aye Passed: June 9, 19 g6 Effective3 ilune 19, 19BG /s/ Jamee E. Tallaferro lrtayor -ATTESl: of Salem, virginia ComlaElon on i6t De ?+71'tso4 \t q a t*^ * an\\ ot <o ,mow <\.1" ryV)r "'vn%o -ln |rA.v'n o .Tfl "sry \*..,\v\ _lmf"(11'-"o'r ''t 1n"1 6qr'oz )oo o,*! "T oU \',11'- l\ "o- "(\ J nr (z-.1t-lhtfryo zr,66v1 i- T-l \) "f A/-,,rf 'Dil Ls * 4^V, arlp rri-\e.'1 , --1,r* * ]lh rl\ 1 :n s*666, {+ ftry "qYo ,u .s )t7 v"cn -r,t,- r.,+ f1F +V [.,1rJ."d ,s o flw{ -.' ?* -l-r- *q'''1 rr, ?., n "rl \j{)n,21 "01 , C€ C Jsd ',fl L'r'c"t Joa >bwle Jn-bt T 7l llnn* ,01 ryt/1o )bt"\ 1L ".1 \. \z :- \ l!- \ tr/sfr q pL',rLL'01/; I s t h-t vl,' *Et,9 ?tl ",1r4t00 l,ol nStg<ro TLJ,-o)n , rl -"J- T',l',&*lg - tr Thomos E Higgs June Lee Higgs 507 S College Ave. Salem, VA 24753 s40-314-5615 December 16, 2015 Mary Ellen Wines, CZA City of Salem Zoning P O Box 859 Salem, VA 24153 RE: 503 5. College Avenue and 507 S. College Avenue Dear Ms, Wines The letters received for the above mentioned properties indicated a change in the zoning of these from Transitional Business District to Residential Business and/or Residential Multifamily District. As the property owners we would like to request that both of these properties be re-zoned to Community Business District. lt is our understanding that with this zoning the property could remain as it is which is residential and residential multi-family. Please let us know if there is any questions you might have concerning this matter and if there is anything we might do to help getting the new zoning passed. Again, thank you for your assistance. June Lee Higgs From: Sent: To: Subject: Eddie's email. Benjamin W. Tripp City Planner City of Salem VA PH:540-378-0173 Benjamin W Tripp Friday, January 06, 2017 9S1 AM Judy L Hough FW: Thomhill - Ives rezoning ---Original Message--- From: enthill@cox.net [mailto:enthill@cox.net] Sent: Friday, January 06, 2017 8:53 AM To: Benjamin W Tripp <btripp@salemva.gov> Subject: Thornhill- lves rezoning January 5, 2014 Ben Tripp 21 S. Bruffey St. Salem Va. 24153 Dear Mr. Tripp We are sendin8 this letter to request that are properties located at 1515 King St. (Tax Map # 234-5-3) and 1 Front Ave. (234-5-2l.be rezoned from their current LM ( Light Manufacturing District )to CBD ( Community Business District ). Please feel free to contact us if you have any questions. Sincerely Edward N. Thornhill & Linda T. lves 1 Mary Ellen H Wince fmnr: S.nt Toi Subl.ct Don Bishop <don.bishop.bv17@statefarm.com> Friday, January 06, 2017 12:35 PM Mary Ellen H Wines FW: Rezoning As property osmcr of 917 S Colorado St. Salem, VA 24153, I egrcc with ttc rczonlng notice chantlng this propcrty from TBI,, TRAilSmOI{At EUSIIIESS DISTRICT to HBD, HIGHWAY BUSIi{ESS DrSTRrCr. I also agrcc with rcrmval of thc r:strictlon llmltlngthc propcrtyto b€ uscd as a bcaGy selon. 0x Sehp-o*." BV17 (s40) 389-725s (s40)389-7270 AFFADAVIT OF IIAILING PURSUANT TO SI5.2-2204 CODE OF VIRGINIA PLANNING COMMISSION JANUARY 11,2017 ITEM # 1A This is to certify that I mailed letters in reference to the rezoning request of Michael B & Shannon E-Richards, pgperty owners, for rezoning the property locatedat'104 Electric Road (Tax Map # 80-2-4) from RSF Residential Single Family District to CBD Community Business District to ihe following property owners/representatives and adjacent property owners on December 29, 2016, in the 2:00 p.m. mail: RADFORD VICTORIA E 5540 LONGRIDGE DR ROANOKE, VA 24018-7890 LAKESIDE (SALEM) STATION LLC 11501 NORTHLAKE DR crNcrNNATt, oH 45249 FIRST VIRGINIA BANK-SOUTHWEST PO BOX 167 wlNsToN-sAtEM, NC 27 1O2-OL67 MYERS THOMAS TROY 114 ELECTRIC RD SALEM, VA 24153 SHEPPARD KEVIN E & SHEPPARD TERESA G 1703 SPRINGFIELD AVE SALEM, VA 24153 MICHAEL B & SHANNON E RICHAROS 104 ELECTRIC ROAD SALEM, VA 24153 Signed City of Salem Commonwealth of Virginia Tho foregoing instrument was acknowledged before me this Notary Public My commission expires: Date day of 20_,by AFFADAVIT OF TIAILING PURSUANT TO 515,2.22ctr CODE OF VIRGINIA PLANNING COMMISSION JANUARY 11,2017 ITEM # 18 This is to certify that I mailed letters in reference to the rezoning request of Higgs Family Trust,property owners, for rezoning the property located at s03 south college Ave-n-ue (Tax-Map # '145-7-5) from TBD Transitional Business District to CBD Community Business DGtrict to ihe folloring poperty ownerdrepresentatives and adjacent property owners on December 29, 2016, in the 2:00 p.m. mail: LOURINE'S PROPERTY LLC 1254 FOREST LAWN DR SALEM, VA 24153 NEW CREATION MINISTRIES 2 COR. 5:17 INC 2OO E 3RD ST SALEM, VA 24153 TRUSTEES CENTRAL UNITED METHODIST CHURCH 428 S COLLEGE AVE SALEIV, VA 24153 CIW SCHOOL BOARD OF SALEM VA (THE) PO BOX 859 SALEM, VA 24153-0859 HIGGS FAMILY TRUST 507 S COLLEGE AVE SALEM, VA 24153 HIGGS THOMAS E & HIGGSJUNE L 507 S COLLEGE AVE SALEM, VA 24153 GINN JOHN L & GINN JERRIE T P O BOX 3s6 SALEM, VA 24153 Signed Date City of Salem Commonwealth of Virginia The foregoing instrument was acknowledged before me this _ day of ffi My commission expires: 2O_, by AFFADAVIT OF I'IAILING PURSUANT TO SI5.2-2204 CODE OF VIRGINIA PLANNING COMMISSION January 11,2017 ITEM # 1C This is to certify that I mailed letters in reference to the rezoning request of Thomas E. & June L. Higgs,property_owners, for rezoning the_property located at 507 Souih College Avenue (Tax Map # 145.i?ii from TBD Transitional Business olstria t6 CBD community Business bistrict to the following properti owners and adjacent property owneni on December 2g, 2016, in the 2:00 p.m. mail: NEW CREATION MINISTRIES 2 COR. 5:17 INC 2OO E 3RD ST SALEM, VA 24153 CITY SCHOOL BOARD OF SALEM VA (THE) PO BOX 859 SALEM, VA 24153-0859 CONDREY BRENDA D 511S COLLEGE AVE SALEM, VA 24153 HIGGS FAMILY TRUST 507 S COLLEGE AVE SALEM, VA 24153 J&JFISHLLC 724 W CARROLLTON AVE SAtEM, VA 24153 THOMASE&JUNETHIGGS 507 S COLLEGE AVE SALEM, VA 24153 Signed City of Salem Commonwealth of Virginia The foregoing insfument was aclmowledged before me this Notary Public My commission expires: day of _,2O -by Date PLANNING COMMISSION JANUARY 11,2017 EAGLE AMERICAN LLC PO BOX 907 SALEM, VA 24153 IVES LINDA THORNHILL & THORNHILL EDWARD NELSON PO BOX 711 SALEM, VA 24153 Signed City of Salem Commonwealth of Virginia The foregoing insfument was aclnowledged before me this Notary Public My comrnission expires: AFFADAVIT OF TAILING PURSUANT TO 515.2-2204 CODE OF VIRGINIA BEIHEL BAPTIST CHURCH INC 1501 COTORADO ST SALEM, VA 24153 ITEM # 1D This is to certify that I maibd letters in reference to the rezoning request of Edward N. Thomhill gnd Linda T. lves, property owners, for rezoning the property located at one Front Avenue (Tax Map # 234-*2) from LM Light Manufac'turing District to CBD Gommunity Business District to the following property owners/representatives and adjacent property owners on December 29, 20'16, in the 2:00 p.m. mail: Date day of _,2O_,by PLANNING COMMISSION JANUARY 11,2017 EAGLE AMERICAN LLC PO BOX 907 SALEM, VA 24153 THORNHILL EDWARD N & IVES LINDA T PO BOX 711 SALEM, VA 24153 BOONE, PAUL CURTIS 1646 MCVEY RD vtNToN, v424179 AFFAOAVIT OF MAILING PURSUANT TO 515.2-2201 CODE OF VIRGINIA GORDON DAVID M 114 BOWMAN AVE SALEM, VA 24153 ITEM # 1E This is to certify that I mailed letters in reference to the rezoning request of Linda Thornhill lves & Edward Nelson Thornhill, property owners, for rezoning the property located at 1516 King Street (Tax Map # 2U-5-3') from LM Light Manufacturing District to CBD Community Business Distric{ to the following property owners/representatives and adjacent property o,vners on December 29, 2016, in the 2:00 p.m. mail: BETHEL BAPTIST CHURCH INC 1601 COLORADOST SALEM, VA 24153 AFFORDABLE SEPTIC LLC PO BOX 20861 ROANOKE, VA 24018 Signed City of Salem Comnonwealth of Virginia The foregoing instsument was aclnowledged before me this Notary Public My commission expires: day of _, 2O_, by Date PLANNING COMMISSION JANUARY 11,2017 TBL PROPERTIES LLC PO BOX 131 BURLTNGTON NC 272't6-0131 FARRIS, MARGARET LOUISE & SPRADLIN, BETTIE ANN FARRIS PO BOX 2667 SALEM VA 24153 IVES LINDA THORNHILL & THORNHILL EDWARD NELSON PO BOX 711 SALEM VA 24153 DONALD L & MARGARET K BISHOP 917 S COLORADO STREET SALEM VA 24153 AFFADAVIT OF irAlLlNG PURSUANT TO S15.2-220.t CODE OF VIRGINIA DEMARCO DAVID A PO BOX 801 NEW CASTLE VA 24127 ITEM # 1F This is to certify that I mailed letters in reference to the rezoning request of Donald L. and Margaret K. Bishop, property owners, for rezoning the property located at 917 South Colorado Street (Iax Map #184-4-10) from LM Light Manufacturing District to CBD Community Business District to the following property owners/representatives and adjacent properly owErs on December 29, 2016, in the 2:00 p.m. mail: STAFFORD DANIEL E 935 WARD STREET ROANOKE VA 24017 Signed City of Salem Comrnonwealth of Virginia The foregoing insfrument was acknowledged before me this Notary Public My commission expires: day of . 2o__..._,by Date ITEM #bB pn6l-J.3-l.1 AN ORDNANCE To AMEND, REVISE, AND REoRDAIN CHAPTER 106, Article II District Regulations, Section 106-2l ZiAXll' Article III Use and Design Standards,' -Section 106- 31i.2(C)&(E), Article IV o*"top-"nt Standards, Section 106-402'7(D)&(E) and 106- +O+.f iai pLrtai.ri.rg to miscellaneous uses, buffer yards, screening & landscaping, and off- street parking requirements. BE IT ORDAINED BY THE CoLNCIL oF THE CITY oF SALEM, VIRGINIA, that Section 106-212(A)(7), Article II, Sections 106-314.2(C)&(E), Article III, Sections 106- 402.7(D)&(E) and 106-404.1(A), Article IV, Chapter 106, of The Code of the City of Salem, Virginia, be amended, revised, and reordained to read as follows: CHAPTER 106 ARTICLE II DISTRICT REGULATIONS SECTION 106.212 TBD - TRANSITIONAL BUSINESS DISTRICT. Sec. 106-212.2. - Permitted uses. (A) The following uses are permitted by right 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 7. Miscellaneous Use Types Mixed Use* Utility Service, Minor ARTICLE III USE AND DESIGN STANDARDS SECTION 106.314 MISCELLANEOUS USES. Sec. 106-314.2. - Mixed use. A. Standards in the DBD Districr: Residential uses shall be allowed only in the same structure as an office or commercial use type. Common entrances are encouraged. The office or commercial use type must occupy at least the first floor ofthe structure, except as allowed by the following: a. Educational facilities, college/university as allowed by Section 106-306.5, Standards in the DBD District. h Residential uses may be included on the ground floor by+peeielexeeptie+ permiG i.l oeeordme reguiremen+s+ t, treos of first flo These orees shett b in eensultetien witl the Departrmnt ef Histerie Reseurces o-d vorieus ofdepfh{+em*h€{t}eeG at the discretion of the administrator, with consideration of historical and architectural features, requirements of the Department of Historic Resources, original historic commercial space layout, and other quali$ing factors. l. ,, All development ormd should be configured so as to-be pedestrian friendly' New construction or construction involvlng the demolition of existing buildings shall be ofscale and construction materials so aslo be appropriate with existing surrounding buildings. Materials and types of construction ihat should be given consideration include, but are not limited to: a. Brick facades; b. Comices, parapets, molding, lintels and other extemally visible decorations; c. Roof lines; d. Windows. 5, A homeowner'siproperty 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 comrnon areas within the development. E. Standards in the TBD District: l. Residential uses shall be allowed only in the same structure as an office or commercial use type. Common entrances are encouraged. The office or commercial use type must occupy at least the first floor of the structure, except as allowed by the following: *.Edneetienal foeilitiesr eellege/university as alleweC by Seetien 106 @ a.Residential uses may be included on the ground floor by-speeid feUe*ing-+esrdrem€nts+ i, Areas of first ftoo i* ie required to exeeed at the discretion of the administrator, with consideration of historical and architectural features, requirements of the Department of Historic Resources, original historic commercial space layout, and other qualirying factors. All development should be configured so as to be pedestrian friendly. 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: o: Brick facades; h Cornices, parapets, molding, lintels and other externalty visible decorations; €r Roof lines; * Windows. 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. 3. 4. 2. 3. 4. 5. ARTICLE IV DEVELOPMENT STANDARDS SECTION 106-402 BUFFER YARDS, SCREENING AND LANDSCAPING' Sec. 106-402.7. - Perimeter landscaping standards for parking lots' (D) Standards in the DBD District 1. Any new parking area shall conform to 106-402'7 (A-C)' 2. When a rlconfigured parking area is required or proposed adjacent to a public streetrights-of-way,alandscapedplantingstripshallbeestablishedbetween the parking area and the adjacent street rights-of-way' This required landscaped planting strip shall have a minimum width of four feet' 3. The required landscaped planting strip shall be planted with a combination of trees and shrubs. One tree shall be planted for evely 25 linear feet of landscaped area. 4. Landscaped endcaps shall be installed between rows of parking and adjacent street rights-of-way. 5. Other types of screening may be allowed at the discretion of the edminirter administrator. (E) Standards in the TBD District 1. Any new parking area shall conform to 106-402.7 (A-C). 2. When a reconfigured parking area is required or proposed adjacent to a public street rights-of-way, a landscaped planting strip shall be established between the parking area and the adjacent street rights-of-way. This required landscaped planting strip shall have a minimum width of four feet. 3. The required landscaped planting strip shall be planted with a combination of trees and shrubs. One tree shall be planted for every 25 linear feet of landscaped area. 4. Landscaped endcaps shall be installed between rows of parking and adjacent street rights-of-way. 5. Other types of screening may be allowed at the discretion of the edminister administrator. SECTTON 106-404 OFF-STREET pARr(NG REQUTREMENTS. Sec. 106-404.1. - Applicability. A) These provisions shall apply equally for all use types listed in this section, except for those use types located within the DBD Downtown Business District and the TBD Transitional Business District. No minimum parking shall be required for any use type within DBD and TBD. However, if parking is provided for any use type in the DBD and the TBD, it shall be constructed to the standards contained herein as well as applicable standards contained in section 106-402 Buffer Yards, Screening and Landscaping except that parking areas designated for private use of residents may utilize compact size parking stalls. All ordinances or parts ofordinances in conflict with the provisions ofthis ordinance be and the same are hereby repealed. This ordinance shall be in full force and effect ten (10) days after its final passage. Upon a call for an aye and a nay vote, the same stood as follows: James L. Chisom - .Iames A. Martin - Jane W. Johnson - William D. Jones - Byron Randolph FoleY - Passed: Effective: ls/ Mayor ATTEST: James E. Taliaferro, II Clerk of Council City of Salem, Virginia CITY OF SALEM ITEM #2 PLANNING COTUMISSION STAFF REPORT Prepared by: Meeting Date: biivaori"i'.tt"tive staff i1l,X,1'rlJ;3311 January 4'2017 RE: Hold public hearing to consider amending Chapter '106, Article ll District Regulations' Section 106-212(Ar(7), Articte ttt Use and-Design Standards, Section 106-314.2(C)&(E)' Article lV Development standards, section 106402.7(D)&(E) and 106-404.1(A) pertaining to misceilaneous uses, buffer yards, screening & landscaping, and off-street parking requirements. BACKGROUND INFORMATION: This item contains various updates to the Mixed Use regulations in Downtown Business District (DBD), adds Mixed Use to Transitional Business District (TBD), and revises the parking standards in DBD and TBD to be more versatile. PROPOSED CHANGES: See Attachment A ATTACHMENT A Sec. 10G212.2' - Permitted uses. (A) .Ihc following uses ar" p"^iu"d by .ight in the TBD Trarrsitional Business District, subject to all other applicable ."qri..r.r".,t-, .*tained in this chapter, An asterisk (') indicates that dre use is subjecr ro additional, modified or more stringent standards as listed in Article IlI, Use and Design Standards 7 . Miscellaneous llse TYPes Mixed Use' Ut.ility Service, Minor Sec. 106-314.2. - Mixed use. C. Standards in the DBD District: 1. Residential uses shall bc allowed only in the same strucLure as an office or commercial use type. Common entrirnces are encouraged. 2, The office or commercial use t)?e must occupy at least the first floor of the structure, except irs allowed by the following: a. Mucational facilities, collegc/university as allowed by Section f0G306.5, Standards in the DBD Districl t+ Residcntial uses may be includcd the Found floor b-sp€€id-€re€ptiou at the discretion of the administztor, with consideration of historical and architectural feallres, requirements of the Departrnent of Historic Resources' original historic commercial space layou! and other quali$ing factors. AII development er+nd should be configured so as to be pedestrian friendly. New construction or construction involving the demolition of existing buildings sha.ll be of scale and construction matcrials so as to be appropriate with existing surrounding buildings. Materials and qpes of construction that should bc given consideration include, but are not limited to: a. Brick facades; b. Comice s, parape Ls, motding, lintels and other externally visible decorationsl c. Roof lincsi d. Windows. 5. A homeowner's/property orvner's association shall be created for each mixed use struc[re development. 'lhe association shall be responsible for the perpetu'al maintenance o[ thc properff and any open space or common areas within the developmenL E. Standards in the TBD Districu 1. Residential uses shall be allowed only in the same struchre as an office or commercial use type. Common enEaflces are encouraged. 2. I-he office or commercial usc type must occupy at least the first floor of the struchrre, except as allowed by the following: 4. Page 1 Standards i*lhe{fBD$i*des a. Residential uses rury te i,,"naea on the grormd nf.t ffi thG-s,Fe€L at thc discretion of the administral0r, with considcration of historical and architccnrral featurcs, requiremcnLs of thc Dcpartment of Hist'oric Rcsources' original historic commercial space layou! and other qualifuing factors' All development should be configured so as o be pedestrian friendly' New construction or consEuction involving the demolition of existirU buildings shall be of scale and construction malerials so as to be appropriate with existins surrounding buildingp. Materials and types of constnrction that should be gven consideration includc, but are not limited to: G Brick facades; L Comices, parapets, molding, lintels and other externally visible decoralions; Gr Roof lines; 4 Windows. 5. A homeowner'Vp.ope.ty ownefs association shall be crea&d for each mixed use srucEut developmenL The association shall be responsible for the perpeural maintenance of the property and any open sPirce or cournon arcas within the developmenL 3. 4. Sec. 10&402.7. - Perimeter landscaping standards for parking lots. (D) Standards in the DBD Disnict l. Any new parking arca shall conform to 10G402.7 (A-C). 2. When a reconfigured parking area is rcquired or proposed adjacent to a public street rights-of-way, a landscaped planting srip shall be established betreen the parking area and the adjacent street rightsof-way. This required landscapcd planting strip shall have a minimum width of four feeL 3. The required landscaped planting strip sh"ll be planted with a combination of rees and shrubs, One tree shall be planted for every 25 linear feet of landscaped area. 4. landscaped endcaps shall be installed between rows of parking and adjacent street ridtsd-way. 5. Other types of screening may be allowed at the discrction of the admisis+e* adminisu-alor, (D Standards in the TBD Disrict l. Any new parking arca shall conform to 10e402.7 (A-C)' 2. When a reconfUur,ed parking area is required or proposed a{lacent to a public strcet rights-of-way, a landscaped plantirU strip shall be established beureen the parking area and the adjacent strcet rightsof-way. This required landscaped plantins strip shal have a minimurn width of four feer PaBe 2 3. The required landscaped planting snip shall be planted with a combination of trees and shrubs' O.r. t .. *hril b. plr,,t"d fot "'"ry 25 linear feet of landscaped area" 4.I-andscapedendcapsshallbeinstalledbctweenrowsofparLirrgandadjacentstreet rights.of-way. 5.othertypesofscreenirrgmaybeallowedatthediscretionoftheadminister administraoor. Sec. 106-404.1. - Applicability. A) 'l'hcse provisions shall apply cqually for all use types listed in this section, except for those use typcs located within thc DBD l)owntown Business District and the TBD Transitional Business Disrict No minimum parking shall be rcquired for any use type within DBD and TBD. Howevcr, if parking is provi<Ied for any use $pe in the DBD and the TBD, it shall be constructed to the standards contained herein as well as applicable standards contained in section 106-402 Buffer Yards, Screening and lardscaping except that pafking areas designated for priv-ate use of residents may utilize compact size parking stalls. Page 3 ITEM#_.@_ DATE t- a3-l'l AN ORDINANCE TO ABOLISH AND REORDAIN CHAPTER 66 OF THE CODE OF THE CITY OF sALEM, VIRGINIA, PERTAINING TO SIGNS. BE lT ORDAINED BY THE COUNCtt OF THE C|TY OF SALEM, VtRGtNlA, that Chapter 66, of The Code ofthe City ofSalem, Vir8inia, be abolished and reordained to read as follows: PART II- CODE Chapter 66 - SIGNS ARTICI.E I. - IN GENERAI. Sec, 56-1. - Statement of purpose. Signs perform an important function in identifying and promoting properties, businesses, services, residences, events, and other matters of interest to the public. However, signs also obstruct views, distract motorists, displace alternative uses for land, and pose other problems that legitimately call for regulation. The intent of this Chapter is to regulate all signs within the City of Salem to ensure the creation of a convenient, attractive and harmonious community, protect a8ainst destruction of or encroachment upon historic areas, to safeguard that signs are appropriate for their respective uses, in keeping with the appearance ofthe affected property and surrounding environment, and to protect the public health, safety, and general welfare by: (1) Promoting the safety of the traveling public and pedestrians by assuring quality construction and maintenance ofsigns, providing for appropriate sign location relativeto riBhts-of-way and other structures in order to maintain safe sight distances and access; minimizing distractions formotoristsj preventingtrafficsignsand signalsfrom becoming obscure; improving motorists' ability to quickly identify roadside destinations; and maintaining appropriate sign standards that suppon police surveillance adivities. (2) Prohibiting the construction of signs in such numbers, sizes, designs, illumination, and locations as may create a hazard to pedestrians and motorists. (3) Enhancing the visual appearance of the city, with particular emphasis on protecting views of its significant surrounding natural features, including the Blue Ridge and Allegheny mountains, and with emphasis on improving the visual quality of the built environment and creating a convenient, attractive and harmonious community, protection against destruction of or encroachment upon historic areas. (4) Ensuring sign design in the downtown, building on the traditional image and visual environment the City ofSalem seeks topromote. (5) Protecting property values by improving the quality of the built environment and eliminating nuisances to the use of other properties due to sign brightness, size, height or movement. (6) Promoting orderly development in all zones within the City. Sec. 66-3, - lnspections. The City Manager or his designee shall inspect annually, or at such other times as he deems necessary, each sign regulated by this chapter for the purpose of ascertaining whether such sign is secure or insecure, and whether it is in need of repair or removal, and if it conforms to all the requirements herein. Page 1 Sec. 55-5. - Unsafe signs and signs, maintained in violation of chapter. lJnsofe signs ond signs in violotion olthis chopter lf the City Manager or his designee shallfind that any sign regulated under this chapter is unsafe or insecure, or is a hazard to the public, or has been constructed or erected or ir being maintained in violation ofthe provisions ofthis chapter, he shallgive written notice to the permittee, lessee, operator or owner thereof. lf the permittee, lessee, operator or owner fails to remove or alter the si8n so as to comply with the standards set forth in this chapter within fifteen days after such notice, such si8n may be removed or altered by the City Manager or his desi8nee at the expense of the permittee, lessee, operator or owner of the property upon which it is located, so as to comply with such standards. The City Manager or his designee shall refuse to issue any other or further permit to any permittee, lessee, operator or owner who refuses to pay costs 50 assessed. The City Manager or his designee may cause any sign which is an immediate peril to persons or property to be removed summarily and without notice. Portable and temporary signs maintained in violation of the provisions of this chapter shall be governed by section 66-105. Any sign which constitutes a nuisance may be abated by the City under the requirements of Sections 15.2-900, 15.2- 906, and/or 15.2-1115 of the Code of Virginia. Sec. 66-7 Nonconforming Signs A. Signs legally in existence at the time of the adoption of this Ordinance, which do not conform to the requirements ofthis Ordinance, shall be considered nonconformingsigns. L Electronic sign settings not meeting the regulations herein shall not be considered nonconforming since the settings may be easily altered. 9. 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 shallsubmit 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 66-78, theapplicant 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 allsigns. c. For freestanding signs, the distance between the curbline or shoulder and the nearest portion ofthe sign. A certified plat may be required. d. Type of sign illumination. e. The electronic capabilities ofthe sign.f. The material of which the sign is constructed. g. The buildinB frontage. h. The control method for glare and brightness. ll. All permanent signs and sign structures shall be brought into conformance with the sign regulations when and if the following occurs: l. 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. 2. lf less than 50% of the sign area is destroyed or damaged, it may be restored within two (2)years after such destruction or damage but shall not be enlarged in any manner. Page 2 i]. lf morethan 50%of the sign area is destroyed ordama8ed, it shall not be reconstructed but may be replaced with a sign that is in full accordance with the provisions of this chapter. ,tr. An alteration in the structure of a sign support. 5. A change in the mechanical facilities or type ofillumination (i. A chanSe in the material ofthe sign face. 7. The property on which the nonconformin8 si8n is located submits a subdivision or land development application or site plan requiring City review andapproval. 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. lf 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. ln addition, a nonconforming sign structure shall be removed by the owner or lessee of the property. lf the owner or lessee fails to remove the sign structure, the City Manager, or his designee, shall give the owner fifteen (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 th is 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. Prior to the events listed in section 66-78, nonconforming signs may be repainted or repaired up to 50% of the replacement cost of the sign, the sign copy may be chan8ed, 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 increasethe extent ofthe sign'snon-conformity. Nonconformin8 signs shall be exempt from the provisions of section 66-7, if the nonconforming sign possesses documented historicvalue, and has met the requirements and has been approved in accordance with sec.66-13. l.l. All electronicsignsmustbeprogrammedsoastoconformtotheregulationsofthischapter. 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 premises, 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 wrltten 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 desi8nee 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. l). (. Page 3 Sec. 66-11. - Application of chapter to certain types of signs. Subject to the provisions of section 56-5, the following signs may be allowed without a sign permit and may not be included in the determination of the type, number, or area of permanent siSns allowed within a zoninB district, provided such signs comply with the regulations in this sedion, ifany. -{. official traffic signs. ll. Signs erected by the City of Salem including re8ulatory signs. C. Public signs - Signs required by the city of Salem for utilities, including traffic, utility, safety, railroad crossing, and identification signs for public facilities. D. Legalnotices. ll. Real estate signs which advertise the sale, rental, or lease of the premises upon which such signs are located only, not exceeding six square feet in area in residential districts and not exceeding 32 square feet in area in any other district. li. Temporary signs, as approved as a Srand opening event by the City Manager, or his designee, in accordance with Section 65-105 Permitted Signs (TemporarySigns). (]. Non-illuminated incidental signs, including incidental windowsigns, not exceeding 2 square feet. "Open" signs may be illuminated. H. Minor signs: Minor si8ns shall not be electronic nor illuminated. No minor sign may include commercial messaging. No minor sign shall be located on public property or in the right ofway. Minor signs shall not exceed 24 square feet. Minor signs shall include: l. Political campaign signs. 2. Temporary directional signs. t. SiSns inside a building, or other enclosed facility, which are not meant to be viewed from the outside, and are located greater than three (3) feet from thewindow. 2. Holiday and other temporary seasonaldecorations. i]. Personal expression and ideological signs. 1. Address signs - Stating address, number and/or name of occupants ofthe premises. .i. Security and warning signs - These limitations shallnot apply to the posting of conventional "no trespassing" signs in accordance with state law. 6. Private drive signs. 7. Signs denoting the architect, engineer or contractor, when placed upon work under construction. I. Flags: Non-commercial flags, fla8s ofany nation, state, local, or other geopoliticalentity, orflags not related to or used to draw attention to a commercial business, produd, or service. 1. Flags and flagpoles shall not be located within any right-of-way, unless meets the requirements of Allowed Encroachments as prescribed by the Handbook to Downtown Salem 2. Flags, containing commercial messaging, shall be considered temporary signs. See Section 66-105(A). J. Memorial signs or tablets, names of buildings and date of construction when cut into any masonry surface or when constructed of bronze or other incombustible materials. K. Signs which are a permanent architectural feature of a building or structure, existinS at the time of adoption of thls ordinance. L. Art and murals, provided such signs do not contain any commercialmessaging. M. Vehicular signs that meet the following conditions: 1. The primary purpose of such a vehicle or trailer is not the display of signs. Page 4 2. The signs are magnetic, decals or painted upon an integral part ofthe vehicle or equipment as originally designed by the manufacturer, and do not break the silhouette of the vehicle 3. The vehicle is in operating condition, currently re8istered and licensed to operate on public streets when applicable, and actively used in the daily function of the business to which such signs relate. 4. The vehicle is not parked within 20'ofthe right-of-way. sec. 66-13, - tandmark Signs Signs that do not advertise an existing bona fide business, service or product manufactured on a premises but which may be of significant civic, historic, architectural, or cultural interest may be declared a Landmark 5i8n and deemed to be conformance with the requirements of this Chapter and subject to the following: A. An application shall be made to the Planning Commission. ll. Applicantsshall provideatthetimeofapplication,awrittenhistoryoftheexistingsi8n,noting any and all physical chan8es or modifications, and/or a written account of the nature of the significance to the community. C. Applicants shall provide photographs of the si8n, preferably at various times throughout its history, and from as many different views as possible, or plans or drawings ofthe proposed siSn from different views, along with a certified plat determining location, and photos ofthe existing property on which the sign will reside. I). Applicants shall provide a maintenance plan as to how the sign will be maintained in its current form or a restoration plan to include maintenance to restore the sign to its original form. 1,. The Commission shall hold a public hearing and review the application before making a determination as to the declaration. [. Any alterations to any Landmark Sign must be approved through this process. (;. The Commission may remove such landmark designation and require the sign to be removed if it is altered, in disrepair, misused, or any other reason deemed appropriate. Sec. 65-15. - severabilitv lf any clause, sentence, para8raph, or part ofthis chapter should for any reason be adiudged by a Court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder ofthis Chapter, but shall be confined in its operation to the clause, sentence, paragraph or part directly involved in its controversy in which the judgment shall have been rendered. Secs. 66-16-66-35. - Reserved. ARTICLE II. - PERMITS GENEMLLY Sec. 56-37. - Required. It shall be unlawful for any person, firm, or corporation to erect, alter, repair, or relocate any sign within the City of Salem without first obtaining a sign permit, unless the sign is specifically exempt from the permit requirements as outlined in 6-11 Application of Chapter to Certain Types. Sec. 66-39. - Filing and contents of application. A. ln order to apply for a sign permit, the applicant must provide the following information, in writing, to the City Manager or his designee, City of Salem: page 5 l. Business name and address of5i8n location. 2. Name, address, and telephone number ofthe applicant l]. Name, address, and telephone number of the property owner, and the signature of the property owner or duly authorized aSent for the owner. 1. The current business License number or machinery and tools tax number of the applicant from the Commissioner ofthe Revenue. ii. Description ofthe activities occurring on the site where the sign will beinstalled. (i. Description of any existing signage that will remain on thesite. 7. ldentification of the type of sign(s)to be erected by the applicant. 8. Concept plan depicting the locations of proposed signage and existing remainingsignage. 1). Two copies of a plan drawn to scale depicting: a. Lot dimensions, building frontage, and existing rights-of-way and driveways. b. The design of each sign face and sign structure, including dimensions, total area, siSn height, depth, color scheme, structural details, materials, lighting scheme with briShtness and glare control details, dimming technology, and proposed location. (. Building elevations, existing and proposed facades, parapet walls, eaveline andthe location and size of all proposed and existinB permanentsignage. d. Current photographs showing existing signs on the premises and certifying the date on which photographs were taken. c. Copy of stress sheets and calculations, when deemed necessary by the City Manager or his designee, showing the structure is desi8ned for dead load and wind pressure in any direction in the amount required. 10. A permit fee, to be established by City Council as shown in the Book of Rates, shall be paid. It shall be unlawful for any person to erect, alter, change, relocate or remove within the city any sign without first making payment ofthe requisite permit fee. I l. Any such other information as the City Manager or his desi8nee shall require to show full compliance with the chapter and all other laws and ordinances ofthe City. ll. ln the instance that substantial repair or replacement becomes necessary U.e., repairs that costs more than 50% of the replacement cost of the damaged sign); the organization must apply for a new sign permit, and pay an additional permit fee. C. The City reserves the riSht to assess the brightness of any sign at any time. D. lt shall be the duty of the City Manager or his designee, upon the filing of an application as provided in this section, to review and inspect the plans and specifications and other data in question and the premises upon which it is proposed to erect the sign. lf it shall appear that the proposed structure is in compliance with all the requirements ofthis chapter and all other laws and ordinances ofthe city, he shallthen issue the permit applied for within 20 business days after receipt; provided, however, that in those cases where, in the opinion ofthe City Manager or his designee, the issuance of a permit for a sign, or the lighting or placing thereof, would materially damage adjacent property, or create a resulting nuisance, then such application shall be, by the City Manager or his designee, referred to City Council for a determination as to whether such permit should or should not under the existing circumstances be issued. !1. The City Manager or his designee may revoke any permit issued under this article upon failure of the holder thereof to comply with any provision of th is chapter. F. All rights and privileges acquired under any permit irsued under this article are mere licenses revocable at any time by the City Manager or his designee, for just cause, and all such permits shall contain this provision. page 6 (". H. lf the work authorized under a permit issued under this article has not been completed within six months after date of issue, such permit shall become null and void. Any person holding a permit revoked under section 66-37 may appeal such revocation to City Council for final disposition thereof, if, in such person's opinion, such revocation is unjustly imposed. Sec. 65-41. - Duty of electrical inspector with reference to application, for sign with eledrical wiring, etc. An application for a permit for the construction of a sign in which electrical wiring and connections are to be used shall be submitted to the electrical inspector or, in lieu thereof, such siBn shall bear the Underwriters' Laboratories, lnc., seal of approval or any other standard related to electrical equipment referenced in the Virginia Uniform Statewide Building Code. All work shall be completed in full compliance with the Virginia Uniform Statewide Building code. The electrical supply to all exterior signs, whether to the sign itself or to lighting fixtures positioned to illuminate the sign, shall be provided by means of concealed electrical cables. Electrical supply to freestanding signs shall be provided by means of underground cables. lf the work authorized under a permit issued under this article has not been completed within six months after date of issue, such permit shall become null and void. Any person holding a permit revoked under section 66-39 may appeal such revocation to City Council for final disposition thereof, if, in such person's opinion, such revocation is unjustly imposed. B, C, t). t.. Secs. 66-42-66-70. - Reserved. ARTICLE lll. - CONSTRUCTION; LOCATION DIVISION 1. - GENERALLY Sec. 66-71. - Sign Location. l. No sign shall be placed in such a position asto endanger pedestrians, bicyclists, or traffic on a street by obscuring the view or by interfering with official street signs or signals by virtue of position or color. To promote visibility for pedestrians and the operators of motor vehicles, a clear sight triangle shall be established at the intersecting right-of-ways of any two public streets. No sign may occupy a sight triangle. The legs ofthis sight triangle shall be 25 feet in length. They shall begin at the point of intersection of the two street right-of-ways, and shall extend 25 feet along each right-of-way line. The triangle shall be formed by connecting the endpoints of these two lines. No sign shall be located closer to the street right-of-way than ten feet. However, no permanently affixed sign shall be required to be set back from the street right-of-way a distance which is greater than the setback line observed by any building on an immediately adjoining lot along the same street frontage, provided such building does not exceed the setback building line established by law, and further provided that such setback would not place the sign within any visibility triangle. This regulation may not apply to signs that meet the requirements ofthe Handbook to Downtown Salem. Page 7 l.Signs and their supporting structures shall maintain clearance and noninterference with all surface and underground utility and communications lines orequipment. No siBn shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window or fire escape. No sign of any kind shall be attached to a standpipe or fire escape. Sec. 56-73. - Sign Materials & Construdion. Every sign shall be constructed of durable materials, usin8 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 siSn information is clearly legible. sec. 66-75, - Sign Area, A. The area of a sign shallmean the area of alllettering, wording, and accompanyingdesigns, logos, symbols, and color schemes. The area of a sign shall not include any supporting framework, bracing or trim which is incidental to the display, provided such frames or structural elements are clearly structural and are not principally meant to draw attention to the sign. L. Freestondingsigns.Forfreestandingsigns,signareashallincludethesumtotalofthesiEn's largest silhouette, including those areas where the silhouette is open but also enclosed by a portion of the sign surface or enclosed by any imaginary regular geometric shape that would encompass allthe letters, symbols, shapes, designs, decorations, or color schemes. 2. Skeleton signs. For skeleton si8ns conristing of individual letters and shapes attached to a building, canopy, awning, mansard roof or other structure, sign area shall be defined and computed as including the entire area within any imaBinary regular geometric figure which would enclose all ofthe letterinB, wording and accompanyinB shapes, designs or symbols. 3. Woll, other siqns. Forwall signs, mansard signs. attached signs, projecting signs, roof signs and other similar signs, sign area shall include the total area of the hun8, attached, mounted or affixed surface. signs may be double-sided. Sign Facel 1. only one (1) side shall be considered when determining the sign area, provided that the faces are equal in size, the interior angle formed by the faces is less than 45 degrees, and the two faces are not more than lSinches apart. 2. Where the faces are not equal in size, but the interior angle formed by the faces is less than 45 degrees and the two faces are not more than lSinches apart, the larger siSn face shall be used as the basis for calculating sign area. 3. When the interior angle formed by the faces is greater than 45 deBrees, or the faces are greater than 18 inches apart, all sides of such sign shall be considered in calculating the sign area. Signs that consist of, or have attached to them, one or more three-dimensional or irre8ularly- shaped objects, shall be determined by computing the entire area within a single, continuous 3 or 4 sided geometric form that encloses the limits of the objects; lf elements of a sign are movable or flexible, such as a flag or banner, the measurement is taken when the elements are fully extended and parallel to the plane ofview. The permitted maximum area for all signs is determined by the sign type and thezoning district in which the sign is located (see sec. 66-103). B, c. E, F, D, Page 8 G. Exclusions. Sign area shall not include frames or structural elements, provided such frames or structural elements are clearly structural and are not principally meant to draw attention to the sign. Further, sign area shall not include the opposite face of any double-faced sign, provided such faces are parallel or are at no more than a 45-degree anBle with the obverse face. Sec. 66-77. - Sign Height. A. Sign height shall be measured as the distance from the highest portion ofthe sign to the mean finrshed grade at the base of the sign. B. Clearance for freestanding and projecting signs shall be measured as the smallest vertical distance between finished grade and the lowest point of the sign, including any frameworkor other structural elements. C. The permitted maximum height for all signs is determined by the sign type and the zoning district in which the sign is located (see Sec. 66-105). Sec. 55-79 - Sign Spacing: The spacinS between sign structures shall be measured as a straight-line distance between the closest edges of each sign. Sec. 56-81 - Electronic Conversion. A. Conversion of a permitted non-electronic sign to an electronic sign requires the issuance ofa permit pursuant to sec. 66-39. See Sec. 56-105, Permitted Signs for Electronic Signs. B. The addition of any electronic display to a nonconforming sign is prohibited. C. No existing grandfathered off-premise sign shall be converted to an electronic sign, billboard, or multi-vision board. Sec. 66-83. - Glare Control Glare control shall be achieved primarily through the use of such means as dimming technology, cutoff fixtures, shlelds, and baffles, and appropriate application of fixture mounting height, watta8e, aiming angle, and fixture placement. Vegetation screens shall not be employed to serve as the primary means for controlling glare. Sec. 66-85, - Brithtness. A. The light from any illuminated, including electronic, sign shall be so shaded, shielded or directed that the light intensity or brightness will not be objectionable to surrounding areas or to operators of motor vehicles on public thoroughfares. ll. During daylight hours between sunrise and sunset, luminance shall be no greater than four thousand (4,000) nits. C. At all other times, luminance shall be no greater than two hundred fifty (250) nits. D. Each electronic sign shallhave a light sensing device that will automatica lly adjust the brightness of the display as the natural ambient light conditions change to comply with the limits set here within. Secs. 65-85-56-100. - Reseryed. ARTICI.E IV. - PERMITTED SIGNS BY USE AND OISTR!CT Sec. 65-101, - General requirements. Page 9 Signs shall be permitted which are in accordance with (i) the provisions of this chapter; (ii) the sign regulations of this article which pertain to the district in which such sign is located; and (iii) all other applicable provisions, including the building code and all amendments thereto. ln the event of any conflict among these regulations, the more restrictive regulations shall apply. Sec. 66-103. - Total Allowable Signage for All Signs A. Districts: The following table depicts the total allowable area of signs per district. The districts are as follows: B. For purposes of this section, "principal street frontage" shall be based upon the street toward which the building faces. Where a building faces more than one street or does not clearly face any street, principal street frontage shall be that frontage along the street which provides major access to the business or the frontage to which the main entrance faces. Abbreviation Description Abbreviation Description AG Agricultu re District CUD College and Universitv District RSF Residential Single Familv District DBD Downtown Business District coL Cluster Overlay District CBD Community Business District RMF Residential Multi-Family District HBD Hiehwav Business District RB Resid entia I Business District BCD Business Commerce District PUD Planned Unit District LM Light Manufacturing District MHP Manufactured Home Park District HM Heavy Manufacturing District TBD Tra nsitional Business District AG RSF & COL RMF, RB, & PUD MHP Total Area Maximum of 24 sq ua re feet Total Area Maximum of 48 sq uare feet Total Area Maximum of 78 square feet. Limit of one sign per business. Total Area Maximum of 17 sq u are feet TBD, DBD*, CUD, CBD, HBD, BCD, tM & HM For lots or parcels with a combined width of 33 feet or less along their principal street frontage. For lots or parcels with a combined width of more than 33 feet along their principal street frontage. For lots or parcels that front on more than one street. Total Area Maximum of 50 sq uare feet Total Area Maximum shall not exceed 1.5 square feet for each linear foot of street frontage or building frontage, whichever is greater. *See Sec. 10G105 (C) Additionol Stondords Total Additional Area Maximum shall not exceed l square foot per 1 linear foot of secondary frontage. Total Area Maximums cannot be combined. The total sign area facing or oriented toward any one frontage shall not exceed the total area maximum allowed for that frontage. Page 10 Awning Sign: All awning frames and supports shall be of metal. All awnings shall be constructed and erected so that the lowest portion thereof shall be not less than eight feet above the level of the sidewalk or established street grade. AG, RSF, RMF, MHP, COL RB, CUD, TBD, DBD*, CBD, HBD, BCD, LM, HM, PUD Not Allowed 12 Square Feet *See Sec. 106-105 (C) AdditionolStondords Sec. 66-105. - Permitted Signs. A. Permitted Signs by Type. Drone Not Allowed in any district Canopy Sign: All canopy frames and supports shall be of metal. All canopies shall be constructed and erected so that the lowest portion thereof shall be not less than eight feet above the level of the sidewalk or established street grade.. AG, RSF, RMF, MHP, COL RB, CUD, TBD, DBD*, CBD, HBD, BCD, LM, HM, PUD Not Allowed 12 Square Feet *See Sec. 106-105 (C) Additionol Stondords Electronic Sign: No more than one electronic sign shal! be allowed per business. All electronic signs shall be freestanding. All electronic signs must utilize a header cabinet. All electronic signs shall be required to hold a static image for a minimum duration of eight seconds. Faster rates are prohibited. Transition times shall be no more than one second facing the same travelled way. All electronic signs shall have an automatic light adjustment feature to regulate brightness. Any electronic sign shall be oriented away from residential properties so as to avoid light trespass. Video, flashing, strobe effects, "storybook" advertising, consecutive messages, or similar effects are prohibited. Electronic signs may not be used as off-premises, temporary, or portable signs. Electronic signs displaying the current time or date shall be kept accurate. lf this requirement is not complied with, the sign in question shal! be promptly repaired or removed. AG, RSF, RMF, MHP, RB, DBD, TBD, COL, PUD, CBD CUD HBD, BCD, LM, HM Not Allowed Freestandingonly. Maximum height of 8 feet. Maximum total area of 24 square feet. Must be placed a minimum of 150 feet from any residential district. Freestanding only. For lots or parcels with less than 75 feet along their principal street frontage maximum of 24 square feet. For all others maximum of 60 square feet. Page 11 Freestanding sag All letters, figures, characters or representations in cutout or irregular form maintained in conjunction with, attached to or superimposed upon any freestanding sign shall be safely and securely built or attached to the sign structure and shall comply with all requirements in section 66-7L. No freestanding sign shall be nearer than two feet to any other sign, building or structure, except those freestanding signs parallel to and adjacent to a wall or structure. For Monument or Ground Signs see Monument Section below. AG RSF & COL RMF, RB, PUD MHP CUD, CBD, HBD, BCD, LM, HM TBD, DBD* Maximum total area of 24 square feet not to exceed 8 feet in heieht. One sign allowed for religious, charitable, institutional, recreational and other public and semipublic uses: Maximum total area of 24 square feet not to exceed 8 feet in height. May have 2nd sign on secondary street frontage if 100 feet from 1st sign and both signs are not visible from same point along same street. One sign allowed. Maximum Area 24 square feet not to exceed 10 feet in heieht. One allowed, maximum of 15 square feet and shall not exceed 15 feet in heieht. For commercial or industrial uses one freestanding sign placed 100 feet apart and not visible from the same point along the same street. Additional frontage may have additional signage. lf frontage is less than 75' sign shall not exceed 24 sq. ft. Frontage 75 to less than 150 feet sign shall not exceed 100 sq. ft. Frontage 150 feet or greater sign shall not exceed 150 sq. ft. May contain more than one sign not to exceed the max. allowable size. No sign shall exceed 25 feet in heieht. Maximum Area of 24 square feet and shall not exceed 15 feet in height. *See Sec. 106-10s (c) Additionol Standords Location Sign: AG, RSF, RMF, MHP, COL, RB, PUD TBD, DBD*, CUD, CBD, HBD, BCD, LM, HM Not Allowed Location signs up to 24 square feet in total sign area, provided such sign may be erected only for a business which does not have frontage on an urban primary arterial, urban minor arterial or urban collector as designated by the state department of transportation, provided such sign shall not exceed 25 feet in height, and provided such sign is at least 400 feet from any other sign which refers to the same establishment or premises and 100 feet from any other freestanding sign on the same property. *See Sec. 706-705 (C) Additional Stondords Page 72 Manual Chaneeable Permitted only when integrated into a freestanding, marquee, wall, or portablesign. All manual changeable copy signs must utilize header space except portable signs. Marquee Sign, Such signs shall be located only above the principal public entrance of a building facing a public street or parking lot. No marquee shall be wider than the entrance it serves, plus two (2) feet on each side there-of. Sign Height. No portion of a marquee sign shall extend vertically above the eaveline. The lowest edge of the marquee sign shall be at least eight (8) feet above the finished grade. AG, RSF, RMF, MHP, RB, CUD, COL, PUD, CBD, LM, HM HBD, BCD TBD, DBD* Not Allowed Per sign face: Frontage less than 75 feet sign shall not exceed 24 square feet. Frontage 75 feet to less than 150 feet sign shall not exceed 1.00 square feet. Frontage 150 feet or greater sign shall not exceed 150 square feet. Sign may contain more than one sign not to exceed the maximum allowable size. No sign shall exceed 25 feet in heieht. Maximum Area of 24 square feet per sign face. *See Sec. 706- 10s (c) Additionol Standords Mechanical Movement & Revolving Sign: Mechanical Movement & Revolving signs may not be used as off-premises, tempotarv, or portable srgns AG, RSF, RMF, MHP, CUD, LM, HM, COL, PUD RB, TBD, DBD*, CBD, HBD, BCD Not Allowed Barber Pole style only, maximum 6 Square Feet *See Sec. 106-105 (C) Additionol Standords Menu Sign: AG, RSF, RMF, MHP, RB CBD, HBD TBD, DBD, CUD, BCD, LM, HM, COL, PUD Not Allowed 2 up to 36 Square Feet each and 75'from a residential district Not Allowed Page 13 Monument Sign: Shall be supported and permanently placed by embedding, anchoring, or connecting the sign in such a manner as to incorporate it into the landscape or architectural design scheme. So long as the supporting structure does not contain any messaging or is a continuation of the color scheme of the sign it will not be counted as part of the sign area. All letters, figures, characters or representations in cutout or irregular form maintained in conjunction with, attached to or superimposed upon any monument sign shal! be safely and securely built or attached to the sign structure and shall comply with al! requirements in section 55-73. No monument sign shall be nearer than two feet to any other sign, building or structure, except those signs parallel to and adjacent to a wall or structure. The maximum height shall be eight feet (8')from the ground, the maximum length shall be fifteen feet (15'), and the maximum thickness shal! be three feet (3'). The maximum sign face area shall cover no more than 75% of the sign. AG RSF & COL RMF, RB, PUD, MHP cuD, cBD, HBD, BCD, LM, HM TBD, DBD* Maximum total area of 24 square feet not to exceed 4 feet in heieht. One allowed for religious, charitable, institutional, recreational and other public and semipublic uses: Maximum total area of 24 square feet not to exceed 4 feet in height. May have 2nd sign on secondary street frontage if 100 feet from lst sign and both signs are not visible from same point along same street. Maximum total area of 24 square feet not to exceed 5 feet in height. One monument sign placed 100 feet apart and not visible from the same point along the same street. Sign may contain more than one sign not to exceed the maximum allowable size. Maximum total area of 120 square feet. No sign shall exceed 8 feet in heieht. Maximum total area of 24 square feet not to exceed 4 feet in height. May have 2nd sign on secondary street frontage if 100 feet from Lst sign and both signs are not visible from same point along same street. *See Sec. 106-105 (C) Additionol Stondards Multi-tenant Sisn: AG RSF & COL RMF, MHP, PUD CUD, CBD, HBD, BCD, LM, HM RB, TBD, DBD* Not Allowed Maximum of 150 square feet based on building frontage. For commercial or industrial uses one freestanding sign placed 100 feet apart and not visible from the same point along the same street. Sign may contain more than one sign not to exceed the maximum allowable size. No sign shall exceed 25 feet in heieht. Allowed as WallSigns only. Maximum of 12 square feet. Sign may contain more than one sign not to exceed the maximum allowable size. *See Sec. 106-105 (C) Additional Stondards Page 14 MuralSign: AG, RSF, RMF, MHP, RB, CUD, CBD, HBD, BCD, COL, PUD TBD, DBD*, LM, HM Not Allowed Any mural sign shall comply with the regulations of wall signs. *See Sec. 106-705 (C) Additionol Stondords Off-Premise Not Allowed in any district Roof Not Allowed in anv district Portable Sign, A-Frame or Sandwich Board Sign, Pedestal Sign: Cannot be electronic nor have mechanical movement AG, RSF, RMF, MHP, RB, COL, PUD CUD, TBD, DBD*, CBD, HBD, BCD, LM, HM Not Allowed Maximum Area of 12 square feet. Shall comply with the regulations of temporary signs. *See Sec. 106-105 (C) Additionol Stondords Projecting Sign: Shall project no more than 4 feet from the face of the building and no closer than 4 feet from the curbline of a public street. Lowest edge shall be at least 8 feet about the finished grade. AG, RSF, RMF, MHP, RB, CUD, CBD, HBD, BCD, LM, HM, COL, PUD TBD, DBD* Not Allowed *See Sec. 106-705 (C) Additionol Stondords Not Allowed in any district Page 15 Streetclock: This section shall not apply to signs which display lighted messages and animation, such as those which display time, temperature and other information, No person shall erect more than one street clock for any place of business at any one location. Street clocks, including the frames, braces and supports thereof, shall be constructed of incombustible material. The dial of a street clock shall be not less than 30 inches nor more than 40 inches in diameter. Any glass forming a part of a street clock or the sign thereon shall be safety glass or plate glass at least one-quarter inch thick, and in case any single piece or pane of glass has an area exceeding three square feet, it shall be constructed of wired glass, securely held in place. Any movable part of a street clock, such as the cover or service opening, shall be securely fastened by metal hinges. Street clocks supported on the corner of any building or structure atthe intersection of two streets, orwithin six feet ofthe corner, shall not be lessthan 12 feet nor more than 20 feet above the sidewalk and shall not project from the face or wall of the building or structure in any direction more than six feet. All clocks erected on the exterior of any building or structure shall comply with the requirements set forth in this article, regulating the sign type, in all respects, whichever applies. Each street clock shall keep accurate time and, if this uirement is not complied with, the street clock in AG, RSF, RMF, MHP, RB, CBD, HBD, BCD, LM, HM, COL, PUD I TBD, DBD* & CUD See corresponding sign types for regulations. iSee Sec. 106-105 rc) Additionol Stondords Temporary Signs, Balloons, Balloon Sign, Banner, Flag, lnflatable Sign, Pennants, Streamers: No temporary sign shall exceed 24 square feet in area. Every temporary sign shall be attached with adequate supports in accordance with good engineering practice. The advertisement contained on any temporary sign shall pertain only to the business, industry or pursuit conducted on or within the premises on which such sign is erected or maintained. A string of pennants or row of streamers shall be considered one sign. Up to four temporary signs may be displayed for a grand opening event with the prior approval of the City Manager or his designee, and may not require a permit. Temporary signs for a grand opening event may be displayed two (2) weeks prior to the event and shall be removed within two (2) weeks after the event. AG, RSF, RMF, MHP, COL, PUD TBD, DBD+RB, CUD, CBD, HBD, BCD, LM, HM Not Allowed One sign per parcel no more than 30 consecutive days during a 3-month period. 30 days begins the day the permit is issued. Must be removed within 5 days of permit expiration. *See Sec. 7O6-705 (C) Additionol Stondards One sign per parcel no more than 30 consecutive days during a 3-month period. 30 days begins the day the permit is issued. Must be removed within 5 days of permit expiration. Page 16 Not Allowed Wall Sign, Gas Station Canopy Sign, Mansard S No wall sign, skeleton sign or mansard sign shall cover wholly or partially any opening nor project beyond the ends of the structure to which it is attached. No wall sign or skeleton sign shall project above the wall to which it is attached. No mansard sign or skeleton sign shall project above the ridge line of the immediate mansard roof plane to which it is attached. No wall sign, skeleton sign or mansard sign shall extend more than 18 inches beyond the building line and shall not be attached to a structure at a height of lessthan nine feet above the sidewalk or ground. AG RSF, COL RMF, RB, PUD MHP TBD, DBD* CUD, CBD, HBD, BCD, LM, HM Maximum 24 Square Feet Religious, Charitable, lnstitutional, recreational, and other public/semipublic uses up to 24 Square Feet One per business. Maximum of 6 Square Feet per frontage. Religious, Charitable, lnstitutional, recreational, and other public/semipublic uses up to 24 Square Feet Maximum 15 Square Feet For commercial or industrial uses one sign allowed. Additional frontage may have additional signage. lf frontage is less than 75'sign shall not exceed 24 square feet. Frontage 75 to less than 150 feet sign shall not exceed 100 square feet. Frontage 150 feet or greater sign shall not exceed 150 square feet. Sign may contain more than one sign not to exceed the maximum allowable size. *See Sec. 106-705 (C) Additionol Stondords For commercial or industrial uses one sign allowed. Additional frontage may have additional signage. lf frontage is less than 75'sign shall not exceed 24 square feet. Frontage 75 to less than 150 feet sign shall not exceed 100 square feet. Frontage 150 feet or greater sign shall not exceed 150 square feet. Sign may contain more than one sign not to exceed the maximum allowable size. Window Sign: AG, RSF, RMF, MHP, COL, PUD RB, CUD, TBD, DBD, CBD, HBD, BCD, LM,HM Not Allowed Area: A maximum of 25% of each window area of any single building frontage may be used for signs. These signs shall be non-illuminated nor electronic. Page 17 Vehicular Sign: Not Allowed in any district except as prescribed in subsection 66-11. Page 18 B. Permitted lllumination: tllrrnination typer There shall be no light trespass into any residential district. AG, RSF, RMF, MHP, coL PUD, RB, CUD TBD & DBD CBD, HBD, BCD, LM, HM No lllumination External lllumination only External, Halo, or Neon lllumination only lnternal, External, or Halo lllumination only. C. AdditionalStandards: Signs located in the Downtown Business Districts may have additional standards and/or differing regulations as set forth in the Handbook to Downtown Salem. D. Signs located along the Roanoke Valley Greenway system: 1. Signs shall observe an appropriate clear zone from the trail. 2. Signs shall not be illuminated. 3. Signs shall have a maximum area of 2 square feet. Sec. 66-107. - Prohibited sitns. A. No sign shall have flashinB, 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: l. 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. i|. 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 subsection 66-105 (Portable Signs). 5. Vehicular signs except as provided in subsection 66-11.(i. Balloons, streamers, inflatables, pennant strings flags (except as allowed in Section 66-11), pinwheels, and like displays, except as provided in section 56-105 (Temporary Signs). 7. No off-premise sign shall be located within the corporate limits of the city. tl. 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. ll. Signs which preventfree ingress or egress from any door, window, fire escape, orthat prevent free access from one part ofa roofto anyother part. No sign otherthan 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. l il. Reflective signs or signs containing mirrors. 1,1. Vehicular interactive signs. 15. Signs incorporating beacon Iighting. 16. Any banner or sign of any type suspended across a public street, without the permission of the owner ofthe property and the City ofSalem. 17. Roofsigns. 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, orfederalgovernment. 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 of Salem ZoningOrdinance. 21. Signs that exhibit statements, words, or pictures of obscene or pornographic subjects. ,2. Any sign that promotes illega I activity. Secs. 66-108-65-149. - Reserved. ARTICIE V. - Definitions Sec. 66-151, - Detinitions. A. The following words, terms and phrases, when used in this chapter, shallhave 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 activityfor a period ofat least 180 days, in the case ofoff-premises signs, or at least 360 days in the case of on-premises signs. Address Sign: A sign that designates the street number and/or street name for identification purposes, as designated bythe City ofSalem. (Also known as: nameplatesign) Awning: A cloth, plastic, or other nonstructural covering that projects from a wall for the purpose of shieldinB a doorway or window. An awning is either permanently attached to a building or can be raised or retracted to a position against the building when not in use. Awning Sign: Any sign painted on, or applied to, an awning. Balloon Sign: A lighter-than-air, gas-filled balloon, tethered in a fixed location, which contains an advenisement message on its surface or attached to the balloon in anymanner. Banner: Any cloth, bunting, plastic, paper, or similar non-rigid material attached to any structure, staff, pole, rope, wire, or framing which is anchored on two or more edges or at all four corners. Banners are temporary in nature and do not includeflags. BuildinS trontaSe: The maximum linear width of a building measured in a single straight line parallel, or essentially parallel, with the abuttinC public street or parkinglot. Canopy: A structure other than an awning made offabric, metal, or other material that is supported by columns or posts affixed to the ground and may also be connected to abuilding. Canopy Sign: Any sign that is part of, or attached to acanopy. Clearance: The distance above the walkway, or other surface if specified, to the bottom edge of asign. This term can also refer to a horizontal distance between twoobjects. Oronei An unmanned aircraft or ship, weighing less than 55 pounds, that can navigate autonomously, with or without human control or beyond line of sight. Drone Sitn: Any sign that is part of or attached to a drone. Eledronic Sign: An electrically activated changeable sign whose variable content capability can be electronically programmed or controlled. Flag: Any sign printed or painted on cloth, plastic, canvas, or other like materialwith distinctive colors, patterns, or symbols attached to a pole or staff and anchored along only one edge or supported or anchored at only two corners. Freestanding Sign: A sign supported by structures or supports that are placed on, or anchored in, the ground; and that is independent and detached from any building or other structure. The following are subtypes of freestanding signs: Monumert SiSn: A free-standing sign, generally having a low profile where the base ofthe sign structure is on the ground or a maximum of twelve inches (12") above the lowest point of the ground adjacent to the sign such that the sign has the appearance of a solid base. (Also known as Grcund signl Pole SiSn: A freestanding sign that is permanently supported in a fixed location by a structure of one or more poles, posts, uprights, or braces from the ground and not supported by a building or a base structure. Gas Station Canopy: A freestanding, open-air structure constructed for the purpose of shielding service station islands from the elements. Gas Station Canopy Sign: Any sign that is part of, or attached to, the vertical sides of the gas station canopy roof structure. For the purposes of this ordinance, gas station canopy signs shall be considered wallsigns. GhostSign: an old hand-painted advertisinq sign that has been preserved on a building for an extended period of time. The sign may be kept for its nostalgic appeal, or simply indifference bythe owner. May be approved by Planning Commission as a [andmark Sign. Government/Regulatory Sign: Any sign for the control of traffic or for identification purposes, street si8ns, warning signs, railroad crossing signs, and signs of public service companies indicating danger or construction, which are erected by or at the order of a public officer, employee or agent thereof, in the discharge of official duties. Historic Distrid: A district or zone designated by a local, state, or federal government, wjthin which buildings, structures, and/or appurtenances are deemed important because of their association with history, or because oftheir unique architectural style andscale. Holiday Decorations: Signs or displays including lighting which are a non-permanent installation celebrating national, state, and local holidays, religious or cultural holidays, or other holiday seasons. (Also known as seoso noldecorotions) lllumination: A source of any artificial or reflected light, either directly from a source of light incorporated in, or indirectly from an artificialsource. External lllumination: Artificial Iight, located awayfrom thesiBn, which lightsthe sign,the source of which may or may not be visible to persons viewing the sign from any street, sidewalk, or adjacent property. lnternal lllumination: A light source that is concealed or contained within the sign and becomes visible in darkness through a translucent surface. Message center signs, digital displays, and signs incorporating neon lighting shall not be considered internal illumination for the purposes ofthis ordinance. Halo lllumination: A sign using a 3-dimensional message, logo, etc., which is lit in such away as to produce a halo effect. (Also known as bockJitillumindtionl Neon lllumination: A sign using a neon tube, or other visible light-emanating gas tube, that can bend to form letters, symbols, or othergraphics. llluminated Sign: A siSn with electrical equipment installed for illumination, either internally illuminated through its sign face by a liSht source contained inside the sign, externally illuminated by a light source aimed at its surface, or contains luminous tubes as part of the sign proper. ln.idental SiSn: A sign that displays general site information, instructions, directives, or restrictions that are primarily oriented to pedestrians and motor vehicle operators who have entered a property from a public street. These signs shall not contain any commercialadvertising. lncidental Window Sign: Signs displayed in the window displaying information such as the business' hours of operation, credit institutions accepted, commercial and civic affiliations, and similar information. These signs shall be informational only and shall not contain a commercial message. lnflatable Sign: A sign that is an air,inflated object, which may be of various shapes, made of flexible fabric, resting on the ground or structure and equipped with a portable blower motor that provides a flow of air into the device. lnteractive sign: An electronic or animated sign that reacts to a person's behavior or electronic signals of motor vehicle drivers. LiSht Trespass: Light emitted by a lightin8 installation, which extends beyond the boundaries of the property on which the installation is sited. Location Sign: A si8n which directs attention to the approximate location of an establishment from which the advertised product or service may be obtained. Luminance: An objective measurement ofthe brightness of illumination, including illumination emitted by an electronic si8n. Mansard sign: Any sign attached to a mansard roof. Manual Changeable Copy Sign: A sign or portion thereof on which the copy or symbols are changed manually through placement or drawing of letters or symbols on a signface. Marquee: A permanent structure, other than a roof or canopy, attached to, supported by, and projecting from a building and providing protection from the elements. Marquee Sign: Any sign attached to a marquee for the purpose of identifying a ure or product. lf attached to a theater, performing arts center, cinema, or other similar use, it may also advertise films or productions. Mechanical Movement Sitn: A sign having parts that physically move rather than merely appear to move as might be found in a digital display. The physical movement may be activated electronically or by another means, but shall not include wind-activated movement such as used for banners orflags. Mechanical movement signs do not include digital signs that have changeable, programmable displays. Memorial Signi A memorial plaque or tablet, including grave markers or other remembrances of persons or events, which is not used for a commercial message. Menu SiSn: A permanent sign for displaying the bill of fare available at a restaurant, or other use serving food, or beverages. Portable A-frame style signs shall be considered portable sjgns and not menu signs. Minor Sign: A non-illuminated, non-electronic, non-commercial sign not exceeding twenty-four (24) square foot in area. Multi-Tenant Sign: A freestanding or wall sign used to advertise businesses that occupy a shopping center or complex with multiple tenants. Multi-Vision Board: An outdoor unit with a slatted face that allows many different copy messages to revolve at intermittent intervals. Mural: A large picture/image (including but not limited to painted art) which is painted, constructed, or affixed directly onto a vertical building wall, which may or may not contain text, logos, and/ or symbols. Mural Sign: Any sign painted on, or applied to, a mural. Nit: A photometric unit of measurement referring to brightness. One nit is equal to one cd/m 2. Nonconforming Sign: A sign that was legally erected and maintained at the effective date of this Ordinance, or amendment thereto, that does not currently comply with sign regulations of the district in which it is located. OfficialTraffic Sign: Official highway route number signs, street name signs, d*€€*kF€,l+i€n5 and other traffic signs erected and maintained on public highways and roads in the interest of public safety or for the regulation of traffic. Off-Premise Sign: An outdoor sign whose message directs attention to a specific business, product, service, or other commercial activity not contained on the premises upon which the sign js located or is attached to a mode of transportation, including pedestrians. (Also known as a thitd-potty siqn, billbootd, outdoor odvertising, generol odvertising sign, promobikes, troiler sign, ond mobile billbootd, For regulotions for decol spqce ond wrop odvertising on vehicles see subsection 66-11.1 On-Premises Sign: A sign whose message and design relate to an individual business, profession, p.oduct, service, event, point of view, or other commercial or non-commercial ac vity sold, offered, or conducted on the same property where the sign is located. Pennant: a triangular or irregular piece of fabric or other material, commonly attached in strings or strands, or supported on small poles intended to flap in thewind. Permanent Sign: A sign attached or affixed to a building, window, or structure, or to the ground in a manner that enables the sign to resist environmental loads, such as wind, and that precludes ready removalor movement ofthe sign and whose intended use appearsto beindefinite. Personal Expression Sign: An on-premises sign that expresses an opinion, interest, position, or other non-commercial message. Ponable Sign: A slSn designed to be transported or moved and not permanently attached to the ground, a building, or otherstructure, notto include temporary signs. Sandwich goard Sign: A type of freestandin& portable, temporary sign consisting of two faces connected and hinged at the top and whose message is targeted to pedestrians (Also known as A-frome sign) Private Drive Sign: A sign indicating a street or drive which is not publicly owned and maintained and used only for access by the occupants of the development and theirguests_ Projecting Sign: A building-mounted, double-sided sign with the two faces generally perpendicular to the building wall, not to include signs located on a canopy, awning, or marquee. (Also known as b/od€ sign) Public Art: ltems expressing creative skill or imagination in a visual form, such as painting or sculpture, which are intended to beautify or provide aesthetic influences to public areas or areas which are visible from the public realm. Public Sign: A sign erected or required bygovernment agencies or utilities, includingtraffic, utility, safety, rallroad crossing, and identification signs for publicfacilities. Reflective SiSn: A sign containing any material or device which has the effect of intensifying reflected lisht. Revolving Sign: A sign which revolves in a circular motion; rather than remaining stationary on its supporting structure. Roof SiSn: A building-mounted sign erected upon, against, or over the roof of a building, other than a mansard sign. Scoreboard: A sign contained within an athletic venue and intended solely to provide information to the attendees of an athletic event. Security Sign: An on-premises sign regulating the use of the premises, such as a "no trespassing," "no hunting," or "no soliciting" sign. (Also known as waming signl Sign: Any object, device, display, or structure, or part thereof, visible from a public place, a public right- of-way, any parking area or riBht-of-way open to use by the general public, which is designed and used to attract attention to an institution, organization, business, product, service, event, or location, and shall include any announcement, declaration, demonstration display, illustration or insignia used to advertise or promote the interests of any person when the sign is placed out-of-doors in view of the general public, by any means involving words, letters, figures, designs, symbols, fixtures, logos, colors, illumination, or projected images. The term does not include public art, architectural elements incorporated into the style or function of a building, or flags of any nation, state, or other geopolitical entity not related to a commercial business, product or service. The term "sign" also does not include the display of merchandise for sale on the site ofthe display. Sign includes the sign faces as well as any sign supportinBstructure. Sign Area: The total dimensions of a sign surface used to display information, messages, advertising, logos, or symbols. See Sec. 66-75 for standards for measuring sign arca. Exclusions. Sign area shall not include frames or structural elements, provided such frames or structural elements are clearly structural and are not principally meant to draw attention to the sign. Further, sign area shall not include the opposite face of any double-faced sign, provided such faces are parallel or are at no more than a 45- degree angle with the obverse face. Sign Face: The part of the sign that is or can be used for the sign area. The sign area could be smaller than the sign face. Sign Height: The vertical dimension of a sign as measured using the standards in Sec. 66-77. Sign Supporting Structure: poles, posts, walls, frames, b.ackets, or other supports holding a sign in place. Snipe Sign: A sign tacked, nailed, posted, pasted, glued, or otherwise attached to trees, poles, stakes, fences, public benches, streetlights, or other objects, or placed on any public property or in the public right-of-way or on any private property without the permission of the property owner. (Also known as bondit signJ Streamers: A display made of lightweight, flexible materials, consisting of long, narrow, wavy strips hung individually or in a series, with or without a logo or advertising message printed or painted on them and typically designed to move in the wind. Street clock: Any timepiece erected on the exterior of any building or structure and extending more than 18 inches overthe street right-of-way and primarily forthe convenience ofthe public, and shall be substantially a clock and not for advertising matter. Street Frontage: The side or sides of a lot abutting on a public street orright-of-way. Structural trim: means the molding, battens, capping, nailing strips, latticing, aprons and platforms which are attached to the sign structure. Temporary Sign: A sign constructed ofcloth, canvas, vinyl, plywood, fabric, or other lightweight material not well suited to provide a durable substrate or, if made of some other material, is neither permanently installed in the ground nor permanently affixed to a building or structure which is permanently installed in the ground. A temporary sign can be displayed for no more than 30 consecutive days at one time. However, "temporary sign" shall not include any sign displaying price information for gasoline, diesel fuel or other products sold on the premises, nor shall it include portable signs. Vehicular sign: Any sign attached to or displayed on a vehicle. Any such vehicle shall, without limitation, be considered to be used for the primary purpose of advertising if it fails to display current license plates, up to date inspection sticker, if the vehicle is inoperable, if evidence of paid-to-date personal property taxes cannot be made available, if the sign alters the standard design of such vehicle, or if the vehicle is parked within twenty (20) feet of the right,of-way. (Also known as: wrap advertising.) tot promobikes, mobile billbootds trdiler signs ond vehicle decol spdce, see oll-premise signs. Wall Sign: A building-mounted sign which is either attached to, displayed on, or painted on an exterior wall in a manner parallel with the wall surface. A sign installed on a false or mansard roof is also considered a wall sign. (Also known as:foscio sign, porollel woll sign, or bondsignl Channel Letter Sitn: A sign consisting of fabricated or formed three-dimensional letters, individually applied to a wall, which may accommodate a lightsource. Skeleton sign: means individual letters, symbols, logos and other designs mounted on a parapet wall, building or other structure. Window SiSn: Any siSn that is applied, painted, or affixed to a window, or placed inside a window, within three (3) feet ofthe glass, facing the outside ofthe building, and easily seen from the outside. customary displays of merchandise or objects and material without lettering behind a store window are not considered signs. lncidentol Window Signs shall not be considered a window sign. B. Sign Type Examples: LDowntown Scenario 3-E cT r orl .s (6N fiEF'TA.'J:TIT'gt6At tvlrJt-'.r/ TEMA& f sleN 4€:A .lb,rclD€NTAI -rraiS srec Po<tAa-sstCt alM erur8rn 'ualeS Jo Alrl Ilunol Jo lrall ll /orialerlel'l saueI :IS]ITV loAew IE :e^rpaJll :pessed - la1o3 qd;opueg uo.rlg - sauorc u.rErllrM - uosur{o[ 'M euer - ulueN 'v saurer - uros .ll I sauref :s/v\olloj se pools auies aql'alon Aeu e pue aAe ue.ro1 1;et e uodl S .\ 9 tS rno<ttt,. orJeuals letsJauiutol leJauag.6 rw*-bD- DATE l-a3-lr1 IN THE COLINCIL OF THE CITY OF SALEM, VIRGINIA, JANUARY 23,2017: RESOLUTION I3O9 A RESOLUTION urging the General Assembly and Govemor to reaffirm their commitment to expansion of high speed quality intemet service to all regions of the Commonwealth of Virginia to ensure a stronger and more stable economy and quality of life by opposing HB 2108 or any other effort to undermine the creation, development, and expansion of regional or municipal broadband authorities created under the Virginia Wireless Services Act or other sections ofthe Code of Virginia. WHEREAS, the City of Salem, in partnership with Botetourt County, Roanoke City and Roanoke County, created the Roanoke Valley Broadband Authority (RVBA) as a critical tool in encouraging high value and sustainable economic development across the Roanoke Valley; WHEREAS, the mission of RVBA is to improve high-speed intemet services thoughout Roanoke Valley and create collaboration and competition among institutions, govemment facilities, and businesses in an around the region; WHEREAS, the availability of high-speed, affordable intemet services is an essential component of the technical infrastructure to attract, retain, and expand economic opportunities for localities in Roanoke Valley and thoughout the Commonwealth; WHEREAS, the City of Salem, our partner localities, business leaders, and legislative delegation have collaborated on several opportunities to compete and attract significant economic development opportunities within the Roanoke Valley from around the United States and the world and the successes are attributable, in part, on the available of intemet services that RVBA will provide; WHEREAS, the quality of life within the City of Salem and our region, Virginia's Blue Ridge, is enhanced with the presence of 21st century industries and institutions that rely upon quality intemet services; WHEREAS, the vitality of the City of Salem and our region, Virginia's Blue Ridge, depends upon providing employment opportunities for our children and their families; WHEREAS, the opportunities and investments that RVBA offers to the City of Salem and our region are threatened by legislation that seeks to create unnecessary regulatory barriers to the growth ofregional broadband authorities; WHEREAS, legislation such as HB 2108, if enacted, will create de facto private monopolies that lack the incentive to expand high-speed quality and affordable intemet services to all areas of our region, will once again provide them with no price competitiveness, and hamper the ability of our region to compete with localities throughout the country; WHEREAS, legislation such as HB 2108, if enacted, will hinder development opportunities and successes experienced by the City of Salem and our region, Virginia'i Blue Ridge, and place the City of Salem and its regional partners at a significant competitive disadvantage to other localities around the United States; and WHEREAS, it is imperative that the Council of the City of Salem, Virginia send a strong and unequivocal message to the General Assembly and the Governor that legislation such as HB 2108 be defeated. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Salem, Virginia that; l. City Council acknowledges and reaffirms its unqualified support for the mission of RVBA and the opportunities that a fully developed regional broadband authority will provide the City and our region and opposes enactment of HB 2108 or any other legislative initiative to impose regulatory barriers that will impede the creation, development, expansion, or sustainability of RVBA or other regional broadband authorities. 2. City Council urges the General Assembly and the Governor to oppose enactment of HB 2108, as presently drafted or as may be amended, and reaffirm their commitment, encouragement, and support to all localities in developing cooperative regional opportunities for economic growth, job creation, and enhancement of the quality of life for all Virginians. 3. City Council directs the City Clerk to provided attested copies of this Resolution to The Honorable Paul Ryan, Speaker of the United States House of Representatives, The Honorable Bob Goodlatte, Chairman of the House Judiciary Committee, The Honorable Mitch McConnell, Senate Majority Leader of the United States Senate, The Honorable Mark Warner, United States Senator, and The Honorable Tim Kaine, United States Senator. 4. This resolution shall take effect immediately upon its adoption. Upon a call for an aye and a nay vote, the same stood as follows: James L. Chisom - James A. Martin- Jane W. Johnson - William D. Jones - Byron Randolph Foley - ATTEST: James E. Taliaferro, II Clerk of Council City of Salem, Virginia TEM#.bE- oATE l-a3-t1 OF SALEM,AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY VIRGINIA HELD AT CITY HALL MEETING DATE: AGENDA ITEM: January 23,20'17 Accept and appropriate donation Southern Corporation for the Project Rosemarie B. Jordan Director of Finance received from Norfolk Lifesaver Program. SUBMITTED BY: SUMMARY OF INFORMATION: The primary mission of Project Lifesaver is to provide timely response to save lives and reduce potential injury for adults and children who wander due to Alzheimer's, autism and other related conditions or disorders. Citizens enrolled in Project Lifesaver wear a small personal transmitter around lhe wrist or ankle that emits an individualized tracking signal. lf an enrolled client goes missing, the caregiver notifies the Salem Police Department and trained officers respond to the area. The City is responsible for the cost of supplies such as transmitters, replacement batteries and localor system and currently has five families enrolled in the program. The City received a donation of $1,000 from Norfolk Southern in the current fiscal year, which will be used to purchase these supplies. FISCAL IMPACT: Proceeds from donations allow us to purchase needed items that are not included in the current budget for the Project Lifesaver Program. STAFF RECOMMENDATION: Because donations are received on an on-going basis, it is recommended that amounts donated that are less than $5,000 be administratively appropriated when received to be spent on the Project Lifesaver Program. Staff requests that the budget for Donations revenue, account 10-030-0100-46375, and the Expendable Equipment account, 10-030- 31 10-56008, be increased by $1,000 to be used for the purposes stated above. It is also recommended that any donations not expended in the fiscal year received be administratively appropriated in the subsequent fiscal year. SALE Ofice of the City Clerk January 23, 2oa7 Council ofthe City of Salem Salem, Virginia 24153 Dear Council Members: For your information, I am listing reappointments and vacancies on various boards and commissions: Personnel Board Recommend reappointing Larry Lynch for a two-year Board of Zoning Appeals Board of Appeals (USBC Building Code) Convention & Visitors Bureau Fair Housing Board Fine Arts Commission Aftachment term. ( Current term ends on January u 8, zo:.7.) Need one full member and three alternate members, five year terms. Need one full term member and three alternates, five- year terms. Need one fullterm member, no term limit. Need two full term members, three-year terms. Need all full members, four-year terms. Sincerely, James E. Taliaferro. II Assistant City Manager and Clerk of Council rEM# 1-8,_ DATE I-A3.IT1 Board or Commission Recommendation Vacancies with Candidates Vacancies CITY OF SALEM, VIRGINIA BOARDS AND COII'IMISSIONS January 2017 MEM BER EXPIRATION OF TERM BLUE RIDGE BEHAVIORAL HEALTHCARE Term of Office: 3 years (3 terms only) MEMBER EXPIRATION OF TERM Partnershio for a Livable Roanoke Vallev Term of Office: Unlimited James E. Taliaferro, ll COMMUNITY POLICY AND MANAGEMENT TEAM No term limit except for Private Provider Pat l\racDonald David Wells Linda Franke AT LARGE MEMBERS: Vic Boddie Bruce N. Thomasson Bobby Russell Wendel lngram N. Jackson Beamer, lll David A. Prosser Nancy Duffy Gill R. Roseberry 12-31-18 12-31-19 12-31-17 12-31-16 12-31-17 12-31-18 1-01-17 1-01-18 1-01-20 1-01-19 1-01-15 11-30-18 1 1-30-18 11-30-19 11-30-17 11-30-17 3-20-17 3-30-18 6-05-19 3-20-20 3-20-16 3-09-19 3-09-20 3-09-20 3-09-17 3-09-17 3-09-18 3-09-18 (Names) Rosie Jordan Benjamin W. Tripp Carolyn Minix Cheryl Wilkinson Parent Rep Open Joyce Earl Randy Jennings Darryl Helems Derek Weeks (Alternates) Tammy Todd James E. Taliaferro, Rosemary Walker Cathy Brown Parent Rep Open Shannon Brabham Deborah Coker Amanda Hall Josh Shelor Vacant Vacant BOARD OF EQUALIZATION OF REAL ESTATE ASSESSMENTS Term of Office: 3 years (appointed by Circuit Court) BOARD OF APPEALS (USBC BUILDING CODE) Term of Office: 5 years John R. Hildebrand Robert S. Fry, lll David A. Botts Nathan Routt Greg Lewis (will not accept reappointment) ALTERNATES: Debbie Sams Open Dr. Stephen Richerson - term ends June 30,2017 ECONOMIC DEVELOPMENT AUTHORITY Term of Office: 4 years William Q. Mongan C. Wayne Adkins J. David Robbans Judith F. Hagadorn Joseph E. Yates, Jr. Dale P. Lee resigned 111116 Bruce Porter resigned 10/5/15 ECONOMIC DEVELOPMENT COMMITTEE No Terms, no alternates Jane Johnson James Chisom Kevin Boggess James Taliaferro Melinda Payne Benjamin Tripp Mary Ellen Wines Judy Hough FAIR HOUSING BOARD Term of Offlce: 3 years Kathleen H. Manson Joseph Harris, ll (did not respond to written request for r+appt) Joseph Kyle, lll 7-01-13 (did not respond to written request for re-appt) Chades T. Gwaltney Betty Waldron BOARD OF ZONING APPEALS Term of Office: 5 years (appointed by Circuit Court) F. Van Gresham David E. Derr Winston J. DuBois Gary Lynn Eanes Robin R. Dearing (will not accept reappointment) ALTERNATES: Frank Sellers Vacant Vacant 4-14-2021 CONVENTION & VISITORS BUREAU Carey Harveycutter No term limit (resigned March 2016 5-10-17 7 -01-13 7-01-'t6 7 -0'l -16 FINE ARTS COMMISSION Term of Office: 4 years Cameron Vest Julie E. Bailey Hamilton Brenda B. Bower Vicki Daulton Hamp Maxwell Fred Campbell Rosemary A. Saul Rhonda M. Hale Brandi B. Bailey MEMBER Jane W. Johnson William D. Jones James Martin Melinda J. Payne EXPIRATION OF TERM REAL ESTATE TAx RELIEF REVIEW BOARD Term of Office: 3 years David G. Brittain Jimmy W. Robertson Daniel L. Hart ROANOKE VALLEY-ALLEGHANY REGIONAL COMMISSION Term of Office: 3 years M EM BER EXPIRATION OF TERM ROANOKE VALLEY GREENWAY COMMISSION Term of Office: 3 years McMillian H. Johnson, lV Morris A. Elam, Jr. Skip Lautenschlager 6-30-20'17 6-30-2017 't2-31-18 12-31-18 12-31-19 12-31-19 12-31-17 2-3-2018 2-3-2020 2-3-2018 2-3-2020 ROANOKE VALLEY TRANSPORTATION PLANNI NG ORGANIZATION (TPO) POLICY BOARD Term of Office: 3 years Jane Johnson William 'Bill" Jones SCHOOL BOARD OF THE CITY OF SALEM Term of Office: 3 years Nancy Bradley Michael Chiglinsky Andy Raines Artice Ledbetter David Preston SOCIAL SERVICES ADVISORY BOARD Term of Office: 4 yea6, 2 term limit Betty McCrary 12-1-18 TOTAL ACTION AGAINST POVERTY Term of Office: 2 years Byron Randolph Foley (Melinda Payne appointed 1-14-18 as fulFtime alternate) 1-31-18 VIRGINIA WESTERN COMMUNITY COLLEGE Term of Office: 4 years (2 terms only) Forest G. Jones 6-30-18 WESTERN VIRGINIA EMERGENCY MEDICAL SERVICES COUNCIL (3 year term) Deputy Chief Matt Rickman 12-31-19 WESTERN VIRGINIA REGIONAL INDUSTRIAL FACILIry AUTHORITY Term of Office: 4 years Kevin S. Boggess Melanda J. Payne James E. Taliaferro. ll (alternate for Boggess) Benjamin W. Tripp (alternate for Payne) 5-0'l-15 5-01-'15 7 -26-12 10-26-12 10-26-12 5-01-13 '10-26-13 10-'12-14 10-12-14 4-19-18 5-26-19 9-26-17 STUDENT REPRESENTATIVES LEAGUE OF OLDER AMERICANS Term of Office: 3 years John P. Shaner PERSONNEL BOARD Term of Office: 2 years Larry A. Lynch William R. Shepherd J. Chris Conner Margaret Humphrey Lexi H. Dibbern 3-01-1 8 1-28-17 6-09-'17 8-12-17 8-12-17 3-01-18 7-31-18 7-31-18 7 -26-19 7-26-18 8-28-17 PLANNING COMMISSION ANDW Term of Office: 4 years Sam Carter, lll Dee King Vicki Daulton Reid Garst Bruce N. Thomasson 2-14-19 2-14-17 2-14-18 ROANOKE VALLEY BROADBAND AUTHORITY Term of Office: 4 years Kevin S. Boggess WESTERN VIRGINIA REGIONAL JAIL AUTHORITY Term of Office: as of mtg on 1n/17 term is - until replaced William D. Jones Alternate: Byron R. Foley James E. Taliaferro, ll Alternate: RosemarieJordan Eric A. Atkins Alternate: April M. Staton ROANOKE VALLEY DETENTION COMMISSION No Terms Member James Taliaferro 6-30-18 2-24-17 6-30-18 6-30-19 12-31-20't9 Alternate Rosemarie Jordan