HomeMy WebLinkAbout11/24/2025 - City Council - Agenda -RegularAgenda
Monday, November 24, 2025, 6:30 PM
Work Session, 6:00 PM
Council Chambers Conference Room, City Hall, 114 North Broad Street, Salem, Virginia 24153
Regular Session, 6:30 PM, City Hall, 114 North Broad Street, Salem, Virginia 24153
WORK SESSION
1.Call to Order
2.New Business
A.Discussion Items
1) Review School FY25 Fund Balance Requests and FY 27-32 Capital
Improvement Plan - Dr. Curtis Hicks
3.Adjournment
REGULAR SESSION
1.Call to Order
2.Pledge of Allegiance
3.Bid Opening, Awards, Recognitions
A.Salem High School - State Championship - Golf
Consider the adoption of Resolution 1512 honoring Salem High School Golfer
Ashnoor Kaur for her State Championship in 2025.
4.Consent Agenda
A.Citizen Comments
Comments from the public, limited to five minutes, on matters not already having a
public hearing at the same meeting.
B.Minutes
Consider acceptance of the November 10, 2025, Regular Meeting minutes.
Page 1 of 164
5.Old Business
A.Amendment to City Code - Chapter 78
Consider adoption of ordinance on second reading amending Chapter 78 –
Subdivisions – Articles I – Generally, Section 78-103; Article II – Administration,
Sections 78-200, 201, 204, and 206; Article III – Definitions, Section 78-300; Article IV
– Review of plats, Sections 78-400, 401, 402, 403, 404, 405, 406, 407, 408, 416, 421;
Article V – Security for the construction of public improvements, Sections, 78-501 and
503; Article VI – Requirements for design standards and public improvements,
Sections 78-600, 602, 606, 607, 611, 615, 617, 625, 629, 634, and 642; and Article VII
– Vacation of plats, Sections 78-701 and 706 of the CODE OF THE CITY OF SALEM,
VIRGINIA pertaining to plan review by designated agent and timeframe of local
approvals. (Adopted on first reading at the November 10, 2025, meeting.)
B.Amendment to City Code - Chapter 106
Consider adoption of ordinance on second reading amending Chapter 106 – Zoning,
Article II – District Regulations, Section 106-232 pertaining to Industrial park overlay
district; Article III – Use and design standards, Section 106-318 pertaining to Urban
agriculture; Article IV – Development standards, Section 106-400 pertaining to site
plans, 402 pertaining to nonconforming uses and sites, 406 pertaining to plot plans;
Article V – Administration, Section 106-520 pertaining to amendments to ordinance,
524 pertaining to special exception permits and use not provided for permits; Article VI
– Definitions and Use Types, and Section 106-600 pertaining to site plans, of the
CODE OF THE CITY OF SALEM, VIRGINIA. (Adopted on first reading at the
November 10, 2025, meeting.)
C.Amendment to City Code - Chapter 82
Consider adoption of ordinance on second reading amending Sections 82-136 through
82-147 Article V, Chapter 82, of The CODE OF THE CITY OF SALEM, VIRGINIA,
pertaining to Transient Occupancy Tax. (Adopted on first reading at the November 10,
2025, meeting.)
D.Amendment to City Code - Chapter 94
Consider adoption of ordinance on second reading amending Chapter 94, Nuisances,
Section 94-3, Declaration of nuisances; abatement required, pertaining to trees of the
CODE OF THE CITY OF SALEM, VIRGINIA. (Adopted on first reading at the
November 10, 2025, meeting.)
E.Amendment to the Zoning Ordinance
Consider adoption of ordinance on second reading for the request of Pillis Enterprises
Inc., property owner, to rezone the property located at 522 South Market Street (Tax
Map #s 160 - 4 - 2) from RSF Residential Single Family District to HBD Highway
Business District. (Approved on first reading at the November 10, 2025, meeting.)
6.New Business
A.Appropriation of Funds
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Request to amend the School General Fund, Grants Fund, School Capital Projects
Fund, and School Reserve Fund budgets as approved by the School Board on
October 14, 2025. Audit - Finance Committee
B.Performance Agreement - LOS POLLOS AMIGOS, INC. (dba Wings Etc.)
Consider a request authorizing the City Manager to finalize and execute a local
performance agreement between LOS POLLOS AMIGOS INC. (dba Wings Etc.), the
City of Salem, and the Economic Development Authority of the City of Salem.
C.Performance Agreement - McClung Lumber Company, Incorporated
Consider a request authorizing the City Manager to finalize and execute a local
performance agreement between McClung Lumber Company Incorporated, the City of
Salem, and the Economic Development Authority of the City of Salem.
D.Boards and Commissions
Consider appointments to various boards and commissions.
7.Closed Session
Hold a closed session in accordance with Section 2.2-3711 (A)(7) of the 1950 Code of
Virginia, as amended, for consultation with legal counsel and briefings by staff members or
consultants pertaining to actual or probable litigation, where such consultation or briefing in
open meeting would adversely affect the negotiating or litigating posture of the public body.
8.Adjournment
Page 3 of 164
Item #: 3.A.
AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM,
VIRGINIA HELD AT CITY HALL
MEETING DATE: November 24, 2025
AGENDA ITEM: Salem High School - State Championship - Golf
Consider the adoption of Resolution 1512 honoring Salem
High School Golfer Ashnoor Kaur for her State
Championship in 2025.
SUBMITTED BY: Rob Light, Assistant City Manager/Clerk of Council
SUMMARY OF INFORMATION:
This time has been set aside to recognize Salem High School Golfer Ashnoor Kaur for
her State Championship in 2025.
FISCAL IMPACT:
N/A
STAFF RECOMMENDATION:
Staff recommends approval.
ATTACHMENTS:
1.Item 3A 11-24-25 HighSchoolResolution-GolfKaur2025-Council
Page 4 of 164
CITY CO UNCIL
Joint Resolution
Mayor, City of Salem
GOLF
IN THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, November 24, 2025:
ATTEST:
H. Rob Light Clerk of Council
City of Salem, Virginia
Salem City Council:
John Saunders
Hunter Holliday
Randy Foley
Anne Marie Green
Renée Ferris Turk
RESOLUTION 1512
RESOLUTION HONORING SALEM HIGH SCHOOL 2025 GOLF STATE CHAMPION
WHEREAS, it is with a great deal of pride and enthusiasm that the City of Salem champions the
development of its young people by providing an array of opportunities in both the academic and sporting
arenas; and
WHEREAS, throughout the years, our youth have excelled in both areas, bringing numerous accolades to
the city and school division; and
WHEREAS, the high school golf program instills in its participants the significance of teamwork and
creates accord and purpose among its participants and coaches; and
WHEREAS, Ashnoor Kaur distinguished herself, her school, her community, and the Commonwealth by
capturing the Virginia High School League’s Class 4 Coed State Title; and
WHEREAS, the VHSL Class 4 Individual State Championship was won on October 14, 2025, at the
Heritage Oaks Golf Course in Harrisonburg, as Ashnoor defeated the top 60 male and female golfers in the
state with a 1-over-par round of 71; and
WHEREAS, the Salem High School junior claimed the title by exhibiting amazing mental toughness and
resilience as she battled cold and windy conditions on the course throughout her title clinching round; and
WHEREAS, along with the state title, she also was named the Roanoke Valley Golf Hall of Fame’s Junior
Girls Player of the Year. Ashnoor finished with 4 individual wins on the season, and she never finished lower
than 6th in any tournament. Her best round of the season was a 5-under-par-66 at the Botetourt Country
Club; and
WHEREAS, Ashnoor was rewarded for her outstanding play throughout the 2025 golf season as she was
named a First Team All-District, All- Region, and All-State performer; and
WHEREAS, along with Golf Coach Blaine Hancock, Ashnoor Kaur and her teammates have showcased
their skills and shown the ability to carry on Salem’s strong golf traditions; and
NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA,
that Council joins with the citizens of the City of Salem in saluting Ashnoor’s amazing achievements during
the 2025 golf season.
BE IT FURTHER RESOLVED that a copy of this resolution be presented to the coaches and each team
member and that a copy be placed on display at Salem High School.
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CITY COUNCIL
MINUTES
Monday, November 10, 2025, at 6:30 PM
Regular Session, 6:30 PM, City Hall, 114 North Broad Street, Salem, Virginia 24153
WORK SESSION
WORK SESSION IS CANCELLED FOR NOVEMBER 10, 2025
REGULAR SESSION
1.Call to Order
A regular meeting of the Council of the City of Salem, Virginia, was called to order at
6:30 p.m., there being present the following members to wit: Renée Ferris Turk,
Mayor; Anne Marie Green, Vice-Mayor; Councilmembers: Byron Randolph Foley,
Hunter Holliday, and John Saunders; with Renée Ferris Turk, Mayor, presiding
together with Chris Dorsey, City Manager; Rob Light, Assistant City Manager and
Clerk of Council; Rosie Jordan, Director of Finance; Mary Ellen Wines, Planning and
Zoning Administrator; Max Dillon, Planner; Kristi Chittum, Commissioner of the
Revenue; A. K. Briele, Director of Electric Department; Mike Stevens, Director of
Communications; and Jim Guynn, City Attorney.
2.Pledge of Allegiance
3.Bid Opening, Awards, Recognitions
Mayor Turk asked Master Deputy Lynch and Joshua Salmon to come forward. She
introduced Joshua L. Salmon, a new hire from the Salem City Sheriff's Office, in
attendance this evening. She noted that he has been employed in Law Enforcement
since 2004 and that his experience in corrections will bring a wealth of knowledge to
the Sheriff's Office. Council welcomed him.
Item #4.B
Date: 11/24/2025
Page 6 of 164
4.Consent Agenda
A.Citizen Comments
Comments from the public, limited to five minutes, on matters not already
having a public hearing at the same meeting.
John Breen, 142 Bogey Lane, expressed concern that City operations lack openness
and opportunities for public participation. Specific issues noted included limited
access to information on zoning and planning matters, restrictions on citizen speaking
time, and the absence of town hall meetings or surveys to gauge public satisfaction.
Mr. Breen urged Council to adopt stronger transparency practices, including timely
sharing of information, expanded opportunities for citizen engagement, and greater
collaboration between officials and residents to build trust and accountability in local
government.
Jim Watts, 2405 Barnside Court, addressed Council on behalf of the Salem Rotary
Club, inviting Council and the public to join them for the closing celebration of the
Field of Honor at American Legion Hall 530 on Veteran's Day. He shared a copy of
the agenda with Council.
B.Minutes
Consider acceptance of the October 14, 2025, Work Session and Regular
Meeting minutes; the October 22, 2025, Special Meeting minutes, and the
October 29, 2025, Special Meeting minutes.
The minutes were approved as written.
C.Financial Reports
Consider acceptance of the Statement of Revenues and Expenses for the
three months ending September 2025.
The Financial Reports were received.
5.Old Business
A.Vacation of Right-of-Way
Consider ordinance on second reading permanently vacating and disposing of
an approximate 1/10-acre unimproved dead-end section of Penguin Lane
(Public hearing was held at the September 8, 2025, meeting). (Council
approved on first reading at the October 14, 2925, meeting.)
Randy Foley motioned to adopt the ordinance on second reading, permanently
vacating and disposing of an approximate 1/10-acre unimproved dead-end section of
Penguin Lane. Hunter Holliday seconded the motion.
Ayes: John Saunders, Hunter Holliday, Randy Foley, Anne Marie Green, Renée Turk
Nays: None
Abstaining: None
Page 7 of 164
6. New Business
A. Receive Findings from the Planning Commission on the Energy Storage
Project Conformance with the Comprehensive Plan
Receive findings of the Planning Commission approving Comprehensive Plan
conformance for the Energy Storage Project between the City of Salem and
Salem, VA BESS 1 LLC within the existing electric substation located at 407
Electric Road, Tax Map#150-2-4.
City Manager Dorsey noted that there would be more information on this with the next
agenda item. He explained that this was considered at the November 10, 2025,
Planning Commission meeting, dealing with the siting for the battery storage
component of the City's electrical infrastructure. This was unanimously approved by
the Planning Commission. The next step is to hold a public hearing and to bring this
before Council.
Mayor Turk noted that the Planning Commission findings have been received by
Council.
B. Energy Storage Project Siting Agreement
Hold public hearing and consider authorizing the City Manager to finalize and
execute documents related to an Energy Storage Project Siting Agreement
between the City of Salem and Salem VA BESS 1 LLC proposing a 4-
megawatt battery energy storage facility within the existing electric substation
located at 407 Electric Road, Tax Map # 150 – 2 – 4. (Advertised in the
October 23 and 30, 2025, issues of Cardinal News.)
Mayor Turk asked Mr. Dorsey if he had any information to share.
Mr. Dorsey noted that the property at 407 Electric Road consists of a 2.2 -acre tract of
land which currently sits within the Heavy Manufacturing zoning designation. A
portion of the property is currently utilized as a substation assisting in the distribution
of electricity throughout the City. On November 12, 2024, Council approved
Resolution 1487 authorizing the City Manager to execute the lease agreement,
access agreement, and electricity interconnection agreement for this project. Approval
of a siting agreement for the development of this 4-megawatt alternating current is the
next step required for this project that will promote reduced power supply costs to the
City, including reduced PJM locational reliability charges and AEP transmission
charges during the term of the 20-year agreement.
A. K. Briele, Director of the Electric Department, provided a brief overview of what this
means for the City. He noted that the City's contract with AEP will expire next
May. The City will then purchase power directly from the market. To help manage
costs, an energy storage system will be used to store power during off-peak periods
and discharge it during peak demand times, thereby reducing system load and
transmission expenses.
Page 8 of 164
Mayor Turk noted that the City had been seeing a constant increase of transmission
costs.
Mr. Briele noted that transmission and capacity charges are determined by peak
usage periods, and efforts will focus on minimizing those peaks to control future costs.
Mayor Turk thanked Mr. Briele and Ms. Jordan, Director of Finance, for all of their
work on this project.
Mayor Turk opened the public hearing.
No one came forward to speak.
Mayor Turk closed the public hearing.
Anne Marie Green motioned to authorize the City Manager to finalize and execute
documents related to this agreement in a form acceptable to the City Attorney. John
Saunders seconded the motion.
Ayes: John Saunders, Hunter Holliday, Randy Foley, Anne Marie Green, Renée Turk
Nays: None
Abstaining: None
C.Amendment to City Code - Chapter 78
Hold a public hearing and consider adoption of ordinance on first reading
amending Chapter 78 – Subdivisions – Articles I – Generally, Section 78-103;
Article II – Administration, Sections 78-200, 201, 204, and 206; Article III –
Definitions, Section 78-300; Article IV – Review of plats, Sections 78-400, 401,
402, 403, 404, 405, 406, 407, 408, 416, 421; Article V – Security for the
construction of public improvements, Sections, 78-501 and 503; Article VI –
Requirements for design standards and public improvements, Sections 78-
600, 602, 606, 607, 611, 615, 617, 625, 629, 634, and 642; and Article VII –
Vacation of plats, Sections 78-701 and 706 of the CODE OF THE CITY OF
SALEM, VIRGINIA pertaining to plan review by designated agent and
timeframe of local approvals. (Advertised in the October 23 and 30, 2025,
issues of Cardinal News.) (Planning Commission recommended approval by a
unanimous vote.)
Mayor Turk asked Ms. Wines to share information on this item.
Ms. Wines reported that the Planning Commission previously reviewed major
subdivision site plans and plats, but state law now requires these approvals to occur
through an administrative process. Because subdivision plats and site plans must be
approved when they meet all adopted regulations, the Planning Commission’s role is
Page 9 of 164
removed in order to streamline development review and support housing -related
timelines.
The proposed amendments to Chapter 78 would:
•Shift approval authority for major subdivision plats and site plans from the
Planning Commission to the City, with the City Manager or designee serving as
the designated agent.
•Reduce the review period for preliminary plats from 60 days to 45 days.
•Reduce the review period for major subdivision site plan and plat reviews from
60 days to 40 days.
•Require corresponding updates to Planning Commission bylaws if adopted.
The City Attorney’s Office has reviewed Senate Bill 974, House Bill 2660, and the
proposed amendments for consideration by Council.
Mayor Turk opened the public hearing.
John Breen, 142 Bogey Lane, raised concerns about several elements of the
proposed code amendments. He questioned whether the review timelines referenced
in the amendments referred to business days or calendar days and urged
clarification. He also raised questions about the level of authority granted to the City
Manager’s designated agent. Additional comments addressed the ability to waive
elements of preliminary plats and recommendations for stronger safeguards and
clarification throughout the approval process.
Stella Reinhard, 213 N. Broad Street, observed that recent state -level efforts to
accelerate development may be more suited to other regions of Virginia than to the
local area. She supported earlier comments regarding the need to clarify whether
review timelines are measured in business days or calendar days, noting that the
distinction could significantly affect the process. Ms. Reinhard encouraged the City to
find ways to increase public involvement and offered suggestions for doing so. She
also recommended making more complete design information available earlier in the
process to allow for meaningful public review and feedback.
Mayor Turk closed the public hearing.
Randy Foley motioned to adopt ordinance on first reading amending Chapter 78 as
specified in the agenda packet and read by Mayor Turk. John Saunders seconded the
motion.
Councilman Holliday asked for clarification in regards to whether the amendment
referred to calendar days or business days as this would play a role in time frame.
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Ms. Wines responded that they would get clarification for the second reading.
Councilman Holliday asked for an estimate of the normal time frame for the site plan
process.
Ms. Wines provided clarification on the review process for subdivision plats and site
plans. It was noted that although a designated agent ultimately signs the approval, the
review is a multi-department, multi-staff process. Departments involved include
Electric, Water and Sewer, Streets, Engineering, Building, and Planning and Zoning .
Each review plans within their areas of expertise. She explained that initial comments
on a site plan or plat are typically completed within approximately two weeks, well
within the state-mandated timelines. Once comments are returned to the developer,
the length of time for resubmission is determined by the applicant. Staff then re -
reviews the materials following the same coordinated process. It was emphasized
that the 45-day review window applies to providing the applicant with the initial set of
comments, and all concerns must be identified at that stage. Ms. Wines noted that the
shortened timelines are intended to address delays common in larger jurisdictions, but
are not an issue for the City’s current review practices.
Councilman Holliday asked if there would be anything to prohibit putting these plans
on the website for the public to view.
.
Ms. Wines explained that subdivision and site plan submissions become public
documents once filed and may be viewed at any time upon request. However, she
emphasized that the standards used in reviewing plats and plans are the regulations
already adopted by City Council, along with established planning and engineering
principles. Once those rules are in place, staff must approve any plat or plan that
meets them, and they are not subject to further discretionary debate during the review
of an individual application. She also noted that broader public input is most
appropriate during the development or amendment of laws and regulations —such as
during zoning ordinance updates—rather than during the technical review of specific
plans. Ms. Wines observed that while all plan iterations are public once submitted,
confusion sometimes arises when members of the public reference outdated versions
that have since been revised. Despite this challenge, all submitted plans remain
accessible for public inspection, and the public is welcome to come by Community
Development and request to see a plan.
Councilman Holliday asked to confirm that the final decision would be made by the
City Manager.
Ms. Wines clarified that the final approved plan will be signed off by the city manager
or his designee; however the plan must be approved by the staff of various
departments prior to the final sign off.
.
Vice-Mayor Green asked to confirm that the designated agent is not a single person
Page 11 of 164
with a job description, but that there would continue to be different people signing off
on the different parts of the plan.
Ms. Wines confirmed that this was correct and that there would be one ultimate agent
who signs off on the plan. She confirmed that there is not a new role or position.
Mayor Turk called for a roll call vote.
Ayes: John Saunders, Hunter Holliday, Randy Foley, Anne Marie Green, Renée Turk
Nays: None
Abstaining: None
D. Amendment to City Code - Chapter 106
Hold a public hearing and consider adoption of ordinance on first reading
amending Chapter 106 – Zoning, Article II – District Regulations, Section 106-
232 pertaining to Industrial park overlay district; Article III – Use and design
standards, Section 106-318 pertaining to Urban agriculture; Article IV –
Development standards, Section 106-400 pertaining to site plans, 402
pertaining to nonconforming uses and sites, 406 pertaining to plot plans;
Article V – Administration, Section 106-520 pertaining to amendments to
ordinance, 524 pertaining to special exception permits and use not provided
for permits; Article VI – Definitions and Use Types, and Section 106-600
pertaining to site plans, of the CODE OF THE CITY OF SALEM, VIRGINIA.
(Advertised in the October 23 and 30, 2025, issues of Cardinal News.)
(Planning Commission recommended approval by a unanimous vote.)
Mayor Turk requested that Ms. Wines share information on this item.
Ms. Wines reported that the current zoning ordinance, adopted in 2005, requires
periodic updates to remain aligned with City needs and state code. The City
Attorney’s Office has reviewed the proposed amendments. The first section she
addressed was in regard to the Industrial Park Overlay District. The amendment
proposes expanding the Industrial Park Overlay District, currently limited to the south
side of Salem Industrial Drive, to include Southside Drive, Midland/Intervale, and
Cook Drive. The overlay provides flexibility in landscaping requirements to support
industrial expansion while maintaining required buffers along major corridors.
The next section that Ms. Wines addressed was the section on Keeping of Chickens
in the City of Salem. The chicken-keeping permit period would shift from the fiscal
year to the calendar year. Initial inspections of coops and enclosures would be
conducted by the Planning and Zoning Office rather than Animal Control due to
staffing constraints.
Next, Ms. Wines reviewed changes to the Site Plan Review Requirements
section. The proposed change clarifies when site plans are required and establishes
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three categories: plot plans, minor site plans, and major site plans, based on
complexity and utility/stormwater needs. She explained the distinctions between each
of the three categories or levels. The “25% rule” for triggering site upgrades during
renovations would be moved to the site plan section for clarity. Also, part of the
recommended change is raising this threshold to 50% to lessen the financial burden
on small businesses, with the intention to revisit the standard during the zoning
ordinance rewrite and potentially scale this threshold. Additional amendments for this
section include: requiring a site plan when conditional rezoning includes physical site
design elements, clarifying when erosion and sediment control and stormwater plans
are required, and requiring construction of site-plan-related improvements within 90
days when triggered by a zoning violation.
Additionally, Ms. Wines addressed the section pertaining to Rezoning and Special
Exception Applications. Staff has recommended that applications be accepted only
for lots that meet zoning district standards to avoid unnecessary referrals to the Board
of Zoning Appeals for variances. She noted that site issues can instead be addressed
through proffers or conditions during rezoning or special exception review.
The last section that Ms. Wines highlighted related to public hearing signage. The
amendment proposes updating language to allow durable, reusable public -hearing
signs that include a QR code, website, and contact information rather than date -
specific signage. These signs are posted voluntarily by the City.
Ms. Wines concluded the zoning section changes overview and invited questions
before moving on.
Mayor Turk opened the public hearing.
John Breen, 142 Bogey Lane, expressed concerns about the clarity of the proposed
site plan review language. He recommended identifying specific City positions to
receive site plan submissions and offered specific suggestions for adding checks and
balances. Concerns were also raised about allowing the zoning administrator to waive
certain required elements of a minor site plan without additional review. Mr. Breen
commented on the number of physical copies required for site plan submissions,
noting that the draft ordinance no longer specifies how many physical copies of a site
plan must be submitted and suggested reinstating a required number to avoid
inefficiency and cost. Mr. Breen requested that Council closely review the proposed
amendments for accuracy.
Stella Reinhard, 213 N. Broad Street, requested clarification regarding the proposed
changes to public-hearing signage for rezonings. She asked whether the new signs,
with QR codes and more permanent materials, would still display the date, time, and
location of the public hearing on the sign itself, or whether that information would only
be accessible through the QR code. Ms. Reinhard also sought clarification on staff’s
reference to the signage requirement being “voluntary.”
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Ms. Wines clarified that the information on date and time was handwritten on the
previous signs in a temporary manner so that the signs could be reused. The new
signs will utilize a QR Code that leads to a link including the specific information as to
meeting date, time, and location.
Ms. Reinhard asked for clarification on the referral to this being done voluntarily.
Ms. Wines responded that the state code did not require that the City place any signs
on parcels that involved a public hearing.
Ms. Reinhard asked if this was new information.
Ms. Wines responded that this was always true and that the City had voluntarily
placed those signs to ensure that citizens were kept informed.
City Manager Dorsey asked if a phone number for Community Development was
included on the sign for the benefit of citizens that might not have a cell phone.
Ms. Wines responded that a QR Code, phone number and physical address for
Community Development, email address, and the website for the City are included on
the sign.
Ms. Reinhard requested that the City consider posting development applications and
related materials on the City’s website as early as possible. She suggested providing
specific online guidance on where full plans and agenda materials can be accessed.
She stated that making preliminary information available, especially for complex or
high-interest projects, would be a helpful gesture to the community. Ms. Reinhard
concluded by expressing support for posting public-hearing signs on nearby major
roads, whether required by the state or done voluntarily by the City. She appreciated
the addition of QR codes but urged that the signs also display the meeting date and
time, suggesting the use of a writable surface for easy updates so that information
can be seen as to when the hearing will occur.
Mayor Turk closed the public hearing.
Hunter Holliday motioned to adopt the ordinance on first reading, amending Chapter
106 as specified in the agenda packet and read by Mayor Turk. John Saunders
seconded the motion.
Vice-Mayor Green stated concern about increasing the site-improvement threshold
from 25% to 50% but acknowledged staff’s explanation and expressed interest in
evaluating a possible sliding-scale approach during the upcoming zoning ordinance
rewrite. She indicated willingness to wait for that broader review and to see how the
change functions in practice.
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Councilman Holliday expressed support for raising the improvement threshold from
25% to 50%, noting that the change would significantly benefit small and newly
established businesses that may not have the financial capacity to make extensive
site upgrades before generating revenue. He stated that reducing this burden would
help businesses get started and succeed.
Mayor Turk also emphasized the importance of supporting small businesses and
expressed approval of increased flexibility in the ordinance to help new businesses
establish themselves in Salem. She stated that trying the proposed change and
comparing outcomes to the prior 25% threshold would be beneficial.
Vice-Mayor Green indicated that it was her understanding that this was in relation to
renovating and expanding, and not a new business going in.
Ms. Wines clarified that this could apply to a new business as well if they were
renovating a building more than 25%.
Councilman Holliday commented on the example of the work that was done in the
recent opening of Wings Etc. in Salem.
Vice-Mayor Green noted that while a business might qualify under the proposed
higher improvement threshold, the exterior appearance of buildings remains important
because it influences how the community is perceived. She emphasized the value of
maintaining attractive exteriors but acknowledged the reasoning behind the proposed
change. She also noted that the change would apply to all businesses, not just small
ones, and expressed interest in how this issue would be addressed during the zoning
ordinance update.
Ayes: John Saunders, Hunter Holliday, Randy Foley, Anne Marie Green, Renée Turk
Nays: None
Abstaining: None
E. Amendment to City Code - Chapter 82
Consider adoption of ordinance on first reading amending Sections 82 -136
through 82-147 Article V, Chapter 82, of The CODE OF THE CITY OF
SALEM, VIRGINIA, pertaining to Transient Occupancy Tax.
Kristi Chittum, Commissioner of the Revenue, explained that the proposed changes to
Section 82 are intended to add definitions currently not included in the City Code and
to align local regulations with state law. The update also includes the addition of
“intermediaries,” such as Airbnb, Expedia, and similar platforms, which were not
previously addressed in the code.
Anne Marie Green motioned to adopt the City ordinance amendment to City Code
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Chapter 82 on first reading. Randy Foley seconded the motion.
Ayes: John Saunders, Hunter Holliday, Randy Foley, Anne Marie Green, Renée Turk
Nays: None
Abstaining: None
F.Amendment to City Code - Chapter 94
Consider adoption of ordinance on first reading amending Chapter 94,
Nuisances, Section 94-3, Declaration of nuisances; abatement required,
pertaining to trees of the CODE OF THE CITY OF SALEM, VIRGINIA.
Ms. Wines explained that the City previously expanded the nuisance ordinance to
address issues beyond weeds and tall grass, including trees, to help citizens with
potentially hazardous trees on neighboring properties. However, regulating trees that
have not yet caused damage has proven difficult and resource intensive. Staff has
recommended removing the language regarding trees “in imminent danger of falling”
from the ordinance, while retaining provisions for trees growing into structures and
causing actual damage, as private property laws are more effective for addressing
potential hazards.
Hunter Holliday motioned to adopt the ordinance on first reading, amending Chapter
94, Nuisances, Section 94-3. Randy Foley seconded the motion.
Ayes: John Saunders, Hunter Holliday, Randy Foley, Anne Marie Green, Renée Turk
Nays: None
Abstaining: None
G.Amendment to the Zoning Ordinance
Hold a public hearing and consider adoption of ordinance on first reading for
the request of Pillis Enterprises Inc., property owner, to rezone the property
located at 522 South Market Street (Tax Map #s 160 - 4 - 2) from RSF
Residential Single-Family District to HBD Highway Business District.
(Advertised in the October 23 and 30, 2025, issues of Cardinal
News.) (Planning Commission recommended approval by a unanimous vote.)
Ms. Wines reported that the subject property, currently zoned Residential Single -
Family, is a 0.108-acre tract that previously contained a residential structure
demolished in the 2010s. The property owners have requested rezoning to Highway
Business District to use the site as an overflow parking lot for the 4th Street garage.
The rezoning is necessary to accommodate this intended use.
Mayor Turk opened the public hearing.
Steve and Robin Pillis, 1726 Amy Lane, expressed the reasons for the rezoning
request, citing ongoing parking difficulties in the area and the need for additional off -
street parking. They noted that a nearby property previously used for similar purposes
is now closed, and the existing lot behind their business, though currently a grass l ot,
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is inadequate for standard parking use due to costs and engineering requirements.
They emphasized that rezoning the property to Highway Business District would not
only help address parking needs but also make the property more attractive to
potential buyers for future commercial use.
Mayor Turk closed the public hearing.
Randy Foley motioned to rezone the property located at 522 S. Market Street (Tax
Map #160-4-2) from Residential Single-Family District to Highway Business District.
John Saunders seconded the motion.
Ayes: John Saunders, Hunter Holliday, Randy Foley, Anne Marie Green, Renée Turk
Nays: None
Abstaining: None
H.Back to Salem's Future - Comprehensive Plan 2045
Hold a public hearing and consider adopting Resolution 1512 approving "Back
to Salem's Future - Comprehensive Plan 2045" for the City of Salem. The
plan addresses housing, redevelopment, open space, City government,
transportation & infrastructure, land use, and other information used to outline
the City's long-term vision and goals for development and growth. (Advertised
in the October 23 and 30, 2025, issues of Cardinal News.) (Resolution of
recommendation adopted by the Planning Commission at the Septem ber 10,
2025, meeting by a unanimous vote.)
Mayor Turk requested that Mr. Dillon provide information for Council and the public on
the Comprehensive Plan.
Mr. Dillon presented the "Back to Salem's Future - Comprehensive Plan 2045", the
City’s comprehensive plan rewrite, highlighting the following points:
•The plan aims to celebrate Salem’s current strengths while positioning the city
to capitalize on future opportunities.
•The planning process began in October 2023 and included numerous public
meetings and engagement opportunities.
•The Planning Commission unanimously approved the plan in September 2025,
and staff have since presented it in a City Council work session and at Coffee
with Council for citizen engagement.
•One change was made to the plan since the Planning Commission
recommendation: the South Broad neighborhood (generally speaking the area
bounded on the West by Union, on the right by Colorado, to the North by
downtown, and to the South by 4th Street) was sh ifted from mixed-use
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transition back to residential on the Future Land Use Map, with the
understanding that future small-area planning may further refine designations.
•The central goal of the plan is usability, with regular updates planned to track
progress and respond to city priorities, market trends, and community needs.
•Staff emphasized that adoption of the plan marks a milestone, not an endpoint,
and will serve as a foundation for future planning initiatives.
Mayor Turk opened the public hearing.
Chris McCart, 316 N. Broad Street, shared a copy of the Comprehensive Plan with
Council that had been studied and marked up with comments by herself and other
citizens as well as other exhibits. She noted that she hoped that Council would vote
against the adoption of the Comprehensive Plan this evening and detailed some of
her main concerns regarding the draft Comprehensive Plan. Ms. McCart questioned
whether the Comprehensive Plan Commission conducted sufficiently thorough
surveys and studies of existing conditions, as required by state guidance. Another
concern was raised about the financial modeling for housing affordability, including
the use of mean vs. median values and conclusions that appear inconsistent with the
model outputs. Overall, Ms. McCart encouraged a careful, detailed review of the
Comprehensive Plan to address inaccuracies, data issues, and unsupported claims
before final adoption.
Stella Reinhard, 213 N. Broad Street, expressed concerns about insufficient public
notice for the Comprehensive Plan, noting that required legal notices have not been
consistently posted on the City’s official website and that the November 10 meeting
was not labeled as a public hearing. She requested delaying plan adoption to allow
additional public meetings, one focused on maps and another on open space, stating
that previous materials were incomplete or unclear. Ms. Reinhard also urged clearer
identification and planning for remaining open spaces and noted concerns about
central Salem’s zoning designations.
John Breen, 142 Bogey Lane, stated that the Comprehensive Plan lacks clear
priorities, timelines, and implementation steps, citing the housing study as an example
needing a formal RFP and target date. He objected to the plan’s use of “polling”
instead of “surveying,” noting that state code requires comprehensive surveys, and
urged the City to conduct a new independent survey before adoption. Mr. Breen also
questioned whether the plan’s impact on several City Code sections requiring
consistency with the Comprehensive Plan had been evaluated.
Mayor Turk closed the public hearing.
Councilman Foley motioned to review this item further.
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Councilman Holliday stated that he agreed with Mr. Foley and noted that there
remained questions that the public felt had not been answered to their satisfaction.
Councilman Saunders stated that he agreed and suggested that Mr. Holliday use one
of his Tuesday sessions for the large maps meeting.
Councilman Holliday stated that he did not mind doing that; however, he felt they may
need to do an evening session for this and possibly use a larger venue for the
meeting. He also noted that this is a living document and asked to confirm that it
could be amended even after a vote was taken. He emphasized that the
Comprehensive Plan is a flexible document that can be amended as conditions
change and should be reviewed regularly to keep it current. He noted that both
Council and City administration, with input from citizens, share responsibility for
maintaining the plan. Mr. Holliday stated he had no objection to postponing its
adoption.
Mayor Turk asked for a second to the motion.
Mr. Holliday seconded the motion.
Mr. Light asked for clarification from Mr. Guynn on the appropriate action to take this
evening with this resolution.
Mr. Guynn responded that generally an action is tabled to a specific date.
A discussion was held on the best action to take.
Councilman Saunders asked Mr. Guynn what his recommendation was.
Mr. Guynn responded that he would decline the motion and then pick it back up at a
later date.
It was noted that there was already a motion on the table.
Vice-Mayor Green noted that she was not opposed to the motion on the floor but
asked for clarification on the intent of the motion and action moving forward.
Councilman Holliday noted that he felt another public hearing should provide
availability of larger maps.
Mayor Turk asked Ms. Wines if citizens were able to come to Community
Development if they wished to see larger maps.
Ms. Wines responded affirmatively.
Further discussion was held among Council about what is an appropriate course of
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action.
Councilman Saunders asked if any more meetings could be set up before the end of
the year where staff could be available at the Civic Center and Council could be in
attendance to listen to questions and responses.
Ms. Wines noted that staff is open to whatever Council would like for them to do and
that they have been available the past two years for questions and comments.
Mayor Turk asked if some of the comments that had been made were ones that staff
had heard previously.
Ms. Wines confirmed that some of them were.
Councilman Holliday noted that he did not have a problem having another meeting.
Mayor Turk noted that she did have an issue with having another meeting and that the
past two years had been sufficient. She called for a roll call vote.
Mr. Light asked to confirm if the motion is to delay or to deny this request .
Councilman Foley responded that his motion was to delay the item.
Discussion was held on the timeframe.
Randy Foley motioned to amend the original motion and delay the vote on this item
until the December 8, 2025, Council meeting. Hunter Holliday seconded the motion.
Ayes: John Saunders, Hunter Holliday, Randy Foley, Anne Marie Green
Nays: Renée Turk
Abstaining: None
Mayor Turk requested that citizens with questions or comments put them in bullet
point format and email them to Council to review and communicate with Community
Development and staff before the December 8 meeting.
I.Appropriation of Funds
Request to transfer the fiscal year 2026 operating budget for the financed
purchase of Taser 10s from the General Fund to the Debt Service Fund.
Mayor Turk asked Ms. Jordan to provide background on this item.
Ms. Jordan explained that the contract for purchasing new Tasers was determined to
meet new accounting standards for a financed purchase, which requires the
expenditure to be recorded in the Debt Service Fund rather than the General Fund.
Because this was not clear at the time of budgeting, staff has requested transferring
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the previously budgeted funds to the appropriate fund for proper accounting.
Randy Foley motioned to transfer the Fiscal Year 2026 operating budget for the
financed purchase of Taser 10s from the General Fund to the Debt Service Fund.
Anne Marie Green seconded the motion.
Ayes: John Saunders, Hunter Holliday, Randy Foley, Anne Marie Green, Renée Turk
Nays: None
Abstaining: None
J.Appropriation of Funds
Request to amend the School Operating Fund, School Cafeteria Fund and
School Grants Fund budgets as approved by the School Board on October 14,
2025. Audit - Finance Committee
The School Operating Fund, School Cafeteria Fund, and School Grants Fund budgets
were amended for Fiscal Year 2025-2026 by the School Board at their meeting on
October 14, 2025. The Board amended the revenues and expenditures of the
Operating Fund budget, resulting in a net change of $0, an increase in the Cafeteria
Fund budget of $439, and an increase in the Grants Fund budget of $582,986. The
memo included in the agenda packet detailed the appropriation changes totaling $0,
$439, and $582,986 made to the Operating Fund, Cafeteria Fund, and Grants Fund,
respectively.
Randy Foley motioned to approve the School Board’s appropriation changes of $0 to
the School Operating Fund, $439 to School Cafeteria Fund, and $582,986 to the
School Grants Fund as approved by the School Board at their October 14, 2025,
meeting. Hunter Holliday seconded the motion.
Ayes: John Saunders, Hunter Holliday, Randy Foley, Anne Marie Green, Renée Turk
Nays: None
Abstaining: None
K.Transfer and Appropriation of Funds
Request to transfer and appropriate capital reserve funds for Salem Memorial
Park stadium improvements. Audit - Finance Committee
The City needs to complete projects that are necessary to meet Major League
Baseball’s Professional Development League (PDL) standards for Salem Memorial
Park. These standards were implemented by Major League Baseball in 2021 and
include a detailed scoring matrix by which each PDL (formerly referred to as minor
league) stadium is graded. Each stadium is audited by Major League Baseball
periodically and must be within a maximum number of points based on the scoring
matrix. Salem Memorial Park was audited this summer, and the stadium must be in
compliance by the start of the 2026 season. Staff has thoroughly evaluated each
deficiency and identified the most cost-effective projects to attain the necessary
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scoring requirement.
The first project involves the replacement of the light fixtures around the field at Salem
Memorial Park. The current fixtures were installed 30 years ago. There is no option to
refurbish or otherwise enhance the existing lighting system to meet the lighti ng
requirements. The lights will be replaced with LED fixtures, including a 25-year
warranty that guarantees compliance with PDL lighting requirements. In addition to
addressing the PDL requirements, the LED fixtures will reduce rec urring electricity
costs to the City for the stadium.
The second project involves modifications to both bullpens. Deficiencies include
clearance requirements, elevation and slope modifications, overall dimension
requirements, sight-line specifications, and fencing/wall issues. The not-to-exceed
estimate for the cost of both projects is $990,000. City staff is requesting to transfer
the funds needed for both projects from the capital reserve account in the capital
reserve fund. If any funds remain after completion of both projects, these funds will be
transferred back to the capital reserve account.
The transfer of $990,000 from the capital reserve account and appropriation of the
funds for the projects will allow City staff to move forward with the upgrades needed at
Salem Memorial Park.
Randy Foley motioned to transfer $990,000 from the Capital Reserve account to the
Capital Reserve Fund account, Salem Memorial Park Renovations. He also motioned
to grant administrative rights to transfer any remaining funds after completion of the
projects back to the Capital Reserve account. John Saunders seconded the motion.
Mr. Dorsey noted that they had just started to receive some quotes back on the
bullpen and that, although they had an approximation, the quotes that have been
received back so far have significantly exceeded the estimate. He asked that Council
consider raising that number.
Mr. Light added that they need to add another approximately $250,000.
Randy Foley amended the motion to include the additional $250,000 and to transfer
$1,240,000. John Saunders seconded the motion.
Ayes: John Saunders, Hunter Holliday, Randy Foley, Anne Marie Green, Renée Turk
Nays: None
Abstaining: None
L. Boards and Commissions
Consider appointments to various boards and commissions.
Randy Foley motioned to appoint Chris Yeakel to fill the unexpired term of Dr. Forest
Jones for the remainder of a three-year term ending December 31, 2026, to the Blue
Ridge Behavioral Healthcare Board; appoint a replacement for David Robbins for the
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remainder of a four-year term ending March 9, 2028, to the Economic Development
Authority; appoint Anne Marie Green to fill the vacancy of Heath Rickmond for the
remainder of a four-year term ending June 30, 2026, to the Social Services Advisory
Board; and appoint Dr. Michael Maxey to fill the unexpired term of Dr. Forest Jones
for the remainder of a four-year term ending June 30, 2026, to the Virginia Western
Community College Local Advisory Board. Hunter Holliday seconded the motion.
Ayes: John Saunders, Hunter Holliday, Randy Foley, Anne Marie Green, Renée Turk
Nays: None
Abstaining: None
7. Closed Session
Hold a closed session in accordance with the following sections of the 1950 Code
of Virginia, as amended: 1) Section 2.2-3711 (A)(1) for discussion of a personnel
matter pertaining to prospective candidates for School Board appointments. 2)
Section 2.2-3711 (A)(7) for consultation with legal counsel and briefings by staff
members or consultants pertaining to actual or probable litigation, where such
consultation or briefing in open meeting would adversely affect the negotiating or
litigating posture of the public body.
Anne Marie Green motioned that, in accordance with Section 2.2 ‐3711 A of the 1950
Code of Virginia, as amended, Council hereby convenes to closed session at 8:05
p.m. for the purpose of discussing the following specific matters:
1. Section 2.2-3711 (A)(1) for discussion of a personnel matter pertaining to
prospective candidates for School Board appointments.
2. Section 2.2-3711 (A)(7) for consultation with legal counsel and briefings by
staff members or consultants pertaining to actual or probable litigation, where
such consultation or briefing in open meeting would adversely affect the
negotiating or litigating posture of the public body.
Randy Foley seconded the motion.
Ayes: John Saunders, Hunter Holliday, Randy Foley, Anne Marie Green, Renée Turk
Nays: None
Abstaining: None
Mayor Turk noted that there likely will be action taken when they come back out of
closed session.
Anne Marie Green motioned to reconvene at 8:49 p.m. in accordance with Section
2.2‐3712 D. of the Code of Virginia, 1950 as amended to date. Council certifies that in
closed session only items lawfully exempted from open meeting requirements under
the Virginia Freedom of Information Act and only such items identified in the motion
by which the closed session was convened were heard, discussed, or considered by
the Council. Mayor Turk seconded the motion.
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Ayes: John Saunders, Hunter Holliday, Randy Foley, Anne Marie Green, Renée Turk
Nays: None
Abstaining: None
Randy Foley motioned to appoint Andy Raines and Michael Crawley to the Salem City
School Board. Hunter Holliday seconded the motion.
Ayes: John Saunders, Hunter Holliday, Randy Foley, Anne Marie Green, Renée Turk
Nays: None
Abstaining: None
Mr. Foley noted that in a previous motion he had omitted a name for the appointment
to the Economic Development Authority; therefore, he motioned to appoint Kim Blair
as a replacement for David Robbins for the remainder of a four-year term ending
March 9, 2028, to the Economic Development Authority. Anne Marie Green
seconded the motion.
Ayes: John Saunders, Hunter Holliday, Randy Foley, Anne Marie Green, Renée Turk
Nays: None
Abstaining: None
8. Adjournment
The meeting was adjourned at 8:50 p.m.
Submitted by: Approved by:
H. Robert Light Renée Ferris Turk
Clerk of Council Mayor
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Item #: 5.A.
AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM,
VIRGINIA HELD AT CITY HALL
MEETING DATE: November 24, 2025
AGENDA ITEM: Amendment to City Code - Chapter 78
Consider adoption of ordinance on second reading
amending Chapter 78 – Subdivisions – Articles I –
Generally, Section 78-103; Article II – Administration,
Sections 78-200, 201, 204, and 206; Article III – Definitions,
Section 78-300; Article IV – Review of plats, Sections 78-
400, 401, 402, 403, 404, 405, 406, 407, 408, 416, 421;
Article V – Security for the construction of public
improvements, Sections, 78-501 and 503; Article VI –
Requirements for design standards and public
improvements, Sections 78-600, 602, 606, 607, 611, 615,
617, 625, 629, 634, and 642; and Article VII – Vacation of
plats, Sections 78-701 and 706 of the CODE OF THE CITY
OF SALEM, VIRGINIA pertaining to plan review by
designated agent and timeframe of local approvals.
(Adopted on first reading at the November 10, 2025,
meeting.)
SUBMITTED BY: Mary Ellen Wines, Planning & Zoning Administrator
SUMMARY OF INFORMATION:
Largely in response to the current housing crisis, the Virginia General Assembly
passed two bills affecting the subdivision ordinance and its regulated procedures
during its 2025 Regular Session.
SB974: Subdivision ordinance; plan review by designated agent. Removes
planning commission and governing body approval authority for the administrative
review process for plats and plans and assigns such authority solely to a designated
agent, defined in the bill for localities with a population of 5,000 or more. The bill also
expedites the review process by shortening the timeframe for forwarding plats and
plans to state agencies for review.
HB2660: Subdivision ordinance; local approvals; report. Shortens the timeframes
for various local government approvals of subdivision plats and site plans.
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Additionally, the bill calls on the Virginia Code Commission to convene a work group
consisting of various stakeholders to review existing provisions related to the
submission, review, and approval of subdivision plats and site plans to hopefully
create and organize procedural steps to streamline the Virginia Code and improve its
usability. That group is to report to the General Assembly by November 1, 2025.
As a result of these two bills, an amendment to the subdivision ordinance is
necessary. The proposed Code changes have been reviewed by the City Attorney
and reflect the amendments as directed by the state.
REQUIREMENTS:
The request meets the requirements of Title 15.2, Chapter 22, Article 6 of the Code of
Virginia pertaining to Land Subdivision and Development.
FISCAL IMPACT:
STAFF RECOMMENDATION:
Staff recommends adoption of the ordinance on second reading.
ATTACHMENTS:
1. September 10 2025 PC mins
2. Legal Ad 10.23 and 10.30 Cardinal News
3. Ordinance Chapter 78 Subdivision
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Page 1
PLANNING COMMISSION
MINUTES
Work Session, 5:30 PM, Council Chambers Conference Room, City Hall,
114 North Broad Street, Salem, Virginia 24153
Regular Session, 6:30 PM, City Hall, 114 North Broad Street, Salem, Virginia 24153
WORK SESSION
1. Call to Order
A work session meeting of the Planning Commission of the City of Salem, Virginia,
was held in the Council Chambers Conference Room, City Hall, 114 North Broad
Street, at 5:30 p.m., on Wednesday, September 10, 2025, there being present the
following members of said Commission, to wit: Denise P. King, Reid Garst,
Jackson Beamer, Mark Henrickson, and Nathan Routt, constituting a legal quorum,
with Chair King, presiding; together with Christopher Dorsey, City Manager and
Executive Secretary and, Robert Light, Assistant City Manager and Deputy
Executive Secretary, both ex officio members of said Commission, William
Simpson, Assistant Director Community Development and City Engineer, Mary
Ellen Wines, Planning & Zoning Administrator, Maxwell S. Dillon, Planner, and Jim
Guynn, City Attorney; and the following business was transacted:
Chair Denise King reported that this date, place, and time had been set in order for the
Commission to hold a work session. The work session meeting was called to order at
5:30 p.m.
2. New Business
A discussion was held regarding the items on the current agenda as well as the October
agenda as follows:
A. "Comprehensive Plan 2045" for the City of Salem
B. Chapter 78 Subdivisions’ code changes
C. Chapter 106 Zoning Ordinance Code changes
D. Items on the October agenda
1. 522 South Market Street RSF to HBD
3. Adjournment
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Page 2
Chair King adjourned at 6:19 p.m.
1. Call to Order
2. Consent Agenda
3. New Business
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Page 3
Consider adopting a resolution of recommendation regarding
Salem’s Comprehensive Plan “Back to Salem’s Future, Plan 2045”.
The plan addresses housing, redevelopment, open space, city
government, transportation, & infrastructure, land use, and other
information used to outline the City’s long-term vision and goals for
development and growth.
Max Dillon, Planner, greeted the Commission and began by providing a high-level recap
of the comprehensive plan, explaining that it had been in development for some time.
He explained that the Planning and Zoning staff had initiated the process for a new
comprehensive plan in October 2023. The goal from the beginning had been to develop
a plan that capitalized on the various elements that make Salem unique while recognizing
that cities must evolve over time to meet market demands, citizen preferences, and best
planning practices. To support this vision, the "Back to Salem’s Future" brand was
created, encompassing a set of strategies and actions intended to position Salem for a
promising future while honoring its historic identity. He elaborated that the plan
addressed numerous interconnected topics such as transportation, housing, parks, and
commercial redevelopment. It was organized into themes and strategies designed to
reflect the natural overlap among these issues. He emphasized that throughout the
planning process, staff had conducted extensive community engagement efforts. These
included online public polls, regular updates on the city website, social media posts, email
subscriptions, and a total of 10 public meetings and open houses. Subcommittees made
up of City Council members, Planning Commissioners, and staff also participated in
shaping the plan. Mr. Dillon acknowledged that many of the Commission members had
been deeply engaged in the process. He remarked that the planning occurred during a
particularly challenging period for local governments, where public engagement had
become increasingly contentious. Nonetheless, the plan prioritized inclusivity and the
diverse needs of the community. Mr. Dillon clarified that the plan encouraged a housing
portfolio supportive of various preferences and income levels while rejecting the idea of
growth for growth’s sake. Instead, it recognized that local realities and political factors
shape the future more than broad population projections. He pointed out that the plan
would serve as a foundation for future initiatives such as small area planning, a potential
housing study, and eventual zoning and subdivision ordinance rewrites. He mentioned
that although Salem participates in regional transportation planning through the Roanoke
Valley-Alleghany Regional Commission, the city had also requested a review from VDOT
to ensure alignment with broader state plans. VDOT confirmed the plan's compatibility in
a formal memo. He highlighted that one of the defining strengths of the document was
its structure. Many comprehensive plans, he noted, are adopted only to be forgotten
because of poor usability. This plan, however, had been deliberately designed to be user-
friendly, readable, marketable to businesses, accessible to citizens of various education
levels, and actionable by city staff. Mr. Dillon explained that instead of duplicating existing
strategic plans, the document referenced them and their sources. It also included an
"Action Plan" to help prioritize implementation strategies. He concluded by stating that
the plan satisfied Virginia State Code requirements, aligned with VDOT, and most
importantly, was based on community input and several rounds of revision. He
emphasized that while the current plan was a milestone, it marked the beginning of further
planning efforts.
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Page 4
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Page 5
appealing, she wanted assurance that residents would have opportunities to comment
during future zoning code revisions. She worried about the possibility of neighboring
properties being redeveloped into apartments or short-term rentals without proper
community input. She also questioned whether a 60-day review period could be granted
to allow further feedback, especially since the latest version was only uploaded to the
website on September 5th. She emphasized the importance of translating the plan’s
language and visuals into policies that benefit and reflect the community.
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Page 6
organization tweaks but no significant content changes.
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Page 7
construction of public improvements, Sections, 78-501 and 503, Article VI –
Requirements for design standards and public improvements, Sections 78-600,
602, 606, 607, 611, 615, 617, 625, 629, 634, and 642, Article VII – Vacation of
plats, Sections 78-701 and 706 of the CODE OF THE CITY OF SALEM,
VIRGINIA pertaining to plan review by designated agent and timeframe of local
approvals.
Mary Ellen Wines, Planning and Zoning Administrator, appeared before the Commission
explaining that, as the Commission was aware, the state legislature, in response to the
housing crisis, had made a decision this past year to streamline the development approval
process. This change applied specifically to Chapter 78, the subdivision ordinance, and
removed the Planning Commission from the development approval process. All the
changes referenced by Mr. Light, she continued, essentially indicated that the Planning
Commission was now removed from that role. Approval responsibility now rested with the
designated agent, who, per Commission bylaws, was determined to be the assistant City
Manager and, the Director of Community Development. Staff, as a whole, would continue
to review major site subdivision plans and major subdivision plats. These plans would still
go through a multi-departmental approval process. By state code, if these plans or plats
met code requirements, the City was obligated to approve them. This was not a flexible
or variable approval process — it was administrative. The state’s intent was to remove
barriers for localities, especially those where development approvals took years, in an
effort to help address the housing crisis.
Vice-Chair Garst asked, for the benefit of the public, what authority the Planning
Commission retained.
Ms. Wines answered that, in regard to major subdivisions and site plans, the Commission
retained none.
Chair King added that the removal of the Commission's authority was in response to the
housing crisis and acknowledged that several citizens had expressed dissatisfaction with
the change. However, she emphasized that the City had no control over the matter — nor
did City Council. Concerned citizens were encouraged to contact their state delegate and
senator.
Mr. Henrickson reiterated that the change was due to state code and not the City of
Salem’s own decisions. The changes were aimed at larger municipalities with more
complex bureaucracies. In contrast, Salem had historically processed development much
more efficiently. Still, he acknowledged that the City was bound to follow the state code.
Ms. Wines noted that Salem had been fortunate and was not experiencing the housing
crisis as acutely as other localities.
Mr. Henrickson commented that the tides were beginning to shift.
Ms. Wines responded with agreement.
Chair King opened the public hearing on the matter.
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Page 8
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Page 9
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Page 10
Chair King asked if there were any more questions or comments. Hearing none, she
entertained a motion.
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Page 11
visual character of these corridors, lots along those streets would be required to include
a substantial evergreen buffer. She continued that the next section of amendments would
be Section 106-318, the chicken-keeping regulations, noting that there were no changes
to the rules themselves. However, responsibility for inspections would shift from the Police
Department to the Community Development team in order to reduce the burden on law
enforcement. Next, she discussed proposed revisions to Section 106-400, which
addresses site plan requirements. She clarified that the actual process and requirements
were not changing—instead, the language would be revised for clarity, making it easier
to determine when a site plan is required and what type is applicable. She outlined three
types of site plans: a plot plan, typically a certified plat for minor additions or parking space
changes; a minor site plan, used for improvements like parking or landscaping that do not
involve utilities or stormwater; and a major site plan, which encompasses all aspects
including stormwater and utility work. Ms. Wines continued with Section 106-402
pertaining to nonconforming uses. She stated the current rule for legal non-conforming
sites is that if interior renovations exceed 25% of a building’s fair market value, the
property owner must also upgrade parking and landscaping—even if the exterior remains
untouched. She stated that this requirement has placed a strain on small businesses. To
address this, the proposed change would increase the threshold to 50% of the fair market
value before such upgrades would be triggered. Continuing, Ms. Wines explained that
also in Section 106-400 was the matter of zoning violations and the timeline for
addressing them. Currently, there is no deadline for completing required improvements
when a site plan is triggered by a violation. The proposal would establish a 90-day
construction deadline, with flexibility to grant extensions when weather or other factors—
such as the inability to plant trees in winter—interfere with compliance. She continued
that in Section 106-520 and 524 the code states that under current rules, if a lot does not
meet minimum frontage or width requirements, even if it is legally buildable, the owner
must first obtain a variance from the Board of Zoning Appeals before applying for a
rezoning or special exception. Ms. Wines described this as an unnecessary extra step
and proposed eliminating that requirement, especially since rezoning and special
exception applications are already subject to public hearings. Lastly, Ms. Wines noted
that clear definitions for the three site plan types plot, minor, and major—would be added
to Section 106-600 to ensure better understanding.
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Page 12
in the area. She encouraged the Commission to consider more intentional planning for
the future of these spaces. Referencing examples from Roanoke and elsewhere, she
highlighted successful conversions of industrial buildings into public spaces like
breweries, climbing gyms, and art centers. She suggested that creative reuse, including
elements like murals, lighting, seating, and sculptures, could help better integrate these
areas into the community and enhance their public appeal. She emphasized that shaping
the character of development was as important as permitting it and noted that even small
enhancements, such as trees and public art, could make a meaningful difference. Before
stepping down, she expressed her trust in the Commission's judgment.
4. Adjournment
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AN ORDINANCE TO AMEND, REVISE, AND REORDAIN CHAPTER 78, SUBDIVISIONS, ARTICLES I –
GENERALLY, SECTION 78-103, ARTICLE II – ADMINISTRATION, SECTIONS 78-200, 201, 204, AND 206,
ARTICLE III – DEFINITIONS, SECTION 78-300, ARTICLE IV – REVIEW OF PLATS, SECTIONS 78-400, 401,
402, 403, 404, 405, 406, 407, 408, 416, 421, AND ARTICLE V – SECURITY FOR THE CONSTRUCTION
OF PUBLIC IMPROVEMENTS, SECTIONS, 78-501 AND 503, ARTICLE VI – REQUIREMENTS FOR
DESIGN STANDARDS AND PUBLIC IMPROVEMENTS, SECTIONS 78-600, 602, 606, 607, 611, 615, 617,
625, 629, 634, AND 642, ARTICLE VII – VACATION OF PLATS, SECTIONS 78-701 AND 706 OF THE
CODE OF THE CITY OF SALEM, VIRGINIA PERTAINING TO PLAN REVIEW BY DESIGNATED AGENT AND
TIMEFRAME OF LOCAL APPROVALS.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, THAT SECTION 78-103,
ARTICLE I; SECTIONS 78-200, 201, 204, AND 206, ARTICLE II; SECTION 78-300, ARTICLE III;
SECTIONS 78-400, 401, 402, 403, 404, 405, 406, 407, 408, 416, 421, ARTICLE IV; SECTIONS78-
501 AND 503, ARTICLE V; SECTIONS 78-6002, 602, 060, 607, 611, 615, 617, 625, 629, 634, QNE
642, ARTICLE VI; AND SECTIONS 78-701 AND 706, ARTICLE VII OF CHAPTER 78, SUBDIVISIONS,
OF THE CODE OF THE CITY OF SALEM, VIRGINIA BE AMENDED, REVISED, AND REORDAINED TO
READ AS FOLLOWS:
Chapter 78 SUBDIVISIONS1
ARTICLE I. GENERALLY
Sec. 78-103. Jurisdiction and applicability of chapter.
planning commission or agent in accordance with this chapter.
.
1Editor's note(s)—Printed herein is the Salem Subdivision Ordinance adopted by City Council on March 14, 2005,
effective July 1, 2005.
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ARTICLE II. ADMINISTRATION
Sec. 78-200. Planning commission.
Sec. 78-201. Designated Agent.
(a) The planning commission is appointed by city council to administer and enforce this
chapter.
) All departments, officials and public employees of the city who are vested with
the duty or authority to issue permits or approvals under this chapter shall adhere and
conform to the provisions of this chapter. Any such approvals or permits issued in conflict
with the provisions of this chapter shall be null and void.
Sec. 78-201.1. Designated Agent authority to consult.
(a) The planning commission or its agent Designated Agent may call for opinions or decisions,
either oral or written, from the city attorney, other departments or other agencies in
considering details of any submitted plat.
Sec. 78-201.2. Designated Agent additional authority.
(a) The Designated Aagent may establish any reasonable administrative procedures deemed
necessary for the proper administration of this chapter.
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Sec. 78-204. Enforcement.
planning commission Designated Agent, or its
designee, as appropriate.
Designated Aagent and city attorney may take such other legal action as may be
necessary to enforce the provisions of this chapter, including suit for injunction, for
abatement or restraining order or other appropriate proceeding.
planning commission
Designated Agent may waive standards contained in Article VI of this chapter, under the
terms, procedures, and conditions established in this chapter. No waiver shall be granted
which is illegal or which would prejudice the health and safety of citizens of the city.
Designated Aagent to allow
the planning commission Designated Agent to understand and act on the waiver.
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Sec. 78-206.2. Authority to grant waiver.
planning commission Designated Agent shall review, approve or disapprove any
request for a waiver.
planning commission Designated Agent shall take action on a request for a waiver
within 60 days after the application is filed. Aat least ten days prior to final action, the
planning commission Designated Agent shall give written notice by regular mail or by
delivery to landowners adjoining the plat involved in the request.
planning commission Designated Agent shall grant or deny each request in
writing, stating the reasons therefore. The action of the Designated Agentplanning
commission shall be final. As to each waiver, the planning commission Designated
Agent shall preserve and record the application and the basis for the waiver or denial
of the waiver.
ARTICLE III. DEFINITIONS
Sec. 78-300. Definitions.
Acceptance: The point when the public improvement is either:
Designated Agent: Representatives of the planning commission who have been
appointed to The City Manager or his or her designee shall serve as its Designated Aagent
in administering this chapter, as hereinafter is specifically provided.
Aggrieved person: A person or group of people with an immediate, pecuniary and
substantial interest in a subdivision as opposed to a remote or indirect interest. The
subdivider may be an aggrieved person. A person is also aggrieved if the person suffers a
denial of some personal or property right or imposition of a burden or obligation different
from that suffered by the public in general.
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Alley: A service roadway providing a secondary means of access to abutting property
and not intended for general traffic circulation.
Boundary line adjustment: The adjustment of a common lot line between two or
more lots within a subdivision, or the vacation of a lot line for the purpose of combining
two or more lots. A boundary line adjustment shall not include any action which results in
the creation of one or more additional building lots, nor the vacation of any street, alley,
access easement, or other public feature.
CBR: California Bearing Ratio.
Chapter: The "Subdivision Ordinance of Salem Virginia.
Circuit Court: The Salem Virginia Circuit Court.
Commission: The planning commission of Salem, Virginia.
Dedication: The transfer of private property to public ownership and use as a
requirement of plat and/or plan approval.
Final subdivision plat: The map of a subdivision submitted to the Designated Aagent
for final approval and subsequently to be recorded with the Clerk of the Salem Circuit
Court.
Governing body: The City Council of Salem, Virginia.
Major subdivision: A subdivision creating six or more lots, or any subdivision involving
the creation of a public or private rights-of-way.
Minor subdivision: A subdivision creating five or fewer lots.
Performance security: Cash in the form of a certified check payable to the city, cash
escrow agreement, or letter of credit.
Preliminary plat: The preliminary drawing or drawings, including the elements
required by this chapter, indicating the proposed manner or layout of the subdivision to be
submitted for approval.
Public improvement: Any drainage ditch, roadway, parkway, sidewalk, bicycle or
pedestrian way, or other facility for which the City may ultimately assume the
responsibility for maintenance and operation, or which may affect an improvement for
which local government responsibility is established.
Resubdivision: A change in a map or an approved or existing subdivision plat if such
change affects any street layout on such map or area reserved thereon for public use or
any lot line.
Sidewalk: A paved walk located in a rights-of-way adjacent to the public street.
Street, arterial: A heavily traveled thoroughfare or highway that carries a large
volume of through traffic.
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Street, collector: A street that conducts traffic between arterial and local streets and
provides for the collection of traffic within, or for an entrance to, or a principal means of
circulation within one or more subdivisions.
Street, cul-de-sac: A street with only one outlet and an appropriate turnaround for a
safe and convenient reversal of traffic movement.
Street, local: A street that provides direct public access to the abutting properties.
Street width: The total width of the improved vehicle travel way as measured from
face of curb to face of curb, or edge of pavement to edge of pavement for roads without a
curb.
Subdivide: To divide any tract, parcel or lot of land into two or more parts for the
purpose, whether immediate or future, of transfer of ownership or building development,
and including all changes in street or lot lines.
Subdivider: An individual, corporation, partnership, or other entity owning any
property to be subdivided.
Subdivision site plan: The maps or drawings accompanying a subdivision plat and
showing the specific location and design of public improvements to be installed in the
subdivision in accordance with the requirements of the subdivision ordinance as a
condition of approval of the plat.
VDOT: Virginia Department of Transportation.
ARTICLE IV. REVIEW OF PLATS
Sec. 78-400. Submission of plat and plans to Designated Aagent.
(a) Whenever the owner of any tract of land located at least in part within the city desires to subdivide the tract,
and before the sale of any lot located in said subdivision, the subdivider shall submit a plat and subdivision
site plan of the proposed subdivision to the Designated Aagent. The Designated Aagent shall process the
plat and plan in accordance with the provisions of this article.
(b) Any change in a recorded subdivision plat that modifies, or creates lot lines shall be approved in the manner
and under the requirements provided herein. This section applies to any subdivision plat of record, whether
or not recorded prior to the adoption of a subdivision ordinance. Where a street, alley, easement for public
passage, or other public area or easement laid out or described in such plat is affected, the plat, or pertinent
part thereof, shall be vacated prior to resubdivision.
Designated Aagent may waive the
procedural requirements of this chapter and approve the minor adjustment of boundary
lines of any two legal lots or record, provided no additional lots are created. No such
boundary line adjustment shall involve the relocation of any street, alley, easement for
public passage, or other public area. No easement or utility rights-of-way shall be adjusted
or relocated without the express consent of all persons holding any interest therein.
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(b) All boundary line adjustments shall be depicted on a valid plat which shall be executed,
acknowledged, and recorded by the owner or owners of such land as provided in § 15.2-
2264 of the Code of Virginia.
Designated Aagent for review. Any applicant for a major subdivision
involving 50 or fewer lots may submit a preliminary plat. After the approval of the preliminary
plat by the Designated Aagent, the applicant shall submit a final plat to the planning
commission Designated Agent and a subdivision site plan to the Designated Aagent for review
and approval.
planning commission Designated Agent for its review and approval.
Designated Aagent may determine that a series of minor subdivision plats in fact
constitutes a major subdivision if the series of plats relates to the same parcels or related
groups of parcels. If the Designated Aagent determines that the series of plats in fact
constitutes a major subdivision then the Designated Aagent shall require the subdivider to
follow the process for the review of major subdivision plats.
planning commission or
Designated Aagent, unless authorization for such change has been granted in writing by
the planning commission or Designated Aagent. In no case shall the planning commission
or Designated Aagent approve a revision of a previously approved plat unless the date of
the revision and the fact that it is a revised plat is clearly stated thereon.
Designated Aagent to review a concept
sketch for any proposed minor or major subdivision, in order to determine whether the
sketch generally meets the requirements of the zoning and subdivision ordinances, and to
identify any concerns or issues raised by the proposed subdivision. The Designated
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Aagent's comments on the sketch shall be informal, and shall not constitute a formal
approval or disapproval of the subdivision plat.
Sec. 78-407. Concept sketch standards.
(a) The concept sketch should conform to the following guidelines:
(1) Be drawn on white paper or on a print of a topographic map of the property.
(2) Be at a scale of not less than 200 feet to the inch.
(3) Include the name, location, dimensions of all streets entering the property, adjacent
to the property or terminating at the boundary of the property to be subdivided.
(4) Show the approximate location of natural features, such as watercourses and slopes
with approximate gradients.
(5) Show the approximate location and dimensions of all proposed streets, lots, parks,
playgrounds and other proposed uses of the land to be subdivided.
(6) Include the approximate dimensions of the property to be subdivided.
Sec. 78-408. Preliminary plats.
Sec. 78-408.1. Size and information required on a preliminary plat.
planning commission or Designated Aagent, the preliminary
plat shall be signed by the owner of the land proposed for subdivision. The signature shall
certify that the owner is aware of the requirements imposed by the plat and applicable city
codes, and shall further certify that the owner agrees to comply with these requirements,
unless modified in accordance with the City Code.
Designated Aagent may require the following
elements:
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(9) Identification of any graves, objects, or structures marking a place of human burial.
(10) Scale of drawing.
(11) Boundary survey.
(12) Total acreage in overall parcel or parcels involved.
(13) Total acreage of subdivided area.
(14) Number of lots.
(15) Area of each lot.
(16) Frontage of each lot.
(17) Purpose of dedication of land to public use, if any.
(18) Area, if any, in common open space, park or public lands.
(19) Names of all existing, platted and proposed streets.
(20) Width of existing, platted and proposed streets.
(21) Location of existing buildings within the boundaries of the tract.
(22) Existing and proposed utility and other easements.
(23) Any sidewalks or bikeways proposed.
(24) Existing and proposed storm drainage facilities and provisions for stormwater
management.
(25) Location and names of water courses.
(26) Topography at contour intervals satisfactory to the Designated Aagent for full
engineering review.
(27) Road profiles showing existing and proposed street grades.
(28) Proposed connections with existing sanitary sewers.
(29) Proposed connections with existing water supply.
(30) Contiguous land owned or controlled by the subdivider.
Sec. 78-408.3. Acceptance of preliminary plat and plan.
(a) The Designated Aagent is authorized to reject a preliminary plat or subdivision site plan on
account of significant deficiencies.
(b) Preliminary plats or subdivision site plans which are found deficient shall not be accepted
until the deficiencies have been properly addressed and remedied. Resubmittals shall
reactivate the review period.
(c) A preliminary plat or subdivision site plan accepted for review and accompanied by the
correct fee shall be deemed officially submitted to the city.
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(d) For all subdivisions, the Designated Aagent shall review the accepted preliminary plat and
subdivision site plan.
Designated Aagent shall act to approve or disapprove the preliminary plat within 60
45 days of its acceptance; provided, however, that if referral to a state agency for review is
necessary, the Designated Aagent shall act within 45 20 days after receiving approval from
all state agencies. If a plat is disapproved, the Designated Aagent shall state the reasons
therefore and shall state what corrections or modifications will permit approval of the
preliminary plat by the planning commission or Designated Aagent.
Designated Aagent may revoke such approval upon a specific finding of
facts that the subdivider has not diligently pursued approval of the final subdivision plat.
Designated Aagent, the subdivider may
request an extension for the recordation of the final plats of the subdivision from the
planning commission Designated Agent. The final plats for all phases must be recorded
within five years of the first recordation of a final plat for any phase, unless this period is
extended by the planning commission Designated Agent within 45 days of the approval of
the preliminary plat. The planning commission Designated Agent may grant the extension
for such time as it may deem to be reasonable, taking into consideration the size and
phasing of the proposed subdivision. The final plats for unrecorded phases shall be subject
to the terms and conditions of the engineering and construction standards and zoning
requirements in effect at the time that each remaining phase is recorded, except if they
conflict directly with the approved preliminary plat.
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Created: 2025-04-03 18:08:48 [EST]
Sec. 78-408.7. Appeal of failure to act on preliminary plat.
Designated Aagent fails to approve or disapprove the preliminary plat within 90 days
after it has been officially submitted for approval, the subdivider, after ten days' written
notice to the planning commission or Designated Aagent, may petition the circuit court
for an order with respect thereto as it deems proper, which may include directing approval
of the plat.
Designated Aagent disapproves a preliminary plat and the subdivider contends that
the disapproval was not properly based on the ordinance applicable thereto, or was
arbitrary or capricious, the subdivider may appeal to the circuit court which shall hear and
determine the case as soon as may be. The appeal must be filed with the circuit court
within 60 days of the written disapproval by the planning commission or Designated
Aagent.
Sec. 78-416.1. Subdivision site plan specifications.
Designated Aagent has approved
an alternate scale.
General information:
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h. Date drawing prepared, and revision dates.
(2) General notes:
a. Name and address of owner and developer.
b. Address and tax parcel number of property to be subdivided.
c. Zoning district.
d. Number of lots.
e. Total area of subdivision.
f. Means of providing public water and sewer service to each lot.
(3) Street information:
a. Plan and profile of all streets.
b. Vertical and horizontal curve data for all streets.
c. Sight distances.
d. Typical section of all streets including pavement structure proposed and typical
grading.
e. Traffic projections and analysis where necessary to estimate warrants for
signalization, turn lanes, and other related features.
(4) Stormwater management information:
a. Engineering calculations establishing pre- and post-development runoff for the
subdivision.
b. Detention facility calculations establishing the adequacy of proposed measures
and downstream channels.
c. Erosion and sediment control plan and narrative.
d. Plan and profile and grading of a typical section of proposed detention facilities.
(5) Drainage information:
a. Plan and profile of all proposed street drain pipes and channels identifying all
inlets, specifying material type and size, with design of invert and top elevation.
b. All existing and proposed drainage easements.
c. Watercourses, springs and other natural drainage features.
(6) Water supply information:
a. Plan and profile, including material, size, cover and utility crossings, of existing
and proposed water mains.
b. Existing and proposed hydrants, valves and other associated features.
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c. Existing and proposed service laterals and meter locations.
d. Existing and proposed easements.
e. Fire flow and water pressure calculations.
(7) Sanitary sewer information:
a. Plan and profile, including material, size, cover, grade, structures, invert, top
elevation and utility crossings.
b. Existing and proposed service laterals and clean out locations.
c. Existing and proposed easements.
d. Downstream sewer capacity analysis.
e. Lowest floor elevation sewerable by gravity on each lot.
(8) Other information:
a. Information, details or design as necessary to demonstrate or achieve
compliance with the standards of this chapter.
b. Existing and proposed topographic lines at two-inch intervals.
Sec. 78-416.2. Waiver of subdivision site plan elements.
(a) The Designated Aagent may waive the requirement to show on the subdivision site plan
specific items if, in his or her opinion, and based on recognized engineering principles and
in an effort to achieve the goals of this chapter, they are unnecessary to determine
compliance with appropriate codes and standards and ordinances. Such waiver shall not
be construed to authorize the reduction or waiver of any standard or required
improvement.
Sec. 78-416.4. Process for approval of subdivision site plans.
(a) Subdivision site plans for the design and construction of required public facilities shall be
submitted with the final plat. The Designated Aagent shall approve or disapprove plans
within 6040 days of their submission. In the event of the failure of the Designated Aagent
to act within such period, the plans may be submitted, after ten days' notice to the city, to
the circuit court for its approval or disapproval.
Sec. 78-416.5. Effect of approval.
(a) Approval by the Designated Aagent of the subdivision site plan shall, upon issuance of all
necessary permits including, but not limited to, land disturbing permits constitute
authority to commence development and construction activities which are in accordance
with the approved plan but only within such section or sections which have received
approval. Nothing in this provision however, shall be interpreted to authorize the
construction of any structure on any proposed lot other than such structures which are
appurtenant to utility installations.
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Sec. 78-421. Final plats.
Sec. 78-421.1. Elements of final plats.
Designated Aagent has
approved an alternate scale, on sheets being 18 by 24 inches in size.
General information:
Designated Aagent.
General notes:
Plat information:
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g. Boundaries of proposed and existing rights-of-way with metes and bounds
description, stated in one consistent direction.
h. Rights-of-way width of each existing and proposed, interior and adjacent, rights-
of-way.
i. Names (and state route numbers where applicable) of all existing and proposed
streets and alleys.
j. Boundaries of any proposed common area or open space or public dedicated
area, with metes and bounds.
k. Intended use of any common area, open space, or public dedicated area.
l. Boundaries of proposed and existing easements, with bearings and distances
where necessary to establish location.
m. Curve data table including curve number, arc length, tangent length and bearing,
and radius.
n. Major watercourses.
o. Floodplain boundaries.
p. Identification of graves, objects or structures marking a place of burial.
q. All conditional zoning proffers, special exception conditions, or Board of Zoning
Appeals actions applicable to the site.
(4) Statements and certifications:
a. Owner's consent and dedication statement (notarized).
b. Surveyors source of title statement (signed and dated by a Virginia Licensed
Surveyor).
c. Owner's conforming statement (notarized).
d. Approval block providing for signature and date.
Sec. 78-421.4. Deadline for filing final plat and plans for major subdivisions.
(a) The subdivider shall file with the Designated Aagent the final plat and final subdivision
site plans meeting the standards of this chapter for all or one or more sections of the
subdivision within one year of the Designated Aagent's approval of the preliminary plat.
Sec. 78-421.5. Review of final plat.
(a) The Designated Aagent, or the planning commission, as appropriate, shall approve the
final plat, if found to be in conformity with the requirements of law and this chapter, within
6040days after it has been officially submitted or resubmitted for approval.
(b) The final subdivision plat, including the final plat for each phase of a multi-phase
development, shall demonstrate compliance with this chapter, the zoning ordinance, and
other applicable city standards and ordinances.
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(c) The Designated Aagent shall not approve a final plat until any necessary deed of
dedication has been submitted and approved by the city attorney. A deed of dedication is
required to convey parkland, pump station sites, and other property to the city. One is not
necessary to convey streets, alleys, any easement for public passage, or an easement for
the conveyance of stormwater, domestic water or sewage.
Designated Aagent shall not approve a final plat until any necessary subdivision
agreement, with surety has been submitted and approved by the city attorney.
Designated Aagent shall not approve a final plat until any required
deeds of easement to a homeowner's association are submitted and approved by the city
attorney.
Designated Aagent, no change, erasure or revision shall be
made on the plat or accompanying data sheets unless authorization for such change has
been granted in writing by the Designated Aagent.
Designated Aagent shall give the subdivider specific reasons
for denial, and these may be contained in a separate document or may be written on the
plat. They shall relate in general terms such modifications or corrections as will permit
approval of the plat.
Designated Aagent; or, if
Designated Aagent by certified check, cash
escrow, bond, or letter of credit in the amount of the estimated cost of construction
for such facilities.
Designated Aagent
shall record both the final plat and the deed of dedication.
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(e) If the subdivider fails to timely record the final plat, then the approval shall become null
and void and the subdivider shall return the plat to the Designated Aagent so that it may
be so marked.
planning
commission Designated Aagent at the time of approval of the preliminary plat, as
provided in section 78-408.6 above.
Designated Aagent approves in accordance with this chapter a plat or replat of
land, then upon the recording of the plat or replat in the circuit court clerk's office, all
rights-of-way, easements or other interest of the city in the land included on the plat or
replat, except as shown thereon, shall be terminated and extinguished.
Designated Aagent or planning commission fails to approve or disapprove a final
plat within 6040 days after it has been officially submitted for approval, or 30 days if the
plat had previously been disapproved, the subdivider, after ten days' written notice to the
Designated Aagent, may petition the circuit court to decide whether the plat should or
should not be approved. The court shall hear the matter and make and enter an order with
respect thereto as it deems proper, which may include directing approval of the plat.
Designated Aagent or planning commission disapproves a final plat and the
subdivider contends that the disapproval was not properly based on the ordinance
applicable thereto, or was arbitrary or capricious, the subdivider may appeal to the circuit
court within 60 days of the written disapproval.
ARTICLE V. SECURITY FOR THE CONSTRUCTION OF PUBLIC IMPROVEMENTS
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Sec. 78-501. Subdivision agreement.
(a) When a subdivider chooses to post surety in lieu of completion of those physical improvements shown on an
approved plan and/or final plat in order to allow recordation prior to completion and acceptance of all
required improvements, the subdivider shall enter into a subdivision agreement, approved as to content and
form by the city attorney, with the city prior to approval of the final plat. The Designated Aagent shall
provide the subdivider with a sample subdivision agreement during review of the final plat.
Designated Aagent shall require a report
containing the following information from the subdivider:
Designated Aagent shall not permit a subdivision agreement to be executed where,
on the basis of the report submitted by the subdivider, it is apparent that the
improvements or installations covered by said agreement cannot reasonably be expected
to be completed by the deadline established therein.
Sec. 78-502. Reserved.
Sec. 78-503. Security required.
Designated Aagent, in an amount sufficient for and conditioned upon
the construction of such facilities.
Designated Aagent as to the bank or savings
institution, the amount and the form. The letter of credit may be used in lieu of the
certified check, cash escrow, or bond in subsection (a).
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Sec. 78-503.1. Periodic partial release of security.
Designated Aagent is authorized to make
periodic partial releases of the security.
Designated Aagent shall make periodic partial releases of such bond, escrow, letter of
credit, or other performance guarantee in a cumulative amount equal to no less than 90
percent of the original amount for which the performance guarantee was taken.
Designated Aagent shall provide for the periodic partial release of any bond, escrow,
letter of credit, or other performance guarantee required by this chapter within 30 days
after receipt of written notice by the subdivider or developer of completion of part or all of
any facilities required to be constructed.
Designated Aagent notifies the subdivider or
developer in writing of non-receipt of approval by the applicable state agency or of any
specified defects or deficiencies in construction and suggested corrective measures prior
to the end of the 30-day period.
Designated Aagent within the 30-day time period, the
request shall be deemed approved and a partial release granted to the subdivider or
developer.
Designated Aagent shall approve or deny
the request within ten working days of receipt of the request for final release. If no action
is taken the request shall be deemed approved and final release granted to the subdivider
or developer.
Designated Aagent shall
release any remaining bond, escrow, letter of credit, or other performance guarantee to
the subdivider or developer. For the purpose of final release, the term "acceptance"
means: when the public facility is accepted by and taken over for operation and
maintenance by the city or other public agency which is responsible for maintaining and
operating such facility.
Designated Aagent shall not refuse to make a periodic partial or final release of a
bond, escrow, letter of credit, or other performance guarantee for any reason not directly
related to the specified defects or deficiencies in construction of facilities covered by said
bond, escrow, letter of credit, or other performance guarantee.
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Sec. 78-503.4. Use of security.
Designated Aagent shall declare the subdivider to be in default and shall draw on the
posted surety. After the funds or proceeds from the property have been received, the
Designated Aagent shall cause such improvements to be completed. The subdivider shall
be fully and completely responsible and liable for the entire cost of completing the
improvements, even when such cost exceeds the amount of surety.
Designated Aagent and the city attorney shall proceed to obtain such funds from the
subdivider, its successor or assigns including such reasonable costs as may be expended in
the process.
ARTICLE VI. REQUIREMENTS FOR DESIGN STANDARDS AND PUBLIC
IMPROVEMENTS
Sec. 78-600. Land must be suitable.
planning commissionDesignated Aagent shall have the
authority to deny any preliminary or final subdivision plat if the planning
commissionDesignated Aagent finds the land to be unsuitable for the purposes for which
it was intended.
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subdivision shall pay a proportionate share of the cost of the facilities, in accordance with
this section.
(b) No such payment shall be required until the city council has established (or has committed
itself by ordinance to the establishment of) a general sanitary sewer, water or drainage
improvement program for an area having related and common sanitary sewer, water and
drainage conditions, or any of them, and within which the land to be subdivided is located.
The city may develop and administer all three programs together or any one, or other
number, separately or jointly.
(c) The program shall include regulations that establish reasonable standards to determine
the proportionate share of the total estimated cost of ultimate sanitary sewerage, water
and drainage facilities required adequately to serve a related and common area, when and
if fully developed in accord with the comprehensive plan, that shall be borne by each
subdivider or developer within the area.
(d) The share to be borne by each subdivider shall be limited to the proportion of such total
estimated cost which the increased sanitary sewerage flow, water use or increased volume
and velocity of stormwater runoff to be caused by the proposed subdivision bears to the
total estimated volume and velocity of such sanitary sewerage, water or runoff from such
area in its fully developed state. In calculating the volume and velocity of stormwater
runoff, the city shall take into account the effect of all on-site stormwater facilities or best
management practices constructed or required to be constructed by the subdivider or
developer and give appropriate credit therefore.
(e) Each such payment received shall be expended only for the necessary engineering and
related studies and the construction of those facilities for which the payment was required
and, until so expended, shall be held in an interest-bearing account for the benefit of the
subdivider. In lieu of such payment, the Designated Aagent may accept a letter of credit
satisfactory to the Designated Aagent conditioned upon the payment at the
commencement of construction. The payments received shall be kept in a separate
account for each of the individual improvement programs until such time as they are
expended for the improvement program. All payments shall be released and used, with
any interest earned, as a tax credit on the real estate taxes on the property if construction
of the facilities identified in the established water, sewer and drainage programs is not
commenced within 12 years from the date of the posting of the payment.
(f) Nothing in this section shall imply or constitute an obligation on the part of the city to
upgrade or construct any sanitary sewerage, water or storm drainage facilities or prevent
the subdivider from constructing on his own account and to satisfy his own schedule such
off-site facilities necessary or desirable for the safe and proper provision of utility service
to the subdivision in accordance with this subdivision chapter and other ordinances and
standards of the city.
Sec. 78-606. Lot dimensions.
(a) Lot dimensions shall comply with the minimum standards of the Salem Zoning Ordinance.
Where lots are more than double the minimum required area for the zoning district, the
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planning commissionDesignated Aagent or agent may require that those lots be arranged
so as to allow further subdivision and the opening of future streets where they would be
necessary to serve potential lots, all in compliance with the zoning ordinance and this
chapter.
(b) In general, side lot lines shall be at right angles to street lines (or radial to curving street
lines) unless a variation from this rule will give a better street or lot plan. Depth and width
of properties reserved or laid out for business, commercial, or industrial purposes shall be
adequate to provide for the off-street parking and loading facilities required for the type of
use and development contemplated, as established in the zoning ordinance. Townhouse
lots may be subdivided along the party walls into lots smaller than those normally allowed
for single-unit dwellings.
Sec. 78-607. Lot orientation.
(a) Except as may be allowed by the zoning ordinance, each lot shall be served by and abut on
a public street dedicated by the subdivision plat or on an existing public street. Lots shall
be arranged so that each lot may access a local street, unless the parent parcel fronts only
on an arterial or collector street and the parcel depth is insufficient to accommodate the
construction of a new local street.
(b) No lot shall have reverse frontage on any public street. Planning commissionThe
Designated Aagent may waive this requirement.
Sec. 78-611. Street names.
(a) Street names shall be indicated on the preliminary and final plats and shall be approved by
the Designated Aagent or planning commission, as appropriate. Proposed streets which
are in alignment with others already existing and named shall bear the name of the
existing street. In no case shall the name of the proposed streets duplicate or be similar,
literally or phonetically, to existing street names, regardless of the use of the terms street,
avenue, boulevard, driveway, place, lane, court, etc. Names of existing streets shall not be
changed except by the approval of the city council.
Sec. 78-615. Approach angle.
(a) All streets shall approach arterial or collector streets at an angle of not less than 80
degrees unless the planning commissionDesignated Aagent, by waiver, shall approve a
lesser angle of approach for reasons of contour, terrain, or matching existing patterns.
Sec. 78-617. Minimum rights-of-way widths.
(a) The minimum rights-of-way width of proposed streets shall be 50 feet.
(b) If the existing streets within the subdivision are not 50 feet in width the subdivider shall
dedicate by subdivision plat so that such streets will meet the standards of this chapter.
(c) If the existing streets abutting the subdivision are not 50 feet in width, and if the need for
additional rights-of-way width is generated, in whole or in part, by the proposed
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subdivision, the subdivider shall dedicate by subdivision plat additional rights-of-way so
that such streets will have a width of 25 feet from the center line where the street abuts
the subdivided parcel.
(d) The Designated Aagent may require additional rights-of-way width where Virginia
Department of Transportation standards for the traffic generated by the subdivision
require additional width.
(Ord. of 3-14-05(1))
Sec. 78-625. Blocks.
Length: The length of blocks shall be determined by public safety, traffic flow, and
natural topography considerations. Where streets are approximately parallel,
connecting streets shall be provided between the parallel streets at reasonable
intervals as established by application of the criteria in the preceding sentence. In
general, residential blocks should be between 500 feet and 1,200 feet in length.
Width: Blocks shall be designed in two tiers of lots, except where prevented by the
natural topography, size of the property, or adjoining railroads or waterways, in which
case the Designated Aagent may approve a single tier of lots. Where the property to
be subdivided adjoins an arterial road, the Designated Aagent may require a single
tier of lots and a restricted access easement along the arterial road.
Orientation: Where a proposed subdivision adjoins an arterial or collector road, the
Designated Aagent may require that blocks be oriented and designed to limit or
reduce the number of points of access to that road.
Designated Aagent or planning
commission. Such monuments shall be clearly visible and shall be inspected and approved
by the Designated Aagent before any improvements are accepted by the governing body.
Designated Aagent shall consider the
following criteria: the proximity of public sewer lines; engineering feasibility and cost of
extension of such lines to serve the subdivision; appropriateness of the area and soils for
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septic sewer service; public health and safety of the proposed subdivision; and the city's
plans for sewer line extension or service in the area.
(d) Unless public sewer is determined not to be available, the subdivider shall install the
sanitary sewer system within the subdivision, in accordance with city standards and upon
its completion, shall dedicate and convey title to the sanitary sewer system to the city.
Sec. 78-642. Public utility easements.
(a) The subdivider shall convey a 15-foot wide common or shared public utility easement
centered on all interior lot lines and interior to all perimeter lot lines, to franchised cable
television operators furnishing cable television and public service corporations furnishing
cable television, gas, telephone, and electric service to the subdivision. Such easements
may be conveyed by reference on the final recorded plat.
(b) The Designated Aagent may require a wider easement where necessary to provide
adequate separation between water, sewer, and/or stormwater management facilities
ARTICLE VII. VACATION OF PLATS
Sec. 78-701. Vacation of plat before sale of lot therein; by the owners.
Designated Aagent shall refer the
application to the planning commission, which shall review the application for its
consistency with the comprehensive plan. The planning commissionDesignated Aagent
shall forward the application, with its recommendation, to the city council for action.
Designated Aagent shall cause similar
notations to be made on any official copy of the plat retained by the city.
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Page 25 of 25
(Ord. of 3-14-05(1))
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Item #: 5.B.
AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM,
VIRGINIA HELD AT CITY HALL
MEETING DATE: November 24, 2025
AGENDA ITEM: Amendment to City Code - Chapter 106
Consider adoption of ordinance on second reading
amending Chapter 106 – Zoning, Article II – District
Regulations, Section 106-232 pertaining to Industrial park
overlay district; Article III – Use and design standards,
Section 106-318 pertaining to Urban agriculture; Article IV –
Development standards, Section 106-400 pertaining to site
plans, 402 pertaining to nonconforming uses and sites, 406
pertaining to plot plans; Article V – Administration, Section
106-520 pertaining to amendments to ordinance, 524
pertaining to special exception permits and use not provided
for permits; Article VI – Definitions and Use Types, and
Section 106-600 pertaining to site plans, of the CODE OF
THE CITY OF SALEM, VIRGINIA. (Adopted on first reading
at the November 10, 2025, meeting.)
SUBMITTED BY: Mary Ellen Wines, Planning & Zoning Administrator
SUMMARY OF INFORMATION:
As the current zoning ordinance was adopted on March 14, 2005, routine updates and
amendments are required to support the City’s needs and align with state code
requirements. Modernizing standards and practices helps to ensure regulations stay
compliant, while also enabling existing and prospective businesses to expand and
thrive in harmony with the community at large. Logistical challenges/confusion and/or
inconsistencies in the ordinance prove challenging for our citizenry as a whole.
To that extent, the following code changes have been proposed.
Section 106-232, Industrial park overlay district would include not only south
Salem Industrial Drive, but also Southside Drive, Cook Drive, Midland Road, and
Intervale Drive. As industrial businesses are the major backbone of the city, it is
important to allow flexible regulations in appropriate locations when they pertain to
expansion and growth. The flexibility included in this overlay district is safeguarded by
corresponding screening requirements along major corridors.
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Section 106-318.1, Keeping of chickens was originally adopted in 2012 and charges
the Animal Control Office of the Police Department with inspecting each pen. Those
departments have experienced a downturn in staffing, and as a result, it has become
apparent that their focus should lie elsewhere. The inspection of pens would instead
fall to the Community Development Department. Community Development has
installed a new software program that allows automatic renewals of the permits, and
this change would also prompt the renewal on a calendar year basis instead of a fiscal
year basis.
Section 106-400, Development Standards has been a bit unclear regarding when a
site plan is required and what type of site plan needs to be submitted for review. In
order to ensure consistency and improve the development review process, staff
proposes changes that define a plot plan, minor site plan, major site plan, and if/when
each is required. In the spirit of promoting a business-friendly development
environment, staff proposes a reduction in the threshold (based on a percentage of
fair market value of improvements) that require a site plan and corresponding site
improvements. Currently, the threshold of improvements is 25% or more of the fair
market value of the structure. Staff proposes to increase that threshold to 50%,
thereby enabling small businesses to renovate/expand without significant additional
hurdles.
Additionally, when a site plan is required due to a violation of the zoning ordinance,
the ordinance currently lacks a mechanism to ensure construction of corresponding
site plan components in a timely manner. Staff proposes that the work included in an
approved site plan due to a zoning violation be fulfilled/installed within 90 days of
approval.
Sections 106-520 & 524 Amendments to ordinance and special exception
permits. Currently, if a lot or parcel does not meet the minimum lot area, width, or
frontage requirements, an applicant must apply to the Board of Zoning Appeals for a
variance prior to acceptance of a land use application. Because an amendment
and/or a permit request must go through the public hearing process, staff feels that if
additional conditions are warranted, it can be handled through that existing process
instead of an additional variance request. There are many substandard legal
nonconforming lots located within the city. As these are “grandfathered” lots and can
be developed in their current state, the extra step for a variance seems unwarranted.
Section 106-600 Definitions. The definitions for plot plan, minor site plan, and major
site plan have been added.
REQUIREMENTS:
The proposed Code changes have been reviewed by the City Attorney and meet the
requirements of Section 15.2-2285 of the Code of Virginia related to the preparation
and adoption of a zoning ordinance.
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FISCAL IMPACT:
STAFF RECOMMENDATION:
Staff recommends adoption of the ordinance on second reading.
ATTACHMENTS:
1. Ordinance Chapter 106 Zoning - proposed code changes
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AN ORDINANCE TO AMEND, REVISE, AND REORDAIN CHAPTER 106, ZONING, ARTICLE II – DISTRICT
REGULATIONS, SECTION 106-232 PERTAINING TO INDUSTRIAL PARK OVERLAY DISTRICT; ARTICLE
III – USE AND DESIGN STANDARDS, SECTION 318 PERTAINING TO URBAN AGRICULTURE; ARTICLE
IV – DEVELOPMENT STANDARDS, SECTIONS 106-400 PERTAINING TO SITE PLANS, 106-402
PERTAINING TO NONCONFORMING USES AND SITES, AND 106-406 PERTAINING TO PLOT PLANS;
ARTICLE V, ADMINISTRATION, SECTION 106-520 PERTAINING TO AMENDMENTS TO ORDINANCE
AND 106-524 PERTAINING TO SPECIAL EXCEPTION PERMITS AND USE NOT PROVIDED FOR
PERMITS; AND ARTICLE VI– DEFINITIONS AND USE TYPES, SECTION 106-600 PERTAINING TO SITE
PLANS OF THE CODE OF THE CITY OF SALEM, VIRGINIA
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, THAT SECTION 106-232,
ARTICLE II; SECTION 106-318, ARTICLE III; SECTIONS 106-400, 402, AND 406, ARTICLE IV;
SECTIONS 106-520 AND 524, ARTICLE V; AND SECTION 106-600, ARTICLE VI, ZONING, OF THE
CODE OF THE CITY OF SALEM, VIRGINIA BE AMENDED, REVISED, AND REORDAINED TO READ AS
FOLLOWS:
Chapter 106
ZONING
ARTICLE II. DISTRICT REGULATIONS
Sec. 106-232. Industrial park overlay district.
Sec. 106-232.1. Statement of intent.
2. Southside Drive
3. Cook Drive
4. Midland Road and Intervale Drive
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1. The front yard setback shall be a minimum of eight feet from the street right-of-way. For
parcels adjacent to the Roanoke River, the rear yard setback shall be a minimum of eight feet
from normal high water elevation.
11. Parcels with frontage on West Riverside and/or Mill Lane shall provide a buffer yard of
a minimum of eight feet containing one row of large evergreen trees or two rows of small
evergreen trees.
12. Parcels with frontage on Apperson Drive shall provide a buffer yard of a minimum of
eight feet containing one row of large evergreen trees or two rows of small evergreen trees.
13. Parcels with frontage on Electric Road and/or Easton Road shall provide a buffer yard
of a minimum of eight feet containing one row of large evergreen trees or two rows of small
evergreen trees.
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(A) The owner shall be responsible for the perpetual maintenance and protection of all
landscaped areas required by this ordinance.
ARTICLE III. USE AND DESIGN STANDARDS
Sec. 106-318.1. Keeping of chickens.
Intent. The keeping of chickens supports a local, sustainable food system by providing an
affordable, nutritious food source of fresh eggs. These regulations are to provide
appropriate standards for the keeping of chickens within an urban residential
environment, while protecting the residential integrity of the surrounding neighborhood
and the health and safety of the chickens.
General standards. Keeping of chickens, as defined herein, shall be permitted as an
accessory use to single family dwellings if (i) the use is conducted at the applicant's place
of residence, (ii) the use is conducted for personal household consumption only, and (iii)
subject to the following conditions:
per parcel.
, and control of the chickens are required. Any person allowed
to keep chickens under this section shall comply with all of the provisions and
requirements of the city and state code regarding care, shelter, sanitation, health,
rodent control, cruelty, neglect, noise, reasonable control and any other
requirements pertaining to, but not limited to, the adequate care and control of
animals in the city.
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7. The owner of the chickens shall take necessary action to reduce the attraction of
predators and rodents and the potential infestation of insects and parasites. Chickens
found to be infested with insects and parasites that may result in unhealthy
conditions may be removed by an animal control officer.
8. Chickens shall not be allowed to roam free. They shall be kept in an enclosed secure
area not to exceed a total of 128 square feet, hereinafter known as a pen. Pens shall
include a coop (enclosed structure) containing a minimum of one and one-half square
foot per hen and an open run area containing a minimum of eight square feet per
hen. Pens may be portable.
9. The materials used for pens shall be uniform and kept in good condition in order to
protect the safety of the chickens.
10. All pens shall be deemed accessory structures and shall comply with the setback
requirements as provided in section 106-202.3(B)(2) herein, and shall be no closer
than 50 feet from any adjacent principal structure, situate on an adjacent parcel,
other than that of the owner of the chickens. Portable pens shall be moved on a
regular basis.
11. All pens shall be located in the rear yard only.
12. All pens shall be located out of any drainage areas that could allow fecal matter to
enter a storm drainage system or stream.
13. All pens shall be constructed and maintained so as to be impermeablefully resistant
to rodents, wild birds, and predators, including dogs and cats, and to prevent such
animals or other pests from being harbored underneath, inside, or within the walls of
the enclosure. All pens must be kept dry, well-ventilated, and in sanitary condition at
all times, and must be cleaned on a regular basis to prevent offensive odors. All
manure not used for composting or fertilizing shall be removed promptly. Odors from
chickens, manure, or other chicken-related substances shall not be detectable at the
property boundaries.
14. All feed or other material intended for consumption by the chicken shall be kept in
containers impenetrable by rats or other rodents, and such container shall be
equipped with tightly fitting caps or lids. All feeding shall be conducted in a manner so
as to prevent unconsumed food from being accessible to other animals or rodents.
The presence of rodents in an area used for the keeping of chickens shall be prima
facie evidence that such area is maintained in violation of this section.
15. Composting of chicken litter and waste on site is highly encouraged. If any litter
and/or waste is to be disposed of, it must be double bagged and securely closed and
deposited in either a city approved receptacle or taken to the city transfer station.
Also, any dead chickens shall also be double bagged and securely closed and
deposited in either a city approved receptacle or taken to the city transfer station.
16. Disposal of litter, waste, and dead chickens on public land or in the sewage or
stormwater collection system is strictly prohibited.
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(C) Administration.
Community Development city zoning department. The application shall
include a sketch showing the area where the chickens will be housed and all types and
size of enclosures in which the chickens will dwell along with a $25.00 fee. The sketch
must show all property dimensions and setbacks. Once the site and enclosures have
been inspected and approved by the Community Development department the city's
animal control officer, the city will issue a permit will be issued. The permit shall be
valid until the end of the calendar year in which it is issuedfor one year. Each
existing permit must be renewed at the end of the calendar year annually in July by
filing an application with the Community Development city zoning department,
along with payment of a $25.00 renewal fee. The animal control officer Community
Development shall make another inspection of the site, prior to the approval of the
renewal application.
Existing use at time of enactment. Notwithstanding the foregoing provisions of this
section, places of residences where chickens (roosters not being permitted under any
circumstances) are currently being kept at the time of enactment of this ordinance shall
have a period of two years from such date of enactment to comply with the requirements
herein. However, those eligible hereunder shall, on or before August 1, 2012, declare and
certify such existing use to the satisfaction of the city and make application as required by
section 106-318.1(C).
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ARTICLE IV.
Sec. 106-400. Site plan review.
(A) The administrator shall determine which class of site plan (plot, minor, or major) shall be
submitted to the city for each of the following: A site plan shall be required and shall be
submitted to the city for each of the following:
1. All new development, including additions or modifications to buildings or sites, in
every zoning district except for single family and two family dwellings.
2. The conversion of any single family or two family dwelling to any other use or to a
higher intensity residential use.
3. Additions or modifications to buildings or sites, except single family and two-family
dwellings, if said addition or modification results in a 5,000 square foot or greater
increase in impervious surface area of the site. An agreement in lieu of plan may be
approved by the city engineer for sites resulting in a 5,000—9,999 square foot
increase.
4.3. The conversion of any property from fee simple ownership to a condominium
form of ownership.
5.4. The conversion of any building or property to a different use category, e.g.,
commercial to industrial.
6. 5.Additions or modifications that may increase the requirements of any development
standard including but not limited to parking, landscaping, and stormwater
management.
6. The associated building or structure containing a lawful nonconforming use (or is
situated on a lawful nonconforming site) is enlarged, extended, reconstructed,
renovated, or structurally altered to the extent that costs exceed 50 percent of the
building's or structure's fair market value prior to any improvement. For purpose of
this section, all costs incurred from enlargement, extension, reconstruction,
renovation, or structural alteration of such during a three-year period shall be
included in determining whether the costs of such improvements exceed 50 percent of
the fair market value.
7. The use or development of any parcel conditionally rezoned, where any of the
conditions accepted and attached to the parcel(s) apply to the physical arrangement
or design of the site.
(B) All required site plans shall be prepared by a professional engineer, or land surveyor B,
who is registered by the Commonwealth of Virginia. The city may waive this requirement if
the type, scale or location of the proposed development does not necessitate such plans.
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C) A plot plan, that meets the standards contained in section 106-406.3 shall be required for
all uses or development not requiring a site plan.
The following additional plans may be required in conjunction with the site plan:
For sites resulting in less than 5,000 square feet of land disturbance, an erosion and
sediment control plan may be required.
For sites resulting in 5,000 to less than 10,000 square feet of land disturbance, an
erosion and sediment control plan, at minimum, shall be required.
For sites resulting in 10,000 square feet or greater of land disturbance, an erosion
and sediment control plan and a stormwater management plan shall be required.
Sec. 106-400.12. Minor site plans.
(A) Site plans as required by this section where the proposed use or development may not be
of such scale and impact that the more detailed major site plan review requirements are
necessary, the zoning administrator may allow the submission of a minor site plan. The
requirements of the minor site plan will be determined based on the proposed
development.
(B) Every minor site plan submitted in accordance with the requirements of this chapter shall
show the following information unless the administrator determines that such information
is not necessary to insure conformance with city ordinances or standards:
1. Location of the lot or parcel by vicinity map. Site plans shall also contain a north
arrow, original date, revision dates and graphical scale.
2. Property lines of the parcel(s) proposed for development, including the distances and
bearings of these lines. If only a portion of a parcel is proposed for development, a
limits of development line shall also be shown.
3. The name and address of the property owner and or developer of the site, if different
than the owner. The name and address of the person or firm preparing the plan.
4. The tax parcel number(s) of parcels proposed for development and depicted on the
site plan.
5. The name of adjacent property owners and the owners of any property on which any
utility or drainage easement may be required in conjunction with the development.
Tax parcel numbers for each of these properties shall also be provided.
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6. The nature of the land use(s) proposed for the site.
7. The zoning district designation of the parcel(s) proposed for development, and the
zoning designation and current land use of adjacent parcels.
8. The names, and locations of existing and proposed public or private streets, alleys and
easements on or adjacent to the site. The center lines or boundary of adjacent rights-
of-way shall also be shown.
9. The location, type, and size of site access points such as driveways, curb openings,
and crossovers. Sight distances at these access points shall be provided. If existing
median cuts will serve the site, they shall be shown. If new median cuts are proposed,
their location shall also be shown.
10. All proffers accepted pursuant to section 106-522 shall be shown on the plan.
11. Off-street parking areas and parking spaces including handicapped spaces, loading
spaces, and walkways indicating type of surfacing, size, angle of stalls, width of aisles,
and a specific schedule showing the number of spaces provided and the number
required by this chapter.
12. The exact location of buildings or structures existing on or proposed for the site,
including their setbacks from property lines, and the distance between buildings or
structures.
13. The number of stories, floor area, and building height of each building proposed. If
more than one land use is proposed, the floor area of each land use shall be provided.
Floor area shall be calculated on the basis of parking required for the use(s).
14. For residential developments, the type of dwelling unit shall be stated along with the
number of units proposed. Where necessary for determining the number of required
parking spaces, the number of bedrooms in each unit shall also be provided.
15. The location of proposed or required fire lanes and signs.
16. Detailed utility plans and calculations shall be submitted for sites for which public
water or sewer will be provided or for sites on which existing utilities will be modified.
The city engineer shall have the authority to set the standards for such plans.
17. The location of existing and proposed freestanding signs on the parcel.
18. The location and type of proposed exterior site lighting, including height of poles and
type of fixtures.
19. The location of any 100-year flood plain and floodway on the site, and the
relationship of buildings and structures to this floodplain and floodway.
20. The location of required proposed buffer yards, screening, fencing, and site
landscaping and irrigation. The type and size of the plant materials and screening to
be used shall be provided. In addition, the relationship of these materials to physical
site improvement and easements shall be provided.
21. Elevation drawings of, at minimum, the view from the public rights-of-way. Additional
views may be required.
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Sec. 106-400.2. Preliminary site plans.
Sec. 106-400.3. Final Major site plans.
(A) Every final major site plan submitted in accordance with the requirements of this chapter
shall show the following information unless the administrator determines that such
information is not necessary to insure conformance with city ordinances or standards:
1. Location of the lot or parcel by vicinity map. Site plans shall also contain a north
arrow, original date, revision dates and graphical scale.
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2. Property lines of the parcel(s) proposed for development, including the distances and
bearings of these lines. If only a portion of a parcel is proposed for development, a
limits of development line shall also be shown.
3. The name and address of the property owner and or developer of the site, if different
than the owner. The name and address of the person or firm preparing the plan.
4. The tax parcel number(s) of parcels proposed for development and depicted on the
site plan.
5. The name of adjacent property owners and the owners of any property on which any
utility or drainage easement may be required in conjunction with the development.
Tax parcel numbers for each of these properties shall also be provided.
6. The nature of the land use(s) proposed for the site.
7. The zoning district designation of the parcel(s) proposed for development, and the
zoning designation and current land use of adjacent parcels.
8. The names, and locations of existing and proposed public or private streets, alleys and
easements on or adjacent to the site. The center lines or boundary of adjacent rights-
of-way shall also be shown.
9. The location, type, and size of site access points such as driveways, curb openings,
and crossovers. Sight distances at these access points shall be provided. If existing
median cuts will serve the site they shall be shown. If new median cuts are proposed,
their location shall also be shown.
10. All proffers accepted pursuant to section 106-522 shall be shown on the plan.
11. Off-street parking areas and parking spaces including handicapped spaces, loading
spaces, and walkways indicating type of surfacing, size, angle of stalls, width of aisles,
and a specific schedule showing the number of spaces provided and the number
required by this chapter.
12. The exact location of buildings or structures existing on or proposed for the site,
including their setbacks from property lines, and the distance between buildings or
structures.
13. The number of stories, floor area, and building height of each building proposed. If
more than one land use is proposed, the floor area of each land use shall be provided.
Floor area shall be calculated on the basis of parking required for the use(s).
14. For residential developments, the type of dwelling unit shall be stated along with the
number of units proposed. Where necessary for determining the number of required
parking spaces, the number of bedrooms in each unit shall also be provided.
15. The location of proposed or required fire lanes and signs.
16. The existing topography of the parcel prior to grading, and the proposed finished
contours of the site with a maximum of two foot contour intervals.
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17. Detailed utility plans and calculations shall be submitted for sites for which public
water or sewer will be provided or for sites on which existing utilities will be modified.
The City Engineer shall have the authority to set the standards for such plans.
18. An erosion and sedimentation control plan and detail sheet shall be submitted for site
developments involving the grading disturbance of greater than 5,000 square feet of
area, or 1,000 cubic yards of material.
19. A detailed storm water management plan and calculations shall be submitted. The
City Engineer shall determine the requirements for such plans.
20. The location of existing and proposed freestanding signs on the parcel.
21. The location and type of proposed exterior site lighting, including height of poles and
type of fixtures.
22. The location of any 100 year flood plain and floodway on the site, and the relationship
of buildings and structures to this floodplain and floodway.
23. The location of required or proposed buffer yards, screening, fencing, and site
landscaping and irrigation. The type and size of the plant materials and screening to
be used shall be provided. In addition, the relationship of these materials to physical
site improvements and easements shall be provided.
24. Elevation drawings of, at minimum, the view from the public rights-of-way. Additional
views may be required.
Sec. 106-400.5. Format of plans.
(A) Site plans shall be submitted in digital format in accordance with the following:
1. The file format shall be PDF.
2. Black and White or Grayscale unless color is a necessity.
3. 50mb file size limit.
4. Sheet size ARCH D, 24 by 36 inches.
5. Plans shall be designed using an engineering scale. Scale of the plans shall not be
greater than one-inch equals ten feet (1" = 10'), or less than one-inch equals 50 feet
(1" = 50'). The Zoning Administrator may approve a lesser scale such as 1" = 100'
provided sufficient detail is provided to ensure compliance with all applicable
requirements.
6. All sheets shall be properly numbered, and match lines provided when appropriate.
7. Prior to review by the city, an application or letter shall be signed by the owner and
developer of the proposed development certifying that they are aware of proposed
plan.
8. Prior to final approval by the city, site plans shall be signed by the owner and or
developer of the parcel(s) proposed for development. The signature(s) shall certify
that the owner and/developer is aware of the site design requirements imposed by
the site plan and other applicable city codes and shall further certify that the owner
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and/ developer agrees to comply with these requirements, unless modified in
accordance with local law.
Sec. 106-400.7. Administrative procedures and requirements.
(A) The Zoning Administrator shall have the administrative authority to establish city
procedures for site plan review and approval. No procedure so established shall set a
lesser standard than is legislated in this chapter.
(B) The Zoning Administrator shall coordinate the city review of any site plan submitted in
accordance with city administrative procedures and shall have the authority to request
opinions or decisions from other city departments, agencies or authorities of the
Commonwealth of Virginia, or from other persons as may from time to time be consulted.
(C) A minimum of ten complete sets of site plans shall be submitted for review. A review fee
shall be required for any site plan submitted. The city shall establish procedures for the
collection of these fees.
(D) The city shall review, and approve or disapprove any site plan submitted for its review
within 45 days of the filing of the plan with the city. If an unapproved site plan is returned
to the applicant or other agent of the property owner, due to lack of required information
on the plan, or because the design or standards proposed on the site plan do not meet the
provisions of this chapter or other applicable city standards, the 45-day time period shall
begin again with the resubmittal of the plan to the city.
(E) Approval of a final site plan pursuant to the provisions of this chapter shall expire five
years from the date of approval in accordance with § 15.2-2261 of the Code of Virginia, as
amended, unless building and/or zoning permits have been obtained for the development.
(F) No building or zoning permit shall be issued by any city official for any building, structure
or use depicted on a required site plan, until such time as the plan is approved by the city.
(G) No change, revision, or erasure shall be made on any pending or approved site plan, nor
on any accompanying data sheet where approval has been endorsed on the plan or sheets,
unless authorization for such changes is granted in writing by the Zoning Administrator
who shall consult with all applicable departments or agencies prior to approving the
change.
(H) Improvements included on a site plan submitted as a result of a notice of violation shall
be installed within ninety (90) days of approval.
Sec. 106-400.9. Minimum standards and improvements required.
(A) Any improvement required by this chapter, or any other ordinance of the City of Salem
shall be installed at the cost of the developer unless other agreements have been reached
between the developer, the city, the Virginia Department of Transportation, and/or any
other governmental agency.
(B) Prior to the approval of a site plan the applicant shall execute an agreement to construct
required or proposed improvements located within public rights-of-way or easements or
any such improvement connected to any public facility. The applicant shall also file a
performance guarantee with surety acceptable to the city in the amount of the estimated
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cost of the improvements plus ten percent contingency, as determined by the city e-
ngineer. The owner's performance guarantee shall not be released until the construction
has been inspected and accepted by the city
(C) Proposed lot sizes, buildings or uses shown on site plans shall conform to the provisions of
this chapter. Nonconforming lots of record, buildings or uses may be developed in
accordance with section 106-526 of this chapter.
(D) Proposed parking areas, travel lanes and access drives shown on site plans shall be
designed, located and constructed in accordance with section 106-404 of this chapter.
(E) Utilities shown on site plans shall conform to applicable city standards, as determined by
the city engineer.
(F) Stormwater management facilities shown on site plans shall engineer be designed and
implemented in accordance with the provisions of chapter 30, article IV, of the City Code.
(G) Erosion and sedimentation control plans shall be designed and implemented in accordance
with the provisions of chapter 30, article III, of the City Code.
(H) Proposed exterior site lighting shall be in accordance with section 106-406.1 of this
ordinance.
(I) Required buffer yards, screening and/or landscaping shown on site plans shall be designed
and located in accordance with section 106-402 of this ordinance.
Sec. 106-402.23. Nonconforming uses and sites.
modified. A site plan
may be required in accordance with Section 106-400. enlarged, extended,
reconstructed or structurally altered to the extent that costs exceed 25 percent of
the building's or structure's fair market value prior to any improvement. For
purpose of this section, all costs incurred from enlargement, extension,
reconstruction or structural alteration of such structure during a three-year period
shall be included in determining whether the costs of such improvements exceed 25
percent of the fair market value.
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Sec. 106-406.3. - Plot plans.
ARTICLE V. ADMINISTRATION
Sec. 106-520. Amendments to ordinance.
(A) Whenever the public necessity, convenience, general welfare, or good zoning practice
require, the City Council may, by ordinance, amend, supplement, or change these
regulations, district boundaries, or classifications of property. Any such amendments may
be initiated by:
1. Resolution of the council;
2. Motion of the commission; or
3. Petition of the owner, contract purchaser with the owner's written consent, or the
owner's agent, of the property which is the subject of the proposed zoning map
amendment. Any petition submitted shall be in writing and shall be addressed to
council.
4. Any person may submit suggestions for zoning ordinance text amendments to the
administrator. The administrator shall forward these requests to the Commission for
their review. The commission shall be under no obligation to schedule a public
hearing on any such amendment request, except that the council may direct the
commission to hold a public hearing on any text amendment request.
(B) The administrator shall establish a schedule for the receipt of amendment applications.
The administrator shall also establish and maintain the amendment application materials.
These application materials shall, at a minimum, include any information the administrator
deems necessary for the city staff, Commission and council to adequately evaluate the
amendment request. A concept plan shall accompany all map amendment requests. The
administrator shall establish minimum standards for concept plans.
(C) The administrator shall not accept any amendment application for a lot or parcel that
does not comply with the minimum lot area, width, or frontage requirements of the
requested zoning district. In such situations, the applicant shall first seek a variance from
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the Board of Zoning Appeals. If a variance is granted, the administrator shall thereafter
accept the amendment application for the consideration of the Commission and Council.
(DC) If the Council denies any amendment application submitted for its review, or the
application is withdrawn after Council consideration, the city shall not consider
substantially the same application for the same property within one year of the Council
action. The administrator shall have the authority to determine whether new applications
submitted within this one year period are substantially the same. In making any such
determination the administrator shall have the authority to consider any items pertaining
to the proposed use or development of the site such as, but not limited to, the uses
proposed, densities, access, building locations, and overall site design.
Sec. 106-520.5. Posting of property.
(A) The city may require that properties proposed for public hearing before the Commission or
Board of Zoning Appeals, under the requirements of this chapter, shall be posted with a
notice announcing that a public hearing has been scheduled. The sign may contain
directions on how to obtain the specific information regarding the nature, and the date,
time and place of the public hearing. This posting requirement shall be in addition to the
public hearing and notice requirements imposed by § 15.2-2204 of the Code of Virginia.
(B) The city shall prepare the notice of hearing and shall post said notice on the property or
properties that are the subject of the hearing. The posting shall be accomplished at least
ten days before the date of the proposed public hearing. The administer [administrator]
shall determine the number of notices required to meet the intent of this section. All
notices posted shall be clearly visible from abutting rights of way.
(C) The city will be deemed to have complied with its notice requirements upon compliance
with paragraph (B) above, and, tThe unauthorized removal of or damage to, of the notices
prior to the advertised public hearing, shall not be considered as a failure to comply with
paragraph (B). due to weather or legitimate vandalism, shall not violate the public notice
intent of this section.
Sec. 106-524. Special exception permits and use not provided for permits.
(A) The procedures and standards contained in this section shall apply to all uses specifically
permitted as special exceptions in the district regulations found elsewhere in this chapter.
These procedures and standards shall also apply for all requests for Use Not Provided For
Permits, authorized under the provisions of this chapter.
(B) Special Exceptions are hereby established in recognition that in addition to uses permitted
by right, certain uses may, depending on their scale, design, location and conditions
imposed by Council, be compatible with existing and future land uses in the district.
(C) Use not provided for permits are hereby established in recognition that this chapter may
not be sufficiently detailed to list all possible land uses. When a land use is proposed that is
not listed in Article II of this chapter, and/or is not a permitted use by right or by special
exception in any zoning district contained in this chapter, the Council shall have the
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authority under the following provisions to consider the scale, design, and location of the
non-listed land use and determine its compatibility with existing and future land uses in
the district.
(D) The review and subsequent approval or disapproval of a special exception or a use not
provided for permit, shall be considered a legislative act, and shall be governed by the
procedures applicable theretothereof.
(Ord. of 3-14-05(2))
Sec. 106-524.1. General standards.
(A) The administrator shall not accept any special exception application nor any use not
provided for permit application for any lot or acreage that does not meet the minimum
size, width and/or frontage requirements of the district where the use is proposed. In
addition, tThe administrator shall not accept any special exception application for a lot or
acreage that does not meet the minimum size, width and/or frontage requirements of any
applicable use and design standards for the use as listed in Article III of this chapter. In
such situations, the applicant shall first seek a variance from the Board of Zoning Appeals.
If a variance is granted, the administrator shall thereafter accept the special exception or
use not provided for permit application for consideration by the Commission and Council.
(B) No special exception permit, or use not provided for permit shall be issued by the Council
unless the Council shall find that in addition to conformity with any standards contained in
Article III Use and Design Standards, the proposed special exception or use not provided
for, shall conform with the following general standards. These standards shall be met
either by the proposal as submitted and thereafter revised by the applicant, or by the
proposal as modified or amended as part of the review of the application by the
Commission or Council.
1. The proposal as submitted or modified shall generally conform to the latest
comprehensive plan of the City of Salem.
2. The proposal as submitted or modified shall have a minimum adverse impact on the
surrounding neighborhood or community. Adverse impacts shall be evaluated with
consideration to items such as, but not limited to, long term or permanent traffic
congestion, noise, lights, dust, drainage, water quality, air quality, odor, fumes and
vibrations. In considering impacts, consideration shall be given to the timing of the
operation, site design, access, screening, and or other matters that might be
regulated to mitigate adverse impacts.
ARTICLE VI. DEFINITIONS AND USE TYPES
Sec. 106-600. Definitions.
(A) For the purposes of this chapter, the following rules of language shall apply:
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The specific shall control the general.
The word person includes a firm, association, organization, partnership, trust, and company, as
well as an individual.
The word he shall mean she, and she shall mean he.
The words used or occupied include the words intended, designed, or arranged to be used or
occupied.
The word lot shall include plot or parcel.
The present tense includes the future tense; the singular number includes the plural; the plural
includes the singular.
The word shall is mandatory; the words may and should are permissive.
All public officials, bodies, and agencies referred to in this chapter are those of the City of Salem
Virginia, unless otherwise specifically indicated.
(B) Where terms in this chapter are undefined, the meaning of the term shall be as ascribed in the
most recent edition of Webster's Unabridged Dictionary, unless it is the opinion of the
Administrator that based upon normal zoning practice, a different meaning shall apply.
(C) The words and terms listed below shall have the following meanings:
Abutting. Contiguous or adjoining; having property or zoning district lines in common, or
separated by a right-of-way.
Access. A means of approach, including ingress and egress.
Accessory building or structure. A building or structure detached from a principal building on
the same lot and customarily incidental and subordinate to the principal building or use. Where an
accessory building or structure is attached to the principal building in a substantial manner, as by
a wall or roof, such accessory building shall be considered a part of the principal building.
Accessory use. A use of land, or a building or structure or portion thereof, customarily
incidental and subordinate to the principal use of the land or building or structure and located on
the same lot with such principal use.
Acreage. A parcel of land, regardless of area, described by metes and bounds and not a lot
shown on any recorded subdivision plat.
Addition. Any construction that increases the gross floor area of a building or structure, or
results in an expanded footprint of a building or structure on the ground.
Alley. A right-of-way that provides secondary vehicle and service access to abutting
properties that have frontage on one or more streets.
Alteration. Any change or rearrangement in the supporting members of an existing building,
such as bearing walls, columns, beams, girders or interior partitions, or any enlargement or
reduction of a building or structure, whether horizontally or vertically, or the moving of a building
or a structure from one location to another.
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Amendment. A modification to this chapter, including the text or associated maps that has
been approved by the Salem City Council.
Antenna. A communication device which transmits or receives electromagnetic signals.
Antennas may be directional, including panels, and microwave dishes, and omni-directional
including satellite dishes, whips, dipoles, and parabolic types. An antenna does not include the
tower or other supporting structure to which it is attached.
Awning. A shelter constructed of rigid or non-rigid materials on a supporting framework,
either freestanding, or projecting from and supported by an exterior wall of a building.
Base flood. A flood that, on the average, is likely to occur once every 100 years (i.e., that has
a one percent chance of being equaled or exceeded in any given year). Areas including the base
flood are depicted as zones AE on the City of Salem's flood insurance rate map (FIRM).
Base flood elevation (BFE). The Federal Emergency Management Agency designated 100 year
water surface elevation.
Basement. A story partly underground and having at least one-half of its height above the
average adjoining grade on all sides of the building or structure.
Berm. A landscaped earthen mound, incorporated as part of a site design, and intended to
enhance the compatibility of abutting or nearby properties through the mitigation of sound, the
screening of views, and/or the visual enhancement of a property's landscaped character.
Board of zoning appeals. The term Board of Zoning Appeals shall refer to the City of Salem
Board of Zoning Appeals, also referred to in this chapter as BZA.
Buffer yard. A yard improved with screening and landscaping materials required between
abutting zoning districts of differing intensities or between adjoining land uses for the purpose of
decreasing the adverse impact of differing uses and districts.
Building. Any structure having a roof supported by columns or walls and intended for the
shelter, housing or enclosure of any individual, animal, activity, process, equipment, goods or
materials of any kind.
Building coverage. That portion of a lot, which when viewed from directly above, would be
covered by any building or structure. For the purposes of this definition, lot shall include
contiguous lots of the same ownership within a single zoning district which are to be used,
developed or built upon as a unit.
Building, front. That portion of a building facing the street of address. The front door shall be
provided with orientation to the street on which the lot faces.
Building, height of. The vertical distance above the average existing grade measured to the
highest point of the building. The height of a stepped or terraced building shall be the maximum
height of any segment of the building.
Building line. When viewed from above, the line, parallel to the street right-of-way, that
passes through the point of the principal building nearest the street right-of-way, or in the case of
the rear building line, furthest from the street right-of-way.
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Business entity or unit. A room, a portion of a room, or suite of rooms occupied or capable of
being occupied by a proprietorship, partnership, corporation, limited liability company, or other
lawful enterprise where any commercial activities are conducted.
Cellar. A story having more than one-half of its height below average adjoining grade on all
sides of the building or structure.
Certificate of zoning compliance. For the purposes of this chapter, official certification that
premises conform to all applicable provisions of the City of Salem Zoning Ordinance and may be
lawfully used or occupied.
Channel. A perceptible natural or artificial waterway which periodically or continuously
contains moving water confined to a definite bed and banks.
Cluster subdivision. An alternative means of subdividing land that concentrates building
density in specific areas to allow the remaining land to be reserved for the preservation of
environmentally-sensitive features and open space.
Commission. The term Commission shall mean the Planning Commission of the City of Salem,
Virginia.
Condominium. A building or group of buildings, created pursuant to the Virginia Horizontal
Property Act, § 55-79 et seq., Code of Virginia, in which units are owned individually, and the
structure, common areas and facilities are owned by all the owners on a proportional, undivided
basis.
Construction, new. Structures for which construction commenced on or after the effective
date of this chapter and including any subsequent improvements to such structures.
Construction, start. The date a building permit was issued, provided the actual start of
construction, repair, reconstruction, placement or other improvement was within 180 days of the
permit date. The "actual start" means either the first placement of permanent construction of a
structure on a site, such as the pouring of slab or footings, the installation of piles, the
construction of columns or any work beyond the stage of excavation or the placement of a
manufactured home on a foundation. Permanent construction does not include land preparation,
such as clearing, grading and filling; nor does it include the installation of streets and /or
walkways; nor does it include excavation for a basement, footings, piers or foundations or the
erection of temporary forms; nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwellings units or not part of the main
structure.
Council. The City Council of the City of Salem, Virginia.
Deck. A structure, without a roof, directly adjacent to a principal building which has an
average elevation of 30 inches or greater from finished grade. A deck may be constructed of any
materials.
Dedication. The transfer of private property to public ownership upon written acceptance.
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Density. The number of dwelling units permitted per unit of land, commonly expressed as
dwelling units per acre.
Development. Any man-made change to improved or unimproved real estate including but
not limited to buildings or other structures, the placement of manufactured homes, streets and
other paving, utilities, filling, grading, excavation, mining, dredging, or drilling operations. Within
the Floodplain Overlay District this definition shall also include the storage of equipment or
materials.
District. A zoning district as described and permitted by § 15.2-2280 et seq. of the Code of
Virginia.
Driveway. A private roadway providing access for vehicles to a parking space, garage,
dwelling, or other structure.
Dwelling unit. A room or group of rooms connected together containing cooking, bathroom
and sleeping facilities constituting a separate, independent housekeeping unit, physically
separated from any other dwelling unit in the same structure.
Easement. A portion of a lot or acreage reserved for present or future use by a person or
entity other than the fee simple owner of the lot or acreage. Easements may exist on the ground,
or under or above the lot or acreage.
Establishment. Any business, enterprise or other land use permitted by this ordinance.
Family. One or more persons related by blood, marriage, or adoption, or under approved
foster care, or a group of not more than four persons (including servants) living together as a
single housekeeping unit.
Flood. A general and temporary inundation of normally dry land areas from:
a. The overflow of inland waters;
b. The unusual and rapid accumulation or runoff of surface waters from any source; or
c. Mudslides (i.e., mudflows), which are approximately caused or precipitated by accumulations
of water on or under the ground.
d. The collapse or subsidence of land along a body of water as a result of erosion or
undermining caused by water or currents of water exceeding anticipated cyclical levels or
suddenly caused by an unusually high water level in a natural body of water, accompanied by
a sever storm or by an unanticipated form of nature, such as a flash flood, or by some
similarly unusual and unforeseeable even which results in flooding as defined in this section.
Flood, one hundred year. A flood that, on the average, is likely to occur once every 100 years
(i.e., that has a one percent chance of occurring each year, although the flood may occur in any
year).
Floodway fringe. That area characterized during floods by shallow, slow-moving water and
represents a low hazard potential; more specifically, the floodway fringe is that area of the 100-
year flood elevations contained in the flood profiles of the flood insurance study adopted by the
City of Salem and as shown on the Flood Insurance Rate Map (FIRM) accompanying that study.
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Floodplain. (1) A relatively flat or low land area adjoining a river, stream, or watercourse
which is subject to partial or complete inundation; or, (2) an area subject to the unusual and rapid
accumulation of run-off or surface waters from any source.
Flood proofing. Any combination of structural and nonstructural additions, changes or
adjustments to structure which reduce or eliminate flood damage to real estate or improved real
property and water and sanitary facilities, structures and their contents.
Floodway. The stream channel and adjacent land area required to carry off the often fast-
moving floodwaters of the base flood and is considered to be an area of high hazard potential;
more specifically, the floodway is that certain area of the 100-year floodplain that must be
reserved in order to discharge such floodwaters without increasing the water surface elevation of
that flood more than one foot at any point. Floodways are defined in Table 2 of the flood
insurance study adopted by the city and as shown on the Flood Insurance Rate Map (FIRM)
accompanying that study.
Floor area, finished. The sum of the horizontal areas of a building which is intended for
human habitation and use and which has a floor to ceiling height of six and one-half feet or
greater. Areas excluded from the finished floor area would include unfinished basements and
attics, storage and utility rooms, and garages.
Floor area, gross. The sum of the horizontal areas of the several stories of a building,
measured from the exterior faces of exterior walls, or in the case of a common wall separating
two buildings, from the centerline of such common wall. Gross floor area shall exclude interior
parking and loading spaces, and airspace above atriums.
Garage, private. A building for the private use of the owner or occupant of a principal
residential building situated on the same lot as the principal building for the storage of motor
vehicles.
Glare. The effect produced by lighting, with a brightness sufficient to cause annoyance,
discomfort, or loss in visual performance and visibility.
Land disturbing activity. Any land change which may result in soil erosion from water or wind
and the movement of sediments into State waters or onto lands in the Commonwealth, including,
but not limited to, clearing, grading, excavating, transporting and filling of land.
Landscaping. The improvement of the appearance of an area by the planting of trees, grass,
shrubs, or other plant materials.
Loading space, off-street. Space for bulk pick-ups and deliveries, scaled to delivery vehicles
expected to be used, and accessible to such vehicles when required off-street parking spaces are
filled.
Lot. A parcel of land intended to be separately owned, developed, or otherwise used as a
unit, established by plat, subdivisions or as otherwise permitted by law.
Lot, corner. A lot located at the intersection of two or more streets or where lot lines or right-
of-way lines, or the extension thereof, intersect at less than 135 degrees.
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Lot coverage. That portion of a lot, which when viewed from directly above, would be
covered by any building or structure, parking and loading areas and other surface which is
impermeable or substantially impervious to storm water. Gravel parking areas shall be considered
impervious. For the purposes of this definition, lot shall include contiguous lots of the same
ownership within a single zoning district which are to be used, developed or built upon as a unit.
Lot, depth of. The average horizontal distance between front and rear lot lines. The average
shall consist of the horizontal distances of the side lot lines and the distance of a line connecting
the midpoints of the front and rear lot lines.
Lot, double frontage. A lot, other than a corner lot, which has frontage on more than one
street other than an alley. Double frontage lots may be referred to as through lots.
Lot, frontage. The horizontal distance between the side lot lines measured at the point where
the side lot lines intersect the street right-of-way. On curvilinear streets the arc between the side
lot lines shall be considered the lot frontage.
Lot, interior. A lot, other than a corner lot, which has only one frontage on a street other than
an alley.
Lot, irregular. A lot of such a shape or configuration that technically meets the area, frontage
and width to depth requirements of this chapter but meets these requirements by incorporating
unusual elongation, angles, curvilinear lines unrelated to topography or other natural land
features.
Lot, pipestem. A panhandle or flag shaped lot with its widest point set back from the road at
the rear of another lot (called the pipe), and having a thin strip of land connecting to the road to
provide legal access and frontage (called the stem). Pipestem lots are also referred to as
panhandle lots or flag lots.
Lot, width of. The average horizontal distance between all side lot lines measured at a right
angle, and at the midpoint of each side lot line.
Lot of record. A lot whose existence, location, and dimensions have been legally recorded or
registered in a deed or on a plat in the Clerk's office of the Circuit Court of the City of Salem.
Lowest floor. The lowest enclosed area, including basement, of any structure. An unfurnished
or flood-resistant enclosure usable solely for the parking of vehicles, building access or storage, in
an area other than a basement area, is not considered a building's lowest floor, provided that such
enclosure is not built so as to render the structure in violation of the applicable non-elevation
design requirements of this division.
Modular home. A dwelling unit manufactured off-site and transported to the building site for
final assembly on a permanent foundation. Such units shall be comprised of a combination of one
or more sections or modules, as more fully defined in the Code of Virginia, Title 36, as amended,
and incorporated herein by reference, including the necessary electrical, plumbing, heating,
ventilating and other service systems. Such units may also be known as industrialized buildings.
Monopole. A single pole structure, usually self supporting, used to support antennas.
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Natural watercourse. Any natural stream river, creek, waterway, gully, or wash in which
water flows in a definite direction or course, either continuously or intermittently, and has a
definite channel, bed and banks.
Nonconforming building. Any building the size, dimensions or location of which was lawful
when erected or altered, but which fails to conform to the current standards and regulations due
to the adoption, revision or amendment of this ordinance.
Nonconforming lot. A lot, the area, dimensions or location of which was lawful at the time
the lot was created, but which fails to conform to the current standards and regulations due to
the adoption, revision or amendment of this chapter.
Nonconforming use. A use or activity which was lawful when originally established, but which
fails to conform to the current standards and regulations due to the adoption, revision or
amendment of this chapter.
Not-for-profit. An organization or activity which has obtained nontaxable status from the U.
S. Internal Revenue Service.
Off-street parking area. Space provided for vehicular parking outside the dedicated street
right-of-way.
Open space. Any parcel or area of land or water essentially unimproved and set aside,
dedicated or reserved for public or private use or enjoyment, or for the use and enjoyment of
owners and occupants of land adjoining or neighboring such open space. Open Space may include,
recreation centers, playgrounds, swimming pools, tennis and basketball courts, and similar
facilities.
Open space, common. Land within or related to a development, not individually owned or
dedicated for public use, which is intended for the common use or enjoyment of the residents of
the development and may include such complementary structures as are necessary and
appropriate.
Open space may include, recreation centers, playgrounds, swimming pools, tennis and
basketball courts, and similar facilities.
Outdoor storage. The keeping, in other than a building, of any goods, materials, or
merchandise on the same parcel for more than 24 consecutive hours.
Overlay district. A district established by this Chapter to prescribe special regulations to be
applied to a site in combination with the underlying or base district.
Patio. A level surfaced area directly adjacent to a principal building which has an average
elevation of not more than 30 inches from finished grade, and without walls or a roof. A patio may
be constructed of any materials.
Permanent foundation. For the purposes of a modular home, a permanent foundation shall
consist of a continuous solid or fully grouted masonry or concrete footing that shall fully support
the exterior walls. A crawlspace, slab on grade, and basement foundations shall be considered
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permanent foundations. Pier and ground anchor support systems shall not be considered a
permanent foundation.
Plot plan. A drawing that clearly indicates the area, shape, and dimensions of the property
proposed for development. All existing easements, natural water courses, and existing and
proposed improvements shall also be shown on the plan. The plan shall clearly indicate the
minimum distances between existing and proposed uses and all property lines. Proposed access
to the property shall also be shown.
Porch. A roofed open area, which may be glazed or screened, usually attached to or part of
and with direct access to or from, a building.
Principal building or structure. A building or structure in which the primary use of the lot on
which the building is located is conducted.
Principal use. The main use of land or structures as distinguished from a secondary or
accessory use.
Private. Unless otherwise specifically indicated, private shall mean anything not owned,
operated, provided and/or maintained by a local, state, or federal government.
Public. Unless otherwise specifically indicated, public shall mean anything owned, operated,
provided and/or maintained by a local, state, or federal government.
Public water and sewer systems. A water or sewer system owned and operated by:
(1) A municipality or county; or
(2) A private individual or a corporation approved and properly licensed by the State Corporation
Commission prior to the adoption date of this chapter; and meeting the requirements of the
State Health Department and/or Virginia Department of Environmental Quality.
Recreational vehicle. Recreational vehicle means a vehicle which is (1) built on a single
chassis; (2) 400 square feet or less when measured at the largest horizontal projections; (3)
designed to be self-propelled or permanently towable by a light-duty truck; and (4) designed
primarily not for use as a permanent dwelling but as temporary living quarters for recreation
camping, travel or seasonal use.
Replacement cost. The cost of restoring a damaged building or structure to its original
condition. Replacement cost shall include reasonable estimates of the cost of materials and labor
and shall be compared with the assessed value as determined by the city assessor to determine
the percentage of the cost of improvements.
Right-of-way. A legally established area or strip of land, either public or private, on which an
irrevocable right of passage has been recorded.
Screening. A method of visually shielding or obscuring one abutting or nearby structure or
use from another by fencing, walls, berms or densely planted vegetation. Screening is intended to
substantially, but not necessarily totally obscure visual impacts between adjoining uses.
Setback. The minimum distance by which any building or structure must be separated from a
street right-of-way or lot line.
Page 92 of 164
Page 25 of 27
Shopping center. A group of commercial establishments planned, constructed and managed
as a total entity with shared access, customer and employee parking provided onsite, provision of
goods delivery separated from customer access, aesthetic considerations and protection from the
elements.
Site plan. A document prepared by an engineer or architect, licensed by the
Commonwealth of Virginia, which is drawn to scale showing the proposed development of land.
The document may include all covenants, grants or easements and other conditions relating to
use, location and bulk of buildings, density of development, common open space, public facilities
and such other information.
Major site plan. A site plan that typically includes stormwater management and/or
utility work.
Minor site plan. A site plan that typically does not include stormwater management
and/or utility work.
Special exception. A use with operating and/or physical characteristics different from those
uses permitted by right in a given zoning district which may, nonetheless, be compatible with
those by-right uses under special conditions and with adequate public review. Special Exceptions
are allowed only at the discretion and approval of the Salem City Council following review and
recommendation by the Salem Planning Commission.
Stoop. A platform, without a roof, located at the entrance of a building with sufficient area to
facilitate the ingress and egress to the building.
Story. That portion of a building included between the surface of any floor and the floor next
above it, or if there is not a floor above it, then the space between the floor and the ceiling above
it.
Street. Any vehicular way which: (1) is an existing state or municipal roadway: or, (2) is shown
on a plat approved pursuant to law; or, (3) is approved by other official action. The term street
shall include road, and highway. Unless otherwise indicated, the term street shall refer to both
public and private streets.
Structure. Anything that is constructed or erected with a fixed location on the ground, or
attached to something having a fixed location on the ground, including but not limited to
buildings, signs, manufactured homes and swimming pools. Walls and fences shall not be deemed
structures except as otherwise specifically provided in this chapter.
Substantial damage. Damage of any origin sustained by a structure whereby the cost of
restoring the structure to its condition before damage would equal or exceed 50 percent of the
market value of the structure before such damage occurred.
Substantial improvement. Any repair, reconstruction or improvement of a structure, the cost
of which equals or exceeds 50 percent of the market value of the structure either before the
improvement or repair is started, or if the structure has been damaged and is being restored,
before the damage occurred. This term includes structures which have incurred "substantial
damage" regardless of the actual repair work performed. For the purpose of this definition
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Page 26 of 27
"substantial improvement" is considered to occur when the first alteration of any wall, ceiling,
floor or other structural part of the building commences, whether or not that alteration affects
the external dimensions of the structure. The term does not however, include either any project
for improvement for a structure to comply with existing state or city health, sanitary or safety
code specifications which are solely necessary to assure safe living condition, or any alteration of a
structure listed on a national, state, or local historic register.
Telecommunications. The transmitting and receiving of electromagnetic signals through the
atmosphere.
Use not provided for permit. A permit authorizing a land use that is not listed as a permitted
use by right or by special use in any zoning district provided for in this chapter. Use Not Provided
for Permits are allowed only at the discretion and approval of the Salem City Council following
review and recommendation by the Salem Planning Commission.
Variance. A reasonable deviation from the provisions regulating the size or area of a lot or
parcel of land, or the size, area, bulk or location of a building or structure in accordance with §
15.2-2201 of the Code of Virginia, as amended.
Watercourse. A natural or artificial channel for passage or running water fed from natural
sources in a definite channel and discharging into some stream or body of water.
Yard. A required open space on a lot, unoccupied and unobstructed from the ground upward,
unless otherwise provided by this chapter.
Yard, front. A yard between the building line and the street right-of-way extending across the
full width of the lot.
Yard, rear. A yard between the rear line of the building and the rear line of the lot extending
the full width of the lot.
Yard, side. A yard between the side line of the building and the side line of the lot extending
from the front lot line to the rear lot line.
Zoning administrator. The Zoning Administrator of the City of Salem Virginia, or an
authorized agent thereof, also referred to in this chapter as the administrator.
This ordinance shall be in full force and effect ten (10) days after its final passage.
Page 94 of 164
Page 27 of 27
Upon a call for an aye and a nay vote, the same stood as follows:
Page 95 of 164
Item #: 5.C.
AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM,
VIRGINIA HELD AT CITY HALL
MEETING DATE: November 24, 2025
AGENDA ITEM: Amendment to City Code - Chapter 82
Consider adoption of ordinance on second reading
amending Sections 82-136 through 82-147 Article V,
Chapter 82, of The CODE OF THE CITY OF SALEM,
VIRGINIA, pertaining to Transient Occupancy Tax. (Adopted
on first reading at the November 10, 2025, meeting.)
SUBMITTED BY:
SUMMARY OF INFORMATION:
These changes are proposed to ensure consistency with the state code definitions
related to accommodations and to incorporate a recent state code change related to
intermediaries. This change has been reviewed by the City Attorney.
The following definitions have been added:
- Accomodations
- Accomodations Fee
- Accomodations Intermediary
- Accomodations Provider
- Person
- Retail Sale
- Room Charge
- Travel Campground
The new state code section related to intermediaries ensures the proper levy,
collection, and remittance by these third-party vendors that facilitate the sale of
accommodations.
FISCAL IMPACT:
None
STAFF RECOMMENDATION:
Staff recommends adoption of the ordinance on second reading.
Page 96 of 164
ATTACHMENTS:
1. ARTICLE_V.___TRANSIENT_LODGING_TAX 2023 (updated city code) (003)
2025
Page 97 of 164
AN ORDINANCE TO AMEND, REVISE AND REORDAIN CHAPTER 82, ARTICLE V, SECTIONS 82-136,
82-137, 82-138, 82-139, 82-140, 82-141, 82-142, 82-143, 82-144, 82-146 AND 82-147
PERTAINING TO TRANSIENT LODGING TAX.
Sec. 82-136. Definitions.
“Accommodations” shall mean, any room or space for which tax is imposed on the retail sale
pursuant to this Chapter and includes but is not limited to, any public or private hotel, inn, apartment,
hostelry, tourist home or house, motel, rooming house, or other lodging place within the city of Salem
offering lodging, and the owner and operator thereof, who for compensation, furnishes lodging to
any transients as hereinafter defined.
“Accommodations fee” shall mean the room charge less the discount room charge, if any;
provided that the accommodations fee shall not be less than $0.00.
“Accommodations intermediary” shall mean any person other than an accommodations
provider that (i) facilitates the sale of an accommodation and (ii) either (a) charges a room
charge to the customer, and charges an accommodations fee to the customer, which fee it retains
as compensation for facilitating the sale; (b) collects a room charge from the customer; or (c)
charges a fee, other than an accommodations fee, to the customer, which fee it retains as
compensation for facilitating the sale. For purposes of this definition, "facilitates the sale"
includes brokering, coordinating, or in any other way arranging for the purchase of the right
to use accommodations via a transaction directly, including via one or more payment processors,
between a customer and an accommodations provider.
"Accommodations intermediary" does not include a person:
1. If the accommodations are provided by an accommodations provider operating under a
trademark, trade name, or service mark belonging to such person;
2. Who facilitates the sale of an accommodation if (i) the price paid by the customer to such
person is equal to the price paid by such person to the accommodations provider for the use of
the accommodations and (ii) the only compensation received by such person for facilitating the
sale of the accommodation is a commission paid from the accommodations provider to such
person; or
Page 98 of 164
§54.1-2100 et seq.) of
Chapter 21 of Title 54.1, when acting within the scope of such license.
“Accommodations provider” shall mean any person that furnishes accommodations to
the public for compensation. The term “furnishes” includes the sale of use or possession or the
sale of the right to use or possess.
“Commissioner of the revenue Revenue” means the commissioner of the revenue of the
city of Salem and or any of his duly authorized deputies, assistants, employees or agents.
“Hotel” means includes, but is not limited to, any public or private hotel, inn, apartment
hotel, hostelry, tourist home or house, motel, rooming house or other lodging place within in
the city, which offering offers lodging, for compensation, to any transient. Shall also be in
accordance with provisions of Chapter 106.
“Lodging” means includes, but is not limited to, any space or room furnished to any
transient.
“Person” shall mean, but is not limited to, individuals, firms, partnerships, associations,
corporations, person acting in representative capacity, and combinations of individuals of
whatever form and character.
“Retail Sale” shall mean the sale or charges for any room or rooms, lodgings, or
accommodations furnished to transients for less than 90 continuous days by any hotel, motel,
inn, tourist camp, tourist cabin, camping grounds, club, or any other place in which rooms,
lodging, space or accommodations are regularly furnished to transients for a consideration.
“Room charge” shall mean the full retail price charged to the transient for the use of the
accommodations, before taxes. "Room charge" includes any fee charged to the customer and
retained as compensation for facilitating the sale, whether described as an accommodations
fee, facilitation fee, or any other name. Any additional charges made in connection with the
rental of accommodations are deemed to be a part of the charge for the room and are subject
to the tax. For example, additional charges for movies, local telephone calls, pet fees, cleaning
fees, smoking fees, extra occupant and similar services are subject to the tax. Toll charges for
long-distance telephone calls are not subject to the tax.
“Transient” means any person who, for a period of not more than 30 twenty-nine
consecutive days, either at his own expense or at the expense of another, obtains the lodging at
any hotel. use or possession of a room or space occupied for lodging in any hotel or travel
campground for which a price is charged.
“Travel Campground” means any area, site, lot, field or tract of land offering spaces for
recreational vehicles or campsites for transient dwelling purposes, or temporary dwelling
during travel, or recreational or vacation uses. Shall also be in accordance with provisions of
Chapter 106.
“Treasurer” means the treasurer of the city of Salem and any of his duly authorized
deputies, assistants, employees or agents.
Page 99 of 164
Sec. 82-137. Levy of tax; amount.
In addition to any other tax imposed by law, There there is hereby imposed and levied by
the city on each transient a tax equivalent to eight percent of the total amount paid for lodging,
excluding any other taxes levied thereon, by or for any transient to any hotel. room charge
paid by the transient for the use or possession of a room or space occupied for lodging by or
for any such transient to any accommodations. Such tax shall be collected from such transient
by the person providing such lodging at the time and in the manner provided in this article. In
computation of this tax, any fraction of one-half cent or more shall be treated as one cent.
Exceptions.
No tax shall be payable hereunder on room charge paid to any hospital, medical clinic,
convalescent home or home for the aged. In addition, no tax shall be payable hereunder on
space rental paid to any travel campground.
Sec. 82-138. Collection and payment of tax.
(1) For any retail sale of accommodations not facilitated by an accommodations intermediary,
the accommodations provider shall collect the tax imposed pursuant to this chapter,
computed on the total price paid for the use or possession of the accommodations, and shall
remit the same to the city and shall be liable for the same.
(2) For any retail sale of accommodations facilitated by an accommodations intermediary, the
accommodations intermediary shall be deemed under this chapter as a facility making a retail
sale of an accommodation. The accommodations intermediary shall collect the tax imposed
pursuant to this chapter, computed on the room charge and shall remit the same to the City
and shall be liable for the same.
(3) For any transaction for the retail sale of accommodations involving two or more parties that
meet the definition of accommodations intermediary, nothing in this section shall prohibit such
parties from making an agreement regarding which party shall be responsible for collecting
and remitting the tax, so long as the party so responsible is registered as a dealer with the
locality. In such event, the party agreeing to collect and remit the tax shall be the sole party
liable for the tax, and the other parties to such agreement shall not be liable for such tax.
(4) For any retail sale of accommodations facilitated by an accommodations intermediary,
nothing herein shall relieve the accommodations provider from liability for retail sales and use
taxes on any amounts charged directly to the customer by the accommodations provider that
are not collected by the accommodations intermediary.
(5) In any retail sale of any accommodations in which an accommodations intermediary does not
facilitate the sale of the accommodations, the accommodations provider shall separately state the
amount of the tax in the bill, invoice, or similar documentation and shall add the tax to the total price
paid for the use or possession of the accommodations. In any retail sale of any accommodations in
Page 100 of 164
which an accommodations intermediary facilitates the sale of the accommodation, the
accommodations intermediary shall separately state the amount of the tax on the bill, invoice, or
similar documentation and shall add the tax to the room charge; thereafter, such tax shall be a debt
from the customer to the accommodations intermediary, recoverable at law in the same manner as
other debts.
Every provider of lodging with respect to which a tax is levied under this article shall collect
the total price paid by the customer for the use or possession of a room or space occupied for
lodging by or for a transient with respect to which a tax is levied under this chapter shall collect
the amount of the tax hereby imposed, at the time payment for such room rental is made
whether payment is to be made in cash or on credit, by means of a credit card or otherwise..
amount of tax imposed under this article from the purchaser on whom such tax is levied at the
time payment for such lodging becomes due and payable, whether payment is to be made in
cash or on credit, by means of a credit card or otherwise. The amount of tax owed by the
purchaser shall be added to the cost of the lodging by the seller, who shall pay the taxes
collected to the city as provided in this article. Taxes collected by the seller shall be held in trust
by the seller until remitted to the city.
All reports and remittances required under this article shall be made on or before the last
day of each month, covering the amount of tax collected during the preceding month.
Sec. 82-139. Reports and remittances generally.
(2) The commissioner of the revenue shall determine whether the report is in proper form and
upon such determination shall cause a copy to be delivered to the treasurer.
Page 101 of 164
(6) An accommodations provider shall not be required to submit a report to the Commissioner
of the Revenue if (i) all retail sales of accommodations owned by the accommodations
provider are facilitated by an accommodations intermediary and (ii) the accommodations
provider attests to the City that all such sales are facilitated by an accommodations
intermediary. Such attestation shall be effective for 12 months beginning with the month in
which the attestation is made. Thereafter, such attestation shall be due annually on a date
determined by the Commissioner of the Revenue, on such forms and in such manner as the
Commissioner of the Revenue may prescribe and require. However, such accommodations
provider shall make out and submit a report in accordance with this subsection for the retail
sale of any accommodations not facilitated by an accommodations intermediary and shall
remit such tax as otherwise required by this article.
Every provider of lodging with respect to which a tax is levied under this article shall make
out a report upon such forms and setting forth such information as the commissioner of the
revenue may prescribe and require, showing the amount of lodging charges collected and the
tax required to be collected, and shall sign and deliver such report to the city treasurer with a
remittance of such tax. Such reports and remittance shall be made each month, covering the
amount of tax collected during the preceding month.
Sec. 82-140. Preservation of records.
It shall be the duty of any provider of lodging liable for collection and remittance of the
taxes imposed by this article to keep and preserve, for a period of five years, records showing
gross charges for lodging, the date thereof, the taxes collected thereon and the amount of tax
required to be collected by this article. The commissioner of the revenue shall have the power
to examine such records, at reasonable times and without unreasonable interference with the
business of the seller person, for the purpose of administering and enforcing the provisions of
this article, and to make copies of all or any parts thereof.
Sec. 82-141. Duty of seller when going out of business.
Whenever any provider person required to collect and pay to the city a tax under 82-137
this article shall cease to operate quit or otherwise dispose of his their business, written
notification of cessation shall be remitted to the commissioner of the revenue and any tax
payable under this article the provisions of this chapter shall become immediately due and
payable, and such person shall immediately make a report and pay the tax due.
Sec. 82-142. Discount.
For the purpose of compensating providers for the collection of the tax imposed by
this article, every seller person shall be allowed three percent of the amount of the tax due and
accounted for in the form of a deduction on his monthly return; provided the amount due:
(a) Is not delinquent at the time of payment, and
Page 102 of 164
(b) Remitted by the sellers person and received by the commissioner of the revenue on
or before the 20th day of the month following the month of collection.
Sec. 82-143. Enforcement of article; duty of commissioner of the revenue.
The commissioner of the revenue shall promulgate rules and regulations for the
interpretation, administration and enforcement of this article. It shall also be the duty of the
commissioner of the revenue to ascertain the name of every seller person liable for the
collection of the tax imposed by this article who fails, refuses or neglects to collect such tax or
to make the reports and remittances required by this article. The commissioner of the revenue
may have issued issue a summons for such person and may serve a copy of such summons
upon such person in the manner provided by law. One return of the original summons shall be
made to the general district court for the city. Police powers are hereby conferred upon the
commissioner of the revenue and his duly authorized deputies, assistants, employees and
agents while engaged in their duties pursuant to this article, and they shall exercise all the
powers and authorities of police officers in performing such duties. Failure or refusal to
comply with any rules and regulations promulgated under this section shall be deemed a
violation of this chapter.
Sec. 82-144. Procedure upon failure to collect, report, etc.
If any provider of lodging, whose duty it is to do so, shall fail or refuse to collect the tax
imposed under this article and to make, within the time provided in this article, the reports and
remittances mentioned in this article, or if the commissioner of the revenue has reasonable
cause to believe that an erroneous report has been filed, the commissioner of the revenue
shall proceed in such manner as he may deem best to obtain facts and information on which to
base his estimate of the tax due. As soon as the commissioner of the revenue shall procure such
facts and information as he is able to obtain, upon which to base the assessment of any tax
payable by any seller person who has failed or refused to collect such tax and to make such
report and remittance, he shall proceed to determine and assess against such seller person the
tax and penalties provided for by this article. and The treasurer shall notify such seller person,
by registered mail sent to his last known place of address, of the total amount of such tax and
penalties, and the total amount thereof shall be payable within ten days from the date such
notice is sent.
The treasurer shall have the power and the duty of collecting the taxes imposed and levied
under this article and shall cause the proceeds from such taxes to be paid into the general
treasury of the city.
(a) If any provider person of lodging, whose duty it is to do so, shall fail or refuse to file any
report required by this article or to remit to the city treasurer the tax required to be
Page 103 of 164
Created: 2021-08-17 14:59:45 [EST]
collected and paid under this article chapter, within the time and in the amount specified
in this article chapter, there shall be added to such tax by the city treasurer a penalty in
the amount at the rate of ten (10) percent for the first month the taxes are past due thirty
(30) days and five (5) percent for each month thirty (30) days thereafter, up to a with the
maximum of twenty-five (25) percent of the taxes collected but not remitted or $10.00,
whichever is greater. Provided, however, that the penalty shall, in no case, exceed the
amount of the tax assessable.
(b) In the event that If any person shall fail or refuse to remit to the treasurer the tax
required to be collected and paid under this chapter within the time and in the amount
specified in this chapter, there shall be added to such tax by the treasurer tax under this
section is not paid by the due date, interest may commence not earlier than the first day
following the day such taxes are due by ordinance to be filed, at the rate not to exceed ten
(10) percent per year annum from the first day following the day such tax is due upon the
amount of the tax for each year or portion thereof from the date upon which the tax is
due as provided in this chapter. Interest shall begin accruing on the 30th day of said
delinquency until the tax is paid in full.
(c) In the case of a false or fraudulent return with intent to defraud the city of any tax due
under this article, a penalty of fifty (50) percent of the tax shall be assessed against the
person required to collect such tax.
Sec. 82-147. Penalty for violation of article.
Any person violating, intentionally failing, refusing or neglecting to comply with any provision
of this article to file a report required by this chapter shall be guilty of a class 1 misdemeanor.
Conviction of such violation shall not relieve any person from the payment, collection or
remittance of the taxes provided for in this article. , and upon conviction thereof, punishment
shall not exceed that prescribed for a Class 1 misdemeanor as provided in Section 18.2-11 of
the Code of Virginia (1950), as amended. An agreement by any person to pay the taxes
provided for in this article by a series of installment payments shall not relieve any person of
criminal liability for violation of this article until the full amount of taxes agreed to be paid by
such person is received by the treasurer. Each such failure, refusal, neglect or violation and
each day's continuance thereof shall constitute a separate offense. Such conviction shall not
relieve any such person from the payment, collection or remittance of such tax, penalties and
interest, as provided in this chapter. Failure to remit tax collected under the authority of this
chapter shall constitute embezzlement per Section 18.2-111 Code of Virginia.
Page 104 of 164
Page 8
Sec. 82-148. Exemptions from tax.
No tax shall be payable under this article in any of the following instances:
(1) On charges for lodging paid to any hospital, medical clinic, convalescent home or
home for the aged.
(2) On charges made for providing space for a mobile home in a duly authorized mobile
home park.
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:
John Saunders –
H. Hunter Holliday –
Byron Randolph Foley –
Anne Marie Green –
Renée R. Turk –
Passed:
Effective:
Mayor
ATTEST:
H. Robert Light
Clerk of Council
City of Salem, Virginia
Page 105 of 164
Item #: 5.D.
AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM,
VIRGINIA HELD AT CITY HALL
MEETING DATE: November 24, 2025
AGENDA ITEM: Amendment to City Code - Chapter 94
Consider adoption of ordinance on second reading
amending Chapter 94, Nuisances, Section 94-3, Declaration
of nuisances; abatement required, pertaining to trees of the
CODE OF THE CITY OF SALEM, VIRGINIA. (Adopted on
first reading at the November 10, 2025, meeting.)
SUBMITTED BY: Mary Ellen Wines, Planning & Zoning Administrator
SUMMARY OF INFORMATION:
In 2021 Chapter 94, Nuisances, was expanded to more effectively address tall grass,
weeds, trees, hedges, trash, stagnant water, vehicle tires, and infestation.
This Chapter was subsequently amended in 2023 related to trees. The regulation of
trees in danger of falling was intended to be proactive to assist citizens that were in
danger of trees from a neighboring property. However, even after amending the code
to refer to trees in imminent danger, it has not truly been effective and has put
additional strain on City staff. As private property laws are just as effective, staff
proposes removing the statement addressing trees in imminent danger.
The proposed Code Change has been reviewed by the City Attorney.
FISCAL IMPACT:
STAFF RECOMMENDATION:
Staff recommends adoption of the ordinance on second reading.
ATTACHMENTS:
1. Ordinance Chapter 94 Nuisances
Page 106 of 164
AN ORDINANCE TO AMEND, REVISE, AND REORDAIN CHAPTER 94, NUISANCES,
SECTION 94-3 PERTAINING TO TREES, OF THE CODE OF THE CITY OF SALEM,
VIRGINIA.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, THAT SECTION
94-3 OF CHAPTER 94, OF THE CODE OF THE CITY OF SALEM, VIRGINIA BE
AMENDED, REVISED, AND REORDAINED TO READ AS FOLLOWS:
Chapter 94 Nuisances
Sec. 94-3. Declaration of nuisances; abatement required.
It shall be unlawful for any person who owns or occupies property to permit a
nuisance as set forth in this chapter to exist on any parcel within the corporate
limits of the city. The responsible party shall abate any nuisance as defined
herein. The following conditions, when allowed to exist on property, are hereby
declared to be nuisances:
1.Weeds growing on any parcel except weeds on property zoned AG
Agricultural or in active farming operation, or in the case of a parcel
greater than one acre in area natural vegetation growing more
than 50 feet from every property line shall not constitute a public
nuisance.
2.Trees or parts thereof in imminent danger of falling or have fallen
onto neighboring property, buildings, structures, vehicles, or any
public right-of-way. Trees growing into a structure resulting in
damage to structural elements.
3.Hedges, shrubs, trees or other vegetation, any part of which extends
or protrudes into any street, sidewalk, public right-of-way, grass strip
or alley so as to obstruct or impede or threaten the safe and orderly
movement of persons or vehicles.
4.Trash, as defined herein, which is not contained in an approved
container that conforms to the requirements of sections 70-42 and
70-45.
5.Accumulation of stagnant water leading to the breeding of
mosquitoes.
6.Vehicle tires that have been removed from the rim.
7.Infestation by bats, rodents, insects, arachnids, or vermin.
8.Any other condition that threatens the health, safety, order, and
convenience of the public.
Sec. 94-9. Failure to abate nuisances.
Page 107 of 164
1.After the expiration of such 15 days, the enforcement agent may cause
the removal of the nuisance, where necessary, and the cost thereof,
including an administrative fee, shall thereupon be chargeable to and be
collected from the responsible parties, as taxes or levies are or may be
collected.
2.Every charge which remains unpaid shall constitute a lien against such
property ranking on a parity with liens for unpaid real estate taxes.
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:
John Saunders -
H. Hunter Holliday –
Byron Randolph Foley –
Anne Marie Green –
Renée F. Turk –
Passed:
Effective:
_______________________
Mayor
ATTEST:
_______________________
H. Robert Light
Clerk of Council
City of Salem, Virginia
Page 108 of 164
Item #: 5.E.
AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM,
VIRGINIA HELD AT CITY HALL
MEETING DATE: November 24, 2025
AGENDA ITEM: Amendment to the Zoning Ordinance
Consider adoption of ordinance on second reading for the
request of Pillis Enterprises Inc., property owner, to rezone
the property located at 522 South Market Street (Tax Map
#s 160 - 4 - 2) from RSF Residential Single Family District to
HBD Highway Business District. (Adopted on first reading at
the November 10, 2025, meeting.)
SUBMITTED BY: Maxwell Dillon, Planner
SUMMARY OF INFORMATION:
SITE CHARACTERISTICS:
Zoning: RSF Residential Single Family
Land Use Plan Designation: Residential
Existing Use: Vacant
Proposed Use: Overflow Parking Lot for 101 East Fourth Street business operations
The subject property (522 South Market Street) consists of a 0.108-acre tract of land
which currently sits within the RSF Residential Single Family zoning designation. The
property was previously occupied by a residential structure until its demolition in the
late 2010s. The applicant is requesting to rezone the property to HBD Highway
Business District in order to facilitate the development of a parking lot that will
accommodate vehicle overflow for Pillis Brothers operations.
Section 106-404.11 Construction standards (A) mandates that all off-street parking
areas be constructed of a hard surface consisting of bituminous concrete or concrete.
As a result, any area that is utilized commercially for business operations/employee
parking must meet that standard.
If the rezoning request is approved, the site will be subject to site plan requirements to
ensure that relevant construction standards (including, but not limited to paving,
landscaping, and stormwater management - if applicable) are satisfied prior to
development.
Page 109 of 164
The Future Land Use Map (FLUM) identifies this parcel as residential.
FISCAL IMPACT:
STAFF RECOMMENDATION:
Staff recommends consideration of the ordinance on second reading for this rezoning
request.
ATTACHMENTS:
1. 522 South Market Rezoning Application
2. AFFIDAVIT
3. NEIGHBOR MAP
4. Legal description
5. Item 5E 11-24-25 October 15 2025 PC Minutes draft
6. Legal Ad 10.23 and 10.30 Cardinal News
7. Council meeting owner notification letter - 522 South Market Street T.M. 160-4-2
8. RezoningOrdinance 522 South Market St Tax Map 160-4-2
Page 110 of 164
Application Data for Application Number: Z25-30047
Application Type Zoning
Application Sub-Type Rezone
Applicant Pillis Enterprises Inc
Location 522 S MARKET ST SALEM VA 24153
Applicant Address 101 E 4th Street Property Owner PILLIS ENTERPRISES INC
Salem,VA,24153 Owner Address 1726 AMY LN
Tax Parcel 160-4-2 SALEM, VA,24153
Section Question Answer
Details and
Scope of Work
Please provide a detailed description of the work
associated with this application.
Additional fencing if necessary and landscaping.
Existing
Structure Info
Year Built
Property Description Vacant Land
Number of Stories
Number of Rooms
Number of Bedrooms
Number of Bathrooms
Type of Roof
Type of Exterior
Type of Basement
Finished Square footage of Primary Building 0.00
Parcel
Information
Lot Size Acres 0.11
Lot Size SQFT 4687.00
Zoning Classification RSF
Legal Description LT 12 & 1/2 LT 11 SEC 3 SALEM IMPROVEMEN
PID 2765
Rezoning
Details
Please advise current Zoning type RSF - Residential Single Family District
Please advise desired future Zoning type HBD - Highway Business District
Please advise current use empty lot
Please describe in detail the proposed use of the
property
The lot will be used as overflow parking for vehicles
being serviced at Pillis Brothers.
Please advise designation from the Future Land
Use map
Commercial
Are there proffers associated with this rezoning
application?
No
Application Information
Page 111 of 164
Rezoning
Details
Is the building or parcel in a district currently
designated as historic
No
If yes, describe the proposed measures for
meeting the standards of the Department of
Historic Resources
Is the subject property located within the
Floodplain District?
No
If yes, describe the proposed measures for
meeting the standards of the Floodplain
Ordinance
Have you provided a conceptual plan of the
proposed development, including general lot
configurations and road locations?
No
Are the proposed lot sizes compatible with
existing parcel sizes in the area?
Yes
If this is for a commercial rezoning, please
answer the following questions
No Data
No Data
What provisions will be made to ensure safe and
adequate access to the subject property?
Access to this property already exists.
How will the traffic impact of this development
be addressed?
There will be no additional traffic in the use of this
property.
Describe why the proposed use is desirable and
appropriate for the area. What measure will be
taken to assure that the proposed use will not
have a negative impact on the surrounding
vicinity?
This property is adjacent to the existing business
property of Pillis Brothers. This property will be used
to park cars before and after repairs.
There is a fence that separates this parcel from the
next lot.
What type of signage is proposed for the site?There will be no signage needed.
Have architectural/building elevations been
submitted with this application?
No
Page 112 of 164
Page 113 of 164
City of Salem, VA
www.actDataScout.com
Date Created:
Created By:
via DataScout OneMap ®
This map should be used for reference purposes only and should not be considered a legal document. While every effort has been made to ensure the accuracy of this product, the publisher accepts no
responsibility for any errors or omissions nor for any loss or damage alleged to be suffered by anyone as a result of the publication of this map and the notations on it, or as a result of the use or misuse of the
information provided herein.
anonymous
9/26/2025 1 inch = 96 feet
Page 114 of 164
Page 115 of 164
PLANNING COMMISSION
MINUTES
Wednesday, October 15, 2025, at 6:30 PM
Work Session, 5:30 PM, Council Chambers Conference Room, City Hall,
114 North Broad Street, Salem, Virginia 24153
Regular Session, 6:30 PM, City Hall, 114 North Broad Street, Salem, Virginia 24153
WORK SESSION
1. Call to Order
A work session meeting of the Planning Commission of the City of Salem, Virginia,
was held in the Council Chambers Conference Room, City Hall, 114 North Broad
Street, at 5:30 p.m., on Wednesday, October 15, 2025, there being present the
following members of said Commission, to wit: Denise P. King, Reid Garst,
Jackson Beamer, Mark Henrickson, and Nathan Routt, constituting a legal quorum,
with Chair King, presiding; together with Christopher Dorsey, City Manager and
Executive Secretary ex officio member of said Commission, Charles E. Van Allman
Jr., Director of Community Development; Mary Ellen Wines, Planning & Zoning
Administrator, Maxwell S. Dillon, Planner, and Jim Guynn, City Attorney; and the
following business was transacted:
Chair Denise King reported that this date, place, and time had been set in order for the
Commission to hold a work session. The work session meeting was called to order at
5:36 p.m.
2. New Business
A discussion was held regarding the following items on this agenda:
A. 522 South Market Street rezoning from RSF to HBD
B. Energy Storage Project Siting Agreement
A discussion was held regarding the items on the November agenda.
1. Mrs. Dorsey’s Clothes Closet
2. Dalewood Avenue Cluster Housing Overlay addition
3. Roanoke Valley – Alleghany Regional Hazard Mitigation Plan
Page 116 of 164
3. Adjournment
Chair King adjourned at 6:20 p.m.
REGULAR SESSION
1. Call to Order
A regular meeting of the Planning Commission of the City of Salem, Virginia, was
held in the Council Chambers Conference Room, City Hall, 114 North Broad
Street, at 6:30 p.m., on Wednesday, October 15, 2025, there being present the
following members of said Commission, to wit: Denise P. King, Reid Garst,
Jackson Beamer, Mark Henrickson, and Nathan Routt, constituting a legal quorum,
with Chair King, presiding; together with Christopher Dorsey, City Manager and
Executive Secretary ex officio member of said Commission, Charles E. Van Allman
Jr., Director of Community Development; Mary Ellen Wines, Planning & Zoning
Administrator, Maxwell S. Dillon, Planner, and Jim Guynn, City Attorney; and the
following business was transacted:
Chair Denise King called the October meeting of the City of Salem Planning Commission
to order at 6:30 p.m. Chair King reported that this date, place, and time had been set in
order for the Commission to hold a public meeting.
A. Pledge of Allegiance
B. Roll call
Mr. Routt - Here
Mr. Henrickson - Here
Mr. Beamer - Here
Mr. Garst - Here
Chair King – Here
2. Consent Agenda
A. Minutes
Consider acceptance of the minutes of the September 10, 2025, regular
meeting.
Chair King stated that under the consent agenda, they have the minutes of the September
10, 2025, Commission work session and regular meeting. Chair King asked the
Commission if anyone had any questions, additions, or comments. Hearing none the
minutes will be considered accepted.
3. New Business
Page 117 of 164
Amendment to the Zoning Ordinance
Page 118 of 164
the lot is zoned residential single-family, and if he wished, he could build a house on it or
sell it in the future.
Page 119 of 164
Mr. Routt - Aye
Mr. Henrickson - Aye
Mr. Beamer - Aye
Mr. Garst - Aye
Chair King – Aye
B. Hold a public hearing to consider an Energy Storage Project Siting Agreement
between the City of Salem and Salem VA BESS 1 LLC proposing a 4 –
megawatt battery energy storage facility within the existing electric substation
located at 407 Electric Road (Tax Map # 150-2-4). The purpose of the hearing
will be to receive public comments in the Planning Commission’s review, per
Code of Virginia 15.2-2232, of the proposed facility to confirm it is
substantially in accord with the City of Salem Comprehensive Plan. Proper
legal notice has been given.
Chair King reminded the Commission of its duty to confirm compliance with the
Comprehensive Plan. She noted that the city is the applicant and asked if anyone wished
to speak on its behalf. Hearing none, she summarized that the Commission had already
received and reviewed the Siting Agreement and the Comprehensive Plan prior to the
meeting.
Chair King opened the public comment period at 6:42 p.m. No additional speakers came
forward and the public hearing was closed at 6:42 p.m.
Chair King asked for Commission discussion. Hearing none she entertained a motion on
the matter.
On motion made by Mr. Garst and seconded by Mr. Beamer and duly carried, the
Planning Commission of the City of Salem confirms the Siting Agreement is in accordance
with the City of Salem Comprehensive Plan.
Chair King asked for a roll call vote.
Mr. Routt – Aye
Mr. Henrickson – Aye
Mr. Beamer – Aye
Mr. Garst – Aye
Chair King – Aye
4. Adjournment
Chair King noted that there was no additional business for the Planning Commission and
the meeting was adjourned at 6:43 p.m.
Page 120 of 164
Page 122 of 164
Page 123 of 164
Page 124 of 164
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 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 Pillis Enterprises, Inc., property owner, located at 522 South
Market Street (Tax Map # 160-4-2) be and the same is hereby changed from RSF Residential Single-Family District to HBD
Highway Business District, and the map referred to shall be changed in this respect and no other, said property being described as
follows:
Commencing at an iron pin where the north line of East 4th Street intersects with the east line of South Market Street
(formerly known as Alabama Street}; thence with the east line of South Market Street N 11° 45' 00" W 90.00 feet to an iron
pin, the ACTUAL POINT OF BEGINNING; thence continuing with the east line of South Market Street N 11° 45' 00" W
37.50 feet to an iron pin; thence leaving said South Market Street N 78° 15' 00" E 125.00 feet to an iron pin on the west
sid e of a 16 foot alley (now or formerly Bishop Alley); thence with the west line of said 16 foot alley S 11° 45' 00" E 37.50
feet to an iron pin; thence leaving said alley S 78° 15' 00" W 125.00 feet to the ACTUAL POINT OF BEGINNING; and being
one half of Lot 11 and all of Lot 12, Section 3, of the lands of the Salem Improvement Company, and containing 4,688
square feet or 0.1076 acres; and being recorded in the Circuit Court of Roanoke County, Virginia, in Plat Book 1, page 22½.
–
–
–
–
Page 125 of 164
Item #: 6.A.
AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM,
VIRGINIA HELD AT CITY HALL
MEETING DATE: November 24, 2025
AGENDA ITEM: Appropriation of Funds
Request to amend the School General Fund, Grants Fund,
School Capital Projects Fund, and School Reserve Fund
budgets as approved by the School Board on October 14,
2025. Audit - Finance Committee
SUBMITTED BY: Rosemarie Jordan, Director of Finance
SUMMARY OF INFORMATION:
The budget for various School funds was amended for fiscal year 2025-2026 by the
School Board at their meeting on October 14, 2025. The Board amended the budgets
to appropriate $1,962,838 from the unallocated capital reserve funds. The attached
memo covers the various appropriation changes. Also included is the CIP document
for the six-year period, fiscal years 2027 – 2032.
FISCAL IMPACT:
Appropriation changes totaling $1,962,838 to be made to the School General, Grants,
Capital Projects, and Reserve Funds.
STAFF RECOMMENDATION:
Staff recommends that Council approve the School Board’s appropriation changes of
$55,136 to the School General Fund, $97,666 to the School Grants Fund, $202,400 to
the School Reserve Fund and $1,627,636 to the School Capital Projects Fund per the
attached reports. Staff also recommends approval by City Council of the six-year CIP
document submitted by the School Board.
ATTACHMENTS:
1. CIP Board Report October 2025
2. Attachment A General Fund Requests FY 2025 Fund Balance Board Meeting
3. Attachment B 6 Year CIP Fall 2025
4. Schools Capital HVAC & Roofing List 2026 Attachment C
Page 126 of 164
Salem City Schools
Capital Improvement Plan (CIP) for 2027-2032 and Projects for FY 2026
October 14, 2025
Summary of Issue:
This report is to request the Board to:
1. Approve the proposed projects for FY 2026 from the 6/30/2025 year-end balance
and the funding of these projects (Capital Reserve) (Attachment A)
2. Approve the proposed 2027-2032 Six Year CIP (Attachment B, with Attachment
C for HVAC & Roofing lists)
Background:
Salem’s school buildings require on-going major maintenance projects on a regular
basis due to age. In recent years this has included such things as roofing replacement,
heating and air conditioning work, building renovations, door and window updates,
classroom upgrades and similar.
In addition, the division has used capital reserve funds traditionally to replace buses,
supplement its technology budget, and replace major cafeteria equipment on a planned
regular basis to even out future necessary outlays. With the balance available from this
past fiscal year, the projects in attachment A are the requests from the Division on how
to use these funds.
There are 4 categories of how a fund balance is to be reported in the Capital Projects
Fund for financial reporting purposes within the statement:
1. Restricted Fund Balance - restricted by external creditors (debt covenants)
grantors, contributors
2. Committed Fund Balance - amounts that can only be used pursuant to constraints
imposed by legislation, resolution, or ordinance and the constraints can only be
removed by the same method
3. Assigned Fund Balance - amounts that are constrained by the government’s
intent to be used for specific purposes, but neither restricted or committed
4. Unassigned Fund Balance - any residual fund balance not in the first 3 categories.
Policy Reference:
FB, Facilities Planning
Fiscal Impact:
At this time, $1,962,838 of the unallocated capital reserve funding will be categorized in
Assigned Fund Balance. The total projects anticipated during the current fiscal year
Page 127 of 164
from capital reserve are listed in Attachment A. The total project requests in the CIP for
the six-year period FY 2027-2032 are $27,632,810 per Attachment B.
Recommended Motion:
Move approval of the projects for FY 2026 using funding from the 6/30/2025 year-end
balance and meals tax, and request that City Council appropriate funding from these
balances as required, and also move approval of the FY 2027-2032 Capital
Improvement Plan.
Page 128 of 164
10/14/2025
Attachment A
Capital reserve balance at 6/30/2025 - UNAUDITED $1,962,838
Name of Project Notes
Estimated Cost, if
known
Local Match for Extended School Year Grant
We received the grant of $300,000 with a 20% match requirement. That would be
$60,000. $60,000.00
Local Match for School Security Grant
We applied for the max grant of $250,000 with a 25% match requirement. We received
$150,663 so the required match would be $37,666. Remaining amount will be used for
security related project requests so the full amount available can be reappropriated to the
grant fund.$37,666.00
Raptor Technologies Implementation
Hold this revenue back from available fund balance to cover expenses that were
encumbered in FY 25 but paid in FY 26.$55,136.00
Requirement $152,802
Building Maintenance Needs
Roof Overhang at Door #10 Exterior Door at ALMS is becoming irreparable/corrects
dangerous situation falling debris. This was in the safety audit conducted with City (Todd
Sutphin). Also, repair leaks around SHS penthouse common area with Clerestory where
new windows are required to fix ongoing leakage issue. This is part of the old library area.$57,500.00
Roof Work
Continued roof work by City to our facilities. Will include GWC request: During hard rains,
a stream of water flows through our gym's roof. Ongoing recurring problems.$250,000.00
West Salem Replace Pumps Boiler & Chiller
Pumps City Maintenance request $280,000.00
West Salem Office Roof Top Unit City Maintenance request $25,000.00
SHS Fieldhouse Football Weight Room RTU
Replacement City Maintenance request $85,000.00
ALMS Replace makeup air units (there are 4
in total, replace 2) - Phase I City Maintenance request $215,000.00
Adt'l Funding for Fan Coil Units at Central
Office
City Maintenance request. Current funding provided back in November 2024 isn't
sufficient to complete project. Adding this will ensure the HVAC replacements can be
accomplished.$20,000.00
City Requests $932,500
Division Security Updates & Storage Needs
Providing adt'l funding for West Salem storage bldg., Re-keying of interior doors at GW
Carver, Install railing at entrance of SHS Auditorium & Addition of an exterior badge
readers & re-key for AIIMS.$39,000.00
Safety $39,000
Door Badge Reader Software Replacement
(Galaxy) for division
Current "Locks" system is unsupported and Operating System reaches end of life October
2025 (no security updates or vendor support).$99,865.00
Halo Vape Detectors (FlySense
Replacement)
We have 42 total FlySense detectors. Seven were replaced in 24-25 with a security grant
(leaving 35 to be completed). The same should happen in 25-26. This will leave 28
remaining to be replaced in a later time frame. Estimated cost per device is $1,200. $42,000.00
Technology $141,865
Building & Trades CTE Class modifications in
current space 2421 at SHS
Update Room 2421 for Building & Trades CTE Course 26-27 & purchase supplies &
materials for start-up. Pricing for Masonry & Plumbing Program. Will cover $50,000 from
CIP, with rest to be a General Fund budget request in the FY 27 budget ($100,000). By
then we would know more about any donations to reduce the $100k budget request.$50,000.00
Walk-In & Freezer Combination for Culinary
at SHS
Hobart Installation. Currently not usable & warranty has expired (was new with
renovation).$60,000.00
Repave Tennis Courts at SHS
Courts are in need or repair. The division is inquiring about a grant that would help cover
costs and max eligibility is $200k. The amount requested would complete repairs to one
set our courts and will see how grant funding works out.$290,000.00
Bleachers for SHS Gym
Purchase replacement bleachers for one side of gym (old system no longer can be
repaired). Do one side now and other side in 6 year plan (using same amount).$255,271.00
Replace playground equipment at Carver
The equipment is over 25 years old and replacements are needed. GW Carver will fund
$20k with internal money at their school and CIP would cover the remaining $30k. $30,000.00
Phase II Seating Replacement in Band Room
at ALMS
Chairs currently in use were purchased in 1993. Chairs are cracked, pinching students
legs and many are unusable. Band room is also used for faculty and large meetings.
Phase I was funded last year & this would finish that project.$11,400.00
Instruction & Division Needs $696,671
Total $1,962,838
(Over)/Under Budget $0
Salem City Schools
CIP Requests from Principals and Central Administrators - FY 2025 Fund Balance
Page 129 of 164
October 2025 School Board Meeting
Inflation factor
1.03
TBD=Date To
Be
Determined
YR 1 YR 2 YR 3 YR 4 YR 5 YR 6 Total
FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 TBD FY 2027-2032 Comments
WHERE THE
FUNDING WILL COME
FROM:
Future Capital Reserve
Funds $3,917,343 $0 $4,455,608 $2,670,522 $6,446,126 $3,790,699 $4,392,346 $1,719,000 $27,391,644
Cafeteria Fund Balance $103,370 $34,071 $24,793 $25,537 $26,303 $27,092 $0 $241,166
$4,020,713 $4,489,679 $2,695,315 $6,471,663 $3,817,002 $4,419,438 $1,719,000 $27,632,810
$27,632,810
WHERE THE
FUNDING WILL BE
SPENT:
YR 1 YR 2 YR 3 YR 4 YR 5 YR 6 Total
Category 1: Recurring
Projects FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 TBD FY 2027-2032
General System-Wide
Roof Replacement on
Regular Schedule $600,000 FCR $400,000 FCR $400,000 FCR $400,000 FCR $400,000 FCR $400,000 FCR $2,600,000
Two School Buses
Annually $320,000 FCR $329,600 FCR $339,488 FCR $349,673 FCR $360,163 FCR $370,968 FCR $2,069,892
School Technology-
Infrastructure $50,000 FCR $50,000 FCR $100,000
Cloud transition space used to store School
data & Switches to enable communication
between networked devices.
School Technology-
Computer Replacement $332,770 FCR $342,753 FCR $353,036 FCR $363,627 FCR $374,536 FCR $385,772 FCR $2,152,494 On-going replacements
School Technology-
General - Other
Computer/Smart Board
Replacement $100,000 FCR $100,000 FCR $200,000
Cafeteria/Kitchen
Equipment
Replacement $23,370 FCR $24,071 FCR $24,793 FCR $25,537 FCR $26,303 FCR $27,092 FCR $151,166 On-going replacements
Division Vehicle
Replacement $35,000 FCR $35,000 FCR $70,000
Category 2: Future
standalone projects
Band Instrument
Replacement **$60,000 FCR $60,000 FCR $120,000
Connectivity for
Transportation (Buses
Wi-fi, GPS, etc.) **$78,760 FCR $78,760
Calculator Replacement
at Secondary levels $20,000 FCR $20,000
Grand Piano & Risers
at SHS **$28,000 FCR $28,000
Choir Classroom Chairs
& Upright Piano at
ALMS $15,310 FCR $15,310
New Basketball Goals
at ALMS Main Gym **$20,000 FCR $20,000
Rider Floor Scrubbers &
Building Maintenance $21,000 FCR $21,000 FCR $42,000
Gym Projector for PE at
East **$20,000 FCR $20,000
Renovate Art Room at
West **$10,000 FCR $10,000
Update Car Drop Off
Area at West $26,000 FCR $26,000
Welding Booths &
Camera System $90,000 FCR $90,000
Transportation Office
Interior Renovations $66,000 FCR $66,000
Salem City Schools 10/14/2025
Six Year Capital Improvement Plan (CIP) for FY 2027-2032
Attachment B
Page 130 of 164
October 2025 School Board Meeting
Inflation factor
1.03
TBD=Date To
Be
Determined
YR 1 YR 2 YR 3 YR 4 YR 5 YR 6 Total
FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 TBD FY 2027-2032 Comments
Salem City Schools 10/14/2025
Six Year Capital Improvement Plan (CIP) for FY 2027-2032
Attachment B
2 Phase Replacement
of Fitness Equipment at
ALMS $15,960 FCR $15,000 FCR $30,960
GW Carver Wiring
Upgrade (IT)$288,000 FCR $288,000
Stage Curtain
Replacement at West $18,000 FCR $18,000
Old Fieldhouse Weight
room Equipment
Replacement $70,000 FCR $70,000
Removing carpet and
polishing concrete in
last 8 remaining rooms
at SHS $40,000 FCR $40,000
Remodel Track Field
House at SHS**$300,000 FCR $300,000
Painting at SHS in CTE
& Hallways**$200,000 FCR $200,000
Painting Interior at SHS $24,611 FCR $24,611
Build new team room(s)
in boys locker room at
SHS**$200,000 FCR $200,000
Track Fence
Replacement at ALMS $6,000 FCR $6,000
Replace Carpet with
Tile in PreK rooms and
Primary Classes at
Carver**$40,000 FCR $40,000
Sidewalk
extension/handicap
access to bus area at
West**$15,000 FCR $15,000
Blinds Replacement in
classrooms at West $12,000 FCR $12,000
Gym Audio System at
West $12,278 FCR $12,278
Prep, Scan & Index old
records at ALMS $24,000 FCR $24,000
Prep, Scan & Index
Human Resources
Records $20,000 FCR $20,000
Work Stations at FACS
& Tech Ed at ALMS $34,156 FCR $34,156
Dyson Airblade V Hand
Dryers at ALMS $20,000 FCR $20,000
CTE Air Conditioning &
Heat at SHS**$300,000 FCR $300,000
Re-Tiling of Cafeteria
Floor at ALMS **$128,000 FCR $128,000
Continued Painting &
Rehabilitation of ALMS
Classrooms **$20,000 FCR $20,000 FCR $20,000 FCR $60,000
Painting of ALMS
Auditorium Floors,
Walls & Lobby $25,000 FCR $25,000
Replace Tile in Room
119 at ALMS $10,000 FCR $10,000
Safety Needs: 2nd
AIPHONE JK-1 MD
Installation at West $15,000 FCR $15,000
Carpet Replacement in
Classrooms at West $12,322 FCR $12,322 Page 131 of 164
October 2025 School Board Meeting
Inflation factor
1.03
TBD=Date To
Be
Determined
YR 1 YR 2 YR 3 YR 4 YR 5 YR 6 Total
FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 TBD FY 2027-2032 Comments
Salem City Schools 10/14/2025
Six Year Capital Improvement Plan (CIP) for FY 2027-2032
Attachment B
Painting of Classrooms
& Cafeteria at West **$14,000 FCR $10,000 FCR $24,000
Transportation office
vertical expansion **$85,000 FCR $85,000
Division Cat6
Incremental
Installation/replacement
Phase II & III **$17,250 FCR $51,750 FCR $69,000
Division Fiber Optic
Replacements $25,000 FCR $25,000
Coram AI for
Elementary Schools $87,880 FCR $87,880
Projector Replacements
(Auditorium)$20,000 FCR $20,000
Bleacher Replacement
Side #2 at SHS $256,000 FCR $256,000
SHS CADD/Robotics
(room 2421) System
Replacements **$41,325 FCR $41,325
Upgrade Computers for
Graphic Arts at SHS $25,000 FCR $25,000
Replacement of ALMS
Business Lab
Computers Phase II **$26,000 FCR $26,000
Caulking, then pressure
Washing of Breezeway
at ALMS $20,000 FCR $20,000
Repair & Paint Various
Door overhangs at
ALMS (#8 & 10 repair,
& #1, 2 & 3 paint)$25,000 FCR $25,000
Replace Door #20 at
East $15,000 FCR $15,000
Update gas lines in
Chemistry Classrooms
at SHS (3)$35,000 FCR $35,000
Sponsorship Board for
SHS Gym $30,000 FCR $30,000
Add Blacktop & Parking
at End of Field at
Carver **$10,000 FCR $10,000
Furniture Upgrades at
AIIMS $10,375 FCR $10,375
Replacement of
Crossing Guard Shacks
(3)$22,500 FCR $22,500
SHS Storage Building -
Concrete Pad Only
Building to be installed
FY26)$40,000 FCR $40,000
East Salem HVAC
Work Replace Gym
A/C Unit $275,000 FCR $275,000
ALMS Replace makeup
air units (there are four
in total, replace one
each year)$215,000 FCR $215,000 FCR $215,000 FCR $645,000
SHS Clerestory
Repairs/ Student
Commons Area $35,000 FCR $35,000 Page 132 of 164
October 2025 School Board Meeting
Inflation factor
1.03
TBD=Date To
Be
Determined
YR 1 YR 2 YR 3 YR 4 YR 5 YR 6 Total
FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 TBD FY 2027-2032 Comments
Salem City Schools 10/14/2025
Six Year Capital Improvement Plan (CIP) for FY 2027-2032
Attachment B
East Salem Air Handler
Replacement in
multipurpose room
(cafeteria)$275,000 FCR $275,000
SHS Science Wing
HVAC Unit $300,000 FCR $300,000
SHS Storage Building
Installed $50,000 FCR $50,000
ALMS Upsize AHU in
section D that will not
adequately cool the
space (design/ replace)
RTU-3 $300,000 FCR $300,000
GWC Replace 2 of 2
Boilers $185,000 FCR $185,000
Central Replace Air
Cooled Chillers at
School Board (97 & 91
models) 2 of 2 $325,000 FCR $325,000
West Salem Replace
Boilers 2 of 2 $200,000 FCR $200,000
SHS Replace Chiller #2
(1996 York) 2 of 2 $750,000 FCR $750,000
Central Replace Indoor
Fan Coil Units $600,000 FCR $600,000
South Salem Replace 2
of 4 Boilers $400,000 FCR $400,000
School Roof Survey $150,000 FCR $150,000
AIIMS Replace HVAC $27,000 FCR $27,000
GWC HVAC Classroom
Fan Coil Units
Replacement $2,000,000 FCR $2,000,000
Central Roof Top
Makeup Air Units
(replace 2 of 2)$125,000 FCR $125,000
SHS Roof Top Units
(Replace 1 of 4 Original
Units)$150,000 FCR $150,000
SHS Gym Replace
HVAC Units with Roof
Top Unit (Replace 2 of
4 with 1 RTU) $300,000 FCR $300,000
Band Room Storage
Shelving at SHS $10,000 FCR $10,000
Paint Stairwell & Steps
in Hallway by Gym at
SHS $10,000 FCR $10,000
Update Interior
Bathrooms to Match
Newer Parts of Bldg at
SHS $70,000 FCR $70,000
CTE Bathroom
Remodel at SHS $35,000 FCR $35,000
Refurbish 6th Grade
Hallway Flooring at
ALMS $21,349 FCR $21,349
Cubicle System for
Transportation Offices $18,500 FCR $18,500
Science Area Fencing
at SHS (roof access)$10,000 FCR $10,000
SHS Culinary
Equipment needs: 5
Under Counter Coolers
& Ice Machine $18,500 FCR $18,500
Auto Shop
Reconstruction at SHS $15,000 FCR $15,000 Page 133 of 164
October 2025 School Board Meeting
Inflation factor
1.03
TBD=Date To
Be
Determined
YR 1 YR 2 YR 3 YR 4 YR 5 YR 6 Total
FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 TBD FY 2027-2032 Comments
Salem City Schools 10/14/2025
Six Year Capital Improvement Plan (CIP) for FY 2027-2032
Attachment B
Squeeze Type
Resistance Spot Welder
at SHS $15,000 FCR $15,000
Phase III of SHS Stage
& Auditorium Lighting
Project $180,000 FCR $180,000
Add Overhang Area at
Outside of SHS
Fieldhouse $70,000 FCR $70,000
East Walk-in Freezer
(evap/condenser/
compressor)$10,000 FCR $10,000 Café Fund Balance
SHS Walk-in
Refrigerator
(evap/condenser
/compressor)$40,000 FCR $40,000 Café Fund Balance
SHS Walk-in Freezer
(evap/condenser/
compressor)$40,000 FCR $40,000 Café Fund Balance
Category 3: Future
Projects which might
become part of a
school-wide
renovation
None $0
Category 4: School-
Wide Renovations
TBD
None $0
Category 5: Partial
School Renovations
NEW: Facility Planning
Study $150,000 FCR $150,000
West Salem Elementary
School Improvements $4,305,826 FCR $4,305,826 (1)
East Salem Elementary
School Improvements $3,150,606 FCR $3,150,606 (1)
G W Carver Elementary
School Improvements $0 FCR $0
AIIMS Phase II Bldg
Improvements $1,719,000 FCR $1,719,000 (1)
Totals $4,020,713 $4,489,679 $2,695,315 $6,471,663 $3,817,002 $4,419,438 $1,719,000 $27,632,810
Cross footing $27,632,810
Notes:
All items in BOLD ITALICS have been inflation adjusted based on School Board guidance in prior years (by 3%)
** = Formal quotes needed; internal estimates used for illustration/planning purposes
Legend:FCR=Future Capital Reserve
BD = Bond Issues by City
CR=Capital Reserve
(1) Amounts for West and East are from a 2021 Assessment completed by RRMM. A 6% inflation factor was added to that
amount to allow for an increase to today's cost. Amount for AIIMS is from a Summer 2023 estimate by RRMM.
Page 134 of 164
Attachment C
Total
FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2026-2031
West Salem Gym (replace 2 split system units)175,000.00$ 175,000.00$
Roof Work 130,000.00$ 130,000.00$
GWC HVAC Classroom Units Replacement 25,000.00$ 25,000.00$
Central Repair 3 Indoor Fan Coil Units 15,000.00$ 15,000.00$
Upcoming 345,000.00$
Ranking
1 West Salem Replace Pumps Boiler and Chiller Pumps 280,000.00$ 280,000.00$
2 West Salem Office Roof top unit 25,000.00$ 25,000.00$
3 Central Repair 3 Indoor Fan Coil Units 20,000.00$ 20,000.00$
4 SHS Fieldhouse Football Weight Room RTU Replacement 85,000.00$ 85,000.00$
5 ALMS Replace makeup air units (there are four in total, replace one each year)215,000.00$ 215,000.00$ 215,000.00$ 215,000.00$ 860,000.00$
6 SHS Clerestory Repairs/ Student Commons Area 50,000.00$ 50,000.00$
7 SHS Walk in Refrigerator (evap/condenser/compressor) - use cafe food balance to fund 40,000.00$ 40,000.00$
8 SHS Walk in Freezer (evap/condenser/compressor) - use cafe food balance to fund 40,000.00$ 40,000.00$
9 East Salem HVAC Work Replace Gym A/C Unit 275,000.00$ 275,000.00$
10 SHS Science Wing HVAC Unit 300,000.00$ 300,000.00$
11 GWC Replace 2 of 2 Boilers 185,000.00$ 185,000.00$
12 East Salem Air Handler Replacement in multipurpose room (cafeteria)275,000.00$ 275,000.00$
13 Central Replace Air Cooled Chillers at School Board (97 & 91 models) 2 of 2 325,000.00$ 325,000.00$
14 West Salem Replace Boilers 2 of 2 200,000.00$ 200,000.00$
15 SHS Replace Chiller #2 (1996 York) 2 of 2 750,000.00$ 750,000.00$
16 SHS Storage Building - Concrete Pad Only Building to be installed FY26)40,000.00$ 40,000.00$
17 ALMS Upsize AHU in section D that will not adequately cool the space (design/ replace) RTU-3 300,000.00$ 300,000.00$
18 Central Replace Indoor Fan Coil Units 600,000.00$ 600,000.00$
19 School Facility Study 150,000.00$ 150,000.00$
20 SHS Storage Building Installed 50,000.00$ 50,000.00$
21 South Salem Replace 2 of 4 Boilers 400,000.00$ 400,000.00$
22 School Roof Survey 150,000.00$ 150,000.00$
23 AIIMS Replace HVAC 27,000.00$ 27,000.00$
24 GWC HVAC Classroom Fan Coil Units Replacement 2,000,000.00$ 2,000,000.00$
25 Central Roof Top Makeup Air Units (replace 2 of 2)125,000.00$ 125,000.00$
26 SHS Roof Top Units (Replace 1 of 4 Original Units)150,000.00$ 150,000.00$
27 SHS Gym Replace HVAC Units with Roof Top Unit (Replace 2 of 4 with 1 RTU) 300,000.00$ 300,000.00$
Totals 345,000.00$ 675,000.00$ 1,055,000.00$ 1,765,000.00$ 1,305,000.00$ 627,000.00$ 2,575,000.00$ 8,347,000.00$ 8,002,000.00$
8,347,000.00$
Roofing 8,347,000.00$
Project Name Total
FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2026-2031
in above -$
250,000.00$ 250,000.00$
600,000.00$ 600,000.00$
400,000.00$ 400,000.00$
400,000.00$ 400,000.00$
400,000.00$ 400,000.00$
400,000.00$ 400,000.00$
-$ 2,450,000.00$
.
Totals -$ 250,000.00$ 600,000.00$ 400,000.00$ 400,000.00$ 400,000.00$ 400,000.00$ 2,450,000.00$
345,000.00$ 925,000.00$ 1,655,000.00$ 2,165,000.00$ 1,705,000.00$ 1,027,000.00$ 2,975,000.00$ 10,797,000.00$ 10,797,000.00$
HVAC
Funded/In
Process
Locations to be determined per recommendation from City & Facility Study
Page 135 of 164
Item #: 6.B.
AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM,
VIRGINIA HELD AT CITY HALL
MEETING DATE: November 24, 2025
AGENDA ITEM: Performance Agreement - LOS POLLOS AMIGOS, INC.
(dba Wings Etc.)
Consider a request authorizing the City Manager to finalize
and execute a local performance agreement between LOS
POLLOS AMIGOS INC. (dba Wings Etc.), the City of Salem,
and the Economic Development Authority of the City of
Salem.
SUBMITTED BY: Tommy Miller, Director of Economic Development
SUMMARY OF INFORMATION:
This performance agreement will result in the Economic Development Authority (EDA)
of the City of Salem providing a local incentive grant in the amount of $30,000. The
grant will be provided through payment of the meals tax.
Los Pollos Amigos Inc., (dba Wings Etc.), on Wildwood Ave. has committed to
investing $1,500,000 in capital improvements and a minimum of 40 new jobs.
The EDA has approved this agreement pending final Council approval. The City
Attorney has also reviewed and approved the agreement as to form.
FISCAL IMPACT:
This performance agreement assists the establishment of a business utilizing a
previously vacant restaurant.
STAFF RECOMMENDATION:
Staff recommends Council authorize the City Manager to finalize and execute this local
performance agreement.
ATTACHMENTS:
1. Item 6B 11-24-25 Salem - Econ Devt - Wings ETC - Perf Agmt (Final - Council 11-
24-25)
Page 136 of 164
Page 1 of 11
PERFORMANCE AGREEMENT
This PERFORMANCE AGREEMENT (the “Agreement”) is made and entered into as of
the ____ day of __________________, 2025, by and among the CITY OF SALEM, VIRGINIA
(the “City”), a municipal corporation of the Commonwealth of Virginia, the ECONOMIC
DEVELOPMENT AUTHORITY OF THE CITY OF SALEM, VIRGINIA (the “Authority”), a
political subdivision of the Commonwealth of Virginia, and LOS POLLOS AMIGOS INC. t/a
WINGS ETC (the “Company”), a Virginia corporation, any two or more of which may be referred
to as “Parties.”
RECITALS
WHEREAS, the Company will operate a restaurant located at 260 Wildwood Road,
identified as Tax Parcel 129-3-12.1 in the records of the City (the “Restaurant”), at which it is
making a capital investment consisting of over $1,500,000 in building improvements and new
equipment to facilitate its restaurant operations;
WHEREAS, the Company’s equipping, improvement, and operation of the Restaurant will
entail the creation and maintenance of over 40 new jobs at the Restaurant;
WHEREAS, the City and the Authority have determined that the Company’s equipping,
improvement, and operation of the Restaurant will promote economic development, generate
additional revenue, and provide employment opportunities;
WHEREAS, the stimulation of additional tax revenue and economic activity to be
generated by the capital investment, as this Agreement defines such capital investment, and new
jobs constitute a valid public purpose for the expenditure of public funds; and
WHEREAS, section 15.2-953 of the Code of Virginia authorizes the City and section 15.2-
4905 authorizes the Authority to perform the activities that this Agreement contemplates; and
WHEREAS, this Agreement sets forth the understanding of the Parties concerning the
payment of a meals tax grant to the Company.
NOW, THEREFORE, in consideration of the foregoing, the mutual benefits, promises, and
undertakings of the Parties, and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the Parties agree as follows:
1.0 Definitions and Interpretation.
1.1 Previously Defined Terms. The terms “Agreement,” “Authority,” “City,” “Company,”
“Parties,” and “Restaurant” have the meanings ascribed to them in this Agreement’s
preamble and recitals.
1.2 Additional Definitions. The following terms have the following meanings for purposes of
this Agreement:
Page 137 of 164
Page 2 of 11
1.2.1 Capital Investment. “Capital Investment” means capital expenditures by or on behalf of
the Company that result in improvements to the Restaurant and an increase in Meals Tax
Receipts at the Restaurant after January 1, 2025.
1.2.2 Capital Investment Target. “Capital Investment Target” means a Capital Investment of
not less than $1,500,000.
1.2.3 Meal Tax Receipts. “Meals Tax Receipts” means all taxes imposed and levied pursuant to
section 82-102 of the Salem City Code and collected and remitted by the Company
pursuant to section 82-103 of the Salem City Code as a result of the Company’s operation
of the Restaurant, less (i) any penalty pursuant to section 82-113 of the Salem City Code,
(ii) the amount of any statutory assessment by the Commissioner of the Revenue, and (iii)
the portion of the Company’s remittance dedicated to capital projects of the Salem Public
Schools pursuant to section 82-102 of the Salem City Code.
1.2.4 Performance Date. “Performance Date” means December 31, 2025.
1.3 Computation of Time.
A. When this Agreement requires that an act be performed a prescribed amount of time
before an event, the day of such event will not be counted against the time allowed, but
the day on which such act is performed will be counted as part of the time. When this
Agreement requires that an act be performed within a prescribed amount of time after
an event, the day on which the event occurred will not be counted against the time
allowed.
B. When this Agreement requires, either by specification of a date or by a prescribed
period of time, that an act be performed on a Saturday, Sunday, or legal holiday or on
any day or part of a day on which the government office where the act to be performed
is closed, the act may be performed on the next day that is not a Saturday, Sunday, legal
holiday, or day on which the government office is closed.
2.0 Capital Investment Target. The Company shall meet the Capital Investment Target as of
the Performance Date.
3.0 Meals Tax Grant.
3.1 Grant Amount.
A. The Authority will pay the meals tax grant to the Company if the Company meets
the eligibility requirements set forth in section 3.2 of this Agreement for the purpose
of offsetting expenses the Company incurred as a result of making the Capital
Investment.
Page 138 of 164
Page 3 of 11
B. The Authority will pay the meals tax grant in annual installments. The amount of
each installment will equal the amount of Meals Tax Receipts for the year for which
the Company requests the installment until the total amount the Authority has paid
to the Company reaches $30,000. Under no circumstances will the total the
Authority pays to the Company exceed $30,000.
C. Under no circumstances will the meals tax grant be a general obligation of the
Authority. The obligations of the Authority are limited solely to funds received from
the City pursuant to this Agreement.
3.2 Company’s Eligibility for Grant. The Company must comply with all of the following
eligibility requirements to be eligible to receive the meals tax grant:
A. The Company shall make the Capital Investment by the Performance Date.
B. The Company shall collect and remit all taxes imposed and levied, as a result of the
Restaurant’s operations, pursuant to section 82-102 of the Salem City Code as and
when required by chapter 82, article IV of the Salem City Code, subject only to
such deductions as may be authorized by law.
C. The Company shall ensure that all taxes properly assessed and levied by the City
against the Restaurant and the Company are paid in full when required.
D. The Company shall comply with the provisions of any laws or regulations enacted
or otherwise made effective by any federal, state, or local governmental entity
which might apply to the performance of this Agreement, obtain all necessary
licenses and permits thereunder, and pay when required all taxes or other charges
properly assessed against the Company thereunder.
E. The Company shall ensure that the Company’s representations under section 5.0 of
this Agreement remain true.
F. The Company shall not be in default under subsections (A), (B), (C), or any of
them, of section 6.1 of this Agreement.
If the Company fails to meet any of these eligibility requirements, then the Company will
be ineligible to receive further meals tax grant installments.
3.3 Request for Payment of Grant.
A. The Company is entitled to request the initial installment of the meals tax grant
beginning in the month after the twelfth month in which the Company first remits
Meals Tax Receipts collected as a result of the Restaurant’s operations or upon the
Company’s remittance to the City of Meals Tax Receipts in a total amount equal to
the total amount of the meals tax grant set forth in subsection (A) of section 3.1,
i.e., $30,000, whichever occurs first. The Company shall make this request on a
Page 139 of 164
Page 4 of 11
form attached to this Agreement as Exhibit A and include therewith any information
required pursuant to section 3.4 of this Agreement. The Company shall submit this
request to both the Authority and the City no later than the last day of the month
following the month in which the Company becomes entitled to request the initial
installment pursuant to the first sentence of this subsection (A) of section 3.3. The
Company shall follow the same process in submitting its subsequent requests for
any subsequent years for which it remits Meals Tax Receipts collected as a result
of the Restaurant’s operations.
B. Upon receipt of the request, the Authority will review the request for compliance
with the requirements of this Agreement, including, but not limited to, sections 3.2
and 3.4. The Authority may disapprove a request which does not comply fully with
the requirements of this Agreement and may require the Company to submit a
revised request. In this event, the Authority shall provide notice to the Company
stating the basis for disapproval, stating any defect in the request, and specifying
the required additional information. The Company shall submit the revised request
within 30 days of receipt of the notice of disapproval.
3.4 Verification by Authority and City.
A. The Company hereby waives its protections under section 58.1-3 of the Code of
Virginia and authorizes the Commissioner of the Revenue for the City of Salem,
Virginia, and the Treasurer for the City of Salem, Virginia, to disclose tax
information for the sole purpose of verifying the Capital Investment and the
payment of taxes.
B. Upon request by the Authority, but no later than the Performance Date, the
Company shall provide to the Authority and the City each invoice, together with
each receipt evidencing the Company’s payment of that invoice, for each capital
expenditure that the Company believes qualifies as part of the Capital Investment
for the purpose of assisting the Authority and the City in verifying that the Company
has met the Capital Investment Target by the Performance Date.
3.5 Disbursement of Grant. Following verification and approval of a request by the Company
for payment of an installment of the meals tax grant and subject to the availability of funds,
the Authority shall pay the installment, calculated pursuant to subsection (B) of section 3.1
of this Agreement, to the Company no later than the last day of the month following the
month in which the Authority approved the request.
3.6 Termination of Grant.
A. In the event (i) the Company fails to submit a request for payment of an installment
of the meals tax grant as and when section 3.3 of this Agreement requires or (ii) the
Authority does not approve a request, and the Company fails to submit a revised
request that complies with all of the requirements of this Agreement as and when
section 3.3 of this Agreement requires, then all obligations of the Authority and the
Page 140 of 164
Page 5 of 11
City pursuant to this Agreement will terminate and neither the City nor the
Authority will have any obligation to fund, disburse, or provide any outstanding
part of the total meals tax grant amount to the Company.
B. If the Company fails to meet the Capital Investment Target as of the Performance
Date, then at the Authority’s option, (i) the Authority may extend the Performance
Date with the approval of the City or (ii) the Company shall pay the Authority an
amount equal to the total amount of the meals tax grant installments that the
Authority paid to the Company no later than 5:00 p.m., Eastern Time, ten days after
the Performance Date.
4.0 Administration of Agreement.
4.1 Transfer of Funds. The City shall transfer to the Authority the funds necessary for the
Authority to meet its obligations when needed under this Agreement relating to the meals
tax grant. The City will pay no administrative fees or expenses to the Authority in relation
to this Agreement.
4.2 Obligations Contingent upon Funding Availability. The Authority’s obligation to
undertake the activities contemplated in this Agreement with regard to the meals tax grant
is conditioned specifically upon the City’s provision of funding; provided, however, that
the City’s obligation to provide such funding is subject to the availability of monies
appropriated by the City’s City Council for this Agreement.
4.3 Documents. The Authority agrees to provide the City’s City Manager, or the designee
thereof, with copies of all documents related to this Agreement and will keep the City’s
City Manager fully and timely informed of all matters related to the Agreement.
4.4 Liability and Litigation. It is the intent of the parties not to impose upon the Authority
any responsibility, duty or obligation other than what may be required to implement the
meals tax grant. Accordingly, the Authority does not assume any responsibility or liability
whatsoever except as specifically stated in this Agreement. If litigation involving the meals
tax grant is initiated or expected to be filed against the Authority, the Authority shall
immediately notify the City’s City Attorney and City Manager.
4.5 Audit. The Authority shall keep records of its financial transactions, if any, related to this
Agreement in accordance with generally accepted accounting principles. The City’s auditor
or a designee thereof may at any time audit the financial transactions undertaken pursuant
to this Agreement.
4.6 No Surety. The Authority is not required to furnish the City with surety.
5.0 Representations. The Company represents the following:
A. The Company is empowered to enter into this Agreement, to be bound hereby, and
to perform according to the terms hereof.
Page 141 of 164
Page 6 of 11
B. Any and all actions necessary to enable the Company to enter into this Agreement,
and to be bound hereby, have been duly taken.
C. The person or persons executing or attesting the execution of this Agreement on
behalf of the Company has or have been duly authorized and empowered to so
execute or attest.
D. The execution of this Agreement on behalf of the Company will bind and obligate
the Company to the extent provided by the terms hereof.
E. There exists no litigation pending against the Company or, to the Company’s actual
knowledge, threatened that, if determined adversely, would materially and
adversely affect the ability of the Company to carry out its obligations under this
Agreement or the transactions contemplated hereunder.
F. The Company is authorized to transact business in the Commonwealth of Virginia
as of the date written first above and warrants that it will remain so through the
Authority’s payment of the final meals tax grant installment pursuant to this
Agreement.
6.0 Default.
6.1 Events of Default. Each of the following will constitute a default by the Company:
A. Any court of competent jurisdiction enters an order, judgment, or decree approving
a petition seeking reorganization of the Company, all or a substantial part of the
assets of the Company, or any guarantor of the Company or appointing a receiver,
sequestrator, trustee, or liquidator of the Company, any guarantor of the Company,
or any of their property, and such order, judgment, or decree continues unstayed
and in effect for at least 60 days.
B. The Company (i) makes a general assignment for the benefit of creditors, (ii) is
adjudicated as either bankrupt or insolvent, (iii) files a voluntary petition in
bankruptcy or a petition or and answer seeking reorganization or an arrangement
with creditors, (iv) either (a) takes advantage of any bankruptcy, reorganization,
insolvency, readjustment of debt, dissolution, or liquidation law or (b) admits the
material allegations of a petition filed against the Company in any proceedings
under such a law, or (v) any guarantor of the Company takes action for the purposes
of effecting any item identified in item (iv).
C. The Company fails to maintain its corporate existence.
D. The Company fails to meet the Capital Investment Target.
6.2 Effect of Default. In the case of a default:
Page 142 of 164
Page 7 of 11
A. The provisions of section 3.0 of this Agreement will terminate immediately;
B. Neither the City nor the Authority will have any further obligation relating to the
provisions of section 3.0 of this Agreement; and
C. The Company will no longer be eligible to receive grant installments pursuant to
sections 3.0 of this Agreement.
7.0 Notices. All notices, demands, or other communications pursuant to this Agreement must
be in writing, must be sent to the other Parties, and will be deemed to have been duly and
validly given when actually received by the addressee or when delivered (i) in person, (ii)
by independent, reputable, overnight commercial carrier, or (iii) by deposit in the United
States mail, postage and fees fully prepaid, registered or certified mail, with return receipt
requested, at the following addresses or such other addresses as any of the Parties may
from time to time specify to the other Parties by notice given in accordance with this
section:
If to the Authority: with a copy to:
Economic Development Authority Guynn Waddell, P. C.
of the City of Salem, Virginia Attn: Salem EDA Counsel
Attn: Chair 415 S College Ave
114 N Broad St Salem, VA 24153-5055
Salem, VA 24153-3734
If to the City: with copies to:
City of Salem, Virginia City of Salem, Virginia
Attn: City Manager Attn: Director of Economic Development
114 N Broad St 114 N Broad St
Salem, VA 24153-3734 Salem, VA 24153-3734
and
Guynn Waddell, P. C.
Attn: Salem City Attorney
415 S College Ave
Salem, VA 24153-5055
If to the Company: with a copy to:
los pollos amigos Inc. los pollos amigos Inc.
Attn: Director Attn: Justin Lindsey, D.O.
3246 Links Manor Dr 3246 Links Manor Dr
Salem, VA 24153-6838 Salem, VA 24153-6838
Page 143 of 164
Page 8 of 11
8.0 Miscellaneous Provisions.
8.1 Assignment. The Company may not assign, delegate, sublet, or otherwise transfer the
Company’s interest in this Agreement, any of the Company’s rights or duties under this
Agreement, or any part of such interest, rights, or duties. Further, the Company shall not
assign, sublet, or transfer its interest or any part thereof in this Agreement by means or as
part of any sale, merger, consolidation, assignment, or any other event that would result in
new or different ownership, control, operation, or administration of the Company’s
business affairs without the prior written consents of the Authority and the City.
8.2 Authorization to Act. The City Manager of the City or a designee thereof is authorized to
act on behalf of the City for purposes of this Agreement, and the Chairman of the Authority
is authorized to act on behalf of the Authority for purposes of this Agreement.
8.3 Captions. This Agreement includes the captions, headings, and titles appearing herein for
convenience only, and such captions, headings, and titles will not affect the construction,
interpretation, or meaning of this Agreement.
8.4 Counterparts. This Agreement may be executed in one or more counterparts, each of
which will be an original, and all of which together will be one and the same instrument.
A signatory has signed this Agreement when that signatory’s signature is delivered by
electronic mail, facsimile transmission, or another electronic medium. All Parties will treat
these signatures in all respects as having the same force and effect as original signatures.
8.5 Dispute Resolution.
8.5.1 Attorneys’ Fees. Each party will bear the cost of its own attorneys’ fees.
8.5.2 Construction and Interpretation. Each of the Parties has had the opportunity to have its
legal counsel review this Agreement on its behalf. If an ambiguity or question of intent
arises with respect to any provision of this Agreement, this Agreement will be construed as
if drafted jointly by the Parties. Neither the form of this Agreement, nor any language
herein, shall be construed or interpreted in favor of or against any party hereto as the sole
drafter thereof.
8.5.3 Forum and Venue Choice. Any and all disputes, claims, and causes of action arising out
of or in connection with this Agreement, or any performances made hereunder, shall be
brought, and any judicial proceeding shall take place, only in the Circuit Court of the City
of Salem, Virginia. The Company accepts the personal jurisdiction of this court for
purposes of such action and waives all jurisdiction- and venue-related defenses to the
maintenance of such action.
8.5.4 Governing Law. All issues and questions concerning the construction, enforcement,
interpretation, and validity of this Agreement, or the rights and obligations of the Parties in
connection with this Agreement, shall be governed by, and construed and interpreted in
Page 144 of 164
Page 9 of 11
accordance with, the laws of the Commonwealth of Virginia, without giving effect to any
choice of law or conflict of laws rules or provisions, whether of the Commonwealth of
Virginia or any other jurisdiction, that would cause the application of the laws of any
jurisdiction other than those of the Commonwealth of Virginia.
8.6 Entire Agreement; Modification. This Agreement, including those documents
incorporated herein by reference, contains the entire agreement of the Parties with respect
to the subject matter hereof. No prior written agreement or contemporaneous or prior oral
agreement between the Parties, or any of them, relating to the subject matter hereof shall
be of any effect. No alteration, amendment, or modification to this Agreement is binding
or valid unless memorialized in a written document signed by the duly authorized
representatives of the Authority, the City, and the Company.
8.7 No Partnership or Joint Venture. Neither this Agreement nor any part thereof is intended
or will be construed or interpreted to create or establish any joint venture, partnership, or
similar arrangement between any of the Parties or to designate any of the Parties as the
agent or representative of any other of the Parties for any purpose.
8.8 No Third-Party Beneficiaries. Notwithstanding any other provision of this Agreement,
the Parties hereby agree that (i) no person will be considered, deemed, or otherwise
recognized to be a third-party beneficiary of this Agreement, (ii) the provisions of this
Agreement are not intended to be for the benefit of any person other than the Parties, (iii)
no person will obtain any right to make any claim against the Authority, the City, or the
Company under the provisions of this Agreement, and (iv) no provision of this Agreement
will be construed or interpreted to confer third-party beneficiary status on any person. For
purposes of this section, the word “person” has the meaning set forth in section 1 -230 of
the Code of Virginia and includes any person, whether or not such person is named in this
Agreement.
8.9 No Waiver; Rights and Remedies Cumulative. The failure by any of the Parties to
enforce any provision of or right under this Agreement does not constitute a waiver of such
provision or right. The failure of any of the Parties to enforce such provision or right will
not prejudice such party from later enforcing or exercising the same or any other provision
or right that such party may have under this Agreement. The rights and remedies provided
by this Agreement are cumulative, and the use of any one right or remedy b y any of the
Parties does not preclude or waive the right to use any or all other rights or remedies. The
rights and remedies provided in this Agreement are given in addition to any other rights
the Parties may have by law or otherwise.
8.10 Records.
8.10.1 Maintenance and Access. The Company shall maintain all books, records, and other
documents relating to this Agreement for a period of five years after the end of each City
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fiscal year during which this Agreement is performed. The Authority, the City, and their
authorized agents, employees, and officers are entitled to reasonable access to and the right
to audit, copy, and examine any of the books, records, and other documents of the Company
relating to this Agreement during the performance of this Agreement and the five-year
retention period.
8.10.2 Applicable Law. The Company acknowledges that records maintained by or in the custody
of the Authority or the City are subject to the Virginia Public Records Act, Va. Code §§
42.1-76 through 42.1-91.1, and the Virginia Freedom of Information Act, Va. Code §§ 2.2-
3700 through 2.2-3715, and therefore are subject to the record retention and public
disclosure requirements mandated by those statutes.
8.10.3 Challenges to Nondisclosure. If the Company submits records to the Authority or the City
and requests that those records not be disclosed under applicable law and the Authority or
the City consequently denies a request for disclosure of those records based on the
Company’s request, and the Authority’s or the City’s denial of a request for disclosure of
those records is challenged in court, the Company shall indemnify and hold harmless the
Authority, the City, and their agents, employees, and officers from and against any and all
liability relating thereto and, upon written demand by the Authority or the City, defend at
the Company’s sole expense, including, but not limited to, attorneys’ fees and other costs
related to litigation, any actual or threatened administrative, arbitration, or judicial action,
claim, investigation, proceeding, or suit initiated by a third party in connection with such
liability.
8.11 Severability. If any provision of this Agreement is determined to be unenforceable, invalid,
or illegal, then the enforceability, validity, and legality of the remaining provisions of this
Agreement will not in any way be affected or impaired, and such provision will be deemed
to be restated to reflect the original intentions of the Parties as nearly as possible in
accordance with applicable law.
8.12 Subject to Appropriations. All payments and other performance by the City and the
Authority under this Agreement are subject to appropriations by the City’s City Council
and to the approval of the City’s City Council and the Authority’s Board of Directors.
Consequently, this Agreement binds the City and the Authority only to the extent that the
City’s City Council appropriates sufficient funds for the City to perform its obligations
hereunder. Under no circumstances will the total liability of the Authority or the City, either
or both, exceed the total amount of funds appropriated by the City’s City Council for
payments or other performance pursuant to this Agreement.
SIGNATURES ON FOLLOWING PAGE
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IN WITNESS WHEREOF, the Parties have executed this Agreement by their duly authorized
representatives as of the date written first above:
Approved as to Form: CITY OF SALEM, VIRGINIA
By: By:
Jim H. Guynn, Jr. Christopher J. Dorsey
City Attorney City Manager
ECONOMIC DEVELOPMENT AUTHORITY
Approved as to Form: OF THE CITY OF SALEM, VIRGINIA
By: By:
Jim H. Guynn, Jr. Paul C. Kuhnel
EDA Counsel Chair
LOS POLLOS AMIGOS INC.
By:
Justin A. Lindsey
Director
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Item #: 6.C.
AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM,
VIRGINIA HELD AT CITY HALL
MEETING DATE: November 24, 2025
AGENDA ITEM: Performance Agreement - McClung Lumber Company,
Incorporated
Consider a request authorizing the City Manager to finalize
and execute a local performance agreement between
McClung Lumber Company Incorporated, the City of Salem,
and the Economic Development Authority of the City of
Salem.
SUBMITTED BY: Tommy Miller, Director of Economic Development
SUMMARY OF INFORMATION:
This performance agreement will result in the Economic Development Authority of the
City of Salem providing a local incentive grant to McClung Lumber Company
Incorporated in the amount of $10,000. The grant will be provided through a payment
of additional business personal property tax generated until the value of $10,000 is
attained.
McClung Lumber Company Incorporated has committed to investing approximately
$300,000 in new taxable personal property at its facility within the City of Salem. In
addition, a minimum of 2 new jobs will result.
The EDA has approved this agreement pending final Council approval. The City
Attorney has also reviewed and approved the agreement as to form.
FISCAL IMPACT:
This performance agreement assists with supporting the growth of an existing small
business in the City.
STAFF RECOMMENDATION:
Staff recommends Council authorize the City Manager to finalize and execute this local
performance agreement.
ATTACHMENTS:
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1. Item 6C 11-24-25 Salem - Econ Devt - McClung - Perf Agmt (Final - Council 11-
24-25)
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PERFORMANCE AGREEMENT
This PERFORMANCE AGREEMENT (the “Agreement”) is made and entered into as of
the ____ day of __________________, 2025, by and among the CITY OF SALEM, VIRGINIA
(the “City”), a municipal corporation of the Commonwealth of Virginia, the ECONOMIC
DEVELOPMENT AUTHORITY OF THE CITY OF SALEM, VIRGINIA (the “Authority”), a
political subdivision of the Commonwealth of Virginia, and MCCLUNG LUMBER COMPANY,
INCORPORATED (the “Company”), a Virginia corporation, any two or more of which may be
referred to as “Parties.”
RECITALS
WHEREAS, the Company operates a custom millwork facility located at 802 South Market
Street, identified as Tax Parcel 184-3-1 in the records of the City Assessor and 800 South Market
Street, identified as Tax Parcel 184-3-4 and Tax Parcel 184-3-5 in the records of the City Assessor
(the “Facility”), at which it will make a capital investment consisting, in part, of taxable tangible
personal property employed in a trade or business, or business personal property, at the Facility;
WHEREAS, the Company’s capital investments for the equipping and improvement of the
Facility will include approximately $300,000 in new taxable business personal property at the
Facility;
WHEREAS, the Company’s equipping, improvement, and operation of the Facility will
entail the creation and maintenance of two new jobs at the Facility;
WHEREAS, the City and the Authority have determined that the Company’s equipping,
improvement, and operation of the Facility will promote economic development, generate
additional revenue, and provide employment opportunities;
WHEREAS, the stimulation of additional tax revenue and economic activity to be
generated by the capital investment, as this Agreement defines such capital investment, and new
jobs constitute a valid public purpose for the expenditure of public funds; and
WHEREAS, section 15.2-953 of the Code of Virginia authorizes the City and section 15.2-
4905 authorizes the Authority to perform the activities that this Agreement contemplates;
WHEREAS, this Agreement sets forth the understanding of the Parties concerning the
payment of a business personal property grant to the Company.
NOW, THEREFORE, in consideration of the foregoing, the mutual benefits, promises, and
undertakings of the Parties, and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the Parties agree as follows:
1.0 Definitions and Interpretation.
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1.1 Previously Defined Terms. The terms “Agreement,” “Authority,” “City,” “Company,”
“Facility,” and “Parties” have the meanings ascribed to them in this Agreement’s preamble
and recitals.
1.2 Additional Definitions. The following terms have the following meanings for purposes of
this Agreement:
1.2.1 Capital Investment. “Capital Investment” means capital expenditures by or on behalf of
the Company that result in improvements to the Facility and an increase in the City’s tax
receipts from business personal property at the Facility after January 1, 2026.
1.2.2 Capital Investment Target. “Capital Investment Target” means a Capital Investment of
not less than $300,000.
1.2.3 Performance Date. “Performance Date” means December 31, 2027.
1.3 Computation of Time.
A. When this Agreement requires that an act be performed a prescribed amount of time
before an event, the day of such event will not be counted against the time allowed, but
the day on which such act is performed will be counted as part of the time. When this
Agreement requires that an act be performed within a prescribed amount of time after
an event, the day on which the event occurred will not be counted against the time
allowed.
B. When this Agreement requires, either by specification of a date or by a prescribed
period of time, that an act be performed on a Saturday, Sunday, or legal holiday or on
any day or part of a day on which the government office where the act to be performed
is closed, the act may be performed on the next day that is not a Saturday, Sunday, legal
holiday, or day on which the government office is closed.
2.0 Capital Investment Target. The Company shall meet the Capital Investment Target as of
the Performance Date.
3.0 Business Personal Property Grant.
3.1 Grant Amount.
A. The Authority will pay the business personal property grant to the Company if the
Company meets the eligibility requirements set forth in section 3.2 of this
Agreement for the purpose of offsetting increased business personal property taxes
paid by the Company as a result of the Capital Investment.
B. The Authority will pay the business personal property grant in annual installments.
The amount of each installment will equal the amount of the increase in revenue to
the City due to business personal property tax receipts resulting from the Capital
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Investment for the year for which the Company requests the installment until the
total amount the Authority has paid to the Company reaches $10,000. Under no
circumstances will the total the Authority pays to the Company exceed $10,000.
C. Under no circumstances will the business personal property grant be a general
obligation of the Authority. The obligations of the Authority are limited solely to
funds received from the City pursuant to this Agreement.
3.2 Company’s Eligibility for Grant. The Company must comply with all of the following
eligibility requirements to be eligible to receive the business personal property grant:
A. The Company shall make the Capital Investment by the Performance Date.
B. The Company shall ensure that all taxes properly assessed and levied by the City
against the Facility, and any tangible personal property of the Company are paid in
full when required.
C. The Company shall comply with the provisions of any laws or regulations enacted
or otherwise made effective by any federal, state, or local governmental entity
which might apply to the performance of this Agreement, obtain all necessary
licenses and permits thereunder, and pay when required all taxes or other charges
properly assessed against the Company thereunder.
D. The Company shall ensure that the Company’s representations under section 5.0 of
this Agreement remain true.
E. The Company shall not be in default under subsections (A), (B), (C), or any of
them, of section 6.1 of this Agreement.
If the Company fails to meet any of these eligibility requirements, then the Company will
be ineligible to receive further business personal property grant installments.
3.3 Request for Payment of Grant.
A. Beginning in the year in which the Capital Investment results in an increase in
revenue to the City of at least $3,000 in business personal property tax receipts, the
Company is entitled to request the initial installment of the business personal
property grant upon the Company’s payment of business personal property taxes
assessed against the business personal property put into service as a result of the
Capital Investment. The Company shall make this request on a form attached to this
Agreement as Exhibit A and include therewith any information required pursuant
to section 3.4 of this Agreement. The Company shall submit this request to both the
Authority and the City no later than September 30 in the year following the year in
which the Company paid the aforementioned business personal property taxes. The
Company shall follow the same process in submitting its subsequent requests for
the subsequent years for which it pays business personal property taxes assessed
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against the business personal property put into service as a result of the Capital
Investment.
B. Upon receipt of the request, the Authority will review the request for compliance
with the requirements of this Agreement, including, but not limited to, sections 3.2
and 3.4. The Authority may disapprove a request which does not comply fully with
the requirements of this Agreement and may require the Company to submit a
revised request. In this event, the Authority shall provide notice to the Company
stating the basis for disapproval, stating any defect in the request, and specifying
the required additional information. The Company shall submit the revised request
within 30 days of receipt of the notice of disapproval.
3.4 Verification of Reports. The Company hereby waives its protections under section 58.1-
3 of the Code of Virginia and authorizes the Commissioner of the Revenue for the City of
Salem, Virginia, and the Treasurer for the City of Salem, Virginia, to disclose tax
information for the sole purpose of verifying the Capital Investment and the payment of
taxes.
3.5 Disbursement of Grant. Following verification and approval of a request by the Company
for payment of an installment of the business personal property grant and subject to the
availability of funds, the Authority shall pay the installment, calculated pursuant to
subsection (B) of section 3.1 of this Agreement, to the Company no later than December
31 of the year in which the Authority approved the request.
3.6 Termination of Grant.
A. In the event (i) the Company fails to submit a request for payment of an installment
of the business personal property grant as and when section 3.3 of this Agreement
requires or (ii) the Authority does not approve a request, and the Company fails to
submit a revised request that complies with all of the requirements of this
Agreement as and when section 3.3 of this Agreement requires, then all obligations
of the Authority and the City pursuant to this Agreement will terminate and neither
the City nor the Authority will have any obligation to fund, disburse, or provide any
outstanding part of the total business personal property grant amount to the
Company.
B. If the Company fails to meet the Capital Investment Target as of the Performance
Date, then at the Authority’s option, (i) the Authority may extend the Performance
Date with the approval of the City or (ii) the Company shall pay the Authority an
amount equal to the total amount of the business personal property grant
installments that the Authority paid to the Company no later than 5:00 p.m., Eastern
Time, ten days after the Performance Date.
4.0 Administration of Agreement.
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4.1 Transfer of Funds. The City shall transfer to the Authority the funds necessary for the
Authority to meet its obligations when needed under this Agreement relating to the business
personal property grant. The City will pay no administrative fees or expenses to the
Authority in relation to this Agreement.
4.2 Obligations Contingent upon Funding Availability. The Authority’s obligation to
undertake the activities contemplated in this Agreement with regard to the business
personal property grant is conditioned specifically upon the City’s provision of funding;
provided, however, that the City’s obligation to provide such funding is subject to the
availability of monies appropriated by the City’s City Council for this Agreement.
4.3 Documents. The Authority agrees to provide the City’s City Manager, or the designee
thereof, with copies of all documents related to this Agreement and will keep the City’s
City Manager fully and timely informed of all matters related to the Agreement.
4.4 Liability and Litigation. It is the intent of the parties not to impose upon the Authority
any responsibility, duty or obligation other than what may be required to implement the
business personal property grant. Accordingly, the Authority does not assume any
responsibility or liability whatsoever except as specifically stated in this Agreement. If
litigation involving the business personal property grant is initiated or expected to be filed
against the Authority, the Authority shall immediately notify the City’s City Attorney and
City Manager.
4.5 Audit. The Authority shall keep records of its financial transactions, if any, related to this
Agreement in accordance with generally accepted accounting principles. The City’s auditor
or a designee thereof may at any time audit the financial transactions undertaken pursuant
to this Agreement.
4.6 No Surety. The Authority is not required to furnish the City with surety.
5.0 Representations. The Company represents the following:
A. The Company is empowered to enter into this Agreement, to be bound hereby, and
to perform according to the terms hereof.
B. Any and all actions necessary to enable the Company to enter into this Agreement,
and to be bound hereby, have been duly taken.
C. The person or persons executing or attesting the execution of this Agreement on
behalf of the Company has or have been duly authorized and empowered to so
execute or attest.
D. The execution of this Agreement on behalf of the Company will bind and obligate
the Company to the extent provided by the terms hereof.
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E. There exists no litigation pending against the Company or, to the Company’s actual
knowledge, threatened that, if determined adversely, would materially and
adversely affect the ability of the Company to carry out its obligations under this
Agreement or the transactions contemplated hereunder.
F. The Company is authorized to transact business in the Commonwealth of Virginia
as of the date written first above and warrants that it will remain so through the
Performance Date.
6.0 Default.
6.1 Events of Default. Each of the following will constitute a default by the Company:
A. Any court of competent jurisdiction enters an order, judgment, or decree approving
a petition seeking reorganization of the Company, all or a substantial part of the
assets of the Company, or any guarantor of the Company or appointing a receiver,
sequestrator, trustee, or liquidator of the Company, any guarantor of the Company,
or any of their property, and such order, judgment, or decree continues unstayed
and in effect for at least 60 days.
B. The Company (i) makes a general assignment for the benefit of creditors, (ii) is
adjudicated as either bankrupt or insolvent, (iii) files a voluntary petition in
bankruptcy or a petition or and answer seeking reorganization or an arrangement
with creditors, (iv) either (a) takes advantage of any bankruptcy, reorganization,
insolvency, readjustment of debt, dissolution, or liquidation law or (b) admits the
material allegations of a petition filed against the Company in any proceedings
under such a law, or (v) any guarantor of the Company takes action for the purposes
of effecting any item identified in item (iv).
C. The Company fails to maintain its corporate existence.
D. The Company fails to meet the Capital Investment Target.
6.2 Effect of Default. In the case of a default:
A. The provisions of section 3.0 of this Agreement will terminate immediately;
B. Neither the City nor the Authority will have any further obligation relating to the
provisions of section 3.0 of this Agreement; and
C. The Company will no longer be eligible to receive grant installments pursuant to
sections 3.0 of this Agreement.
7.0 Notices. All notices, demands, or other communications pursuant to this Agreement must
be in writing, must be sent to the other Parties, and will be deemed to have been duly and
validly given when actually received by the addressee or when delivered (i) in person, (ii)
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by independent, reputable, overnight commercial carrier, or (iii) by deposit in the United
States mail, postage and fees fully prepaid, registered or certified mail, with return receipt
requested, at the following addresses or such other addresses as any of the Parties may
from time to time specify to the other Parties by notice given in accordance with this
section:
If to the Authority: with a copy to:
Economic Development Authority Guynn Waddell, P. C.
of the City of Salem, Virginia Attn: Salem EDA Counsel
Attn: Chair 415 S College Ave
114 N Broad St Salem, VA 24153-5055
Salem, VA 24153-3734
If to the City: with copies to:
City of Salem, Virginia City of Salem, Virginia
Attn: City Manager Attn: Director of Economic Development
114 N Broad St 114 N Broad St
Salem, VA 24153-3734 Salem, VA 24153-3734
and
Guynn Waddell, P. C.
Attn: Salem City Attorney
415 S College Ave
Salem, VA 24153-5055
If to the Company: with a copy to:
McClung Lumber Company, Incorporated McClung Lumber Company, Incorporated
Attn: President Attn: Ryan Millard
802 S Market St 802 S Market St
Salem, VA 24153-5107 Salem, VA 24153-5107
8.0 Miscellaneous Provisions.
8.1 Assignment. The Company may not assign, delegate, sublet, or otherwise transfer the
Company’s interest in this Agreement, any of the Company’s rights or duties under this
Agreement, or any part of such interest, rights, or duties. Further, the Company shall not
assign, sublet, or transfer its interest or any part thereof in this Agreement by means or as
part of any sale, merger, consolidation, assignment, or any other event that would result in
new or different ownership, control, operation, or administration of the Company’s
business affairs without the prior written consents of the Authority and the City.
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8.2 Authorization to Act. The City Manager of the City or a designee thereof is authorized to
act on behalf of the City for purposes of this Agreement, and the Chairman of the Authority
is authorized to act on behalf of the Authority for purposes of this Agreement.
8.3 Captions. This Agreement includes the captions, headings, and titles appearing herein for
convenience only, and such captions, headings, and titles will not affect the construction,
interpretation, or meaning of this Agreement.
8.4 Counterparts. This Agreement may be executed in one or more counterparts, each of
which will be an original, and all of which together will be one and the same instrument.
A signatory has signed this Agreement when that signatory’s signature is delivered by
electronic mail, facsimile transmission, or another electronic medium. All Parties will treat
these signatures in all respects as having the same force and effect as original signatures.
8.5 Dispute Resolution.
8.5.1 Attorneys’ Fees. Each party will bear the cost of its own attorneys’ fees.
8.5.2 Construction and Interpretation. Each of the Parties has had the opportunity to have its
legal counsel review this Agreement on its behalf. If an ambiguity or question of intent
arises with respect to any provision of this Agreement, this Agreement will be construed as
if drafted jointly by the Parties. Neither the form of this Agreement, nor any language
herein, shall be construed or interpreted in favor of or against any party hereto as the sole
drafter thereof.
8.5.3 Forum and Venue Choice. Any and all disputes, claims, and causes of action arising out
of or in connection with this Agreement, or any performances made hereunder, shall be
brought, and any judicial proceeding shall take place, only in the Circuit Court of the City
of Salem, Virginia. The Company accepts the personal jurisdiction of this court for
purposes of such action and waives all jurisdiction- and venue-related defenses to the
maintenance of such action.
8.5.4 Governing Law. All issues and questions concerning the construction, enforcement,
interpretation, and validity of this Agreement, or the rights and obligations of the Parties in
connection with this Agreement, shall be governed by, and construed and interpreted in
accordance with, the laws of the Commonwealth of Virginia, without giving effect to any
choice of law or conflict of laws rules or provisions, whether of the Commonwealth of
Virginia or any other jurisdiction, that would cause the application of the laws of any
jurisdiction other than those of the Commonwealth of Virginia.
8.6 Entire Agreement; Modification. This Agreement, including those documents
incorporated herein by reference, contains the entire agreement of the Parties with respect
to the subject matter hereof. No prior written agreement or contemporaneous or prior oral
agreement between the Parties, or any of them, relating to the subject matter hereof shall
be of any effect. No alteration, amendment, or modification to this Agreement is binding
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or valid unless memorialized in a written document signed by the duly authorized
representatives of the Authority, the City, and the Company.
8.7 No Partnership or Joint Venture. Neither this Agreement nor any part thereof is intended
or will be construed or interpreted to create or establish any joint venture, partnership, or
similar arrangement between any of the Parties or to designate any of the Parties as the
agent or representative of any other of the Parties for any purpose.
8.8 No Third-Party Beneficiaries. Notwithstanding any other provision of this Agreement,
the Parties hereby agree that (i) no person will be considered, deemed, or otherwise
recognized to be a third-party beneficiary of this Agreement, (ii) the provisions of this
Agreement are not intended to be for the benefit of any person other than the Parties, (iii)
no person will obtain any right to make any claim against the Authority, the City, or the
Company under the provisions of this Agreement, and (iv) no provision of this Agreement
will be construed or interpreted to confer third-party beneficiary status on any person. For
purposes of this section, the word “person” has the meaning set forth in section 1 -230 of
the Code of Virginia and includes any person, whether or not such person is named in this
Agreement.
8.9 No Waiver; Rights and Remedies Cumulative. The failure by any of the Parties to
enforce any provision of or right under this Agreement does not constitute a waiver of such
provision or right. The failure of any of the Parties to enforce such provision or right will
not prejudice such party from later enforcing or exercising the same or any other provision
or right that such party may have under this Agreement. The rights and remedies provided
by this Agreement are cumulative, and the use of any one right or remedy b y any of the
Parties does not preclude or waive the right to use any or all other rights or remedies. The
rights and remedies provided in this Agreement are given in addition to any other rights
the Parties may have by law or otherwise.
8.10 Records.
8.10.1 Maintenance and Access. The Company shall maintain all books, records, and other
documents relating to this Agreement for a period of five years after the end of each City
fiscal year during which this Agreement is performed. The Authority, the City, and their
authorized agents, employees, and officers are entitled to reasonable access to and the right
to audit, copy, and examine any of the books, records, and other documents of the Company
relating to this Agreement during the performance of this Agreement and the five-year
retention period.
8.10.2 Applicable Law. The Company acknowledges that records maintained by or in the custody
of the Authority or the City are subject to the Virginia Public Records Act, Va. Code §§
42.1-76 through 42.1-91.1, and the Virginia Freedom of Information Act, Va. Code §§ 2.2-
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3700 through 2.2-3715, and therefore are subject to the record retention and public
disclosure requirements mandated by those statutes.
8.10.3 Challenges to Nondisclosure. If the Company submits records to the Authority or the City
and requests that those records not be disclosed under applicable law and the Authority or
the City consequently denies a request for disclosure of those records based on the
Company’s request, and the Authority’s or the City’s denial of a request for disclosure of
those records is challenged in court, the Company shall indemnify and hold harmless the
Authority, the City, and their agents, employees, and officers from and against any and all
liability relating thereto and, upon written demand by the Authority or the City, defend at
the Company’s sole expense, including, but not limited to, attorneys’ fees and other costs
related to litigation, any actual or threatened administrative, arbitration, or judicial action,
claim, investigation, proceeding, or suit initiated by a third party in connection with such
liability.
8.11 Severability. If any provision of this Agreement is determined to be unenforceable, invalid,
or illegal, then the enforceability, validity, and legality of the remaining provisions of this
Agreement will not in any way be affected or impaired, and such provision will be deemed
to be restated to reflect the original intentions of the Parties as nearly as possible in
accordance with applicable law.
8.12 Subject to Appropriations. All payments and other performance by the City and the
Authority under this Agreement are subject to appropriations by the City’s City Council
and to the approval of the City’s City Council and the Authority’s Board of Directors.
Consequently, this Agreement binds the City and the Authority only to the extent that the
City’s City Council appropriates sufficient funds for the City to perform its obligations
hereunder. Under no circumstances will the total liability of the Authority or the City, either
or both, exceed the total amount of funds appropriated by the City’s City Council for
payments or other performance pursuant to this Agreement.
SIGNATURES ON FOLLOWING PAGE
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IN WITNESS WHEREOF, the Parties have executed this Agreement by their duly authorized
representatives as of the date written first above:
Approved as to Form: CITY OF SALEM, VIRGINIA
By: By:
Jim H. Guynn, Jr. Christopher J. Dorsey
City Attorney City Manager
ECONOMIC DEVELOPMENT AUTHORITY
Approved as to Form: OF THE CITY OF SALEM, VIRGINIA
By: By:
Jim H. Guynn, Jr. Paul C. Kuhnel
EDA Counsel Chair
MCCLUNG LUMBER COMPANY,
INCORPORATED
By:
Thomas J. Stratton
President
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Item #6.D
Date: 11/24/2025
November 24, 2025
Council of the City of Salem
Salem, Virginia 24153
Dear Council Members:
For your information, I am listing appointments and vacancies on various boards and commissions:
Board or Commission Recommendation
Blue Ridge Behavioral Healthcare Recommend reappointing Rev. Todd Hester for a three-year
term ending December 31, 2028 as a City-appointed
representative; and ratifying the reappointment of Patrick
Kenney by Blue Ridge Behavioral Healthcare as an at-large
member for a three-year term ending December 31, 2028.
Board of Equalization of Real Estate
Assessments
Recommend David Prosser for Circuit Court reappointment for
a three-year term ending November 30, 2028.
Western Virginia Emergency Medical Services
Council
Vacancies
Board of Zoning Appeals
Roanoke River Blueway Advisory Committee
Sincerely,
Laura Lea Harris
Laura Lea Harris
Deputy Clerk of Council
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CITY OF SALEM, VIRGINIA
BOARDS AND COMMISSIONS
November 24, 2025
MEMBER EXPIRATION OF TERM
BLUE RIDGE BEHAVIORAL HEALTHCARE
Term of Office: 3 years (3 terms only)
Denise P. King 12-31-27
Rev. C. Todd Hester 12-31-25
Chris Yeakel 12-31-26
AT LARGE MEMBERS:
Patrick Kenney 12-31-25
Helen Ferguson 12-31-26
Bobby Russell 12-31-27
BOARD OF APPEALS (USBC BUILDING CODE)
Term of Office: 5 years
Steve Poff 1-01-26
Robert S. Fry, III 1-01-28
Patrick Snead 1-01-30
Ray Varney 5-11-30
Joseph Driscoll 1-01-28
ALTERNATES:
David Hodges 12-12-26
Chelsea Dyer 8-09-30
David Botts 1-01-29
BOARD OF EQUALIZATION OF REAL ESTATE
ASSESSMENTS
Term of Office: 3 years (appointed by Circuit Court)
Wendel Ingram 11-30-27
Corey Fobare 11-30-27
David A. Prosser 11-30-25
Janie Whitlow 11-30-26
Kathy Fitzgerald 11-30-27
BOARD OF ZONING APPEALS
Term of Office: 5 years (appointed by Circuit Court)
F. Van Gresham 3-20-27
Jeff Zoller 3-30-28
Steve Belanger 6-05-29
Gary Lynn Eanes 3-20-30
Tom Copenhaver 3-20-27
ALTERNATES:
Tony Rippee 10-12-28
Vacant 3-1-28
Vacant 11-13-28
CHIEF LOCAL ELECTED OFFICIALS (CLEO)
CONSORTIUM
No Term Limit
H, Hunter Holliday
Alternate: John Saunders
MEMBER EXPIRATION OF TERM
COMMUNITY POLICY AND MANAGEMENT TEAM
No term limit except for Private Provider
(Names) (Alternates)
Rosie Jordan Tammy Todd
Laura Lea Harris Crystal Williams
Kevin Meeks Joshua Vaught Amy Cole
Jasmin Lawson
Cathy Brown Leigh Frazier Howard Shumate
Heather Gunn Courtenay Alleyne
Deborah Breedlove
Parent Rep-Vacant Vacant
Sue Goad Chrissy Brake
Randy Jennings Bridget Nelson
Vacant Mandy Hall
Sean Slusser Seth Chamberland
Health Dept. - Vacant Vacant
Wendel Cook Jessica Cook Casey Mabery
*Note: Rosie Jordan will serve as Fiscal Agent
For the City of Salem
ECONOMIC DEVELOPMENT AUTHORITY
Term of Office: 4 years (Requires Oath of Office)
William Q. Mongan 3-09-27
Paul C. Kuhnel 3-09-28
Kimberly Blair 3-09-28
Cindy Shelor 4-10-29
Jason Fountain 3-09-29
Sean B. Kosmann 12-14-28
Joe Curran . 12-14-28
FAIR HOUSING BOARD
Term of Office: 3 years
Betty Waldron 7-01-28
Melton Johnson 7-01-26
Cole Keister 8-09-27
Pat Dew 3-01-27
Janie Whitlow 4-09-27
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MEMBER EXPIRATION OF TERM
FINE ARTS COMMISSION (INACTIVE)
Term of Office: 4 years
Cameron Vest 5-01-15
Julie E. Bailey Hamilton 5-01-15
Brenda B. Bower 7-26-12
Vicki Daulton 10-26-12
Hamp Maxwell 10-26-12
Fred Campbell 5-01-13
Rosemary A. Saul 10-26-13
Rhonda M. Hale 10-12-14
Brandi B. Bailey 10-12-14
STUDENT REPRESENTATIVES
LOCAL OFFICE ON AGING
Term of Office: 3 years
John P. Shaner 3-01-27
Partnership for a Livable Roanoke Valley (INACTIVE)
Term of Office: Unlimited
PERSONNEL BOARD
Term of Office: 2 years
William R. Shepherd 6-09-27
J. Chris Conner 8-12-27
Margaret Humphrey 8-12-27
Garry Lautenschlager 11-23-26
Teresa Sizemore 4-26-27
PLANNING COMMISSION AND
NPDES CITIZENS' COMMITTEE
Term of Office: 4 years
Mark Henrickson 7-31-26
Denise “Dee” King 7-31-26
Nathan Routt 7-26-27
Reid Garst 7-31-26
N. Jackson Beamer 8-28-27
REAL ESTATE TAX RELIEF REVIEW BOARD
Term of Office: 3 years
David G. Brittain 2-14-28
Wendel Ingram 6-11-27
Daniel L. Hart 2-14-27
ROANOKE REGIONAL AIRPORT COMMISSION
Term of Office: 4 years
Dale T. Guidry 7-1-28
ROANOKE RIVER BLUEWAY ADVISORY COMMITTEE
Term of Office: 2 years
Jeff Ceasar 6-30-24
Vacant 6-30-25
MEMBER EXPIRATION OF TERM
ROANOKE VALLEY-ALLEGHANY REGIONAL
COMMISSION
Term of Office: 3 years
H. Hunter Holliday 6-30-27
Dee King 6-30-26
Anne Marie Green 6-30-27
ROANOKE VALLEY BROADBAND AUTHORITY
Term of Office: 4 years
H. Robert Light 12-14-27
Mike McEvoy (Citizen At-large) 12-13-25
ROANOKE VALLEY DETENTION COMMISSION
No Terms
Member Alternate
Rosemarie Jordan Chris Dorsey
ROANOKE VALLEY GREENWAY COMMISSION
Term of Office: 3 years
Dr. Steven L. Powers 11-08-27
Russ Craighead 6-30-28
Denise P. King 9-26-26
ROANOKE VALLEY RESOURCE AUTHORITY
Term of Office: 4 years
Rob Light 12-31-27
ROANOKE VALLEY TRANSPORTATION PLANNING
ORGANIZATION (TPO) POLICY BOARD
Term of Office: 3 years
Renee F. Turk 6-30-26
H. Hunter Holliday 6-30-26
Alternate: Byron R. Foley 6-30-26
SCHOOL BOARD OF THE CITY OF SALEM
Term of Office: 3 years
Teresa Sizemore-Hernandez 12-31-27
Andy Raines* 12-31-25
*reappointed term as of 1/1/26 12-31-28
Stacey Danstrom**12-31-25
**Michael Crawley as of 1/1/26 12-31-28
Macel Janoschka 12-31-26
Chris King 12-31-27
SOCIAL SERVICES ADVISORY BOARD
Term of Office: 4 years, 2 term limit
Anne Marie Green 6-30-26
TOTAL ACTION FOR PROGRESS
Term of Office: 3 years
Byron Randolph Foley 12-31-27
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MEMBER EXPIRATION OF TERM
TRANSPORTATION TECHNICAL COMMITTEE (TTC)
Term of office: 3 years
Crystal Williams 6-30-26
Josh Pratt 6-30-26
Alternate: Vacant 6-30-26
Alternate: Max Dillon 6-30-26
VIRGINIA ALCOHOL SAFETY ACTION PROGRAM
BOARD (VASAP)
Term of office: 3 years
Chris Shelor 1-27-28
VIRGINIA WESTERN COMMUNITY COLLEGE LOCAL
ADVISORY
Term of Office: 4 years (2 terms only)
Michael Maxey 6-30-26
VIRGINIA’S BLUE RIDGE BOARD
Term of Office: No term limit
Chris Dorsey
John Shaner
WESTERN VIRGINIA EMERGENCY MEDICAL
SERVICES COUNCIL
Term of office: 3 years
Deputy Chief Matt Rickman 12-31-25
WESTERN VIRGINIA REGIONAL INDUSTRIAL
FACILITY AUTHORITY
Term of Office: 4 years (Requires Oath of Office)
Tommy Miller 2-3-26
Chris Dorsey 2-3-28
Crystal Williams (Alternate) 2-3-26
H. Robert Light (Alternate)2-3-28
WESTERN VIRGINIA REGIONAL JAIL AUTHORITY
Appointee Term of Office: 1 year – Expires 12-31-25
Alternates serve until another alternate is appointed
(Requires Oath of Office)
Governing Body Appointee (by Council): Byron R. Foley
Governing Body Alternate (by Council): H. Hunter Holliday
Local Official Appointee (by Council): Rosemarie Jordan
Local Official Alternate (by Council): Chris Dorsey
Sheriff (Automatic): Chris Shelor
Sheriff Alternate (Appointed by Sheriff): Chief Deputy-
Major Steve Garber
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