HomeMy WebLinkAbout1/24/2022 - City Council - Agenda -Regular
Ci ty Council Meeting
AGENDA
Monday, January 24, 2022, 6:30 P M
Wo rk S es s io n 6:00 P.M. P arlor A, S alem C ivic C enter, 1001 R oanoke Bo ulevard, S alem, Virginia 24153
R egular S es s io n 6:30 P.M. C ommunity R oom, S alem C ivic C enter, 1001 R oanoke Boulevard, S alem, Virginia 24153
WORK SE SSI ON
1.C all to Order
A.Roll Call
2.New Business
A.Discussion I tems
1) Marijuana Retail Sales Regulations Discussion
3.Adjournment
RE GU L AR SE S SI ON
1.C all to Order
2.Pledge of Allegiance
3.Bid Openings, Awards, Recognitions
4.C onsent Agenda
A.Citizens Comments
C omments from the public, limited to five minutes, on matters not already having a public
hearing component that same meeting. T he following have signed up to speak at this meeting:
1) C ynthia Munley, 425 Roanoke Boulevard - Citizen Input
2) Tessa Warner, 745 Virginia - Tree Planting
B.Minutes
C onsider acceptance of the J anuary 10, 2022 Work Session and Regular Meeting minutes.
5.Old Business
6.New Business
A.Amendment to the Zoning Ordinance
Hold public hearing and consider ordinance on first reading for rezoning the property of Scott A.
Boggs, property owner, located at 407 East Burwell Street (Tax Map # 120-1-5) from RB
Residential Business District to T BD Transitional Business District. (As advertised in the J anuary
6 and 13, 2022 issues of the Salem Times-Register.) Planning Commission recommends approval;
see pages 3-4 of Planning C ommission minutes). STA FF REPO RT
B.Amendment to the Zoning Ordinance
Hold public hearing and consider ordinance on first reading for the request of Union Plaza, LLC,
contract purchaser, and the City of Salem, property owner, for rezoning the property located at 630
Union Street (Tax Map # 160-11-2) from HM Heavy Manufacturing District to HBD Highway
Business District. (As advertised in the J anuary 6 and 13, 2022 issues of the Salem Times-
Register.) Planning Commission recommends approval; see pages 4-5 of Planning Commission
minutes). STA FF REPO RT
C .Special Exception P ermit
Hold public hearing to consider the request of 2936 Salem Inc., dba Sunshine Spa and 217 N Y
Ave Corp, property owner, for the issuance of a Special Exception Permit to allow a massage
parlor at 2936 West Main Street (Tax Map # 210-1-2). (As advertised in the J anuary 6 and 13,
2022 issues of the Salem Times-Register.) Planning Commission recommends denial; see pages 5-
6 of Planning Commission minutes). STA FF REPO RT
D.Amendment to City Code - Chapter 106
Hold public hearing and consider ordinance on first reading amending Chapter 106, Zoning, Article
IV. Development Standards, Section 106-400 pertaining to site plan review. (As advertised in the
J anuary 6 and 13, 2022 issues of the Salem Times-Register.) Planning Commission recommends
approval; see pages 6-7 of Planning Commission minutes). STA FF REPO RT
E.Amendment to City Code - Chapter 78
Hold public hearing and consider ordinance on first reading amending Chapter 78, Subdivisions,
Article I Generally, Sections 78-103 and 78-105, Article II Administration, 78-201, Article III
Definitions, Section 78-300, Article IV Review of Plats, Sections 78-402, 78-403, 78-406, 78-408,
78-416, and 78-421.4 of the C O D E O F T HE C IT Y O F SALEM, VIRG INIA pertaining to the
review of subdivision site plans and plats. (As advertised in the J anuary 6 and 13, 2022 issues of
the Salem Times-Register.) Planning Commission recommends approval; see pages 7-8 of
Planning Commission minutes). STA FF REPO RT
F.Amendment to City Code - Chapter 86
C onsider ordinance on first reading amending C hapter 86 Traffic and Vehicles, Article XII
Dockless Mobility Operations; Shared Mobility Systems, of T he C ode of T he City of Salem,
Virginia to establish a pilot program for shared mobility devices.
7.Adjournment
Item #4B
Date: 1/24/2022
City Council Meeting
MINUTES
Monday, January 10, 2022, 6:30 PM Work Session 5:45 P.M. Parlor A, Salem Civic Center, 1001 Roanoke Boulevard, Salem, Virginia 24153
Regular Session 6:30 P.M. Community Room, Salem Civic Center, 1001 Roanoke Boulevard, Salem, Virginia 24153
WORK SESSION
1. Call to Order
A. Roll Call
A work session of the Council of the City of Salem, Virginia, was held in
Parlor A at the Salem Civic Center, 1001 Roanoke Boulevard, Salem,
Virginia, on January 10, 2022, at 5:45 p.m., there being present the following
members of said Council to wit: Renée Ferris Turk, Mayor; James W.
Wallace, III, Vice-Mayor; Council members; Byron Randolph Foley, William
D. Jones, and John Saunders; with Renée Ferris Turk, Mayor, presiding;
together with James E. Taliaferro, II, City Manager; Rob Light, Assistant City
Manager and Clerk of Council; Rosemarie B. Jordan, Director of Finance;
Crystal Williams, Assistant to the City Manager; Laura Lea Harris, Deputy
Clerk of Council; Jim Guynn, City Attorney; Travis Andrews, attorney with
Guynn, Waddell, Carroll & Lockaby; and Will Simpson, City Engineer; and
the following business was transacted; Mayor Turk reported that this date, place, and time had been set in order
for the Council to hold a work session; and
2. New Business
A. Discussion Items
1) Mobility Systems discussion
2) Discussion of School Board terms as a result of the mandated change
requiring November Council elections.
WHEREAS, Jim Guynn introduced Travis Andrews, new attorney with
Guynn, Waddell, Carroll & Lockaby. He proceeded to explain the background
for a proposed amendment to Section 86 of City Code allowing the City
Manager oversight of dockless mobility system. This amendment is driven by
State Code. Mr. Guynn recommended that a Pilot program woul d be
appropriate and that since the current ordinance does not allow for a pilot
program that the proposed ordinance would allow for this. A pilot program
Item #4B
Date: 1/24/2022
along with a Memorandum of Understanding would allow the City to monitor
and structure the requirements necessary to allow for dockless mobiility
systems in the City of Salem. He recommended an application form for the
City's use. Mr. Guynn shared a map that reflected the area of Salem that would
be impacted and recommended that this ordinance be brought before Council
for approval at the next Council meeting and also suggested that staff would
manage the applications and monitoring of such system; and
WHEREAS, Mr. Taliaferro gave background for a discussion on the effect of
the mandated change requiring November Council elections on School Board
terms. The potential issue that Council foresees is that any outgoing Council
members would be appointing School Board members for a future term. They
also discussed that training for new School Board members could be an issue if
the appointment timeline is changed. Consensus was reached that they would
wait and see how things work out this coming year and then make a decision.
It was also found that the training for new School Board members was late
enough in January that it should not pose a problem; and
3. Adjournment
WHEREAS, there being no further business, Mayor Turk adjourned the
meeting at 6:18 p.m.
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; James W. Wallace, III, Vice -Mayor; Councilmembers:
Byron Randolph Foley, William D. Jones, and John Saunders; with Renée
Ferris Turk, Mayor, presiding together with James E. Taliaferro, II, City
Manager; Rob Light, Assistant City Manager and Clerk of Council;
Rosemarie B. Jordan, Director of Finance; Will Simp son, City Engineer; Mike
Stevens, Director of Communications; and Jim Guynn, City Attorney.
2. Pledge of Allegiance
3. Bid Openings, Awards, Recognitions
4. Consent Agenda
A. Citizen Comments
Item #4B
Date: 1/24/2022
Comments from the public, limited to five minutes, on matters not already
having a public hearing component that same meeting. The following have
signed up to speak at this meeting:
1) Cynthia Munley, 425 Roanoke Boulevard -A big done deal.
2) William Stetson, 126 Carrollton Avenue - Speeding problems on
residential streets
3) John Breen, 142 Bogey Lane - What ever happened to 1-11-21?
1) Cynthia Munley, 425 Roanoke Boulevard, appeared before Council. She
discussed the rezoning of the Elizabeth Campus property and requested that
Council bring citizens into the planning and execution of all development in
Salem.
2) William Stetson, 126 Carrollton Avenue, addressed Council. He
shared concerns about speeding problems on residential streets.
3) John Breen, 142 Bogey Lane, was the last citizen to address Council. He
reviewed a resolution that he had proposed to Council in January 2021 and
detailed the current status of each aspect. Mr. Breen gave a list of specific
actions that he requested be take in 2022.
B. Minutes
Consider acceptance of the December 13, 2021 Work Session and Regular
Meeting minutes and the December 28, 2021 Special Meeting minutes.
The minutes were accepted as written.
C. Financial Report
Consider the acceptance of the Statement of Revenues and Expenses
for the five months ending November 30, 2021.
Mr. Jones noted that sales tax, meals tax, and lodging tax were up $425,000
from this time last year. He indicated that this was an indication of the
positive direction of the economy.
The financial reports were received.
5. Old Business
A. Amendment to City Code - Chapter 2 Consider the adoption of an ordinance on second reading to amend Chapter
2-Administration, Article I-In General of the Code of the City of Salem as
Item #4B
Date: 1/24/2022
a result of the approved Virginia General Assembly Senate Bill 1157 that
requires municipalities pass ordinances changing elections from May to
November. (Approved on first reading at December 13, 2021 meeting.)
William Jones motioned to adopt the ordinance on second reading to amend
Chapter 2- administration, Article I-In General of the Code of the City of
Salem as a result of the approved Virginia General Assembly Senate Bill 1157
that requires municipalities pass ordinances changing elections from May to
November. (Approved on first reading at the December 13, 2021 Council
meeting.). Randy Foley seconded the motion.
Ayes: Foley, Jones, Saunders, Turk, Wallace
6. New Business
A. Use Not Provided For Permit
Hold public hearing to consider the request of Sia Asset Management LLC,
applicant, and Helm Building Enterprises, LTD, property owner, for a Use
Not Provided For Permit to allow crypto mining at 1401 Southside Drive, Tax
Map # 165-4-2.1. (As advertised in the December 23 and 30, 2021 issues of
the Salem Times-Register). (Planning Commission recommends approval with
conditions: see pages 3-7 of Planning Commission minutes) STAFF REPORT
Mr. Taliaferro noted that the petitioners are not present tonight and that
Council could continue the public hearing until January 24th and hold the
public hearing at that point.
Mayor Turk stated that Council wanted to be able to hear everyone's comments
and to allow those that are petitioning to be able to speak.
Mr. Foley asked if the public hearing had to be held tonight as it had been
advertised and was informed that a motion could be made to continue it to a
later date.
Mr. Foley requested to continue the public hearing to the first meeting in
February to allow for more time to do research.
Mayor Turk agreed that February 14th would give Council more time to read
and study about crypto mining.
Randy Foley motioned to continue t he date of this item to February 14, 2022
at the Salem Civic Center, where there will be a public hearing. John
Saunders seconded the motion.
Item #4B
Date: 1/24/2022
Ayes: Foley, Saunders, Turk, Wallace
Abstain: Jones
B. Resolution - VDOT I-81 Project
Consider adoption of Resolution 1417 in support of design approval and
limited access control changes for the Interstate 81 widening project from Exit
137 to Exit 141.
Mr. Simpson noted that the project is an expansion of I-81. Work is currently
being done on I-81 from Exit 141-Exit 150. The section from Exit 137 to Exit
141 directly impacts Salem. VDOT is still in the design p rocess. They have
shared plans for what they are doing and how it will impact certain areas in
Salem and the exits off the Interstate. The only action being taken now is voting
on a resolution in support of the project. Council is not being asked to commit to
approval of any specific designs or details at this point.
Mayor Turk asked a question that had been raised by the public as to whether
this would have anything to do with lights on the exits. Mr. Simpson stated that
this detail is not included in this and that he did not believe that VDOT was that
far along in the details at this point.
Mr. Foley asked if there would be additional public hearings once the design
was finalized. Mr. Simpson did not know if there would be any further public
hearings. Mr. Foley also asked if they were looking at changing any of the exits,
for example Exit 137 South having a sharp turn. Mr. Simpson stated that they
are looking at making some changes at Exit 137 to help improve traffic flow off
of the exit onto Wildwood. They are also looking at making some minor
changes at the Thompson Memorial exit to help with the turning radius of larger
trucks.
Randy Foley motioned to adopt Resolution 1417 in support of the design
approval and limited access control changes for the In terstate 81 widening
project from Exit 137 to Exit 141. William Jones seconded the motion.
Ayes: Foley, Jones, Saunders, Turk, Wallace
C. Performance Agreement with Layman Consider a request authorizing the City Manager to finalize and execute a
Performance Agreement between Layman Candy Company, LLC and Layman
Item #4B
Date: 1/24/2022
Real Estate Holdings, LLC, the City of Salem, and the Economic Development
Authority of the City of Salem. Audit - Finance Committee
Mr. Wallace gave some background information on this item as included in
the agenda packet. as follows:
Layman Candy Company, Inc. has experienced significant growth and intends to
relocate its headquarters and primary distribution center to 2159 Apperson Drive
in the City of Salem.
This project will include a significant capital investment in this site by the
company that will generate additional tax revenue for the City. Additionally, the
company intends to create and maintain a significant number of new jobs.
The proposed performance agreement establishes targets related to sales growth,
new jobs, minimum capital investments, timing for investment, and length of
occupancy. The City will provide the Economic Development Authority (EDA)
of the City of Salem up to a total of $250,000 to be paid as a local grant by the
EDA in five consecutive annual lump sum payments of $50,000 each to the
company as an inducement to achieve and maintain the targets.
The company shall forfeit the local grant for any year in which it fails to achieve
and/or maintain any target under the agreement.
At their regular October 11, 2021 meeting, the EDA authorized the EDA Chair to
execute the agreement contingent upon approval by Council.
He also shared that in further conversations with Mr. Wayne Adkins, Business
Outreach Coordinator, the Audit-Finance Committee learned that Layman Candy
will be putting a new freezer in and making capital improvemen ts to the project.
These two factors alone will net the City $10,000 at the end of this agreement. In
addition, if they meet their growth targets this will be a good deal for the City.
Mr. Foley clarified the location for the benefit of the public as the old Brendle's
or ECPI building on Apperson just before you cross into Roanoke City.
James Wallace motioned to authorize the City Manager to finalize and execute a
Performance Agreement between Layman Candy Company, LLC and Layman
Real Estate Holdings, LLC, the City of Salem, and the Economic Development
Authority of the City of Salem. John Saunders seconded the motion.
Ayes: Foley, Jones, Saunders, Turk, Wallace
Item #4B
Date: 1/24/2022
D. Simms Farm Section 2
Consider setting bond for physical improvements and erosion and sediment
control for Simms Farm Section 2. Audit - Finance Committee
James Wallace motioned to approve physical improvements and erosion and
sediment control for Simms Farm Section 2 and that the project be bonded in
the amount of $189,184.00 for a time frame for completion set at twelve (12)
months. Randy Foley seconded the motion.
Ayes: Foley, Jones, Saunders, Turk, Wallace
E. Boards and Commissions
Consider appointments to various boards and commissions.
Mr. Foley asked Mr. Taliaferro if the Western Virginia Regional Industrial
Facilities Authority is normally filled by managers and administrators or if this
would potentially be filled by Economic Development Director once that position
is filled. Mr. Taliaferro responded that this could also be filled by Economic
Development as well.
Mr. Light added that the City Manager and himself are serving on that
Board currently and that there is a vacant alternate position for his position
as well.
Randy Foley motioned to to re-appoint David Brittain for a three-year term
ending February 14, 2025 to the Real Estate Tax Relief Review Board; to re-
appoint James Taliaferro for a full four-year term ending February 3, 2026 to the
Western Virginia Regional Industrial Facilities Authority; and to re-appoint
Crystal Williams as an alternate for a full four-year term ending February 3, 2026
to the Western Virginia Regional Industrial Facilities Authority. William Jones
seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace
Mayor Turk asked if there was any further new business.
Mr. Guynn stated that the law firm that represents the City of Salem in t he
Opioid litigation is also the attorney of record for the closing the bond sale for
refunding a water and sewer bond. He requested that City Council vote to
authorize the City Manager to sign a waiver of Conflict of Interest. He noted
that basically the Opioid litigation has nothing to do with the bond closing.
Item #4B
Date: 1/24/2022
Renee Turk motioned to authorize the City Manager to sign a waiver of Conflict
of Interest. Randy Foley seconded the motion.
Ayes: Foley, Jones, Saunders, Turk, Wallace
7. Adjournment
The meeting was adjourned at 7:03 p.m.
Item # 6A
Date: 1-24-2022
AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD
AT SALEM CIVIC CENTER
AGENDA ITEM:
SUBMITTED BY:
Amendment to the Zoning Ordinance Hold public hearing and consider ordinance on first reading for rezoning the property of Scott A. Boggs, property owner, located at 407 East Burwell Street (Tax Map # 120-1-5) from RB Residential Business District to TBD Transitional Business District. As advertised in the January 6 and 13, 2022 issues of the Salem Times-Register.
Mary Ellen Wines, CZA CFM
Zoning Administrator
SUMMARY OF INFORMATION:
Zoning: RB Residential Business
Land Use Plan Designation: Downtown
Proposed Zoning: TBD Transitional Business District
Existing Use: Office and Retail Sales
Proposed Use: Office and Retail Sales
BACKGROUND INFORMATION:
The subject property consists of a single parcel located at the corner of East Burwell Street and
Thompson Memorial Drive (Northbound), east of the intersection with South College Avenue. The size
is approximately 0.1 acres and is currently occupied by a two-story single family residence that was
converted to an office/commercial space.
The subject property is currently zoned RB, Residential Business. As you may remember,
Residential Business was previously a light commercial district. Through various changes over the
last several years, it is more residential than business in nature. As a result, the sign regulations
have been amended to limit the amount of signage more appropriate to residential districts.
Chapter 66 of The Code of City of Salem regulates signage. RB limits the total square footage of
signage to 78 square feet. More specifically, wall signs are limited to one per business at a
maximum size of 6 square feet.
The petitioner had applied for, and was denied, a permit for a 24 square foot wall sign. Therefore,
the petitioner has requested to rezone the property to TBD, Transitional Business District. This
would allow for the larger sign.
Staff Recommendation:
As the future land use designates this area for Downtown, the TBD, Transitional Business District
would be appropriate as the district allows for commercial areas near downtown that exhibit
patterns of development similar, but less intensive than the Downtown Business District.
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 Scott A. Boggs, property owner,
located at 407 East Burwell Street (Tax Map # 120-1-5) be and the same is hereby changed from RB
Residential Business District to TBD Transitional Business District. And the map referred to shall be
changed in this respect and no other, said property being described as follows:
BEING all of Lots 11 and 12, of the Dropmore Estate, excepting therefrom, however, the
western 50 feet of Lot 12, which was heretofore conveyed to Gay Dame (Roanoke County Deed
Book 155, page 116) and further excepting therefrom 10.166 square feet previously conveyed to
the Commonwealth of Virginia by deed dated April 17, 1969, and recorded in the Clerk's Office
of the Circuit Court for the City of Salem, Virginia, in Deed Book 7, page 575.
BEING the same property conveyed unto Sandra S. Ferris by deed from Virginia Tech
Foundation, Inc. dated 05/21/1991 and recorded in the Clerk's Office of the Circuit Court for the
City of Salem, Virginia in Deed Book 171, Page 211.
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 E. Saunders –
William D. Jones –
Byron Randolph Foley –
James W. Wallace, III –
Renee F. Turk –
Passed:
Effective:
/s/____ _
Mayor
ATTEST:
H. Robert Light
Clerk of Council
City of Salem, Virginia
Created: 2021-08-17 14:59:39 [EST]
(Supp. No. 22, Update 2)
Page 1 of 9
Sec. 66-103. Total allowable signage for all signs.
A. Districts. The following table depicts the total allowable area of signs per district. The districts are as follows:
Abbreviation Description Abbreviation Description
AG Agriculture District CUD College and University
District
RSF Residential Single Family
District
DBD Downtown Business District
COL Cluster Overlay District CBD Community Business District
RMF Residential Multi-Family
District
HBD Highway Business District
RB Residential Business District BCD Business Commerce District
PUD Planned Unit District LM Light Manufacturing District
MHP Manufactured Home Park
District
HM Heavy Manufacturing District
TBD Transitional Business District
B. For purposes of this section, "principal street frontage" shall be based upon the street toward which the
building faces. Where a building faces more than one street or does not clearly face any street, principal
street frontage shall be that frontage along the street which provides major access to the business or the
frontage to which the main entrance faces. For corner lots, half the distance of the curve, measured from the
point of curvature to the midpoint, shall be added to each frontage.
AG RSF & COL RMF, RB, & PUD MHP
Total area maximum
of 24 square feet
Total area maximum
of 48 square feet
Total area maximum
of 78 square feet.
Limit of one sign per
business.
Total area maximum
of 17 square feet
TBD, DBD*, CUD, CBD, HBD, BCD, LM & HM
For lots or parcels with a
combined width of 33 feet or
less along their principal
street frontage.
For lots or parcels with a
combined width of more
than 33 feet along their
principal street frontage.
For lots or parcels that front
on more than one street.
Total area maximum of 50
square feet
Total area maximum shall not
exceed 1.5 square feet for
each linear foot of street
frontage or building frontage,
whichever
is greater.
Total additional area
maximum shall not exceed
one square foot per one
linear foot of secondary
frontage. Total area
maximums cannot be
Created: 2021-08-17 14:59:39 [EST]
(Supp. No. 22, Update 2)
Page 2 of 9
*See Sec. 66-105(C)
Additional Standards
combined. The total sign area
facing or oriented toward
any one frontage shall not
exceed the total area
maximum allowed for that
frontage.
(Ord. of 2-13-2017(2); Ord. of 4-9-2018(2))
Sec. 66-105. Permitted signs.
A. Permitted signs by type.
Awning Sign:
All awning frames and supports shall be of metal. All awnings shall be constructed and erected so that the
lowest portion thereof shall be not less than eight feet above the level of the sidewalk or established street
grade.
AG, RSF, RMF, MHP, COL RB, CUD, TBD, DBD*, CBD, HBD, BCD, LM, HM, PUD
Not allowed 12 square feet
*See Sec. 66-105(C) Additional Standards
Canopy Sign:
All canopy frames and supports shall be of metal. All canopies shall be constructed and erected so that the
lowest portion thereof shall be not less than eight feet above the level of the sidewalk or established street
grade.
AG, RSF, RMF, MHP, COL RB, CUD, TBD, DBD*, CBD, HBD, BCD, LM, HM, PUD
Not allowed 12 square feet
*See Sec. 66-105(C) Additional Standards
Drone Sign:
Not allowed in any district
Electronic Sign:
No more than one electronic sign shall be allowed per business. All electronic signs shall be freestanding. All
electronic signs must utilize a header cabinet. All electronic signs shall be required to hold a static image for a
minimum duration of eight seconds. Faster rates are prohibited. Transition times shall be no more than one
second facing the same travelled way. All electronic signs shall have an automatic light adjustment feature to
regulate brightness. Any electronic sign shall be oriented away from residential properties so as to avoid light
trespass. Video, flashing, strobe effects, "storybook" advertising, consecutive messages, or similar effects are
prohibited. Electronic signs may not be used as off-premises, temporary, or portable signs. Electronic signs
Created: 2021-08-17 14:59:39 [EST]
(Supp. No. 22, Update 2)
Page 3 of 9
displaying the current time or date shall be kept accurate. If this requirement is not complied with, the sign in
question shall be promptly repaired or removed.
AG, RSF, RMF, MHP, RB,
DBD, TBD, COL, PUD, CBD
CUD HBD, BCD, LM, HM
Not allowed Freestanding only. Maximum
height of 8 feet. Maximum total
area of 24 square feet. Must be
placed a minimum of 150 feet from
any residential district.
Freestanding only. For lots or
parcels with less than 75 feet along
their principal street frontage
maximum of 24 square feet. For all
others maximum of 60 square feet.
Freestanding Sign, Pole Sign:
All letters, figures, characters or representations in cutout or irregular form maintained in conjunction with,
attached to or superimposed upon any freestanding sign shall be safely and securely built or attached to the
sign structure and shall comply with all requirements in section 66-71. No freestanding sign shall be nearer than
two feet to any other sign, building or structure, except those freestanding signs parallel to and adjacent to a
wall or structure. For monument or ground signs see monument section below.
AG RSF & COL RMF, RB,
PUD
MHP CUD, CBD, HBD,
BCD, LM, HM
TBD, DBD*
Maximum
total area
of 24
square feet
not to
exceed 8
feet in
height.
One sign allowed for
religious, charitable,
institutional, recreational
and other public and
semipublic uses:
Maximum total area of 24
square feet not to exceed
8 feet in height. May
have second sign on
secondary street frontage
if 100 feet from first sign
and both signs are not
visible from same point
along same street.
One sign
allowed.
Maximum
area 24
square feet
not to
exceed 10
feet in
height.
One
allowed,
maximum
of 15
square feet
and shall
not exceed
15 feet in
height.
For commercial or
industrial uses one
freestanding sign placed
100 feet apart and not
visible from the same
point along the same
street. Additional
frontage may have
additional signage. If
frontage is less than 75
feet sign shall not exceed
24 square feet. Frontage
75 to less than 150 feet
sign shall not exceed 100
square feet. Frontage 150
feet or greater sign shall
not exceed 150 square
feet. May contain more
than one sign not to
exceed the max.
allowable size. No sign
shall exceed 25 feet in
height.
Maximum
area of 24
square feet
and shall
not exceed
5 feet in
height.
*See Sec.
66-105(C)
Additional
Standards
Location Sign:
AG, RSF, RMF,
MHP, COL, RB, PUD
TBD, DBD*, CUD, CBD, HBD, BCD, LM, HM
Not allowed Location signs up to 24 square feet in total sign area, provided such sign
may be erected only for a business which does not have frontage on an
Created: 2021-08-17 14:59:39 [EST]
(Supp. No. 22, Update 2)
Page 4 of 9
urban primary arterial, urban minor arterial or urban collector as
designated by the state department of transportation, provided such sign
shall not exceed 25 feet in height, and provided such sign is at least 400
feet from any other sign which refers to the same establishment or
premises and 100 feet from any other freestanding sign on the same
property.
*See Sec. 66-105(C) Additional Standards
Manual Changeable Copy Sign:
Permitted only when integrated into a freestanding, marquee, wall, or portable sign.
All manual changeable copy signs must utilize header space except portable signs.
Marquee Sign:
Such signs shall be located only above the principal public entrance of a building facing a public street or parking
lot. No marquee shall be wider than the entrance it serves, plus two feet on each side thereof. Sign height: No
portion of a marquee sign shall extend vertically above the eaveline. The lowest edge of the marquee sign shall
be at least eight feet above the finished grade.
AG, RSF, RMF, MHP, RB, CUD,
COL, PUD, CBD, LM, HM
HBD, BCD TBD, DBD*
Not allowed Per sign face: Frontage less than 75
feet sign shall not exceed 24
square feet. Frontage 75 feet to
less than 150 feet sign shall not
exceed 100 square feet. Frontage
150 feet or greater sign shall not
exceed 150 square feet. Sign may
contain more than one sign not to
exceed the maximum allowable
size. No sign shall exceed 25 feet in
height.
Maximum area of 24 square
feet per sign face.
*See Sec. 66-105(C) Additional
Standards
Mechanical Movement & Revolving Sign:
Mechanical movement and revolving signs may not be used as off-premises,
temporary, or portable signs.
AG, RSF, RMF, MHP, CUD, LM, HM, COL, PUD RB, TBD, DBD*, CBD, HBD, BCD
Not allowed Barber pole style only, maximum six square feet.
*See Sec. 66-105(C) Additional Standards
Menu Sign:
AG, RSF, RMF,
MHP, RB
CBD, HBD TBD, DBD, CUD, BCD, LM,
HM, COL, PUD
Created: 2021-08-17 14:59:39 [EST]
(Supp. No. 22, Update 2)
Page 5 of 9
Not allowed Two up to 36 square feet each and 75 feet
from a residential district.
Not allowed
Monument Sign:
Shall be supported and permanently placed by embedding, anchoring, or connecting the sign
in such a manner as to incorporate it into the landscape or architectural design scheme. So long as the
supporting structure does not contain any messaging or is a continuation of the color scheme of the sign it will
not be counted as part of the sign area. All letters, figures, characters or representations in cutout or irregular
form maintained in conjunction with, attached to or superimposed upon any monument sign shall be safely and
securely built or attached to the sign structure and shall comply with all requirements in section 66-73. No
monument sign shall be nearer than two feet to any other sign, building or structure, except those signs parallel
to and adjacent to a wall or structure. The maximum height shall be eight feet from the ground, the maximum
length shall be 15 feet, and the maximum thickness shall be three feet. The maximum sign face area shall cover
no more than 75% of the sign.
AG RSF & COL RMF, RB,
PUD, MHP
CUD, CBD, HBD,
BCD, LM, HM
TBD, DBD*
Maximum
total area
of 24
square feet
not to
exceed 4
feet in
height.
One allowed for religious,
charitable, institutional,
recreational and other
public and semipublic
uses: Maximum total area
of 24 square feet not to
exceed 4 feet in height.
May have second sign on
secondary street frontage
if 100 feet from first sign
and both signs are not
visible from same point
along same street.
Maximum
total area
of 24
square feet
not to
exceed 6
feet in
height.
One monument sign
placed 100 feet apart and
not visible from the same
point along the same
street. Sign may contain
more than one sign not to
exceed the maximum
allowable size. Maximum
total area of 120 square
feet. No sign shall exceed
8 feet in height.
Maximum total area of 24
square feet not to exceed
4 feet in height. May
have second sign on
secondary street frontage
if 100 feet from first sign
and both signs are not
visible from same point
along same street.
*See Sec. 66-105(C)
Additional Standards
Multi-Tenant Sign:
AG, RSF & COL,
RMF, MHP, PUD
CUD, CBD, HBD, BCD, LM, HM RB, TBD, DBD*
Not allowed Maximum of 150 square feet based on building
frontage. For commercial or industrial uses one
freestanding sign placed 100 feet apart and not visible
from the same point along the same street. Sign may
contain more than one sign not to exceed the
maximum allowable size. No sign shall exceed 25 feet
in height.
Maximum area of 24
square feet. Sign may
contain more than one
sign not to exceed the
maximum allowable size.
*See Sec. 66-105(C)
Additional Standards
Mural Sign:
AG, RSF, RMF, MHP, RB, CUD, CBD,
HBD, BCD, COL, PUD
TBD, DBD*, LM, HM
Created: 2021-08-17 14:59:39 [EST]
(Supp. No. 22, Update 2)
Page 6 of 9
Not allowed Any mural sign shall comply with the
regulations of wall signs.
*See Sec. 66-105(C) Additional Standards
Off-Premise Signs:
Not allowed in any district
Portable Sign, A-Frame or Sandwich Board Sign, Pedestal Sign:
Cannot be electronic nor have mechanical movement.
AG, RSF, RMF, MHP,
RB, COL, PUD
CUD, TBD, DBD*, CBD, HBD, BCD, LM, HM
Not allowed Maximum area of 12 square feet. Shall comply with the regulations of
temporary signs.
*See Sec. 66-105(C) Additional Standards
Projecting Sign:
Shall project no more than four feet from the face of the building and no closer than four feet from the curbline
of a public street. Lowest edge shall be at least eight feet about the finished grade.
AG, RSF, RMF, MHP, RB, CUD, CBD,
HBD, BCD, LM, HM, COL, PUD
TBD, DBD*
Not allowed *See Sec. 66-105(C) Additional
Standards
Roof Sign:
Not allowed in any district
Snipe Sign:
Not allowed in any district
Street Clock:
This section shall not apply to signs which display lighted messages and animation, such
as those which display time, temperature and other information. No person shall erect more than one street
clock for any place of business at any one location. Street clocks, including the frames, braces and supports
thereof, shall be constructed of incombustible material. The dial of a street clock shall be not less than 30 inches
nor more than 40 inches in diameter. Any glass forming a part of a street clock or the sign thereon shall be
safety glass or plate glass at least one-quarter-inch thick, and in case any single piece or pane of glass has an
area exceeding three square feet, it shall be constructed of wired glass, securely held in place. Any movable part
Created: 2021-08-17 14:59:39 [EST]
(Supp. No. 22, Update 2)
Page 7 of 9
of a street clock, such as the cover or service opening, shall be securely fastened by metal hinges. Street clocks
supported on the corner of any building or structure at the intersection of two streets, or within six feet of the
corner, shall not be less than 12 feet nor more than 20 feet above the sidewalk and shall not project from the
face or wall of the building or structure in any direction more than six feet. All clocks erected on the exterior of
any building or structure shall comply with the requirements set forth in this article, regulating the sign type, in
all respects, whichever applies. Each street clock shall keep accurate time and, if this requirement is not
complied with, the street clock in question shall be promptly repaired or removed.
AG, RSF, RMF, MHP, RB, CBD, HBD,
BCD, LM, HM, COL, PUD
TBD, DBD* & CUD
Not allowed See corresponding sign types for regulations.
*See Sec. 66-105(C) Additional Standards
Temporary Sign, Balloons, Balloon Sign, Banner, Flag, Inflatable Sign,
Pennants, Streamers:
No temporary sign shall exceed 24 square feet in area. Every temporary sign shall be attached with adequate
supports in accordance with good engineering practice. The advertisement contained on any temporary sign
shall pertain only to the business, industry or pursuit conducted on or within the premises on which such sign is
erected or maintained. A string of pennants or row of streamers shall be considered one sign. Up to four
temporary signs may be displayed for a grand opening event with the prior approval of the city manager or his
designee, and may not require a permit. Temporary signs for a grand opening event may be displayed two
weeks prior to the event and
shall be removed within two weeks after the event.
AG, RSF, RMF, MHP, COL, PUD TBD, DBD* RB, CUD, CBD, HBD,
BCD, LM, HM
Not allowed One sign per parcel no more than
30 consecutive days during a 3-
month period. 30 days begins the
day the permit is issued. Must be
removed within 5 days of permit
expiration.
*See Sec. 66-105(C)
Additional Standards
One sign per parcel no more than
30 consecutive days during a 3-
month period. 30 days begins the
day the permit is issued. Must be
removed within 5 days of permit
expiration.
Wall Sign, Gas Station Canopy Sign, Mansard Sign, Skeleton Sign, Channel Letter Sign:
No wall sign, skeleton sign or mansard sign shall cover wholly or partially any opening nor project beyond the
ends of the structure to which it is attached. No wall sign or skeleton sign shall project above the wall to which
it is attached. No mansard sign or skeleton sign shall project above the ridge line of the immediate mansard roof
plane to which it is attached. No wall sign, skeleton sign or mansard sign shall extend more than 18 inches
beyond the building line and shall not be attached to a structure at a height of less than nine feet above the
sidewalk or ground.
AG RSF, COL RMF, RB, PUD MHP TBD, DBD* CUD, CBD,
HBD, BCD,
LM, HM
Maximum 24
square feet
Religious,
charitable,
institutional,
recreational,
One per
business.
Maximum of six
square feet per
Maximum 15
square feet
For commercial
or industrial
uses one sign
allowed.
For commercial
or industrial
uses one sign
allowed.
Created: 2021-08-17 14:59:39 [EST]
(Supp. No. 22, Update 2)
Page 8 of 9
and other
public/
semipublic uses
up to 24 square
feet
frontage.
Religious,
charitable,
institutional,
recreational,
and other
public/
semipublic uses
up to 24 square
feet
Additional
frontage may
have additional
signage. If
frontage is less
than 75 feet,
sign shall not
exceed 24
square feet.
Frontage 75 to
less than 150
feet, sign shall
not exceed 100
square feet.
Frontage 150
feet or greater,
sign shall not
exceed 150
square feet.
Sign may
contain more
than one sign
not to exceed
the maximum
allowable size.
*See § 106-105
(C) Additional
Standards
Additional
frontage may
have additional
signage. If
frontage is less
than 75 feet,
sign shall not
exceed 24
square feet.
Frontage 75 to
less than 150
feet, sign shall
not exceed 100
square feet.
Frontage 150
feet or greater,
sign shall not
exceed 150
square feet.
Sign may
contain more
than one sign
not to exceed
the maximum
allowable size.
For multi-unit
buildings: wall
signs shall be
based on unit
frontage at a
one square foot
per one linear
foot ratio
Window Sign:
AG, RSF, RMF, MHP, COL, PUD RB, CUD, TBD, DBD, CBD, HBD, BCD, LM, HM
Not allowed Area: A maximum of 25% of each window area of any single building
frontage may be used for signs. These signs shall be non-illuminated nor
electronic.
Vehicular Sign
Not allowed in any district except as prescribed in section 66-11.
B. Permitted illumination.
Illumination Types:
There shall be no light trespass into any residential district.
Created: 2021-08-17 14:59:39 [EST]
(Supp. No. 22, Update 2)
Page 9 of 9
AG, RSF, RMF, MHP,
COL
PUD, RB, CUD TBD & DBD CBD, HBD, BCD, LM,
HM
No illumination External
illumination only
External, halo, or neon
illumination only
Internal, external,
or halo illumination
only
C. Additional standards. Signs located in the downtown business districts may have additional standards and/or
differing regulations as set forth in the Handbook to Downtown Salem.
D. Signs located along the Roanoke Valley Greenway system.
1. Signs shall observe an appropriate clear zone from the trail.
2. Signs shall not be illuminated.
3. Signs shall have a maximum area of two square feet.
(Ord. of 2-13-2017(2); Ord. of 4-9-2018(2); Ord. of 2-11-2019(2))
AG - Agriculture District
BCD - Business Commerce District
CBD - Community Business District
CUD - College/University District
DBD - Downtown Business District
HBD - Highway Business District
HBD/HM - Highway Business/Heavy Manufacturing District
HBD/LM - Highway Business/Light Manufacturing District
HM - Heavy Manufacturing District
LM - Light Manufacturing District
LM/HM - Light Manufacturing/Heavy Manufacturing District
MHP - Manufactured Home Park District
PUD - Planned Unit District
RB - Residential Business District
RMF - Residential Multi-Family District
RMF/RB - Residential Multi-Family/Residential Business District
RSF - Residential Single Family District
RSF/HBD - Residential Single/Highway Business District
RSF/LM - Residential Single Family/Light Manufacturing
RSF/RB - Residential Single Family/Residential Business District
RSF/RMF - Residential Single Family/Residential Multi-Family District
RSF/TBD - Residential Single Family/Transitional Business District
TBD - Transitional Business District
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0 100 20050
Feet±1 inch = 100 feet JANUARY 2022 PLANNING COMMISSION ITEM 5A407 EAST BURWELL ST.
CITY OF SALEM
Community Development DepartmentP.O. Box 869Salem, Virginia 24153-0869Phone: (540) 375-3032
Tax Parcel 120-1-5 Buildings Parcels City Limits
Commercial
Downtown
Economic Development Area
Industrial
Institutional
Mixed Use
Public Parks and Recreational
Residential
Transitional
Tax Parcel 120-1-5 Buildings Parcels City Limits
MBLU Location Owner Name Co-Owner Name Address 1 Address 2 City, State, Zip
120-1-5 407 E BURWELL ST SCOTT A BOGGS 407 E BURWELL ST SALEM VA 24153
120-1-4 413 E BURWELL ST SCOTT A BOGGS 407 E BURWELL ST SALEM VA 24153
120-1-3 100 RICHFIELD AVE BLK SCOTT A BOGGS 407 E BURWELL ST SALEM VA 24153
120-1-2 103 RICHFIELD AVE EAGLE AMERICAN LLC P O BOX 907 SALEM VA 24153
120-1-1 400 E CALHOUN ST DISHAW-ROTANZ JOINT REAL ESTATE PARTNERSHIP 313 N BROAD ST SALEM VA 24153
121-14-1 303 E BURWELL ST POLLARD PROPERTIES LLC 812 SCOTT CIRCLE SALEM VA 24153
107-6-5 407 E CALHOUN ST CITY OF SALEM P O BOX 869 SALEM VA 24153
107-6-1 400 E MAIN ST ROANOKE COUNTY BOARD OF SUPERVISORS P O BOX 29800 ROANOKE VA 24018-0798
120-8-4 200 RICHFIELD AVE BLK T A CARTER JR 1010 PINES CIR APT 402 ROANOKE VA 24018-1138
120-8-4.1 396 E BURWELL ST HARIOM LLC 5432 SNOW OWL DR ROANOKE VA 24018
120-8-3 300 E BURWELL ST BLK COLLEGE LUTHERAN CHURCH TRUSTEES 210 S COLLEGE AVE SALEM VA 24153
107-6-3 408 E MAIN ST EMILY R FRISBIE TRUST P O BOX 988 ROANOKE VA 24015
Schedule/Exhibit A
Property 1: Tax Map No. 120-1-5 Located in the City of Salem, Virginia, more particularly described as follows: BEING all of Lots 11 and 12, of the Dropmore Estate, excepting therefrom, however, the western 50 feet of Lot 12, which was heretofore conveyed to Gay Dame (Roanoke County Deed Book 155, page 116) and further excepting therefrom 10.166 square feet previously conveyed to the Commonwealth of Virginia by deed dated April 17, 1969, and recorded in the Clerk's Office of the Circuit Court for the City of Salem, Virginia, in Deed Book 7, page 575. BEING the same property conveyed unto Sandra S. Ferris by deed from Virginia Tech Foundation, Inc. dated 05/21/1991 and recorded in the Clerk's Office of the Circuit Court for the City of Salem, Virginia in Deed Book 171, Page 211.
Planni ng Commi ssi on Meeti ng
M INUTES
Wednesday, January 12, 2022, 7:00 P M
Work Session 6:00P M Council Chambers Conference Room, City Hall, 114 North
Broad Street:
WORK SE SSI ON
1.C all to Order
A work session of the Planning Commission of the City of Salem, Virginia, was held
in C ouncil C hambers Conference Room, C ity Hall, 114 North Broad Street, at 6:30
p.m. on J anuary 12, 2022; there being present the members of said Commission, to
wit: Vicki G. Daulton, Chair; Denise P. King, Vice C hair, Reid A. Garst II, J ackson
Beamer, and Neil L. Conner; together with William L. Simpson, J r., C ity Engineer,
Mary Ellen Wines, Zoning Administrator, and J im H. Guynn, J r., City Attorney; and
the following business was transacted:
C hair Daulton called the meeting to order at 6:00 p.m. and reported that this date,
place, and time had been set for the Commission to hold a work session.
2.New Business
A.Discussion of items on the January 12th agenda
1. C odes changes - Subdivision and site plan
2. Rezoning 630 Union Street - HM to HBD
3. Rezoning 407 East Burwell Street - RB to T BD
4. Special Exception Permit 2936 West Main Street - Massage Parlor
5. By-laws
A discussion was held regarding code changes for subdivision and site plan.
A discussion was held regarding rezoning 630 Union Street from HM to HBD.
A discussion was held regarding rezoning 407 East Burwell Street from RB to
T BD.
A discussion was held regarding a Special Exception Permit request for 2936 West
Main Street for a Massage Parlor.
A discussion was held regarding by-laws.
3.Adjournment
C hair Daulton inquired if there were any other items for discussion and hearing
none, adjourned the work session at 6:59 p.m.
RE GU L AR SE S SI ON
1.C all to Order
D UE TO A N EQ UIPMEN T MA LFUN C T IO N, T HESE MIN UT ES WERE
PREPA RED WIT HO UT T HE USE O F A N A UD IO REC O RD IN G.
A regular meeting of the Planning C ommission of the C ity of Salem, Virginia, was
held after due and proper notice in the C ouncil C hambers, C ity Hall, 114 North
Broad Street, Salem, Virginia, at 7:00 p.m., on J anuary12, 2022. Notice of such
hearing was published in the December 30, 2021, and J anuary 6, 2022, issues of the
"Salem Times Register," a newspaper published and having general circulation in
the C ity of Salem. All adjacent property owners were notified via the U. S. Postal
Service.
T he Commission, constituting a legal quorum, presided together with J im H. Guynn,
J r., City Attorney; J ames E. Taliaferro, II, C ity Manager and Executive Secretary,
ex officio member of said C ommission, to wit; William L. Simpson, J r., City
Engineer; and Mary Ellen Wines, Zoning Administrator; and the following business
was transacted:
C hair Daulton called the meeting to order at 7:00 p.m.
2.Pledge of Allegiance
3.Election of Officers
A.Election of Officers
In accordance with 15.2-2217 of the C ode of Virginia, consider the election of
Chairman and Vice-C hairman for 2022.
Vicki Daulton appointed C hair of the Commission on motion made by Member
Garst and seconded by Member C onner - all aye.
Dee King appointed Vice Chair of the C ommission on motion made by Member
C onner and seconded by Member Beamer - all aye.
4.C onsent Agenda
A.Minutes
Consider acceptance of the minutes from the December 15, 2021, work session and
regular meeting.
Minutes approved.
5.New Business
A.Amendment to the Zoning Ordinance
Hold public hearing to consider the request of Scott A. Boggs, property owner, for
rezoning the property located at 407 East Burwell Street (Tax Map # 120-1-5) from
RB Residential Business District to T BD Transitional Business District.
Staff noted the following:
T he subject property consists of a single parcel located at the corner of East
Burwell Street and T hompson Memorial Drive (Northbound), east of the
intersection with South College Avenue. T he size is approximately 0.1 acres and is
currently occupied by a two-story single family residence that was converted to an
office/commercial space.
T he subject property is currently zoned RB, Residential Business. As you may
remember, Residential Business was previously a light commercial district. T hrough
various changes over the last several years, it is more residential than business in
nature. As a result, the sign regulations have been amended to limit the amount of
signage more appropriate to residential districts.
C hapter 66 of T he Code of City of Salem regulates signage. RB limits the total
square footage of signage to 78 square feet. More specifically, wall signs are limited
to one per business at a maximum size of 6 square feet.
T he petitioner had applied for, and was denied, a permit for a 24 square foot wall
sign. T herefore, the petitioner has requested to rezone the property to T BD,
Transitional Business District. T his would allow for the larger sign.
As the future land use designates this area for Downtown, the T BD, Transitional
Business District would be appropriate as the district allows for commercial areas
near downtown that exhibit patterns of development similar, but less intensive than
the Downtown Business District.
Scott Boggs, property owner, appeared before the Commission to explain the
request.
No other person(s) appeared related to the request.
Neil Conner motioned to approve request of Scott A. Boggs, property owner, for
rezoning the property located at 407 East Burwell Street (Tax Map #120-1-5) from
RB Residential Business District to T BD Transitional Business District. Denise
King seconded the motion.
Ayes: Beamer, Conner, Daulton, Garst, King
B.Amendment to the Zoning Ordinance
Hold public hearing to consider the request of Union Plaza, LLC , contract
purchaser, and the City of Salem, property owner, for rezoning the property located
at 630 Union Street (Tax Map # 160-11-2) from HM Heavy Manufacturing District
to HBD Highway Business District.
Staff noted the following:
T he subject property consists of a single parcel located on the north side of Broome
Street at the corner of Union Street and Broome Street and at the corner of
C hapman Street and Broome Street. T he size is approximately 1.403 acres and is
currently vacant.
T he subject property is located within the FEMA designated Zone A E, 100-year
floodplain. T he contract purchaser has been adding fill to the property to conform to
the requirements of development in the floodplain.
T he contract purchaser proposes two 6,000 square foot multi-tenant commercial
buildings with a shared parking area in between. T he intended use is for
restaurant/retail space as the property has proximity to both 4th Street and to the
Moyer Sports C omplex.
As the future land use designates this area for commercial, the HBD, Highway
Business District would be appropriate as the district allows for a wide variety of
commercial uses that are typically found near major transportation arterials such as
4th Street.
Sheldon Henderson, agent for contract purchaser, appeared before the C ommission
to explain the request.
No other person(s) appeared related to the request.
Reid Garst motioned to approve the request of Union Plaza, LLC , contract
purchaser, and the C ity of Salem, property owner, for rezoning the property located
at 630 Union Street (Tax Map # 160-11-2) from HM Heavy Manufacturing District
to HBD Highway Business District. J ackson Beamer seconded the motion.
Ayes: Beamer, Conner, Daulton, Garst, King
C .Special Exception P ermit
Hold public hearing to consider the request of 2936 Salem Inc., dba Sunshine Spa
and 217 N Y Ave Corp , property owner, for the issuance of a Special Exception
Permit to allow a massage parlor at 2936 West Main Street (Tax Map # 210-1-2).
Staff noted the following:
T he subject property consists of a single parcel located on the west side of Bayne
Road at the corner of Bayne Road and West Main Street. T he size is approximately
0.404 acres. T he property contains a two-story house that was converted to an
office/commercial space with a garage/office in the rear.
Sunshine Spa applied for a business license. In that application they stated that they
perform acupuncture. Our Codes C ompliance Investigator went on location without
credentials to ascertain what services they offered (Please see attached notes). As a
result of that visit, it was determined that the establishment offered full body
massages. T hey were instructed that they had to apply for the massage technician
license and provide every employee’s license issued by the Board of Nursing,
otherwise they would be considered a massage parlor, not massage therapy (see
definition below). T hey could not provide the license from the Board of Nursing, so
it was determined that they were a massage parlor. A massage parlor requires a
special exception permit. T hey were instructed that they could not operate until the
special exception permit was granted. If the permit is approved, they will then need
to apply for the massage parlor license through the Police Department. During this
time, massage parlors in Salem were researched by another law enforcement agency
in the state. T his agency has access to a web forum that customers of these
establishments frequently post details of their visits. C opies of those posts are
included.
Massage parlors are defined as establishments having a fixed place of business
where any person other than a massage therapist, as licensed by the Virginia Board
of Nursing, administers or gives any kind or character of massage, manipulation of
the body or other similar procedure. Massage therapy as licensed by the Virginia
Board of Nursing shall be considered a personal service. T his definition shall not be
construed to include a hospital, nursing home, medical clinic, or the office of a duly
licensed physician, surgeon, physical therapist, chiropractor, osteopath, or a barber
shop or beauty salon in which massages are administered only to the scalp, the face,
the neck, or the shoulders, or an exercise club where massage is performed by a
person of the same sex as the subject of the massage.
T his property is located directly across Main Street from a local church and
diagonally across from a local elementary school. Due to this proximity along with
the possible extra services they may provide staff recommends denial of the special
exception permit.
Sun Yian Ying, business owner, and Witt C onner, property owner, appeared before
the C ommission to explain the request.
No other person(s) appeared related to the request.
Denise King motioned to deny request of 2936 Salem Inc., dba Sunshine Spa and
217 N Y Ave Corp, property owner, for the issuance of a Special Exception Permit
to allow a massage parlor at 2936 West Main Street (Tax Map # 210-1-2). Reid
Garst seconded the motion.
Ayes: Beamer, Daulton, Garst, King
Nays: Conner
D.Amendment to City Code - Chapter 106
Hold public hearing and consider ordinance on first reading amending C hapter 106,
Zoning, Article IV. Development Standards, Section 106-400 pertaining to site plan
review.
Mary Ellen Wines, Zoning Administrator, noted the following:
T he proposed amendment to the Zoning Ordinance is regarding the requirements for
site plan review. T here are three housekeeping items. One is the allowance of
agreements in lieu of plan, approved by the City Engineer, for sites that result in a
5,000-9,999 square foot increase in impervious surface area of the site. T his is done
in practice but is not explicitly stated in the code. T he second is amending the
responsibile party from the Director of Planning and Development (which is a
position that no longer exists) to the Zoning Administrator who has authority over
the Zoning Ordinance. T he third is the specifications of the format of the site plan.
T his section applies to the scale and type of documents submitted for review.
T he proposed amendment includes the addition of the minor site plan. T here are
many instances that only a one- or two-page plan is required for review, instead of
the full 20-page or so submittal. Currently, when this is the case, the requirements,
the process, and the fee remain the same for a full site plan. T his amendment would
allow for the smaller scale submission. Also included in the proposed amendment is
the requirement of elevation drawings for any site plan. T his will assist the city in
the review of proposed development.
No other person(s) appeared related to the amendment.
Neil Conner motioned to recommend approval of ordinance amending Chapter 106,
Zoning, Article IV. Development Standards, Section 106-400 pertaining to site plan
review. J ackson Beamer seconded the motion.
Ayes: Beamer, Conner, Daulton, Garst, King
E.Amendment to City Code - Chapter 78
Hold public hearing and consider ordinance on first reading amending C hapter 78,
Subdivisions, Article I Generally, Sections 78-103 and 78-105, Article II
Administration, 78-201, Article III Definitions, Section 78-300, Article IV Review
of Plats, Sections 78-402, 78-403, 78-406, 78-408, 78-416, and 78-421.4 of the
C O D E O F T HE C IT Y O F SA LEM, VIRG IN IA pertaining to the review of
subdivision site plans and plats.
Mary Ellen Wines, Zoning Administrator, noted the following:
T he proposed amendment to the Subdivision Ordinance is regarding the
requirements for submittal and approval of subdivision plats and subdivision site
plans. T he proposal is in an effort to simplify the current process. T here are four
housekeeping items. T he first is the definition of subdivision site plans. T his change
clarifies that the required plan is a subdivision site plan. T he second is the
clarification of the agents. T hrough the adoption of the Planning Commission by-
laws, the City Manager, and Director of C ommunity Development shall serve as the
agents of the Planning C ommission. T he third is amending the responsible party
from the Director of Planning and Development (which is a position that no longer
exists) to the Director of C ommunity Development. T he fourth are the
specifications of the format of the plats and subdivision site plans. T hese sections
apply to the scale and type of documents submitted for review.
T he proposed amendment includes a change in the approval process of major
subdivisions as required by the C ode of Virginia. Section 15.2-2260 states that the
city can require a preliminary plat for a major subdivision involving 50 or more lots.
However, a preliminary plat must be optional for a major subdivision involving less
than 50 lots.
T he proposed amendment also includes a change in the current process of major
subdivisions. C urrently it is required that the preliminary plat, the final plat, and the
site plan be approved by the Planning C ommission. With a large development with
multiple sections this can be a confusing and time-consuming process. It is proposed
to streamline the process by requiring only the final plat to be approved by the
C ommission. T he preliminary plat and subdivision site plan would be approved
administratively.
T he proposed amendment also includes a change that the C ommission must approve
any final plat recordation extension for a multiple phased project.
No other person(s) appeared related to the amendment.
Reid Garst motioned to recommend approval of ordinance amending Chapter 78,
Subdivisions, Article I Generally, Sections 78-103 and 78-105, Article II
Administration, 78-201, Article III Definitions, Section 78-300, Article IV Review
of Plats, Sections 78-402, 78-403, 78-406, 78-408, 78-416, and 78-421.4 of the
C O D E O F T HE C IT Y O F SA LEM, VIRG IN IA pertaining to the review of
subdivision site plans and plats. Neil C onner seconded the motion.
Ayes: Beamer, Conner, Daulton, Garst, King
F.P lanning Commission By-laws
Consider the adoption of By-laws in accordance with Title 15.2, C hapter 22,
Article 2, of the Code of Virginia.
Denise King motioned adoption of By-laws in accordance with Title 15.2, C hapter
22, Article 2, of the C ode of Virginia. J ackson Beamer seconded the motion.
Ayes: Beamer, Conner, Daulton, Garst, King
6.Adjournment
Meeting adjourned at 7:38 p.m.
Item # 6B
Date: 1-24-2022
AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA
HELD AT SALEM CIVIC CENTER
AGENDA ITEM:
SUBMITTED BY:
Amendment to the Zoning Ordinance Hold public hearing and consider ordinance on first reading for the
request of Union Plaza, LLC, contract purchaser, and the City of
Salem, property owner, for rezoning the property located at 630
Union Street (Tax Map # 160-11-2) from HM Heavy Manufacturing
District to HBD Highway Business District. As advertised in the
January 6 and 13, 2022 issues of the Salem Times-Register.
Mary Ellen Wines, CZA CFM
Zoning Administrator
SUMMARY OF INFORMATION:
Zoning: HM Heavy Manufacturing
Land Use Plan Designation: Commercial
Proposed Zoning: HBD Highway Business District
Existing Use: vacant
Proposed Use: Restaurant and Retail Sales
BACKGROUND INFORMATION:
The subject property consists of a single parcel located on the north side of Broome Street
at the corner of Union Street and Broome Street and at the corner of Chapman Street
and Broome Street. The size is approximately 1.403 a cres and is currently vacant.
The subject property is located within the FEMA designated Zone AE, 100-year floodplain.
The contract purchaser has been adding fill to the property to conform to the requirements
of development in the floodplain.
The contract purchaser proposes two 6,000 square foot multi-tenant commercial
buildings with a shared parking area in between. The intended use is for restaurant/retail
space as the property has proximity to b oth 4 th Street and to the Moyer Sports Complex.
Staff Recommendation:
As the future land use designates this area for commercial, the HBD, Highway Business
District would be appropriate as the district allows for a wide variety of commercial uses
that are typically found near major transportation arterials such as 4th Street.
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 Union Plaza, LLC,
contract purchaser, and the City of Salem, property owner, located at 630 Union Street (Tax
Map # 160-11-2) be and the same is hereby changed from HM Heavy Manufacturing 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:
Real Property known as Tax No. 160-11-2 (formerly 160-11-2 & 160-11-3), as shown on
Resubdivision Plat for City of Salem, Showing Combination of 0.9689 acre (Instrument No.
030004899) and 0.4937 acre (Instrument No. 030004898) and Dedication of 0.0594 acre
(2,587 sq.ft.) of Right-Of-Way for Union Street and Broome Street Creating Hereon Lot A
1.4032 acres, Situate Union Street and Chapman Street, City of Salem, Virginia. Said Plat
prepared by Caldwell White Associates Dated July 05, 2006 and Recorded in Salem Plat Book
11, Pages 60 & 61.
Property described as: Beginning on an Iron Pin on east Right-Of-Way of Union Street;
Thence N80⁰00’00”E 165.30’ to an Iron Pin along west Right-Of-Way of Chapman Street,
Thence following the west Right-Of-Way of Chapman Street S10⁰10’00”E 420.28’ to an Iron
Pin; Thence following the Right-Of-Way of Broome Street along a curve to the right along a
radius of 126.51’ an arc distance of 50.59’ (Chord bearing N77⁰22’10”W, chord distance
50.26’) to an Iron Pin; Thence following the Right-Of-Way of Broome Street N66⁰34’47”W
102.75’ to an Iron Pin; Thence following the Right-Of-Way of Broome Street along a curve
to the right along a radius of 60.00’ an arc distance of 63.62’ (Chord bearing N38⁰47’20”W,
chord distance 60.68’) to an Iron Pin; Thence following the east Right-Of-Way of Union
Street N10⁰50’55”W 200.61’ to an Iron Pin; Thence following the east Right-Of-Way of
Union Street N11⁰22’33”W 90.60’ to the Point of Beginning; Containing 1.4032 Acres
(61,123 sq.ft.).
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 E. Saunders –
William D. Jones –
Byron Randolph Foley –
James W. Wallace, III –
Renee F. Turk –
Passed:
Effective:
/s/____ _
Mayor
ATTEST:
H. Robert Light
Clerk of Council
City of Salem, Virginia
AG - Agriculture District
BCD - Business Commerce District
CBD - Community Business District
CUD - College/University District
DBD - Downtown Business District
HBD - Highway Business District
HBD/HM - Highway Business/Heavy Manufacturing District
HBD/LM - Highway Business/Light Manufacturing District
HM - Heavy Manufacturing District
LM - Light Manufacturing District
LM/HM - Light Manufacturing/Heavy Manufacturing District
MHP - Manufactured Home Park District
PUD - Planned Unit District
RB - Residential Business District
RMF - Residential Multi-Family District
RMF/RB - Residential Multi-Family/Residential Business District
RSF - Residential Single Family District
RSF/HBD - Residential Single/Highway Business District
RSF/LM - Residential Single Family/Light Manufacturing
RSF/RB - Residential Single Family/Residential Business District
RSF/RMF - Residential Single Family/Residential Multi-Family District
RSF/TBD - Residential Single Family/Transitional Business District
TBD - Transitional Business District
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3.2 Ac. (c)
1.740 Ac.
8.504 Ac.
1.4032 Ac.
0.799 Ac.
0.551 Ac.0.569 Ac.
0.201 Ac.0.370 Ac.
0.772 Ac.
0.182 Ac.
0.182 Ac.
0.182 Ac.
0.182 Ac.
0 100 20050
Feet±1 inch = 100 feet JANUARY 2022 PLANNING COMMISSION ITEM 5B630 UNION ST.
CITY OF SALEM
Community Development DepartmentP.O. Box 869Salem, Virginia 24153-0869Phone: (540) 375-3032
Tax Parcel 160-11-2 Buildings Parcels City Limits
Commercial
Downtown
Economic Development Area
Industrial
Institutional
Mixed Use
Public Parks and Recreational
Residential
Transitional
Tax Parcel 160-11-2 Buildings Parcels City Limits
MBLU Location Owner Name Co-Owner Name Address 1 Address 2 City, State, Zip
160-11-2 630 UNION ST CITY OF SALEM P O BOX 869 SALEM VA 24153
161-6-1 40 W 4TH ST REBELL LLC P O BOX 385 SALEM VA 24153
160-10-1 24 W 4TH ST ROBERT C BAILEY 1737 OLD FINCASTLE RD FINCASTLE VA 24090
160-10-2 610 CHAPMAN ST MORRIS A ELAM-LIMITED PARTNERSHIP 450 S BROAD ST SALEM VA 24153
160-10-7 620 CHAPMAN ST NOVOZYMES BIOLOGICALS P O BOX 576 FRANKLINTON NC 27525
160-10-7.1 626 CHAPMAN ST CHAPMAN & BROAD LLC 3650 VERONA TRL ROANOKE VA 24018
160-10-7.2 632 CHAPMAN ST CHAPMAN & BROAD LLC 3650 VERONA TRL ROANOKE VA 24018
160-10-8 644 BROOME ST H & M PROPERTIES 912 DOUGLAS CT SALEM VA 24153
184-1-6 RAILROAD PROPERTY NORFOLK C/O NS CORP TAXATION DEPT THREE COMMERCIAL PLACE BOX 209 NORFOLK VA 23510
161-7-5 625 UNION ST HESTER COAL & OIL CORP 625 UNION ST SALEM VA 24153
183-7-1 800 BLK UNION ST NORFOLK & WESTERN RAILWAY CO C/O NS CORP TAXATION DEPT 650 WEST PEACHTREE ST NW ATLANTA GA 30308
184-1-1 10 BLK BROOME ST H & M PROPERTIES 912 DOUGLAS CT SALEM VA 24153
LEGAL DESCRIPTION FOR REZONING
Real Property known as Tax No. 160-11-2 (formerly 160-11-2 & 160-11-3), as shown on
Resubdivision Plat for City of Salem, Showing Combination of 0.9689 acre (Instrument
No. 030004899) and 0.4937 acre (Instrument No. 030004898) and Dedication of 0.0594
acre (2,587 sq.ft.) of Right-Of-Way for Union Street and Broome Street Creating Hereon
Lot A 1.4032 acres, Situate Union Street and Chapman Street, City of Salem, Virginia.
Said Plat prepared by Caldwell White Associates Dated July 05, 2006 and Recorded in
Salem Plat Book 11, Pages 60 & 61.
Property described as:
Beginning on an Iron Pin on east Right-Of-Way of Union Street; Thence N80⁰00’00”E
165.30’ to an Iron Pin along west Right-Of-Way of Chapman Street, Thence following
the west Right-Of-Way of Chapman Street S10⁰10’00”E 420.28’ to an Iron Pin; Thence
following the Right-Of-Way of Broome Street along a curve to the right along a radius of
126.51’ an arc distance of 50.59’ (Chord bearing N77⁰22’10”W, chord distance 50.26’)
to an Iron Pin; Thence following the Right-Of-Way of Broome Street N66⁰34’47”W
102.75’ to an Iron Pin; Thence following the Right-Of-Way of Broome Street along a
curve to the right along a radius of 60.00’ an arc distance of 63.62’ (Chord bearing
N38⁰47’20”W, chord distance 60.68’) to an Iron Pin; Thence following the east Right-
Of-Way of Union Street N10⁰50’55”W 200.61’ to an Iron Pin; Thence following the east
Right-Of-Way of Union Street N11⁰22’33”W 90.60’ to the Point of Beginning;
Containing 1.4032 Acres (61,123 sq.ft.).
WITNESS the following signatures and seals:
Grantor: TURNER MORGAN, LLC (SEAL)
By: _________________________________
Benjamin T. Crew, Member
COMMONWEALTH OF VIRGINIA, COUNTY/CITY OF ______________, TO WIT:
I, ___________________________, a Notary Public of and for the Commonwealth of
Virginia, do hereby certify that Benjamin T. Crew, Member of Turner Morgan, LLC, a
Virginia limited liability company, whose name is signed to the foregoing Deed of Private
Sanitary Sewer Easement, dated June 03rd, 2021, has personally appeared before me
and acknowledged the same on this _____ day of June, 2021.
_______________________ Registration No. _________________
Notary Public
My Commission Expires: ________________
Grantees: Irvin L. Webster ______________________
Jonny J. Webster _____________________
COMMONWEALTH OF VIRGINIA, COUNTY/CITY OF ______________, TO WIT:
I, ___________________________, a Notary Public of and for the Commonwealth of
Virginia, do hereby certify that Irvin L. Webster & Jonny J. Webster, whose names are
signed to the foregoing Deed of Private Sanitary Sewer Easement, dated June 03rd,
2021, has personally appeared before me and acknowledged the same on this _____
day of June, 2021.
_______________________ Registration No. _________________
Notary Public
My Commission Expires: ________________
Item # 6C
Date: 1-24-2022
AT A REGULAR MEETING OF THE CITYCOUNCIL OF THE CITY OF SALEM, VIRGINIA
HELD AT SALEM CIVIC CENTER
AGENDA ITEM: Special Exception Permit
Hold public hearing to consider the request of 2936 Salem Inc.,
dba Sunshine Spa and 217 NY Ave Corp, property owner, for the
issuance of a Special Exception Permit to allow a massage parlor
at 2936 West Main Street (Tax Map # 210-1-2). Advertised in
the January 6 and 13, 2022 issues of the Salem Times-
Register.
SUBMITTED BY: Mary Ellen Wines, CZA CFM
Zoning Administrator
SUMMARY OF INFORMATION:
Zoning: HBD Highway Business District
Land Use Plan Designation: Commercial
Proposed Zoning: HBD Highway Business District
Existing Use: vacant (although the massage parlor already occupies the building)
Proposed Use: Massage Parlor
BACKGROUND INFORMATION:
The subject property consists of a single parcel located on the west side of Bayne Road at the
corner of Bayne Road and West Main Street. The size is approximately 0.404 acres. The
property contains a two-story house that was converted to an office/commercial space with
a garage/office in the rear.
Sunshine Spa applied for a business license. In that application they stated that they perform
acupuncture. Our Codes Compliance Investigator went on location without credentials to
ascertain what services they offered (Please see attached notes). As a result of that visit, it was
determined that the establishment offered full body massages. They were instructed that they
had to apply for the massage technician license and provide every employee’s license issued
by the Board of Nursing, otherwise they would be considered a massage parlor, not massage
therapy (see definition below). They could not provide the license from the Board of Nursing,
so it was determined that they were a massage parlor. A massage parlor requires a special
exception permit. They were instructed that they could not operate until the special exception
permit was granted. If the permit is approved, they will then need to apply for the massage
parlor license through the Police Department. During this time, massage parlors in Salem were
researched by a law enforcement agency in the state. This agency has access to a web forum
that customers of these establishments frequently post details of their visits, which indicate
illicit activities appearing to reference this location.
Massage parlors are defined as establishments having a fixed place of business where
any person other than a massage therapist, as licensed by the Virginia Board of Nursing,
administers or gives any kind or character of massage, manipulation of the body or other
similar procedure. Massage therapy as licensed by the Virginia Board of Nursing shall
be considered a personal service. This definition shall not be construed to include a
hospital, nursing home, medical clinic, or the office of a duly licensed physician, surgeon,
physical therapist, chiropractor, osteopath, or a barber shop or beauty salon in which
massages are administered only to the scalp, the face, the neck, or the shoulders, or an
exercise club where massage is performed by a person of the same sex as the subject of
the massage.
Staff Recommendation:
This property is located directly across Main Street from a local church and diagonally
across from a local elementary school. Due to this proximity along with the possible extra
services they may provide staff recommends denial of the special exception permit.
MBLU Location Owner Name Co-Owner Name Address 1 Address 2 City, State, Zip
210-1-2 2936 W MAIN ST 217 NY AVE CORP 125 SOUTHDOWN RD HUNTINGTON NY 11743
210-1-1 2938 W MAIN ST DAVID WILLIAM HATCHETT TONYA GAYLE HATCHETT 2910 CARVINS COVE RD SALEM VA 24153
210-1-3 115 BAYNE RD BELL REAL ESTATE LLC 1336 DUKE DR VINTON VA 24179
210-2-1 2920 W MAIN ST FCHB INC 5411 WILLIAMSON RD ROANOKE VA 24012-1437
210-2-3 120 BAYNE RD BAYNE ROAD PROPERTIES LLC P O BOX 5436 KNOXVILLE TN 37928
173-1-8 2931 W MAIN ST TRS FORT LEWIS CHRISTIAN CHURCH C/O ROGER LACEY 2931 W MAIN ST SALEM VA 24153
173-1-7 2913 W MAIN ST NORTHWEST HARDWARE COMPANY INC 2303 WILLIAMSON RD NE ROANOKE VA 24012
From:Engineering
To:Mary Ellen H Wines
Subject:FW: Zoning-2936 W Main St.
Date:Thursday, September 23, 2021 3:00:33 PM
Attachments:2936wmain_00001.pdf
image001.png
From: Sidney C Kuzmich <skuzmich@salemva.gov>
Sent: Thursday, September 23, 2021 12:44 PM
To: Engineering <Engineering@salemva.gov>
Subject: Zoning-2936 W Main St.
Please see the attached zoning approval for 2936 W Main St, Sunshine Spa. She states she will be
doing acupressure. She did not state if she will have any one else working in the spa with her.
Sidney C Kuzmich, MDCR
Chief Deputy Commissioner of the Revenue
P: (540) 375-3019
F: (540) 375-3048
CONFIDENTIALITY NOTICE: This email message, including any attachments, is for the sole use of the
intended recipient(s) and may contain confidential information. If you are not the intended
recipient, please contact the sender by reply email and immediately delete all copies of the original
message. Confidential taxpayer information is protected by Va. Code Ann. § 58.1-3. In addition,
unauthorized access or use of any federal confidential taxpayer information may be a violation of
Title 18, U.S. Code, Section 1030, and may subject the individual to criminal and civil penalties
pursuant to Title 26, U.S. Code, Sections 6103, 7213, 7213(A), and 7431.
SALE Notes Listing
Case Notes - Z-NO BUS LIC -2021-
00000609
Date Descending
Run on 11/17/2021 09:01:31 AM
Business with out license Scott Martin 11/17/2021 08:52:53 AM
Went to this location on 11-16-21 and asked the employee if she did full body massages. The female stated yes and walked
me into a massage room that had a massage bed. I asked her then if she had a massage license and she pointed at a license
for acupuncture. I explained to her that was not the proper license for a full body massage. She could not provide me with a
massage therapist license. I advised to her that she cannot be giving massages with out the proper license. This business was
also found to be allowing sexual acts to be performed along with the massages.
Run by sgmartin on 11/17/2021 09:01:34 AM Page 1 of 1
Item # 6D
Date: 1-24-2022
AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM,
VIRGINIA HELD AT SALEM CIVIC CENTER
AGENDA ITEM: Amendment to the City Code – Chapter 106
Hold public hearing and consider ordinance on first reading
amending Chapter 106, Zoning, Article IV. Development
Standards, Section 106-400 pertaining to site plan review.
Advertised in the January 6 and 13, 2022 issues of
the Salem Times-Register.
SUBMITTED BY: Mary Ellen Wines, CZA CFM
Zoning Administrator
SUMMARY OF INFORMATION:
The proposed amendment to the Zoning Ordinance is regarding the requirements for site
plan review. There are three housekeeping items. One is the allowance of agreements in
lieu of plan, approved by the City Engineer, for sites that result in a 5,000-9,999 square foot
increase in impervious surface area of the site. This is done in practice but is not explicitly
stated in the code. The second is amending the responsible party from the Director of
Planning and Development (which is a position that no longer exists) to the Zoning
Administrator who has authority over the Zoning Ordinance. The third is the specifications
of the format of the site plan. This section applies to the scale and type of documents
submitted for review.
The proposed amendment includes the addition of the minor site plan. There are many
instances that only a one- or two-page plan is required for review, instead of the full 20-page
or so submittal. Currently, when this is the case, the requirements, the process, and the fee
remain the same for a full site plan. This amendment would allow for the smaller scale
submission. Also included in the proposed amendment is the requirement of elevation
drawings for any site plan. This will assist the city in the review of proposed development.
The attached ordinance was amended for Council consideration to address minor
housekeeping changes.
Staff Recommendation:
Staff is continuously reviewing City Code and recommends making these changes to keep
it up to date and applicable.
Page 1 of 9
AN ORDINANCE TO AMEND, REVISE, AND REORDAIN CHAPTER 106, ZONING,
ARTICLE IV, DEVELOPMENT STANDARDS, SECTION 106-400 OF THE CODE
OF THE CITY OF SALEM, VIRGINIA PERTAINING TO SITE PLAN REVIEW.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, That Section
106-400, Article IV Development Standards of the CODE OF THE CITY OF SALEM,
VIRGINIA, be amended, revised, and reordained to read as follows:
CHAPTER 106 ZONING
ARTICLE IV. DEVELOPMENT STANDARDS
Sec. 106-400. Site plan review.
(A) A site plan shall be required and shall be submitted to the city for each of the following:
1. All new development in every zoning district except for single family and two-family
dwellings.
2. The conversion of any single family or two-family dwelling to any other use or to a
higher intensity residential use.
3. Additions or modifications to buildings or sites, except single family and two-family
dwellings, if said addition or modification results in a 5,000 square foot or greater
increase in impervious surface area of the site. 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. The conversion of any property from fee simple ownership to a condominium form of
ownership.
5. The conversion of any building or property to a different use category, e.g.,
commercial to industrial.
6. Additions or modifications that may increase the requirements of any development
standard including but not limited to parking, landscaping, and stormwater
management.
(B) All required site plans shall be prepared by a professional engineer, or land surveyor B, who
is registered by the Commonwealth of Virginia. The city may waive this requirement if the
type, scale or location of the proposed development does not necessitate such plans.
(C) A plot plan, that meets the standards contained in section 106-406.3 shall be required for all
uses or development not requiring a site plan.
(Ord. of 3-14-05(2); Ord. of 1-23-2017(2))
Sec. 106-400.1. 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
Page 2 of 9
are necessary, the Planning and 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.
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
Page 3 of 9
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.
Sec. 106-400.12. Preliminary site plans.
(A) Applicants for major site plan approval may submit a preliminary site plan to the city for
review and approval prior to preparing a final site plan. The preliminary site plan shall show
the general location of all existing and proposed land uses and site features. Specifically, it
shall include the following information:
1. The name and location of the proposed development.
2. The boundary of the entire tract showing distances and bearings.
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. Area and present zoning of the site proposed for development.
5. Adjacent and abutting properties with information on ownership, zoning and current
use.
6. Location of the lot or parcel by vicinity map. Site plans shall also contain a north
arrow, original date, revision dates and graphical scale.
Created: 2021-08-17 14:59:57 [EST]
(Supp. No. 22, Update 2)
Page 4 of 9
7. 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.
8. 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.
9. 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.
(B) The city shall review the preliminary site plan and shall advise the applicant whether or not
the features and uses shown on the preliminary plan generally conform to the provisions of
this chapter and any other applicable city ordinance and requirement. If the features and
uses shown on the preliminary plan generally conform to the provisions of this chapter, the
city shall advise the applicant of the approval of the preliminary plan and shall authorize the
applicant to prepare and submit a final site plan. If the features and uses shown on the
preliminary plan do not conform to the provisions of this chapter, the city shall advise the
applicant in writing, and shall advise the applicant on what changes to the preliminary plan
are necessary prior to approval.
(Ord. of 3-14-05(2))
Sec. 106-400.3. Final site plans.
(A) Every final 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.
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.
Page 5 of 9
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.
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
Page 6 of 9
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.
(Ord. of 3-14-05(2))
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 Planning and 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 final approval by the city, site plans shall be signed by the owner or
developer of the parcel(s) proposed for development. The signature shall certify
that the owner/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/developer agrees to comply with these requirements, unless modified in
accordance with local law.
(A) Site plans shall be submitted on sheets no greater in size than 24 by 44 inches. A sheet size
of 24 by 36 inches is required. The 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'). Plans shall be
designed using an engineering scale. The Director of Planning and Development may
approve a lesser scale such as 1"=100' provided sufficient detail is provided to ensure
compliance with all applicable requirements of this chapter and any other requirement or
ordinance of the city or Commonwealth.
(B) If more than one sheet is used to supply the information required by this chapter, sheets
shall be numbered, and match lines shall be provided, when appropriate, to clearly indicate
where the plans join.
(C) Prior to final approval by the city, site plans shall be signed by the owner or developer of
the parcel(s) proposed for development. The signature shall certify that the owner/developer
is aware of the site design requirements imposed by the site plan and other applicable city
Page 7 of 9
codes and shall further certify that the owner/developer agrees to comply with these
requirements, unless modified in accordance with local law.
(D) After approval, the city may require that all approved plans be submitted to the city in
digital format.
(Ord. of 3-14-05(2))
Sec. 106-400.7. Administrative procedures and requirements.
(A) The Director of Planning and Development 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 Director of Planning and Development 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 Director of Planning and
Development Zoning Administrator who shall consult with all applicable departments or
agencies prior to approving the change.
(Ord. of 3-14-05(2))
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
Page 8 of 9
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 cost
of the improvements plus ten percent contingency, as determined by the city engineer. 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.
(Ord. of 3-14-05(2); Ord. of 3-10-08(5))
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.
Page 9 of 9
Upon a call for an aye and a nay vote, the same stood as follows:
John E. Saunders -
William D. Jones -
Byron Randolph Foley -
James W. Wallace, III –
Renee F. Turk –
Passed:
Effective:
__________________________
Mayor
ATTEST:
___________________________
H. Robert Light
Clerk of Council
City of Salem, Virginia
Item # 6E
Date: 1-24-2022
AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM,
VIRGINIA HELD AT SALEM CIVIC CENTER
AGENDA ITEM: Amendment to the City Code – Chapter 78
Hold public hearing and consider ordinance on first reading
amending Chapter 78, Subdivisions, Article I Generally, Sections
78-103 and 78-105, Article II Administration, 78-201, Article III
Definitions, Section 78-300, Article IV Review of Plats, Sections
78-402, 78-403, 78-406, 78-408, 78-416, and 78-421.4 of the
CODE OF THE CITY OF SALEM, VIRGINIA pertaining to the
review of subdivision site plans and plats. Advertised in the
January 6 and 13, 2022 issues of the Salem Times-Register.
SUBMITTED BY: Mary Ellen Wines, CZA CFM
Zoning Administrator
SUMMARY OF INFORMATION:
The proposed amendment to the Subdivision Ordinance is regarding the requirements for
submittal and approval of subdivision plats and subdivision site plans. The proposal is in an
effort to simplify the current process. There are four housekeeping items. The first is the
definition of subdivision site plans. This change clarifies that the required plan is a
subdivision site plan. The second is the clarification of the agents. Through the adoption of
the Planning Commission by-laws, the City Manager, and Director of Community
Development shall serve as the agents of the Planning Commission. The third is amending
the responsible party from the Director of Planning and Development (which is a position
that no longer exists) to the Director of Community Development. The fourth are the
specifications of the format of the plats and subdivision site plans. These sections apply to
the scale and type of documents submitted for review.
The proposed amendment includes a change in the approval process of major subdivisions as
required by the Code of Virginia. Section 15.2-2260 states that the city can require a
preliminary plat for a major subdivision involving 50 or more lots. However, a preliminary
plat must be optional for a major subdivision involving less than 50 lots.
The proposed amendment also includes a change in the current process of major
subdivisions. Currently it is required that the preliminary plat, the final plat, and the site plan
be approved by the Planning Commission. With a large development with multiple sections
this can be a confusing and time-consuming process. It is proposed to streamline the process
by requiring only the final plat to be approved by the Commission. The preliminary plat and
subdivision site plan would be approved administratively.
The proposed amendment also includes a change that the Commission must approve any
final plat recordation extension for a multiple phased project.
Staff Recommendation:
Staff is continuously reviewing City Code and recommends making these changes to keep
it up to date and applicable.
AN ORDINANCE TO AMEND, REVISE, AND REORDAIN CHAPTER 78, SUBDIVISIONS,
ARTICLE I GENERALLY, SECTIONS 78-103 AND 78-105, ARTICLE II ADMINISTRATION, 78-
201, ARTICLE III DEFINITIONS, SECTION 78-300, ARTICLE IV REVIEW OF PLATS, SECTIONS
78-402, 78-403, 78-406, 78-408, 78-416, AND 78-421.4 OF THE CODE OF THE CITY OF SALEM,
VIRGINIA PERTAINING TO THE REVIEW OF SUBDIVISION SITE PLANS AND PLATS.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, That Sections 78-
103 and 78-105, Article I Generally, 78-201, Article II Administration, Section 78-300, Article
III Definitions, Sections 78-402, 78-403, 78-406, 78-408, 78-416, and 78-421.4, Article IV
Review of Plats of the CODE OF THE CITY OF SALEM, VIRGINIA, be amended, revised,
and reordained to read as follows:
Chapter 78 SUBDIVISIONS
ARTICLE I. GENERALLY
Sec. 78-100. Title.
This chapter shall be known and cited as the "Subdivision Ordinance of Salem Virginia," or the "Subdivision
Ordinance."
(Ord. of 3-14-05(1))
Sec. 78-101. Policy.
(a) Land to be subdivided within the City of Salem shall be of a character that it can be used safely for building
purposes without danger to health or peril from fire, flood, or other menace. Land shall not be subdivided until
adequate public facilities and improvements exist and proper provision has been made for drainage, public
water, and public sewer.
(b) Proposed public improvements shall conform to proposals as may be shown in the comprehensive plan and the
capital improvement program of the city. It is intended that these regulations shall supplement and facilitate
the enforcement of the provisions and standards contained in the building code, the zoning ordinance, the
comprehensive plan, and the capital improvement program of the city.
(c) Land that has been subdivided prior to the effective date of these regulations should, whenever possible, be
brought within the scope of these regulations to further the purposes of this chapter.
(Ord. of 3-14-05(1))
Sec. 78-102. Purpose.
The purpose of this chapter is to establish procedures and regulations for the subdivision of land within the
corporate limits of the City of Salem, Virginia, and to accomplish the following objectives:
(1) To achieve the orderly development of land through reasonable standards of design and procedures for
subdivision and re-subdivision of land; and ensure proper legal description and marketing of subdivided
land.
(2) To protect and provide for the public health, safety and general welfare.
(3) To guide future growth and development in accordance with the policies of the comprehensive plan;
applicable zoning regulations and any other adopted policy documents of the city.
(4) To provide for the orderly extension of public water and sewer, streets, sidewal ks and bikeways,
stormwater facilities, and other public facility services in a safe, adequate and efficient manner; to secure
adequate provision of street lighting, fire and police protection, recreation and educational facilities, and
similar municipal services.
(5) To coordinate proposed public facilities and streets in new subdivisions with existing public services in a
manner that minimizes adverse effects on adjacent or nearby neighborhoods.
(6) To reduce and prevent air, soil, noise, water pollutio n, and flooding; and to insure appropriate
development with regard to natural resources and features, and open space which will contribute to the
beauty of the community and value of the land.
(7) To promote the economic, social and environmental stability of the community and to protect the
character of Salem through the encouragement of beneficial and balanced urban development patterns.
(Ord. of 3-14-05(1))
Sec. 78-103. Jurisdiction and applicability of chapter.
(a) These regulations shall govern the subdivision of all land located within the corporate limits of the city
occurring on or after the effective date of this chapter. No land may be subdivided through the use of any legal
description other than a plat approved by the Planning Commission or agent in accordance with this chapter.
(b) No existing subdivision shall be modified except by approval in accordance with this and other applicable
ordinances of the city.
(c) This chapter shall govern residential and nonresidential subdivisions.
(Ord. of 3-14-05(1))
Sec. 78-104. Adoption, amendment, and recordation of this ordinance.
(a) The planning commission shall prepare and recommend the subdivision ordinance and transmit it to the city
council. The city council shall approve and adopt a subdivision ordinance only after notice has been published,
and a public hearing held, in accordance with § 15.2 -2204 of the Code of Virginia.
(b) The planning commission may, or at the request of the city council shall, prepare and recommend amendments
to the subdivision ordinance. The procedure for amendments shall be the same as for the preparation,
recommendation, approval and adoption of the original ordinance; provided that no amendment shall be
adopted by the city council without a referral of the proposed amendment to the planning commission for
recommendation, nor until 60 days after such referral, if no recommendation is made by the planning
commission.
(c) When the subdivision ordinance has been adopted or amended, a certified copy of the ordinance and any and
all amendments thereto shall be filed in the office of the city manager, and in the clerk's office of the Salem
Circuit Court.
(Ord. of 3-14-05(1))
Sec. 78-105. Interpretation.
The provisions of this chapter shall be the minimum requirements for submission, preparation and recordation
of all plats and subdivision site plans. Words used in the present tense include the future tense, except where the
natural construction of this chapter indicates otherwise; words in the singular number include the plural number, and
words in the plural include the singular; "shall" is ma ndatory and not discretionary; "may" is permissive.
(Ord. of 3-14-05(1))
Sec. 78-106. Effective date.
(a) This chapter shall be effective on July 1, 2005.
(b) Any subdivision for which a preliminary or final plat has received written approval prior to the effective date
of this chapter and for which a final plat for the subdivision or a section thereof is recorded within one y ear of
the date of such approval, may be developed in accordance with the subdivision ordinance in effect on the date
of such approval.
(Ord. of 3-14-05(1))
Sec. 78-107. Relationship to zoning ordinance.
(a) The Salem Zoning Ordinance and zoning map shall control the type and intensity of use of all property within
the city.
(Ord. of 3-14-05(1))
ARTICLE II. ADMINISTRATION
Sec. 78-200. Planning commission.
(a) The planning commission, or its designated agent, shall have the authority to review, approve and disapprove
the preliminary and final plats for all subdivisions of land within the corporate limits of the City of Salem . The
planning commission shall perform its duties in regard to subdivisions in accordance with this chapter, and the
Land Subdivision and Development Act, Title 15.2, Chapter 22, Article 6 of the Code of Virginia.
(Ord. of 3-14-05(1))
Sec. 78-201. Agent.
(a) The planning commission or its designee is appointed to be the by city council's agent, to administer and
enforce this chapter. The agent's approval, disapproval, or other action shall be that of the governing body.
(b) The planning commission’s agent shall be appointed by planning commission to administer and enforce
this chapter.
(b)(c) The planning commission or its designee agent shall exercise authority to review, approve and disapprove
plans for the construction of public facilities within all new subdivisions within the corporate limits of the City
of Salem.
(c)(d) 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.
(Ord. of 3-14-05(1))
Sec. 78-201.1. Agent authority to consult.
(a) The planning commission or its agent may call for opinions or decisions, either oral or written, from other
departments or agencies in considering details of any submitted plat.
(Ord. of 3-14-05(1))
Sec. 78-201.2. Agent additional authority.
(a) The agent may establish any reasonable administrative procedures deemed necessary for the proper
administration of this chapter.
(Ord. of 3-14-05(1))
Secs. 78-202, 78-203. Reserved.
Sec. 78-204. Enforcement.
(a) No person shall subdivide any tract of land that is located within the juri sdiction of the city except in
conformity with the provisions of this chapter and any other applicable city ordinance.
(b) No person shall subdivide land without making and recording a plat of such subdivision and without fully
complying with the provisio ns of this subdivision chapter and of general law.
(c) No such plat of any subdivision shall be recorded unless or until it shall have been submitted to and approved
by the planning commission, or its designee, as appropriate.
(d) No person shall sell or transfer any land of a subdivision before the plat has been approved and recorded as
provided herein unless such subdivision was lawfully created prior to the adoption of this chapter or any
predecessor subdivision ordinance; provided, however, that nothi ng herein shall be construed as preventing the
passage of title of property.
(e) Any person violating the foregoing provisions of this section shall be subject to a fine of not more than
$500.00 for each lot or parcel of land so subdivided or transferred or sold; and the description of such lot or
parcel by metes and bounds in the instrument of transfer or other document used in the process of selling or
transferring shall not exempt the transaction from such penalties or from the remedies herein provided.
(f) The agent 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.
(g) The zoning administrator shall not approve a site development plan nor issue a zoning permit for any lot that
was created in violation of this chapter.
(Ord. of 3-14-05(1))
Sec. 78-205. Fees.
(a) City council shall established reasonable fees for the administration of these provisions. A copy of these fees
shall be available in the office of the city manager.
(Ord. of 3-14-05(1))
Sec. 78-206. Waivers authorized.
(a) In cases of unusual situations or where strict adherence to the general regulations in this chapter would result
in substantial injustice or hardship, the planning commission, 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.
(Ord. of 3-14-05(1))
Sec. 78-206.1. Waiver process.
(a) Each request for a waiver from the terms of this chapter shall be made in writing by the subdivider, stating
specifically the provision from which the waiver is requested, and the grounds therefore. Where possible, the
subdivider should submit a request for a waiver with the preliminary plat submission. All waiver re quests shall
be accompanied by such plats, drawings, and engineering documents required by the agent to allow the
planning commission to understand and act on the waiver.
(Ord. of 3-14-05(1))
Sec. 78-206.2. Authority to grant waiver.
(a) The planning commission shall review, approve or disapprove any request for a waiver.
(Ord. of 3-14-05(1))
Sec. 78-206.3. Time period for consideration of waiver request; notice.
(a) The planning commission shall take action on a request for a waiver within 60 days after the application is
filed at least ten days prior to final action, the planning commission shall give written notice by regular mail or
by delivery to landowners adjoining the plat involved in the request.
(Ord. of 3-14-05(1))
Sec. 78-206.4. Action on waiver request.
(a) The planning commission shall grant or deny each request in writing, stating the reasons therefore. The action
of the planning commission shall be final. As to each waiver, the planning commission shall preserve and
record the application and the basis for the waiver or denial of the waiver.
(Ord. of 3-14-05(1))
Secs. 78-207—78-299. Reserved.
ARTICLE III. DEFINITIONS
Sec. 78-300. Definitions.
(a) For the purposes of this chapter, the words and terms set out in this section shall have the meanings described
below. Any word or phrase used in this chapter shall have the same meaning as that set forth in the City of
Salem Zoning Ordinance.
(b) Definitions:
Acceptance: The point when the public improvement is either:
(1) Accepted by resolution of the city council; or
(2) Taken over for operation and maintenance by the city or other public authority which is
responsible for maintaining and for operating such facility upon acceptance.
Agent: A r Representatives of the city council planning commission who has have been appointed to
serve as its agent 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 prop erty right or imposition of a
burden or obligation different from that suffered by the public in general.
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 creatio n 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 agent 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.
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.
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 effect 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 right-of-way adjacent to the public street.
Street, arterial: A heavily traveled thoroughfare or highway that carries a large volume of through
traffic.
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.
VDOT: Virginia Department of Transportation.
(Ord. of 3-14-05(1))
Secs. 78-301—78-399. Reserved.
ARTICLE IV. REVIEW OF PLATS
Sec. 78-400. Submission of plat and plans to agent.
(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 agent. The agent 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.
(Ord. of 3-14-05(1))
Sec. 78-401. Boundary line adjustments.
(a) Notwithstanding, subsection 78-400(b) above, the agent 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.
(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.
(c) No boundary line adjustment shall result in the creation of any new violation of the zoning ordinance,
however, any existing nonconformity of lot size, frontage or setback may continue so long as such
nonconformity is not enlarged, extended, or expanded.
(Ord. of 3-14-05(1))
Sec. 78-402. Approval process, major subdivision.
(a) Any applicant for a major subdivision involving more than 50 lots shall submit a preliminary plat to the
planning commission agent 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 agent, the applicant shall
submit a final plat to the Planning Commission and a subdivision site plan to the planning commission
agent for review and approval.
(Ord. of 3-14-05(1))
Sec. 78-403. Approval process, minor subdivision.
(a) Any applicant for a minor subdivision shall submit a preliminary plat and final plat and subdivision site plan,
if required, plans to the City of Salem Director of Planning and Development Community Development,
who shall be authorized to coordinate the review and approval of said plats and plans. The Director of
Planning and Development Community Development shall have the right to refer any minor subdivision to
the planning commission for its review and approval.
(Ord. of 3-14-05(1))
Sec. 78-404. Series of minor subdivision plats.
(a) The agent 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 agent determines that the series of
plats in fact constitutes a major subdivision then the agent shall require the subdivider to follow the process for
the review of major subdivision plats.
(Ord. of 3-14-05(1))
Sec. 78-405. Changing plats after approval.
(a) No change, erasure or revision shall be made on any preliminary or final plat of a subdivision, nor on
accompanying plans, after approval by the planning commission or agent, unless authorization for such change
has been granted in writing by the planning commission or agent. In no case shall the planning commission or
agent 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.
(Ord. of 3-14-05(1))
Sec. 78-406. Pre-application conference.
(a) The applicant shall may schedule a conference with the agent to review a concept sketch for an y 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 agent's comments on the sketch shall be informal, and shall not constitute a formal approval or
disapproval of the subdivision plat.
(Ord. of 3-14-05(1))
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 slop es 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 subdivide d.
(Ord. of 3-14-05(1))
Sec. 78-408. Preliminary plats.
Sec. 78-408.1. Size and information required on a preliminary plat.
(a) All preliminary plats shall be either 17 by 22 inches or 24 by 36 18 x 24 inches in size, and submitted in
digital format.
(b) Prior to final approval by the planning commission or agent, 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.
(c) The preliminary plat shall demonstrate compliance with the requirements of the Salem Zoning Ordinance and
this chapter. The agent may require the following elements:
(1) Name of the subdivision, with the notation, "Preliminary Plat".
(2) Name(s) of owner(s) of subdivision.
(3) Name of surveyor or engineer.
(4) Location of proposed subdivision by vicinity map showing adjoining roads, and names of roads.
(5) Adjoining subdivisions.
(6) Parcel tax numbers.
(7) Deed references.
(8) True, record or grid north.
(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 agent 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.
(Ord. of 3-14-05(1))
Sec. 78-408.2. Metes and bounds descriptions—Preliminary plats.
(a) Metes and bounds descriptions on a preliminary plat shall include distances measured to the nearest hundredth
of a foot, and bearings to the nearest second.
(Ord. of 3-14-05(1))
Sec. 78-408.3. Acceptance of preliminary plat and subdivision site plan.
(a) The agent or planning commission 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.
(d) For minor all subdivisions, the agent shall review the accepted preliminary plat and subdivision site plan. For
major subdivisions, the agent shall forward the accepted preliminary plat and accompanying plans to the
planning commission for review.
(Ord. of 3-14-05(1))
Sec. 78-408.4. Review of preliminary plats.
(a) The preliminary plat for each phase of a multi-phased development shall demonstrate compliance with this
chapter, the zoning ordinance, and other applicable city standards and ordinances.
(b) The planning commission or agent shall act to approve or disapprove the preliminary plat within 60 days of its
acceptance; provided, however, that if referral to a state agency for review is necessary, the planning
commission or agent shall act within 45 days after receiving approval from all state agencies. If a plat is
disapproved, the planning commission or agent shall state the reasons therefore and shall state what
corrections or modifications will permit approval of the preliminary plat by the planning commission or agent.
(Ord. of 3-14-05(1))
Sec. 78-408.5. Term of validity of preliminary plat.
(a) A preliminary subdivision plat remains valid for five years from the date of approval provided the
subdivider submits a final subdivision plat for all or a portion of the property within one year of such
approval and thereafter diligently pursues approval of the final subdivision plat. "Diligent pursuit of
approval" means that the subdivider has incurred extensive obligations or substantial expenses
relating to the submitted final subdivision plat or modifications thereto. However, no sooner than
three years following such preliminary subdivision plat approval, and upon 90 days' written notice
by certified mail to the subdivider, the commission or agent may revoke such approval upon a
specific finding of facts that the subdivider has not diligently pursued approval of the final
subdivision plat.
(b) The final plat and final plan shall meet all of the submittal requirements established by this chapter for the
subdivision or section thereof. Failure to do so shall make the preliminary plat approvals null and voi d.
(Ord. of 3-14-05(1))
Sec. 78-408.6. Multi-phase subdivisions.
(a) When the planning commission approves the preliminary plat of a multi -phase subdivision, After approval of
the preliminary plat by the agent, the subdivider may request an extensio n it may approve an extended
period for the recordation of the final plats of the subdivision from the Planning Commission. 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 at the time within 45 days of the approval of the
preliminary plat. The planning commission 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.
(Ord. of 3-14-05(1))
Sec. 78-408.7. Appeal of failure to act on preliminary plat.
(a) If the planning commission or agent 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 agent, may petition the circuit court for an order with respect thereto as it deems proper, which
may include directing approval of the plat.
(Ord. of 3-14-05(1))
Sec. 78-408.8. Appeal of disapproval of preliminary plat.
(a) If the planning commission or agent 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 agent.
(Ord. of 3-14-05(1))
Secs. 78-409—78-415. Reserved.
Sec. 78-416. Engineering Subdivision site plans.
Sec. 78-416.1. Engineering Subdivision site plan specifications.
(a) Every engineering subdivision site plan shall be 24 by 36 inches in size and at a scale of not smaller than 50
feet to the inch (1" = 50'), except in cases where the agent has approved an alternate scale.
(b) Prior to final approval by the city, subdivision site engineering plans shall be signed by the owner of the land
proposed for subdivision. The signature shall certify that the owner is aware of the design requirements
imposed by the plan and other applicable city codes, and shall further certify that the owner agrees to comply
with these requirements, unless modified in accordance with the City Code.
(c) The subdivision site engineering plan shall include the following:
(1) General information:
a. Name of subdivision.
b. True, record, or grid north (identified as such).
c. Scale of drawing.
d. Number of sheets.
e. Name and address of person and firm preparing the plan.
f. Approval block providing for signature and date.
g. Vicinity map indicating adjoining roads and road names, and at a scale not smaller than 1" =
2,000'.
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.
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.
(Ord. of 3-14-05(1))
Sec. 78-416.2. Waiver of subdivision site engineering plan elements.
(a) The agent may waive the requirement to show on the subdivision site engineering 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.
(Ord. of 3-14-05(1))
Sec. 78-416.3. Preparation of plan by certified professional engineer or land surveyor B.
(a) Every subdivision site engineering plan shall be prepared by a certified professional engineer or land
surveyor, B who shall endorse the plan.
(Ord. of 3-14-05(1))
Sec. 78-416.4. Process for approval of subdivision site engineering plans.
(a) Engineering Subdivision site plans for the design and construction of required public facilities shall be
submitted with the final plat. The agent shall approve or disapprove plans within 60 days of their submission.
In the event of the failure of the agent 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.
(Ord. of 3-14-05(1))
Sec. 78-416.5. Effect of approval.
(a) Approval by the agent of the engineering 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 o r 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.
(Ord. of 3-14-05(1))
Secs. 78-417—78-420. Reserved.
Sec. 78-421. Final plats.
Sec. 78-421.1. Elements of final plats.
(a) All final subdivision plats shall be clearly and legibly drawn in ink, at a scale of not smaller than 50 feet to the
inch (1' = 50'), except in cases where the agent has approved an alternate scale, on sheets being 24 by 36 or 17
by 22 18 x 24 inches in size.
(b) The final plat shall show the following information:
(1) General information:
a. Name of subdivision.
b. True, record, or grid north.
c. Scale of drawing, which shall be not smaller than 1" = 50', without approval of the agent.
d. Number of sheets.
e. Name and address of person and firm preparing plat.
f. Vicinity map indicating adjoining roads and road names, and at a scale not smaller than 1" = 2,00'.
g. 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 water and sewer service to each lot.
(3) Plat information:
a. Metes and bounds of the perimeter of the subdivision.
b. Interior tract lines.
c. Departing lot lines for adjacent parcels.
d. Property owner names for adjacent parcels.
e. Area of each proposed lot.
f. Proposed lot numbers.
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, wi th 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.
(Ord. of 3-14-05(1))
Sec. 78-421.2. Preparation of final plat by land surveyor.
(a) Every final subdivision plat shall be prepared by a licensed surveyor, who shall sign and date each plat and
include a certificate signed by him setting forth the source of title of the owner of the land subdivided and the
place of record of the last instr ument in the chain of title. When the plat is of land acquired from more than
one source of title, the outlines of the several tracts shall be indicated upon the plat.
(Ord. of 3-14-05(1))
Sec. 78-421.3. Final plats—Signature by owners, proprietors, and trustees.
(a) Every final plat shall contain in addition to land surveyor's certificate a statement as follows: "The platting or
dedication of the following described land (here insert a correct description of the land subdivided) is with the
free consent and in accordance with the desire of the undersigned owners, proprietors, and trustees, if any."
The statement shall be signed by the owners, proprietors, and trustees, if any, and shall be duly acknowledged
before an officer authorized to take acknowledgment of deeds.
(Ord. of 3-14-05(1))
Sec. 78-421.4. Deadline for filing final plat and plans for major subdivisions.
(a) The subdivider shall file with the agent the final plat and final subdivision site engineering plans meeting
the standards of this chapter for all or one or more sections of the subdivision within one year of the
planning commission's agent’s approval of the preliminary plat.
(Ord. of 3-14-05(1))
Sec. 78-421.5. Review of final plat.
(a) The agent, 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 60 days 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.
(c) The agent 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 easemen t for public passage, or
an easement for the conveyance of stormwater, domestic water or sewage.
(d) The agent shall not approve a final plat until any necessary subdivision agreement, with surety has been
submitted and approved by the city attorney.
(e) Where appropriate, the agent 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.
(f) After final plat approval by the agent, 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 agent.
(Ord. of 3-14-05(1))
Sec. 78-421.6. Disapproval of final plat.
(a) In the case of disapproval, the agent 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.
(Ord. of 3-14-05(1))
Sec. 78-421.7. Effect of approval of final plat.
(a) Only a final plat approved by the city may be recorded with the clerk of the circuit court.
(b) An approved final plat must be recorded with the clerk of the circuit court within six months of the date of
approval. However, this time period shall be extended to one year if:
(1) The subdivider has commenced the construction of facilities to be dedicated to public use, pursuant to an
approved plan, or permit with security approved by the agent; or, if
(2) The subdivider has furnished surety to the agent by certified check, cash escrow, bond, or letter of credit
in the amount of the estimated cost of construction for such facilities.
These exceptions apply only if construction has commenced or security has been approved and accepted
before the expiration of the six-month time period. The deadline for filing the plat may be extended for
the period specified in the security agreement.
(c) In any case where a deed of dedication accompanies the final plat, the agent shall record both the final plat and
the deed of dedication.
(d) The subdivider shall record any required deeds of easement to a homeowner's association contemporaneously
with the final plat.
(e) If the subdivider fails to timely record the final plat, then the approval shall become null and void a nd the
subdivider shall return the plat to the agent so that it may be so marked.
(Ord. of 3-14-05(1))
Sec. 78-421.8. Final plat—Recordation in phases.
(a) If the subdivider records a final plat which is a section or phase of a subdivision as shown on the approved
preliminary plat within the period established in section 78 -421.7 above, then the subdivider may record the
remaining sections or phases for a period of five years from the recordation date of the first section, in
accordance with this section. The subdivider shall furnish the city with a certified check, cash escrow, bond, or
letter of credit in the amount of the estimated cost of construction of the facilities to be dedicated within said
section for public use and maintained by the city, the Commonwealth, or other public agency. The five-year
time period provided herein may be extended by the planning commission at the time of approval of the
preliminary plat, as provided in section 78-408.6 above.
(Ord. of 3-14-05(1))
Sec. 78-421.9. Effect of recordation of approved plat.
(a) The recordation of an approved plat shall operate to transfer, in fee simple, to the city, the portion of the
premises set apart for streets, alleys, bikeways, sidewalks or other public use, and to convey facilities and
easements for the conveyance of stormwater, public water and sewage.
(b) When the agent 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.
(Ord. of 3-14-05(1))
Sec. 78-421.10. Appeal of failure to act on final plat.
(a) If the agent or planning commission fails to approve or disapprove a final plat within 60 days after it has been
officially submitted for approval, the subdivider, after ten days' notice to the agent, 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.
(Ord. of 3-14-05(1))
Sec. 78-421.11. Appeal of disapproval of final plat.
(a) If the agent 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.
(Ord. of 3-14-05(1))
Sec. 78-421.12. Final plat and plans—Copies to be provided.
(a) Subsequent to the approval of the final plat and plans, the subdivider shall provide the city with one
reproducible and three printed copies of all approved plats and plans. The city may also require that the
subdivider provide one digital copy of all approved plats and plans in a format specified by the city.
(Ord. of 3-14-05(1))
Secs. 78-422—78-499. Reserved.
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 E. Saunders -
William D. Jones -
Byron Randolph Foley -
James W. Wallace, III –
Renee F. Turk –
Passed:
Effective:
__________________________
Mayor
ATTEST:
___________________________
H. Robert Light
Clerk of Council
City of Salem, Virginia
Item # 6F
Date: 1/24/2022
AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD
AT SALEM CIVIC CENTER
MEETING DATE: January 24, 2022
AGENDA ITEM: Consider ordinance on first reading to amend Chapter 86- Traffic and
Vehicles, Article XII Dockless Mobility Operations; Shared Mobility Systems,
of The Code of The City of Salem, Virginia, to establish a pilot program for
shared mobility devices.
SUBMITTED BY: Jim Guynn, City Attorney
SUMMARY OF INFORMATION:
Section 46.2-1315 of Code of Virginia allows for the use of motorized skateboards or scooters,
bicycles, or electric power-assisted bicycles for hire. This section also allows for localities to adopt
a demonstration or pilot program regulating the operation of such businesses.
Currently, the City Code does not include the necessary language to utilize a demonstration or pilot
program to allow the City to monitor and structure related requirements. The proposed changes to
Chapter 86 of the City’s Code will allow for the utilization of such a demonstration or pilot program
related to the operation of such a business.
STAFF RECOMMENDATION:
Staff recommends approval of this ordinance by Council.
AN ORDINANCE TO AMEND CHAPTER 86 – TRAFFIC AND VEHICLES, ARTICLE
XII – DOCKLESS MOBILITY OPERATIONS; SHARED MOBILITY SYSTEMS OF
THE CODE OF THE CITY OF SALEM TO ESTABLISH A PILOT PROGRAM FOR
SHARED MOBILITY DEVICES
WHEREAS, Section 46.2-1315(A) of the Code of Virginia authorizes municipalities to
regulate the operation of companies providing motorized skateboards or scooters for hire; and
WHEREAS, on December 9, 2019, the City of Salem, Virginia passed an ordinance
regulating dockless mobility operations and shared mobility systems; and
WHEREAS, Section 46.2-1315(B) of the Code of Virginia permits localities “to first enact,
revise, or amend any ordinance . . . prior to a person offering motorized skateboards or scooters,
bicycles, or electric power-assisted bicycles for hire in the locality.”
NOW, THEREORE, be it ordained BY THE COUNCIL OF THE CITY OF SALEM,
VIRGINIA as follows:
Chapter 86 – TRAFFIC AND VEHICLES
ARTICLE XII. – DOCKLESS MOBILITY OPERATIONS; SHARED MOBILITY
SYSTEMS.
Sec. 86-481. – Permit application procedures.
(a) Any person seeking to operate a shared mobility system within the city shall first obtain
a permit from the city manager’s designee, conditioned on compliance with the
operating regulations contained in this article. The permittee will be required to obtain
a business license and will be responsible for all applicable local fees and taxes.
(b) No person shall operate a shared mobility system within the city without a permit.
Upon receipt of an application for a permit, the city manager’s designee may
implement a pilot program for shared mobility devices prior to acting on an
application. If a pilot program is employed, the city manager ’s designee may defer
action upon or deny the permit application until such time as the pil ot program
expires. If a pilot program is not employed, the city manager ’s designee may:
(1) approve the shared mobility device permit with or without additional conditions
if it meets the standards for approval set forth in this article; or (2) deny the s hared
mobility device permit if it does not meet the standards for approval set forth in this
article. Any person who operates a shared mobility system without a permit shall be
subject to a civil penalty not to exceed $1,000.00 for each violation within t he
discretion of the court. Each day of violation shall constitute a separate offense.
(c) The city manager or the manager’s designee may revoke any permit without prior
notice for failure to comply with the operating regulations.
(d) Any person whose permit application has been denied, or whose permit has been
revoked or terminated, may file an appeal with the city manager by submitting a written
statement to the city manager within ten business days of the denial or revocation. The
written statement shall describe the basis of the objection. The city manager shall issue
a final decision on the appeal within ten business days. Any permittee whose permit
has been revoked may not apply for another permit within six months.
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 E. Saunders -
William D. Jones -
Byron Randolph Foley -
James W. Wallace, III –
Renee F. Turk –
Passed:
Effective:
Mayor
ATTEST:
H. Robert Light
Clerk of Council
City of Salem, Virginia