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Home My WebLink About1/12/2022 - Planning Commission - Agenda -RegularPlanning Commission Meeting AGENDA Wednesday, January 12, 2022, 7:00 PM Work Session 6:00PM Council Chambers Conference Room, City Hall, 114 North Broad Street: Regular Session 7:00PM Council Chambers, City Hall, 114 North Broad Street WORK SESSION 1.Call to Order 2.New Business A.Discussion of items on the January 12th agenda 1. Codes changes - Subdivision and site plan 2. Rezoning 630 Union Street - HM to HBD 3. Rezoning 407 East Burwell Street - RB to TBD 4. Special Exception Permit 2936 West Main Street - Massage Parlor 5. By-laws 3.Adjournment REGULAR SESSION 1.Call to Order 2.Pledge of Allegiance 3.Election of Officers A.Election of Officers In accordance with 15.2-2217 of the Code of Virginia, consider the election of Chairman and Vice- Chairman for 2022. 4.Consent Agenda A.Minutes Consider acceptance of the minutes from the December 15, 2021, work session and regular meeting. 5.New Business W 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 TBD Transitional Business District. 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. C.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). 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. 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 CODE OF THE CITY OF SALEM, VIRGINIA pertaining to the review of subdivision site plans and plats. F.Planning Commission By-laws Consider the adoption of By-laws in accordance with Title 15.2, Chapter 22, Article 2, of the Code of Virginia. 6.Adjournment a.Footnote City Council meeting, January 24, 2022, 6:30 p.m. Community Room, Salem Civic Center, 1001 Roanoke Boulevard a Planning Commission Meeting MINUTES Wednesday, December 15, 2021, 7:00 PM Work Session 6:00PM Council Chambers Conference Room, City Hall, 114 North Broad Street: WORK SESSION 1.Call to Order A work session of the Planning Commission of the City of Salem, Virginia, was held in Council Chambers Conference Room, City Hall, 114 North Broad Street, at 6:30 p.m. on December15, 2021; there being present the members of said Commission, to wit: Vicki G. Daulton, Chair; Denise P. King, Vice Chair, Reid A. Garst II, Jackson Beamer, and Neil L. Conner; together with Charles E. Van Allman, Jr., Director of Community Development, Mary Ellen Wines, Zoning Administrator, and Jim H. Guynn, Jr., City Attorney; and the following business was transacted: Chair Daulton called the meeting to order at 6:09 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. Codes changes - Subdivision and site plan 2. Rezoning 630 Union Street - HM to HBD 3. Rezoning 407 East Burwell Street - RB to TBD 4. Special Exception Permit 2936 West Main Street - Massage Parlor Code Changes - Subdivision and Site Plan: discussed adding minor site plan and allowing subdivision site plans to be approved administratively. Rezoning 630 Union Street from HM to HBD: discussed multitenant commercial building. Rezoning 407 East Burwell Street from RB to TBD: discussed rezoning to allow for a larger sign. Special Exception Permit for 2936 West Main Street - Massage Parlor: discussed difference between massage therapists and massage parlors. O B.Discussion item on the December 15th agenda 1. Use Not Provided For - 1401 Southside Drive - crypto mining Use Not Provided For Permit - 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: discussed what crypto mining was and utilities needed; sound nuisances. C.Discussion of proposed bylaws 1. Continue the discussion of bylaws Bylaws discussed and Member Garst suggested two changes. 3.Adjournment Chair Daulton inquired if there were any other items for discussion and hearing none, adjourned the work session at 6:57 p.m. REGULAR SESSION 1.Call to Order A regular meeting of the Planning Commission of the City of Salem, Virginia, was held after due and proper notice in the Council Chambers, City Hall, 114 North Broad Street, Salem, Virginia, at 7:00 p.m., on December 15, 2021. Notice of such hearing was published in the December 2 and 9, 2021, issues of the "Salem Times Register," a newspaper published and having general circulation in the City of Salem. All adjacent property owners were notified via the U. S. Postal Service. The Commission, constituting a legal quorum, presided together with Jim H. Guynn, Jr., City Attorney; James E. Taliaferro, II, City Manager and Executive Secretary, ex officio member of said Commission, to wit; Charles E. Van Allman, Jr., Director of Community Development; and Mary Ellen Wines, Zoning Administrator; and the following business was transacted: Chair Daulton called the meeting to order at 7:01 p.m. 2.Pledge of Allegiance 3.Consent Agenda b A.Minutes Consider acceptance of the minutes from the November 10, 2021, work session and regular meeting. 4.New Business A.Use Not Provided For Permit Hold public hearing and consider 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. Hold public hearing and consider 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). Staff noted the following: “Cryptocurrencies are not issued or backed by the U.S. government or any other government or central bank. Cryptocurrencies are a form of digital currency used in electronic payment transactions—no coins, paper money or banks are involved; there are zero to minimal transaction fees; transactions are fast and not bound by geography; and, similar to using cash, transactions are anonymous.” “All digital currency transactions are recorded in a virtual public ledger called the “blockchain,” which is maintained by digital currency “miners.” These miners can be anyone, anywhere in the world, who is willing to invest in the specialized computer hardware needed to rapidly process complex computations. Miners are awarded digital currency for verifying each transaction and adding it to the blockchain.” There is a cap on the number of “coins” produced and the time it takes to create each coin increases over time. This process utilizes multiple computers, processors, and servers which produce a lot of heat, which require a lot of cooling, in which all use an enormous amount of electricity which can increase the carbon emissions. In researching this type of business, as there are none locally, it has become apparent that in addition to the carbon emissions concerns, the noise level of the HVAC systems required to keep these systems cool, can be detrimental to neighboring properties. The applicant has discussed the electric service with the Building Inspections Division. An 800-to-1000-amp service has been requested. C/Net reported that one bitcoin (a type of cryptocurrency) takes 1,544 kWh to complete. This is equivalent f of approximately 53 days of power for the average US household. The goal for the applicant is to have 150 Asic Pro A19 computers at completion. There are few if any jobs created in association with this type of business. A business license will be required, and the city would receive tax on any equipment in addition to the sale of electricity. Edward "Teddy" Dyer, 357 Penguin Lane, property owner, appeared before the Commission and stated that he also owns the three properties beside 1401 Southside Drive; he stated the crypto mining business would not impact anything as it would all be inside the warehouse and doesn't change anything; the tenant to be has requested that the City of Salem provide additional electrical service to the building; there is no outside impact to the structure or any changes that will need to be done to the structure; the tenant to be informed him that there will be approximately 16 server racks that will be mining; there will be one person on site to manage the facility; the tenant to be has also already spoken to the City about adding three-phase power to the back of the building to meet the energy needs; the tenant has committed to a three-year lease with up to a five-year extension; the tenant to be also owns other businesses in the City of Salem; he requested that the Commission approve the request. Member Garst questioned if 3-phase, 480 is being requested and how much total power would be for the service. Mr. Dyer stated that they are requesting 3-phase, 480; and the tenant expects the electric bill to be somewhere between $16,000 and $20,000 a month. He stated that the tenant to be currently has the business set up somewhere else and that is what they are currently paying a month. The location where the tenant is currently located does not have as much space; their process has been proven for them. He performed a credit check on the individuals and everything has been good on his part as a land owner. Member Conner questioned if the HVAC system would have to be upgraded for the business. Mr. Dyer stated that it would need to be--adding two 5-ton units has been discussed and they would be ground-mounted units so there wouldn't be any changes to the building. The proposed units wouldn't have any more noise than a couple of big commercial units. He further stated that the tenant hasn't determined if they will use chilled water or air to cool the facility as it depends on the type of servers available. There are exhaust fans already in the building to circulate air, which could keep the servers at the correct temperature--it's trial and error to determine what is the best way to keep the servers at the correct temperature. R Member Garst noted that the Commission's biggest concern is the noise associated with cooling the facility. Based on research, that has been the biggest complaint regarding this type of business--noise from the HVAC units. Mr. Dyer stated that the building is already an conditioned space. It is 5,000 square feet--2,000 square feet is office space and will remain office space and the servers will be boxed in an approximate 12'x25' area so the entire structure will not be cooled, just that box. The units the tenant has proposed to place are equivalent to two residential units. The Commission questioned why no one representing the business was present as they have questions. Mr. Dyer stated that he does not know the answer to that as he was doing his part as the property owner. He further stated that noise-wise he doesn't feel there will be any more noise than anywhere else. If he were to place two A/C units on the structure himself it would be permitted. The closest residential property is the farm which is 500 yards away. He stated that there would not be anymore noise than a typical A/C unit running in an industrial area. Member Garst noted that it's 1,000 amp, 480-volt. Mr. Dyer stated that it is correct. The business is power related--the business can do only have so many servers based on power capacity. Southside Drive gives them the opportunity because there are only so many places in the Roanoke Valley that have that type of power that's accessible. There is already 3-phase power to the building, but it's small 3-phase so they have been in contact with the Electric Department to make this happen. The infrastructure is already there for the power upgrade. Member Conner questioned if the tenant intends to scale the business. Mr. Dyer stated that if they scale the business, they would have to move as he doesn't feel that anything more than what they propose will fit the building. He feels the proposed business will have the least impact on Southside Drive and if you talk to the other businesses on Southside Drive it will be better than JES was as JES took up the whole street and parked wherever illegally--blocked driveways, etc. Member Conner asked how Mr. Dyer's other properties were configured around the proposed business. Mr. Dyer stated that his other properties surround the proposed business--Blue Ridge Contracting is right beside it, ICEE building is the back corner lot to the back of the lot, his office is in between that and the gas station, and then he is also two , down. Deli-Matic is there as well and he has spoken with them and they are fine with the business (they are located two-doors down). Sheldon Henderson owns the building three-doors down and he is ok with the business. Then Bill Jones' car lot and his new warehouse so there is a good buffer around the proposed business. He has also spoken with Trimble across the street and they are okay with the business as well. There is also a machine shop across the street as well. Member Garst again noted the concern regarding noise associated with the business. Mr. Dyer stated that the business is in an industrial area and is a good two-tenths of a mile from any residential property and he could go in and install two 5-ton A/C units on the building without any special permission as it currently stands. It was noted that no comments have been received by the Zoning Division regarding the request. Vice Chair King stated that it concerns her that no one from the business is present at the meeting. A discussion was held regarding the electrical upgrade needed for the business, issues with getting supplies/equipment needed for upgrade, etc. Mr. Van Allman noted that a permit to install two 5-ton units on the property would be issued without question. Mr. Dyer further stated that they have done their due-diligence and the Electric Department has agreed that there is enough power to serve the facility and won't blackout any neighborhood or anyone beside it. The Electric Department has been out two different times as he is going to also need three-phase for a trucking company going in down the street from the facility. Mr. Dyer stated that he is building a 255,000 square-foot server farm for Microsoft in Leesburg, Virginia, and when you talk about noise, that facility is going to generate noise because they are setting 15 pads. The building is 750-feet long and they are placing a 40-ton unit every 20 feet down the side of the building. There are nine going in Boykins, Virginia, and six going in Leesburg. Those facilities cause blackouts. The proposed facility is equivalent to using a laptop compared to the Microsoft facilities, which are placed beside a transformer. Dominion Power is putting in three different sub-stations to hit that and a server farm. The machine shops on Southside Drive can pull just as much energy as the proposed facility. Member Garst questioned if Mr. Dyer knew where the current facility is located. Mr. Dyer stated that he does not know. t Member Beamer stated that he draws comfort from Mr. Dyer's knowledge, his vested interest, and the fact that his business is located next to the proposed facility. A further discussion was held regarding noise, electrical needs, industrial areas, location, etc. No other person(s) appeared related to the request. Member Conner proposed a motion to approve the request. Member Garst proposed an amendment to the motion that the switch-gear is limited to the proposed 1,000-amp, 480-volt. Member Conner did not feel that the limit on the switch-gear is necessary. Member Beamer seconded the motion. Vice Chair seconded the amended motion. Another discussion was held regarding noise, electricity, etc. Member Garst withdrew his amended motion. Mr. Dyer further explained how the proposed business could not be expanded on the property. A discussion was held regarding placing conditions on the request. A vote was held to approve the request as presented: Member Conner - aye, Member Beamer - aye, Member Garst - nay, Vice Chair King - nay, Chair Daulton - nay. Motion denied. Vice Chair King motioned that the request be approved with the following conditions: the City of Salem Electric Department approve the use of electricity, and the tenant comply with the noise ordinance. Denise King motioned Consider 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).. Reid Garst seconded the motion. Ayes: Beamer, Conner, Daulton, Garst, King 5.Adjournment Meeting adjourned at 7:54 p.m. Neil Conner motioned adjournment. Jackson Beamer seconded the motion. y City Council meeting, January 10, 2021, 6:30 p.m. Community Room, Salem Civic Center, 1001 Roanoke Boulevard hl Item # 5A Date: 1-12-2022 AT A REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SALEM, VIRGINIA held in Council Chambers of City Hall, 114 North Broad Street, Salem, VA 24153 AGENDA ITEM: 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 TBD Transitional Business District. SUBMITTED BY: 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. 11 12 13 14 15 16 17 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 18 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 19 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 20 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 21 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 22 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 23 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. 24 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. 25 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)) 26 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 EXISTING ZONING FUTURE LAND USE S t r a w b e r r y A l l e y East Calhoun Stre e t M c C a u l e y D r i v e East Burwell Stree t R i c h f i e l d A v e n u e Route311 T h o m p s o n M e m o rial D riv e S o u t h C o l l e g e A v e n u e N o r t h C o l l e g e A v e n u e Street Calhoun S o u t h C o l l e g e A v e n u e T o b y A l l e y Salem B a n k & T r u s t a n d B r e w e r , P B 1 0 , P G 5 7 College & M a i n I n v e s t m e n t s , L L C , P B 1 0 , P G 4 3 R o a n o k e C o l l e g e , P B 1 1 , P G 5 7 M a y , P B 8 , P G 5 0 Bower Plat, DB 274 , P G 6 8 6 Whitescarver, Jr., PB 7 , P G 5 3 T A C a r t e r , J r . , P B 6 , P G 5 S.I. C o . , P B 1 , P G 2 2 1 / 2 ( R C ) D i s h aw R o t a n z J o i n t R e al E state,P B 1 3,PG46 Burwell Point, PB 1 5 , P G 4 8 Burwell Point, PB 1 5 , P G 7 2 9B 1 C A B 321 4 5 6 7 8 2 1211 10 9 8 7 6 5 9A 69 1 1 9 2 A1 A2 A3 A4 A5 A6 A7A-COMMON AREA 66 72.5 72.5 3 0 3 0 6 0 4 0 4 0 40 60 4 5 16.5 16.5 12Roanoke College Cityof Salem College Lutheran Church College College Lutheran Lutheran Church Church "49" Res. 401 4-81 R e l o c a t i o n o f A ll e y - M i n u t e B o o k 2 , P g . 2 1 6 Roanoke CountyCourthouse City ofSalem City ofSalem P / O 1 0 7 - 7 - 3 Roanoke CntySheriff's Office 1 6 . 5 ' A l l e y V a c a t e d I n s t r u m e n t # 1 1 - 1 5 5 6 7 8 1 10 5 6 8 12 13 1 3 4 5 3 2 1 4 5 6 7 34 1 1 1 1 1 2 2 3 3 3 4.1 20 1 2 3 2 1 3 4 7 4 5 4 1.2 2 5 2 3 1 5 4 2 2.42.32.22.1 2.5 2.6 2.74 0 . 3 1 13.82 41.34 23.56 115.72 67.00 45.40 29.49 71.05 86.00 46.50103.20 66.00 85.00 75.00 92.50 73.30 90.07 66.00 59.50 72.50 1 0 0 . 0 0 46.50 103.20 34.50 116.00 132.00 134.30 134.50 1 6 6 . 0 0 7 8 . 8 0 7 8 . 8 0 1 0 67.00 67.00 7 5 . 2 0 7 0 . 0 0 3 0 . 0 0 1 0 4 . 9 0 45.50 1 8 2 . 4 7 1 8 2 . 0 0 49.00 64.30 66.00 60.00 27.54 1 0 1 3 4 . 9 7 38.54 109.20 6 2 . 8 4 2 6 9 . 3 6 2 5 9 . 2 9 2 7 0 . 0 0 1 3 4 . 0 0 1 3 4 . 0 0 2 0 7 . 7 9 1 3 4 . 0 0 2 7 0 . 0 0 8 6 . 5 4 8 6 . 5 3 1 6 6 . 0 0 2 5 9 . 3 9 34.50 30.01 11.66 10.50 1 0 2 6 4 . 0 0 2 6 6 . 0 0 1 1 2 . 2 0 2 6 6 . 0 0 2 6 6 . 0 0 2 6 6 . 0 0 63.00 82.00 72.00 92.50 82.17 89.90 61.50 40.32 61.50 72.20 57.00 63.00 7 5 . 0 0 72.20 9 5 . 0 4 9 4 . 7 7 1 3 5 . 0 8 8 8 . 0 0 73.00 9 0 . 0 0 7 9 . 0 0 5 0 . 0 0 6 0 . 0 071.42 159.97 1 3 4 . 0 0 1 2 4 . 0 0 5 0 . 0 0 7 4 . 0 0 148.00139.25 61.30 66.00 80.00 50.83 104.43 259.00 80.00 1 1 5 . 7 0 67.65 139.25 61.30 66.00 116.00 62.35 2 1 0 . 0 0 2 1 0 . 0 0 2 1 0 . 3 7 2 1 0 . 3 7 1 1 5 . 7 0 2 1 0 . 0 0 2 1 0 . 3 7 9 0 . 0 0 7 9 . 0 0 63.00 130. 4 6 1 4 2 . 4 6 8 3 . 0 0 5 2 . 3 1 5 5 . 0 0 5 0 . 0 0 5 0 . 0 0 4 0 . 6 0 2 2 7 . 0 0 5 0 . 7 1 132.00 135.00135.20 162.58 135.00 134.90 134.90 5 5 . 0 0 5 0 . 0 0 5 0 . 0 0 9 1 . 2 2 107 . 3 0 7 5 . 5 5 45.63 7 0 . 0 0 68.3 0 28.10 50.0 0 50.0 0 100. 0 0 6 2 . 5 7 180. 7 4 1 3 7 . 4 5 2 0 9 . 0 5 11.68 42.87 63.29 6.5 10.5 53.54 6 3 . 5 2 29.5 0 120.48 46.96 5 0 . 0 0 261.29 37.2117. 1 8 30.70 24.0 2 8 . 1 0 1 1 6 . 1 4 9.34 211.18 7 8 . 9 2 9 7 . 6 7 75.44 1 6 9 . 0 0 264.00 264.00 49.43 26.5034.5026.5049.00 1 0 8 . 7 3 1 6 9 . 0 0 9 8 . 4 1 9 8 . 5 9 8 8 . 0 2 9 7 . 4 6 1 0 8 . 8 5 1 0 8 . 9 9 1 0 9 . 2 4 26.73 34.50 26.50 22.00 26.73 49.43 234.00 76.16 83.00 97.50 22.00 26.50 49.00 1 0 . 0 0 14 1 2 8 9 7 14 7 6 3 0 8 312 2 0 1 2 1 5 2 3 1 1 0 3 2 1 0 316312 306300302304 1 6 1 0 - 1 4 305 400 406 408 418 500-508-510 516 321 325 331 2 2 8 - 2 3 0 - 2 3 2 2 1 0 407 528 2 3 518-520-522-524 526 (House Meter) 530 5 - 7 - 9 - 1 1 - 1 3 - 1 5 - 1 7 2 1 104 1 0 3 413 2 0 5 - 2 0 7 2 0 9 - 2 1 1 6 407 305 301 2 1 1 2 2 1 396-400 315- 3 1 7 1 4 1 8 400 3 0 3 -3 0 5 E .B U R W E L L S T. 2 0 1 314 203 515511503507 519 523 527 501 0.159 Ac. 0.157 Ac. 0.673 Ac. 1.67 Ac. 2.04 Ac. 0.418 Ac. 0.212 Ac. 0.323 Ac. 0.510 Ac. 0.449 Ac.0.565 Ac. 0.111 Ac. 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 28 29 MBLU Location Owner Name Co-Owner Name Address 1 Address 2 City, State, Zip120-1-5 407 E BURWELL ST SCOTT A BOGGS 407 E BURWELL ST SALEM VA 24153120-1-4 413 E BURWELL ST SCOTT A BOGGS 407 E BURWELL ST SALEM VA 24153120-1-3 100 RICHFIELD AVE BLK SCOTT A BOGGS 407 E BURWELL ST SALEM VA 24153120-1-2 103 RICHFIELD AVE EAGLE AMERICAN LLC P O BOX 907 SALEM VA 24153120-1-1 400 E CALHOUN ST DISHAW-ROTANZ JOINT REAL ESTATE PARTNERSHIP 313 N BROAD ST SALEM VA 24153121-14-1 303 E BURWELL ST POLLARD PROPERTIES LLC 812 SCOTT CIRCLE SALEM VA 24153107-6-5 407 E CALHOUN ST CITY OF SALEM P O BOX 869 SALEM VA 24153107-6-1 400 E MAIN ST ROANOKE COUNTY BOARD OF SUPERVISORS P O BOX 29800 ROANOKE VA 24018-0798120-8-4 200 RICHFIELD AVE BLK T A CARTER JR 1010 PINES CIR APT 402 ROANOKE VA 24018-1138120-8-4.1 396 E BURWELL ST HARIOM LLC 5432 SNOW OWL DR ROANOKE VA 24018120-8-3 300 E BURWELL ST BLK COLLEGE LUTHERAN CHURCH TRUSTEES 210 S COLLEGE AVE SALEM VA 24153107-6-3 408 E MAIN ST EMILY R FRISBIE TRUST P O BOX 988 ROANOKE VA 24015 30 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. 31 Item # 5B Date: 1-12-2022 AT A REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SALEM, VIRGINIA held in Council Chambers of City Hall, 114 North Broad Street, Salem, VA 24153 AGENDA ITEM: 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. SUBMITTED BY: 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 acres 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 both 4th 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. 32 33 34 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 EXISTING ZONING FUTURE LAND USE C h a p m a n S t r e e t Broome Street West 4th Street U n i o n S t r e e t U n i o n S t r e e t Simmons Alley C i t y o f S a l e m , P B 9 , P G 9 8 Worrell, PB 12, PG 90 Rebel, LLC, PB 7, P G 1 0 C i t y o f S a l e m , P B 1 1 , P G S 6 0 , 6 1 Hagerman Catron, P B 1 5 , P G 5 4 H a g e r m a n C a t r o n , P B 1 5 , P G 5 4 C h a m p a n & B r o a d L L C , P B 1 6 , P G 0 3 13 A-4 A-3 A-1A-5 120 118 63A2 116 A-2 252627 28 29 30 31 19 18 15 18 A B 11-A 16 17 19 124 53 119 58 59 117117A A 16 17141312 60 20 21 22 15 11 10 9 8 7 6 5 4 2 1 3 61 57 56 122 123 54 55 121 60-A61-A 2 5 1 6 1 6 7 0 8 0 7 0 40 80 50 50 2 5 40 50 Norf o l k & W e s t e r n R a i l r o a d Norf o l k S o u t h e r n R a i l r o a d 40' Eas e m e n t DB 21 2 , P G . 5 4 5 Faith A s s e m b l y o f G o d C h u r c h Norfolk Southern Railroad City of Salem 12 4 5 6 7 7.3 7.4 7.6 7.1 7.2 5 5 5 2 1 1 2 3 4 2 6 8 2 7.5 1 1 3 3 7 . 4 0 4 4 . 0 0 9 3 . 0 0 3 7 . 0 0 1 3 2 . 0 0 6 6 . 0 0 4 9 . 5 0 4 9 . 5 0 4 9 . 5 0 4 9 . 5 0 1 5 0 . 0 0 4 2 1 . 2 8 8 6 . 0 0 177.00 183.45 8 6 . 0 0 90.75 155.00 110.00 8 8 . 2 0 118. 0 0 362.00 180. 0 0 187. 7 0 102.75 60.68 50.26 3 8 . 0 0 6 6 . 0 0 203.60 87.00 2 9 1 . 2 1 1 0 2 . 0 0 1 0 2 . 0 0 87.00 5 8 . 0 0 160.00 160.00 160.00 160.00 4 9 . 5 0 4 9 . 5 0 4 9 . 5 0 1 9 8 . 0 0 160.00 203.60 363.60 7 4 6 . 0 0 1 3 2 . 0 0 4 2 . 0 0 1 3 7 . 0 0 3 7 . 0 0 181.70 181.00 362.00 181.80 92.48 95.61 177.00 181.80 1 3 2 . 0 0 4 2 . 0 0 1 5 0 . 0 0 165.30 164.95 1 4 2 . 0 0 164.65 1 4 2 . 0 0 2 8 . 0 3 9 8 . 6 7 5 2 . 0 0 1 0 2 . 0 0 445.00 379.95 81.00 1 6 6 . 7 7 13 2 . 6 7 9.17 29.34212.51 4 9 . 5 0 1 3 2 . 0 0 86.09 9 3 . 0 5 181.70 2 10 1 1 11 6 5 2 5 41 6 2 5 751-753- 7 5 5 - 7 5 7 - 7 5 9 - 7 6 1 - 7 6 3 - 7 6 5 - 7 6 7 - 7 7 3 - 7 7 7 - 7 8 1 - 7 8 3 - 7 8 5 - 7 8 7 - 7 9 3 - 7 9 5 - 7 9 9 8 0 7 6 1 0 - 6 1 2 - 6 1 4 - 6 1 6 - 6 1 8 6 2 9 6 0 9 6 1 3 24 11-9-7-5-3-1 6 24 101 644 40 6 3 9 6 4 9 6 5 9 12-14 6 2 0 6 2 6 - 6 3 6 6 3 2 6 3 8 6 2 5 6 3 0 7 0 9 - 7 1 1 8 0 8 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 5 36 37 38 39 MBLU Location Owner Name Co-Owner Name Address 1 Address 2 City, State, Zip160-11-2 630 UNION ST CITY OF SALEM P O BOX 869 SALEM VA 24153161-6-1 40 W 4TH ST REBELL LLC P O BOX 385 SALEM VA 24153160-10-1 24 W 4TH ST ROBERT C BAILEY 1737 OLD FINCASTLE RD FINCASTLE VA 24090160-10-2 610 CHAPMAN ST MORRIS A ELAM-LIMITED PARTNERSHIP 450 S BROAD ST SALEM VA 24153160-10-7 620 CHAPMAN ST NOVOZYMES BIOLOGICALS P O BOX 576 FRANKLINTON NC 27525160-10-7.1 626 CHAPMAN ST CHAPMAN & BROAD LLC 3650 VERONA TRL ROANOKE VA 24018160-10-7.2 632 CHAPMAN ST CHAPMAN & BROAD LLC 3650 VERONA TRL ROANOKE VA 24018160-10-8 644 BROOME ST H & M PROPERTIES 912 DOUGLAS CT SALEM VA 24153184-1-6 RAILROAD PROPERTY NORFOLK C/O NS CORP TAXATION DEPT THREE COMMERCIAL PLACE BOX 209 NORFOLK VA 23510161-7-5 625 UNION ST HESTER COAL & OIL CORP 625 UNION ST SALEM VA 24153183-7-1 800 BLK UNION ST NORFOLK & WESTERN RAILWAY CO C/O NS CORP TAXATION DEPT 650 WEST PEACHTREE ST NW ATLANTA GA 30308184-1-1 10 BLK BROOME ST H & M PROPERTIES 912 DOUGLAS CT SALEM VA 24153 40 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: ________________ 42 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: ________________ 43 Item # 5C Date: 1-12-2022 AT A REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SALEM, VIRGINIA held in Council Chambers of City Hall, 114 North Broad Street, Salem, VA 24153 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). 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 another 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. Copies 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 44 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. 45 46 47 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 48 49 50 51 52 53 54 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. 55 56 57 58 59 MBLU Location Owner Name Co-Owner Name Address 1 Address 2 City, State, Zip210-1-2 2936 W MAIN ST 217 NY AVE CORP 125 SOUTHDOWN RD HUNTINGTON NY 11743210-1-1 2938 W MAIN ST DAVID WILLIAM HATCHETT TONYA GAYLE HATCHETT 2910 CARVINS COVE RD SALEM VA 24153210-1-3 115 BAYNE RD BELL REAL ESTATE LLC 1336 DUKE DR VINTON VA 24179210-2-1 2920 W MAIN ST FCHB INC 5411 WILLIAMSON RD ROANOKE VA 24012-1437210-2-3 120 BAYNE RD BAYNE ROAD PROPERTIES LLC P O BOX 5436 KNOXVILLE TN 37928173-1-8 2931 W MAIN ST TRS FORT LEWIS CHRISTIAN CHURCH C/O ROGER LACEY 2931 W MAIN ST SALEM VA 24153173-1-7 2913 W MAIN ST NORTHWEST HARDWARE COMPANY INC 2303 WILLIAMSON RD NE ROANOKE VA 24012 60 Item # 5D Date: 1-12-2022 AT A REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SALEM, VIRGINIA held in Council Chambers of City Hall, 114 North Broad Street, Salem, VA 24153 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. 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 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. 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. 61 Page 1 of 9 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 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 62 Page 2 of 9 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 shall be provided. Floor area shall be calculated on the basis of parking required for the use(s). 63 Page 3 of 9 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. 64 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 65 Page 5 of 9 development. Tax parcel numbers for each of these properties shall also be provided. 6. The nature of the land use(s) proposed for the site. 7. The zoning district designation of the parcel(s) proposed for development, and the zoning designation and current land use of adjacent parcels. 8. The names, and locations of existing and proposed public or private streets, alleys and easements on or adjacent to the site. The center lines or boundary of adjacent rights-of-way shall also be shown. 9. The location, type, and size of site access points such as driveways, curb openings, and crossovers. Sight distances at these access points shall be provided. If existing median cuts will serve the site, they shall be shown. If new median cuts are proposed, their location shall also be shown. 10. All proffers accepted pursuant to section 106-522 shall be shown on the plan. 11. Off-street parking areas and parking spaces including handicapped spaces, loading spaces, and walkways indicating type of surfacing, size, angle of stalls, width of aisles, and a specific schedule showing the number of spaces provided and the number required by this chapter. 12. The exact location of buildings or structures existing on or proposed for the site, including their setbacks from property lines, and the distance between buildings or structures. 13. The number of stories, floor area, and building height of each building proposed. If more than one land use is proposed, the floor area of each land use shall be provided. Floor area shall be calculated on the basis of parking required for the use(s). 14. For residential developments, the type of dwelling unit shall be stated along with the number of units proposed. Where necessary for determining the number of required parking spaces, the number of bedrooms in each unit shall also be provided. 15. The location of proposed or required fire lanes and signs. 16. The existing topography of the parcel prior to grading, and the proposed finished contours of the site with a maximum of two-foot contour intervals. 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. 66 Page 6 of 9 19. A detailed storm water management plan and calculations shall be submitted. The City Engineer shall determine the requirements for such plans. 20. The location of existing and proposed freestanding signs on the parcel. 21. The location and type of proposed exterior site lighting, including height of poles and type of fixtures. 22. The location of any 100-year flood plain and floodway on the site, and the relationship of buildings and structures to this floodplain and floodway. 23. The location of required or proposed buffer yards, screening, fencing, and site landscaping and irrigation. The type and size of the plant materials and screening to be used shall be provided. In addition, the relationship of these materials to physical site improvements and easements shall be provided. 24. Elevation drawings of, at minimum, the view from the public rights-of-way. Additional views may be required. (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. 67 Page 7 of 9 (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 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. 68 Page 8 of 9 (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 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. 69 Page 9 of 9 (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)) 70 Item # 5E Date: 1-12-2022 AT A REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SALEM, VIRGINIA held in Council Chambers of City Hall, 114 North Broad Street, Salem, VA 24153 AGENDA ITEM: Amendment to the City Code – Chapter 106 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. 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. 71 Page 1 of 18 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, sidewalks 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 pollution, 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. 72 Page 2 of 18 (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 mandatory 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 73 Page 3 of 18 recorded within one year 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)) 74 Page 4 of 18 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 jurisdiction 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 provisions 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 nothing 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. 75 Page 5 of 18 (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 requests 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. 76 Page 6 of 18 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 property 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 creation of one or more additional building lots, nor the vacation of any street, alley, access easement, or other public feature. CBR: California Bearing Ratio. Chapter: The "Subdivision Ordinance of Salem Virginia. Circuit Court: The Salem Virginia Circuit Court. Commission: The planning commission of Salem, Virginia. Dedication: The transfer of private property to public ownership and use as a requirement of plat and/or plan approval. Final subdivision plat: The map of a subdivision submitted to the 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. 77 Page 7 of 18 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)) 78 Page 8 of 18 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 any proposed minor or major subdivision, in order to determine whether the sketch generally meets the requirements of the zoning and subdivision ordinances, and to identify any concerns or issues raised by the proposed subdivision. The 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: 79 Page 9 of 18 (1) Be drawn on white paper or on a print of a topographic map of the property. (2) Be at a scale of not less than 200 feet to the inch. (3) Include the name, location, dimensions of all streets entering the property, adjacent to the property or terminating at the boundary of the property to be subdivided. (4) Show the approximate location of natural features, such as watercourses and slopes with approximate gradients. (5) Show the approximate location and dimensions of all proposed streets, lots, parks, playgrounds and other proposed uses of the land to be subdivided. (6) Include the approximate dimensions of the property to be subdivided. (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. 80 Page 10 of 18 (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 81 Page 11 of 18 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 void. (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 extension 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 82 Page 12 of 18 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. 83 Page 13 of 18 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 84 Page 14 of 18 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 or sections which have received approval. Nothing in this provision however, shall be interpreted to authorize the construction of any structure on any proposed lot other than such structures which are appurtenant to utility installations. (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. 85 Page 15 of 18 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, with metes and bounds. k. Intended use of any common area, open space, or public dedicated area. l. Boundaries of proposed and existing easements, with bearings and distances where necessary to establish location. m. Curve data table including curve number, arc length, tangent length and bearing, and radius. n. Major watercourses. o. Floodplain boundaries. p. Identification of graves, objects or structures marking a place of burial. q. All conditional zoning proffers, special exception conditions, or Board of Zoning Appeals actions applicable to the site. (4) Statements and certifications: a. Owner's consent and dedication statement (notarized). b. Surveyors source of title statement (signed and dated by a Virginia Licensed Surveyor). c. Owner's conforming statement (notarized). 86 Page 16 of 18 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 instrument 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 easement 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. 87 Page 17 of 18 (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 and 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)) 88 Page 18 of 18 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. 89 1 | Page BYLAWS OF THE CITY OF SALEM PLANNING COMMISSION Mission Statement/Objective: To promote the orderly development of the City of Salem by providing technical assistance and direction to the Council of the City of Salem and its citizens to accomplish the objectives of the Code of Virginia and the Ordinances of the City of Salem in reference to subdivision and zoning matters as established by §15.2- 2200 of the Code of Virginia and The City of Salem Subdivision and Zoning Ordinances, in force on the date hereof, and as may from time to time be lawfully amended. ARTICLE 1: MEMBERSHIP A. The Planning Commission of the City of Salem, hereafter known as the Commission, will consist of five members, appointed by the City of Salem City Council, hereafter known as City Council, all of whom shall be residents of the City of Salem, and qualified by knowledge and experience to make responsible decisions on questions of growth and development. B. Terms of the Commission shall be four years as set out in Section 15.1-437 of the Code of Virginia, 1950, as amended. C. Any vacancy in membership shall be filled by appointment of the City Council and shall be for the unexpired portion of the term. D. Any member of the Commission shall be eligible for re-appointment. E. Any member of the Commission may be removed from office by the City Council for neglect of duty and malfeasance in office. F. The City Council may provide for compensation to Commission members for their services, reimbursement for actual expenses incurred, or both. ARTICLE 2: OFFICERS A. A Chairman and Vice-Chairman shall be elected by the Commission annually from the voting members and shall be members of the Commission. Their terms shall be for (1) one year. B. The Commission shall, at its first meeting in January of each year, elect one of its members as chairman, who shall preside at such meeting and all other meetings during which elected, if present. At the same meeting in January, a vice-chairman who shall, if so elected, preside at meetings in the absence of the chairman and may discharge any other duty of the chairman during his absence or disability. Nominations shall be made from the floor, with the election immediately thereafter. A nominee receiving three or more votes shall be declared elected. 90 2 | Page C. An Executive Secretary shall serve at the request of the Commission and shall be the City Manager of the City of Salem. A Deputy Executive Secretary shall also serve and shall be the Assistant City Manager. Alternate secretary or secretaries may be appointed by the Commission as deemed necessary. Their terms shall be for (1) one year. D. Agents shall serve at the request of the Commission and shall be the City Manager and the Director of Community Development. E. All officers may succeed themselves. F. Should the Chairman and Vice-chairman be absent at any meeting, the Commission shall elect a temporary Chairman to serve at the meeting. ARTICLE 3: DUTIES OF OFFICERS AND COMMISSION MEMBERS A. The chairman shall: 1. Preside at all meetings. 2. Appoint all committees deemed advisable with the aid of the Commission. 3. Rule on all procedural questions (subject to a reversal by vote of two-thirds of the members present.) 4. Certify the Commission’s review of documents, minutes, plans, maps, etc. brought before the Commission for official action or recommendation. 5. Have authority to call special meetings as he/she deems necessary. 6. Carry out other duties as assigned by the Commission. B. The Vice-Chairman shall act in the absence, resignation or inability of the Chairman with full powers of the Chairman. If the position of Chairman shall become vacant, the Vice-Chairman will assume his/her duties. A Vice-chairman shall then be elected by a majority vote at the next regular meeting following the Vice-chairman’s last regular meeting. C. The secretary shall: 1. Record attendance at all Commission meetings. 2. Record the minutes at all Commission meetings. 3. Certify all minutes as true and correct copies after approval by the Commission. 4. Notify all members of all meetings. 5. Maintain a file of all official Commission records and reports 6. Certify all maps, records, recommendations and reports of the Commission. 7. Give notice and be responsible for publishing public hearings and public meetings. 8. Serve as Subdivision Agent for the Commission. 91 3 | Page 9. If the office of Secretary should become vacant, the Deputy shall become secretary. D. The duties of the Commission shall be established by law, or as lawfully delegated by the City Council. ARTICLE 4: MEETINGS A. Regular Meetings of the Commission shall take place on the Wednesday following the first regularly scheduled City Council meeting of the month at 7:00 PM in Council Chambers in the City Hall building located at 114 North Broad Street, provided that upon a decision of the Commission, an adjourned meeting/or the regularly scheduled location is unavailable, may be held at any other place in the city and shall be the duty of the secretary to give timely notice thereof to all members and notify the news media. If there are no items on the agenda, the meeting may be canceled at the request of the secretary/chairman. B. Work Session Meetings will take place on the day of the regularly scheduled Planning Commission Meeting in an official meeting room as designated by the Commission. C. Special Meetings of the Commission may be called at any time by the Chairman or by two members upon written request to the secretary. The secretary shall mail to all members, at least five days in advance of a special meeting, a written notice fixing the time and place of the meeting and the purpose thereof. Written notice of a special meeting is not required if the time of the special meeting has been fixed at a regular meeting, or if all members are present at the special meeting, or file a written waiver of notice. 1. The business to be discussed shall be stated in the call for such meeting. 2. No other business shall be discussed or acted upon. 3. Given notice is not required if the time of the special meeting has been fixed at a regular meeting. 4. If special meeting is at regular meeting, then any business may be transacted that would have been at the regular meeting. D. Quorum of the Commission shall constitute a majority of the membership and no action of the Commission shall be valid unless authorized by a majority of those present. E. The secretary shall prepare and make available to each member of the Commission a detailed agenda by Friday on the week preceding the regular meeting of the Commission. The Commission may depart from the agenda with the consent of the Chairman or by a majority vote of the members present. 92 4 | Page 1. Proposals as to zoning or subdivision requests shall be submitted in writing with an illustrative map, and the petitioner shall state if it, he or she is the owner of the property in question or its, his or her authorized agent. Any person may appear before the Commission in person or through an agent. F. All meetings shall be open to the public provided, however, that closed executive sessions or closed regular or special meetings may be held in accordance with State law. The usual order of business at regular meetings shall be as follows: 1. roll call; 2. correction and/or approval of the meetings of the previous meeting; 3. unfinished business; 4. new business; and 5. reports of the committees. 6. The chairman may modify the usual order of business to promote the efficient management of the meeting and for the convenience of the citizens or interested parties that may attend. 7. Any advertised public hearing shall be considered a special order of business at the time set for such hearing and shall supplant any matter on the agenda except the approval of the minutes. 8. Any matter not disposed of at a meeting shall be included on the agenda of the next regular meeting unless another future meeting date has been selected by the Commission. G. The Commission may, from time to time, adopt rules and regulations for filing, scheduling, and preparing petitions and requests for hearing before the Commission. ARTICLE 5: PARLIMENTARY PROCEDURE A. The deliberations of the Commission, unless otherwise provided by statute or these bylaws, shall be guided by Robert’s Rules of Order. 1. Any member of the Commission may introduce a motion. 2. Appeal may be taken by any member from a ruling of the chair. 3. A majority vote of those members present shall determine any appeal. 4. Any motion to close debate shall require approval by a majority vote of the members present. ARTICLE 6: ACTION ON COMPREHESIVE PLAN A. The adoption of the comprehensive plan or of any part, amendment, extension or addition shall be by the resolution of the Commission, carried by the affirmative votes of not less than a majority of the entire membership of the Commission. B. The resolution shall refer expressly to maps and other descriptive matter intended by the Commission to form the whole or part of the plan and the action as taken 93 5 | Page shall be recorded on the map and plan and descriptive matters by the identifying signature of the Chairman and Agent of the Commission. An attested copy of the plan or plan thereof as adopted and approved shall be certified to the City Council and all administrative agencies affected by the plan. C. Before the adoption of the plan or any such part, amendment, extension, or addition, the Commission shall hold at least one public hearing thereon, after notice has been given with State law. ARTICLE 7: CONFORMITY WITH EXISTING CODE The Commission will act within the provisions of the Ordinances of the City of Salem; Title 15.1, Chapter 11, of the Code of Virginia, 1950 as amended, and other State and Federal laws and regulations as applicable. ARTICLE 8: AMENDMENTS These rules may be amended, within the limits allowed by law, at any time by an affirmative vote of not less than two-thirds of the members of the Commission, provided that such amendment is presented in writing at a special or regular meeting preceding the meeting at which the vote is taken. 94