HomeMy WebLinkAbout11/15/2023 - Planning Commission - Agenda -RegularPlanning Commission Meeting
AGENDA
Wednesday, November 15, 2023, 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 November agenda
1. 800-802 Maryland
2. Sign code changes
3. Zoning ordinance changes
B.Introduction of items on the December agenda
1. 68 St. John Road Rezoning HBD to HM
2. 2105-2121 Apperson Drive BCD to HBD
3.Adjournment
REGULAR SESSION
1.Call to Order
A.Pledge of Allegiance
2.Consent Agenda
A.Minutes
Consider acceptance of the minutes from the October 11, 2023, work session and regular
meeting.
3.New Business
A.Special Exception Permit
Hold public hearing to consider the request of GKM Properties, LLC, property owner, for the
issuance of a Special Exception Permit to allow a two family dwelling on the property located
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at 800-802 Maryland Avenue (Tax Map # 147 – 2 - 1).
B.Amendment to the City Code - Chapter 66 Signs
Hold public hearing to consider amending Chapter 66, Article I, In General, Section 66-7,
Nonconforming signs and 66-9, Removal of signs no longer advertising existing bona fide
business, of the CODE OF THE CITY OF SALEM, VIRGINIA pertaining to signs.
C.Amendment to the City Code - Chapter 106 Zoning
Hold public hearing to consider amending Chapter 106, Zoning, Article II District
Regulations, Sections 106-208.2, 106-214.2, 106-216.2, and 106-218.2, pertaining to
permitted uses; Section 106-216.3 pertaining to site development regulations; Article III
Use & Design Standards, section 106-304.21 pertaining to short term rentals; section 106-
316.3 pertaining to accessory uses, residential; Article IV Development Standards, section
106-404 pertaining to parking requirements; section 106-406 miscellaneous provisions
pertaining to storage containers; and Article VI Definitions and use types, section 106-600
pertaining to definitions of the CODE OF THE CITY OF SALEM, VIRGINIA.
4.Adjournment
City Council meeting, November 27, 2023, 6:30 p.m.
Council Chambers, City Hall, 114 North Broad Street
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Planning Commission Meeting
MINUTES
Wednesday, October 11, 2023, 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, Salem, Virginia, at
6:00 p.m. on September 13, 2023; there being the members of said Commission, to wit:
Vicki G. Daulton, Chair; Reid Garst, Neil L. Conner (absent), and Jackson Beamer; together
with Mary Ellen Wines, Planning & Zoning Administrator; Charles E. Van Allman, Jr.,
Director of Community Development; and Jim H. Guynn, Jr., City Attorney; and the
following business was transacted: Chair Daulton called the meeting to order at 6:04 p.m.
and reported that this date, place and time had been set for the Commission to hold a work
session.
2. New Business
Recognition of retiring City Manager Jay Taliaferro was added to the regular
meeting agenda.
A. Discussion of items on the October agenda
1. 1862 Murrell Avenue (Tax Map # 128-1-4)
2. 1000 blk Ohio Avenue (Tax Map # 197-1-15)
A discussion was held regarding the item on the October agenda.
B. Introduction of items on the November agenda
1. Code changes, sign ordinance
2. Code changes, zoning ordinance
3. 800-802 Maryland Avenue
Items for the November agenda were introduced, and a discussion was held.
3. Adjournment
Chair Daulton inquired if there were any other items for discussion and hearing none,
adjourned the work session at 6:45 p.m.
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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 September 13, 2023. Notice of such hearing was
published in the September 28 and October 5, 2023, 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 James E. Taliaferro,
II, City Manager; Jim H. Guynn, Jr., City Attorney; Mary Ellen Wines, Planning &
Zoning Administrator; and Charles E. Van Allman, Jr., Director of Community
Development, and the following business was transacted:
Absent: King
2. Pledge of Allegiance
A. Pledge of Allegiance
3. Consent Agenda
Chair Daulton recognized retiring City Manager Jay Taliaferro, thanked him for his years
of service, and wished him well.
Absent: King
A. Minutes
Consider acceptance of the minutes from the September 13, 2023, work session and
regular meeting and the September 29, 2023, joint work session with City Council.
Neil Conner motioned acceptance of the minutes from the September 13, 2023, work
session and regular meeting minutes, as well as the September 29, 2023, joint work session
with City Council. Jackson Beamer seconded the motion.
Ayes: Beamer, Conner, Daulton, Garst
Absent: King
4. New Business
A. Special Exception Permit
Hold public hearing to consider the request of Bruce Maxey, property owner, for the
issuance of a Special Exception permit to allow a 1,200 square foot detached garage on
the property located at 1862 Murrell Avenue (Tax Map # 128-1-4).
Staff noted the following:
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The subject property (1862 Murrell Avenue, Tax Map # 128-1-4) consists of a 2.03acre
tract of land that sits within the RSF Residential Single Family zoning district. The
applicant has submitted a rough sketch with the intention to construct an accessory
structure on his property; however, because the proposed plans indicate a square footage
of greater than 1,000 (1,500 square feet), a Special Exception Permit is required.
If approved, the preliminary plan indicate that the structure will be constructed behind the
rear building line of the home on the property, largely (if not entirely) shielded from the
public view. The applicant intends to use the detached garage for storage of equipment and
vehicles. The existing accessory structure on the property would be removed after the
construction of the planned pole barn garage. The structure will be required to adhere to the
site development regulations prescribed in Section 106-202.3. (B) 2. Accessory Structures
of the City of Salem Zoning Ordinance.
The Future Land Use Map (FLUM) identifies this area as residential, still consistent with
the proposed utilization of the property should the Special Exception Permit be granted.
Bruce Maxey, property, 1862 Murrell Avenue, appeared before the Commission and stated
that he would like to build a garage a little bit bigger than is allowed by right. He stated that
the garage would be used for his hobbies (motorcycles) and lawn equipment storage. The
garage would be built in the rear of the property and would be lower in elevation than the
primary structure.
Member Conner questioned the timeframe necessary to remove the old building once
the new building is constructed.
Mr. Maxey mentioned that it is his desire to remove the old building as soon as possible
and requested six months from the time the new building is constructed to remove the old
structure.
Chair Daulton asked if Mr. Maxey plans on "coming around" his house to enter the new
garage.
Mr. Maxey noted the location of the driveway and structure.
Member Garst asked if staff had received any correspondence regarding the matter.
Mary Ellen Wines, Zoning Administrator, stated that no correspondence was
received.
Member Beamer inquired about height requirements.
Ms. Wines noted that accessory structures cannot be taller than the principal
structure measured from the average adjacent grade.
No other person(s) appeared related to the request.
Neil Conner motioned approve the request of Bruce Maxey, property owner, for the
issuance of a Special Exception permit to allow a 1,200 square foot detached garage on the
property located at 1862 Murrell Avenue (Tax Map # 128-1-4) with the condition that the
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old structure to be removed within 180 days of the final building inspection approval.
Jackson Beamer seconded the motion.
Ayes: Beamer, Conner, Daulton, Garst
Absent: King
B. Amendment to the Zoning Ordinance
Hold public hearing to consider the request of Crystal Lowery, property owner, for
rezoning the property located at 1000 Blk Ohio Ave (Tax Map # 197-1-15) from HM
Heavy Manufacturing District to RSF Residential Single-Family District.
Staff noted the following:
The subject property (1000 blk Ohio Ave, Tax Map # 197-1-15) consists of a 0.172-acre
tract of land that sits within the HM Heavy Manufacturing zoning district. The applicant is
requesting a rezoning of the property to the RSF Residential Single Family zoning district
in order to construct a single family detached dwelling.
This item was presented to the Board of Zoning Appeals (BZA) on Wednesday,
September 27, 2023, in an effort to obtain a variance regarding the lot size, lot width,
and road frontage requirements of the RSF Residential Single-Family District. The
Board of Zoning Appeals unanimously approved the request.
If approved, this rezoning request would permit the applicant to build the proposed 1,248
square foot single family home. Primary access to this unit would likely be from the rear
alley, mimicking that of the adjacent home (1021 Ohio Avenue). Any residential
development on this property (aside from requirements lifted by variance) will be
required to adhere to the development standards prescribed in Section 106-202.3. Site
development regulations of the City of Salem Zoning Ordinance.
The Future Land Use Map (FLUM) identifies this area as residential, still consistent with
the proposed utilization of the property should the Special Exception Permit be granted.
Don Haddon of Balzer and Associates, appeared before the Commission on behalf of the
property owner, and stated that the request for rezoning is to build a 1,250 square foot
detached single-family home with access to the lot from the rear alley. He stated that
driveway access from the rear would be expanded to allow for emergency vehicles to turn
around. He also noted that the property had recently received a variance to meet RSF
requirements.
Member Garst noted that the new "turnaround" is not shown on the provided plans.
Mr. Haddon stated that the new design will be reflected on the building plans if the
request is approved.
A discussion was held regarding the alley--where it stops, parking, etc. It was noted that
the turnaround improvements will be located on the property, not in the alley itself.
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Mr. Joe Foley, 302 Academy Street, appeared before the Commission and stated that he is
not speaking in opposition to the item, but he has concerns regarding allowing primary
access from alleys. His concern revolves around emergency services and other city
services (trash removal, etc.) He would like the city to plan ahead and understand the
potential consequences.
Member Conner stated that he has managed properties with rear access, and he does not
believe it will be an issue.
No other person(s) appeared related to the request.
Reid Garst motioned approve the request of Crystal Lowery, property owner, for
rezoning the property located at 1000 Blk Ohio Ave (Tax Map # 197-1-15) from HM
Heavy Manufacturing District to RSF Residential Single-Family District. Neil Conner
seconded the motion.
Ayes: Beamer, Conner, Daulton, Garst
Absent: King
5. Adjournment
On motion by Member Beamer, seconded by Member Conner, the meeting was
adjourned at 7:38 pm.
City Council meeting, October 23, 2023, 6:30 p.m.
Council Chambers, City Hall, 114 North Broad Street
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AT A REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SALEM,
VIRGINIA held in the 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 GKM Properties, LLC,
property owner, for the issuance of a Special Exception Permit to
allow a two family dwelling on the property located at 800-802
Maryland Avenue (Tax Map # 147 – 2 - 1).
SUBMITTED BY: Mary Ellen Wines, CZA CFM, Planning & Zoning Administrator
SUMMARY OF INFORMATION:
SITE CHARACTERISTICS:
Zoning: RSF Residential Single Family
Land Use Plan Designation: Residential
Existing Use: Vacant
Proposed Use: Two Family Dwelling
The subject property (800-802 Maryland Avenue, Tax Map # 147-2-1) consists of a 0.226-acre tract
which possesses the RSF Residential Single Family designation. 800-802 Maryland Avenue was
originally built as an up/down duplex (two family dwelling) in 1966; however, in 2013 a building
permit was issued to demo the lower unit due to a sewer back up. The unit sat vacant, and the
property sold in 2015. The owner at that time discussed putting the lower unit back; however, it was
never completed. The property then sold in 2023 and the current owner wishes to reestablish the
lower unit. The zoning ordinance requires that two family dwellings receive a Special Exception
Permit in order to be constructed in the RSF Residential Single Family District.
On October 26, 2023, the Board of Zoning Appeals approved a variance for the minimum lot
frontage and width in order for the lot to meet the minimum requirements of the RSF Residential
Single Family District. As a result, the property now satisfies those standards.
The Future Land Use Map (FLUM) identifies this area as residential, consistent with the proposed
utilization of the property should the Special Exception Permit be granted.
REQUIREMENTS:
The proposal meets the requirements of Section 106-202.3. Site development regulations for RSF.
OPTIONS:
1. Recommend approval of the request.
2. Recommend approval of the request with conditions.
3. Recommend denial of the request.
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Board of Zoning Appeals
MINUTES Thursday, October 25, 2023, 4:00 PM
Council Chambers, City Hall, 114 North Broad Street
1. Call to Order
A regular meeting of the Board of Zoning Appeals 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 4:00
p.m., on October 12, and 19, 2023, issue of the “Salem Times
Register”, a newspaper published and having general circulation in the
City. All adjacent property owners were notified via the U.S. Postal
Service.
Chairman DuBois called the hearing to order at 4:00 p.m.
Chairman DuBois asked for the roll call.
Mr. Belanger sat in place of Mr. Sellars at this hearing
Ms. Wines stated, and the appropriate party responded: Mr. Belanger
here, Mr. Eanes here, Mr. Gresham here, Captain Copenhaver here,
Chairman DuBois here.
Chairman DuBois requested that everyone please stand for the Pledge
of Allegiance.
2. Old business
Chairman DuBois asked if there was any old business.
Ms. Wines stated the Board did not have any old business items. She
stated that there were two (2) prior sets of minutes to be addressed.
Chairman DuBois asked if everyone on the Board had a chance to
look over the previous minutes and if they did, did anyone have any
objections? If not he would entertain a motion for both sets of
minutes.
Mr. Gresham motioned to approve the minutes.
Captain Copenhaver seconded the motion.
Chairman DuBois requested a roll call vote.
Ms. Wines stated, and the appropriate party responded: Mr. Belanger
Aye, Mr. Eanes Aye, Mr. Gresham Aye, Captain Copenhaver Aye,
Chairman DuBois Aye.
Chairman DuBois asked Ms. Wines to read the disclaimer.
Ms. Wines stated that should anyone disagree with the board’s
decision today you have the right to appeal to the Circuit Court of the
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City of Salem. You exercise your right to appeal no later than 30 days
following the board’s decision by filing a petition to the Circuit Court
specifying the grounds of which you are aggrieved.
Chairman DuBois requested Ms. Wines to read the first item of new
business.
3. New business
Ms. Wines stated that this date and time has been set to hold a public
hearing to consider the request of GKM Properties, LLC, property
owner, for a variance from Section 106-202.3(A) of the City of Salem
Zoning Ordinance pertaining to site development regulations, for the
property located at 800-802 Maryland Avenue, Tax Map # 147-2-1.
The petitioner is requesting a variance of twenty-five (25) feet of
frontage and twenty-five (25) feet of lot width. Proper legal notice
has been given and all property owners have been notified.
Chairman DuBois inquired if there was any correspondence or phones
calls.
Ms. Wines stated no.
Chairman DuBois opened the public hearing stating that anyone who
wished to speak should give their name, address, and relationship to
the request.
Don Haddon of Balzer and Associates, representative of GKM
properties, spoke and stated that the variance is for 25 feet of road
frontage and lot width. Mr. Haddon explained the process by which
the property underwent a sewage backup in 2013. Until then the
property was a duplex. As result of sewage backup the lower unit was
demoed and subsequent vacancy. The property was purchased in
2015. The owner at that time discussed putting the lower level back;
however it was never completed. The property then sold in 2023 and
the current owner wishes to reestablish the lower unit rendering a
Special Exception Permit necessary. Which will be discussed at
another date and time.
Mr. Copenhaver asked if any exterior work will be completed.
Mr. Haddon noted that a retaining wall may be added on to one of the
driveways adding to the visual aesthetic of the property.
Chairman DuBois asked if both units will use the existing driveway.
Mr. Haddon noted that there are two separate driveways, and each
unit will utilize its own driveway. The driveway in the back will
accommodate two vehicles side by side. The driveway in the front can
accommodate two vehicles one in front of the other.
Chairman DuBois asked if there was anyone else that would like to
speak.
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Mark Jones, a neighboring resident, spoke in concern regarding the
potential behavior of tenants that may occupy a two family dwelling.
Ms. Wines clarified that this hearing is merely a recommendation
regarding lot frontage and lot width, not necessarily the use of the
property. She told Mr. Jones there would be another public hearing at
a later date for him and his neighbors to express their concerns.
Chairman DuBois asked if there was anyone else to speak on the
matter and hearing none, closed the public hearing.
Mr. Gresham motioned for approval.
Mr. Belanger seconded the motion.
Chairman DuBois requested a roll call vote.
Ms. Wines stated, and the appropriate party responded: Mr. Belanger
Aye, Mr. Eanes Aye, Mr. Gresham Aye, Captain Copenhaver Aye,
Chairman DuBois Aye.
Chairman DuBois stated the variance requested for by the petitioner
has hereby granted in accordance with the application presented at this
meeting.
Chairman DuBois inquired if there was anyone to speak on the matter
and hearing none closed the public hearing at 4:10 p.m.
The secretary of the Board of Zoning Appeals is here by instructed to
certify a copy of this order to the Clerk of City Council and the
Building Official of the City of Salem. This hearing is complete.
Chairman DuBois adjourned the meeting.
ATTEST:
Mr. Winston J. DuBois
Chairman
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MBLU Location Owner Name Co-Owner Name Address 1 Address 2 City, State, Zip
147-2-1 800 MARYLAND AVE GKM PROPERTIES LLC C/O KALIE MATTHEWS 5364 PEREGRINE CREST CIR ROANOKE VA 24018
147-2-2 808 MARYLAND AVE MARK TRAVIS JONES VICKY A PUGH 808 MARYLAND AVE SALEM VA 24153
147-2-3 812 MARYLAND AVE CYNTHIA MARIE TOURVILLE 812 MARYLAND AVE SALEM VA 24153
147-2-15 805 ILLINOIS AVE MARVIN A CLINE RAMA L CLINE 5466 W RIVER RD SALEM VA 24153
147-2-16 801 ILLINOIS AVE ILLINOIS LLC 5466 W RIVER RD SALEM VA 24153
147-1-5 743 ILLINOIS AVE JOHNNY L GINN JERRI L GINN P O BOX 356 SALEM VA 24153
147-1-6 733 ILLINOIS AVE OLAF BARTHELMAI JOY BARTHELMAI 645 APPERSON DR SALEM VA 24153
147-1-4 750 MARYLAND AVE SONIA A GERALD 750 MARYLAND AVE SALEM VA 24153
147-1-3 744 MARYLAND AVE BRIAN CURTIS HAYMAN LANGLEY A HAYMAN 744 MARYLAND AVE SALEM VA 24153
119-4-6 745 MARYLAND AVE PATRICIA A RIDGEWAY 745 MARYLAND AVE SALEM VA 24153
119-4-5 749 MARYLAND AVE AMELIA H GERNER 749 MARYLAND AVE SALEM VA 24153
119-3-21 803 MARYLAND AVE RICHARD J COOK NANCY B COOK 803 MARYLAND AVE SALEM VA 24153
119-3-21.1 809 MARYLAND AVE ANDREW MAGEROS HELENA MAY MAGEROS 809 MARYLAND AVE SALEM VA 24153
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AT A REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SALEM,
VIRGINIA held in the Council Chambers of City Hall, 114 North Broad Street Salem, VA 24153
AGENDA ITEM: Chapter 66 Code Changes
Hold public hearing to consider amending Chapter 66, Article I, In
General, Section 66-7, Nonconforming signs and 66-9, Removal of
signs no longer advertising existing bona fide business, of the
CODE OF THE CITY OF SALEM, VIRGINIA pertaining to signs.
SUBMITTED BY: Max Dillon, Planner
SUMMARY OF INFORMATION:
Throughout the process of working with various property and business owners, it has come to
staff’s attention that nonconforming signs are prevalent throughout Salem, and the cost of
removing those signs is often exorbitant. As a result, the following code change would allow
property/business owners a period of 12 months to either utilize or remove a nonconforming
sign, during which time no other signs will be permitted for that business.
The proposed change in Section 66-9 would require signs which no longer advertise a bona fide
business to be replaced with a blank white face, as opposed to be replaced with a black
face/covered. This adjustment is designed to promote uniformity and enhance the aesthetics
of outdated signs.
Section 66-7
B(9): Discontinued use. If any nonconforming sign or any use to which such a sign applies is
discontinued for a period exceeding two years, it shall then be made to conform with the
requirements of this chapter or removed. In addition, a nonconforming sign structure shall
be removed by the owner or lessee of the property. The city manager or his designee shall
give the owner twelve (12) months to utilize the sign, make it conform with the requirements
of this chapter or remove the sign and all parts of the sign structure. During this time no other
sign permits will be issued for the parcel on which the nonconforming sign is located.
Section 66-9
Whenever any sign no longer advertises an existing bona fide business, service or product
manufactured on a premise, and such business, service or product has not been located or
been available on the premises for 60 days or more, such sign face shall be replaced with a
blank white sign face. professionally covered, or the sign face painted blank.
OPTIONS:
1. Recommend approval of the request.
2. Recommend denial of the request.
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Chapter 66 SIGNS
Sec. 66-7. Nonconforming signs.
A. Signs legally in existence at the time of the adoption of this chapter, which
do not conform to the requirements of this chapter, shall be considered
nonconforming signs.
1. Electronic sign settings not meeting the regulations herein shall not be
considered nonconforming since the settings may be easily altered.
2. The burden of establishing nonconforming status of signs and of the
physical characteristics/location of such signs shall be that of the owner
of the property. Upon notice from the city manager, or his designee, a
property owner shall submit verification that sign(s) were lawfully existing
at time of construction. Failure to provide such verification shall be
cause for order to remove sign(s) or bring sign(s) into compliance with
the current ordinance.
3. To determine the legal status of existing signs in each of the cases listed
in section 66-7(B), the applicant shall submit the following information to
the city manager or his designee:
a. Type(s) of existing sign(s) located on the property.
b. The area and height of all signs.
c. For freestanding signs, the distance between the curbline or shoulder
and the nearest portion of the sign. A certified plat may be required.
d. Type of sign illumination.
e. The electronic capabilities of the sign.
f. The material of which the sign is constructed.
g. The building frontage.
h. The control method for glare and brightness.
B. All permanent signs and sign structures shall be brought into conformance
with the sign regulations when and if the following occurs:
1. The sign is removed, relocated, or significantly altered. Significant
alterations include changes in the height, size or dimension of the sign.
Changes to the sign copy or the replacement of a sign face on a
nonconforming sign shall not be considered a significant alteration.
Moving a window sign to another location within or to another window
shall be considered a relocated sign.
2. If less than 50 percent of the sign area is destroyed or damaged, it may
be restored within two years after such destruction or damage but shall
not be enlarged in any manner.
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3. If more than 50 percent of the sign area is destroyed or damaged, it
shall not be reconstructed but may be replaced with a sign that is in full
accordance with the provisions of this chapter.
4. An alteration in the structure of a sign support.
5. A change in the mechanical facilities or type of illumination.
6. A change in the material of the sign face.
7. The property on which the nonconforming sign is located submits a
subdivision or land development application or site plan requiring city
review and approval.
8. The property on which the nonconforming sign is located submits an
application for an amendment to the zoning ordinance requiring the
review and approval of city council.
9. Discontinued use. If any nonconforming sign or any use to which such a
sign applies is discontinued for a period exceeding two years, it shall
then be made to conform with the requirements of this chapter or
removed. In addition, a nonconforming sign structure shall be removed
by the owner or lessee of the property. The city manager or his
designee shall give the owner twelve (12) months to utilize the sign,
make it conform with the requirements of this chapter or remove the
sign and all parts of the sign structure. During this time no other sign
permits will be issued for the parcel on which the nonconforming sign is
located. If the owner or lessee fails to remove the sign structure, the city
manager, or his designee, shall give the owner 15 days' written notice to
remove it. Upon failure to comply with this notice, the city manager, or
his designee, may enter the property upon which the sign is located
and remove any such sign or may initiate such action as may be
necessary to gain compliance with this provision. The cost of such
removal shall be chargeable to the property owner and may be
collected as taxes and levies.
10. Nothing in this section shall be deemed to prevent keeping in good
repair a nonconforming sign. Nonconforming signs shall not be
extended or structurally reconstructured or altered in any manner,
except a sign face may be changed so long as the new face is equal
to or reduced in height and/or sign area. The material of the sign face
shall not be changed.
C. Prior to the events listed in section 66-7(B), nonconforming signs may be
repainted or repaired up to 50 percent of the replacement cost of the sign,
the sign copy may be changed, and sign faces may be replaced provided
that these actions do not increase the dimensions of the existing sign, and
do not in any way increase the extent of the sign's nonconformity.
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D. Nonconforming signs shall be exempt from the provisions of section 66-7, if
the nonconforming sign possesses documented historic value, and has met
the requirements and has been approved in accordance with section 66-
13.
E. All electronic signs must be programmed so as to conform to the regulations
of this chapter.
Sec. 66-9. Removal of sign no longer advertising existing bona fide business.
Whenever any sign no longer advertises an existing bona fide business,
service or product manufactured on a premise, and such business, service or
product has not been located or been available on the premises for 60 days or
more, such sign face shall be replaced with a blank white sign face.
professionally covered, or the sign face painted blank.
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AT A REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SALEM,
VIRGINIA held in the Council Chambers of City Hall, 114 North Broad Street Salem, VA 24153
AGENDA ITEM: Chapter 106 Code Changes
Hold public hearing to consider amending Chapter 106, Zoning,
Article II District Regulations, Sections 106-208.2, 106-214.2,
106-216.2, and 106-218.2, pertaining to permitted uses; Section
106-216.3 pertaining to site development regulations; Article III
Use & Design Standards, section 106-304.21 pertaining to short
term rentals; section 106-316.3 pertaining to accessory uses,
residential; Article IV Development Standards, section 106-404
pertaining to parking requirements; section 106-406
miscellaneous provisions pertaining to storage containers; and
Article VI Definitions and use types, section 106-600 pertaining to
definitions of the CODE OF THE CITY OF SALEM, VIRGINIA.
SUBMITTED BY: Max Dillon, Planner
SUMMARY OF INFORMATION:
As staff has worked through the enforcement of the current zoning ordinance, it has become
apparent that a few use types (administrative services, restaurant, retail sales) are either
missing, or not appropriate in certain zoning districts. The changes in bold below reflect those
adjustments. Additionally, the establishment of previously absent site development regulations
for BCD Business Commerce District have been introduced.
Staff would also like to introduce Short-Term Rental as a use type, correspondingly identifying
its parameters, while not currently allowing it in any zoning district. This is designed to prevent
the City of Salem from potentially being forced to adopt state-mandated short-term rental
regulations.
Adjustments to the ordinance to promote uniformity with the yard sale policy have been
included.
Off-street parking requirements have been modified in an effort to reduce the minimum
requirements for several use types. The objective of these changes is to maximize usable space,
while also removing unnecessary impervious surfaces that introduce negative environmental
benefits.
Changes to the regulation of storage containers have been proposed to improve the character
of major commercial corridors (i.e. Main Street, Wildwood Road, 4th Street, etc.) by not allowing
them to be viewed from the public way. Residential storage containers which facilitate
relocation and renovation will still be permitted temporarily through the Community
Development Office.
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Finally, staff has proposed additional language which will require the front door of any
residential structure to face the street to which it is addressed. This change will remove
ambiguity in the current code which potentially allows for the manipulation of front, side, and
rear yards for lots which possess more than one street frontage.
OPTIONS:
1. Recommend approval of the request.
2. Recommend denial of the request.
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Chapter 106 Zoning
Sec. 106-208.2. Permitted uses.
(A) The following uses are permitted by right in the RB Residential Business
District, subject to all other applicable requirements contained in this
chapter. An asterisk (*) indicates that the use is subject to additional,
modified or more stringent standards as listed in article III, use and design
standards.
1. Agricultural Use Types
(None)
2. Residential Use Types
Accessory Apartment *
Home Occupation *
Manufactured Home, Emergency *
Residential Human Care Facility
Single Family Dwelling, Detached *
Townhouse *
3. Civic Use Types
Administrative Services
Cultural Services
Public Parks and Recreation Areas
Religious Assembly
4. Office Use Types
General Offices
5. Commercial Use Types
Homestay Inn *
Studio, Fine Arts
6. Industrial Use Types
(None)
7. Miscellaneous Use Types
Amateur Radio Tower *
Utility Services—Minor
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(B) The following uses are permitted by special exception in the RB Residential
District, subject to all other applicable requirements contained in this
chapter. An asterisk (*) indicates that the use is subject to additional,
modified or more stringent standards as listed in article III, use and design
standards.
1. Agricultural Use Types
(None)
2. Residential Use Types
Family Day Care Home *
Multi-Family Dwelling *
Single Family Dwelling, Attached
Two Family Dwelling
3. Civic Use Types
Administrative Services
Educational Facilities—Primary/Secondary
4. Office Use Types
Financial Institutions
Medical Offices/Clinics
5. Commercial Use Types
Antique Shops
Day Care Center *
Personal Services
Retail Sales
6. Industrial Use Types
(None)
7. Miscellaneous Use Types
(None)
Sec. 106-214.2. Permitted uses.
(A) The following uses are permitted by right in the HBD Highway Business
District, subject to all other applicable requirements contained in this
chapter. An asterisk (*) indicates that the use is subject to additional,
modified or more stringent standards as listed in article III, use and design
standards.
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1. Agricultural Use Types
(None)
2. Residential Use Types
Home Occupation*
Manufactured Home, Emergency *
3. Civic Use Types
Administrative Services
Assisted Care Residence
Clubs
Cultural Services
Guidance Services
Life Care Facility
Nursing Home
Park and Ride Facility
Post Office
Public Assembly
Public Maintenance and Service Facilities
Public Parks and Recreation Areas
Religious Assembly
Safety Services
4. Office Use Types
Financial Institutions
General Offices
Laboratories
Medical Offices/Clinics
5. Commercial Use Types
Agricultural Services
Antique Shops
Assembly Hall
Athletic Instruction Services
Automobile Dealership, New *
Automobile Parts/Supply, Retail
Automobile Rental/Leasing
Automobile Repair Services, Minor
Business or Trade School
Business Support Services
Car Wash
Commercial Indoor Amusement
Commercial Indoor Entertainment
Commercial Indoor Sports and Recreation
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Commercial Outdoor Entertainment
Commercial Outdoor Sports and Recreation
Communication Services
Construction Sales and Services
Consumer Repair Services
Convenience Store
Day Care Center *
Equipment Sales and Rental
Funeral Services
Garden Center
Gasoline Station
Golf Course
Homestay Inn *
Hotel/Motel/Motor Lodge
Kennel, Commercial
Laundry
Personal Improvement Services
Personal Services
Recreational Vehicle Sales and Service *
Restaurant
Retail Sales
Studio, Fine Arts
Veterinary Hospital/Clinic
6. Industrial Use Types
Custom Manufacturing
Recycling Centers and Stations
Transportation Terminal
7. Miscellaneous Use Types
Outdoor Gathering *
Utility Service, Minor
(B) The following uses are permitted by special exception in the HBD Highway
Business District, subject to all other applicable requirements contained in
this chapter. An asterisk (*) indicates that the use is subject to additional,
modified or more stringent standards as listed in article III, use and design
standards.
1. Agricultural Use Types
(None)
2. Residential Use Types
(None)
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3. Civic Use Types
Administrative Services
Cemetery *
Correction Facilities
Crises Center
Educational Facilities, Primary/Secondary
Halfway House
4. Office Use Types
Outpatient Mental Health and Substance Abuse Clinic *
Short-Term Lender
5. Commercial Use Types
Adult Business *
Automobile Dealership, Used *
Automobile Repair Services, Major *
Dance Hall
Flea Market
Hospital
Manufactured Home Sales *
Massage Parlor
Pawn Shop
Personal Storage *
Truck Stop
6. Industrial Use Types
(None)
7. Miscellaneous Use Types
Aviation Facility
Parking Facility, Surface/Structure
Tower *
Utility Service, Major
Sec. 106-216.2. Permitted uses.
(A) The following uses are permitted by right in the BCD Business Commerce District, subject to
all other applicable requirements contained in this chapter. An asterisk (*) indicates that the
use is subject to additional, modified or more stringent standards as listed in article III, use
and design standards.
1. Agricultural Use Types
(None)
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2. Residential Use Types
Manufactured Home, Emergency *
3. Civic Use Types
Cultural Services
Guidance Services
Post Office
Public Parks and Recreation Areas
Safety Services
4. Office Use Types
Financial Institutions
General Offices
Laboratories
Medical Offices/Clinics
5. Commercial Use Types
Business or Trade School
Communication Services
Day Care Center *
Hotel/Motel/Motor Lodge
Restaurant
Retail Sales
6. Industrial Use Types
Custom Manufacturing
Industry Type I
7. Miscellaneous Use Types
Utility Services Minor
Sec. 106-216.3. Site development regulations.
Business Commerce District (BCD) site development regulations and requirements
pertaining to minimum lot sizes, minimum lot frontages, minimum open space requirements,
minimum setbacks, maximum lot coverage and maximum building heights shall be established
by the council during the amendment to the ordinance process after review and
recommendation of the planning commission. Should the property already be zoned BCD,
Business Commerce District, and the development standards have not been established then the
site development regulations from HBD, Highway Business District shall apply.
Sec. 106-218.2. Permitted uses.
(A) The following uses are permitted by right in the LM Light Manufacturing
District, subject to all other applicable requirements contained in this
chapter. An asterisk (*) indicates that the use is subject to additional,
modified or more stringent standards as listed in article III, use and design
standards.
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1. Agricultural Use Types
(None)
2. Residential Use Types
Manufactured Home, Emergency *
3. Civic Use Types
Administrative Services
Public Maintenance and Service Facilities
Public Parks and Recreation Areas
Safety Services
4. Office Use Types
Financial Institutions
General Office
Laboratories
5. Commercial Use Types
Agricultural Services
Automotive Repair Services, Major *
Business Support Services
Day Care Center *
Equipment Sales and Rental
Laundry
Manufactured Home Sales *
Truck Stop
6. Industrial Use Types
Custom Manufacturing
Construction Yard
Industry Type I
Recycling Centers
Transfer Station
Transportation Terminal
Truck Terminal
Warehousing and Distribution
7. Miscellaneous Use Types
Parking Facility, Surface/Structure
Utility Services, Minor
(B) The following uses are permitted by special exception in the LM Light
Manufacturing District, subject to all other applicable requirements
contained in this chapter. An asterisk (*) indicates that the use is subject to
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additional, modified or more stringent standards as listed in article III, use
and design standards.
1. Agricultural Use Types
(None)
2. Residential Use Types
(None)
3. Civic Use Types
Administrative Services
4. Office Use Types
(None)
5. Commercial Use Types
Athletic Instruction Services
Automobile Rental/Leasing
Microbrewery *
Personal Storage *
6. Industrial Use Types
Asphalt Plant *
Brewery *
Distillery *
Industry Type II
Landfill, Construction Debris
Landfill, Rubble
Landfill, Sanitary
Meat Packing and Related Industries
Railroad Facilities
Resource Extraction
Scrap and Salvage Services
7. Miscellaneous Use Types
Tower *
Utility Services, Major
Sec. 106-304.21. – Short-Term Rental.
A. Safety:
1. Any property to be utilized for short-term rental shall have a life
safety inspection performed by the Division of Building Inspections
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prior to occupancy.
2. Minimum guest room size of seventy (70) square feet per guest.
3. Only owner-occupied dwellings may be utilized as a short-term
rental.
B. Registry
1. Any property to be utilized for short-term rental shall obtain a
zoning permit.
2. Prior to offering any property for short-term rental, each operator
shall register in accordance with Chapter 22, Businesses, of the city
code.
C. Rental period:
1. Minimum stay of twenty-four (24) hours
2. Maximum stay of seven (7) days
D. Parking:
1. Must provide onsite parking
2. No parking of recreational vehicles, buses, trailers, or the like, in
association with a short-term rental
E. Signage: none allowed
Sec. 106-316.3. - Accessory uses: residential use types.
(A) Residential use types may include the following accessory uses,
activities or structures on the same site or lot:
1. Private garages and parking for the principal use.
2. Recreational activities and uses used by residents, including
structures necessary for such uses.
3. Playhouses, gazebos, incidental household storage buildings,
swimming pools, and other similar accessory structures.
4. Garage or yard sales provided that such sales occur no more than
seven days in a two-month period. in conjunction with a yard sale
permit in accordance with Section 22-83 of the city code. (2 sales
in a calendar year, each sale for 3 consecutive days maximum)
5. Other uses and activities necessarily and customarily associated
with purpose and function of residential use types, as determined
by the administrator.
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Sec. 106-404. Off-street parking requirements.
(A) These provisions for off-street parking are intended to address the off-
street parking demands created by various land uses within the City of
Salem. The standards established in this section are designed to protect
the health safety and welfare of the Salem community by
accommodating parked vehicles in a safe and functional manner with
consideration given to the stormwater quality and quantity impacts of
impervious parking areas.
Sec. 106-404.1. Applicability.
(A) These provisions shall apply equally for all use types listed in this section,
except for those use types located within the DBD Downtown Business
District and the TBD Transitional Business District. No minimum parking shall
be required for any use type within DBD and TBD. However, if parking is
provided for any use type in the DBD and the TBD, it shall be constructed
to the standards contained herein as well as applicable standards
contained in section 106-402, buffer yards, screening and landscaping,
except that parking areas designated for private use of residents may
utilize compact size parking stalls.
Sec. 106-404.9. Access.
(A) All off-street parking spaces shall provide safe and convenient access to a
street.
(B) Aisles between rows of parking, and aisles providing access to parking lots
shall comply with the design standards established by the building official
set forth in section 106-404.13.
Sec. 106-404.11. Construction standards.
(A) All off-street parking areas shall be constructed of a hard surface consisting
of bituminous concrete or concrete. Gravel parking areas shall not be
permitted, unless the administrator determines that the use is of a temporary
nature. Between the right-of-way and the rear building line, single-family
and two-family dwellings must utilize bituminous concrete, concrete or chip
seal type of hard surface. Once past the rear building line, single-family and
two-family homes may utilize gravel. For corner lots between the right-of-
way and the side building line, single-family and two-family dwellings must
utilize bituminous concrete, concrete or chip seal type of hard surface.
Once past the side building line, gravel may be used. For double frontage
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lots between the right-of way and the rear building setback line, single-
family and two-family dwellings must utilize bituminous concrete, concrete
or chip seal type of hard surface. Once past the rear building setback line,
single-family and two-family homes may utilize gravel.
(B) For sites or structures listed on the National Register of Historic Places, parking
areas may be constructed using period correct materials as permitted by
the administrator. Such development shall require a site plan.
(C) The city engineer may require paving surfaces and/or construction
techniques which minimize surface stormwater runoff in areas where it is
deemed necessary. The developer may select precast interlocking blocks,
porous-type asphalt paving, detention basins or other methods as approved
by the city engineer.
(D) In no case shall there be allowed excessive dust or debris to be transferred
onto the roadway system or onto neighboring properties. Violators shall be
guilty of a misdemeanor and subject to section 106-516, penalties.
(E) Commercial Use Types.
USE TYPE PARKING REQUIRED
Agricultural Services Schedule A
Antique Shops 1 space per 400 square feet
Assembly Hall 1 space per 5 seats
Athletic Instruction
Services
Schedule B (minimum 1 space per 300 square feet)
Automobile Dealership,
New
Schedule A
Automobile Dealership,
Used
Schedule A
Automobile Repair
Services, Major
2 spaces per repair bay plus 1 space per employee
on shift
Automobile Repair
Services, Minor
3 spaces per repair bay plus 1 space per employee
on shift
Automobile
Rental/Leasing
Schedule A
Automobile/Parts
Supply, Retail
Schedule A
Business Support Services 1 space per 200 square feet
Business or Trade Schools Schedule B
Campground 1 space per camp site
Car Wash 1 space per employee on shift plus stacking spaces
Commercial Indoor
Amusement
1 space per 3 persons based on maximum
occupancy
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Commercial Indoor
Entertainment
1 space per 4 seats plus on space per employee
on shift
Commercial Indoor
Sports and Recreation
1 space per 3 persons based on maximum
occupancy plus 1 space per employee on shift
Commercial Outdoor
Entertainment
1 space per 3 persons based on maximum
occupancy plus 1 space per employee on shift
Commercial Outdoor
Sports and Recreation
Miniature Golf 1.5 space per hole
Swimming Pool Schedule B
Tennis/Court Games 2 spaces per court
Other Outdoor Sports Schedule B
Communications
Services
1 space per 300 square feet plus 1 space per
company vehicle based on site
Construction Sales and
Services
Schedule A
Consumer Repair
Services
1 space per 300 square feet
Convenience Store 5 spaces plus 1 space per 200 square feet plus one
space per gas dispenser
Dance Hall 1 space per 3 persons based upon maximum
occupancy
Day Care Center 1 space per employee on shift plus one space per
three persons receiving care
Equipment Sales and
Rental
Schedule A
Flea Market 1 space per 100 square feet of sales area
accessible to the public
Funeral Services 1 space per 2 employees on shift plus one space
per 5 seats in main chapel
Garden Center Schedule A
Gasoline Station 1 space per employee plus required stacking
spaces
Golf Course 36 spaces per 9 holes
Homestay Inn 1 space per sleeping room available for guests
Hospital 1 space per employee on shift plus one space per
2 beds
Hotel/Motel/Motor
Lodge
1 space per guest room plus one space per
employee, plus spaces as may be required for
other uses on site
Kennel, Commercial Schedule B
Laundry 1 space per 300 square feet
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Manufactured Home
Sales
Schedule B
Microbrewery Schedule B
Microdistillery Schedule B
Personal Storage 2 spaces for any live-in manager unit plus 2 spaces
per 100 storage units
Pawn Shop 1 space per 300 square feet
Personal Improvement
Services
1 space per 300 square feet
Personal Services 1 space per 300 square feet
Recreational Vehicle
Sales and Service
Schedule A
Restaurant 1 space per four seats plus 1 space per employee
on shift, plus required stacking spaces
Retail Sales
Shopping Center 1 space per 250 square feet
Other Retail Schedule A
Studio, Fine Arts Schedule B
Truck Stop Schedule B
Veterinary
Hospital/Clinic
1 space per 300 square feet
SCHEDULE A
The following table contains minimum parking requirements for uses with
elements having different functions or operating characteristics. The
administrator shall consider and decide the minimum parking required for uses
containing a mixture of these elements.
Element Parking Required for Element
Office or Administrative
Activity
3.5 spaces per 1,000 square feet
Indoor Sales, Display or
Service Area
1 space per 500 square feet
Motor Vehicle Service
Bays
2 spaces per service bays
Outdoor Sales, Display or
Service Area
1 space per 2,000 square feet
General Equipment
Servicing or
Manufacturing
1 space per 1,000 square feet
Indoor or Outdoor
Storage or Warehousing
1 space per 5,000 square feet
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Sec. 106-404.13. Parking lot standards space dimensions.
All required or provided parking areas spaces shall comply with the following:
40
41
have a minimum width of nine feet and a minimum depth of 20 feet except as
follows:
When parking spaces are adjacent to landscaped areas, the paved depth of
such spaces may be decreased by two feet to provide for vehicle overhang
area.
Spaces for compact vehicles may comprise up to 20 percent of required
spaces. Compact spaces shall be located in groups of five or more contiguous
spaces and may have a minimum width of eight and one-half feet and a
minimum depth of 18 feet.
Sec. 106-404.15. Criteria for determining required parking.
(A) When a building includes a combination of uses, the required parking will
be the sum of the required parking for each use.
(B) Where the parking requirement for a use is not defined in this section, and
no similar use is listed, the administrator shall determine the number of
spaces to be provided.
(C) All references to square feet in the parking requirements below shall refer
to gross net square feet. Net square feet is 75% of the gross floor area.
(D) All references to maximum occupancy shall refer to maximum
occupancy as defined by the Virginia Uniform Statewide Building Code.
(E) The maximum allowed parking spaces shall be 140% of the minimums
listed in 106-404.17. If there are no minimums listed, then the maximum
parking shall be determined by the administrator.
(F) Parking reductions:
1. A reduction of 10% of the number of required parking spaces may be
applied in the following conditions.
a. A contained bicycle parking area is provided.
b. A transit stop is located within 300’.
2. A reduction of 20% of the number of required parking spaces may be
applied in the following conditions.
a. The parking area utilizes green infrastructure as approved by the
City Engineer.
b. Parking area is located in the rear yard only
3. A total reduction of 30% may be applied.
Sec. 106-404. 17.– Construction standards.
(C) Civic Use Types.
USE TYPE PARKING REQUIRED
Administrative Services 1 space per employee plus 3 spaces
per 1000 square feet 1 space per 300
square feet
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(D) Office Use Types.
USE TYPE PARKING REQUIRED
Financial Institutions 3 spaces per 1,000 square feet plus
required stacking spaces
1 space per 300 square feet
General Offices 3.5 spaces per 1,000 square feet
1 space per 300 square feet
Medical Office/Clinic 7 spaces per practitioner or 1 space
per 200 square feet, whichever is
greater
1 space per 300 square feet
(E) Commercial Use Types.
USE TYPE PARKING REQUIRED
Funeral Services 1 space per 2 employees on shift plus
one space per 5 seats in main chapel
1 space per 250 square feet
Retail Sales
Shopping Center 1 space per 250 300 square feet
Other Retail 1 space per 200 350 square feet
SCHEDULE A
The following table contains minimum parking requirements for uses with
elements having different functions or operating characteristics. The
administrator shall consider and decide the minimum parking required for uses
containing a mixture of these elements.
Element Parking Required for Element
Office or Administrative Activity 3.5 spaces per 1,000 square feet
1 space per 300 square feet
SCHEDULE B
Specific minimum parking requirements shall be determined by the
administrator, based on requirements for similar uses, location of the proposed
use, expected demand and traffic generated by the proposed use.
Sec. 106-406.25. - On-site storage and temporary mobile storage
containers.
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(A) Storage containers shall be considered accessory structures and shall
be located in accordance with the standards for accessory structures
as described in article II of this chapter.
(BA) No vehicle, truck body, manufactured home, mobile home, bus,
trailer, recreational vehicle, shipping container, portable storage unit,
or similar equipment shall be used as a storage container or building in
any residential zoning district, or on any property that is used
residentially, except that:
(1) Temporary mobile storage containers up to 20’ in length that are
designed for site delivery and pickup may be placed and used on
any residentially zoned property, or on any property that is used
residentially for a period not to exceed 30 days per calendar year.
Such a container shall be placed in the driveway or rear yard of
residentially zoned property. A zoning permit shall be obtained prior
to the placement.
(2) Commercial and industrial use types may use shipping containers
for storage provided that:
a. All containers are maintained in suitable condition and be
free of rust, deterioration, graffiti, etc.
b. All containers are placed in an approved location that does
not utilize existing parking spaces, fire lines, etc.
c. All containers are placed in the rear of the property and
shielded from public views.
d. Such containers shall not be allowed for more than 90
consecutive days in any one-year period.
d. Such containers cannot be viewed from the public way of
the following streets, screening is not allowed:
1. Main Street
2. Wildwood Road
3. 4th Street
4. Thompson Memorial Drive
5. College Avenue
6. Electric Road
7. Texas Street
8. Roanoke Boulevard
9. Apperson Drive
10. South Colorado Street
(C) A zoning permit shall be obtained prior to the placement of any
storage container.
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(DB) No stacking of storage containers shall be allowed.
Sec. 106-600. Definitions.
(C) The words and terms listed below shall have the following meanings:
Building, front. That portion of a building facing the street of address.
The front door shall be provided with orientation to the street on which the lot
faces.
Lot, frontage. The horizontal distance between the side lot lines
measured at the point where the side lot lines intersect the street right-of-
way. All sides of a lot which abuts a street shall be considered frontage. On
curvilinear streets the arc between the side lot lines shall be considered the
lot frontage.
Sec. 106-602.3. Residential use types.
[The following words, terms and phrases, when used in this chapter, shall have
the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:]
Short-term rental. The provision of a room or space within a residential
dwelling unit that is suitable or intended for occupancy for dwelling, sleeping, or
lodging purposes, for a period of fewer than 30 consecutive days, in exchange
for a charge for the occupancy.
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