(A)

This chapter, and the Official Zoning Map of the City of Salem, Virginia shall be known and referred to as the Salem Virginia Zoning Ordinance.

(B)

The provisions of this chapter have been adopted by the Salem City Council pursuant to declaration of legislative intent contained in § 15.2-2200, and the authority contained in § 15.2-2280 and § 15.2-2281 of the Code of Virginia, as amended.

(Ord. of 3-14-05(2))

(A)

The provisions of this chapter shall apply to all property within the corporation limits of the City of Salem, Virginia, with the exception that any property held in fee simple ownership by the United States of America or the Commonwealth of Virginia shall not be subject to the provisions contained herein.

(Ord. of 3-14-05(2))

(A)

This chapter, and any amendments hereto, have been adopted for the general purpose of implementing the Comprehensive Plan of the City of Salem, and for the purpose of promoting the health, safety, and/or general welfare of the public. To these ends, this chapter is designed to give reasonable consideration to each of the following purposes:

1.

Provide for adequate light, air, convenience of access, and safety from fire, flood, crime, and other dangers;

2.

Reduce or prevent congestion in the public streets;

3.

Facilitate the creation of a convenient, attractive and harmonious community;

4.

Facilitate the provision of adequate police and fire protection, disaster evacuation, civil defense, transportation, water, sewerage, flood protection, schools, parks, forests, playgrounds, recreational facilities, airports and other public requirements;

5.

Protect against destruction of, or encroachment upon, historic areas;

6.

Protect against one or more of the following: overcrowding of land, undue density of population in relation to the community facilities existing or available, obstruction of light and air, danger and congestion in travel and transportation, or loss of life, health or property from fire, flood, panic or other dangers;

7.

Encourage economic development activities that provide desirable employment and enlarge the tax base;

8.

Provide for the preservation of agricultural and forestal lands;

9.

Protect approach slopes and other safety areas of licensed heliports and airports;

10.

Promote the creation and preservation of affordable housing suitable for meeting the current and future needs of the city;

11.

Protect surface and groundwater resources.

(Ord. of 3-14-05(2))

(A)

This chapter shall be effective on July 1, 2005.

(Ord. of 3-14-05(2))

(A)

All land uses and activities not specifically provided for or addressed in this chapter shall be considered uses and activities prohibited within the city unless the administrator finds that the land use or activity is compatible and consistent with the provisions of this chapter.

(B)

If a land use or activity is deemed by the administrator to be prohibited within the city, that use or activity shall not be permitted within the city unless a use not provided for permit is approved by the council pursuant to this chapter.

(C)

Where the standards imposed by this chapter are more or less restrictive than the standards imposed by any other public regulation, the more restrictive standard shall apply.

(D)

This chapter shall not apply to, or interfere with, any private covenant. However, if the regulations imposed by this chapter are more restrictive, or impose a higher standard than the private covenant, then the provisions of this chapter shall apply.

(E)

All city agencies and officials that have the responsibility to issue permits and licenses pertaining to the construction of buildings or the use of land within the city shall do so only in accordance with the provisions of this chapter. If a permit or license is issued in conflict with the provisions of this chapter, the permit or license shall be null and void.

(Ord. of 3-14-05(2))

(A)

The following zoning districts shall be established within the City of Salem. The location of these districts shall be shown on the official zoning map.

Agricultural Districts

Residential Districts

Business Districts

Manufacturing Districts

Special Purpose Districts

(Ord. of 3-14-05(2))

(A)

If in the opinion of the administrator, uncertainty exists as to the exact location of any zoning district boundary, the administrator shall apply the following rules to determine the location of the boundary:

1.

Zoning district boundaries that appear to approximately follow the center lines of street, rights-of-way or alleys, shall be construed to follow such center lines.

2.

Zoning district boundaries that appear to follow platted lot lines shall be construed as following such platted lot lines except that the zoning designation of any lot shall extend to the center line of any adjacent street, right-of-way or alley.

3.

Zoning district boundaries that appear to follow the center lines of streams and rivers shall be construed as following such center lines.

(B)

If the rules contained in (A) above do not provide sufficient certainty to determine the location of a zoning district boundary, the administrator may request the Board of Zoning Appeals interpret the location of the district boundary pursuant to the authority granted by this chapter.

(Ord. of 3-14-05(2))