(A)

The AG Agricultural District is created in recognition that some land exists within the city that continues to be used for limited agricultural purposes. Although now used for agriculture, the comprehensive plan recommends, through the future land use map, that these areas eventually be used for other productive uses. It is anticipated that future growth of Salem will be occurring through the development of these and other areas. Although currently zoned for agricultural use, it is anticipated that these areas will eventually be rezoned to higher use classifications in accordance with the comprehensive plan and prior to subdivision and development.

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

(A)

The following uses are permitted by right in the AG Agricultural 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

Agriculture *
Agritourism
Farm Stand *
Forestry Operation

2.

Residential Use Types

Home Occupation *
Manufactured Home, Emergency *
Residential Human Care Facility
Single Family Dwelling, Detached *

3.

Civic Use Types

Public Parks and Recreational Areas

4.

Office Use Types

(None)

5.

Commercial Use Types

(None)

6.

Industrial Use Types

(None)

7.

Miscellaneous Use Types

Amateur Radio Tower *
Utility Services Minor

(B)

The following uses are permitted by special exception in the AG Agricultural 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

Stable

2.

Residential Use Types

Family Day Care Home *

3.

Civic Use Types

Camps
Cemetery *
Clubs
Religious Assembly

4.

Office Use Types

(None)

5.

Commercial Use Types

Agricultural Services
Antique Shops
Camp Grounds
Garden Center
Golf Course
Homestay Inn *
Kennel, Commercial

6.

Industrial Use Types

(None)

7.

Miscellaneous Use Types

Aviation Facility
Outdoor Gathering *
Shooting Range, Outdoor
Utility Services, Major

(Ord. of 3-14-05(2); Ord. of 3-14-2011(1); Ord. of 1-23-2017(2); Ord. of 4-9-2018(3))

The following are general development standards for the AG Agricultural District. For additional, modified or more stringent standards see article III, use and design standards.

(A)

Minimum Lot Requirements.

1.

Area: Ten acres

2.

Frontage: 50 feet on a public street

(B)

Minimum Setback Requirements.

1.

Principal Structure:

Front Yard: 30 feet, if right-of-way is 50 feet or greater in width; 55 feet from the centerline of any right-of-way less than 50 feet in width. However, if an adjoining lot is developed, no principal structure shall be required to have a front yard greater than that observed by an existing building on an adjoining lot.

Side Yard: Any side yard shall be a minimum of ten percent of lot width.

Rear Yard: 30 feet

2.

Accessory Structures:

Front Yard: Behind the rear building line of the principal structure.

Side Yard: Five feet

Rear Yard: Five feet

(C)

Maximum Height of Structures.

1.

Principal Structures: 45 feet

2.

Accessory Structures: 45 feet

(D)

Maximum Building Size.

1.

Principal Structures: None

2.

Accessory Structures: 30 percent of rear yard area. Accessory structures larger than 1,000 square feet shall require a special exception permit in accordance with section 106-524 of this chapter.

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

(A)

The RSF Residential Single Family District is created in recognition that most residential neighborhoods in Salem are comprised primarily of single family dwellings on relatively small lots. It is anticipated that most future residential development will occur in this district. Proposed development standards such as lot sizes and frontage requirements in the RSF District reflect Salem's compact development pattern and recognition that future residential development will be "infill development" Limited uses other than residential are permitted.

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

(A)

The following uses are permitted by right in the RSF Residential Single Family 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

Home Occupation *
Manufactured Home, Emergency *
Residential Human Care Facility
Single Family Dwelling, Detached *
Temporary Family Health Care
  Structure *

3.

Civic Use Types

Community Recreation *
Public Parks and Recreation Areas
Religious Assembly

4.

Office Use Types

(None)

5.

Commercial Use Types

(None)

6.

Industrial Use Types

(None)

7.

Miscellaneous Use Types

Amateur Radio Tower *
Utility Services, Minor

(B)

The following uses are permitted by special exception in the RSF Residential Single Family 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

Stable *

2.

Residential Use Types

Accessory Apartment *
Family Day Care Home *
Single Family Dwelling, Attached
Townhouse *
Two Family Dwelling

3.

Civic Use Types

Cemetery *
Educational Facilities, Primary/Secondary

4.

Office Use Types

(None)

5.

Commercial Use Types

Golf Course

6.

Industrial Use Types

(None)

7.

Miscellaneous Use Types

Outdoor Gathering *
Utility Services, Major

(Ord. of 3-14-05(2); Ord. of 4-9-2018(3))

The following are general development standards for the RSF Residential Single Family District. For additional, modified or more stringent standards see article III, use and design standards.

(A)

Minimum Lot Requirements.

1.

Area: 9,000 square feet.

2.

Frontage: 75 feet on a public street.

3.

Width: In order to maximize land usage, lots which front on a curve and whose side lot lines are perpendicular to the right-of-way center line are required to have an average 75 foot width. All other lots will be required to have a minimum width of 75 feet.

(B)

Minimum Setback Requirements.

1.

Principal Structure:

Front Yard: 25 feet, if right-of-way is 50 feet or greater in width; 50 feet from the centerline of any right-of-way less than 50 feet in width. However, if an adjoining lot is developed, no principal structure shall be required to have a front yard greater than that observed by an existing building on an adjoining lot.

Side Yard: Any side yard shall be a minimum of ten percent of lot width. However, under no circumstances shall either side yard be required to exceed 25 feet.

Rear Yard: 25 feet.

Corner Lots: The setback on the side street shall be equal to the setback observed by the principal structure on an adjoining lot. If the side street does not have street facing lots, the side yard setback for corner lots shall be ten percent of the lot width.

2.

Accessory Structures:

Front Yard: Behind the rear building line of the principal structure.

Side Yard: Five feet.

Rear Yard: Five feet.

(C)

Maximum Height of Structures.

1.

Principal Structures: 45 feet. Principal structures exceeding 45 feet in height shall require a special exception permit in accordance with section 106-524 this chapter.

2.

Accessory Structures: The height of any accessory structure shall not exceed the height of the principal structure on the lot.

(D)

Maximum Building Size.

1.

Principal Structures: None.

2.

Accessory Structures: 30 percent of rear yard area. Accessory structures larger than 1,000 square feet shall require a special exception permit in accordance with section 106-524 of this chapter.

(Ord. of 3-14-05(2); Ord. of 12-12-05(2); Ord. of 3-24-08(2); Ord. of 9-8-08(3))

The RMF Residential Multi-Family District has been created in recognition that some areas within the city are suitable for higher density residential uses. Apartments and townhouses are the predominant land uses in this district. These housing types provide diversity in the style and value of housing in the city. Development standards in the RMF District such as density, lot sizes and frontage requirements reflect Salem's compact development pattern and recognition that higher density housing that is properly designed and located, can play an important role in meeting the city's future housing need.

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

(A)

The following uses are permitted by right in the RMF Residential Multi-Family 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 *
Multi-Family Dwelling *
Residential Human Care Facility
Single Family Dwelling, Detached *
Townhouse *

3.

Civic Use Types

Assisted Care Residence
Community Recreation *
Educational Facilities - Primary/Secondary
Public Parks and Recreation Areas
Religious Assembly

4.

Office Use Types

(None)

5.

Commercial Use Types

(None)

6.

Industrial Use Types

(None)

7.

Miscellaneous Use Types

Amateur Radio Tower *
Utility Services, Minor

(B)

The following uses are permitted by special exception in the RMF Residential Multi-Family 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 *
Single Family Dwelling, Attached
Two Family Dwelling

3.

Civic Use Types

(None)

4.

Office Use Types

General Office
Medical Office

5.

Commercial Use Types

Homestay Inn *

6.

Industrial Use Types

(None)

7.

Miscellaneous Use Types

Outdoor Gathering *
Utility Services, Major

(Ord. of 3-14-05(2); Ord. of 4-9-2018(3))

The following are general development standards for the RMF Residential Multi-Family District. For additional, modified or more stringent standards see article III, use and design standards.

(A)

Minimum Lot Requirements.

1.

Area: 7,200 square feet.

2.

Frontage: 60 feet on a public street.

3.

Width: In order to maximize land usage, lots which front on a curve and whose side lot lines are perpendicular to the right-of-way center line are required to have an average 75 foot width. All other lots will be required to have a minimum width of 75 feet.

(B)

Minimum Setback Requirements.

1.

Principal Structure:

Front Yard: 25 feet, if right-of-way is 50 feet or greater in width; 50 feet from the centerline of any right-of-way less than 50 feet in width. However, if an adjoining lot is developed, no principal structure shall be required to have a front yard greater than that observed by an existing building on an adjoining lot.

Side Yard: 20 feet.

Rear Yard: 20 feet.

Single-Family Dwellings shall conform with the minimum setback regulations of Section 106-202.3 Residential Single-Family District RSF.

2.

Accessory Structures:

Front Yard: Behind the rear building line of the principal structure.

Side Yard: Two feet.

Rear Yard: Two feet.

(C)

Maximum Height of Structures.

1.

Principal Structures: 45 feet.

2.

Accessory Structures: The height of any accessory structure shall not exceed the height of the principal structure on the lot.

(D)

Maximum Building Size.

1.

Principal Structures: None.

2.

Accessory Structures: 30 percent of rear yard area. Accessory structures larger than 1,000 square feet shall require a special exception permit in accordance with section 106-524 of this chapter.

(Ord. of 3-14-05(2); Ord. of 3-24-08(3); Ord. of 6-14-2021(4))

The MHP Manufactured Home Park District has been created in recognition that manufactured housing is an important and desired housing option for some city residents. Standards and uses for the MHP district have been designed to reflect standards and uses found in some current manufactured home park communities and to allow the development of new manufactured home communities that have a desirable living environment.

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

(A)

The following uses are permitted by right in the MHP Manufactured Home Park 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

Home Occupation *
Manufactured Home, Emergency *
Manufactured Home Park *

3.

Civic Use Types

Public Parks and Recreation Areas

4.

Office Use Types

(None)

5.

Commercial Use Types

(None)

6.

Industrial Use Types

(None)

7.

Miscellaneous Use Types

Utility Services—Minor

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

The following are general development standards for the MHP Manufactured Home Park District. For additional, modified or more stringent standards see article III, use and design standards.

(A)

Minimum Lot Requirements.

1.

Area: Ten acres.

2.

Frontage: 50 feet on a public street.

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

The RB Residential Business District is created in recognition that some older residential areas near the center of the city may be suitable for the integration of residential and limited commercial uses of benefit to neighborhood residents. The intent of the district is to create a walkable, livable residential community with a mixture of residential and nonresidential uses. To that end, the scale and nature of retail uses is limited to preserve the mixed character of the district.

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

(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

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

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)

(Ord. of 3-14-05(2); Ord. of 2-14-2011(1); Ord. of 4-9-2018(3); Ord. of 12-11-2023(2))

The following are general development standards for the RB Residential Business District. For additional, modified or more stringent standards see article III, use and design standards.

(A)

Minimum Lot Requirements.

1.

Area: 7,200 square feet.

2.

Frontage: 60 feet on a public street.

(B)

Minimum Setback Requirements.

1.

Principal Structure:

Front Yard: 25 feet, if right-of-way is 50 feet or greater in width; 50 feet from the centerline of any right-of-way less than 50 feet in width. However, if an adjoining lot is developed, no principal structure shall be required to have a front yard greater than that observed by an existing building on an adjoining lot.

No front yard shall be used for any parking area or otherwise designed or devoted to any vehicle use unless a special exception permit has been approved specifically allowing such parking. Notwithstanding the foregoing, nothing herein shall prohibit a driveway in the front yard that leads to a parking area in the side yard or rear yard.

Side Yard: Any side yard shall be a minimum of ten percent of lot width. However, under no circumstances shall either side yard be required to exceed 25 feet.

Rear Yard: 15 feet.

Corner Lots: the setback on the side street shall be equal to the setback observed by the principal structure on an adjoining lot. If the side street does not have street facing lots, the side yard setback for corner lots shall be ten percent of the lot width.

Single-Family Dwellings shall conform with the minimum setback regulations of Section 106-202.3 Residential Single-Family District RSF.

2.

Accessory Structures:

Front Yard: Behind the rear building line of the principal structure.

Side Yard: Two feet.

Rear Yard: Two feet.

(C)

Maximum Height of Structures.

1.

Principal Structures: 45 feet.

2.

Accessory Structures: 15 feet.

(D)

Maximum Building Size.

1.

Principal Structures: None.

2.

Accessory Structures: 30 percent of rear yard area. Accessory structures larger than 1,000 square feet shall require a special exception permit in accordance with section 106-524 of this chapter.

(E)

Other Requirements.

Drive-through facilities in which a person, who remains in a motor vehicle, conducts business or exchanges through a window or exterior opening in a structure are prohibited.

(Ord. of 3-14-05(2); Ord. of 12-12-05(3); Ord. of 9-8-08(3); Ord. of 2-14-2011(1); Ord. of 6-14-2021(4))

The DBD Downtown Business District has been created to recognize and promote the unique character of Salem's downtown area. The district allows and encourages, through flexible design standards, a mixture of professional offices, financial services, government functions and specialty retail. Upper floor residential uses are encouraged. Automobile related uses are limited in the district. Overall, permitted uses, setbacks and development standards are designed to maintain a downtown urban character.

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

(A)

The following uses are permitted by right in the DBD Downtown 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

Home Occupation *
Manufactured Home, Emergency *

3.

Civic Use Types

Assisted Care Residence
Clubs
Educational Facilities,
College/University *
Guidance Services
Life Care Facility
Nursing Home
Post Office
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

Antique Shops
Automobile Parts/Supply, Retail
Business or Trade School
Business Support Services
Commercial Indoor Entertainment
Communication Services
Consumer Repair Services
Convenience Store
Day Care Center *
Funeral Services
Homestay Inn *
Hotel/Motel/Motor Lodge
Microbrewery *
Microdistillery *
Personal Improvement Services
Personal Services
Restaurant
Retail Sales
Studio, Fine Arts
Veterinary Hospital/Clinic

6.

Industrial Use Types

Transportation Terminal

7.

Miscellaneous Use Types

Mixed Use *

Utility Service, Minor

(B)

The following uses are permitted by special exception in the DBD Downtown 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

Multi-Family Dwelling *
Residential Human Care Facility
Single Family Dwelling, Attached *
Single Family Dwelling, Detached *
Townhouse *
Two Family Dwelling *

3.

Civic Use Types

Administrative Services *
Correction Facilities
Crises Center
Cultural Services
Educational Facilities, Primary/Secondary
Halfway House
Public Assembly
Public Maintenance and Service Facilities

4.

Office Use Types

Outpatient Mental Health and Substance Abuse Clinic*

5.

Commercial Use Types

Assembly Hall
Commercial Indoor Amusement
Dance Hall *
Hospital
Pawn Shop

6.

Industrial Use Types

(None)

7.

Miscellaneous Use Types

Outdoor Gathering *
Parking Facility, Surface/Structure
Utility Service, Major

(Ord. of 3-14-05(2); Ord. of 3-10-08(4); Ord. of 9-13-2010(5); Ord. of 1-25-2016(1); Ord. of 1-23-2017(2); Ord. of 8-14-2017(1); Ord. of 4-9-2018(3); Ord. of 5-14-2018(1); Ord. of 2-11-2019(1))

The following are general development standards for the DBD Downtown Business District. For additional, modified or more stringent standards see article III, use and design standards.

(A)

Minimum Lot Requirements.

1.

Area: No minimum.

2.

Frontage: No minimum.

(B)

Minimum and Maximum Setback Requirements.

1.

Principal Structure:

Front Yard: Maximum of zero; exception: Maximum of 20 feet if for outdoor patio-style dining. Front yard shall only be used for patio-style outdoor dining. No front yard shall be used for any parking area or otherwise designed or devoted to any vehicle use.

Side Yard: No Minimum.

Rear Yard: No Minimum.

Corner Lots: The setback of the side street shall have a maximum of zero; exception: Maximum of 20 feet if for outdoor patio-style dining.

2.

Accessory Structures:

Front Yard: Behind the rear building line of the principal structure.

Side Yard: No Minimum.

Rear Yard: No Minimum.

(C)

Maximum Height of Structures.

1.

Principal Structures: 80 Feet. Structures higher than 80 feet shall require a special exception permit in accordance with section 106-524 of this chapter.

2.

Accessory Structures: Less than height of principal structure.

(D)

Maximum Building Size.

1.

Principal Structures: None.

2.

Accessory Structures: 30 percent of rear yard area. Accessory structures larger than 1,000 square feet shall require a special exception permit in accordance with section 106-524 of this chapter.

(E)

Other Requirements. Drive-through facilities in which a person, who remains in a motor vehicle, conducts business or exchanges through a window or exterior opening in a structure are allowed for financial institutions only, and only in the rear yard with access from the side or rear street.

(Ord. of 3-14-05(2); Ord. of 1-25-2016(1); Ord. of 4-9-2018(3); Ord. of 5-14-2018(1))

The TBD Transitional Business District has been created in recognition that there are commercial areas near downtown Salem that exhibit patterns of development similar, but less intensive than, the downtown business district. These areas are suitable for future downtown-type uses and development patterns. The Transitional Business District allows a mixture of professional offices, financial services, government functions and specialty retail. Upper floor residential uses similarly are encouraged. Automobile related uses are limited in the district. Overall, setbacks and development standards are designed to allow a downtown urban character.

(Ord. of 3-14-05(2); Ord. of 1-23-2017(2); Ord. of 8-14-2017(1))

(A)

The following uses are permitted by right in the TBD Transitional 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

Home Occupation *
Manufactured Home, Emergency *

3.

Civic Use Types

Assisted Care Residence
Clubs
Guidance Services
Life Care Facility
Nursing Home
Post Office
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

Antique Shops
Automobile Parts/Supply, Retail
Automobile Repair Services, Minor
Business or Trade School
Business Support Services
Commercial Indoor Entertainment
Communication Services
Consumer Repair Services
Convenience Store
Day Care Center *
Funeral Services
Homestay Inn *
Hotel/Motel/Motor Lodge
Microbrewery *
Microdistillery *
Personal Improvement Services
Personal Services
Restaurant
Retail Sales
Studio, Fine Arts
Veterinary Hospital/Clinic

6.

Industrial Use Types

Transportation Terminal

7.

Miscellaneous Use Types

Mixed Use *
Utility Service, Minor

(B)

The following uses are permitted by special exception in the TBD Transitional 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

Multi-Family Dwelling *
Residential Human Care Facility
Single Family Dwelling, Attached *
Single Family Dwelling, Detached *
Townhouse *
Two Family Dwelling *

3.

Civic Use Types

Administrative Services
Correction Facilities
Crises Center
Cultural Services
Educational Facilities, Primary/Secondary
Halfway House
Public Assembly
Public Maintenance and Service Facilities

4.

Office Use Types

Outpatient Mental Health and Substance Abuse Clinic*

5.

Commercial Use Types

Assembly Hall
Commercial Indoor Amusement
Hospital
Microbrewery *
Microdistillery *
Pawn Shop

6.

Industrial Use Types

(None)

7.

Miscellaneous Use Types

Outdoor Gathering *
Parking Facility, Surface/Structure
Utility Service, Major

(Ord. of 3-14-05(2); Ord. of 9-13-2010(5); Ord. of 1-25-2016(1); Ord. of 1-23-2017(2); Ord. of 2-13-2017(1); Ord. of 8-14-2017(1); Ord. of 2-11-2019(1))

The following are general development standards for the TBD Transitional Business District. For additional, modified or more stringent standards see article III, use and design standards.

(A)

Minimum Lot Requirements.

1.

Area: No minimum.

2.

Frontage: No minimum.

(B)

Minimum and Maximum Setback Requirements.

1.

Principal Structure:

Front Yard: Zero; exception: Maximum of 20 feet if for outdoor patio-style dining. Front yard shall only be used for patio-style dining. No front yard shall be used for any parking area or otherwise designed or devoted to any vehicle use.

Side Yard: No Minimum

Rear Yard: No Minimum

2.

Accessory Structures:

Front Yard: Behind the rear building line of the principal structure.

Side Yard: No Minimum

Rear Yard: No Minimum

(C)

Maximum Height of Structures.

1.

Principal Structures: 80 feet structures higher than 80 feet shall require a special exception permit in accordance with section 106-524 of this chapter.

2.

Accessory Structures: Less than height of principal structure.

(D)

Maximum Building Size.

1.

Principal Structures: None

2.

Accessory Structures: 30 percent of rear yard area. Accessory structures larger than 1,000 square feet shall require a special exception permit in accordance with section 106-524 of this chapter.

(Ord. of 3-14-05(2); Ord. of 1-25-2016(1))

The CBD Community Business District has been created to allow a variety of commercial and service uses to coexist with residences in a transitional, mixed-use environment. This district provides development standards for uses which are more intensive than Residential Business (RB) Districts, but less intensive than Highway Business District (HBD). CBD districts are typically transitional areas, often corridors, on the edges between commercial and residential zones.

(Ord. of 1-23-2017(2))

(A)

The following uses are permitted by right in the CBD Community 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

Home Occupation *
Manufactured Home, Emergency *

3.

Civic Use Types

Cultural Services
Guidance Services
Public Parks and Recreation Areas
Religious Assembly

4.

Office Use Types

Financial Institutions
General Offices
Medical Offices

5.

Commercial Use Types

Antique Shops
Business Support Services
Consumer Repair Services
Convenience Store
Day Care Center *
Homestay Inn *
Laundry
Personal Improvement Services
Personal Services
Restaurant
Retail Sales
Studio, Fine Arts

6.

Industrial Use Types

(None)

7.

Miscellaneous Use Types

Mixed Use *

(B)

The following uses are permitted by special exception in the CBD Community 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

Family Day Care Home *
Residential Human Care Facility
Single Family Dwelling, Attached
Single Family Dwelling, Detached *
Townhouse *

3.

Civic Use Types

Clubs
Educational Facilities, Primary/Secondary
Post Office

4.

Office Use Types

(None)

5.

Commercial Use Types

Assembly Hall
Gasoline Station
Kennel, Commercial
Microbrewery *
Veterinary Hospital/Clinic

6.

Industrial Use Types

(None)

7.

Miscellaneous Use Types

Amateur Radio Tower
Outdoor Gathering *

(Ord. of 1-23-2017(2); Ord. of 4-9-2018(3))

The following are general development standards for the CBD Community Business District. For additional, modified or more stringent standards see article III, use and design standards.

(A)

Minimum lot requirements.

1.

Area: 7,200 square feet.

2.

Frontage: 60 feet on a public street.

(B)

Minimum setback requirements.

1.

Principal structure:

Front yard: 30 feet from street centerline.

Side yard: No minimum.

Rear yard: No minimum.

Single-Family Dwellings shall conform with the minimum setback regulations of Section 106-202.3 Residential Single-Family District RSF.

2.

Accessory structures:

Front yard: Behind the rear building line of the principal structure. Outdoor dining areas may be located in the front yard area, provided they are properly screened from adjoining residential property.

Side yard: Five feet.

Rear yard: Five feet.

(C)

Maximum height of structures.

1.

Principal structures: 45 feet.

2.

Accessory structures: Less than height of principal structure.

(D)

Maximum building size.

1.

Principal structures: No maximum.

2.

Accessory structures: 30 percent of rear yard area. Accessory structures larger than 1,000 square feet shall require a special exception permit in accordance with section 106-524 of this chapter.

(E)

Other requirements.

1.

Drive-through facilities in which a person, who remains in a motor vehicle, conducts business or exchanges through a window or exterior opening in a structure shall require a special exception permit in accordance with section 106-524 of this chapter.

2.

Residential uses shall conform to the site development regulations of RB, Residential Business District.

(Ord. of 1-23-2017(2); Ord. of 6-14-2021(4))

The HBD Highway Business District has been created to provide and allow a wide variety of commercial and service uses that are typically found along or near major transportation arterials. This district provides a location and development standards for more intensive commercial uses not appropriate for the Downtown (DBD) or Residential (RB) Districts.

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

(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.

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
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 HBO 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)

3.

Civic Use Types

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*
Retail Sales, smoke shop*
Truck Stop

6.

Industrial Use Types

(None)

7.

Miscellaneous Use Types

Aviation Facility
Parking Facility, Surface/Structure
Tower*
Utility Service, Major

(Ord. of 3-14-05(2); Ord. of 10-9-06(2); Ord. of 9-13-2010(5); Ord. of 2-7-2013; Ord. of 1-23-2017(2); Ord. of 8-14-2017(1); Ord. of 4-9-2018(3); Ord. of 2-11-2019(1); Ord. of 12-11-2023(2); Ord. of 10-28-2024)

The following are general development standards for the HBD Highway Business District. For additional, modified or more stringent standards see article III, use and design standards.

(A)

Minimum Lot Requirements.

1.

Area: 7,200 square feet

2.

Frontage: 60 feet on a public street

(B)

Minimum Setback Requirements.

1.

Principal Structure:

Front Yard: 30 feet from street centerline

Side Yard: No Minimum

Rear Yard: No Minimum

2.

Accessory Structures:

Front Yard: 30 feet from street centerline

Side Yard: No Minimum

Rear Yard: No Minimum

(C)

Maximum Height of Structures.

1.

Principal Structures: 80 feet

2.

Accessory Structures: Less than height of principal structure.

(D)

Maximum Building Size.

1.

Principal Structures: No Maximum

2.

Accessory Structures: No Maximum

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

The BCD Business Commerce District is created as a flexible district to encourage the orderly development of commercial and light industrial uses. The district is designed to require high standards of building and site design, while allowing maximum flexibility in development standards. The commission and council must review all BCD proposals as an amendment to the zoning map pursuant to section 106-520 of this chapter.

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

(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)

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

(B)

The following uses are permitted by special exception 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)

2.

Residential Use Types

(None)

3.

Civic Use Types

(None)

4.

Office Use Types

Outpatient Mental Health and Substance Abuse Clinic *

5.

Commercial Use Types

Personal Services

6.

Industrial Use Types

[None]

7.

Miscellaneous Use Types

Aviation Facilities
Tower *
Utility Services, Major

(Ord. of 3-14-05(2); Ord. of 9-13-2010(5); Ord. of 4-9-2018(3); Ord. of 12-11-2023(2))

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 HBO, Highway Business District shall apply.

(Ord. of 3-14-05(2); Ord. of 12-11-2023(2))

The LM Light Manufacturing District is created to establish and preserve areas within the city that are suitable for business and light industrial uses. LM Light Manufacturing districts are the location of a significant portion of the city's employment base. The district allows a wide variety of industrial and warehouse uses and activities that occur primarily within enclosed structures, with minimal or no environmental impacts associated with smoke, odor, and noise.

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

(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.

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 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

(None)

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

(Ord. of 3-14-05(2); Ord. of 2-7-2013; Ord. of 8-11-2014; Ord. of 1-25-2016(1); Ord. of 8-22-2016(1); Ord. of 1-23-2017(2); Ord. of 7-10-2017(1); Ord. of 8-14-2017(1); Ord. of 4-9-2018(3); Ord. of 12-11-2023(2))

The following are general development standards for the LM Light Manufacturing District. For additional, modified or more stringent standards see article III, use and design standards.

(A)

Minimum Lot Requirements.

1.

Area: No Minimum

2.

Frontage: No Minimum

(B)

Minimum Setback Requirements.

1.

Principal Structure:

Front Yard: No Minimum

Side Yard: No Minimum

Rear Yard: No Minimum

2.

Accessory Structures:

Front Yard: No Minimum

Side Yard: No Minimum

Rear Yard: No Minimum

(C)

Maximum Height of Structures.

1.

Principal Structures: 70 feet.

2.

Accessory Structures: 70 feet.

(Ord. of 3-14-05(2); Ord. of 1-25-2016(1))

The HM Heavy Manufacturing District is created to establish and preserve areas within the city that are suitable for business and more intensive industrial uses. The district allows a wide variety of intensive industrial and warehouse uses. Manufacturing activities and uses within the district occur primarily within enclosed structures, but uses have significant outdoor storage needs.

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

(A)

The following uses are permitted by right in the HM Heavy 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.

1.

Agricultural Use Types

(None)

2.

Residential Use Types

Manufactured Home, Emergency *

3.

Civic Use Types

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

Automotive Repair Services, Major *
Business Support Services
Day Care Center *
Equipment Sales and Rental
Laundry
Manufactured Home Sales *
Transportation Terminal
Truck Stop

6.

Industrial Use Types

Asphalt Plant *
Construction Yard
Custom Manufacturing
Industry Type I
Industry Type II
Meat Packing and Related Industries
Railroad Facilities
Recycling Centers
Transfer Station
Truck Terminal
Warehousing and Distribution

7.

Miscellaneous Use Types

Parking Facility, Surface/Structure
Utility Services, Major
Utility Services, Minor

(B)

The following uses are permitted by special exception in the HM Heavy 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.

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
Personal Storage *
Microbrewery *
Recreational Vehicle Sales and Service *

6.

Industrial Use Types

Brewery *
Distillery *
Industry Type III
Landfill, Construction Debris
Landfill, Rubble
Landfill, Sanitary
Resource Extraction
Scrap and Salvage Services

7.

Miscellaneous Use Types

Aviation Facilities
Tower *

(Ord. of 3-14-05(2); Ord. of 2-14-2011(2); Ord. of 2-7-2013; Ord. of 8-11-2014; Ord. No. 1-25-2016(1)); Ord. of 8-22-2016(2); Ord. of 1-23-2017(2); Ord. of 7-10-2017(1); Ord. of 8-14-2017(1); Ord. of 4-9-2018(3))

The following are general development standards for the HM Heavy Manufacturing District. For additional, modified or more stringent standards see article III, use and design standards.

(A)

Minimum Lot Requirements.

1.

Area: No Minimum

2.

Frontage: No Minimum

(B)

Minimum Setback Requirements.

1.

Principal Structure:

Front Yard: No Minimum

Side Yard: No Minimum

Rear Yard: No Minimum

2.

Accessory Structures:

Front Yard: No Minimum

Side Yard: No Minimum

Rear Yard: No Minimum

(C)

Maximum Height of Structures.

1.

Principal Structures: 75 feet

2.

Accessory Structures: 75 feet

(Ord. of 3-14-05(2); Ord. of 1-25-2016(1))

The Cluster Housing Overlay is created to encourage and allow flexibility in site design and lot arrangements for new single family residential development in the City of Salem. This overlay allows a reduction in minimum lot size and frontage requirements from those required in the underlying single family residential zoning district. All cluster lot size reductions must be compensated for by the provision of an equal or greater amount of open space within the cluster housing development.

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

(A)

The Cluster Housing Overlay may be requested as a zoning overlay for any land within the City of Salem zoned RSF Residential Single Family.

(B)

Single family detached and attached dwellings shall be permitted within the Cluster Housing Overlay subject to the review and approval by the city council.

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

(A)

Development regulations within Cluster Housing Overlay shall be as specified in the underlying zoning district, with the following exceptions:

1.

Minimum Development Size: Two acre

2.

Maximum Density: Five dwelling units per acre

3.

Minimum Lot Size: 4,500 square feet

4.

Minimum Frontage: 40 feet

5.

Minimum Setbacks:

Front Yard: 15 feet

Side Yard: Five feet

Rear Yard: Ten feet

Front yards that are adjacent to an existing public street, shall have a setback as specified in the underlying zoning district.

Side and rear yards that are adjacent to existing residential development, shall have the side and rear setbacks as specified in the underlying zoning district.

6.

Open Space: Minimum of 15 percent of development size, or one square foot of open space for each square foot of reduction in lot size below 9,000 square feet, whichever is greater.

7.

Streets in a cluster housing overlay may be public in accordance with VDOT and city standards or may be private. In reviewing plans for the cluster development, the commission may recommend, and the council may approve, one or more private streets within the proposed cluster development.

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

Approval of a Cluster Housing Overlay shall be by special exception permit as defined by section 106-524 and section 106-600 of this chapter.

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

The College and University District has been created in recognition that institutes of higher learning have unique land use characteristics. These institutions may typically involve classroom, office, laboratory, and residential areas, as well as areas devoted to culture, recreation and food service. The intermingling of these uses creates a campus environment. The College and University District allows great flexibility in development standards. New development is reviewed to insure that it is consistent with the public health, safety and welfare interests of citizens and that is compatible with the Salem Comprehensive Plan and surrounding and nearby land uses.

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

(A)

The following uses are permitted by right in the CUD College and University 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)

3.

Civic Use Types

Educational Facilities, College/University *

4.

Office Use Types

(None)

5.

Commercial Use Types

(None)

6.

Industrial Use Types

(None)

7.

Miscellaneous Use Types

(None)

(B)

The following uses are permitted by special exception in the CUD College and University 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)

3.

Civic Use Types

(None)

4.

Office Use Types

(None)

5.

Commercial Use Types

(None)

6.

Industrial Use Types

(None)

7.

Miscellaneous Use Types

(None)

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

(A)

Development Regulations for structures within College and University Districts shall be as defined in section 106-306.5 of this chapter.

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

Approval of new development within the College and University District shall be subject to the provisions and standards contained in section 106-306.5 and section 106-400 of this chapter.

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

(A)

It is the intent of the Floodplain Overlay District to aid in providing safety and protection from flooding. More specifically, the standards contained in this district help to prevent the creation of health and safety hazards, the loss of property and life, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by:

1.

Restricting the unwise use, development and occupancy of lands subject to inundation which may result in soil erosion, sedimentation and siltation, pollution of water resources, and general degradation of the natural and manmade environment;

2.

Regulating uses, activities and development which, acting alone or in combination with other existing or future uses, activities and development, if unregulated, will cause unacceptable increases in flood heights, velocities and frequencies;

3.

Restricting or prohibiting certain uses, activities and development from locating within areas subject to flooding;

4.

Requiring all those uses, activities and developments that do occur in flood prone area to be protected and/or flood proofed against flooding and flood damage;

5.

Protecting individuals from buying lands and structures which are unsuited for intended purposes because of flood hazards; and

6.

Adequately providing for qualification and continuation of the City of Salem in the regular program of the national flood insurance program as administered by the Federal Emergency Management Agency.

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

(A)

All definitions pertaining to the administration and enforcement of the Floodplain Overlay District are found in Article VI Definitions and Use Types.

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

(A)

The provisions codified in this section shall apply to all lands within the jurisdiction of the City of Salem identified as being floodplain districts as stipulated in this section. No land shall be developed and no development and/or structure shall be located, related, constructed, reconstructed, enlarged or structurally altered except in full compliance with the terms and provisions of this district and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this chapter.

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

(A)

Floodplain districts shall include all land subject to inundation by the waters of the 100-year flood. The source of this delineation shall be the flood insurance study for the City of Salem, as prepared by the Federal Insurance Administration-Federal Emergency Management Agency, dated, September 28, 2007, or the most recent revision thereof. The designated floodplain districts and accompanying regulations shall be overlays to the existing underlying zoning districts as shown on the official zoning map, and as such the provisions for floodplain districts shall serve as a supplement to the underlying zoning district regulations. The physical boundaries of the floodplain districts are established as shown on the flood insurance rate map (FIRM) from the above-cited flood insurance study, which map is declared to be a part of this ordinance and which shall be kept on file in the office of the Building Official and the Clerk of Council. In the event of any conflict between the provisions of the overlaying floodplain districts and the underlying existing zoning regulations, the more restrictive provisions shall apply.

(B)

The delineation of any floodplain district may be revised, amended and modified by the Council after Planning Commission and Council public hearings as required by section 106-520 of this Code and, § 15.2-2204 of the Code of Virginia, in compliance with the national flood insurance program, when there are changes through natural, man-made or other causes and/or changes are indicated by future detailed hydrologic and hydraulic studies. All such changes are subject to the review and approval of the Federal Emergency Management Agency.

Initial interpretations of the boundaries of the floodplain districts shall be made by the building official. Should a dispute arise concerning the boundaries of any of the areas, the Board of Zoning appeals, in accordance with section 106-528 shall make the necessary determination. Persons questioning or contesting the location of the flood boundary shall be given a reasonable opportunity to present their case to the Board and to submit technical evidence.

(C)

All applications for development in the floodplain district and all permits issued for the floodplain shall incorporate the following information.

1.

For structures to be elevated, the elevation of the lowest floor (including basement).

2.

For structures to be flood proofed (nonresidential only), the elevation to which the structure will be flood proofed.

3.

The elevation of the 100-year flood.

4.

Topographic information showing existing and proposed ground elevations.

(Ord. of 3-14-05(2); Ord. of 9-10-07)

(A)

All uses, activities, development, new construction and substantial improvements, including prefabricated buildings and manufactured homes, occurring within any floodplain district shall be undertaken only upon the issuance of a certificate of elevation and shall be undertaken only in strict compliance with the provisions of this chapter and with all other applicable codes and ordinances, including the City of Salem's subdivision regulations. Prior to the issuance of any permits, the building official shall require all applications to include compliance with all applicable state and federal laws.

(Ord. of 3-14-05(2); Ord. of 12-12-05(4))

(A)

Generally. In any floodplain overlay district, the development and/or use of land (including new construction and substantial improvements, placement of manufactured home and prefabricated buildings) shall be permitted in accordance with the regulations of the underlying district, provided that all such uses, activities and/or development shall be undertaken in strict compliance with flood proofing, elevation, anchorage and related provisions contained in the Virginia Uniform Statewide Building Code and all other applicable codes and ordinances, and shall be constructed with material and utility equipment resistant to flood damage, and be constructed by methods and practices that minimize flood damage.

The lowest floor elevation of any new residential structure constructed within a floodplain shall be at least one foot above base flood elevation. The lowest floor elevation of any new non-residential structure shall also be one foot above base flood elevation, unless such structure is floodproofed. No existing structure shall be modified, expanded, or enlarged unless the new construction complies with this standard.

(B)

Electrical and plumbing improvements. All electrical water heaters, electric furnaces, other critical electrical installations and all other electrical, heating, ventilation, plumbing and air condition equipment shall be permitted only at elevations at or above the level of the 100-year flood in all floodplain districts, or shall be so designed or located such that waters from the base flood cannot enter or accumulate within any components.

(C)

Telephone utilities. All telephone utilities to be placed in any floodplain district shall be located and constructed to minimize the chance of impairment during a flood, including being elevated above the level of the 100-year flood whenever possible.

(D)

Water, sewer, gas, oil facilities. New and replacement water supply systems, sanitary sewage systems including pumping stations and collector systems, and gas and oil supply systems shall be designed and located to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters in all floodplain districts.

(E)

Streets and sidewalks. Streets and sidewalks in all floodplain districts shall be designed to minimize their potential for increasing and aggravating the levels of flood flow. Drainage openings shall be required to minimize flood flows without significantly increasing flood heights or established elevations identified floodplain districts.

(F)

Drainage. Adequate drainage shall be provided to minimize exposure to flood hazards in all floodplain districts and be designed to convey the flow of surface waters without damage to persons or property. The system shall ensure drainage away from buildings, onsite waste disposal sites and septic tank facilities with subsurface disposal fields. The city may requires a primarily underground system to accommodate frequent floods and a secondary surface system to accommodate larger, less frequent floods. Drainage plans shall be consistent with local, regional and state drainage plans and requirements. All facilities shall be designed to prevent the discharge of runoff onto adjacent properties.

(G)

Land subdivisions and new developments. The preliminary subdivision plat requirements contained in the Salem Subdivision Ordinance shall include a map showing the location of the proposed subdivision and/or land development with respect to any designated flood, including information on but not limited to, the 100-year flood elevations, boundaries of the floodplain districts, proposed lots and sites, fills and flood or erosion protective facilities. Proposals for any other new development shall also include base flood elevation data and location of any floodplain districts. Subdivision proposals and other proposed new development, including manufactured home parks and subdivisions, shall be reviewed to determine whether such proposals will be reasonably safe from flooding. If a subdivision proposal or other proposed new development is in a flood prone area, any such proposals shall be reviewed to assure that:

1.

All such proposals are consistent with the need to minimize flood damage within the flood prone area;

2.

All public utilities and facilities, such as sewer, gas, electrical and water systems, are located and constructed to minimize or eliminate flood damage; and

3.

Adequate drainage is provided to reduce exposure to flood hazards.

(H)

Manufactured homes. All manufactured homes to be placed or substantially improved within any floodplain district shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at least one foot above the base flood elevation and is securely anchored to an adequately anchored foundation system in accordance with the provisions of the Virginia Uniform Statewide Building Code. The provision shall apply to subdivisions and lots where an existing manufactured home is replaced, any expansion to an existing park or subdivision, an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as the result of a flood, and to new parks, subdivisions and installation constructed after the effective date of the initial floodplain regulations.

(I)

Recreational vehicles. Recreational vehicles placed on sites shall either:

1.

Be on the site for fewer than 180 consecutive days; and,

2.

Be fully licensed and ready for highway use; or

3.

Meet the permit requirements for placement in the elevation and anchoring requirements for manufactured homes in accordance with the provisions of this chapter.

(J)

Area below lowest floor. For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: A minimum of two openings, having a total net area of not less than one square.

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

(A)

Generally. Under no circumstances shall any use, activity, stream bed alteration or relocation, new construction, substantial improvements and/or development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch or any other drainage facility or system. In floodways, no encroachments, fill, new construction, substantial improvements or other development shall be permitted, except where the effect of such development (as may be permitted in accordance with the regulations of the underlying zoning district) on flood heights is fully offset by accompanying improvements which have been approved by appropriate local, state and/or federal authorities as required by law (i.e., no proposed use, development or activity shall be permitted within the floodway which would cause any increase in flood levels during the 100-year flood).

(B)

Alternation and relocation of floodway and channel. Prior to any proposed alteration or relocation of any channels or floodways of any watercourse, stream, etc., within the City of Salem, approval shall be obtained from the U. S. Corps of Engineers, the State Water Control Board and the State Marine Resources Commission. Furthermore, notification of the proposal shall be given by the applicant to all affected adjacent jurisdictions, the Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management) and the Federal Insurance Administration.

(C)

Manufactured homes. The placement of any manufactured home within any floodway is strictly prohibited except in an existing manufactured home park or existing manufactured home subdivision.

Manufactured homes that are not subject to the provisions of this ordinance shall be elevated so that either: (1) the lowest floor of the manufactured home is at least one foot above the base flood elevation; or (2) the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.

(Ord. of 3-14-05(2); Ord. of 9-10-07)

(A)

A structure or use of a structure or premises which lawfully existed before the enactment of this chapter but which is not in conformity with the provisions of in this section may be continued in accordance with the provisions of this chapter. In addition, such structure or use shall be subject to the following additional requirements:

1.

Existing structures and/or uses located in floodways shall not be expanded or enlarged, unless the effect of the proposed expansion or enlargement on flood heights is fully offset by accompanying improvements.

2.

Any modification, alteration, repair, reconstruction or improvement of any kind to a structure and/or use located in any floodplain overlay district, to an extent or amount of less than 50 percent of its market value, shall be elevated and/or flood proofed to the greatest extent possible.

3.

The modification, alteration, repair, reconstruction or improvement of any kind to a structure and/or use regardless of its location in the flood plain district to an extent or amount of 50 percent or more of its market value shall only be undertaken in full compliance with the provisions of the Virginia Uniform Statewide Building Code.

4.

The owner and/or agents of any existing structure and/or use located in any flood plain overlay districts shall fully disclose in writing to all prospective interested parties including, but not limited to, purchasers and renters that (1) the land and/or structures are located in flood prone areas, and (2) whether any variances have been granted for certain structures located in flood prone areas.

(Ord. of 3-14-05(2); Ord. of 9-10-07)

(A)

The Board of Zoning Appeals, in accordance with section 106-528, may consider petitions for variance(s) from the provisions of this chapter; provided, however, that all relevant factors pertaining to the danger to life and property caused by increased flood levels and velocities due to encroachments are thoroughly examined. In considering applications for variances, the Board shall consider the following factors:

1.

The danger to life and property due to increased flood heights or velocities caused by encroachments.

2.

The danger that materials may be swept onto other lands or downstream to the injury of others.

3.

The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions.

4.

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners.

5.

The important of the services provided by the proposed facility to the community.

6.

The requirements of the facility for a waterfront location and a location within a floodplain district.

7.

The availability of alternate locations not subject to flooding for the proposed use.

8.

The compatibility of the proposed use with existing development anticipated in the foreseeable future.

9.

The relationship of the proposed use to the comprehensive plan and floodplain management program for the area.

10.

The safety access to the property by ordinary and emergency vehicles in times of flood.

11.

The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site.

12.

Such other factors which are relevant to the purposes of this division.

(B)

No variance shall be granted for any proposed use, development or activity within any floodway district, except in full compliance with all of the following requirements:

1.

The variance will not cause any increase in flood levels during the 100-year flood. (Appropriate documentation from a registered engineer must be submitted which substantiates the impact on flood heights, velocities and flows through hydrologic and hydraulic analyses and calculations.) If the variance involves any alterations or relations to a floodway or its channel, such alterations or relocations shall also be approved as required by law.

(C)

The Board of Zoning Appeals shall notify the applicant for a variance(s) in writing that the issuance of a variance(s) to construct a structure below the 100-year flood elevation:

1.

Increases the risks to life and property; and

2.

Will result in increased premium rates for flood insurance.

(A)

A record of the notification, as well as all variance actions, including justification for their issuance, shall be maintained, and any variances which are issued shall be noted in the annual report submitted as required by law.

(B)

Variances may be issued for the reconstruction, rehabilitation or restoration of structure listed on the National Register of Historic Places or the state landmarks register without regard to the procedures set forth in this section.

(C)

Requirements for granting a variance within the floodplain shall be as follows:

1.

The failure to grant the variance would result in exceptional hardship to the applicant;

2.

The variance will be the minimum relief to any hardship; and

3.

The granting of such variance will not result in:

a.

Unacceptable or prohibited increases in flood heights;

b.

Additional threats to public safety;

c.

Nuisances;

d.

Fraud or victimization of the public; or

e.

Conflicts with local laws or ordinances.

4.

The applicant has shown a good and sufficient cause to justify the variance.

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

(A)

The degrees of flood protection sought by the provisions of this division is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by manmade or natural causes, such as ice jams and bridge openings restricted by debris. These provisions do not imply that areas outside the floodplain districts, or that land uses permitted within such districts, will be free from flooding or flood damages.

(B)

The provisions of this division shall not create liability on the part of the city or any office or employee thereof for any flood damages that result from reliance on this division or any administrative decision lawfully made thereunder.

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

(A)

The intent of the Planned Unit District (PUD) is to encourage maximum flexibility in the design and development of land. PUD developments facilitate the adequate and economical provision of streets, utilities and other improvements, and allow for the management of the natural and scenic qualities of vacant land that is proposed for development. The PUD district allows a variety of housing options, as well as commercial, civic and office use types of a number and scale sufficient to serve the needs of the PUD residents.

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

(A)

Applications for planned unit districts may propose any residential, civic, and/or commercial use type as part of a planned unit district. All land uses proposed shall be shown on the preliminary and final master plans. as required by this chapter.

(B)

All use types proposed shall be reviewed by the Commission and Council pursuant to the provisions of this chapter. No use type may be allowed within the planned unit district unless approved by Council as part of the final master plan.

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

(A)

Each planned unit development shall be subject to the following development standards.

1.

Maximum gross density: Maximum gross density allowable in the planned unit district shall be established by Council by approval of the final master plan.

2.

Minimum common open space and/or recreational areas: 15 percent of the gross area of the planned unit district.

3.

Criteria for all required open space:

a.

Minimum countable open space: 5,000 contiguous square feet

b.

Minimum horizontal dimension: 50 feet, except that areas with a horizontal distance of not less than 20 feet shall be counted as open space provided such areas contain facilities such as, but not limited to, bikeways, exercise trails, tot lots, gazebos, picnic tables, etc.

c.

Common open space shall not include proposed street rights-of-way, open parking areas, or driveways.

d.

All common open space and/or recreational areas shall be of an appropriate nature and location to serve the residents of the planned unit district.

4.

The maximum area devoted to civic, office and commercial use types shall be established by Council by approval of the final master plan.

a.

Commercial and office uses types shall be located, and shall be of a scale and location suitable to serve the needs of the residents of the planned unit district convenience.

b.

Commercial, office, and civic use types shall be screened and landscaped so as to be compatible with adjoining residences.

c.

Construction of commercial, office and civic use types shall not begin until 20 percent of the residential units of the total planned unit district have been completed.

5.

Minimum setback requirements shall be specifically established during the review and approval of the preliminary and final master plans. The following guidelines shall be used in establishing the building spacing and setbacks:

a.

Building spacing shall provide privacy within each dwelling unit;

b.

Building spacing shall ensure that each room has adequate light and air;

c.

Areas between buildings used as service yards, storage of trash, or other utilitarian purposes should be designed so as to be compatible with adjoining dwellings;

d.

Building spacing and design shall provide privacy for outdoor activity areas (patios, decks, etc.) associated with individual dwelling units.

6.

Streets in the planned unit district may be public in accordance with VDOT and city standards or may be private. In reviewing the planned unit development preliminary master plan, the commission may recommend, and the Council may approve, one or more private streets within the proposed district

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

(A)

Prior to submitting a formal application for review and approval under these provisions, the applicant shall meet with city staff to discuss the requirements of the planned unit district. The purpose of the meeting is to obtain a mutual understanding of the application requirements and process. The applicant is encouraged to submit information on the scope and nature of the proposal to allow staff to become familiar with the proposal in advance of this meeting.

(B)

Any application to rezone land to the PUD designation, shall constitute an amendment to the zoning ordinance. The written and graphic information submitted by the applicant as part of the application process shall constitute conditional zoning proffers. Once the Council has approved the final master plan, all accepted proffers shall constitute conditions pursuant to the provisions of this chapter.

(C)

To initiate an amendment, the applicant shall complete a rezoning application. This information shall be accompanied by graphic and written information, which shall constitute a preliminary master plan. All information submitted shall be of sufficient clarity and scale to clearly and accurately identify the location, nature, and character of the proposed district. At a minimum this information shall include:

1.

A legal description and plat showing the site boundaries, and existing street lines, lot lines, and easements.

2.

Existing zoning, land use and ownership of each parcel proposed for the district.

3.

A general statement of planning objectives to be achieved by the PUD district, including a description of the character of the proposed development, the existing and proposed ownership of the site, the market for which the development is oriented, and objectives towards any specific manmade and natural characteristics located on the site.

4.

A description and analysis of existing site conditions, including information on topography, natural water courses, floodplains, unique natural features, tree cover areas, etc.

5.

A land use plan designating specific use types for the site, both residential and non-residential use types, and establishing site development regulations, including setback, height, building coverage, lot coverage, and density requirements.

6.

A circulation plan, including location of existing and proposed vehicular, pedestrian, bicycle, and other circulation facilities and location and general design of parking and loading facilities. General information on the trip generation, ownership and maintenance and proposed construction standards for these facilities should be included. A traffic impact analysis may be required by the administrator.

7.

A public services and utilities plan providing requirements for and provision of all utilities, sewers, and other facilities to serve the site.

8.

An open space plan, including areas proposed for passive and active recreational uses, natural and undisturbed areas, and proposed buffer areas proposed around the perimeter of the site. Information on the specific design and location of these areas and their ownership and maintenance should be included.

9.

Generalized statements pertaining to any architectural and community design guidelines shall be submitted in sufficient detail to provide information on building designs, orientations, styles, lighting plans, etc.

10.

A development schedule indicating the location, extent and sequence of proposed development. Specific information on development of the open space, recreational areas, and non-residential uses should be included.

(D)

The completed rezoning application and supporting preliminary master plan materials shall be submitted to the planning commission for review and analysis. The commission shall review this information and make a report of its findings to the Council. The commission shall as part of its review hold a public hearing pursuant to § 15.2-2204 of the Code of Virginia, as amended.

(E)

The commission shall make a report of its findings to the Council within 90 days of the receipt of the materials, unless the applicant requests, or agrees to an extension of this time frame. The commission's report shall recommend approval, approval with modifications, or disapproval of the preliminary master plan. Failure of the commission to make a report of its findings to the Council within this period shall constitute a commission recommendation of approval.

(F)

If the commission recommends denial of the preliminary master plan, or approval with modification, the applicant shall, if requested, have 60 days to make any modifications. If the applicant desires to make any modifications to the preliminary master plan, the council's review and action shall be delayed until such changes are made and submitted for review.

(G)

The Council shall review the preliminary master plan, and act to approve or deny the plan within 90 days. Approval of the preliminary master plan shall constitute acceptance of the plan's provisions and concepts as proffers pursuant to the provisions of this chapter. The plan approved by the Council shall constitute the final master plan for the PUD.

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

(A)

Major revisions to the final master plan shall be reviewed and approved following the procedures and requirements for zoning map amendments contained in section 106-520 of this chapter. Major revisions include, but are not limited to changes such as:

1.

Any increase in the density of the development;

2.

Substantial change in circulation or access;

3.

Substantial change in the mixture of dwelling unit types included in the project;

4.

Substantial changes in the mixture of land uses or an increase in the amount of land devoted to non-residential purposes;

5.

Reduction in the approved open space, landscaping or buffering;

6.

Substantial change in architectural or site design features of the development;

7.

Any other change that the administrator finds is a major divergence from the approved final master plan

(B)

All other changes in the final master plan shall be considered minor amendments. The administrator, upon receipt of a written request of the owner, may approve such minor amendments.

1.

A request which is disapproved by the administrator shall be considered a major amendment and shall be subject to the approval process outlined above for such amendments.

(A)

Following the approval of the final master plan, the applicant or its authorized agent, shall be required to submit preliminary and final site plans for approval.

(B)

It is the intent of this section that subdivision review under the subdivision regulations be carried out simultaneously with the review of a PUD under this section. The plans required under this section shall be submitted in a form which will satisfy the requirements of the subdivision regulations, as determined by the administrator.

(C)

Preliminary and final site plans submitted for review shall in compliance with the final master plan approved by the Council. The city shall review and approve or disapprove any final site plan within 60 days of its submittal.

(D)

No PUD shall be approved and no work shall be authorized on construction until all property included in the Final Master Plan is in common ownership.

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

(A)

Failure of the applicant or agent to submit a preliminary site plan for at least one portion of the PUD within five years of the approval of the final master plan, shall constitute an application on the part of applicant to rezone the land included within the PUD to the zoning district or districts applicable to the land prior to the approval of the PUD.

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

(A)

It is the intent of the Urban Forest Overlay District to promote healthy tree canopies within the City of Salem. The standards contained in this district help to increase both the number and size of trees in new development. These types of plants are important to maintaining general health as they reduce temperatures caused by urban heat islands, absorb carbon dioxide and other pollutants, and emit oxygen. This ordinance shall not apply to parcels zoned RSF or RMF.

(A)

Urban Forest Overlay Districts shall include all parcels with frontage on one or more of the following roads:

1.

West Main Street—Between 4th Street and the Western City Limits.

2.

East Main Street—Between Thompson Memorial and Route 419.

3.

Route 419.

4.

Apperson Drive.

5.

4th Street—Between West Main Street and Union Street.

6.

Wildwood Road.

7.

Thompson Memorial Drive.

(A)

Development regulations within the Urban Forest Overlay District shall be as specified in the underlying zoning districts, with the following additions:

1.

A minimum of one tree, selected from section 106-230.9, per acre. Approved tree species in the Urban Forest Overlay District, shall be planted within the interior parking lot. Development on less than one acre shall also contain a minimum of one tree. No development shall be required to have more than five trees. Where multiple trees are required, a mix of different species from the list is encouraged.

2.

In addition to item 1., when a new, expanded, or reconfigured parking area is required or proposed adjacent to a public street rights-of-way, one tree selected from section 106-230.9, approved tree species in the Urban Forest Overlay District shall be planted at 100 foot intervals, starting at the designated rights-of-way intersection, in order to maximize the beneficial environmental effects. All trees shall be planted ten feet behind the curb with a minimum eight foot radius landscaped area surrounding it. This requirement may be modified to allow for ingress and egress areas, signage or for other reasons at the discretion of the administrator. A list of planting locations shall be kept in the department of inspections and zoning.

3.

All approved trees shall have a minimum caliper of three inches dbh (diameter at breast high) at the time of planting, be trained to a central leader, and have a minimum height of five feet.

4.

Non-approved tree species may be used at the discretion of the administrator.

5.

The locations of tree plantings may be left to the developer, but must be approved during the site plan review process.

6.

The preservation of appropriate existing mature trees is encouraged and may count towards the required number of trees at the discretion of the administrator.

(A)

All trees shall be locally adapted to the area and shall meet the specifications for the measurement, quality, and installation of trees outlined in this chapter.

(B)

Landscaping shall not obstruct the view of motorists using any street, private driveway, parking aisles or the approach to any street intersection so as to constitute a traffic hazard or a condition dangerous to the public safety upon any such street, driveway, parking aisle, or street intersection. Required sight distances shall apply to street trees. Larger trees with a central leader should be limbed up a minimum of eight feet for visibility and access. Trees with multiple leaders should be thinned. Any sight obstruction determined by the administrator shall be corrected immediately.

(C)

The owner shall be responsible for the perpetual maintenance and protection of all trees required by this ordinance.

(D)

Replacement of trees is permitted and shall be in accordance with the applicable provisions of this ordinance. Dead, unhealthy, or misshapen trees shall be replaced immediately by the owner.

(E)

Maintenance includes actions necessary to keep trees neat and orderly in appearance and free of litter and debris. Pruning of trees shall be done in a manner that preserves the character of the tree and is not detrimental to the health of the tree.

(F)

The administrator shall have the authority to enforce the requirements of this ordinance.

_____

(A)

These tree species have been selected to grow to a minimum height of 20 feet and for other criteria such as absorption of ozone or particulate matter.

Approved trees: (NOTE: pH and soil samples are strongly recommended before selecting a particular species.)

(Ord. of 2-11-08)

_____

(A)

It is the intent of the industrial park overlay district to recognize that industrial land is a scarce and valuable resource within the City of Salem. The standards contained in this district allow for land to be used with maximum intensity, while also recognizing the need to buffer surrounding areas and street frontage.

(Ord. of 1-23-2012)

(A)

Industrial park overlay districts shall include all parcels with frontage on one or more of the following streets:

1.

The portion of Salem Industrial Drive south of the railroad right-of-way.

(Ord. of 1-23-2012)

(A)

Notwithstanding the requirements of article IV, herein, the development regulations within the industrial park overlay district shall be as specified in the underlying zoning districts, with the following exceptions:

1.

The front yard setback shall be a minimum of eight feet from the street right-of-way. For parcels adjacent to the Roanoke River, the rear yard setback shall be a minimum of eight feet from normal high water elevation.

2.

For parcels adjacent to the Roanoke River, an eight-foot landscape buffer yard from normal high water elevation shall be established and reserved for natural vegetation.

3.

When parcels abut a different zoning classification, a 15-foot buffer yard with two rows of large evergreen trees shall be planted within the buffer.

4.

No perimeter landscaping as required under section 106-402.7 between parking areas and adjacent properties is required for parking lots with fewer than 100 parking spaces.

5.

Planting islands at the ends of parking rows are not required for parking lots with fewer than 100 parking spaces.

6.

Regardless of the number of parking spaces, rows of more than 20 parking spaces shall be broken up with an island containing at least one tree.

7.

Front yard setbacks shall be professionally designed and landscaped with a combination of evergreen shrubs and deciduous trees. The required number of shrubs shall be a minimum of one shrub per 25 linear feet of frontage. The required number of deciduous trees shall be a minimum of one tree per 100 linear feet of frontage. These plantings may be grouped with the approval of the administrator.

8.

Each parcel shall have a minimum of one canopy tree, as defined in section 106-230.9, per 100 parking spaces. For parcels containing fewer than 100 parking spaces, a minimum of one such tree shall be provided. These trees shall be located within large planting areas so as to shade parking areas or buildings.

9.

Stormwater areas may be landscaped with bog plants, or as rain gardens, in conjunction with city stormwater regulations. Stormwater areas may include appropriately adapted trees or plants, which may count towards the overall landscaping requirements.

10.

Structures that encroach into the front setback at the time of the adoption of this ordinance are exempt from the provisions of section 106-402.23(4). However all other requirements of section 106-402.23 are in full force and effect, as well as the requirements in section 106-526.

(Ord. of 1-23-2012)

(A)

The owner shall be responsible for the perpetual maintenance and protection of all landscaped areas required by this ordinance.

(B)

Replacement of trees is permitted and shall be in accordance with the applicable provisions of this ordinance. Dead, unhealthy, or misshapen trees shall be replaced immediately by the owner.

(C)

Maintenance includes actions necessary to keep trees neat and orderly in appearance and free of litter and debris. Pruning of trees shall be done in a manner that preserves the character of the tree and is not detrimental to the health of the tree.

(D)

The administrator shall have the authority to enforce the requirements of this ordinance.

(Ord. of 1-23-2012)