(A)

The standards contained in Article II District Regulations shall apply to all of the following use types, unless specifically modified and/or superceded by the use and design standards in this article.

(B)

The standards listed as general standards shall apply in all zoning districts in which the use type is permitted, either by right or by-special use.

(C)

Where a specific zoning district is indicated, the use and design standards listed in this article shall apply to that zoning district, and shall be in addition to any general standard for that use.

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

(A)

General standards:

1.

Commercial uses such as gift shops and restaurants associated with viticulture operations shall only be allowed by special exception permit.

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

(A)

General standards:

1.

At least 50 percent of the products offered for sale at the farm stand shall be produced on the site of the stand or on contiguous property.

2.

Ingress and egress to the site of the farm stand shall be clearly delineated, and the location and design of such shall be approved by the City of Salem.

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

(A)

General standards:

None.

(B)

Stables shall comply with the following standards in RSF districts:

1.

Minimum lot size: Two acres.

2.

On lots less than five acres no more than one stable animal per acre shall be permitted.

3.

Corrals shall comply with setback requirements for accessory structures.

4.

Stables shall manage animal waste so as not to create a nuisance or health hazard to adjoining or nearby properties.

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

(A)

General standards:

1.

An accessory apartment shall only be considered accessory to a detached single family dwelling.

2.

At the completion of construction, no accessory apartment shall contain more than 40 percent of the finished floor area of the principal dwelling.

3.

No accessory apartment shall contain less than 300 square feet of finished floor area, or more than 1,000 square feet of finished floor area.

4.

Only one accessory apartment shall be allowed per lot or per principal dwelling.

5.

The owner of the principal dwelling shall reside on the property and the accessory apartment shall only be occupied by a family member of the owner of the principal dwelling.

6.

No separate utility services shall be allowed for the accessory apartment.

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

(A)

General standards:

1.

All family day care homes shall comply with the Minimum Standards for Family Day Care Homes established by the Virginia Department of Social Services, as may be amended.

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

(A)

Intent: These standards for home occupations are established in recognition that certain small scale business activities may be appropriate as an accessory use to a residential dwelling. The character and scale of the business activity must be clearly minor and subordinate to the principal use of the property as a residence.

(B)

General standards:

1.

All home occupations shall be operated by the resident occupants of the dwelling that is the location of the home occupation.

2.

Only residents of the dwelling shall be engaged in the home occupation activity. No other employees shall be allowed at the site of the home occupation.

3.

No dwelling used for a home occupation shall be altered or used in any manner that would cause the dwelling to differ in character from a residential use.

4.

No retail or wholesale sales shall be permitted as part of any home occupation except e-commerce businesses conducted solely online. No customers may "shop" at the location of the home occupation.

5.

Lessons in the fine arts (dance, music, art), or tutoring shall be allowed as a home occupation provided the total number of students shall not exceed six per day. Any other type of client shall also be limited to six per day.

6.

The care of up to a maximum of four children or three adults (not including provider's own family, or the tutoring of up to five individuals shall be permitted as a home occupation.

7.

No signage shall be allowed. No advertising associated with the home occupation shall direct clients to the location of the home occupation.

8.

The home occupation shall not require the use or storage of hazardous or toxic materials and no such material shall be associated with the home occupation.

9.

There shall be no external storage of equipment or materials associated with the home occupation, and there shall be no external evidence of the existence of the home occupation on the property. One vehicle associated with the home occupation shall be allowed, provided the vehicle is of a type and scale otherwise permitted by this chapter. The applicant is required to have on-site parking for any vehicles used in conjunction with the home occupation. On-street parking shall not be allowed.

10.

The volume and characteristics of traffic associated with the home occupation shall be consistent with the volume and characteristic of traffic associated with dwellings in the general area.

11.

The home occupation shall not involve the commercial delivery of materials or products to or from the premises. Incidental deliveries common to residential dwellings shall be permitted.

12.

More than one home occupation may be located within a single dwelling provided the level of activity associated with all the home occupations, when considered together, does not violate any of these general standards.

(C)

Application process:

1.

The administrator shall be responsible for reviewing all applications for home occupations.

2.

Applicants for home occupations shall complete a home occupation application and in doing so shall indicate compliance with the intent of these regulations and the general standards contained herein.

3.

If the administrator believes that a proposed home occupation will comply with the intent and general standards contained herein, the application for the home occupation shall be approved.

4.

If the administrator believes that a proposed home occupation will not comply with the intent and general standards contained herein, the administrator shall notify the applicant of the changes necessary to achieve compliance with these provisions. If the applicant disagrees with the opinion of the administrator, the administrator may, and at the request of the applicant shall, refer the application to the Commission and Council which shall review the application as a special exception pursuant to the provisions of this chapter.

(D)

Renewals:

1.

All approved home occupations shall be granted for a period of 12 months. Renewal of the home occupation permit will be included with the City of Salem business license renewal process.

2.

Except as provided below, the administrator may review all renewal requests and shall approve all requests that are consistent with these standards. The administrator may approve renewals of home occupations approved by Council, provided the home occupation has not changed in character or scale from that approved by Council, and is being operated in accordance with these provisions.

3.

If a home occupation is operated in violation of these standards at any time during any 12-month period, the administrator shall not have the authority to renew the application and shall refer the application to the Commission and Council which shall review the application as a special exception pursuant to the provisions of this chapter.

(E)

Enforcement:

1.

The administrator shall have the authority to require compliance with these provisions. When, in the opinion of the administrator, an operator of a home occupation violates the home occupation standards contained herein, the administrator shall require compliance pursuant to the procedures contained in section 106-514.

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

(A)

These regulations are adopted in recognition that temporary emergency housing options may be necessitated by fire, flood, or other unforeseen and sudden acts of nature.

(B)

General Standards:

1.

The city council may authorize the emergency use of a manufactured home on a lot if the building official certifies that the permanent dwelling on the lot has been lost or destroyed by a fire, flood, or other unforeseen and sudden acts of nature, and as a result in uninhabitable.

2.

Only one emergency manufactured home shall be permitted on a lot of record. It shall be located on the same lot as the destroyed dwelling, and must be occupied only by the person or family whose dwelling was destroyed.

3.

The emergency manufactured home shall meet all setback and yard requirements for the district in which it is located. It shall be anchored and stabilized in accordance with applicable building code provisions.

4.

The emergency manufactured home must be removed as soon as reconstruction or replacement of the uninhabitable dwelling is complete, or within a 12-month period of its placement on the site, whichever is sooner. A one time extension of up to six additional months may be granted by the city council if substantial reconstruction of the destroyed dwelling has occurred and work has, and is continuing to progress. No final certificate of occupancy for the reconstructed dwelling shall be issued until the emergency manufactured home is removed from the site.

(C)

Where the President of the United States has declared a federal disaster, the city council may authorize the placement of temporary manufactured homes supplied by the Federal Emergency Management Agency (FEMA) to disaster victims who lost their homes. In such cases all local zoning and building code requirements shall be waived in favor of FEMA standards.

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

(A)

Approval Process:

1.

Manufactured home parks shall only be allowed in Manufactured Home Park Districts (MHP).

2.

All requests for MHP districts shall be considered conditional rezoning requests and shall require an amendment to the official zoning map pursuant to the provisions of this chapter.

3.

If council approves a new or expanded MHP district the applicant shall submit a site plan in accordance with section 106-400 of this chapter. The submitted site plan shall be approved by the city prior to commencing development of the park.

(B)

General Standards:

1.

The minimum lot size for any new or expanding park shall be ten acres.

2.

Any new or expanding park shall have a minimum of 50 feet of frontage on a public street.

3.

Any new or expanding park shall have a minimum lot width of 50 feet at the adjacent public street, and any portion of the park devoted to the placement of manufactured homes shall have a minimum lot width of 100 feet.

4.

Public water and sewer service shall be provided to all residential lots and accessory uses within any new or expanding manufactured home park.

5.

No portion of any new or expanded manufactured home park shall be located within any floodplain overlay district.

(C)

Density and Individual Lot Requirements:

1.

The maximum density of any new or expanding park shall be ten manufactured home units per acre.

2.

New individual lots devoted to the placement of manufactured homes shall have a minimum area of 3,000 square feet and a minimum width of 30 feet.

3.

Each manufactured home lot shall have a pad constructed for the placement of the manufactured home. Each pad constructed shall be located to allow the placement of a manufactured home in full compliance with the area, lot and setback requirements contained herein.

4.

Each manufactured home shall be anchored to the pad in accordance with applicable building code requirements.

5.

Each manufactured home shall be skirted with a durable material within 30 days of placement of the manufactured home on the site.

(D)

Setback Requirements: Manufactured homes on new individual lots within any new or expanded manufactured home park shall comply with the following minimum requirements:

1.

Front Yard: 20 feet from any street or driveway interior to the park; 30 feet from any perimeter street or driveway.

2.

Side Yard: Five feet.

3.

Rear Yards: Ten feet.

(E)

Open Space and Recreational Areas:

1.

Any new or expanded manufactured home park shall devote a minimum of ten percent of the area of the park to recreational and open space uses.

2.

Areas of the park devoted to individual lots, streets, driveways, parking areas, and/or office or laundry facilities shall not be counted as open space or recreation areas.

3.

Open space and recreation areas may be passive or active. No area shall have a contiguous size of less than 5,000 square feet. The location and character of open space and recreation areas should be appropriate to meet the needs of park residents and shall include such facilities as recreation centers, swimming pools, athletic courts, bikeways, walking trails, picnic areas, tot lots and other similar facilities.

(F)

Management Offices and Resident Services Facilities:

1.

An office area devoted solely to the management of the park shall be allowed within the park.

2.

A convenience store, located within the building occupied by the management office, and designed to serve only the daily needs of the park residents may be located within the park. No signage associated with this use shall be allowed on the outside of this building, or be visible from any property or road outside the park.

3.

Management provided laundry and storage facilities shall be allowed within the park, provided these facilities are designed and located to primarily serve the needs of park residents. These facilities may be located within the management office building, or may be located elsewhere in the park.

(G)

Streets and Parking:

1.

Private streets and driveways shall be allowed within the manufactured home park. All private streets and driveways shall be paved.

2.

Each manufactured home shall be provided a minimum of two parking spaces. These spaces may be located on the individual manufactured home lots, or may be located within common parking areas that are in a location convenient to the individual lots. The surface material of all parking areas shall be established by the city as part of the approval of the MHP District.

3.

In addition to the above, parking spaces shall be provided for the management office and all resident services facilities.

(H)

Status of Existing Parks:

1.

In manufactured home parks established prior to the adoption of these provisions, individual manufactured homes on existing lots may be removed and replaced, provided the replacement home is located in approximately the same location as the home removed.

(Ord. of 3-14-05(2); Ord. of 8-22-2016(3))

(A)

Intent: The following minimum standards are intended to create a safe and healthy multi-family living environment Setback and density regulations have been established to insure an adequate separation between buildings

(B)

General Standards:

1.

Applicants for multi-family developments shall submit a site plan in accordance with section 106-400 of this chapter. The submitted site plan shall be approved by the city prior to commencing development of the site.

2.

The following minimum lot areas shall be required for all multi-family dwelling units. The listed square footage requirements shall be in addition to a base minimum lot area of 7,200 square feet.

For the purposes of calculating minimum lot area requirements, any room, other than a living room, dining room or area, kitchen or bathroom, that could be used for sleeping purposes shall be counted as a bedroom.

3.

All multi-family dwellings shall be served by public water and sewer.

(C)

Additional Standards in RMF and RB Districts:

1.

A minimum 40 foot separation shall be provided between buildings containing multi-family dwellings. This minimum separation may be reduced to 20 feet if both facing walls contain no windows, doors or balconies, or the corners of adjacent buildings are at right angles to one another.

2.

Any new or expanded multi-family use containing over 20 units shall devote a minimum of ten percent of the area of the development to recreational and open space uses.

3.

Open space and recreation areas may be passive or active. The location and character of open space and recreation areas should be appropriate to meet the needs of residents and shall include such facilities as recreation centers, swimming pools, athletic courts, bikeways, walking trails, picnic areas, tot lots and other similar facilities.

(D)

Additional Standards in DBD and TBD Districts:

1.

The multi-family use shall be allowed only in the same structure as an office or commercial use type.

2.

The office or commercial use type must occupy at least 50 percent of the gross floor area of the structure.

3.

Multi-family units on the first floor shall be permitted provided that no such unit shall have frontage on Main Street, Broad Street, Market Street, Academy Street, Union Street, or College Avenue.

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

(A)

Standards in DBD and TBD Districts:

1.

The attached single family dwellings shall be allowed only in the same structure as an office or commercial use type.

2.

The office or commercial use type must occupy at least 50 percent of the gross floor area of the structure

3.

Attached single family dwellings on the first floor shall be permitted provided that no such units shall have frontage on Main Street, Broad Street, Market Street, Academy Street, Union Street, or College Avenue.

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

(A)

Single family dwellings shall contain a minimum of 600 square feet.

(B)

Standards in DBD and TBD Districts:

1.

Single family dwellings shall be allowed only in the same structure as an office or commercial use type.

2.

The office or commercial use type must occupy at least 50 percent of the gross floor area of the structure.

3.

Single family dwellings on the first floor shall be permitted provided that no such units shall have frontage on Main Street, Broad Street, Market Street, Academy Street, Union Street, or College Avenue.

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

(A)

Intent: The following minimum standards are established in recognition that common-wall single-family dwellings on individual lots of record are a viable housing alternative to conventional detached single-family dwellings. These standards are intended to allow flexibility in unit arrangements, unit size and yard space, thereby allowing the creation of efficient and economical housing arrangements.

(B)

Townhouse Development Standards: The following minimum standards refer to the overall design of the site, and not to individual townhouse lots.

1.

Applicants for townhouse developments shall submit a site plan in accordance with section 106-400 of this chapter. The site plan shall include a master plan that defines the entire townhouse development. The party submitting the site plan shall not commence development until the plan has been approved by the city. Approval of a final subdivision plat, pursuant to the provisions of the Salem Subdivision Ordinance is required prior to the sale of any townhouse lot.

2.

The minimum development size for any townhouse development shall be 15,000 square feet. The maximum density of any townhouse development shall be ten dwelling units per acre.

3.

The minimum frontage for a townhouse development shall be 60 feet on a public street.

4.

Along public rights-of-way, the setback for the townhouse groupings shall be as specified in article II. Setback areas shall be free of all physical improvements, including parking areas, except for the following:

Pedestrian walkways and sidewalks.

Privacy fences in rear yards.

Accessory buildings in rear yards.

Retaining walls.

5.

When buffer yards are required between zoning districts of different intensities, plantings shall be installed as specified in the 25-foot, or greater, buffer yard requirement found in section 106-402.3. No individual townhouse lot lines shall extend into any required landscape buffer.

6.

A minimum 25-foot setback shall be established between townhouse groupings and adjacent properties that are zoned AG or RSF. Setbacks between townhouse groupings and adjacent properties of other zoning classifications shall meet the requirements of the underlying zoning district for the property. Where required, this area shall be professionally landscaped with a combination of trees and shrubs, and shall remain free of all physical improvements, including parking areas, except for:

a.

Pedestrian walkways and sidewalks.

b.

Privacy fences in rear yards.

c.

Accessory buildings in rear yards.

d.

Retaining walls.

7.

No townhouse unit shall have a private driveway connecting to a public street.

8.

All townhouse developments shall be served by public water and sewer.

9.

A homeowners' association shall be created for each townhouse development. The homeowners' association shall be responsible for the perpetual maintenance of all commonly owned areas and facilities including, but not limited to, open space, required buffer yards, common areas, private streets and parking areas, and stormwater management facilities within the townhouse development.

(C)

Minimum Townhouse Lot Requirements:

1.

Individual townhouse lots may front on either public or private streets, parking areas, or other commonly-owned areas within the development.

2.

There shall be no minimum lot size for individual townhouse lots. Each townhouse lot shall be large enough to accommodate the footprint of the unit, any required yards, and any amenities intended for the exclusive use of that unit, such as private parking areas or patios. No required townhouse yard may contain any parking area not intended for the exclusive use of that unit. Individual townhouse lots may extend into the 25-foot landscaped setback at the perimeter of the development, however they may not extend into any required buffer yard.

3.

The minimum width for any townhouse unit shall be 16 feet.

(D)

Minimum Townhouse Yard Requirements:

1.

Townhouse Unit:

Front Yard:

(a)

The minimum front yard for any townhouse unit fronting on a public street shall be as specified in article II, District Regulations.

(b)

The minimum front yard for any townhouse unit not fronting on a public street shall be ten feet.

Rear Yard: The minimum rear yard shall be ten feet.

Side Yard for End Units: The minimum side yard for end units shall be ten feet.

(E)

Maximum Height of Structures:

1.

The maximum height of any townhouse unit shall be three stories or 45 feet.

(F)

Maximum Building Size:

1.

Accessory Structures: No accessory building shall exceed 100 square feet in size.

(G)

Grouping of Townhouses:

1.

Townhouses shall be attached in groups of three to 12.

2.

The facades of townhouses shall be varied by staggered front yards and variations in design and materials. No more than four abutting townhouses shall have the same front yard depth and the same architectural treatment of facades and roof lines. The front yard stagger, when required, shall be a minimum of two feet.

3.

All townhouses shall be arranged such that only the front or side of any unit shall face a public street. If site characteristics require that the backs of townhouses face a public street, then vegetative screening shall be required per the provisions of this chapter. Such vegetative screening shall be located within a common area, and not on any townhouse lot.

4.

A minimum 40-foot separation shall be provided between groupings of townhouse units. This minimum separation may be reduced to 20 feet if both facing walls contain no windows, doors or balconies.

(Ord. of 3-14-05(2); Ord. of 10-8-2012; Ord. of 2-24-2025(2))

(A)

Standards in DBD and TBD Districts:

1.

The two family dwelling shall be allowed only in the same structure as an office or commercial use type.

2.

The office or commercial use type must occupy at least 50 percent of the gross floor area of the structure.

3.

Two family dwellings on the first floor shall be permitted provided that no such units shall have frontage on Main Street, Broad Street, Market Street, Academy Street, Union Street, or College Avenue.

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

(A)

Safety:

1.

Any property to be utilized for short-term rental shall have a life safety inspection performed by the Division of Building Inspections prior to occupancy.

2.

Minimum guest room size of 70 square feet per guest.

3.

Only owner-occupied dwellings may be utilized as a short-term rental.

B.

Registry:

1.

Any property to be utilized for short-term rental shall obtain a zoning permit.

2.

Prior to offering any property for short-term rental, each operator shall register in accordance with Chapter 22, Businesses, of the city code.

C.

Rental period:

1.

Minimum stay of 24 hours

2.

Maximum stay of seven days

D.

Parking:

1.

Must provide onsite parking

2.

No parking of recreational vehicles, buses, trailers, or the like, in association with a short-term rental

E.

Signage: none allowed

(Ord. of 12-11-2023(2))

(A)

General standards:

1.

Minimum parcel size: Five acres.

2.

No internment shall occur within 25 feet of the property line.

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

(A)

Any outdoor activity area, swimming pool or ball field or court that adjoins a residential use type shall be landscaped with one row of small evergreen trees in accordance with section 106-402 of this chapter.

(A)

General standards:

1.

A site plan as required by this chapter shall be submitted and approved prior to the commencement of any new construction or enlargement of an educational facility. The administrator may waive this site plan requirement if the total increase in the impervious area resulting from this construction or enlargement is less than 3,000 square feet.

2.

Screening and buffering for educational facilities shall be provided as required by the provisions found in section 106-402 of this chapter.

(B)

Standards in the DBD District:

1.

Educational facilities, college/university shall be allowed only on floors above the ground floor and in the same structure as a commercial use type except for parcels fronting Clay Street between Thompson Memorial Avenue and North Market Street. These parcels may allow educational facilities, college/university on any floor.

2.

The commercial use type must occupy at least the first floor of the structure, and should be configured to be pedestrian friendly.

(C)

Standards in the CUD District:

1.

Educational facility buildings shall be setback a minimum of 30 feet from any street, and shall be setback a minimum of ten feet from adjoining property lines.

2.

Educational facility buildings shall have a maximum height of 45 feet. However, this maximum height may be increased up to a maximum height of 70 feet provided the minimum setback of the building is increased by one foot for each foot of additional height above 45 feet.

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

Standards in the DBD District for administrative services:

1.

Administrative services shall be permitted only on floors above the ground floor and in the same structure as a commercial use type for parcels fronting:

(a)

Main Street between Thompson Memorial Drive and Academy Street;

(b)

College Avenue between Clay Street and Thompson Memorial Drive; and

(c)

North Market Street.

2.

Commercial use types must occupy at least the first floor of the structure, and should be configured to be pedestrian friendly.

(Ord. of 5-14-2018(1))

Standards in the DBD District for office use types:

1.

Office use types shall be permitted only on floors above the ground floor and in the same structure as a commercial use type for parcels fronting:

(a)

Main Street between Thompson Memorial Drive and Cherry Alley on the south side of Main and the west side of Tax Map # 105-5-4 on the north side of Main;

(b)

College Avenue between Clay Street and Thompson Memorial Drive; and

(c)

North Market Street.

2.

Commercial use types must occupy at least the first floor of the structure, and should be configured to be pedestrian friendly.

(Ord. of 4-9-2018(3); Ord. of 6-14-2021(4))

(A)

General standards:

1.

No outpatient mental health and substance abuse clinic may be constructed, developed or operated within 1,000 feet of any other such outpatient mental health and substance abuse clinic.

2.

No outpatient mental health and substance abuse clinic may be constructed, developed or operated within 500 feet of a residentially zoned district, or within 500 feet of property occupied or used for an educational facility, place of religious assembly, public park and recreation area or day care center.

3.

A special exception permit, granted by city council, shall be required prior to the construction, development, or operation of any outpatient mental health and substance abuse clinic.

4.

The "establishment" of an outpatient mental health and substance abuse clinic as referred to in this section includes the opening of such business as a new business, the relocation of such business, the enlargement of such business in either scope or area, or the conversion, in whole or part, of an existing business to an outpatient mental health and substance abuse clinic.

(Ord. of 9-13-2010(5))

(A)

General standards:

1.

Outdoor display areas in conjunction with automobile sales shall be constructed of the same materials required for off-street parking areas as required by section 106-404 of this chapter.

2.

A perimeter landscaping strip and landscaping shall be provided as required by section 106-402 of this chapter.

3.

The storage and/or display of motor vehicles in the perimeter landscaping strip shall be prohibited.

4.

Exterior display or storage of new or used automobile parts is prohibited.

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

(A)

General standards:

1.

Outdoor display areas in conjunction with automobile sales shall be constructed of the same materials required for off-street parking areas as required by section 106-404 of this chapter.

2.

A perimeter landscaping strip and landscaping shall be provided as required by section 106-402 of this chapter.

3.

The storage and/or display of motor vehicles in the perimeter landscaping strip shall be prohibited.

4.

Exterior display or storage of new or used automobile parts is prohibited.

5.

Any vehicle which is missing major mechanical or body parts or have been substantially damaged shall be placed in a storage yard. The storage yard shall be fully screened from public view and shall be set back at least 100 feet from any adjoining residential district.

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

(A)

General standards:

1.

All vehicles stored on the premises in excess of 72 hours shall be placed in a storage yard. The storage yard shall be fully screened from public view and shall be set back at least 100 feet from any adjoining residential district.

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

(A)

General standards:

1.

All day care centers shall comply with the Minimum Standards for Day Care Centers established by the Virginia Department of Social Services, as may be amended, unless specifically exempt from those minimum standards.

2.

Parking areas and access driveways at all day care centers shall be designed to allow for the easy and safe drop off and pick up of center attendees. No day care center shall be allowed that causes congestion, or the disruption of traffic flow on adjacent or nearby streets.

3.

The administrator shall have the authority to require a special exception permit for any day care center, that due to its location and/or parking lot or access driveway design, has the potential to result in congestion, or the disruption of traffic flow on adjacent or nearby streets.

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

(A)

General standards:

1.

The owner or owner's agent shall reside on the same parcel occupied by the homestay inn.

(B)

Additional standards in AG, RMF, and RB districts:

1.

No more than five guest sleeping rooms shall be utilized for a homestay inn. The maximum number of guest occupants at any one time shall not exceed 20 guests.

2.

Any building erected, enlarged or modified to accommodate a homestay inn shall maintain the appearance of a residence. No rooms shall have direct entrance or exit to the outside of the building, except that emergency exits when required by the fire marshal may be provided for emergency purposes only.

3.

Guests may stay no more than 30 consecutive nights in any one calendar year.

4.

Meals shall be provided only to overnight guests and no cooking shall be permitted in guest rooms.

5.

Required parking areas for guests and employees shall be provided on-site.

(Ord. of 3-14-05(2); Ord. of 11-23-09)

(A)

General standards:

1.

A perimeter landscaping strip and landscaping shall be provided as required by section 106-402.

2.

The storage and/or display of manufactured homes in the perimeter landscaping strip required above shall be prohibited.

3.

The storage of used manufactured homes on the premises which are not suitable for occupancy shall be prohibited.

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

(A)

General standards:

1.

The minimum lot size shall be one acre.

2.

The minimum front yard setback shall be 30 feet.

3.

No security fencing, security gate or other obstruction to vehicle access shall be permitted in the required front yard setback or in any buffer yard required pursuant to section 106-402.

4.

All interior driveways shall be at least 26 feet wide when cubicles open onto one side only and at least 30 feet wide when cubicles open onto both sides to accommodate loading and unloading at individual cubicles. Adequate turning radiuses shall be provided, where appropriate, for a 30-foot long single unit truck or moving van. All driveways shall be surfaced pursuant to section 106-404.11.

5.

No door openings for any cubicle shall be constructed facing any residentially zoned property.

6.

The following uses shall be prohibited:

a.

Auctions by tenants, commercial wholesale or retail sales, or miscellaneous or garage sales.

b.

The servicing, repair or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances or other similar equipment.

c.

The operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment.

d.

The establishment of a transfer and storage business.

e.

The storage of flammable, highly combustible, explosive or hazardous materials shall be prohibited.

7.

Outdoor storage areas shall be used for the storage of motor vehicles, trailers, and recreational vehicles only. All outdoor storage areas shall be screened from adjoining properties by a ten foot landscaped area consisting of small evergreen trees and evergreen shrubs in accordance with section 106-402.

8.

Accommodations for a live-in manager shall be permitted.

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

(A)

General standards:

1.

A perimeter landscaping strip and landscaping shall be provided as required by section 106-402.

2.

The storage and/or display of recreational vehicles in the perimeter landscaping strip required above shall be prohibited.

3.

Any recreational vehicle which is missing major mechanical or body parts or has been substantially damaged shall be placed in a storage yard. The storage yard shall be fully screened from public view and shall be set back at least 100 feet from any adjoining residential district.

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

(A)

General standards:

1.

Sexually explicit material shall not be displayed in the windows of adult businesses. Further, adult merchandise as defined in Chapter 58, Section 58-180 shall not be visible from any point outside the establishment.

2.

Signs advertising the adult business and any attention-getting devices shall not display sexually explicit pictures or language.

3.

All off-street parking areas of the adult business shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one foot candle of light on the parking surface and walkways. Adequate lighting shall also be provided for all entrances and exits serving the adult business.

4.

Adult businesses shall not employ any person under the age of 18.

5.

Wide angle mirrors and/or video systems must be used to provide the manager with continuous monitoring of all areas of the establishment.

6.

The owner or operator shall install, operate and maintain a security camera and video tape system designed by a security specialist which shall continuously monitor all exterior entrances and parking areas of the establishment. Such cameras shall provide clear imagery of the establishment's patrons and their vehicles. Tapes recording activities in the areas under surveillances shall be preserved for a period of 12 months. Authorized representatives of the Police Department or the Building Inspections and Zoning Department shall have access to such tapes in accordance with applicable law.

7.

No adult business shall be located within 300 feet of a public or private licensed day care center, educational facilities, primary/secondary, religious assembly, or RSF, RMF, RB, AG, or MHP Districts.

(Ord. of 10-9-06(2))

(A)

General standards:

1.

Such establishments shall include a tasting area, and may include restaurant, retail, and live entertainment uses.

(B)

Standards in DBD and TBD Districts:

1.

Such establishments shall include a tasting area, and may include restaurant, retail, and live entertainment uses.

2.

First floor frontage shall have at least 50 percent transparency from the street, and shall be primarily occupied by non-industrial uses.

(Ord. of 1-25-2016(1); Ord. of 7-10-2017(1))

(A)

General standards:

1.

Such establishments shall include a tasting area, and may include restaurant, retail, and live entertainment uses.

2.

First floor frontage shall have at least 50 percent transparency from the street, and shall be primarily occupied by non-industrial uses.

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

(A)

General standards:

None

(B)

Standards in DBD District:

1.

Hotels, restaurants, microbreweries, and microdistilleries that contain a dance floor of up to 50 percent or less of the total floor area subordinate to the primary use shall be considered an accessory use and not a dance hall for the purposes of this chapter.

(Ord. of 8-14-2017(1))

(A)

General standards:

1.

No retail sale location of tobacco products, nicotine vapor products, alternative nicotine products, or hemp shall be located within 1,000 feet of a child day care center or a public, private, or parochial school.

2.

All windows and doors facing the street right of way shall be maintained as transparent and shall not be tinted or obscured. Smoking, vaping or other related products and paraphernalia shall not be displayed as to be seen from adjacent properties.

(Ord. of 10-28-2024)

(A)

General standards:

1.

A Type C buffer yard shall be required in accordance with section 106-402.

(B)

Additional standards in the LM district:

1.

In considering a special exception permit request for an asphalt plant, in addition to the general standards listed above, the commission and council shall specifically consider and set standards for the following:

a.

The maximum height of any structure and any additional setback requirements necessary to compensate for any increased height.

b.

Specific measures to control dust during the construction and operation of the plant.

c.

Specific levels of noise permitted during the daytime and nighttime operation of the plant, as measured at adjacent property lines, and any additional requirements for the design or operation of the plant intended to reduce noise.

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

(A)

General standards:

1.

Such establishments may also include restaurants, tasting rooms, and retail related to the beverage being produced.

(Ord. of 1-25-2016(1))

(A)

General standards:

1.

Such establishments may also include restaurants, tasting rooms, and retail related to the beverage being produced.

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

(A)

General standards:

1.

An amateur radio tower shall be considered as an accessory structure and shall comply with the minimum setback requirements for the respective zoning district.

2.

More than one tower shall be permitted on a site provided all setback requirements have been met.

3.

Amateur radio towers shall only contain antennae and/or communications equipment that are designed for receiving and transmitting amateur radio signals.

4.

Amateur radio towers shall be illuminated if required by the Federal Aviation Administration (FAA) and the Federal Communications Commission (FCC), but no lighting shall be allowed if not required by either agency.

(B)

In all zoning districts where amateur radio towers are permitted the following additional standards shall apply:

1.

The maximum height permitted by right for an amateur radio tower shall be 75 feet. Any tower which exceeds this height may be permitted only after obtaining a special exception permit in accordance with section 106-524 of this chapter and the additional criteria established under (C) for such permits below.

(C)

Where a special exception permit is required by this chapter, the following criteria shall be considered:

1.

In accordance with the FCC's Memorandum Opinion and Order in PRB-1 also known as "Amateur Radio Preemption", 101 FCC2d 952 (1985), local regulation of amateur radio towers shall consider the following:

a.

The FCC, in regulating and licensing amateur radio stations and operators, is operating under basic federal objectives which preempt certain local regulations which preclude amateur communications.

b.

Restrictions on the placement, screening, or height of towers based on health, safety or aesthetic considerations must reasonably accommodate amateur communications.

c.

Restrictions must represent the minimum practicable regulation to accomplish the purpose of the district in which the tower is proposed, as well as the purpose of this chapter as contained in section 106-104.

2.

The specific height of the amateur radio tower shall be established as a condition of the special use permit.

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

(A)

Intent: The following minimum standards are established in recognition that mixed use, often multi-floor, structures, is desirable within the downtown and community business districts. Mixed use allows maximum flexibility in the designation of different areas of a single parcel for different uses. Uses coexisting include, but are not limited to, loft apartments, condos, retail, office space, and restaurants. Generally non-residential uses should be designated for the first floor of multi-floor buildings to encourage pedestrian traffic and to avoid the creation of dead zones. When available the facades and characteristics of existing and surrounding buildings should be maintained.

(B)

General standards:

1.

Applicants for mixed use development shall submit a site plan in accordance with section 106-400 of this chapter, along with sufficiently detailed layouts for each building and each floor of the building, designating the specific areas dedicated to each different use. The submitted site plan shall be approved by the city prior to commencing development of the site.

2.

Major revisions to the final site plan shall be reviewed and approved following the procedures and requirements for site plan review contained in section 106-400 of this chapter. Major revisions include, but are not limited to changes such as:

a.

Any increase in the density of the development;

b.

Substantial change in circulation or access;

c.

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

d.

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

e.

Reduction in the approved open space, landscaping or buffering;

f.

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

g.

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

3.

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

(C)

Standards in the DBD district:

1.

Residential uses shall be allowed only in the same structure as an office or commercial use type. Common entrances are encouraged.

2.

The office or commercial use type must occupy at least the first floor of the structure, except as allowed by the following:

a.

Educational facilities, college/university as allowed by section 106-306.5, standards in the DBD district.

b.

Residential uses may be included on the ground floor at the discretion of the administrator, with consideration of historical and architectural features, requirements of the department of historic resources, original historic commercial space layout, and other qualifying factors.

3.

All development should be configured so as to be pedestrian friendly.

4.

New construction or construction involving the demolition of existing buildings shall be of scale and construction materials so as to be appropriate with existing surrounding buildings. Materials and types of construction that should be given consideration include, but are not limited to:

a.

Brick facades;

b.

Cornices, parapets, molding, lintels and other externally visible decorations;

c.

Roof lines;

d.

Windows.

5.

A homeowner's/property owner's association shall be created for each mixed use structure development. The association shall be responsible for the perpetual maintenance of the property and any open space or common areas within the development.

(D)

Standards in the CBD district:

1.

Notwithstanding section 106-402, buffer yards, screening and landscaping, a type B buffer yard shall be planted between mixed use development and residential development prior to the commencement of any non-residential use.

2.

Residential occupancy shall be contained to the primary structure only.

3.

Development utilizing residential structures shall delineate on the required site plan which structure is the primary structure.

4.

Non-residential uses in accessory structures shall require a special exception permit in accordance with section 106-524 of this chapter.

5.

Non-residential uses to occur out of doors shall require a special exception permit in accordance with section 106-524 of this chapter.

6.

Multi-family residential mixed use development shall require a special exception permit in accordance with section 106-524 of this chapter.

7.

Parking shall be required on site and in accordance with section 106-404 of this chapter.

(E)

Standards in the TBD district:

1.

Residential uses shall be allowed only in the same structure as an office or commercial use type. Common entrances are encouraged.

2.

The office or commercial use type must occupy at least the first floor of the structure, except as allowed by the following:

a.

Residential uses may be included on the ground floor at the discretion of the administrator, with consideration of historical and architectural features, requirements of the department of historic resources, original historic commercial space layout, and other qualifying factors.

3.

All development should be configured so as to be pedestrian friendly.

4.

New construction or construction involving the demolition of existing buildings shall be of scale and construction materials so as to be appropriate with existing surrounding buildings. Materials and types of construction that should be given consideration include, but are not limited to:

Brick facades;

Cornices, parapets, molding, lintels and other externally visible decorations;

Roof lines;

Windows.

5.

A homeowner's/property owner's association shall be created for each mixed use structure development. The association shall be responsible for the perpetual maintenance of the property and any open space or common areas within the development.

(Ord. of 3-10-08(4); Ord. of 1-23-2017(2); Ord. of 2-13-2017(1))

(A)

General standards:

1.

As part of the application for a special exception permit the petitioner shall submit information indicating the individuals and/or parties sponsoring the event, the nature of the gathering, the events, displays and/or entertainment scheduled, the number of tickets to be sold, an estimate of the total number of people expected to attend, and the dates for which the permit is requested.

2.

In addition, a detailed plan shall be submitted of all facilities to be provided in accordance with the following guidelines:

a.

Adequate provisions for sanitation facilities, garbage and trash collection and disposal, and facilities for providing food, water and lodging for persons at the gathering shall be provided.

b.

The sponsors shall provide for adequate medical facilities, fire protection and security of the site.

c.

Adequate on-site parking shall be provided for all employees and patrons of the gathering. The parking layout shall be determined in advance of the festival, adequately marked on the site and shall be supervised during the festival in such a manner as to provide safe and convenient access to all patrons and employees, and to accommodate emergency service vehicles.

d.

Adequate off-site circulation and traffic controls to provide safe ingress and egress to the gathering without burdening the existing road network or substantially disrupting the normal flow of traffic.

e.

Any lighting installed for the gathering shall be directed away from adjoining properties.

f.

The level of any music and other noise created by the gathering shall be directed away from any adjoining residence and may be specifically limited by the city council.

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

(A)

Intent. These minimum standards are intended to govern the location of all towers and the installation of antennas and accessory equipment structures.

(B)

Towers, with related unmanned equipment buildings, shall be permitted only by special exception in HBD, BCD, LM and HM zoning districts as specified in Article II District Regulations. Towers shall also be allowed by special exception in any zoning district on property owned or controlled by the City of Salem.

(C)

As part of the review and approval of any special exception permit for a tower, Council may waive any of the requirements of this section, or prescribe such reasonable additional conditions in connection therewith as to assure that the design and installation of the tower and related facilities will conform to sound planning principals.

(D)

No tower or related facilities shall be located within 500 feet of any residential district.

(E)

No tower shall exceed 199 feet in height, including antennas.

(F)

Towers shall be monopole in design, and subject to any applicable standards of the FCC or FAA, be painted a neutral color.

(G)

At any tower site, the design of the buildings and related structures shall use materials, colors, textures, screening, and landscaping that will blend the facilities to the natural setting and the built environment. The related unmanned equipment structure shall not contain more than 750 square feet of gross floor area or be more than 12 feet in height, and shall be located in accordance with the requirements of the zoning district in which located.

(H)

Towers shall not be artificially lighted, unless required by the FCC or FAA. If lighting is required, the council may review the available lighting alternatives and approve the design that would cause the least disturbances to surrounding views.

(I)

No advertising of any type shall be allowed on any tower.

(J)

Satellite and microwave dishes attached to monopoles shall not exceed two feet in diameter or six feet in diameter when attached to towers.

(K)

All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate towers. If such standards and regulations are changed, then the owners of the tower governed by this section shall bring such structures into compliance with such revised standards as required. Failure to bring a tower into compliance with such revised standards and regulations shall constitute grounds for the revocation of the special exception permit, and removal of the tower at the owner's expense.

(L)

The owner of any tower shall ensure that it is constructed and maintained in compliance with standards contained in applicable federal, state, and local building codes and regulations.

(M)

Each applicant requesting a special exception permit for a new tower shall submit 18 copies of a scaled site plan and a scaled elevation view and other supporting drawing, calculations, and other documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements, including information concerning topography, radio frequency coverage, height requirements, setbacks, drives, parking, fencing, landscaping, easements, adjacent uses, and other information deemed necessary by the city to assess compliance with the regulations of this chapter. Additionally the applicant shall provide actual photographs of the site from designated relevant views that include a simulated photographic image of the proposed monopole or tower. The photograph with the simulated image shall include the foreground, the mid-ground, and the background of the site. An engineering report, certifying that the proposed tower and site are compatible for co-location with a minimum of three similar users including the primary user, must accompany the application. The applicant shall provide copies of their co-location policy.

(N)

In addition to any reasonable application fees established by council, the applicant shall be financially responsible for the cost of any professional engineering and or related services that may be procured by the city to independently verify the application information submitted by the applicant.

(O)

No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the council that no existing tower, or structure can accommodate the proposed antenna. Evidence submitted to demonstrate that no existing tower, or structure can accommodate the applicant's proposed antenna may consist of any of the following:

1.

No existing towers, or structures are located within the geographic area required to meet the applicant's engineering requirements.

2.

Existing towers, or structures are not of sufficient height to meet the applicant's engineering requirements.

3.

Existing towers, or structures are not of sufficient structural strength to support the applicant's proposed antenna or related equipment.

4.

The applicant's proposed antenna would cause electromagnetic interference with existing antenna, or the antenna on the existing towers, or structures would cause interference with the applicants proposed antenna.

5.

The applicant demonstrates that there are other limiting factors that render existing towers, or structures unsuitable.

(P)

Towers, guys, and accessory facilities must satisfy the minimum zoning district setback requirements for primary structures

(Q)

Towers shall be enclosed by security fencing not less than six feet high and shall be equipped with an appropriate anti-climbing device.

(R)

Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the support buildings from adjacent property. The standard buffer shall consist of a landscaping strip of at least four feet wide outside the perimeter of the compound. Existing mature tree growth and natural land form on the site shall be preserved to the maximum extent possible. Antennas and other equipment located on the top or side of a building or structure shall be screened from public view.

(S)

Any tower, that is not operational for a continuous period of 90 days shall be considered abandoned, and the owner of such tower shall remove same within 90 days of receipt of notice from the building official or city manager notifying the owner of such removal requirement. Removal includes the removal of the tower, all subterranean tower and fence footers, underground cables and support buildings. The buildings may remain with the approval of the landowner. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower. If the tower is not removed per this section, the city may require the landowner to have it removed. In all cases, the site shall be returned as closely as possible to its original conditions.

(T)

Every applicant for a special exception permit for a tower shall, as a condition for the issuance of the special exception permit, file with the building official a continuing bond in the penal sum of not less than $10,000.00, and conditioned for the faithful observance of the provisions of this chapter and all amendments thereto, and of all the laws and ordinances relating to towers, and which shall indemnify and save harmless the city from any and all damages, judgments, costs, or expenses which the city may incur by reason of the removal or the causing to be removed any tower as provided for in this section.

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

(A)

As defined in section 106-600, accessory uses and structures may be commonly found and associated with principal use types. Principal uses which are allowed by right or by special exception may include accessory uses and activities, provided such accessory uses and activities are appropriate and incidental to the principal use, and provided they are designed and located in accordance with the intent and provisions of this chapter.

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

(A)

Agricultural use types may include the following accessory uses, activities or structures on the same site or lot:

1.

Parking associated with a principal use.

2.

The storage of agricultural equipment, products, or materials associated with the principal use.

3.

Temporary sawmills.

4.

Other uses and activities necessarily and customarily associated with purpose and function of agricultural use types, as determined by the administrator.

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

(A)

Residential use types may include the following accessory uses, activities or structures on the same site or lot:

1.

Private garages and parking for the principal use.

2.

Recreational activities and uses used by residents, including structures necessary for such uses.

3.

Playhouses, gazebos, incidental household storage buildings, swimming pools, and other similar accessory structures.

4.

Garage or yard sales provided that such sales occur in conjunction with a yard sale permit in accordance with Section 22-83 of the city code. (2 sales in a calendar year, each sale for 3 consecutive days maximum).

5.

Other uses and activities necessarily and customarily associated with purpose and function of residential use types, as determined by the administrator.

(B)

1.

Temporary family health care structures, as defined herein, shall be a permitted accessory use in RSF Residential Single Family District if such structures (i) are used by a caregiver in providing care for a mentally or physically impaired person, and (ii) are on property owned or occupied by the caregivers as his or her residence. For purposes of this section, "caregiver" and "mentally or physically impaired person" are defined in § 15.2-2292.1 of the Code of Virginia.

2.

In addition to the specific requirements of a temporary family health care structure found in section 106-602.3 herein, such structures must meet the following requirements:

(a)

Any person proposing to install such a structure shall first obtain a permit from the city for which such applicant may be charged a fee up to $100.00. The city may not withhold such permit if the applicant provides sufficient proof of compliance with the requirements herein and the requirements found in § 15.2-2292.1 of the Code of Virginia.

(b)

Only one such structure shall be allowed on a lot or parcel of land.

(c)

The applicant must provide evidence of compliance with this section to the city one year from the date of installation, and every year thereafter, as long as such structure remains on the property. Such evidence will include inspection by the city of such structure at reasonable times.

(d)

The applicant must comply with all applicable requirements of the Virginia Department of Health.

(e)

No signage advertising or otherwise promoting the existence of the structure shall be permitted anywhere on the property.

(f)

Such structure shall be removed within 30 days of the time from which the mentally or physically impaired person is no longer receiving or is no longer in need of the assistance provided for in this section.

(g)

The Zoning Administrator may revoke any permit granted hereunder if the permit holder violates any provisions herein or any provisions in § 15.2-2292.1 of the Code of Virginia. In addition to any other remedies, provided in Chapter 106 herein, the city may seek injunctive relief against the permit holder or other appropriate legal proceedings to ensure compliance.

(h)

Such structure shall be subject to the standards as provided in section 106-202.3 herein.

(i)

Any such structure shall connect to any water, sewer and electric utilities that are serving the primary residence on the property.

(j)

Such structure shall comply with all requirements as set forth in § 15.2-2292.1 of the Code of Virginia.

(C)

Urban agriculture shall be a permitted accessory use in accordance with section 106-318.

(Ord. of 3-14-05(2); Ord. of 3-14-2011(1); Ord. of 6-25-2012(2); Ord. of 12-11-2023(2))

(A)

Civic use types may include the following accessory uses, activities or structures on the same site or lot:

1.

Parking for the principal use.

2.

Accessory dwellings commonly associated with or necessitated by the location and operation of the principal use.

3.

Food services operated incidental to the principal use and operated primarily for the convenience of employees, residents or users of the principal use. Typical examples include cafeterias, and dining halls.

4.

Convenience commercial facilities clearly incidental to the principal use and operated primarily for the convenience of employees, residents, and users of the principal use. Typical examples include museum gift shops, college bookstores, or snack bars clearly incidental to the principal use.

5.

Other uses and activities necessarily and customarily associated with purpose and function of civic use types, as determined by the administrator.

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

(A)

Office use types may include the following accessory uses, activities or structures on the same site or lot:

1.

Parking for the principal use.

2.

Recreational facilities available only to the employees of the office use type.

3.

Day care facilities available only to the employees of the office use type.

4.

Other uses and activities necessarily and customarily associated with purpose and function of office use types, as determined by the administrator.

5.

One accessory dwelling unit occupied by employees responsible for the security of the use.

6.

Other uses and activities necessarily and customarily associated with purpose and function of civic use types, as determined by the administrator.

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

(A)

Commercial use types may include the following accessory uses, activities or structures on the same site or lot:

1.

Parking for the principal use.

2.

Accessory storage buildings or areas.

3.

One accessory dwelling unit occupied by employees responsible for the security of the use.

4.

Other uses and activities necessarily and customarily associated with purpose and function of commercial use types, as determined by the administrator.

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

(A)

Industrial use types may include the following accessory uses, activities or structures on the same site or lot:

1.

Parking for the principal use.

2.

Recreational facilities available only to the employees of the industrial use type.

3.

Day care facilities available only to the employees of the industrial use type.

4.

Cafeterias and sandwich shops available only to the employees of the industrial use type.

5.

Incidental retail sale of goods associated with the industrial use type, provided the square footage does not exceed ten percent of the gross floor area or 3,000 square feet, whichever is less.

6.

One accessory dwelling unit occupied by employees responsible for the security of the use.

7.

Other uses and activities necessarily and customarily associated with purpose and function of industrial use types, as determined by the administrator.

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

(A)

Intent. The keeping of chickens supports a local, sustainable food system by providing an affordable, nutritious food source of fresh eggs. These regulations are to provide appropriate standards for the keeping of chickens within an urban residential environment, while protecting the residential integrity of the surrounding neighborhood and the health and safety of the chickens.

(B)

General standards. Keeping of chickens, as defined herein, shall be permitted as an accessory use to single family dwellings if (i) the use is conducted at the applicant's place of residence, (ii) the use is conducted for personal household consumption only, and (iii) subject to the following conditions:

1.

Each parcel shall contain one single family dwelling and must have a minimum lot size of one-quarter acre (10,890 square feet).

2.

Chickens are defined herein as domestic female chicken hens. Roosters are prohibited.

3.

Chickens shall be kept for the household's personal consumption only. Commercial use such as selling eggs or selling chickens for meat shall be prohibited.

4.

There shall be no slaughtering or processing of chickens.

5.

No more than six chickens shall be allowed.

6.

Adequate shelter, care and control of the chickens are required. Any person allowed to keep chickens under this section shall comply with all of the provisions and requirements of the city and state code regarding care, shelter, sanitation, health, rodent control, cruelty, neglect, noise, reasonable control and any other requirements pertaining to, but not limited to, the adequate care and control of animals in the city.

7.

The owner of the chickens shall take necessary action to reduce the attraction of predators and rodents and the potential infestation of insects and parasites. Chickens found to be infested with insects and parasites that may result in unhealthy conditions may be removed by an animal control officer.

8.

Chickens shall not be allowed to roam free. They shall be kept in an enclosed secure area not to exceed a total of 128 square feet, hereinafter known as a pen. Pens shall include a coop (enclosed structure) containing a minimum of one and one-half square foot per hen and an open run area containing a minimum of eight square feet per hen. Pens may be portable.

9.

The materials used for pens shall be uniform and kept in good condition in order to protect the safety of the chickens.

10.

All pens shall be deemed accessory structures and shall comply with the setback requirements as provided in section 106-202.3(B)(2) herein, and shall be no closer than 50 feet from any adjacent principal structure, situate on an adjacent parcel, other than that of the owner of the chickens. Portable pens shall be moved on a regular basis.

11.

All pens shall be located in the rear yard only.

12.

All pens shall be located out of any drainage areas that could allow fecal matter to enter a storm drainage system or stream.

13.

All pens shall be constructed and maintained so as to be impermeable to rodents, wild birds, and predators, including dogs and cats, and to prevent such animals or other pests from being harbored underneath, inside, or within the walls of the enclosure. All pens must be kept dry, well-ventilated, and in sanitary condition at all times, and must be cleaned on a regular basis to prevent offensive odors. All manure not used for composting or fertilizing shall be removed promptly. Odors from chickens, manure, or other chicken-related substances shall not be detectable at the property boundaries.

14.

All feed or other material intended for consumption by the chicken shall be kept in containers impenetrable by rats or other rodents, and such container shall be equipped with tightly fitting caps or lids. All feeding shall be conducted in a manner so as to prevent unconsumed food from being accessible to other animals or rodents. The presence of rodents in an area used for the keeping of chickens shall be prima facie evidence that such area is maintained in violation of this section.

15.

Composting of chicken litter and waste on site is highly encouraged. If any litter and/or waste is to be disposed of, it must be double bagged and securely closed and deposited in either a city approved receptacle or taken to the city transfer station. Also, any dead chickens shall also be double bagged and securely closed and deposited in either a city approved receptacle or taken to the city transfer station.

16.

Disposal of litter, waste, and dead chickens on public land or in the sewage or stormwater collection system is strictly prohibited.

(C)

Administration.

1.

Persons wishing to keep chickens pursuant to this subsection must file an application with the city zoning department. The application shall include a sketch showing the area where the chickens will be housed and all types and size of enclosures in which the chickens will dwell along with a $25.00 fee. The sketch must show all property dimensions and setbacks. Once the site and enclosures have been inspected and approved by the city's animal control officer, a permit will be issued. The permit shall be valid for one year. Each existing permit must be renewed annually in July by filing an application with the city zoning department, along with payment of a $25.00 renewal. The animal control officer shall make another inspection of the site, prior to the approval of the renewal application.

2.

Any violations found may subject the owner to revocation of their permit and to criminal charges as provided herein.

3.

The provisions of this section shall be enforced by the zoning administrator and such enforcement authority may be delegated by the administrator to the animal control office or other departments of the city.

4.

Any person violating any of the provisions of this section shall be deemed guilty of a class 4 misdemeanor. Each day a violation continues shall constitute a separate offense.

5.

The keeping of chickens in AG—Agriculture district shall conform with the requirements of section 106-302 herein, and shall not be subject to the provisions of section 106-316.3 and section 106-318.

(D)

Existing use at time of enactment. Notwithstanding the foregoing provisions of this section, places of residences where chickens (roosters not being permitted under any circumstances) are currently being kept at the time of enactment of this ordinance shall have a period of two years from such date of enactment to comply with the requirements herein. However, those eligible hereunder shall, on or before August 1, 2012, declare and certify such existing use to the satisfaction of the city and make application as required by section 106-318.1(C).

(Ord. of 6-25-2012(2))