[R.O. 2011 §30-201; Ord. No. 2686 §1, 2-9-1987]
This Chapter, written to promote the concepts and spirit of
Salem, Missouri's Comprehensive Plan, is enacted for the purpose of
providing adequate light and air within the City of Salem and to prevent
the overcrowding of land by avoiding unnecessary concentration of
population. It is also enacted for the purpose of decreasing congestion
in the streets; to insure and facilitate the adequate provision of
transportation, schools, parks and other community facilities and
utilities; thus promoting the health, safety, convenience and general
welfare of the citizens of Salem. This Chapter is made with reasonable
consideration to the character of each district and its peculiar suitability
for particular uses in order to conserve and stabilize property values
and to encourage the most appropriate use of land within the Salem
City limits.
[R.O. 2011 §30-202; Ord. No. 2686 §1, 2-9-1987; Ord.
No. 3164 §1, 5-18-2009]
The following words shall be defined as set forth below for
use in this Chapter:
Uses which are customarily incidental and subordinate to
the location, function and operation of permitted uses.
A residential dwelling unit also providing overnight guest
rooms and meals for travelers within the residence.
A structure, either freestanding or attached to a building,
the surface of which is for hire or advertising purposes.
The vertical measurement from the grade to the highest point
of the roof.
A child day-care center or center, whether known or incorporated
under another title or name, is a child-care program conducted in
a location other than the provider's permanent residence, or separate
from the provider's living quarters, and licensed by the Department
of Health and Senior Services of the State of Missouri where care
is provided for children not related to the child-care provider for
any part of the twenty-four-hour day.
[Ord. No. 3420, 6-27-2019]
At a minimum, a church includes a body of believers or communicants
that assembles regularly in order to worship. Unless the organization
is reasonably available to the public in its conduct of worship, its
educational instruction, and its promulgation of doctrine, it cannot
fulfill the associational role that Courts have increasingly adopted
as a threshold for determining when an organization qualifies as a
church. Other key factors to consider include whether the organization
has a distinct legal existence, recognized creed and form of worship,
definite and distinct ecclesiastical government, a formal code of
doctrine and discipline, distinct religious history, membership not
associated with any other church or denomination, organization of
ordained ministers, ordained ministers selected after completing prescribed
studies, literature of its own, established places of worship, regular
congregations, and regular religious services. No single factor is
controlling but having regular meetings with a regular congregation
should be weighted more heavily than some of the other factors. Cities
can generally use a combination of these characteristics, together
with other facts and circumstances, to determine whether an organization
is considered a church for the purposes of the MMJ Ordinance.
[Ord. No. 3420, 6-27-2019]
A building used entirely for residential purposes and it
must have:
A sloped roof with no less than four (4) inches of rise to every
twelve (12) inches of horizontal run.
Roofing materials consisting of shingles, tiles or architectural
metal commonly accepted for residential use and approved by the Building
Inspector.
A roof overhang (eave projection) of not less than one (1) foot
measured from the vertical side of the structure unless the architectural
style of the structure commonly has less overhang.
Exterior siding material consisting of wood, stucco, brick,
stone, horizontal lap steel or aluminum, horizontal lap vinyl or architectural
masonry block. The reflectivity shall not exceed that of a low luster
white paint.
Exterior dimensions of not less than twenty-two (22) feet in
width and thirty-six (36) feet in length excluding garage or carport.
A continuous, permanent masonry foundation or masonry curtain
wall, or poured concrete wall with no openings except as required
for ventilation or access.
Stairs, porches, platforms, ramps or other means of entrance
constructed per City's building codes and attached firmly to the structure
and anchored securely to the ground.
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A residential design-manufacture home will qualify as a "dwelling"
if it meets all of the above qualifications and:
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1.
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The axles, running gear, lights and towing apparatus are removed.
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2.
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The manufactured home is set up and anchored in accordance with
the recommended installation procedures of the manufacturer.
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3.
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When installed, has the appearance of an on-site, conventionally
built, single-family dwelling.
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A structure on a single lot containing three (3) or more
dwelling units, each of which is totally separated from the other.
A structure on a single lot designed for or occupied exclusively
by one (1) family.
A structure on a single lot containing two (2) dwelling units,
each of which share a common wall, including without limitation the
wall of an attached garage or porch and in which each dwelling unit
has living space on the ground floor and a separate ground floor entrance.
One (1) or more individuals living together in a dwelling
unit as a single not-for-profit housekeeping unit. A group occupying
a hotel or hospice shall not be considered a family.
A floor space enclosed by exterior or standard fire walls,
exclusive of shafts or vents.
Any home in which eight (8) or fewer unrelated mentally or
physically handicapped persons reside, and may include two (2) additional
persons acting as houseparents or guardians who need not be related
to each other or to any of the mentally or physically handicapped
persons residing in the home.
A secondary and incidental use of a dwelling unit, conducted
entirely within the dwelling unit by one (1) or more persons residing
in the dwelling unit.
Any lot or premises on which four (4) or more dogs, more
than four (4) months of age, are kept.
A single tract of land within a single block under single
ownership or control.
Cannabis Indica, Cannabis sativa, and Cannabis ruderalis,
hybrids of such species, and any other strains commonly understood
within the scientific community to constitute marijuana, and resin
extracted from the plant and marijuana-infused products. Marijuana
does not include industrial hemp containing a crop-wide average tetrahydrocannabinol
concentration that does not exceed three-tenths of one percent on
a dry-weight basis, or commodities or products manufactured from industrial
hemp.
[Ord. No. 3420, 6-27-2019]
Products that are infused with marijuana or an extract thereof
and are intended for use or consumption other than by smoking, including,
but not limited to, edible products, ointments, tinctures and concentrates.
[Ord. No. 3420, 6-27-2019]
A facility licensed by the State of Missouri to acquire,
cultivate, process, store, transport, and sell marijuana to a medical
dispensary facility, medical marijuana testing facility, or to a medical
marijuana-infused products manufacturing facility.
[Ord. No. 3420, 6-27-2019]
A facility licensed by the State of Missouri to acquire,
store, sell, transport, and deliver marijuana, marijuana-infused products
and drug paraphernalia used to administer marijuana as provided for
in this Section to a qualifying patient, a primary caregiver, another
medical marijuana dispensary facility, a medical marijuana testing
facility, or a medical marijuana-infused products manufacturing facility.
[Ord. No. 3420, 6-27-2019]
A facility licensed by the State of Missouri, to acquire,
store, manufacture, transport, and sell marijuana-infused products
to a medical marijuana dispensary facility, a medical marijuana test
facility, or to another medical marijuana-infused products manufacturing
facility.
[Ord. No. 3420, 6-27-2019]
A structural unit designed for residential occupancy and
constructed in a manufacturing facility and transported to a building
site.
For the purposes of this Chapter, two (2) types of manufactured
housing, mobile homes, are included:
Units constructed after June 15, 1976 with a manufacture's certification
of compliance with the United States Government Department of Housing
and Urban Development standards and transportable in one (1) or more
sections which in a traveling mode are twelve (12) body feet or more
in width and sixty (60) body feet or more in length or when erected
on a site are seven hundred twenty (720) square feet or more in size.
Those units constructed after January 1, 1974 which the manufacturer
certifies are constructed in compliance with the Missouri Code of
Manufactured Home Standards and bear the seal of the Public Service
Commission of the State of Missouri certifying that the manufactured
home or modular unit complies with the code.
A Missouri resident diagnosed with at least one qualifying
medical condition.
[Ord. No. 3420, 6-27-2019]
Sale to the ultimate consumer for direct consumption and
not for resale.
Any building which is regularly used as a public, private
or parochial elementary and/or secondary school or high school.
[Ord. No. 3420, 6-27-2019]
The required distance and the land resulting from it between
a street line and/or property line and the closest possible line of
a conforming structure.
Any words, lettering, parts of letters, figures, numerals,
phrases, sentences, emblems, devices, pictures, trade names or trademarks
by which anything is made known, such as are used to designate an
individual, a firm, an association, a corporation, a profession, a
business, a service, a commodity or a product, which are visible from
any public street and designed to attract attention. The term "sign" shall not include the flag, pennant or insignia of
a nation, State, City, or other political subdivision, or any educational,
charitable, civic or professional campaign, drive, monument or event.
Sale for resale, not for direct consumption.
A space on a lot which is required by this Chapter to be
maintained open and unoccupied between the lot line and any structure
except as permitted by these provisions. The orientation of the principal
building shall determine the front, side and rear lot lines.
A yard adjoining the front lot line, extending between side
lot lines, the depth of which shall be the least distance between
the front lot line and any line of the closest structure.
A yard adjoining the rear lot line and extending between
the side lot lines, the depth of which shall be the least distance
between the rear lot line and any line of the closest structure.
A yard adjoining a side lot line extending from the front
yard to the rear yard, the width of which shall be the least distance
from the side lot line and any line of the nearest structure.
[R.O. 2011 §30-203; Ord. No. 2686 §1, 2-9-1987]
In order to classify, regulate and restrict the locations of
trades, industries, and the location of buildings designed for specified
uses; to regulate and limit the height and use of buildings hereafter
erected or structurally altered; to regulate and limit the intensity
of use and the lot areas; and to regulate and determine the areas
of yards, courts and other open spaces surrounding such buildings,
the City is hereby divided into districts of which there shall be
four (4) in number known as:
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"R"
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Residential District
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"C"
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Commercial District
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"I"
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Industrial District
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"A"
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Agricultural District
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[R.O. 2011 §30-204; Ord. No. 2686 §1, 2-9-1987]
A.
The zones as designated in Section 405.030 are shown in a map entitled the "Zoning Map of the City of Salem, Missouri", dated February 9, 1987, and filed in the office of the City Clerk of Salem, Missouri. Such map is hereby adopted as a part of this Article and incorporated in and made a part of this Chapter.
B.
The
following described tracts of land are hereby zoned as a commercial
district and shall be reflected as such on the Zoning Map of the City
of Salem, Missouri, as on file in the office of the City Clerk of
Salem, Missouri.
C.
The
following described tracts of land are hereby zoned as a residential
district and shall be reflected as such on the Zoning Map of the City
of Salem, Missouri, as on file in the office of the City Clerk of
Salem, Missouri.
D.
The
following described tracts of land are hereby zoned as a manufacturing/industrial
district and shall be reflected as such on the Zoning Map of the City
of Salem, Missouri, as on file in the office of the City Clerk of
Salem, Missouri.
[R.O. 2011 §30-205; Ord. No. 2686 §1, 2-9-1987]
A.
When
uncertainty exists with respect to various zone boundaries, the following
shall apply:
[R.O. 2011 §30-206; Ord. No. 2686 §1, 2-9-1987]
A.
With
the recommendation of the Planning and Zoning Commission, the Salem
Board of Aldermen may approve a conditional use only if the following
requirements have been met:
1.
The location of the proposed use is compatible to other land uses
in the general neighborhood and does not place undue burdens on the
transportation and service facilities in the vicinity.
2.
The Board of Aldermen may also determine that the proposed use is
such that it is necessary to require greater standards than listed
in the district in order to correlate the proposed use to other property
and uses in the vicinity.
3.
The site will be served by streets of sufficient capacity to carry
the traffic generated by the proposed use.
4.
The proposed use, if it complies with all conditions upon which the
approval is made contingent, will not adversely affect the property
in the vicinity.
5.
The Board of Aldermen may provide that approval be contingent upon
acceptance and observance of specified conditions including, but not
limited to:
a.
Conformity to plans and drawings submitted with the application.
b.
Special yard, open space, buffer strips, walls, fences, hedges, landscaping.
c.
Performance standards relative to emission of noise, vibration or
other potentially dangerous or objective elements.
d.
Limits on time of day for conduct of specified activities.
e.
A period in which the approval shall be exercised or otherwise shall
lapse.
f.
Guarantees as to compliance with the terms of approval.
B.
Application Fee. Applications for conditional use shall
be accompanied by a fee of one hundred dollars ($100.00).
[R.O. 2011 §30-207; Ord. No. 2686 §1, 2-9-1987]
In interpreting and applying the provisions and requirements
of these articles, the minimum requirements for the promotion of the
health, safety, convenience and welfare of all citizens of the City
of Salem, Missouri shall apply for reducing the danger from fires
and for improving the general welfare of the City of Salem.
[R.O. 2011 §30-208; Ord. No. 2686 §1, 2-9-1987]
This Chapter shall not repeal the provisions of any other ordinance
relating to the use of buildings or premises; provided however, that
where this Chapter imposes greater restrictions, this Chapter shall
control.
