In residence districts, no building shall exceed
35 feet in height, provided that such height limits may be exceeded
by one foot for each foot by which the width of each side yard is
increased beyond minimum side yard requirements, up to a maximum of
50 feet. In Commercial and in M-1 Manufacturing Districts, no building
shall exceed 180 feet in height.
No lot area shall be so reduced that the area
of the lot or the dimensions of the open spaces shall be smaller than
herein prescribed.
A private garage or other accessory building
which is not an integral structural part of a main building may be
located in the required side and/or rear yard but not less than five
feet from any property line on lots which are more than 50 feet in
width and not less than two feet from property line on lots which
are 50 feet or less in width, provided that such building is situated
not less than 10 feet farther back from the street line than the rearmost
portion of the main building. Nothing in this section shall be construed
to prohibit the erection of a common or joint garage which is not
an integral structural part of a main building on adjoining lots.
No hedge, tree, evergreen, shrub, bush, fence
or other planting or structure shall be located on any corner lot
in such manner as to cause danger to traffic on a public street, road
or avenue by obstructing the vision of persons operating vehicles
on said public ways; and all hedges, trees, evergreens, shrubs, bushes,
fences or other plantings or structures which, on the effective date
of this Part 3, are so located on corner lots as to cause said danger
to traffic or which otherwise fail to comply with the site triangle
requirements of Part 5, Subdivision of Land, shall be cut, trimmed,
removed or altered, within five days after notice from the Zoning
Administrative Officer, in such manner and to such extent that said
danger to traffic shall be eliminated.
Off-street loading and unloading space, with
proper access from a street or alley, shall be provided on any lot
on which a building for trade or business is hereafter erected or
substantially altered.
The front yard of a proposed building may be
decreased in depth to the average alignment of existing buildings
within 100 feet on each side of the proposed building and within the
same block, if such alignment of existing buildings is less than the
front yard requirement for the district.
In any instance where the Planning Board or
the Board of Adjustment is required by this Part 3 to consider a request
for a use on a conditional use or variance basis or when a change
in Part 3, Zoning, or the Zoning Map is under consideration, the Planning
Board, Board of Adjustment or Council shall:
A. Give full consideration to the size, scope, extent
and character of the use desired and assure itself that such request
is consistent with the plan for future land use in the City of Salem
and with the spirit, purpose and intent of Part 3, Zoning.
B. Consider the suitability of the property for the use
desired.
C. Take into consideration the character and type of
development in the area surrounding the location for which the request
is made and determine that the proposed use will be appropriate in
the area and will not substantially injure or detract from the use
of surrounding property or from the character of the neighborhood.
D. Determine that the proposed use will promote the harmonious
and orderly development of the district in which it is located and
that it will serve the best interests of the city, the convenience
of the community (where applicable) and the public health, safety,
morals and general welfare.
E. Consider the suitability of the proposed location
of a use with respect to traffic and highways in the area and ensure
that adequate access and off-street parking arrangements are provided
in order to protect major streets from undue congestion and hazard.
F. Make certain that the proposed change is reasonable
in terms of the logical, efficient and economical extension of public
services and facilities, such as public water, sewers, police and
fire protection and public schools.
G. Consider, where appropriate, the standards for site
review included in Part 4.
H. Impose such conditions, in addition to those required
as are necessary to ensure that the general purpose and intent of
the Master Plan and Part 3, Zoning, are complied with and that the
use of the property adjacent to the area of the proposed use is adequately
safeguarded, which conditions may relate to, but are not limited to,
harmonious design of buildings, appearances, plantings and its maintenance
as a sight or sound screen, landscaping, hours of operations, lighting,
numbers of persons involved, allied activities, ventilation, noise,
sanitation, safety, smoke and fume control and minimizing of noxious,
offensive or hazardous elements.
In order to encourage and allow flexibility
in the design and development of land, to facilitate the provision
of streets and utilities, to conserve and protect stream valleys and
floodplains and to make provision for the common open space, the lot
area and use requirements of the R-1 and R-2 Residence Districts may
be modified in the case of a plan which complies with the general
requirements for subdivision/site plan review and following additional
requirements.
A. An area of not less than four acres shall be provided
for the cluster development.
B. The following uses shall be permitted: single-family
detached, single-family semidetached or single-family detached dwellings
or townhouses. No more than eight attached dwellings shall be constructed
in any one group.
C. Minimum lot width at the building line and front,
side and rear yards shall be as follows:
|
|
Lot Area
(feet)
|
---|
|
Type of Unit
|
Lot
Width
|
Front
Yard
|
Side
Yard
|
Rear
Yard
|
---|
|
Single-family, detached
|
50
|
25
|
2, 8 each
|
20
|
|
Single-family, semidetached
|
30
|
25
|
1, 8 each
|
20
|
|
Single-family, attached or townhouse
|
20
|
25
|
10 at each end of group
|
20
|
D. In no case shall the number of dwellings or dwelling
lots permitted on a tract of land exceed the number which would have
been permitted were the district regulations not modified.
E. A minimum of 10% of the gross area of the tract shall
be designated as open space and shall be reserved for the common use
by residents of the proposed development or by residents of the city.
Such open space shall be appropriate and in suitable condition for
such uses as active recreation and park sites and for the preservation
of scenic or historic features so as to contribute to neighborhood
attractiveness and further the objectives of this section and the
Salem City Plan.
No building shall hereafter be constructed,
reconstructed or moved within the limits of the City of Salem in which
the elevation of the first floor or lower floor, other than basement,
is less than five feet above mean sea level as referred to in the
United States Coastal and Geodetic Survey, except that in areas of
special flood hazards as defined in this chapter, the specific standards
of floor elevation set forth in § 130-109F shall apply.