Salem learns it does not have legal city zoning

By BROOKS TAYLOR

Mt. Pleasant News

SALEM ? What zoning?

That?s what the Salem City Council learned Tuesday night. While the city does have zoning ordinances, the documents are basically toothless.

Joe Buffington, Henry County planning and zoning administrator, paid the council a visit at the request of city officials. A recent inquiry of Buffington regarding zoning matters by Brenda Carver, Salem city clerk, led to the discovery that neither Salem?s city zoning ordinances nor a city zoning map have ever been recorded by the county recorder.

?You don?t have a zoning ordinance or zoning map (both required by state law) filed with the county recorder,? Buffington noted. ?There is no way to implement a zoning ordinance because you don?t know what rules apply where.

?Everything you have done before (a zoning ordinance or map is recorded) would be non-conforming. You have a few things in the ordinance (Salem does have a city zoning ordinance drafted but it never has been recorded) that should be cleaned up. Technically, it is all non-conforming,? Buffington continued.

?Do we have to start over?? questioned Councilman Chuck Kramer.

The question led to a quasi civics lesson with Buffington explaining the role of the council, planning and zoning commission and board of adjustment in city zoning.

?The board of adjustment and planning and zoning have quite a bit of power (in zoning),? the county official said. ?Planning and zoning, though, has no final authority on anything. It is a reporting body. The board of adjustment enforces zoning laws. The only place the council should get involved is in text (ordinance) and map amendments.?

?What exactly do we need to do?? asked Mayor Linda Ward.

Buffington said the council should re-examine the zoning ordinance, tweak what needs to be tweaked and develop a (zoning) map that matches the zoning ordinance. Both have to be passed by council resolutions and then filed with the county recorder.

He also suggested the city develop a comprehensive city plan on how they want the city to appear. ?Then develop a (zoning) map and ordinance supporting the comprehensive plan. Without a comprehensive plan, there is nothing to guide you. A good city comprehensive plan also can open you up to state funding.?

Until a zoning ordinance and map are filed, Buffington suggested the council pass a moratorium on construction. ?Until the ordinance is fixed, you can?t tell anybody what they can or can?t do. It is my opinion that until you fix this, you don?t have zoning.?

?It sounds to me like we don?t have anything,? quipped Kramer.

In other agenda items, the council appointed Pat Raub of Mt. Pleasant as the new city attorney. Dave McCoid, Mt. Pleasant, has been city attorney for over 30 years but resigned this summer after he learned the council had some problems with his billing procedures and wanted him to attend all council meetings. McCoid claimed he was unaware of any problems between him and the council until he read about them in the Mt. Pleasant News.

Council members also approved payment of a $3,899.60 bill submitted by McCoid. McCoid said it was his final bill, but the council said the attorney still must complete his representation of the city on a nuisance issue.

Council members accepted a $3,928.90 bid from Bates Construction for the repair of approximately 1,600 feet of city street. Two other companies bid on the project with bids ranging to $13,850.

?This is something we must get done,? noted Councilman Bill Wixom Jr. ?I would like to get it done by Old Settlers,? concurred Councilman Kramer.

Approval also was given to pay $37,908.15 to L.L. Pelling Co., for summer street work. Some $18,605.40 of the amount will come from road use tax with the remaining $19,302.75 to be paid from local option sales tax funds.

Finally, Jim Dean of the Salem Crew Public Library board said the board would like to meet with the council concerning a piece of land owned by the library that The Vault, a restaurant and bar, would like to purchase. The council tabled the request until a city attorney is on board.

Salem council members meet again in regular session Tuesday, Sept. 4, at 7 p.m. in the Community Building.