9.1.1 General. This Ordinance shall be administered and enforced by the Building Commissioner. For the purpose of such administration and enforcement, the following procedures shall apply:

9.1.2 Permit Required. No building or other structure shall be erected, moved, added to or structurally altered until a permit therefor has been issued by the Building Commissioner. All applications for such permits shall be in accordance with the requirements of the building code. No building permit shall be issued unless all the provisions of this Ordinance have been complied with, except after written order from the Board of Appeals.

9.1.3 Certificate of Occupancy Required. No land shall be occupied or used and no building or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure shall be used, occupied or changed in use until a certificate of occupancy shall have been issued therefor by the Building Commissioner, stating that the proposed use of the building or land conforms to the requirements of this Ordinance. The certificate shall be issued in conformity with the provisions of this Ordinance upon completion of the work.

(Ord. of 9-9-21, § 14)

9.1.4 Records. The Building Commissioner shall maintain a record of all certificates of occupancy, and copies shall be furnished to any person having a proprietary or tenancy interest in the building affected.

9.2.1 Complaint. Whenever a violation of this Ordinance occurs or is alleged to have occurred, any person may file a written complaint. Such complaint, stating fully the causes and bases thereof, shall be filed with the Building Commissioner. The Building Commissioner shall record promptly any such complaint, immediately investigate and take action thereon. The Building Commissioner shall also notify in writing the party requesting such enforcement of any action or refusal to act and the reasons therefor, within fourteen (14) days of receipt of such request.

(Ord. of 9-9-21, § 15)

9.2.2 Notice. If the Building Commissioner shall find that any of the provisions of this Ordinance are being violated, they shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. The Building Commissioner shall order discontinuance of illegal uses of land, buildings or structures, removal of illegal buildings or structures or of additions, alterations or structural changes thereto; discontinuance of any illegal work being done; or any other action authorized by this Ordinance to ensure compliance with or to prevent violation of its provisions.

(Ord. of 9-9-21, §§ 16, 17)

9.2.3 Penalty. Violation of any of the provisions of this Ordinance shall constitute a misdemeanor. Any person who violates this Ordinance shall, upon conviction thereof, be fined not more than three hundred dollars ($300.00) per violation and, in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation.

9.3.1 Establishment. A Board of Appeals is hereby established, which shall consist of five (5) members to be appointed by the mayor, subject to the confirmation of the City Council, each for a term of five (5) years and with the term of one (1) appointee expiring each year.

1.

The board shall elect annually a chair from its membership, shall appoint a secretary and shall adopt rules necessary to the conduct of its affairs and in keeping with the provisions of the General Laws, Chapter 40A.

2.

The mayor, subject to the confirmation of the City Council, may appoint associate members to the Board of Appeals. In accordance with Chapter 40A, no more than two (2) associate members may be on the Board of Appeals at any time, and their duties shall be as determined by Chapter 40A.

(Ord. of 9-9-21, § 19)

9.3.2 Powers. The Board of Appeals shall have the following powers and duties:

1.

To hear and decide appeals taken as provided in Chapter 40A of the General Laws.

2.

To hear and decide applications for special permits as provided in Section 9.4, hereof, except such applications for special permits where the power to grant is vested in the Planning Board by this Ordinance.

3.

To authorize upon appeal, or upon petition in cases where a particular use is sought for which no permit is required, with respect to a particular parcel of land or to an existing building thereon a variance from the terms of the applicable Zoning Ordinance or bylaw where, owing to conditions especially affecting such parcel or such building but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of this Ordinance would involve substantial hardship, financial or, otherwise, to the appellant and where desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such Ordinance, but not otherwise. In exercising the powers under this subsection, the board may impose limitations both of time and of use, and a continuation of the use permitted may be conditioned upon compliance with regulations to be made and amended from time to time thereafter.

4.

To hear and decide comprehensive permits for construction of low or moderate income housing by a public agency or limited dividend or nonprofit corporation, as set forth in G.L. c. 40B, ss. 20-23.

9.3.3 Regulations. The Board of Appeals may adopt rules and regulations for the administration of its powers.

9.3.4 Fees. The Board of Appeals may adopt reasonable administrative fees and technical review fees for petitions for variances, administrative appeals, and applications for comprehensive permits.

9.3.5 Lapse. Rights authorized by a variance that are not exercised within one (1) year of the date of the grant of such variance shall lapse.

9.4.1 Special Permit Granting Authority. Unless specifically designated otherwise, the Board of Appeals shall act as the Special Permit Granting Authority.

9.4.2 Criteria. Special permits shall be granted by the Special Permit Granting Authority, unless otherwise specified herein, only upon its written determination that the adverse effects of the proposed use will not outweigh its beneficial impacts to the City or the neighborhood, in view of the particular characteristics of the site, and of the proposal in relation to that site. In addition to any specific factors that may be set forth in this Ordinance, the determination shall include consideration of each of the following:

1.

Community needs which are served by the proposal;

2.

Traffic flow and safety, including parking and loading;

3.

Adequacy of utilities and other public services;

4.

Neighborhood character;

5.

Impacts on the natural environment including greenhouse gas emissions and view; and

6.

Potential economic and fiscal impact, including impact on City services, tax base, and employment.

(Ord. of 5-26-22(2), § 5)

9.4.3 Procedures. An application for a special permit shall be filed in accordance with the rules and regulations of the Special Permit Granting Authority.

9.4.4 Conditions. Special permits may be granted with such reasonable conditions, safeguards, or limitations on time or use, including performance guarantees, as the Special Permit Granting Authority may deem necessary to serve the purposes of this Ordinance.

9.4.5 Regulations. The special permit granting authority may adopt rules and regulations for the administration of this section.

9.4.6 Fees. The special permit granting authority may adopt reasonable administrative fees and technical review fees for applications for special permits.

9.4.7 Lapse. Special permits shall lapse if a substantial use thereof or construction thereunder has not begun, except for good cause, within 24 months following the filing of the special permit approval (plus such time required to pursue or await the determination of an appeal referred to in G.L. c. 40A, s. 17, from the grant thereof) with the City Clerk.

9.5.1 Purpose. This provision is intended to protect and promote the health, safety, convenience and general welfare of the inhabitants of the City, promote acceptable site planning practices and standards within the City of Salem and ensure compliance with the City of Salem master plan and good zoning practices.

9.5.2 Applicability. Site plan review shall be required for:

1.

Nonresidential structure or premises exceeding ten thousand (10,000) gross square feet; or

2.

Residential structure containing six (6) or more residential dwelling units.

3.

Large scale ground mounted solar energy system in the R3, B2, B4, B5, BPD, NRCC, or I district; or

4.

Medium scale ground mounted solar energy system in the RC, R1, R2, or R3 district.

(Ord. of 5-26-22(2), § 5)

9.5.3 Application. Any application for approval of a site plan review under this section shall be accompanied by a site plan, which shall be at a scale to be established by the Planning Board and, according to the size of the development, shall include all information required for a Definitive Plan under Section III B of the Subdivision Regulations of the Planning Board of the City of Salem, and such petition shall also be accompanied by an environmental impact statement as set out in Appendix A of the subdivision regulations of the Planning Board of the City of Salem, as requested and a Transportation Demand Management Plan. The plan shall contain the following information:

1.

Location and dimensions of all buildings and other construction;

2.

Location and dimensions of all parking areas, loading areas, bicycle racks or bicycle storage areas, walkways and driveways. Plans shall clearly identify pavement grade changes exceeding five (5) percent, and any vegetated slopes steeper than 1V:3H, identify all pedestrian and vehicular pavement materials;

3.

Location and dimensions of internal roadways and access ways to adjacent public roadways;

4.

Location, function, photometric intensity, color temperature, and fixture type of external lighting;

5.

Location, type, dimensions and quantities of landscaping and screening including retaining walls and fences:

6.

Current and proposed locations, dimensions, and screening of utilities including: water, storm water, sewer, drainage, drain inlets, drainage tanks, back flow preventers, manholes, hydrants, gas, electrical, telephone, wireless communication facilities, HVAC-related mechanicals, transformers, switchgears, generators, intake and exhaust features including: ventilation, stacks, fans, louvers, steam, and recycling and other waste disposal locations;

7.

Location and dimensions of snow storage areas;

8.

Location of all existing natural features, including ponds, brooks, streams wetlands, street trees, and existing vegetation up to the curb line;

9.

Topography of the site, with one foot contours;

10.

Conceptual drawing of buildings to be erected, including elevations, showing architectural styles.

11.

Plans depicting the property lines and physical features, including roads, for the project site;

12.

Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, screening vegetation or structures;

13.

Locations of active farmland, wetlands, permanently protected open space, Priority Habitat Areas and BioMap 2 Critical Natural Landscape Core Habitat mapped by the Natural Heritage & Endangered Species Program (NHESP) and "Important Wildlife Habitat" mapped by the DEP.

14.

Locations of floodplains or inundation areas for moderate or high hazard dams; and

15.

Locations of local or National Historic Districts.

16.

Location, arrangement, size, and design of roof mounted and small-scale ground mounted solar energy systems.

(Ord. No. 7-20-17, § 1; Ord. of 5-26-22(2), § 7; Ord. of 09-11-2025(1), § IX)

9.5.4 Narrative. Such site plan shall also be accompanied by a brief narrative, as requested by the Planning Board, addressing these site plan requirements and other appropriate concerns in the following defined categories, including parking with electric vehicle charging stations and parking for bicycles:

1.

Buildings;

2.

Parking and loading;

3.

Traffic flow and circulation;

4.

External lighting;

5.

Landscaping and screening;

6.

Utilities;

7.

Snow removal;

8.

Natural area protection and enhancement;

9.

Sustainability and resiliency, including energy planning and alignment with local climate mitigation goals;

10.

Compatibility of the architecture of the proposed development with existing architecture of the surrounding area.

(Ord. of 5-26-22(2), § 8)

9.5.5 Distribution. The Planning Board shall, within seven (7) days after receipt of said application, transmit one (1) copy of said application and plan to the Building Commissioner, City Engineer, Head of the Fire Department or the Head of the Fire Department's designee, Head of the Sustainability Department or their designee, Board of Health and Conservation Commission, who may at their discretion investigate the application and report in writing their recommendations to the Planning Board. The Planning Board shall not take final action on such plan until it has received a report thereon from the Building Commissioner, City Engineer, Head of the Fire Department or the Head of the Fire Department's designee, Head of the Sustainability Department or their designee, Board of Health and Conservation Commission or until thirty-five (35) days have elapsed after distribution of such application without a submission of a report. Notice of the filing of the petition shall be given to the City Clerk, Police Department, Department of Public Services, and School Department and further notice shall be given as required by the Planning Board.

(Ord. of 9-9-21, § 18; Ord. of 9-9-21, § 18; Ord. of 5-26-22(2), § 9)

9.5.6 Review Criteria. The Planning Board shall review such submitted information in accordance with accepted site planning standards and attempt to promote such standards and make certain that the development, if approved, takes place in a manner which shall in all aspects be an asset to the City. The Planning Board shall request changes in such plans and information submitted to promote the quality of the development and its impact upon the health, convenience, and general welfare of the inhabitants of the City. The Planning Board shall review and amend all such submitted plans in accordance with the following criteria:

1.

Adequacy of parking facilities, number of parking spaces proposed for each development, and adequacy of the Transportation Demand Management Plan;

2.

Adequacy of loading facilities;

3.

Adequacy of traffic circulation system for all modes of transit;

4.

Adequacy of access points and routes to and from the land parcel to adjoining streets and ways;

5.

Adequacy of type and amount of external lighting to be provided on the parcel;

6.

Adequacy of type, quality and quantity of landscaping to promote an aesthetically pleasing environment and to properly screen the development from adjacent land uses;

7.

Adequacy of type, quality and quantity of vegetative screening to protect adjacent and nearby land parcels from structures not aesthetically pleasing or wholly compatible with such parcels;

8.

Adequacy of the methods and storage dimensions for disposal of sewage, refuse, recycling and other waste;

9.

Adequacy of the method of surface drainage across and from the site;

10.

Adequacy of the method of water distribution to and from the parcel and its structures;

11.

Adequacy of pedestrian circulation systems to and from parking areas and structures;

12.

Adequacy of protection or enhancement of natural areas;

13.

Compatibility of the architecture of structures with architecture of surrounding or nearby buildings.

14.

Adequacy and general site compatibility of roof mounted and small-scale ground mounted solar energy systems; and

15.

Adequacy of a net-zero-energy plan to outline site energy uptake, creation, and consumption.

(Ord. No. 7-20-17, § 1; Ord. of 5-26-22(2), § 10; Ord. of 09-25-2025(1), § X)

9.5.7 Constructive Approval. Failure of the Planning Board to take final action upon an application within ninety (90) days following the date of the public hearing shall be deemed to be a grant of the approval applied for.

9.5.8 Decision. After a notice and public hearing as set in G.L. c. 40A, s. 9 and 11, the Planning Board, by a two-thirds (⅔) vote may approve the plan provided that:

1.

The proposed development shall properly screen itself, its buildings, structures and other construction with vegetative landscaping, earth berms, fencing or other appropriate screening as determined by the Planning Board.

2.

To protect the quality of the surrounding area and environment, if such surrounding area is residential in nature, is land reserved for conservation use or is land which the board determines to be appropriate for such a requirement, a buffer zone shall exist along the property line within which no construction or destruction of land shall take place. The size of such zone shall be determined by the Planning Board according to the size of the proposed development, the land uses of the surrounding area, the aesthetic aspects of the proposed development, and all impacts of the proposed development upon such surrounding areas which can be alleviated through such a buffer zone.

3.

In specific instances where the Planning Board deems such to be appropriate, it shall assess the compatibility of the architecture of a proposed development with the architecture of surrounding structures and land uses and may request alterations to the architecture of such proposed development to ensure compatibility.

4.

The Planning Board may, in appropriate cases as it determines, impose further restrictions upon the development or parts thereof as a condition to granting the approval and may waive any defined restrictions.

9.5.9 Rules and Regulations. The Board may adopt and periodically amend or add rules and regulations relating to the procedures and administration of this section and shall file a copy of said rules with the City Clerk.

9.5.10 Lapse. Site plan approval shall lapse after two years from the grant thereof if a substantial use thereof has not sooner commenced except for good cause. Such approval may, for good cause, be extended in writing by the Board upon the written request of the applicant.

9.5.11 Fee. The Board may adopt reasonable administrative fees and technical review fees for site plan review.

9.5.12 Appeal. Any decision of the Board pursuant to this Section shall be appealed in accordance with G.L. c. 40A, s. 17 to a court of competent jurisdiction.