Except as provided by law or in this Ordinance in each district, no building or structure shall be constructed, used or occupied, nor shall land be used or occupied, except for the purposes permitted as set forth in the accompanying Table of Principal and Accessory Use Regulations.

3.1.1 By Right. A use listed in the Table of Principal and Accessory Use Regulations is permitted as of right in any district under which it is denoted by the letter "Y" subject to such restrictions as may be specified elsewhere in this Ordinance.

3.1.2 Special Permit: Zoning Board of Appeals. A use designated in the Table of Principal and Accessory Use Regulations by the letters "BA" may be permitted as a special permit only if the Zoning Board of Appeals so determines and grants a special permit therefore as provided in Section 9.4 of this Ordinance subject to such restrictions as are set forth elsewhere in this Ordinance, and such restrictions as said Board may establish.

3.1.3 Special Permit: Planning Board. A use designated in the Table of Principal and Accessory Use Regulations by the letters "PB" may be permitted as a special permit only if the Planning Board so determines and grants a special permit therefore as provided in Section 9.4 of this Ordinance subject to such restrictions as are set forth elsewhere in this Ordinance, and such restrictions as said Board may establish.

3.1.4 Not Allowed. A use listed in the Table of Principal and Accessory Use Regulations which is denoted by the letter "N" is not allowed without an amendment to these Zoning Ordinances enacted by the Salem City Council.

(Ord. No. 9-9-10, § I)

(Ord. No. 9-9-10, §§ II, III; Ord. of 9-11-14, § II; Ord. of 12-11-14(3); Ord. of 1-11-18(2), § 3; Ord. of 2-22-18(3); Ord. of 6-28-18, § 1; Ord. of 11-15-18; Ord. of 9-12-19(1), § 1; Ord. of 5-27-21(1), § 1; Ord. of 5-12-22(1), § II; Ord. of 5-26-22(1), § 3; Ord. of 5-26-22(2), § 1; Ord. of 9-12-24, § I; Ord. of 3-13-25, § I; Ord. of 05-27-2025(1), § I)

The following accessory uses shall be permitted as set forth in the Table of Principal and Accessory Use Regulations.

3.2.1. Reserved.

(Ord. of 5-12-22(1), § III)

3.2.2 Home Occupations. Professional offices and other home occupations involving the use of a room or rooms in a dwelling to carry on activities in which goods, wares or merchandise are not commercially created or handled may be authorized by special permit, provided that any such home occupation:

1.

Shall be operated entirely within a dwelling unit, with no display visible from the street.

2.

Shall be operated only by the residents of the dwelling unit, with not more than one (1) regular employee not residing in the dwelling unit.

3.

Shall utilize not more than twenty-five (25) percent of the gross floor area of the dwelling unit.

4.

Shall display not more than one (1) non-electric announcement sign of an area not greater than one and one-half (1.5) square feet and attached against the building and not protruding therefrom.

3.2.3 Parking. Off-street parking and loading facilities and other accessory uses and buildings shall be allowed, provided that such uses are clearly incidental to the principal use.

3.2.4 Accessory Buildings and Structures. Accessory buildings and structures, such as garages and tool sheds, shall be allowed subject to the following regulations, excluding accessory dwelling units:

1.

No accessory building or structure shall be located within any required front yard or within any side yard of a corner lot.

2.

No accessory building or structure shall be located nearer than ten (10) feet to the principal building, unless such accessory building or structure is attached to the principal building.

3.

No unattached accessory building or structure shall be located nearer than five (5) feet to any side lot line (side lots in this instance refer to a projected line starting from the front lot line, terminating at the rear lot line parallel five (5) feet from the side or five (5) feet from the rear lot line. The building area of such building or structure, excluding garages, shall not exceed one (1) percent of the lot area or one hundred twenty (120) square feet, whichever is greater, and shall not be located closer than ten (10) feet to any other building on the same lot or any abutting lot.

4.

Accessory structures, and garages shall not exceed one and one-half (1.5) stories or eighteen (18) feet in height.

(Ord. of 2-9-23, § I; Ord. of 05-27-2025(1), § II)

3.2.5 Swimming Pools. Pools used for swimming or bathing shall be in conformity with the requirements of this Ordinance and the State Building Code. Swimming pools shall not be considered structures for purposes of this Ordinance. However, no side of any pool shall be located less than six (6) feet from any rear or side property line, unless a special permit is obtained from the Board of Appeals. Pools shall conform to front yard setbacks as required for dwellings in Section 4.0 of this Ordinance.

1.

All accessory structures, installations and equipment, such as showers, dressing rooms, equipment houses or other buildings, shall comply with all applicable requirements of the Zoning Ordinance.

2.

Pools shall be surrounded by a permanent fence or wall at least four (4) feet high measured from the ground above the finished ground level measured on the side of the barrier which faces away from the swimming pool. Fences shall be constructed of pickets, stockade or chain-link type material. Rail Fences shall not be permitted. Any fence gate must have a locking and self-closing device so as to keep the gate shut at all times.

3.2.6 Commercial Vehicles. The term "accessory use" shall not be construed to mean that the land can be used for the storage or overnight parking of motor vehicles, including trucks, tractors, trailers except as exempted by Section 6.2, unless the "permitted use" for buildings in the district allows such parking for the storage of commercial motor vehicles.

3.2.7 Urban Agriculture.

Urban Agriculture is allowed as an Accessory Use in all zoning districts, provided that no Urban Agriculture activity shall be conducted, nor Farm Structure erected, except in compliance herewith and with any other applicable laws, rules regulations including without limitation the building code and any requirements of the Salem Board of Health.

1.

Sale of Products

The on-site sale of agricultural products, including whole, unprocessed produce, honey or eggs, is allowed subject to the following provisions:

a.

Retail sale display areas shall not exceed fifty square feet.

b.

One Farm Stand is allowed per lot.

c.

No sales display, sign or Structure, including a Farm Stand, shall be located on a public sidewalk or street or block vehicle and/or pedestrian flow.

d.

Signage shall be limited to one (1) sign and not exceed six (6) square feet; signs shall not be illuminated or require electricity. No off-premises signs are allowed.

e.

All products sold on the Lot must be produced on-site. For purposes of this Ordinance, the term "produced on-site means" grown on the Lot or, in the case of domestic fowl produced on the Lot by the animals kept thereon and in the case of honey, hives must be either be located on the Lot or extracted on the Lot.

f.

Sales of products shall be permitted between the hours of 7:00 am and 6:00 pm., May 1 to October 31 ^st with the exception of Honey, which may be year-round. Sales shall not be permitted more than three days per week and no more than 25 total days per year.

2.

Domestic Fowl

a.

Domestic fowl must be owned by a resident or commercial tenant of the location who shall be responsible for the care and control of the fowl.

b.

No roosters shall be kept under an Urban Agricultural use or any other use on lots in Salem.

c.

Dimensional Regulations

i.

Maximum Height.

1.

Coop. Enclosed Coop space shall not exceed eight (8) feet in height.

2.

Run. Runs shall not exceed eight (8) feet in height.

ii.

Size

1.

Coop structures shall meet all building code requirements. Structures exceeding one hundred twenty (120) sq feet or eight (8) feet in height will require building permits and structures with electrical or plumbing shall require appropriate permits. Changes in the building code shall pre-empt this section.

2.

Coop and Runs: Adequate housing and runs must be provided for domestic fowl to protect them from wind, weather and predators. Housing shall provide plenty of ventilation, ample space to allow fowl to move freely and an area out of direct sunlight to lay eggs.

d.

Setback Requirements

i.

No fixed coop or run shall be located nearer than five (5) feet to any principal building, including the principal building on an abutting lot, and no coop or run shall be located nearer than five (5) feet to any side or rear lot line. Side lots in this instance refer to a projected line starting from the front lot line, terminating at the rear lot line parallel five (5) feet from the side lot line.

ii.

Coops and/or runs are not permitted within 20 feet of a front lot line.

iii.

Moveable coops (i.e., coops on wheels) and runs are not subject to setback requirements.

iv.

Any lawfully existing domestic fowl-keeping use or structure in existence prior to the adoption of this Section shall be allowed to continue, as per the zoning code enforcement standards for other pre-existing nonconforming uses and structures. Any future alterations to applicable pre-existing uses or structures shall comply with this section or seek necessary approvals.

v.

Coop structures shall not interfere with any existing public easements.

e.

Any domestic fowl-keeping use or structure in existence prior to the adoption of this Ordinance shall be allowed to continue, as per the zoning code enforcement standards of other pre-existing nonconforming uses and structures. Any future alterations to applicable pre-existing uses or structures shall seek necessary approvals.

3.

Honeybees

a.

Honeybees must be owned, rented, or hosted by a resident, commercial tenant, or owner of the location who shall be responsible for the care and control of the Honeybees.

b.

A maximum of four (4) hives may be kept on a Lot with additional hives pending approval from the Salem Board of Health. Additional Board of Health regulations may further limit the number and/or manner of keeping of honeybees on lot. If an emergency split or rescue of a swarm results in more than four hives on a lot, the Board of Health must be notified within two business days.

c.

Dimensional Regulations

i.

No Hive shall exceed five (6) feet in height and twenty-five (25) cubic feet in size on any Lot or roof.

d.

Setback Requirements

i.

Where there is a solid wall, fence or similar barrier between the subject property and abutting property, no setback from the property line is required. Where there is no wall, fence or similar barrier between subject property and abutting property, Hives shall be set back five (5) feet from the property line.

ii.

No Hive shall be located closer than ten (10) feet from the lot line dividing the Lot from a sidewalk or street.

e.

Hive Placement and Flyways.

i.

For any ground level Hive that is within twenty (20) feet of the doors and/or windows of the principal building on an abutting Lot, either of the following conditions must exist:

1.

The Hive opening must face away from doors and/or windows of the principal building on an abutting Lot; or

2.

A flyway of at least six (6) feet in height comprising of a solid fence, dense hedge or similar barrier must be established in front of the opening of the Hive such that the honeybees fly upward and away from neighboring properties. The flyway shall be located within three (3) feet of the entrance to the Hive and shall extend at least two (2) feet in width on either side of the Hive opening.

f.

Specific Rooftop Beekeeping Requirements.

i.

Dimensional Regulations.

1.

No Hive shall exceed six (6) feet in height and twenty-five (25) cubic feet in size on any Lot or roof.

ii.

Setback Requirements

1.

Hives shall be set back six (6) feet from the edge of the roof.

iii.

Hive Placement.

1.

For any roof level Hive that is within twenty (20) feet of the doors and/or windows of the principal building on an abutting Lot or a shared access space, the Hive opening must face away from doors and/or windows.

4.

Yard Farms

a.

Yard farms may be kept on residential properties only.

b.

Ownership, care and control of the farm shall be the responsibility of a resident of the dwelling on the lot.

c.

Land devoted to the Yard Farm shall be well-maintained and free from debris, noxious odor and excessively tall weeds and grass.

d.

Yard farms may include Raised Beds, Arbors, Greenhouses, Hoop Houses and Cold Frames as accessory structures subject to applicable setbacks and dimensional regulations.

e.

All accessory structures shall also be well-maintained in a safe condition.

5.

Roof Farms

a.

Ownership, care and control of the roof farm shall be the responsibility of the owner or tenant of Lot.

6.

Farm Structures

a.

Farm structures such as arbors, greenhouses, hoop houses and cold frames, shall be allowed as accessory structures subject to the following provisions:

i.

Green houses are allowed within any rear or side yard up to but not closer than five (5) feet from the Lot line.

ii.

Arbors, hoop houses and cold frames are allowed within any rear or side yard up to but not closer than one (1) foot from the Lot line.

iii.

Farm Structures shall not exceed a maximum height of 15 feet and cannot be taller than the principal structure on the Lot; the covers shall be removed and stored when plants are not being cultivated or structure is not being used for an urban agricultural use

iv.

Farm structures, when combined with other buildings on the property, shall not exceed the maximum lot coverage by all buildings listed in the Table of Dimensional Requirements.

v.

Farm Structures shall not interfere with any existing public easements.

7.

Composting

a.

Composting must be contained within an enclosed bin that does not have direct contact with flammable materials.

b.

Setback Requirements

i.

Compost bins, structures and windrows shall be set back five (5) feet from all Lot lines.

ii.

Compost bins, structures and windrows shall not be located in any portion of a yard area that abuts a Street.

c.

Accessory composting shall be used primarily to support onsite operations and shall comprise no more than five (5%) percent of the Lot area.

(Ord. of 5-12-22(1), § III)

Sec. 3.2.8 Accessory Dwelling Units. Accessory Dwelling Units shall be allowed as provided set forth in this section.

1.

Purpose.

a.

To add rental units to the housing stock to meet the needs of smaller households and make housing units available to households who might otherwise have difficulty finding housing.

b.

To encourage the efficient use of the city's housing supply while preserving the character of the city's neighborhoods.

c.

To maximize privacy, dignity, and independent living among family members preserving domestic family bonds as well as to protect the stability, property values, and the residential character of the neighborhood.

d.

To permit the owner of an existing, or a proposed, principal dwelling to construct one additional dwelling unit per principal dwelling. Such a use is incidental and subordinate in size to the principal dwelling.

e.

To increase the supply of housing and the diversity of housing options, in response to demographic changes such as smaller households and older households.

2.

Procedure.

a.

The Building Inspector shall administer and enforce the provisions of this section.

3.

Application.

a.

The Application for the Building Permit, shall:

1.

Be signed by one hundred (100) percent of the record title ownership interest of the lot on which the principal dwelling is located and in the case of a property held by a condominium trust, all owners of all units within the condominium.

2.

Include a floor plan of the accessory dwelling unit and the principal dwelling and all elevations. All plans shall be drawn to scale and identify the existing structure and proposed modifications to create the accessory dwelling unit.

4.

Requirements.

a.

The accessory dwelling unit shall not be considered a dwelling unit for the purpose of Section 5.1 Required Parking. There shall be no minimum parking requirement for an accessory dwelling unit.

b.

The accessory dwelling unit shall be no larger in Gross Floor Area than half the Gross Floor Area of the Principal Dwelling or nine hundred (900) square feet, whichever is smaller.

c.

The accessory dwelling unit shall remain accessory to the principal dwelling. The principal dwelling and the accessory dwelling unit shall remain in common ownership.

d.

Detached accessory dwelling units that are not owner occupied shall provide utilities on a separate service.

e.

All exterior stairways to the accessory dwelling unit above the first floor shall be located on the rear or side of the dwelling to the extent possible.

f.

Attached accessory dwelling units shall maintain the appearance of a single-family dwelling to the extent possible.

g.

There shall be no occupancy of the accessory dwelling unit until the Building Inspector has issued a certificate of occupancy that the principal dwelling and accessory dwelling unit are in compliance with all applicable health and building codes.

h.

The Building Permit shall be revoked upon determination by the Building Inspector that any condition imposed by Section 3.2.8 has not been fulfilled.

i.

Short term rentals, as defined in G.L. c. 64G, are prohibited in both the accessory and principal dwelling units.

j.

If applicable, the accessory dwelling unit shall obtain a certificate of fitness subject to the provisions of Section 2-705 of the City of Salem Code of Ordinances.

k.

Where the lot or principal dwelling is nonconforming, prior to issuance of a building permit or Certificate of Occupancy, Section 3.3 and G.L. c. 40A, §6 shall apply and a finding by the Zoning Board of Appeals, acting on a majority vote, that the accessory dwelling unit will not be substantially more detrimental than the existing nonconforming structure to the neighborhood may be required. No special permit shall be required.

l.

No detached accessory dwelling units shall be located within any required front yard setback or within the required five (5) foot side yard setback of a corner lot.

m.

No accessory dwelling unit shall be located nearer than ten (10) feet to the principal building, unless such accessory dwelling unit is attached to the principal building.

n.

No detached accessory dwelling unit shall be located nearer than five (5) feet to any side lot line (side lots in this instance refer to a projected line starting from the front lot line, terminating at the rear lot line parallel five (5) feet from the side) or five (5) feet from the rear lot line, and shall not be located closer than ten (10) feet to any other building on the same lot or any abutting lot.

o.

Unless specifically set forth herein, the dimensional requirements of Section 4.1 shall apply.

p.

A property owner may choose to restrict the rent, including the utilities, of the accessory dwelling unit to seventy (70) percent of the established Fair Market Rent limit for the City of Salem as determined annually by the United States Department of Housing and Urban Development, to be eligible for a tax exemption pursuant to Section 8 of Chapter 150 of the Acts of 2024.

q.

There shall only be one (1) accessory dwelling unit by right on a lot. A lot with two (2) to five (5) principal dwelling units may have one (1) accessory dwelling unit per principal dwelling unit by special permit per Section 9.4, with a maximum height of eighteen (18) feet for detached accessory dwelling units.

5.

Definitions.

The definitions contained in Section 10 of this ordinance and in 760 CMR 71.02 shall apply. If there is any conflict, 760 CMR 71.02 shall control.

Accessory dwelling unit: a self-contained housing unit, inclusive of sleeping, cooking and sanitary facilities on the same lot as a principal dwelling, subject to otherwise applicable dimensional and parking requirements, that: (i) maintains a separate entrance, either directly from the outside or through an entry hall or corridor shared with the principal dwelling sufficient to meet the requirements of the state building code for safe egress; (ii) is not larger in gross floor area than one half (1/2) the gross floor area of the principal dwelling or nine hundred (900) square feet, whichever is smaller; and (iii) is subject to such additional restrictions as may be imposed by Section 3.2.8.

6.

Severability.

All the clauses of this ordinance are distinct and severable, and if any clause shall be deemed illegal, void, or unenforceable, it shall not affect the validity, legality, or enforceability of any other clause or portion of this ordinance.

(Ord. of 12-11-14(3); Ord. of 1-11-18(2), § 1; Ord. of 6-28-18, § 1; Ord. of 5-27-21(1), §§ 3, 4; Ord. of 2-9-23, §§ II, III; Ord. of 05-27-2025(1), § III)

3.3.1 Applicability. This Zoning Ordinance shall not apply to structures or uses lawfully in existence or lawfully begun, or to a building or special permit issued before the first publication of notice of the public hearing required by G.L. c. 40A, s. 5 at which this Zoning Ordinance, or any relevant part thereof, was adopted. Such prior, lawfully existing nonconforming uses and structures may continue, provided that no modification of the use or structure is accomplished, unless authorized hereunder.

3.3.2 Nonconforming Uses. The Board of Appeals may award a special permit to change a nonconforming use in accordance with this section only if it determines that such change or extension shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. The following types of changes to nonconforming uses may be considered by the Board of Appeals:

1.

Change or substantial extension of the use;

2.

Change from one nonconforming use to another, less detrimental, nonconforming use.

3.3.3 Nonconforming Structures. The Board of Appeals may award a special permit to reconstruct, extend, alter, or change a nonconforming structure in accordance with this section only if it determines that such reconstruction, extension, alteration, or change shall not be substantially more detrimental than the existing nonconforming structure to the neighborhood. The following types of changes to nonconforming structures may be considered by the Board of Appeals:

1.

Reconstructed, extended or structurally changed;

2.

Altered to provide for a substantially different purpose or for the same purpose in a substantially different manner or to a substantially greater extent.

3.3.4 Variance Required. Except with regard to single- and two-family structures as provided in subsection 3.3.5, below, the reconstruction, extension or structural change of a nonconforming structure in such a manner as to increase an existing nonconformity, or create a new nonconformity, shall require the issuance of a variance; provided, however, that the extension of an exterior wall at or along the same nonconforming distance within a required yard shall require a special permit and not a variance from the Board of Appeals.

3.3.5 Nonconforming Single- and Two-Family Residential Structures. Nonconforming single- and two-family residential structures may be reconstructed, extended, altered, or structurally changed upon a determination by the Building Commissioner that such proposed reconstruction, extension, alteration, or change does not increase the nonconforming nature of said structure. The following circumstances shall not be deemed to increase the nonconforming nature of said structure:

1.

Alteration to a structure located on a lot with insufficient area which complies with all current setback, yard, building coverage, and building height requirements.

2.

Alteration to a structure located on a lot with insufficient frontage which complies with all current setback, yard, building coverage, and building height requirements.

3.

Alteration to a structure which encroaches upon one or more required yard or setback areas, where the alteration will comply with all current setback, yard, building coverage and building height requirements.

In the event that the Building Commissioner determines that the nonconforming nature of such structure would be increased by the proposed reconstruction, extension, alteration, or change, the Board of Appeals may, by special permit, allow such reconstruction, extension, alteration, or change where it determines that the proposed modification will not be substantially more detrimental than the existing nonconforming structure to the neighborhood.

3.3.6 Abandonment or Non-Use. A nonconforming use or structure which has been abandoned, or not used for a period of two years, shall lose its protected status and be subject to all of the provisions of this Ordinance.

3.3.7 Reconstruction after Catastrophe. Any nonconforming structure may be reconstructed after a catastrophe in accordance with the following provisions:

1.

Reconstruction of said premises shall commence within two years after such catastrophe.

2.

Building(s) as reconstructed shall be located on the same footprint as the original nonconforming structure, and shall be only as great in volume or area as the original nonconforming structure.

3.

In the event that the proposed reconstruction would (a) cause the structure to exceed the volume or area of the original nonconforming structure or (b) exceed applicable requirements for yards, setback, and/or height, a special permit shall be required from the Board of Appeals.

3.3.8 Reversion to Nonconformity. No nonconforming use shall, if changed to a conforming use, revert to a nonconforming use.