6.1.1 Special Permit Required. The quarrying of stone or the removal of topsoil, sand, gravel or subsoil by any person, firm or corporation on any parcel of land in the City of Salem shall be allowed only by special permit from the Board of Appeals after public notice and hearing, and no permit shall be issued for more than two (2) years.

6.1.2 Exception. However, these regulations shall not apply where such removal or quarrying is necessarily incidental to or in connection with the construction, alteration, excavation or grading for a building, road or other facility involving a permanent chance in the use of the land, provided that there is reasonable assurance that the construction will be diligently carried on until completion.

6.1.3 Requirements. Removal or quarrying by special permit shall be subject to the following conditions:

1.

It must be determined that the removal or quarrying is not seriously detrimental to the neighborhood. Removal operations shall not be performed closer than three hundred (300) feet to a public road or to any existing dwelling, school or park. Removal operations as a nonconforming use of land shall not be extended beyond the property lines of the particular parcels upon which such operations are in progress at the time of the adoption of this Ordinance.

2.

At no time shall quarries be maintained at levels such that groundwater and surface water accumulate. Such areas shall either be filled or drained.

3.

Where there is any open excavation, there shall be a substantial fence with suitable gates completely enclosing the portion of the property in which the excavation is located, and such fence shall be located not closer than fifty (50) feet from the edge of such excavation.

4.

When the removal or quarrying is discontinued, the earth shall be reshaped to reduce the disfigurement of the land, with a maximum allowable slope of twenty (20) percent. In case of topsoil removal, the area shall be seeded and maintained until plant cover is well established. These measures shall be taken progressively as the use of each part for removal or quarrying is discontinued and shall not be postponed until final abandonment of the entire operation.

6.1.4 Decision. The Board of Appeals may impose whatever additional requirements it deems necessary to accomplish the purposes herein stated, and such requirements, in addition to those stated above, shall be considered as conditions of the special permit.

6.2.1 General. No person shall park, store or occupy a trailer for living or business purposes within the City of Salem, except:

1.

The owner of residential premises may permit occupancy of such premises by nonpaying guests using a trailer for a period not to exceed twenty (20) days. A special permit for this purpose must be obtained from the Building Commissioner before the land can be so occupied. No more than one (1) trailer is permitted with any one (1) residence or lot.

2.

A temporary office incidental to construction on or development of the premises on which the trailer is located shall be permitted.

(Ord. of 9-9-21, § 3)

6.2.2 Connection Prohibited. In neither case enumerated in Section 6.2.1 shall the trailer be connected to public water or sewer facilities. Trailers used as temporary construction offices may be connected to telephone and electric facilities.

6.2.3 Storage. Dead storage and/or parking of trailers will be permitted in accordance with the following provisions:

1.

Such stored trailers shall not be used for living occupancy, except as stipulated in Section 6.2.1 above.

2.

Trailers shall not be stored in any front yard. If stored in any side or rear year, the trailer shall not be placed closer than ten (10) feet from any lot line or within five (5) feet of any building on an adjacent lot.

6.3.1 General. Any motor vehicle light service station in any district shall conform at least to the following regulations. Where the density regulations for any district in which a motor vehicle light service station is located are more restrictive than the regulations contained hereinafter, the service station shall conform to the more restrictive dimensional requirements.

6.3.2 Dimensional Requirements.

1.

Every service station shall have a minimum lot width of one hundred twenty (120) feet and a minimum lot area of twelve thousand (12,000) square feet, plus an additional two thousand (2,000) square feet of lot area and an additional twenty (20) feet of lot width for every two (2) pumps and one (1) service bay in excess of four (4) pumps and two (2) service bays. Duplex pumps and/or hoses that are covered or enclosed in a single housing shall be counted as two (2) pumps.

2.

Every structure erected for use as an service station shall have a minimum setback from the street right-of-way of forty (40) feet and a minimum setback from all property lines of ten (10) feet. All pump islands shall be set back a minimum of fifteen (15) feet from all property lines.

6.3.3 Service Areas. All vehicle service areas shall be constructed to conform to the following standards:

1.

A curb six (6) inches high and six (6) inches wide shall be provided along all property lines abutting street rights-of-way, except for portions used for driveway entrances.

2.

The entire area used for vehicle service shall be paved, except for such area as is landscaped and considerably protected from vehicle use by a low barrier.

3.

Hydraulic hoists, pits and lubricating, greasing, washing and repair equipment shall be entirely enclosed within a building.

4.

The width of driveway entrances shall be not more than twenty-four (24) feet.

5.

The angle of intersection of the driveway with the street shall be not more than sixty (60) degrees.

6.

The distance from any driveway to any side property line shall be not less than twenty (20) feet.

7.

The distance between curb cuts shall be not less than forty (40) feet.

6.3.4 Screening. A solid wall or compact evergreen screening five (5) feet high shall be erected along all property lines abutting residential uses.

6.3.5 Lighting. Exterior lighting shall be so arranged as to reflect light away from adjoining premises and streets.

6.4.1 General. Unless a license is issued by the Licensing Board, no new and/or used motor vehicles, including motorcycles, trailers as defined in this Ordinance, boats and canoes of any description, motors including outboard motors may be displayed and/or sold or rented, regardless of ownership of same, from any building or lot within the City limits.

6.4.2 Exception. This provision, however, shall not apply to any person who resides in RC, R1, R2 and R3 Districts, subject to the following provisions:

1.

Only one (1) vehicle or item, as listed hereinbefore, may be displayed for sale in any twelve-month period.

2.

The registered owner must reside in and be the owner of the property on which the vehicle for sale is displayed. Persons of the First degree of kindred permanently residing in the dwelling unit may be included in this interpretation.

3.

No vehicle for sale shall be permanently displayed on the street at any time, nor shall it be permanently displayed or parked in any front yard area. Refer to Section 4.1.2 for the definition of front yard.

4.

Only one (1) "For Sale" sign, which shall not exceed one and one-half (1.5) square feet in area, may be displayed. This sign must be located on the interior side of the front or rear window.

No portion of this Ordinance shall be interpreted to regulate or restrict the use of land or structures for religious purposes or for educational purposes on land owned or leased by the Commonwealth of Massachusetts or any of its agencies, subdivisions or bodies politic or by a religious sect or denomination or by a nonprofit educational corporation; provided, however, that such land or structures must comply with all the requirements of the Zoning Ordinance concerning the bulk and height of structures, yard size, lot area, setbacks, open space, parking and building coverage requirements of the zoning district in which it is located.

6.6.1 Purpose. The purpose of this amendment is to provide areas where wireless communications facilities (WCF) can be sited by special permit, while minimizing potential damage and adverse visual impacts on adjacent properties, residential neighborhoods, and areas of historic or high scenic value; to allow the provision of necessary wireless communication services in an orderly way; and to promote shared use of existing facilities to reduce the need for new facilities.

6.6.2 General. Except as provided in Section 6.6.6, an applicant for a WCF may not be issued a building permit unless or until a WCF special permit has been issued by the Planning Board. The Planning Board may approve, or approve with conditions, if the petitioner can fulfill the requirements of this section. An application for a WCF special permit shall be denied if the petitioner cannot fulfill the requirements of this section.

6.6.3 Requirements.

1.

A monopole shall be the only wireless communication structure (WCS) issued a WCF special permit. Lattice towers and guyed towers are not allowed as a WCS.

2.

A WCF special permit may also be granted for a wireless communication device (WCD) or WCS to be affixed to existing, multi-story, apartment buildings or structures so long as such WCD or WCS shall not exceed fifteen (15) feet in height above the highest building or structure within three hundred (300) feet of the proposed WCF.

3.

To the extent feasible, all service provided shall co-locate all WCFs on a single facility. WCFs shall be designed to accommodate the maximum number of users technologically practical. The intent of this requirement is to reduce the number of facilities which will be required to be located within the community.

4.

WCSs or WCFs shall be removed by the owner at the owner's expense within six (6) months of cessation of use for the particular purpose for which the applicable special permit or any other permit was originally issued for such WCF. At such a time as the carrier plans to abandon or discontinue operation of said WCF, the carrier shall notify the City by certified mail of the proposed date of cessation or abandonment. If the carrier falls to remove the WCF in accordance with this section, the City shall have the authority to enter the subject WCF and physically remove. The Planning Board may require the applicant to post a bond at the time of construction to cover costs for the removal of the WCF in the event the City must remove the WCF.

5.

Any proposed extension in the height, addition of cells, antennas or panels, constitution of a new facility, or replacement of a facility, shall be subject to a new application for an amendment to the special permit.

6.6.4 Submission Requirements. All applications for WCF special permit shall be made and filed with the Planning Board. For an application to be considered complete fifteen (15) copies of the following must be submitted:

1.

Locus plan of the proposed area at a scale no greater than one (1) inch = two hundred (200) feet which shows property lines, the exact location of the proposed structures, streets, residential dwellings and all buildings within seven hundred (700) feet of the property

2.

A color photograph or rendition of the proposed facility with its antennas or panels. A rendition shall also be prepared illustrating a view of the monopole, dish or antennas from the nearest street.

3.

The following information must be submitted and prepared in written form by a knowledgeable registered professional engineer and/or radio frequency engineer or other person deemed qualified by the Planning Board:

a.

A description of the facility;

b.

The technical, economic and other reasons why the proposed location, height and design fulfills the purposes of this Section;

c.

Confirmation that the facility complies with all applicable federal and state rules, regulations and standards-,

d.

A description of the capacity of the facility including the number and type of panels, antennas and/or transmitter's receivers that it can accommodate for the purpose of these calculations;

e.

Confirmation to the Building Commissioner that the proposed facility complies with or is exempt for applicable regulations administered by the FAA, FCC, Massachusetts Aeronautic Commission and the Massachusetts Department of Public Health. This confirmation will be provided to the Building Commissioner by the then current owner every two (2) years after issuance of the original building permit;

f.

The applicable review and advertising fees as noted in the application guidelines.

6.6.5 Design Guidelines. The following guidelines shall be used when preparing plans for the siting and construction of all WCFs.

1.

No monopole shall exceed two hundred feet (200) in height.

2.

All facilities shall be painted or otherwise colored to blend in with the landscape or the structure on which they are located/attached.

3.

WCFs shall be suitably screened from abutters and residential neighborhoods.

4.

A security barrier shall be provided to control access to WCFs and shall be compatible with the scenic character of the area.

5.

Existing on-site vegetation shall be preserved to the maximum extent possible.

6.

There shall be no signs, except for announcement signs, no trespassing signs, safety signs and a required sign giving a phone number where the owner can be reached on a twenty-four-hour basis. All signs shall conform to the City of Salem's Sign Ordinance and Entrance Corridor Overlay District.

7.

A monopole shall not be erected nearer to any property line than a distance equal to a minimum of one hundred twenty-five (125) percent of the height of the monopole measured from the lowest point on the base of the monopole.

8.

A freestanding monopole shall be located a minimum of five hundred (500) feet from the nearest residential structure.

9.

Night lighting of towers shall be prohibited unless required by the FAA. Lighting shall be limited to that needed for emergencies and/or required by the FAA.

6.6.6 As of Right WCF. A WCF can be located and allowed as a matter of right provided it is located within or on a preexisting nonresidential building or municipal structure.

1.

In the event that a WCD or WCS is affixed to an existing nonresidential building or municipal structure such WCD or WCS shall not exceed fifteen (15) feet in height above the highest building or structure within three hundred (300) feet of the proposed WCF.

2.

In the event that a WCD is to be concealed completely in a preexisting nonresidential structure (e.g. steeples) plans for the proposed concealed antenna shall be submitted to the Building Commissioner for a written determination that the antenna is not visible.

3.

Antennas used for City and State emergency services and antennas used solely and exclusively for ham radio operation and home television reception are excluded from this section.

6.7.1 Purpose. The purpose of this section is to protect the safety, public health, convenience and general welfare of the inhabitants of the City of Salem by providing detailed review of the design and layout of drive-through facilities, which have a substantial impact upon the character of the city and upon traffic, utilities and services therein.

6.7.2 Powers and Administrative Procedures. The Planning Board is hereby designated the Special Permit Granting Authority (SPGA) for drive-through plan approval. The SPGA shall adopt rules relative to the application for special permits for drive-through plan approval and file a copy with the City Clerk. After notice and public hearing and after due consideration of the reports and recommendations of other city boards, commissions and or departments, the SPGA may grant such a permit. The SPGA shall also impose, in addition to any applicable conditions specified in this section, such applicable conditions as the SPGA finds reasonably appropriate to improve the site design, traffic flow, safety and otherwise serve the purposes of this section. Such conditions shall be imposed in writing and the applicant may be required to post a bond or other surety for compliance with said conditions in an amount satisfactory to the SPGA.

6.7.3 Applicability. This section applies to all uses identified as requiring a special permit for drive-through facilities in the Table of Uses and Section 8.4 regarding the NRCC District.

6.7.4 Site Plan Review. Any proposed drive-through facility shall be subject to site plan review in accordance with the requirements as set forth in Section 9.5, herein.

6.7.5 Traffic Impact Study.

1.

A detailed traffic impact analysis in accordance with professional engineering standards is required for any special permit or site plan approval application containing a drive-through facility for fast food. The SPGA may require a traffic impact study for other drive-through facilities. A registered professional engineer experienced and qualified in traffic engineering shall prepare the traffic impact study.

2.

A proposed mitigation plan must be included: A plan (with supporting text) to minimize traffic and safety impacts through such means as physical design and layout concepts, or other appropriate means; and an interior traffic and pedestrian circulation plan designed to minimize conflicts and safety problems. Measures shall be proposed to achieve the following post development standards: All streets and intersections to be impacted by the project shall have the same level of service or better than predevelopment conditions. The SPGA must determine that the mitigation is satisfactory.

6.7.6 Standards.

1.

There must be a minimum of two hundred (200) feet between curb cuts, unless reduced by the SPGA in those instances when the reduction may be granted without detriment to the public good and without substantially derogating from the intent and purpose of this section.

2.

The width of any curb cut shall not exceed twenty-five (25) feet, unless the traffic impact study identifies the need for a larger curb cut and the requirement is increased by the SPGA.

3.

Curb cuts must be sufficiently setback from intersections and directional restrictions (i.e. right-in/right-out only and/or a restrictive median) must be provided as required by the Board.

4.

A system of joint use driveways and cross access easements shall be established wherever feasible and the proposed development shall incorporate the following:

a.

A service drive or cross access corridor extending the width of the parcel;

b.

Sufficient width to accommodate two-way travel lanes;

c.

Stub-outs and other design features to make it visually obvious that the abutting properties may be tied in to provide cross-access via a service drive.

5.

Developments that provide service drives between properties may be permitted a ten (10) percent reduction in the required number of parking spaces. If information can be provided to show that peak demand periods of development with shared parking or a service drive connection are not simultaneous, the number of required parking spaces may be reduced by twenty (20) percent.

6.

Drive-through facilities—fast food, shall provide a minimum of eight (8) stacking spaces (within the site) before the order board. The facility shall provide another four (4) stacking spaces between the order board and the transaction window. If the facility has two (2) transaction windows the four (4) stacking spaces may be spilt between each of the windows. An additional stacking space shall be provided adjacent to the last transaction windows within the site.

7.

Drive-through facilities—other: Number of stacking spaces to be at the discretion of the Board.

8.

Each stacking space shall be a minimum of twenty (20) feet in length and ten (10) feet in width along straight portions. Stacking spaces and stacking lane shall be a minimum of twelve (12) feet in width along curved segments.

9.

Stacking lanes shall be delineated from traffic aisles, other stacking lanes and parking areas with striping, curbing, landscaping and/or the use of alternative paving materials or raised medians.

10.

Entrances to stacking lane(s) shall be clearly marked and a minimum of twenty (20) feet from the curb cut measured at the property line.

11.

Stacking lanes shall be designed to prevent circulation congestion, both on site and on adjacent public streets. The circulation shall: separate drive-through traffic from site circulation; not impede or impair access into or out of parking spaces; not impede or impair vehicle or pedestrian traffic movement; and minimize conflicts between pedestrian and vehicular traffic. Stacking lanes shall not interfere with required loading and trash storage areas and loading or trash operations shall not impede or impair vehicle movement within stacking lanes. If said separate stacking lane is curbed an emergency by-pass or exit shall be provided.

12.

Any outdoor service facilities (including service lane, menu boards, speakers, etc.) for drive-through facilities fast food shall be a minimum of two hundred (200) feet from the property line of a residential use. Any outdoor service facilities (including service lane, menu boards, speakers. etc.) for drive-through facilities—other shall be a minimum of fifty (50) feet from the property line of a residential use. For any drive-through facility, a landscaped buffer and solid wooden panel fence must be provided along side and rear yards directly adjacent to residential uses to screen the abutting residential use. The landscaped buffer must be a minimum of twenty (20) feet wide.

13.

Menu boards shall be a maximum of thirty (30) square feet, with a maximum height of six (6) feet and shall be shielded from any public street and residential properties.

14.

A leveling area shall be provided having a minus one percent grade for a distance of thirty (30) feet measured from the nearest exterior line of the intersecting street, to the point of vertical curvature.

15.

When a drive-through is proposed on a property with an historic building, the architectural character defining exterior elements of historic building shall be preserved. Signage should be compatible with the historic character of the building.

16.

Noise levels generated by all operations, including but not limited to noise emanating from speakers from the resultant establishment(s), shall not increase the broadband sound level by more than ten (10) dB(A) above the ambient levels measured at the property line by the Board of Health or its designee.

17.

Any drive-through fast food business asking to operate between the hours of 11:00 p.m. and 6:00 a.m. must come before the City Council for approval pursuant to City Ordinance Chapter 14, Section 14-228.

6.7.7 Compliance.

1.

No building permit shall be issued by the Building Commissioner and no construction or site preparation shall be started, until the special permit decision of the Planning Board approving a drive-through facility has been filed with the City Clerk and no appeal has been filed.

2.

An as-built plan, certified by a registered professional land surveyor or engineer shall be submitted to the Planning Board and Building Commissioner before the issuance of a permanent occupancy permit.

3.

No permanent occupancy permit shall be issued for any building/drive-through facility subject to this section unless such building and all its related facilities have been completed according to the approved site/drive-through plan.

4.

Any changes in the approved site/drive-through plan, or in the activity to be conducted on the site shall be submitted to the SPGA for review and approval pursuant to all requirements of this section.

5.

The SPGA may, in appropriate cases as it determines, impose further restrictions upon the development or parts thereof as a condition to granting the approval.

In order to provide unobstructed visibility at intersections, no sign, fence, wall, hedge or other structure or planting of more than three (3) feet above the established street grade shall be erected, placed or maintained within the triangular area formed by the intersection street lines and a straight line joining said street lines at points which are twenty-five (25) feet distant from the point of intersection, measured along said street lines.

6.9.1 Purpose. The purpose of this section is to accommodate wind energy facilities in appropriate locations, while minimizing any adverse visual, safety, and environmental impacts of the facilities.

6.9.2 Definitions.

Wind Energy Facility: All equipment, machinery and structures utilized in connection with the conversion of wind to electricity. This includes, but is not limited to, all transmission, storage, collection and supply equipment, substations, transformers, site access, services roads and machinery associated with the use. A wind energy facility may consist of one or more wind turbines.

Residential Scale Wind Energy Facilities shall be considered those with a rated nameplate capacity less than or equal to 60 kilowatts per turbine, and a height up to one hundred fifty (150) feet.

Commercial Scale Wind Energy Facilities shall be considered those with a rated nameplate capacity greater than 60 kilowatts per turbine and/or a blade-tip height greater than one hundred fifty (150) feet.

Distributed Generation Facilities are those which are primarily designed to provide electrical output, or the value thereof, for the use of adjacent structures.

Rated Nameplate Capacity: The maximum rated output of electric power production equipment

Height: The height of the turbine measured from the natural grade to the tip of the blade at its highest point.

Clear area: Area surrounding a wind turbine to be kept free of habitable structures.

Nacelle: The frame and housing at the top of the tower that encloses the gearbox and generator and protects them from the weather.

Rotor: The blades and hub of the wind turbine that rotate during turbine operation.

Wind Monitoring or Meteorological ("test") Towers: A temporary tower equipped with devices to measure wind speeds and direction, and used to determine how much wind power a site can be expected to generate.

6.9.3 Requirements. A Land-based Wind Energy Facility may not be issued a building permit unless or until a special permit has been issued by the Planning Board, irrespective of whether the use is a principal or accessory use. The Planning Board shall approve, or approve with conditions, if the petitioner can fulfill the requirements of this section.

1.

Wind monitoring or meteorological towers shall be exempt from height and other dimensional regulations of the Zoning Ordinance and shall follow the setback requirements of this section. Wind monitoring or meteorological towers over a height of two hundred (200) feet shall require a Special Permit from the Planning Board. Wind monitoring or meteorological towers equal to or less than two hundred (200) feet in height shall be allowed as a matter of right subject to the issuance of a building permit for a temporary structure.

2.

Wind Energy Facilities shall be allowed on all land owned by the City of Salem.

3.

Wind Energy Facilities shall not be permitted on lots less than fourty thousand (40,000) square feet.

6.9.4 Special Permit Criteria. All wind energy facilities shall be constructed and operated in locations that minimize any adverse visual, safety, and environmental impacts. No special permit shall be granted unless the Planning Board finds:

1.

The specific site is an appropriate location for such use;

2.

The use will not adversely affect the neighborhood;

3.

There will be no serious hazard to people or vehicles from the use;

4.

No nuisance will be created by the use; and

5.

Adequate and appropriate facilities will be provided for the proper operation of the use.

6.9.5 Site Control. The applicant shall submit documentation of the legal right to install and use the proposed facility at the time of application for a Special Permit. Documentation should also include proof of control over the setback area. Control shall mean legal authority to prevent the use of any structure within the setback area for human habitation or other use permitting human occupancy.

6.9.6 Proof of Liability Insurance. Prior to the issuance of a building permit, the applicant shall be required to provide evidence of liability insurance and documentation that said amount is sufficient to cover loss or damage to persons and structures occasioned by the failure of the facility.

6.9.7 Standards. Proposed wind energy conversion facilities shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable electrical, construction, noise, safety, and environmental and communications requirements. All wind energy conversion facilities shall comply with the requirements set forth in this section, unless waived by the Planning Board.

1.

Height. Commercial Scale Wind Energy Facilities shall be no higher than four hundred (400) feet; Residential Scale Wind Energy Facilities shall be no higher than one hundred fifty (150) feet. The height shall be measured from the natural grade to the highest point reached by the rotor blades. The Planning Board may allow this height to be exceeded as part of the special permit process if the project proponent can demonstrate that the additional height is needed and that the additional benefits of the higher tower outweigh any increased adverse impacts.

2.

Monopole Towers. Monopole towers are the preferred type of support for wind turbines.

3.

Setback or Clear Area. The following setbacks shall be observed:

a.

The minimum distance from the base of any wind turbine tower to any property line shall be equal to seventy-five (75) percent of the height of the structure or the setback provisions of the zoning district, whichever is greater;

b.

The minimum distance from the base of any wind turbine to any dwelling, business or institutional use shall be equal to the total height of the structure.

c.

The purpose of the setbacks is to provide a clear area, to be kept free of habitable structures. The clear area does not need to be cleared of trees and vegetation; to the extent possible, existing on-site trees and vegetation shall be preserved. Wetland buffer areas may be within the clear area.

d.

The Planning Board may reduce the setbacks as appropriate based on site specific considerations.

4.

Visual Impact. The proponent shall demonstrate through project siting and proposed mitigation that the wind energy conversion facility minimizes any impact on the visual character of surrounding neighborhoods and the community. This may include, but not be limited to, information regarding site selection, turbine design, buffering, lighting and cable layout.

5.

Color. Wind energy conversion facilities shall be painted a non-reflective color that blends with the sky and clouds.

6.

Equipment Shelters. All equipment necessary for monitoring and operation of wind energy facilities should preferably be contained within the turbine tower. If this is not feasible, ancillary equipment may be located outside the tower. Whenever reasonable, structures should be joined or clustered and contained either within an underground vault, enclosed within a separate structure, or shielded from view either by year-round landscaping or vegetated buffers to avoid adverse visual impacts.

7.

Lighting and Signage.

a.

Wind turbines shall be lighted only if required by the Federal Aviation Administration (FAA). The proponent shall provide a copy of the FAA's determination to establish the required markings and/or lights for the structure.

b.

Lighting of equipment, structures and any other facilities on site shall be shielded from abutting properties.

c.

Signs on the facility shall comply with the City of Salem's sign regulations and be limited to those needed to identify the property and the owner and warn of any danger, and educational signs providing information on the technology and renewable energy usage.

8.

Utility Connections. All utility connections from the commercial wind facility site shall be underground unless the applicant demonstrates by substantial evidence that the construction of such underground facilities would be unreasonable owing to circumstances relating to the solid conditions, shape or topography of such a site, or if the utility provider requires the connections to be above ground.

9.

Land Clear/Open Space/Rare Species. Wind energy facilities shall be designed to minimize land clearing and fragmentation of open space areas and shall avoid permanently protected open space when feasible. Wind turbines should be sited to make use of previously developed areas wherever possible. Wind energy facilities shall also be located in a manner that does not have significant negative impacts on rare species, including avian species in the vicinity.

10.

Noise. The wind energy facility and associated equipment shall conform to Massachusetts noise regulations (310 CMR 7.10). An analysis, prepared by a qualified engineer, shall be presented to demonstrate compliance with these noise standards and be consistent with the Massachusetts Department of Environmental Protection guidance for noise measurement.

11.

Shadowing/Flickering. Wind energy conversion facilities shall be sited in a manner that does not result in significant shadowing or flicker impacts. The proponent has the burden of proving that this effect does not have significant adverse impact on neighboring adjacent uses either through siting or mitigation.

12.

Safety Standards.

a.

No hazardous materials or waste shall be discharged on the site of any wind energy facility. If any hazardous materials are to be used on site, there shall be provisions for full containment of such materials or waste. An enclosed containment area, designed to contain at least one hundred ten (110) percent of the volume of the hazardous materials or waste stored or used on the site may be required to meet this requirement. The wind energy conversion towers shall also be designed to prevent unauthorized use.

b.

A Wind Energy Facility regardless of height above the ground shall be equipped with a site-specific fire detection and fire suppression system of a type which has been listed by the Underwriters Laboratory (UL) and/or approved by Factory Mutual (FM). The site-specific fire detection and fire suppression system and components shall be approved by the Fire Marshal.

c.

Access to the site must be cleared and maintained to a level of acceptance by the Fire Marshal.

d.

Warning signs indicating voltage must be placed at the base of all ground/base mounted electrical equipment.

e.

Electrical equipment shall be locked or fenced to prevent entry.

f.

While monopole construction is preferable in the event guy wires are used, then visible, reflective colored objects such as flags, reflectors, or tape shall be placed on all guy wires up to a height of ten feet above the ground or surface where the wind energy equipment is mounted.

g.

Annual reports to the Fire Department detailing the year's operations, including but not limited to, number of days of operations, energy production, and maintenance items/issues.

h.

Hazardous materials are limited to lube oil or coolants used for routine maintenance and may be stored in limited quantities in their original packaging. Waste oils or coolants shall not be stored on site.

i.

Unauthorized access—No ladders, step bolts, or other climbing means shall be readily accessible to the public for a minimum of fifteen (15) feet above the ground or surface where the wing energy equipment is mounted.

j.

The owner of a proposed wind project shall provide a project summary, electrical schematic, and site plan to the Salem Fire Department with a proposed emergency response plan prior to issuance of a special permit.

6.9.8 Submission Requirements. Fifteen (15) collated sets of application materials shall be submitted with any application for a Wind Energy Facility Special Permit. Application materials shall include all plans and materials required in this section:

1.

Documentation. Applications must include: documentation of the legal right to install and use the proposed facility and proof of control over the setback or clear areas, proof of financial surety, proof of liability insurance, certification of lighting requirements from the FAA, certification of attainment for Federal Communications Commission (47 CFR Part 15) relating to interference with radio or television reception, and a statement that satisfies noise requirements.

2.

Site Plan Requirements. A one-inch-equals-200 feet vicinity plan, signed and sealed by a Registered Professional Engineer or Licensed Surveyor must be submitted showing:

a.

Property lines, buildings (including accessory structures), public and private roads within 300 feet of the subject property.

b.

Proposed location of wind energy conversion facility, including all turbines, fencing, associated ground equipment, transmission infrastructure, access roads, parking area and any other construction or development attendant to the wind energy conversion facility.

c.

Distances, at grade, from the proposed wind energy conversion facility to each building on the vicinity plan shall be shown.

d.

The proposed changes to the existing property including grading and vegetation removal.

e.

A landscape plan showing existing trees and shrubs, as well as those proposed to be added, identified by size and species.

f.

Tree cover and average height of trees on the subject property and adjacent properties within three hundred (300) feet.

g.

Contours at each two (2) feet Above Mean Sea Level for the subject property and adjacent properties within three hundred (300) feet.

h.

Zoning district designation for the subject parcel.

3.

Elevations. Elevations shall be either at a one-fourth (¼) or one-eighth (⅛) inch scale showing views at-grade from the north, south, east and west for a fifty-foot radius around the proposed wind energy facility. Elevations shall show all equipment, security barriers, structures, existing and proposed trees and shrubs, and grade changes.

4.

Photographs and Sight-line Diagrams.

a.

Color photographs of the current view shall be submitted from at least two locations to show the existing conditions.

b.

Each of the existing condition photographs shall have the proposed wind energy facility superimposed on it to accurately simulate the proposed wind energy facility.

c.

Color photographs of the existing conditions at the base of the proposed turbine site shall be submitted. These photographs shall serve as the documentation of the natural condition of the site.

d.

Sight-line diagrams from at least two locations, such as a public roadway or the closest habitable structure, shall be depicted in profile drawings at a scale of one inch equals 40 feet. The diagrams shall show the lowest point of the turbine visible from each location and all intervening trees and buildings.

5.

Materials and Colors. Specifications for the proposed wind energy facility shall be provided for all equipment and attendant facilities.

6.

Balloon or Crane Test. Prior to, or at the time of filing an application for a Special Permit, the applicant shall arrange for a balloon or crane test at the proposed site to illustrate the height of the proposed facility. The date, time, and location of such test shall be advertised in a newspaper of general circulation at least fourteen (14) days, but not more than twenty-one (21) days prior to the test. In addition, notice shall be provided to three hundred (300) feet abutters and abutting municipalities. Notice of the Balloon test may be combined with the notice of the public hearing.

6.9.9 Professional Fees.

The City may retain a technical expert/consultant to verify information presented by the applicant at the cost of the applicant.

6.9.10. Utility Notification.

No residential scale wind energy system shall be installed until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer owned generator. Off grid systems shall be exempt from this requirement.

6.9.11 Use by Telecommunications Carriers. Wind energy conversion facilities may be used to locate telecommunications antennas, subject to applicable regulations governing such uses, and subject to the following requirements:

1.

All ground-mounted telecommunications equipment shall be located in either a shelter within the turbine tower or otherwise screened from view year-round; and

2.

Antennas should be flush-mounted to be keeping in the design of the wind turbine tower; and

3.

All cabling associated with the personal wireless facility shall be contained within the tower structure or enclosed within a conduit painted to match the turbine mount.

6.9.12 Term of Special Permit. A Special Permit issued for any wind energy conversion facility shall be valid for twenty-five (25) years. At the end of that time period, the wind energy conversion facility shall be removed by the applicant unless a renewal or extension of the Special Permit is granted by the Planning Board. Upon request, the Planning Board may extend, renew, or modify the Special Permit if the operation of the facility is satisfactory.

6.9.13 Monitoring and Maintenance.

1.

After the wind energy conversion facility is operational, the owner shall submit to the City at annual intervals from the date of issuance of the Special Permit, a report detailing operating data for the facility.

2.

Notice shall be provided to the City of any change of ownership.

3.

The owner shall maintain the wind energy conversion facility in good condition. Such maintenance shall include, but not be limited to, painting, structural integrity of the foundation, the support structure, the security barrier (if applicable) and maintenance of the buffer areas and landscaping if present.

6.9.14 Abandonment or Discontinuation of Use.

1.

At such time that a wind energy conversion facility is scheduled to be abandoned or discontinued, the applicant will notify the City of Salem by certified U.S. mail of the proposed date of abandonment or discontinuation of operations. In the event that an applicant fails to give such notice, a wind energy facility will be considered to be abandoned if it is not operated continuously for a period of one (1) year, or if it is designated as a safety hazard by the Building Commissioner.

2.

Upon abandonment or discontinuation of use, the owner shall physically remove the wind energy conversion facility within ninety (90) days, unless an extension is granted by the Planning Board. "Physically remove" shall mean removal of all equipment and restoration of the location to its natural condition as shown in the baseline documentation photos except that, new landscaping and grading done as part of the turbine installation may remain.

3.

If the applicant fails to remove a wind energy conversion facility in accordance with this section, the City shall have the authority to enter the subject property and physically remove the facility. The applicant may be required to provide a form of surety at the time of construction to cover the costs of the removal in the event the City must remove the facility. The applicant shall submit a fully inclusive estimate of costs associated with removal, prepared by a qualified engineer. The amount of the surety should be for one hundred fifty (150) percent of the cost at the time. The amount shall include a mechanism for a Cost of Living Adjustment after ten (10) and fifteen (15) years.

M.G.L.A. c. 94G, authorizes a system of state licensing for businesses engaging in the cultivation, testing, processing and manufacturing, and retail sales of marijuana, collectively referred to as "marijuana establishments." In addition to the discretion the city has to issue a letter of support or non-opposition to a potential licensee to the state licensing authority, M.G.L.A. c. 94G § 3, allows cities to adopt ordinances that impose reasonable safeguards on the operation of marijuana establishments, provided they are not unreasonably impracticable and are not in conflict with the law.

6.10.1 Purpose. The purpose of this ordinance is to allow state-licensed retail marijuana establishments to exist in the City of Salem in accordance with applicable state laws and regulations and impose reasonable safeguards to govern the time, place and manner of marijuana establishment operations and any business dealing in marijuana accessories in such a way as to ensure public health, safety, well-being, and undue impacts on the natural environment as it relates to cultivation, processing and manufacturing subject to the provisions of this Zoning Ordinance, M.G.L.A. c. 40A, and M.G.L.A. c. 94G.

6.10.2 Applicability; Effective Date. This section applies to all marijuana establishments including marijuana cultivators, testing facilities, product manufacturers, processors, and retailers licensed by the Commonwealth pursuant to M.G.L.A. c. 94G.

Under M.G.L.A. c. 94G, experienced marijuana establishment operators including medical marijuana treatment centers as defined in Chapter 369 of the Acts of 2012 with a registration in good standing, or a reorganized marijuana business established by a vote of at least 2/3 of the Board of Directors of any entity that submitted an application for a registration to operate a medical marijuana treatment center to the Department of Public Health before October 1, 2015 and was issued a provisional registration to operate a medical marijuana treatment center by the Department of Public Health are also subject to this Zoning Ordinance should an experienced marijuana establishment operator of a medical marijuana treatment center convert into a retail marijuana establishment.

6.10.3 Definitions. The following definitions, consistent with M.G.L.A. c. 94G, shall apply in the interpretation and enforcement of this section:

1.

Marijuana cultivation facility - An entity licensed to cultivate, process and package marijuana, to deliver marijuana to marijuana establishments and to transfer marijuana to other marijuana establishments, but not to consumers.

2.

Marijuana manufacturing facility - An entity licensed to obtain, manufacture, process and package marijuana and marijuana products, to deliver marijuana and marijuana products to marijuana establishments and to transfer marijuana and marijuana products to other marijuana establishments, but not to consumers.

3.

Marijuana testing facility - A laboratory that is licensed by the commission and is: (i) accredited to the most current International Organization for Standardization 17025 by a third-party accrediting body that is a signatory to the International Laboratory Accreditation Cooperation mutual recognition arrangement or that is otherwise approved by the commission; (ii) independent financially from any medical marijuana treatment center or any licensee or marijuana establishment for which it conducts a test; and (iii) qualified to test marijuana in compliance with regulations promulgated by the commission.

4.

Marijuana retailer - An entity licensed to purchase and deliver marijuana and marijuana products from marijuana establishments and to deliver, sell or otherwise transfer marijuana and marijuana products to marijuana establishments and to consumers.

6.10.4 Special Permit Required. The Zoning Board of Appeals may grant a special permit for marijuana establishments, as defined in M.G.L.A. c. 94G, in accordance with the standards set forth in this section and the general criteria for granting a special permit contained in Section 9.4 of the Zoning Ordinance.

6.10.5 Requirements.

1.

It shall be unlawful for any person to operate a marijuana establishment without obtaining a special permit to operate pursuant to the requirements of this Ordinance.

2.

A separate special permit is required for each different marijuana establishment detailed in Section 6.10.3, above. In the case that one or more different types of marijuana establishments are proposed, each establishment type shall require a special permit from the Zoning Board of Appeals.

3.

The special permit requirements set forth in this chapter shall be in addition to, and not in lieu of, any other licensing and permitting requirements imposed by any other federal, state, or local law.

4.

The issuance of a special permit pursuant this chapter does not create an exception, defense, or immunity to any person or entity in regard to any potential criminal liability the person or entity may have for the production, distribution, or possession of marijuana.

5.

A special permit issued for a marijuana establishment is not transferable or assignable to a different location or a different type of marijuana establishment.

6.10.6 General Provisions. The following apply to all marijuana establishments as defined above and in M.G.L. c. 94G, including marijuana cultivation facilities, manufacturing facilities, testing facilities, and retail establishments:

1.

Security, Operations, and Emergency Plans. All marijuana establishments shall file a security plan, operation and management plan, and emergency plan with the Salem Police Department:

a.

Security Plan.

i.

The petitioner shall submit a security plan to the Salem Police Department and Department of Planning and Community Development, in conformance with the requirements of the Salem Police Department, to demonstrate that there is limited undue burden on city public safety officials as a result of the proposed business prior to the issuance of a certificate of occupancy.

ii.

The security plan shall include the details of all security measures for the site and the transportation of marijuana and marijuana products to and from off-site premises to ensure the safety of employees and the public and to protect the premises property from theft or other criminal activity.

b.

Operation and Management Plan. All marijuana establishments shall submit an operation and management plan to the Building Department which shall include, but not be limited to the following elements: Organizational Structure, Location, Property Description, Hours of Operation and Staffing, description of proposed operations, distribution practices, employee safety, general compliance, fire prevention, sanitation requirements, electrical system overview, proposed energy demand and proposed electrical demand off-sets, ventilation system and air quality, proposed water system and utility demand prior to the issuance of a building permit.

c.

Emergency Response Plan. All marijuana establishments shall meet with the Salem Fire Department and the Salem Police Department to discuss and identify emergency plans/contingency plans for the site prior to the issuance of a certificate of occupancy. A written Emergency Response Plan shall be filed with the Salem Fire Department and the Salem Police Department pursuant to M.G.L.A. c. 94G, § 12.

2.

A marijuana establishment may only be involved in the use permitted by its definition. Retail marijuana establishments may only be located in buildings with other uses, including other types of marijuana establishments, only if the marijuana establishment is separated by full walls from the other use.

3.

All marijuana establishments shall be within a fully enclosed building.

4.

Marijuana establishments shall not be located in mobile structures.

5.

Pursuant to M.G.L.A. c. 94G, § 5(b)(3), a marijuana establishment shall not be located within five hundred (500) feet of a pre-existing public or private school providing education in kindergarten or any of grades 1 through 12.

6.

Marijuana establishments shall, at a minimum, meet the requirements imposed on registered marijuana dispensaries for storage.

7.

No odor from marijuana establishments may be noxious or cause a public nuisance.

8.

No retail marijuana establishment shall be managed by any person other than the licensee or their assign. Such licensee or assign shall be on the premises during regular hours of operation and responsible for all activities within the licensed business and shall provide up to date emergency contact information for the Salem Police Department to have on file.

9.

All waste disposal, shall at a minimum, meet the requirements imposed on registered marijuana dispensaries for disposal to prevent exposure to the public or create a nuisance.

10.

The marijuana establishment shall remove all material, plants, equipment, and any other retail marijuana establishment items upon ceasing its operation.

11.

All business signage shall be subject to the requirements to be promulgated by the Cannabis Control Commission and the requirements of Sections 4-31 through 4-60 of the Code of Ordinances.

12.

No marijuana shall be smoked, eaten, or otherwise consumed or ingested within any type of licensed marijuana establishment.

13.

Hours of operation for marijuana retailers shall be consistent with those of package stores licensed under M.G.L.A. c. 138.

6.10.7 Application Procedure and Submission Requirements. If a Special Permit is required by Section 3.0 Table of Principle and Accessory Uses of the Zoning Ordinance, the petitioner (Applicant) shall submit a standard petition form and materials of the Zoning Board of Appeals application in addition to the following required materials:

1.

Notice from the City shall be sent by mail, postage prepaid to "parties in interest" as used in M.G.L.A. c. 40A within five hundred (500) feet of the property line of the petitioner as they appear on the most recent applicable tax list.

2.

Applicant shall submit proof of approval from the Commonwealth of Massachusetts for the proposed marijuana establishment by submitting copies of all required registrations, licenses and permits issued to the applicant by the state and any of its agencies for the facility as well as the letter of support or non-opposition issued by the city.

3.

The Applicant shall submit proof of site control and right to use the premises proposed for the marijuana establishment and may include a deed, notarized statement from the property owner and a copy of the lease agreement, or real estate contract contingent upon successful licensing, or a letter of intent by the owner of the premises indicating intent to lease the premises to the petitioner contingent upon successful permitting.

4.

In addition to complying with any other state or city requirement related to good character and criminal background, any person or entity proposed to have interests in the license to operate a marijuana establishment shall not have committed any marijuana licensing violation affecting public safety, or received any suspension or revocation of any other state or local marijuana business licenses.

5.

A statement signed by the organization's chief executive officer disclosing all of its designated owners, including officers, directors, partners, managers, or other similarly situated individuals. If any of the above are entities rather than persons, the Applicant must disclose the identity and current contact information of all responsible individuals.

6.

A detailed description of the proposed activities to occur on site in relation to the standard special permit criteria set out in Section 9.4 of the Salem Zoning Ordinance and specific requirements set forth in this chapter.

7.

The petitioner shall submit a security plan to the Salem Police Department and the Department of Planning and Community Development, in conformance with the requirements of the Salem Police Department, to demonstrate that there is limited undue burden on city public safety officials as a result of the proposed business prior to the issuance of a certificate of occupancy.

8.

The petitioner shall submit an operation and management plan to the Salem Police Department and the Department of Planning and Community Development.

9.

The petitioner shall submit a copy of an Emergency Response Plan to the Salem Police Department, the Salem Fire Department, and the Department of Planning and Community Development.

10.

The petitioner shall submit proof that it provided notification in writing to all churches, libraries, institutions of higher education, licensed daycares, nursery schools, or playgrounds within five hundred (500) feet of its proposed location to provide them with the opportunity to comment at the Board of Appeals.

6.10.8 Special Permit Findings. In addition to the findings for a special permit in Section 9.4 of the Zoning Ordinance, the Zoning Board of Appeals must also make the following findings:

1.

The applicant demonstrates that the marijuana establishment will meet all of the permitting requirements of all applicable agencies within the Commonwealth and will be in compliance with all applicable state laws and regulations, including, but not limited to M.G.L.A. c. 94G, § 12 General Marijuana Establishment Operation.

2.

The applicant has satisfied all of the conditions and requirements of this section and other applicable sections of the Zoning Ordinance and any applicable city ordinances.

3.

The facility provides adequate security measures to ensure that there are not direct threats to the health or safety of employees, staff, or members of the public and that storage and location of cultivation is adequately secured.

6.10.9 Requirements Specific to Marijuana Cultivation Facilities. As the cultivation and processing of marijuana is not considered agriculture under M.G.L.A. c. 128, § 1A, and is subject to M.G.L.A. c. 94G, § 12, the following restrictions to ensure the health, safety, well-being of the public, and limit undue impacts on the natural environment as it relates to cultivation, shall apply:

1.

All marijuana cultivation facilities shall use high-efficiency lights and equipment to limit energy and water usage demand.

2.

All marijuana cultivation facilities shall use LEDs for all fixtures except for those that are used in flowering rooms. High Pressure Sodium grow lights may be used for no more than fifty (50) percent of the total square footage of the cultivation area to maximize flowering conditions and limit electricity demand.

3.

No more than one-half ½ of the marijuana plans may be mature, flowering plants.

4.

No pesticides, insecticides, or other chemicals shall be used in the cultivation of marijuana.

5.

Marijuana cultivators shall comply with all regulations that may be promulgated by the Cannabis Control Commission.

6.10.10 Requirements Specific to Marijuana Manufacturing Facilities. Marijuana manufacturing facilities shall be subject to M.G.L.A. c. 94G, § 12 and the following restrictions to ensure the health, safety, and well-being of the public, and limit any undue impacts on the natural environment as it relates to manufacturing, shall apply:

1.

All marijuana manufacturing facilities shall use high-efficiency lights and manufacturing equipment to limit energy and water usage demand.

2.

All marijuana manufacturing facilities shall comply with all regulations that may be promulgated by the Cannabis Control Commission.

6.10.11 Requirements Specific to Marijuana Testing Facilities.

1.

All marijuana testing facilities shall use high-efficiency lights and equipment to limit energy and water usage demand.

2.

Marijuana testing facilities shall be subject to the requirements of M.G.L.A. c. 94G, § 15 and any regulations that the Cannabis Control Commission may promulgate thereunder to ensure there are no undue impacts on the health, safety, and well-being of the public.

6.10.12 Requirements Specific to Marijuana Retailer Establishments. Marijuana retailers shall be subject to M.G.L.A. c. 94G, § 12 and the following restrictions to ensure there are no undue impacts on the health, safety, and well-being of the public:

1.

As defined in M.G.L.A. c. 94G, and as established in Section 24-30 of the Code of Ordinances, the number of marijuana retailers shall be limited to no more than twenty (20) percent of the number of licenses issued within the city for the retail sale of alcoholic beverages not to be drunk on the premises where sold under M.G.L.A. c. 138, § 15.

2.

All marijuana retail establishments shall comply with all regulations that may be promulgated by the Cannabis Control Commission.

6.10.13 Unlawful Acts.

1.

It shall be unlawful for any person to operate any marijuana establishment in the city without a valid license issued by the state licensing authority under the M.G.L.A. c. 94G.

2.

When a marijuana establishment has received a renewal license from the state, the business shall submit a copy to the Department of Planning and Community Development and the Building Department within thirty (30) days of receipt.

3.

It shall be unlawful for any person to operate any retail marijuana, marijuana product manufacturing, or marijuana cultivation establishment without a special permit from the City of Salem Zoning Board of Appeals.

6.10.14 Severability. If any provision of this section is invalidated by subsequent legislation or regulation, or held to be invalid by a court of competent jurisdiction, then such provision shall be considered separately and apart from the remaining provisions, which shall remain in full force and effect.

(Ord. of 2-22-18(2); Ord. of 4-14-22)

6.11.1 Purpose. The purpose of this Section 6.11 is to allow for the reuse of buildings in municipal or religious use into new uses that may not otherwise be allowed on those properties so as to promote historic preservation, economic development, housing production and environmental sustainability and resilience.

6.11.2 General. A Building in municipal or religious use may be converted to one (1) or more of the uses set forth in Section 6.11.5 upon the issuance of a special permit by the Planning Board authorizing that new use or uses. The special permit shall apply only to the Building and not to any structural extensions or alterations other than those allowed under [Section] 6.11.4. If the petitioner meets the requirements of this Section 6.11, the Planning Board may approve, or approve with conditions, an application for such special permit.

6.11.3 Eligibility for Special Permit. One or more Buildings in municipal use or religious use shall be eligible for a special permit under Section 6.11 where:

1.

The Building(s) in municipal or religious use and for which a change of use is proposed is at least four thousand (4,000) square feet per building;

2.

One or more of the Building(s) in municipal or religious use and for which a change of use is proposed to a Building at least fifty (50) years old at the time of application under this Section 6.11 and

3.

The applicant seeks to change the use of the Building from municipal or religious use to one (1) or more of the uses identified in Section 6.11.5.

A Building shall be considered in municipal use if substantially all of that Building was actively used for municipal purposes for at least twenty (20) continuous years, including some point in the last twenty (20) years immediately preceding an Application under this section.

A Building shall be considered in religious use if substantially all of that Building was actively used for religious purposes and protected by M.G.L.A. c. 40A § 3 for at least twenty (20) continuous years, including some point in the last twenty (20) years immediately preceding an Application under this section provided, however, that a Building used as a religious school must have been in that use for at least twenty (20) continuous years, including some point in the last fifty (50) years immediately preceding an Application under this section.

Public parks and cemeteries, together with the Buildings thereon, shall not be considered in municipal use for the purpose of Section 6.11.

6.11.4 Dimensional Requirements. The following shall apply to any use for which a special permit is granted under Section 6.11:

There shall be no minimum lot area per dwelling unit requirement for the Building for which the Special Permit is issued.

Any rooftop construction needed for Building circulation, drainage, ventilation, utilities, accessibility features or non-commercial passive recreation shall be excluded from the calculation of Building height. Unless otherwise prohibited in this ordinance, existing fences and bordering walls may be replaced and/or extended to a height equal to the existing fence or bordering walls or six (6) feet whichever is greater.

The Planning Board may, in issuing a special permit hereunder, allow structural extensions and alterations to existing nonconforming Buildings where the Planning Board finds that: (1) those changes are necessary for purposes of public health and safety, access for disabled persons, utilities, mechanical equipment or code compliance concerns and (2) those extensions and alterations shall not be substantially more detrimental than the existing nonconformity.

6.11.5 Uses Allowed by Special Permit. The Planning Board, upon a finding that a proposed use is in harmony with the purpose and intent of this Section 6.11, may grant a special permit pursuant to this Section 6.11 and Section 9.4 for one or more of the following uses in a Building that meets the eligibility requirements of Section 6.11.3; provided, however that Commercial uses may only be located within a multifamily dwelling and may not exceed thirty (30) percent of the gross floor area of said multifamily dwelling. In addition, for any Building in the R1, R2, R3, and RC Districts, the Planning Board may grant such special permit that includes a Commercial use only upon finding that the public good will be served and that the Commercial use would not adversely affect the underlying residential district.

Special Permit Uses:

1.

Dwelling, Multi-family.

2.

Meeting and gathering space incidental to a principal use or for use by residents or tenants of a Lot.

3.

Artist lofts and living space, studios, workrooms and shops of artists, artisans and craftspeople, where products of the artistic endeavor or craft activity can be for sale on the premises or by specific off-premises commission from a sponsor or client.

4.

Banks and savings and loan institutions.

5.

Barber shops and beauty parlors.

6.

Books, stationery and gift stores.

7.

Business and professional offices.

8.

Crafts, related stores selling jewelry, crafts, etc. where non-hazardous production occurs on the premises.

9.

Dwelling units above first floor retail, personal service, or office use.

10.

Florist shops, but excluding greenhouses.

11.

Galleries.

12.

Laundromats/dry cleaning establishments, excluding onsite dry cleaning.

13.

Medical and dental offices.

14.

Specialty food stores, including grocer, candy store, meat market, delicatessen, or bakery, but not a restaurant or fast food establishment unless permitted by the underlying zone.

15.

Tailor and custom dressmaking shops.

16.

Not for profit museums.

The Planning Board may issue a special permit hereunder allowing the combination of any of the uses listed in Section 6.11.5 with one (1) or more uses permitted as of right or by special permit in the applicable zoning district or the R2 zone.

Nothing set forth in this Section 6.11 shall be construed as requiring a special permit where the owner of a property in municipal use or religious use seeks to convert that use to one (1) or more uses that are allowed as of right in the applicable zoning district.

(Ord. of 9-9-21, § 4)

6.11.6 Site Plan Review. Each project submitted hereunder shall require site plan approval under Section 9.5. Absent special circumstances, applications under Section 6.11.5 for a special permit and under [Section] 6.11.6 for site plan approval should be filed together for contemporaneous consideration by the Planning Board.

6.11.7 Historical Commission and Design Review Board Review. No later than at the time of an application under this Section 6.11, the applicant shall provide a copy of the application to the City of Salem Historical Commission and the Design Review Board. The Historical Commission and the Design Review Board shall each review the application at a public meeting and shall provide advisory comments to the Planning Board. Those boards may review the application at a joint meeting or separately. The Historical Commission and Design Review Board shall review the application for conformance to the Secretary of the Interior's Standards for the Treatment of Historic Properties. The Planning Board shall not take final action on an application under this Section 6.11 until it receives written confirmation from the Historical Commission and the Design Review Board that the application conforms to the Secretary of the Interior's Standards. The Planning Board may take action if at least sixty (60) days have passed since delivery of the application to the Historical Commission and the Design Review Board and the Planning Board has not received any findings from the Historical Commission or Design Review Board during the sixty (60) day period. Said sixty (60) day period may be extended by written agreement between the Applicant and Planning Board.

Nothing set forth in this section is intended to alter or amend the rights and obligations of the Historical Commission, and an applicant's adherence thereto, pursuant to the M.G.L.A. c. 40C.

Failure of an applicant hereunder to timely deliver a copy of the application to the Historical Commission or Design Review Board may be grounds for denial of the application.

6.11.8 Parking and Loading. For multifamily dwelling units, refer to Section § 5.1. For all other new residential dwelling uses, provisions shall be made for not less than one (1) parking space per dwelling unit for existing buildings. On-street parking shall not count toward this requirement.

Nonresidential uses shall provide parking in accordance with Section 5.1.8 Table of Required Parking Spaces.

In mixed-use developments, the Planning Board may consider a reduction in total parking requirements based on an analysis of peak demand for non-competing uses provided by the applicant. In such cases the parking requirement for the largest of the uses (in terms of parking spaces required) shall be sufficient as determined by the Planning Board. An applicant shall use the latest peak demand analyses published by the Institute of Traffic Engineers (ITE) or other source acceptable to the Planning Board.

The parking requirements may be accommodated by either one or a combination of on-site parking and/or parking at municipal or other parking facilities in the vicinity of the Lot. All municipal or other parking facilities which are used to satisfy the parking requirement must meet the following criterion: The parking facility must be fewer than one thousand (1,000) feet from the Lot as measured in a straight line from the two (2) closest points between the Lot and the parking facility. If using a municipal facility, the owner must purchase an annual parking pass to satisfy the parking requirement.

Such properties will not be eligible for resident parking permits to fulfill these requirements.

A new loading zone shall not be required if the existing Building does not have an existing loading zone.

(Ord. of 09-25-2025(1), § V)

6.11.9 Affordability. A minimum often ten (10) percent of the total units in any project proposed under this Section 6.11 shall be Subsidized Housing Inventory (SHI) Eligible Housing as defined by the Massachusetts Department of Housing and Community Development being affordable to a household of one or more persons whose maximum income does not exceed eighty (80) percent of the area median income, adjusted for household size, or as otherwise established by DHCD guidelines for a period of ninety-nine (99) years as secured by a duly recorded deed restriction. Until such time as the City amends this Ordinance to require a higher percentage of affordable units and lower maximum income limits, developers of former municipal and religious use properties are encouraged and shall be supported to the extent feasible to increase affordability above and beyond the minimum requirement set forth herein.

6.11.10 Severability. The provisions of this Section 6.11 are severable. The invalidity of any paragraph, subsection or provision of this Section 6.11 shall not invalidate any other paragraph, subsection or provision hereof.

(Ord. of 9-12-19(1), § 2)

6.12.1 Purpose. The purpose of this section is to accommodate solar energy facilities in appropriate locations, while minimizing any adverse visual, safety, and environmental impacts of the facilities.

6.12.2 Applicability. This section applies to all uses identified as requiring a site plan review per Section 9.5.2 or a special permit for ground mounted solar energy facilities per Section 3.1, Table of Uses.

6.12.3 Siting Preferences. Where a solar facility is sited, as well as placement on the site once selected, is an important consideration. The City strongly discourages locations that result in significant loss of land and natural resources, including farm and forest land, and encourages rooftop siting, as well as locations in industrial and commercial districts, or on vacant, disturbed land. Significant tree cutting is problematic because of the important water management, cooling, and climate benefits trees provide.

6.12.4 Dimensional Regulations.

1.

Height - For primary uses see Section 4, Table 4.1.1. For accessory uses see Section 4.1.2.7

2.

Setbacks - For primary uses see Section 4, Table 4.1.1. For small- and medium-scale ground mounted solar energy systems accessory to principal use may be located no closer than ten (10) feet from the front, side, or rear lot line. All ground-mounted solar energy systems in residential districts shall be installed either in the side yard or rear yard to the extent practicable.

3.

Lot Coverage - Ground mounted solar energy systems shall not count towards building coverage as defined in Section 10.0 definitions.

6.12.5 Special Permit.

1.

The Planning Board is hereby designated the Special Permit Granting Authority (SPGA) for solar energy systems. The SPGA shall adopt rules relative to the application for special permits for ground mounted solar plan approval and file a copy with the City Clerk. After notice and public hearing and after due consideration of the reports and recommendations of other city boards, commissions and or departments, the SPGA may grant such a permit. The SPGA shall also impose any applicable conditions determined by the SPGA to be reasonably appropriate to improve the site design and to serve the purposes of this section.

2.

The Planning Board shall include as part of its special permit review and proceedings all the provisions and requirements of the Site Plan Review standards applicable to large-scale ground-mounted solar energy systems. See Section 9.4 for additional Special Permit Requirements.

6.12.6 Large and Medium Scale Ground Mounted Solar Energy System Site Plan Review.

1.

Site Plan Documentation Required. In addition to the requirements of Section 9.5, the following items shall be included:

(a)

Scaled drawings or designs of the solar energy system showing the proposed layout of the system, any potential shading from nearby structures, the distance between the proposed solar collector and all property lines and existing on-site buildings and structures, and the tallest finished height of the solar collector;

(b)

Documentation of the major system components to be used, including the panels, mounting system, and inverter(s);

(c)

Additional requirements for large scale ground mounted solar energy systems

(i)

One or three line electrical diagram detailing the solar photovoltaic installation, associated components, and electrical interconnection methods, with all Massachusetts Electric Code (527 CMR 12.00) compliant disconnects and overcurrent devices;

(ii)

Documentation of actual or prospective access and control of the project site (see also Solar Design Guideline Document);

(iii)

An operation and maintenance plan (see Solar Design Guideline Document);

(iv)

Proof of liability insurance; and

(d)

Decommissioning plan, including details from 6.12.7.2 a-b.

6.12.7 Large and Medium Scale Ground Mounted Solar Energy System Maintenance, Removal, and Abandonment.

1.

Monitoring and Maintenance.

(a)

Solar Energy System Installation Conditions - The ground-mounted solar energy system owner or operator shall maintain the facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. Site access shall be maintained to a level acceptable to the Building Commissioner. The owner or operator shall be responsible for the cost of maintaining the solar energy system and any access road(s), unless accepted as a public way.

(b)

Modifications - All material modifications to a ground-mounted solar energy system made after issuance of the required building permit shall require approval by the Site Plan Review Authority.

2.

Abandonment or Decommissioning

(a)

Removal Requirements-Any ground-mounted solar energy system which has reached the end of its useful life or has been abandoned consistent with Subsection (b), below of this ordinance shall be removed. The owner or operator shall physically remove the installation no more than 150 days after the date of discontinued operations. The owner or operator shall notify the Site Plan Review Authority by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of:

(i)

Physical removal of all solar energy systems, structures, equipment, security barriers and transmission lines from the site

(ii)

Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.

(iii)

Stabilization and re-vegetation of the site as necessary to minimize erosion. The Site Plan Review Authority may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.

(b)

Abandonment-Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the large-scale ground-mounted solar energy system shall be considered abandoned when it fails to operate for more than one year without the written consent of the Site Plan Review Authority. If the owner or operator of the solar energy system fails to remove the installation in accordance with the requirements of this section within 150 days of abandonment or the proposed date of decommissioning, the City retains the right, after the receipt of an appropriate court order, to enter and remove an abandoned, hazardous, or decommissioned large-scale ground-mounted solar energy system. As a condition of Site Plan approval, the applicant and landowner shall agree to allow entry to remove an abandoned or decommissioned installation.

(c)

Once decommissioning is complete, the owner shall request an inspection from the City within ten (10) days of removal.

6.12.8 Site Plan Review-Roof-mounted and Small-scale Ground-Mounted Solar Energy Systems.

1.

Applicability-Where these solar energy systems may be accessory to a use allowed through Site Plan Review, the Site Plan Review shall include review of their adequacy, location, arrangement, size, design, and general site compatibility.

6.12.9 Pre-Existing Non-Conforming Uses and Structures. Improvements that do not change the use or the basic exterior characteristics of the building or structure are allowed. Such improvements include but are not limited to the installation or replacement of solar energy systems.

(Ord. of 5-26-22(2), § 3)