ZONING AMENDMENT DRIVE-THROUGH FACILITIES - PLANNING Planning Board Report to Council_
Regarding Zoning Amendment
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Nov 13 2006
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COUNCILLORS-AT-LARGE JEAN M. PELLETIER WARD COUNCILLORS
PRESIDENT
2006 2006
MARK E. BLAIR CHERYL A. LAPOINTE LUCY CORCHADO
THOMAS H. FUREY CITY CLERK MICHAEL SOSNOWSKI
JOAN B. LOVELY JEAN M. PELLETIER
ARTHUR C. SARGENT III November 13, 20 MATTHEW
F.O'LEARY
b MATTHEW A.VENO
PAULC. PREVEY
JOSEPH A.O'KEEFE, SR.
Ms. Lynn Duncan, Planner
City of Salem
Salem, MA 01970
Dear Ms. Duncan:
At a regular meeting of the City Council, held on April 13, 2006 the enclosed
Zoning Ordinance was adopted for second and final passage.
Sincerely,
CHERYL A. LAPOINTE
CITY CLERK
Enclosure
SALEM CITY HALL • 93 WASHINGTON STREET SALEM, MA 01970-3592 • WWW.SALEM000NCIL.COM
City of Safem
In the year two thousand six
An Ordinance to amend the zoning ordinance to include drive-through regulations
Be it ordained by the City Council of the City of Salem, as follows:
Section L Section VII of the City of Salem Zoning Ordinance is hereby amended by
adding the following new section:
"Section 7-22 Drive-through facilities
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.
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.
The SPGA shall follow the procedural requirements for special permits as set forth in
Section 9 of M.G.L. Chapter 40A. 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 or otherwise serve the purpose 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.
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3. Applicability:
This section applies to all uses identified as requiring a Special Permit for Drive-Through
Facilities in Article V, Section 5-3 (f), and Section 7-21 NRCC.
RC R1 R2 R3 BI B2 B4 B5 I NRCC
Drive-Through Facilities -Fast Food N N N N N SP SP SP SP N
Drive-Through Facilities - Other N N N N N SP SP SP SP
SP*
N Not allowed
SP Special Permit
SP* Special Permit—Minimum 1.5 acres required
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 Article VII, Section 7-18 of this Ordinance.
5. Traffic Impact Study:
5.1 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.
5.2 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 pre-
development conditions. The SPGA must determine that the mitigation is satisfactory.
6. Standards:
6.1 There must be a minimum of 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
Ordinance.
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6.2 The width of any curb cut shall not exceed 25 feet, unless the traffic impact study
identifies the need for a larger curb cut and the requirement is increased by the SPGA.
6.3 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.
6.4 A system of joint use driveways and cross access easements shall be established
wherever feasible and the proposed development shall incorporate the following:
6.4.1 A service drive or cross access corridor extending the width of the parcel.
6.4.2 Sufficient width to accommodate two-way travel lanes.
6.4.3 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.
6.5 Developments that provide service drives between properties may be permitted a 10%
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 20%.
6.6 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 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.
6.7 Drive-Through Facilities—Other: Number of stacking spaces to be at the discretion of
the SPGA.
6.8 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.
6.9 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.
6.10 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.
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6.11 Stacking lanes shall be designed to prevent circulation congestion, both on site and
on adjacent public streets. The circulation shall: (a) separate drive —through traffic from
site circulation, (b) not impede or impair access into or out of parking spaces, (c) not
impede or impair vehicle or pedestrian traffic movement, and (d) 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.
6.12 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.
6.13 Menu boards shall be a maximum of thirty square feet, with a maximum height of
six (6) feet in height and shall be shielded from any public street and residential
properties.
6.14 A leveling area shall be provided having a minus one percent (-1%) grade for a
distance of thirty (30) feet measured from the nearest exterior line of the intersecting
street, to the point of vertical curvature.
6.15 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.
6.16 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 10 dB(A) above the ambient levels measured at the
property line by the Board of Health or its designee.
6.17 Any Drive-Through - Fast Food business asking to operate between the hours of 1 I
p.m. and 6 a.m. must come before the City Council for approval pursuant to City
Ordinance Chapter 14, Section 14-228.
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7. Compliance:
7.1 No building permit shall be issued by the Building Inspector 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.
7.2 An as-built plan, certified by a registered professional land surveyor or engineer shall
be submitted to the Planning Board and Building Inspector before the issuance of a
permanent occupancy permit.
7.3 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.
7.4 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 Ordinance.
7.5 The Special Permit Granting Authority (SPGA) may, in appropriate cases as it
determines, impose further restrictions upon the development or parts thereof as a
condition to granting the approval.
7.6 Violation of any such conditions and safeguards as are made a part of the terms
under which the special permit is granted shall be deemed violation of the Zoning
Ordinance and shall be subject to action according to Section 9-2 of the Zoning
Ordinance.
8. Appeals:
Any person aggrieved by a decision of the SPGA may appeal to the Superior Court, the
Land Court or the District Court pursuant to Chapter 40A of the Massachusetts General
Laws.
9. Invalidity:
The invalidity of any section, sentence or provision of this by-law shall not affect the
validity of any other section, sentence or provision of this zoning by-law."
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Section II. Amend Section 5-3 (f) of the Zoning Ordinance by adding the following
provisions:
"(5) Drive-through Facilities—Fast Food; subject to the provisions of Section 7-22
(6) Drive-through Facilities—Other; subject to the provisions of Section 7-22"
Section III. Amend Section 7-21 North River Canal Corridor Neighborhood Mixed Use
District by adding the following to Section 7-21(e) (5) special permit uses:
"Drive-through Facilities- Other in accordance with the requirements of Section 7-22
Drive-through Facilities"
Further amend Section 7-21 by adding within 7-21(f) Prohibited Uses the words "Fast
Food" after the words "(5) Drive-through Facilities" so that it reads "(5) Drive-through
Facilities—Fast Food".
Section IV. Amend Article Il Definitions by adding the following new definitions in
alphabetical order:
"Cross Access: A service drive providing vehicular access between two or more
contiguous sites so the driver need not enter the public street system.
Drive- Through Facility: A commercial facility which provides a service directly to a
motor vehicle or where the customer drives a motor vehicle onto the premise and to a
window or mechanical device through or by which the customer is serviced without
exiting the vehicle. This shall not include for example, the selling of fuel at a motor fuel
facility, quick-change oil automotive service stations or the accessory functions of a
carwash facility such as vacuum cleaning stations.
Drive-Through Facility—Fast Food: A drive-through facility that serves food or drink.
Drive-Through Facility — Other: A drive-through facility that does not include food or
drink; includes banks, pharmacies, and similar uses.
Level of Service — A measure from A (best) to F (worst) describing conditions within a
traffic stream, as the term is used by transportation engineers.
Joint Access (or Shared Access): A driveway connecting two or more contiguous sites to
the public/private street systems.
Stacking Lane: An area of stacking spaces and driving lane provided for vehicles waiting
for drive-through service.
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Stacking Space: An area within a stacking lane for vehicles waiting to order and/or finish
a drive—through transaction."
Section V. This Ordinance shall take effect as provided by City charter.
In City Council June 22, 2006
Ref. to the Planning Board to schedule a join public hearing with the City Council
Joint Public Hearing held on July 19, 2006 and advertised in the Salem News on
June 29, 2006 and July 6, 2006
In City Council October 12, 2006
Adopted as amended by roll call vote of 8 yeas, 3 nays, 0 absent
A motion for immediate reconsideration in the hopes it would not prevail was denied.
In City Council October 26, 2006
Adopted as amended for second and final passage by roll call vote of 10 yeas, 1 nays, 0
absent
A motion for immediate reconsideration in the hopes it would not prevail was denied.
ApjoFoNadl0XAha ej0a)W Returned unsigned by the Mayor on November 9, 2006
ATTEST: CHE L A. LAPOINTE
CITY CLERK
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