ZONING AMENDMENT SEC 3 0 TABLE OF USES-MEDICAL CLINIC - PLANNING Planning Board Report to Council
1c Regarding Zoning Amendment
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COUNCILLORS-AT-LARGE ROBERT K. MCCARTHY WARD COUNCILLORS
PRESIDENT
2010 2010
THOMAS H.FUREY CHERYL A.LAPOINTE ROBERT K.MCCARTHY
JOAN B.LOVELY CITY CLERK MICHAEL SOSNOWSKI
STEVEN A.PINTO '1--1
JEAN M.PELLETIER
,
ARTHUR C.SARGENT III REGI i...= -.. JERRY L.RYAN
JOHN H.RONAN
SEP 2 B 2010PAUL C.PREVEY
JOSEPH A.O'KEEFE, SR.
DEPT.OF PLA.Fj"l;:,:C
COMMUNITY C7._':-
September 27, 2010
Ms. Lynn Duncan, Planner
City of Salem
Salem, MA 01970
Dear Ms. Duncan:
At a regular meeting of the City Council, held on September 9, 2010 the enclosed
Zoning Ordinance was adopted for second and final passage.
This action was approved by Mayor Kimberley Driscoll on September 22, 2010.
Sincerely,
Com/ �
CH@RYL A. LAPOINTE
CITY CLERK
Enclosure
SALEM CITY HALL• 93 WASHINGTON STREET • SALEM, MA 01970-3592 •WWW.SALEM.COM
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In the year Aw thousand and
Att (Orbinaw .
In the year two thousand and ten
An Orsnance to amend ordinance relative to Zoning
Be it ordained by the City Council of the City of Salem, as follows:
Be it ordained by the City Council of the City of Salem, as follows:
astrf an 1.
Section f. Section 3.0 USE REGULATIONS of the City of Salem Zoning Ordinance is hereby
amended by adding the following new section:
3.1.4 Not Allowed. A use listed in the Table of Principal and Accessory Use Regulations which
is denoted by the letter"N" is not allowed without an amendment to these Zoning Ordinances
enacted by the Salem City Council.
Section ll. Section 3.0 TABLE OF PRINCIPAL AND ACCESSORY USE REGULATIONS
is hereby amended by adding the following new row immediately following the row entitled
Hospital:
B. Exem tion and Institutional Uses
RC RI R2 R3 Bl B2 B4 B5 I BPD
Medical Clinic IN I N IN BA BA BA 3A BA BA
Section III. Section 3.0 C. Commercial Uses the following is hereby amended by deleting the
words"including medical"after Business or Professional office.
RC RI R2 R3B1 B2 B4 B5 I BPD
Business or professional offices ifle�udtng N N N N I Y I Y Y Y Y V
ntedfeel
Section 3.0 C. Commercial Uses is hereby amended by adding the following row immediately
following Marina; waterfront boat yard or yacht club:
RC RI 'R2 R3 Bl B2 B4 BS I BPD
Medical and dental offices N N N N Y Y Y Y Y Y
Section IV Section 10.0 DEFINITIONS is hereby amended by deleting the following
definitions in their entirety:
"Clinic, medical or dental: A building or buildings having facilities for diagnosis and minor
treatment of humans, as differentiated from hospitals. The building may have doctors' offices, x-
ray rooms, laboratories, operating room for minor surgery, kitchen and diet kitchen facilities. The
building will primarily be used for "out patient" or ambulatory patients and not for convalescent
patients. However, not more than ten (10) beds may be provided for patients under diagnosis, for
occupancy not to exceed four(4)days."
"Medical center or clinic A building designed and used for the diagnosis and treatment of
human patients that does not include overnight care facilities."
And by further amending Section 10.0 Definitions by adding the following new definitions:
"Medical Clinic: any entity, however organized, whether conducted for profit or not for profit,
which is advertised, announced, established, or maintained for the purpose of providing
ambulatory, out-patient medical, surgical, physical, mental health or addictive relief services for
human beings. In addition, clinic shall include any entity, however organized, whether conducted
for profit or not for profit, which is advertised, announced, established, or maintained under a
name which includes the word clinic, "dispensary", or "institute", and which suggests that the
organization is formed for the dispensing of medication or providing ambulatory, out-patient
medical, surgical, physical, mental health or addictive relief services. Clinic shall not include
dental clinics operated by local school and health departments for the sole purpose of providing
education and dental hygiene services including routine examinations, cleaning and topical
fluoride applications. Clinic shall not include ad hoc health promotions, screenings or wellness
programs.
"Medical or dental office: An office building or part thereof not a "Medical Clinic",
"dispensary", or "institute" but rather one or more practitioners engaged in a solo or group
practice, whether conducted for profit or not for profit, and however organized, wholly owned
and controlled by one or more of the practitioners."
Section V. This Ordinance shall take effect as provided by City Charter.
In City Council May 27, 2010
Referred to the Planning Board to schedule a joint public hearing with the City Council
Public Hearing held on June 28, 2010
Advertised in the Salem News on June 14, 2010 and June 21, 2010
In City Council July 15, 2010
Adopted as amended by roll call vote 10 yeas, 1 nays 0 absent
A motion for immediate reconsideration in the hopes it would not prevail was denied.
In City Council September 9, 2010
Adopted as amended by roll call vote of I I yeas, 0 nays, 0 absent
A motion for immediate reconsideration in the hopes it would not prevail was denied.
Approved by the Mayor on September 22, 2010
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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CITY OF SALEM
PLANNING BOARD
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Report to City Council
July 2, 2010
At its meeting on June 28, 2010 the Planning Board voted to recommend as follows on the
proposed Zoning Ordinance amendment regarding medical clinics:
To see if the City Council will amend the Zoning Ordinance by deleting the definitions for
"clinic, medical or dental" and"medical center or clinic" and replacing them with new
definitions for"medical clinic" and "medical or dental office"; by inserting a section explaining
that an N within a table denotes Not Allowed; and by amending the Commercial Uses by
deleting "including medical" from"business or professional offices" and creating a two new
sections within the use table entitled"medical and dental offices" and "medical clinic'which
shall require a special permit in the Industrial and all Business zones.
The Planning Board voted five (5) in favor(Clarke, George, Kavanaugh, Moustakis, and Ready)
and none (0) opposed to recommend approval of the proposed amendment with the following
changes:
1. Section 3.0 C: Commercial uses
Medical and dental offices to be allowed by right (Y) in the business and industrial zones
as shown in the table below:
RC R1 R2 R3 B1 B2 B4 B5 I BPD
Medical and dental offices N N N N Y Y IY JY IY Y
2. Definition of"Medical Clinic'
The definition of medical clinic to be more narrowly defined; i.e. they operate in a non-
diagnostic capacity; they dispense drugs; hospital clinics to be excluded; and the word
"human" to be inserted to clarify that clinics do not include veterinary clinics. The City
Planner is directed to work with the City Solicitor to develop specific wording to be
submitted to City Council
In making this recommendation, the Planning Board noted that they support the objective of the
proposed ordinance amendment, but do not want it to be as encompassing as currently proposed.
The ordinance should address the specific issue at hand, but not unduly constrain, discourage or
overly burden the types of medical and dental offices that are desired uses in the City. The
Board noted that due to the presence of North Shore Medical Center there are many medical
offices in the City. It is important to ensure that the proposed ordinance does not have negative,
unintended consequences.
120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 .TEL: 978.745.9595 FAX: 978.740.0404 ♦ WWW.SALEM.COM