ZONING AMENDMENT URBAN AGRICULTURE - PLANNING I Planning Board Report to Council �rQyLs
Regarding Zoning Amendment i
I Ur-ba.ul �-1�nc�Ftvre - - --
I
ter'
CITY OF SALEM
PLANNING BOARD
10 14 OCT - t P 2: I U
FILE 0
Report to City Council CITY CLERK, S I'LEM, MASS.
October 1, 2014
At its meeting on September 18, 2014 the Planning Board voted to recommend as follows on the
proposed Zoning Ordinance amendment regarding the amendment of the City of Salem Zoning
Ordinance to add a definition for"Urban Agriculture, 'Hens", `Run" `Troop" `T ivestock", and
`customary agricultural, horticultural and floricultural operations"under Section 10; to amend the Table of
Principal and Accessory Use Regulations under Section 3.0 to add a new"Urban Agriculture" use, to be
allowed by-right in RC,Rl,R2,R3, Bl,B2,B4,B5, I, and BPD zones;and to add a Section 3.2.7
"Urban Agriculturd'under Section 3.2 Accessory User.
The Planning Board recommends that Sections I and II of the proposed amendment remain
unchanged, but suggests the following modifications to Section III of the proposed amendment
(modifications are shown in italics and deletions):
Section 3:
Section 3.2 Accessory Uses is hereby amended by adding the following provision,immediately
following Section 3.2.6 Commercial Vehicles:
3.2.7 Urban Agriculture.
1. Sale of eggs and any other agricultural products is prohibited.
2. The keeping of hens shall be subject to the following rules:
a) Hens txay shall be kept per the Table of Principal and Accessory Use
Regulations on properties in residential use only.
b) Ownership, care and control of the hens shall be the responsibility of a resident
of the dwelling on the lot.
c) If the keeper of the hens is not the lot owner,written permission from the lot
owner permitting the keeping of hens on the lot shall be attached to the Board of
Health permit application.
d) No roosters rf,*y shall be kept under an Urban Agricultural use on lots in Salem
e) No coop or run shall be located nearer than ten (10) feet to time any principal
building, including the principal building on an abutting lot, and no coop or run shall be
located nearer than 43 eight(8) feet to any side or rear lot line. Side lots in this
instance refer to a projected line starting from the front lot line, terminating at
the rear lot line parallel 4-5 eight(8) feet from the side ar 15 feet from the re `lot
CITY OF SALEM
PLANNING BOARD
line. No coop or run shall be located within any required front yard or within
any side yard of a comer lot.
fl Coops and runs shall not exceed six-( eight(8)feet in height,and shall have a
combined area of no more than 120 square feet or one(1)per=q'the lot am,
ubidherer is greater. Construction of a chicken coop and run shall not preclude the
location of additional accessory structures, such as garages and tool sheds, and as
described under Section 3.2.4 Accessory Buildings and Structures, on the same
property.
g) 4he an site skughteiing of hens i—s .._,Mbit,.
h) Ne pers,..�p y hefts, in i 1...:1,7:_g used a a
1
xJ—ea.zyperseiacsutv keep liens sha1 ap1 to the Beard of Headh €era errnit.
g) Any be*kwpb g use orstna ww in ocutew prior to the adoption cf&u anvrb=t shall be
allov d to mr2inug as per the zoning code v#5nwe&staff tk cfatl er pr&eeistug
nonc%fmwg uses and stmmn5 Arty fiuure alterations to applicable pre-existing uses or
stnrctures shall seek the nat sary apprmh.
The complete revised version of the proposed amendment,as recommended for approval by
the Planning Board,is attached.
The Planning Board voted,five (5) in favor(Mr. Puleo,Ms. Yale,Mr. Rieder,Mr. Clarke,and Mr.
Griset) and one (1) (Mr. Anderson) opposed,to recommend the proposed zoning amendment with
the above listed revisions.
In making this recommendation,the Planning Board made note of the following:
Regarding the setback requirement:
Three (3) Board members (Ms. Sides,Mr. Clarke, and Ms. Yale) were of the opinion that the
setback requirements for hen coops and runs should be consistent with the setback
requirements for accessory buildings and structures laid out in the existing zoning code
(being five (5) feet,per Section 3.2.4).
• Six (6) Board members (Mr. Griset,Mr. Puleo,Mr. Veno,Mr. Koretz,Mr. Rieder, and Mr.
Anderson) were of the opinion that hen coops and runs would have a larger impact on
abutters than the typical accessory structures currently provided for in the zoning ordinance
(such as garages and tool sheds) and as such,should be subject to greater setback
requirements. Mr. Griset,Mr.Puleo,Mr. Veno,Mr. Koretz and Mr. Rieder were of the
opinion that eight (8) feet would be adequate,while Mr.Anderson held that at least ten (10)
feet should be required.
-� CITY OF SALEM
PLANNING BOARD
• The Board's recommended modifications to the proposed zoning amendment,as approved
bya five-to-one vote of the Board,to require an eight (8) foot setback, reflects this majority
opinion.
Regarding the relationship of the draft Board of Health regulations and the draft Zoning
Amendment:
• The Board recommends striking items 3.2.7 g,h,and i from the proposed zoning
amendment (g.the on-site slaughtering of hens is prohibited;h. no person shall keep any
hens in any building used as a dwelling; i. any person desiring to keep hens shall applyto the
Boatel of Health for a permit) as these fall within the purview of the Board of Health,and
should not be addressed in the Zoning Code.
• The Planning Board requests that the City Solicitor provide clarification on the appropriate
delineation between the purview of the Board of Health regulations and the Zoning Code,
with the intention of clarifying which issues should be exclusively addressed in the Zoning
Code and which issues should be exclusively addressed in the Board of Health regulations.
Regarding the comment at the Joint Public Hearing that the "Urban Agriculture" use not be allowed
"by-right" in the Business Park Development (BPD) District:
• The proposed zoning amendment is structured such that"urban agriculture",including the
keeping of hens,shall only be allowed"on properties in residential use".
• If the City Council should decide that the "urban agriculture" use should only be allowed in
the BPD District by Special Permit,then the Planning Board recommends that City Council
specify that the Zoning Board of Appeals shall be the permit-granting authority.
If you have any questions regarding this matter,please feel free to contact Lynn Duncan at the
Department of Planning&Community Development at (978) 619-5685.
Yours truly,
Charles M. Puleo
Chair
At&dm"
CC: Cheryl LaPointe,City Clerk
Cftp of baiem
In the year 7wo 7housandand Fourteen
Rn Orbinanm to amend the Ordinance relative to Zoning
Be it ordained 6y the City Council of the City of Sarem, as foirows:
6ectinn 1.
Section 10.0 of the City of Salem Zoning Ordinance is hereby amended by adding the following
definitions:
Urban Agriculture: An umbrella term that describes a range of food growing practices for
personal consumption and uses that may include the keeping of hens,but does not include other
livestock, and does not include the selling of agricultural products.
Hens: Female chickens.
Run: an outdoor enclosure generally made of wire mesh.
Coop: An enclosed shelter in which a chicken lives.
Livestock: any domestic animals raised for home use, consumption,or profit, such as horses,pigs,
llamas, goats, fowl, sheep,buffalo, and cattle.
Customary agricultural, horticultural and floricultural operations: the growing or harvesting of
agricultural,horticultural and floricultural crops,the raising of all classes of livestock, the
production of eggs, milk, honey and other animal products, or the carrying out of any other
prescribed agricultural activity or process, for the primary purpose of making a profit or
providing a livelihood. Does not include residential gardening for personal consumption or use,
nor the keeping of hens in accordance with the regulations for Urban Agriculture,as described
herein.
$ectiun 11:
Section 3.0 TABLE OF PRINCIPAL AND ACCESSORY USE REGULATIONS is hereby
amended by adding the following new row immediately following Adult day care under E. Accessory
Uses:
RC R1 R2 R3 131 B2 134 135 1 BPD
Urban Agriculture Y Y Y Y Y Y Y Y Y Y
beainn 111:
Section 3.2 Accessory Uses is hereby amended by adding the following provision, immediately
following Section 3.2.6 Commercial Vehicles:
3.2.7 Urban Agriculture.
1. Sale of eggs and any other agricultural products is prohibited.
2. The keeping of hens shall be subject to the following rules:
a) Hens shall be kept per the Table of Principal and Accessory Use Regulations on
properties in residential use only.
b) Ownership, care and control of the hens shall be the responsibility of a resident of the
dwelling on the lot.
c) If the keeper of the hens is not the lot owner,written permission from the lot owner
permitting the keeping of hens on the lot shall be attached to the Board of Health
permit application.
d) No roosters shall be kept under an Urban Agricultural use on lots in Salem
e) No coop or run shall be located nearer than ten(10)feet to any principal building,
including the principal building on an abutting lot, and no coop or run shall be
located nearer than eight(8)feet to any side or rear lot line. Side lots in this instance
refer to a projected line starting from the front lot line,terminating at the rear lot line
parallel eight(8)feet from the side lot line. No coop or run shall be located within
any required front yard or within any side yard of a corner lot.
f) Coops and runs shall not exceed eight(8)feet in height, and shall have a combined
area of no more than 120 square feet or one(1)percent of the lot area,whichever is
greater. Construction of a chicken coop and run shall not preclude the location of
additional accessory structures, such as garages and tool sheds, and as described
under Section 3.2.4 Accessory Buildings and Structures, on the same property.
g) Any hen-keeping use or structure in existence prior to the adoption of this
amendment shall be allowed to continue,as per the zoning code enforcement
standards of other pre-existing nonconforming uses and structures. Any future
alterations to applicable pre-existing uses or structures shall seek the necessary
approvals.
$¢conn IV. This Ordinance shall take effect as provided by City Charter.
Tit# of Ontrut
In the year two thousand and fourteen
An Ordinance to amend an Ordinance relative to Zoning
Be it ordained the Salem City Council as follows:
Section 1.
Section 10.0 of the City of Salem Zoning Ordinance is hereby amended by adding the
following definitions:
Urban Agriculture: An umbrella term that describes a range of food growing practices for
personal consumption and uses that may include the keeping of hens, but does not include
other livestock, and does not include the selling of agricultural products.
Hens: Female chickens.
Run: an outdoor enclosure generally made of wire mesh.
Coop:An enclosed shelter in which a chicken lives.
Livestock: any domestic animals raised for home use, consumption, or profit, such as
horses, pigs, llamas, goats, fowl, sheep, buffalo, and cattle.
Customary agricultural, horticultural and floricultural operations: the growing or harvesting
of agricultural, horticultural and floricultural crops, the raising of all classes of livestock, the
production of eggs, milk, honey and other animal products, or the carrying out of any other
prescribed agricultural activity or process, for the primary purpose of making a profit or
providing a livelihood. Does not include residential gardening for personal consumption or
use, nor the keeping of hens in accordance with the regulations for Urban Agriculture, as
described herein.
Section 2:
Section 3.0 TABLE OF PRINCIPAL AND ACCESSORY USE REGULATIONS is hereby
amended by adding the following new row immediately following Adult day care under E.
Accessory Uses:
RC I R1 I R2 I R3 I B1 I B2 I B4 I B5 I I BPD
Urban Agriculture ly ly Y ly ly ly ly ly I N ' N
2
Section 3:
Section 3.2 Accessory Uses is hereby amended by adding the following provision,
immediately following Section 3.2.6 Commercial Vehicles:
3.2.7 Urban Agriculture.
1. Sale of eggs and any other agricultural products is prohibited.
2. The keeping of hens shall be subject to the following rules:
a) Hens shall be kept per the Table of Principal and Accessory Use Regulations on
properties in residential use only.
b) Ownership, care and control of the hens shall be the responsibility of a resident of
the dwelling on the lot.
c) If the keeper of the hens is not the lot owner, written permission from the lot
owner permitting the keeping of hens on the lot shall be attached to the permit
application.
d) No roosters shall be kept under an Urban Agricultural use on lots in Salem
e) No coop or run shall be located nearer than ten (10)feet to any principal building,
including the principal building on an abutting lot,,and no coop or run shall be
located nearer than ten (10)feet to any side or rear lot line. Side lots in this
instance refer to a projected line starting from the front lot line, terminating at the
rear lot line parallel ten (10) feet from the side lot line. No coop or run shall be
located within any required front yard or within any side yard of a comer lot.
f) Coops and runs shall not exceed eight (8) feet in height, and shall have a
combined area of no more than 120 square feet or one (1) percent of the lot area,
whichever is greater. Construction of a chicken coop and run shall not preclude
the location of additional accessory structures, such as garages and tool sheds,
and as described under Section 3.2.4 Accessory Buildings and Structures, on the
same property.
g) Any hen-keeping use or structure in existence prior to the adoption of this
amendment shall be allowed to continue, as per the zoning code enforcement
standards of other pre-existing nonconforming uses and structures. Any future
alterations to applicable pre-existing uses or structures shall seek necessary
approvals.
Y
3
h) Any person desiring to keep hens shall apply to the inspector of Animal .for a
permit on an annual basis.
i) The effective date shall be February 2, 2015.
Section 4. This Ordinance shall take effect as provided by City Charter.
In City Council June 26, 2014
Referred to the Planning Board to schedule a joint public hearing with the City Council
Advertised in the Salem News on August 28, 2014 and September 4, 2014
Joint Public Hearing held on July 29, 2014 and continued to September 11, 2014
In City Council September 11, 2014 continuation of public hearing
Referred to the Planning Board for their recommendation
In City Council October 9, 2014
Planning Board recommendation with amendments was referred to the Committee of the
Whole
In City Council November 20, 2014
Adopted for first passage as amended by roll call vote of 10 yeas, 0 nays, 1 absent
In City Council December 11. 2014
Adopted for second and final passage by roll Pall vote of 11 yeas. 0 nays. 0 absent
Approved by the Mayor on December 15, 2014
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
AFFIDAVIT OF SERVICE
City of Salem provision M.G.L., Chapter 39, Section 231).
(For a City Councilor, board, or commission member, to sign upon listening to the audio
of a missed meeting and examining all evidence.)
Per the City of Salem provision�I.G,L., Chapter 39 Section 23D,
1, �A/�� (IQ1k - <L(the er by certify under the pains and penalties of perjury that I
have examined all evidence pertaining to Wb "rGz'l t Z&vll which was
distributed at the single missed session on `CII which \
evidence included an audio recording of the missed session. This certification was
submitted prior to the undersigned's participation in a vote on the matter and shall
become part of the record of the hearing.
2�
Name w ""'-- Date
i&
Board or Commission
AFFIDAVIT OF SERVICE
City of Salem provision M.G.L., Chapter 39, Section 231).
(For a City Councilor, board, or commission member, to sign upon listening to the audio
Of it missed meeting and examining all evidence.)
Per the City of Sale provision M.G.L., Chapter 39 Section 23D,
-e, �, hereby certify under the pains and penalties of perjury that I
have examined ale -dence pertaining to 0(60-11n Y(40 -aOA which was
distributed at the single missed session on which
evidence included an audio recording of the missed session. This certification was
submitted prior to the undersigned's participation in a vote on the matter and shall
become part of the record of the hearing.
Name Date (� t
Board or Commission �c C1
AFFIDAVIT OF SERVICE
City of Salem provision M.G.L., Chapter 39, Section 231).
(For a City Councilor, board, or commission member, to sign: upon listening to the audio
Of a missed meeting and examining all evidence.)
Per the City of Salem provision M.G.L., Chapter 39 Section 23D,
1, hereby certify under the pains and penalties of pequry that I
have examined all evidence pertaining to 062JA jafLw ft"-C- 2 M which was
distributed at the single missed session on q/1 which
i
evidence included an audio recording of the missed session. This certification was
submitted prior to the undersigned's participation in a vote on the matter and shall
become part of the record of the hearing.
Name Date
Board or Commission