POLICY DATABASE
Salem, Massachusetts, Zoning Code, § 3.2.7 (current through Aug. 18, 2017).
Brief Summary
Identifies urban agriculture as an accessory use, focusing on chicken keeping, and sets standards for keeping of chickens.
Legal Strategies
Requires something, sets standards.
Expressly allows something.
Reach
Community-wide
Food System Category: Grow, Get
State: Massachusetts
Jurisdiction Type: City
Jurisdiction Name: Salem
Does the law refer to priority populations in some way?
Yes. "to ensure housing for all income levels" (Sec. 1.1).
Does the law refer to or suggest a goal related to improving or protecting health?
Yes. "to preserve health" (sec. 1.1).
Does the law refer to or suggest a goal of fostering improved environmental conditions?
Yes. "to preserve and protect the water supply, open space and conservation of natural resources, to prevent the pollution of the environment" (sec. 1.1).
Does the law refer to or suggest a goal related to promoting or supporting the community's economy?
Yes. "to ensure housing for all income levels" 1.1.
Does the law include findings (including jurisdiction-specific findings), or are there findings in the larger section, title, article, or chapter which the law is part of?
No.
Does the law have a stated intent or purpose, or is there an intent or purpose in the larger section, title, article, or chapter which the law is part of?
Yes. "For the purpose of promoting the health, safety, convenience, morals or welfare of the inhabitants of Salem...to lessen congestion in the streets; to preserve health; ... to conserve the value of land and buildings; to encourage the most appropriate use of land throughout the City; and to preserve and increase its amenities, to preserve and protect the water supply, open space and conservation of natural resources, to prevent the pollution of the environment and community blight, to ensure housing for all income levels and compliance with the master plan of the City of Salem." Sec. 1.1.
Does the law include definitions, or are there definitions in the section, title, article, or chapter which the law is part of?
Yes. Sec. 10.0.
Does the law address implementation in some way?
Yes. Applications for a permit to keep hens is sent to the Inspector of Animals, on an annual basis. Sec. 3.2.7.2(h).
Are there enforcement provisions that identify specific penalties or consequences for non-compliance?
Yes. "Violation of any of the provisions of this Ordinance shall constitute a misdemeanor. Any person who violates this Ordinance shall, upon conviction thereof, be fined not more than three hundred dollars ($300.00) per violation and, in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. " Sec 9.2.3.
Does the law include an evaluation component, beyond reporting on activity?
No.
Does the law require an extra or atypical financial or resource investment?
No.
Code context and ordinance history
Zoning Code, § 3- Use regulations, 3.2 accessory uses, 3.2.7-urban agriculture. History: Ord. of 12-11-14(3).