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City solicitor cautions: avoid long lists, use a clear definition for home occupations

Salem City Council Committee of the Whole · August 13, 2026

Summary

City Solicitor James Wallach told councilors that long, prescriptive lists of permitted home-occupation uses can complicate enforcement and suggested a concise definition and limited prohibited-uses list as a more enforceable approach.

City Solicitor James Wallach told the committee that adding sprawling lists of specific permitted uses risks creating ambiguities and enforcement burdens for staff. "Adding lots of definitions and different details can actually make implementing it quite difficult," he said, urging the council to consider a short, characteristic-based definition instead of enumerating professions.

Wallach suggested asking what specific zoning problem the draft is trying to solve and recommended limiting changes to language that make the ordinance more enforceable. He also flagged structural prohibitions (e.g., bans on altering structures) as likely to create unintended consequences and recommended cross-checking draft sections against existing accessory-use provisions.

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