SALEM — The language regarding crematoriums as a permitted use in the C-2 General Commercial District as part of a funeral home business may be changing again.

The city Planning Commission hosted a spirited meeting via Zoom regarding the presented wording and what it may or may not mean, approving the amended list of permitted uses and conditional uses in C-2, contingent on changing the language for crematoriums.

Under the list of permitted uses, after it says mortuary or funeral home, the new proposed language will say: “Crematorium only as an accessory to a funeral home or mortuary as defined in 1135.01 (a) 1 and 2.”

That number refers to the definitions for accessory use or accessory building.

The ordinance will go back to city council, where Councilwoman Cyndi Baronzzi Dickey said the language can be amended to match what the Planning Commission recommended.

Dickey chairs the Rules & Ordinances Committee, which spent a good part of last year working on updating commercial zoning, including the permitted and conditional uses in C-2. The updated ordinance was approved by city council on Jan. 21, then Mayor John Berlin vetoed it, asking the committee to review the section related to crematoriums and where they can be located. He had concerns about the language allowing for a stand-along crematory in a commercial zone.

On Feb. 11, the committee approved language to add the phrase “as an accessory to a funeral home” after the word crematorium under C-2 permitted uses. No stand-alone crematoriums will be permitted.

Berlin questioned the need to spell it out, saying that the zoning code already allows for an accessory use, which is what a crematorium would be for a funeral home. He said it would be like if McDonald’s was only selling hamburgers then decided to add fries to the business.

One of the issues that came up during discussion was the fact that the code allows for accessory use or accessory building on the same lot. Apparently the law director had looked at the ordinance and a part was added about allowing a crematory as part of a funeral home lot or adjacent lot.

Berlin said that wasn’t part of the minutes of the committee meeting, with Dickey saying that was the intent, noting that one of the local funeral homes purchased adjoining property and if that’s part of their complex, they should be able to put the crematory there. She said they’re trying to be as business-friendly as they can.

Planning and Zoning Officer Chip Hank, though, explained that if the zoning was different for the adjacent lot, the zoning issue would need addressed first.

Planning Commission member Barb Loudon said the issue appears to be with how the adjacent property is zoned, noting it has to be zoned properly to use it. She suggested making that part of the language, to allow a crematorium only as an accessory to a funeral home or mortuary on the same lot or adjoining C-2 zoned property.

Hank said that’s contradictory to zoning law if an accessory building is allowed on an adjoining lot.

At that point, Planning Commission Chairman John Panezott suggested they weren’t going to come to an agreement, but Loudon said it comes down to interpretation, with commission member Kathy Gano suggesting they just spell it out while following the law in place.

The decision was made then to refer to the code as it exists while also saying crematoriums were a permitted use only as an accessory to a funeral home or mortuary as defined by the rules already in place for accessory use or building.

All the members were in attendance, including Bob Merry and Ken Kenst, either by video or phone.

mgreier@salemnews.net