The uses authorized by this article are to be
permitted only upon the prior issuance of a special permit, as provided
in this article. A special permit shall only be issued for a use which
is in harmony with the general purpose and intent of this chapter.
A special permit issued under this article may impose conditions,
safeguards and limitations on time or use in order to further the
objectives of this chapter.
[Amended 5-9-2011 by Ord. No. 2010-048; 12-19-2011 by Ord. No.
2011-009]
A.
Rules. The special permit granting authority shall adopt, and it
may from time to time amend, rules relative to the granting of special
permits. An up-to-date copy of such rules shall be kept on file in
the office of the Town Clerk. Such rules may prescribe the size, form,
contents, style and number of copies of plans and specification and
the procedure for the submission, processing and approval of all applications
for such permits.
B.
Filing of application. An applicant for a special permit shall begin
the application by submitting the materials required by the rules
of the special permit granting authority with the special permit granting
authority and by filing with the Town Clerk. All applications made
to a SPGA shall identify the owner of the property and the applicant
and their interests in the property. A purchase and sale agreement,
lease agreement, or letter of intent may be submitted to satisfy this
requirement. No application shall be considered complete until this
requirement is met.
C.
Public hearing. Not more than sixty-five (65) days following the
date an application has been filed with it, the special permit granting
authority shall hold a public hearing concerning each such application.
D.
Notice of public hearing. Notice of public hearing under this article
shall be publication or posting as provided in MGL c. 40A, § 11,
and by mailing to all parties in interest, as therein defined.
E.
Action on application. The special permit granting authority shall
act with respect to each such application within ninety (90) days
following the date of the public hearing on such application. Failure
of the special permit granting authority to take final action within
such period shall be deemed to be approval of such application.
F.
Special permits shall require an affirmative vote of at least four
(4) members of a five-member board, two-thirds majority of a nine-member
board and a unanimous vote of a three-member board.
G.
Withdrawal of an application. An application for a special permit
which has been transmitted to the special permit granting authority
may be withdrawn, without prejudice, by the applicant prior to the
publication of the notice of a public hearing thereon; thereafter,
it may be withdrawn without prejudice only with the approval of the
special permit granting authority.
H.
Copy of decision. Upon the granting of a special permit, the special
permit granting authority shall issue a certified copy of its decision
to the owner and to the applicant if other than the owner. The decision
shall contain the name and address of the owner, identify the land
affected, set forth compliance with the statutory requirements for
the issuance of the permit and certify that copies of the decision
and all plans referred to in the decision have been filed with the
Planning Board and with the Town Clerk.
I.
Time of taking effect. No special permit shall become effective until
a copy of the decision of the special permit granting authority, bearing
the certification of the Town Clerk that twenty (20) days have elapsed
and no appeal has been filed or that such appeal has been filed and
that it has been dismissed or denied, is recorded in the Norfolk County
Registry of Deeds and indexed in the grantor index under the name
of the owner of record or is recorded and noted on the owner's certificate
of title. The fee for recording or registering shall be paid by the
owner or the applicant.
J.
Lapse of permit. A special permit issued under this article shall
lapse at the expiration of two (2) years following the date of the
decision of the special permit granting authority, unless substantial
use of the permit has been commenced, except for good cause, or, in
the case of a permit for construction, if construction has not begun
prior to such date, except for good cause.
K.
Conditions. The special permit granting authority may impose conditions,
safeguards and limitations on time or use.
L.
Repeat of application. No application which has been unfavorably
and finally acted upon by the special permit granting authority shall
be favorably acted upon within two (2) years following the date of
final unfavorable action, unless such special permit granting authority
finds (by the same vote as required above) specific and material changes
in the conditions upon which the previous unfavorable action was based
and describes such changes in the record of its proceedings, and unless
all but one (1) of the Planning Board members consents thereto, and
after notice is given to parties in interest of the time and place
of the proceedings when the question of such consent will be considered.
[Amended 4-16-1996 ATM by Art. 15, approved
7-29-1996; 4-21-1998 ATM by Art.
6, approved 8-27-1998; 4-20-1999 ATM by Art. 4, approved 8-23-1999; 4-24-2000 ATM by Art. 5, approved 8-17-2000; 4-24-2001 ATM by Arts. 15, 22, and 24, approved 12-21-2001; 5-22-2006 ATM by Arts. 43 and 50, approved 10-17-2006; 12-19-2011 by Ord. No. 2011-009]
A.
Granting authority.[1]
(1)
The Town Council shall be the special permit granting authority for
those activities as listed on the Table of Allowable Activity where
said table is listed as an "SPTC."
(2)
The Planning Board shall be the special permit granting authority
for those activities as listed on the Table of Allowable Activity
where said table is listed as an "SPPB."
(3)
The Town Council shall be the permit granting authority for those
activities as listed on the Table of Allowable Activity where said
table is listed as "PTC."
(4)
The Town of Randolph shall be governed by the Table of Allowable
Activity. The following symbols shall have the following meanings
as such symbols appear in the Table of Allowable Activity:
|
Y
|
=
|
Permitted by right
| |
|
N
|
=
|
Not permitted
| |
|
SPPB
|
=
|
Permitted by grant of special permit by Planning Board
| |
|
SPTC
|
=
|
Permitted by grant of special permit by Town Council
| |
|
PTC
|
=
|
Permitted by grant of Town Council
|
[1]
Editor's Note: The Table of Allowable Activity is included as an attachment to this chapter.
C.
The Planning Board shall be the special permit granting authority
for the following:
(1)
Construction of or conversion to a two-family dwelling.
(2)
Shared elderly housing.
(3)
In-law apartments.
(4)
Scientific research, development production when identified as a
SPPB on the Table of Allowable Activity.[2]
[2]
Editor's Note: The Table of Allowable Activity is included as an attachment to this chapter.
[Amended 4-16-1996 ATM by Art. 15, approved
7-29-1996; 5-4-1998 ATM by Art. 6, approved 8-27-1998; 4-20-1999 ATM by Art.
4, approved 8-23-1999; 4-24-2001 ATM by Arts. 22 and 24, approved 12-21-2001; 4-25-2005 ATM by Art. 8, approved
10-18-2005; 5-22-2006 ATM by Art. 43, approved 10-17-2006; 10-25-2010 by Ord. No. 2010-035; 12-19-2011 by Ord. No. 2011-009]
A.
General requirements for use.
(1)
A special permit shall be granted by the Planning Board or the Town
Council, only upon the written determination of either body, as applicable,
that the adverse effects of the proposed use will not outweigh its
beneficial impacts to the Town and to the neighborhood, in view of
the particular characteristics of the site, and of the proposal in
relation to the site.
(2)
In addition to any specific factors that may be listed in this chapter,
the general criteria to be considered in reviewing an application
for a special permit include:
(a)
The proposed use is in harmony with the general purpose and
intent of this chapter.
(b)
The proposed use is consistent with the Town Master Plan.
(c)
Traffic flow and safety concerns, including parking and loading.
(d)
Adequacy of utilities and other public services.
(e)
Impacts on neighborhood character.
(f)
Impacts on the natural environment.
(g)
Fiscal impacts, including impacts on Town services, the tax
base and employment.
(3)
The Planning Board or Town Council shall also make such other findings
as may be required by this chapter and may impose conditions, safeguards
and limitations deemed appropriate to protect the surrounding neighborhood,
including, but not limited to, imposition of requirements greater
than the minimum set forth by this chapter.
B.
Specific requirements for use.
(1)
Removal of sand, gravel, loam or other earth materials. No person shall remove any soil, loam, sand or gravel from any land in the Town not in public use unless such removal is authorized by a permit issued by the Town Council except in conjunction with construction of a building on the parcel and except for the continued operation on the same parcel of an existing sand and gravel pit. No such permit shall be issued until an application therefor is filed with said Board and said Board shall hold a public hearing on the application, and the date and the time of the public hearing thereon shall be advertised in a paper published in the Town at least fourteen (14) days before the public hearing, all as prescribed in § 200-44.
(2)
Scientific research, development and production. The Planning Board,
as the special permit granting authority, may issue a special permit
for uses, whether or not on the same parcel as activities permitted
as a matter of right, accessory to activities permitted as a matter
of right, which activities are necessary in connection with scientific
research or scientific development or related production, provided
that there is a finding that the proposed accessory use does not substantially
derogate from public good.
(3)
Extension or alteration of existing nonconforming structures or uses.
The Board of Appeals, as the special permit granting authority, may
issue a special permit for the extension or alteration of an existing
building or structure or use upon a specific finding by said Board
that such change, extension or alteration shall not be substantially
more detrimental to the neighborhood than the existing nonconforming
use. A nonconforming structure or use damaged or destroyed by accidental
causes may be repaired, reconstructed or restored either within the
same portion of the lot or within a different portion of the lot,
provided that doing so renders the structure less nonconforming than
previously, and used as before, provided that such repair, reconstruction
or restoration shall be completed within two (2) years of said accidental
damage or destruction.
(4)
Shared elderly housing. The Planning Board, as the special permit granting authority, may issue a special permit for shared elderly housing, notwithstanding the provisions of § 200-10 of this chapter, provided that the following conditions are met:
(a)
The maximum number of occupants per dwelling unit will not exceed
six (6).
(b)
Occupants of such shared elderly housing must be age sixty (60)
or older.
(c)
Any lot or dwelling to be used for shared elderly housing must be zoned residential and shall conform to the dimensional requirements of Article VI of this chapter.
(d)
One (1) parking space will be provided for each two (2) occupants and constructed in accordance with Article IV of this chapter.
(e)
Other reasonable conditions as the Planning Board may deem appropriate
in each individual case.
(5)
Adult bookstores, adult motion-picture theaters, adult clubs, adult
paraphernalia stores and adult video stores. The Town Council, as
the special permit granting authority, may issue a special permit
for the establishment of an adult bookstore, an adult motion-picture
theater, an adult club, an adult paraphernalia store or an adult video
store, consistent with the standards applicable to applications for
special permits generally, provided that all of the following conditions
are met:
(a)
The adult bookstore, adult motion-picture theater, adult club,
adult paraphernalia store or adult video store may only be located
in an Industrial District or zone.
(b)
The adult bookstore, adult motion-picture theater, adult club,
adult paraphernalia store or adult video store must be located at
least five hundred (500) feet from any residential or multifamily
district or zone, measured from the property lines of the lot on which
the bookstore, theater, club or store is to be established.
(c)
The adult bookstore, adult motion-picture theater, adult club,
adult paraphernalia store or adult video store must be located at
least five hundred (500) feet from any establishment licensed under
the provisions of MGL. c. 138, § 12. In the case of an adult
club, which itself must be licensed under the provisions of MGL c.
138, § 12, such club must be located at least five hundred
(500) feet from any other establishment licensed under the provisions
of MGL c. 138, § 12.
(d)
The adult bookstore, adult motion-picture theater, adult club,
adult paraphernalia store or adult video store must be located at
least five hundred (500) feet from any school, whether public or private,
at least five hundred (500) feet from any house of worship, at least
five hundred (500) feet from any day-care facility, and at least five
hundred (500) feet from any public park or playground.
(e)
Any signs or advertising devices for such adult bookstores,
adult motion-picture theaters, adult clubs, adult paraphernalia stores
or adult video stores shall not be illuminated and shall not exceed
six (6) square feet each. No more than two (2) such signs or advertising
devices shall be permitted.
(f)
Any special permit granted under this Subsection B(5) shall lapse within six (6) months, including such time required to pursue or await the determination of an appeal taken under MGL c. 40A, § 17, from the grant thereof, if a substantial use thereof has not sooner commenced, except for good cause, or, in the case of a permit for construction, if construction has not begun by such date, except for good cause.
(6)
Construction of or conversion to a two-family dwelling.
(a)
The Planning Board, as the special permit granting authority,
may issue a special permit for the construction of or conversion to
a two-family dwelling, provided that all of the following conditions
are met:
[1]
The lot on which the dwelling is to be constructed or converted meets all of the area regulations specified in § 200-27 of this chapter.
[2]
Six (6) copies of the building and site plans are to be submitted
for review at least fourteen (14) days prior to the public hearing.
[3]
Two (2) parking spaces are to be provided for each dwelling
unit.
[4]
An existing, conforming two-family or multifamily dwelling must be within five hundred (500) feet or five (5) contiguous single-family house lots (as defined in § 200-27A of this chapter), whichever is less, of the proposed two-family lot(s) and must share frontage on the same street.
[5]
The proposed two-family dwelling must be in an area where existing,
conforming two-family or multifamily dwellings constitute a minimum
of twenty percent (20%) of the abutting dwellings.
[6]
The shared frontage requirement in Subsection B(6)(a)[4] may be waived when the proposed two-family dwelling fronts on a new road (as with a new subdivision) and would otherwise not qualify for approval of a permit.
[7]
Of every ten (10) permits granted to a petitioner, one (1) permit
must be used to provide a two-family home selling at an average price
not greater than seventy-five percent (75%) of the other nine (9).
The sale of that targeted two-family unit must be accomplished within
twelve (12) months of the granting of the permit, or the remaining
permits shall be deemed null and void. The sale of the targeted two-family
unit must be handled with the oversight of the Randolph Housing Officer
(Form SP-4) to assure the public that no exclusionary practices are
involved.
[8]
A notarized letter of identification of principals if the applicant
or owner, or both, is a corporation, realty trust or an entity, rather
than an individual. In the case of a company or corporation, the principals
shall be listed, including and identifying those persons who are authorized
to act on its behalf. In the case of realty trusts, all trustees shall
be listed, and those who are authorized to act on behalf of the trust
shall be identified. Any change in those persons identified, prior
to the granting of a special permit, are to be noted to the Randolph
Planning Board via a new notarized letter.
[9]
The Planning Board may establish fees to be paid to the Town
of Randolph for such application per its rules and regulations.
[10]
A special permit may be granted to (re)build when an existing, conforming two-family home, by design not conversion, has been or will be destroyed or is otherwise no longer occupying a lot. Subsection B(6)(a)[2], [3] and [4] will not apply.
(b)
Conditions may be waived if there is a demonstrated, overwhelming
need for this type of housing within the Town of Randolph. The conditions
as previously set forth do not take the place of any other zoning
bylaws but are meant as an addendum to them.
(7)
Drive-through windows. The placement, installation, use or maintenance
of a drive-through window service, as defined in this section, shall
not be allowed except as authorized to do so by a special permit issued
by the Town Council. The Town Council, as the special permit granting
authority, may issue a special permit for a drive-through window service,
provided that all of the following conditions are met:
(a)
"Drive-through window," as used in this section, shall refer
to any structure constructed, used, operated or maintained for the
purposes of enabling a person, firm, corporation or other type of
entity to provide food or other services of any kind to customers,
wherein such customers are able to drive their automobiles or any
other type of vehicles up to the facility and purchase such food or
services while remaining in their vehicles.
(b)
Applicants shall file with the Town Council, on a form issued
by the Town Council, a written application, signed under the penalties
of perjury, containing the information specified therein as may be
required by the Town Council.
(c)
The Town Council issuing such a special permit may require applicants
to fulfill other reasonable conditions as it may deem appropriate
in each individual case.
(8)
Twenty-four-hour business operations. No twenty-four-hour business
operation shall be allowed unless authorized by a special permit.
This subsection does not apply to licensed common victualers or to
licensed establishments serving alcoholic beverages. For purposes
of this section, "twenty-four-hour business operation" shall mean
any business use which operates during all or any part of the period
between 12:00 midnight and 5:00 a.m. The Town Council, as the special
permit granting authority, may issue a special permit for a twenty-four-hour
business operation in accordance with the following procedure:
(a)
The applicant shall file with the Town Council, on a form issued
by the Town Council, a written application signed under the pains
and penalties of perjury setting forth the information required by
the form.
(b)
The Town Council shall determine whether the issuance of a special
permit will be in harmony with the general purposes of this chapter.
(c)
The Town Council shall impose such reasonable conditions upon
issuance of the special permit as it determines are appropriate to
further the general purposes of this chapter.
(10)
Crematories.
(a)
The placement, installation, use or maintenance of a crematory
shall not be allowed anywhere in the Town unless authorized by a special
permit issued by the Town Council.
(b)
The Town Council, as the special permit granting authority,
may, in its discretion, issue a special permit for a crematory, but
is not required to do so, even if all of the conditions stated below
are satisfied.
(c)
In order to issue a special permit for a crematory, the Town
Council shall find that all of the following criteria and all other
applicable procedural and substantive requirements of this chapter
are satisfied:
[1]
A crematory may be located only within the limits of a cemetery
containing no less than twenty (20) acres, which cemetery shall have
been in existence and actually used for burial purposes for a period
of at least five (5) years immediately preceding the time of initiating
the crematory use.
[2]
The crematory facility shall be set back at least two thousand
(2,000) feet from the property lines of the lot upon which it is located,
plus an additional two thousand (2,000) feet from any residential
zoning district abutting such lot.
[3]
The crematory facility shall be set back at least two thousand
(2,000) feet from any public or private way, including without limitation
the way which provides frontage for the lot upon which the facility
is located.
[4]
No signage identifying the property as the location of a crematory
shall be allowed.
[5]
The frontage requirements of a lot containing a crematory shall
be those of the underlying zoning district.
[6]
The crematory shall have no detrimental effect on the neighborhood
in which it is located or on the Town as a whole.
[7]
The crematory shall be adequately screened by vegetation or
a fence so that it is not visible from any residential zoning district
or from any public or private way.
(d)
The Town Council may condition its grant of a special permit
for a crematory, including, without limitation:
[1]
Conditions, safeguards and limitations on time and/or use;
[2]
Term of ownership or use by the applicant;
[3]
A specific term with renewals required;
[4]
Hours of operation;
[5]
Required parking spaces;
[6]
Police details for public safety and traffic control;
[7]
Landscaping; and
[8]
Any condition the Town Council deems necessary or desirable
for the health, safety and/or convenience of the residents of the
neighborhood in which the facility is located or of the Town as a
whole.
(11)
An in-law apartment may be added to a single-family dwelling
if all of the following requirements are met:
(a)
The owner of the single-family dwelling must be the applicant
and occupant of the premises.
(b)
There shall be a maximum of two (2) people living in the apartment.
(c)
The applicant/owner shall provide satisfactory proof of kinship as defined in the § 200-3 definition of "family."
(d)
No more than one (1) bedroom shall be permitted.
(e)
There may be full kitchen facilities.
(f)
One (1) additional full bathroom is permitted.
(g)
The in-law apartment shall not exceed eight hundred (800) square
feet of additional floor space.
(h)
There shall not be more than one (1) in-law apartment within
a single-family dwelling, and the appearance of the premises shall
be that of a single-family dwelling. If a separate entrance is proposed,
it shall be located to the side or rear of the existing structure.
(i)
A covenant of restriction shall be filed at the Building Department
and at the Registry of Deeds in the chain of title.
(j)
There shall be a submittal of plans approved by the Building
Department showing the floor plan and proposed parking.
(k)
The Building Commissioner or designee and the Fire Department
shall have the authority to enter and inspect the in-law apartment
once, every two (2) years.
(l)
Lot grading general bylaws shall be adhered to.
(12)
The Town Council, as the special permit granting authority, may,
in its discretion, issue a special permit for a nonaccessory sign(s)
located within the Sanitary Facility Zoning District and the Industrial
Zoning District if it determines that the particular sign will be
in harmony with the general purpose and intent of this subsection,
provides a significant public benefit to the Town of Randolph and
will not be injurious to the neighborhood in which such sign or signs
are to be located, nor to traffic and safety conditions therein, nor
otherwise detrimental to the public safety and welfare. Notwithstanding
the aforementioned, the following conditions must be met:
(a)
No nonaccessory sign(s) shall be erected or maintained unless permitted
under a permit lawfully issued, and remaining in full force and effect,
by the Commonwealth of Massachusetts, or by any board or official
succeeding to its authority in the administration of MGL c. 93, §§ 29
through 33, or any act in addition thereto or any amendment thereof
and unless allowed by a special permit issued by the Town Council
and a building permit issued by the Town of Randolph Building Commissioner/Inspector.
(b)
Nonaccessory signs, including structural support(s), shall be limited
to a certain height, not to exceed seventy (70) feet.
(c)
Nonaccessory signs shall be a certain distance, not to be within
two hundred (200) feet, from any existing residential dwelling.
(d)
Nonaccessory signs shall not be erected or maintained in any residential
districts within the Town of Randolph.
(e)
There shall be no more than a total of two (2) nonaccessory signs
located within the Sanitary Facility Zoning District and the Industrial
Zoning District.
(f)
Nonaccessory signs shall not be nearer than fifty (50) feet to any
other such nonaccessory sign(s).
(g)
Each nonaccessory sign(s) must have no more than two (2) faces and
each face shall measure a maximum of six hundred seventy-two (672)
square feet [fourteen (14) feet in height by forty-eight (48) feet
in length] in area.
(h)
Nonaccessory signs may contain moving, nonmoving, fixed or trivision
(or similar) technology so long as it would not create a driving hazard.
(i)
Nonaccessory signs can be illuminated in accordance with the following:
[1]
Signs may be illuminated by reflected, light-emitting diode (LED)
or silhouette-type lighting.
[2]
No illumination shall be permitted which casts a glare on any residential
premises. Signs shall be equipped with shielding, lenses or cut-off
devices to eliminate light trespass and limit to three-tenths (0.3)
footcandle measured at the property line.
[Amended 5-6-2013 by Ord.
No. 2013-021]
[3]
No colored lights shall be used if it is the opinion of the Chief
of Police that such colors would create a driving hazard.
(j)
Nonaccessory signs attached to a roof are not permitted.
(k)
The Town of Randolph Building Commissioner is hereby designated and
authorized as the officer charged with the enforcement of this subsection.
(l)
Nonaccessory signs are allowed in IDs (Industrial Districts); they
are not allowed in the GPCCOD (Great Pond Commerce Center Overlay
District).
(n)
Electronic signs are permitted as nonaccessory signs in the approved
districts with the following conditions:
[Added 5-6-2013 by Ord.
No. 2013-020]
[1]
Each static display must last at least ten (10) seconds
[2]
The sign achieves an instant message change.
[3]
The sign does not display illumination that moves, appears to move
or changes in intensity during the static display period. This does
not include changes to a display for time, date and temperature.
[4]
The sign automatically adjusts the intensity of its display according
to natural ambient light conditions.
[5]
The brightness of the electronic sign shall not exceed three-tenths
(0.3) footcandle above ambient light as measured perpendicular to
the sign face at two hundred fifty (250) using a footcandle meter.
[6]
Electronic signs shall not:
[a]
Emit any sound.
[b]
Cause beams or rays of light to be directed at any portion of
the traveled way, which beams or rays are of such intensity or brilliance
as to cause glare or to impair the vision of the driver of any motor
vehicle or otherwise interfere with the operation of a motor vehicle.
[c]
Obscure or interfere with the effectiveness of an official traffic
sign, device or signal, or cause an undue distraction to the traveling
public.
[d]
Contain more than one (1) face visible from the same direction
on the traveled way.
[e]
Obscure or otherwise interfere with a motor vehicle operator's
view of approaching, merging or intersecting traffic.
[f]
Be within five hundred (500) feet of any type of permitted sign
regardless of which direction the sign is intended to face.
[g]
Be within one thousand (1,000) feet of another off-premises
permitted electronic sign on the same side of the traveled way regardless
of which direction the sign is intended to face.
[h]
Be within one thousand (1,000) feet of another off-premises
permitted electronic sign on the opposite side of the traveled way
regardless of which direction the sign is intended to face.
[i]
Contain flashing, intermittent, or moving lights; or display
animated, moving video or scrolling advertising.
(13)
Rehabilitation facility or assisted-living facility. The Town Council,
as the special permit granting authority, may, in its sole discretion,
issue a special permit for a rehabilitation facility or assisted-living
facility located within an applicable district if it determines that
the particular use provides a significant benefit to the Town of Randolph,
will not be injurious to the neighborhood in which it is located,
nor to traffic and safety conditions therein, nor otherwise detrimental
to the public safety and welfare. Notwithstanding the aforementioned,
the following conditions must be met:
[Added 4-8-2013 by Ord.
No. 2012-028A]
(a)
Lot size shall have a minimum of three (3) acres.
(b)
The site must have at least one (1) property line abutting a major
thoroughfare.
(c)
Where any required yard abuts a residential zone, there shall be
a forty-foot vegetated buffer which contains upright coniferous evergreens
six (6) feet in height and fifteen (15) feet on center.
(d)
Access to ambulance and delivery areas shall be directly from a major
thoroughfare, not a secondary road. Areas shall be obscured from all
adjacent residentially zoned districts through installation of fencing
at least six (6) feet in height supplemented by landscaping.
(e)
Garages for parking and storage of emergency and maintenance vehicles
are subject to the following conditions:
[1]
Provided that such use is accessory to the principal use.
[2]
The minimum distance of any garage from any property line shall be
fifty (50) feet.
[3]
No garage may be located between the side of the principal building
and the closest major thoroughfare.
[4]
Garages must be designed to be architecturally compatible with the
primary building.
(14)
Marijuana treatment center(s), sales, cultivation, harvesting.
[Added 1-28-2013 by Ord.
No. 2013-001; amended 5-6-2013 by Ord. No. 2013-004]
(a)
The Town Council, acting as the special permit granting authority,
may issue a special permit for the establishment of a marijuana treatment
center(s), marijuana growing, cultivating, or harvesting areas, marijuana
distribution, provided that the following conditions are met:
[1]
The applicant must qualify for and abide by any and all local and
state rules, regulations and/or laws applicable to a medical marijuana
treatment center(s);
[2]
The applicant and any and all employees or agents of applicant shall
execute a Massachusetts criminal offender record information (CORI)
request form to be administered by Department of Criminal Justice
Information Services (DCJIS), which will be used in the determination
of the special permit;
[3]
No owner, agent, or employee of the applicant shall have been convicted
of an offense under MGL Chapters 272, 94C, 64K, 269, 265, 271, 266,
272, 118E, 112, or like crimes from another state or territory of
the United States or foreign jurisdictions;
[4]
The parcel for which said special permit is being requested shall
be no closer than one thousand (1,000) feet to a school (public or
private), a playground/park or other public area that the general
public has access to, a halfway house, sober house, treatment center,
AA/NA gathering or meeting point, or house of worship; any club or
children's oriented activity where children gather, including day-care
centers, libraries, arcades, etc.;
[5]
The property in which the applicant not-for-profit entity shall be
located shall be in a freestanding building and shall not share a
common wall with any other use or tenant space, except with a use
that is consistent with the operation of a Medical Marijuana Treatment
Center or any associated medical Marijuana Cultivation.
[Amended 3-12-2018 by Ord. No. 2017-051A]
[6]
No signage shall be allowed other than one (1) single sign measuring
no greater than eighteen (18) inches by six (6) inches, which shall
be affixed to the front door of the establishment and shall not be
illuminated;
[8]
The applicant shall file a completed Town application on an approved
application form issued by the Town Council which shall include:
[9]
The applicant shall pay to the Town an application fee at the time
of the original submittal and the applicant shall also pay to the
Town an annual renewal fee.
[10]
All dispensaries shall be inspected on a semiannual basis by
the Building Department, Fire Department, Police Department, and Board
of Health. There shall be a semiannual fee of $125 to be paid to each
department to offset all additional costs associated with the facility
inspection, except sprinkler fee inspections. These semiannual reports
shall be forwarded to the SPGA outlining that the entity is in compliance
or if any deviations exist;
[11]
The hours of operation shall be no earlier than 8:30 a.m. and
no later than 7:00 p.m.;
[12]
There shall be no drive-through or take-out window allowed;
[13]
Dispensing of any marijuana product shall not occur in any automated
manner, i.e., vending machines. All dispensing must occur in a person-to-person
manner within the confines of the closed facility;
[Amended 3-12-2018 by Ord. No. 2017-051A; 3-12-2018 by Ord. No. 2018-005]
[14]
Any condition that the Town Council deems necessary or desirable
to benefit, protect, and secure the health, safety, and/or convenience
of the Town and/or the residents of the neighborhood in which the
medical marijuana treatment center(s) facility is located; and
[Amended 3-12-2018 by Ord. No. 2017-051A; 3-12-2018 by Ord. No. 2018-005]
[15]
Areas where uses are permitted.
[Added 3-12-2018 by Ord.
No. 2017-051A]
[a]
The uses described in this § 200-46B(14) shall only be permitted as described in the Table of Allowable Activity or in the Great Bear Swamp Highway District (GBHD), but only in the GBHD if the use is on the southeasterly side of the way known as Route l39/Mazzeo Drive and only if the use is set back at least five hundred (500) feet from the way known as Route 139/Mazzeo Drive.
[b]
The uses described in this § 200-46B(14) shall only be permitted as described in the Table of Allowable Activity or in the Industrial District (ID), but only in the ID if the use is located on a parcel with frontage on the way known as Teed Drive or with frontage on the way known as Chief's Way.
[Added 3-12-2018 by Ord.
No. 2018-005]
(b)
Hardship cultivation. All persons who possess a hardship cultivation registration as defined herein shall be allowed to cultivate medical marijuana within a single-family residential home, subject to the conditions set forth by the commonwealth and the conditions set forth in § 200-46 and these additional conditions:
[1]
The registrant shall provide a copy of its registration card to the
heads of the Police Department, Fire Department, Building Department
and the Board of Health.
[2]
The registrant shall provide a security plan to the head of the Police
Department that outlines specific protection of the medical marijuana
within an enclosed and locked facility.
[3]
The registrant shall provide a plan in the case of a fire to the
Fire Chief to protect the general public and first responders and
other safety officials.
[4]
The registrant shall obtain building, wiring, plumbing and any other
permits necessary to construct the enclosed facility, locked facility,
for the cultivation of medical marijuana and obtain subsequent inspections
for permits.
[5]
The cultivation under this subsection must take place on property
that is owned, rented or leased by the registrant; if the property
is leased or rented, then a signed affidavit from the owner of the
property must be submitted allowing the cultivation to exist.
[6]
The registrant shall provide a written plan to reduce odorous emissions.
(15)
Car washes.
[Added 5-11-2020 by Ord. No. 2020-012]
(a)
All mechanical car wash facilities shall be located on a lot
and shall be permanent or semi-permanent fixtures on that lot. Mechanical
mobile car wash facilities (wash facilities that move from location
to location) are not permitted in any zoning district.
(b)
Nothing in these Zoning Ordinances shall prevent occasional
hand washing, cleaning or waxing of individual vehicles in any zoning
district, so long as washing, cleaning or waxing of vehicles is not
the primary purpose of the building, area or entity doing the washing,
cleaning or waxing.
(c)
Every car wash facility shall be screened from any adjacent
residential property or residential zone by a suitable opaque fence
(which shall bear no advertising), or planting screen, six (6) feet
in height and providing such density so as to provide year-round screening.
(d)
In addition to complying with all applicable parking requirements contained in Article IV of these Zoning Ordinances, each car wash bay shall have the following vehicle stacking capacity for cars waiting to be serviced:
(e)
If accessory vacuuming facilities are provided, the site plan
shall demonstrate one parking space for each vehicle capable of being
serviced at any one time at such vacuum facility where such spaces
do not interfere with circulation drives, stacking lanes or entry
and exit drives.
(f)
All car wash facilities must comply with the requirements of
the Clean Water Act, the Town of Randolph Stormwater and MS4 Ordinances
and regulations, and the Massachusetts MS4 General Permit (as most
recently amended).
(g)
Whenever a declaration of a state of water supply emergency
or resulting order is legally declared and imposed on the Town of
Randolph by an appropriate state or federal agency, or a water conservation
emergency declared by the Tri-Town Board Water Commission or its successor,
the Town Council may promulgate such reasonable rules and regulations
as are necessary to implement said declaration, order or water conservation
emergency, including limiting the quantity of water available to car
washes.
(h)
Car wash facilities shall recycle as much of the water as reasonably
practical.
