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Raynham, Massachusetts.  Incorporated 1731

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USES BY SPECIAL PERMIT
ARTICLE SEVEN:  USES BY SPECIAL PERMIT

7.1     SPECIAL PERMIT GRANTING AUTHORITY  

Certain uses, as provided in this By-Law, shall be allowed only upon issuance of a special permit by the Board of Appeals or such other special permit granting authority as may be designated by this By-Law.
7.2     GENERAL REQUIREMENTS FOR SPECIAL PERMITS

Special Permits shall only be issued when specific requirements of this By-Law or of Chapter 40A General Laws are met and may be subject to conditions and limitations necessary to safeguard public health, safety and welfare.  As a condition of issuance of a special permit, the special permit granting authority shall find that the proposed use will not be detrimental to the established or future character of the neighborhood and the town, and that adequate provisions have been made for safe and convenient access, egress, parking, drainage, screening, buffer strip, water supply, light, air and the required customary and emergency services.

If the construction or operation authorized by a special permit has not commenced within 6 months of the issuance of the special permit, such construction or operation shall thereafter conform to any zoning changes applicable thereto.  If the construction or operation under special permit has not commenced within two (2) years after its issuance, such special permit shall lapse and no construction or operation shall commence thereafter, except upon a new public hearing and issuance of a new permit.  Time limits specified in preceding sentences shall, however, be extended by as long as may be necessary to await final disposition of any appeal or litigation relative to such special permits.

7.3  PUBLIC HEARING   
 
No special permit shall be issued except following a public hearing held within sixty-five days after the filing of the application with the granting authority.  Failure of the special permit granting authority to take final action within ninety days following said public hearing shall be deemed a grant of the application.

7.4  SPECIFIC USES AUTHORIZED BY SPECIAL PERMIT       

The following uses, listed in alphabetical sequence may be authorized by the designated special permit granting authority (SPGA) in the districts specified and subject to the conditions herein stated.  Unless provided otherwise in this By-Law, the Board of Appeals shall be the designated special permit granting authority.

ACCESSORY USES necessarily incidental to scientific research or development or related production.  

In any District.  

Uses accessory to and necessarily incidental to the scientific research, development, and the related production, whether or not located on the same lot as the principal use they serve.  SPGA must find such use does not substantially derogate from the public good.

** Adult Book Store/Adult Motion Picture Theater/Adult Paraphernalia Store/Adult Video Store/Adult Club           

In an Industrial District.

A.  Adult Book Stores, Adult Motion Picture Theaters, Adult Paraphernalia
Stores, Adult Video Stores, and Adult Clubs may not be located within 1000 feet of each other and 500 feet of the nearest lot lines of:

          1.  A residential district.

 2.  Any establishment licensed under the provisions of
                          Section 12 of Chapter 138 of the Massachusetts General Laws.

B.  Adult Book Stores, Adult Motion Picture Theaters, Adult Paraphernalia
Stores, Adult Video Stores, and Adult Clubs and all advertising signs for same, shall not be located within 50 feet of a public or private way and shall be set back a minimum of 50 feet from all property lines.
The application for a Special Permit must include the following
      information:
1.  Names and addresses of the legal owner of the Adult
Book Store, Adult Motion Picture Theater, Adult Club, Adult  Paraphernalia Store or Adult Video Store.

2.  Name and address of all persons having a fee, equity and/or
security interest in such store, theater, or club, in the event a corporation, partnership, trust or other entity is listed, the name and address of every person who has an ownership interest and/or beneficial interest in the entity must be listed in order that the SPGA will know who are the persons who actually own and control the store, theater or club.

Name and address of the manager.


The number of employees, or proposed number of employees, as
                       the case may be.

5.  Proposed security precautions, and

6.  The physical layout of the premises.

Special permits for Adult Book Stores/Adult Motion Picture Theaters/
Adult Paraphernalia Stores/Adult Video Stores/Adult Clubs shall not be granted to any person convicted of violating the provisions of Massachusetts General Laws Chapter 119, Section 63, nor Massachusetts General Laws Chapter 272, Section 28.  Any persons listed in Paragraph C (2) are subject to this prohibition.

E.  Special permits for Adult Book Stores/Adult Motion Pictures/
Adult Paraphernalia Stores/Adult Video Stores/Adult Clubs shall only be issued following public hearings held within 65 days after filing of an Application with the Special Permit Granting Authority, a copy of which shall forthwith be given to the Town Clerk by the Applicant.  The Special Permit Granting Authority shall act within 90 days following the public hearing for which notice has been given by publication or posting as provided in Massachusetts General Laws, Chapter 40A, Section 11, and by mailing to all parties in interest.  Failure by the Special Permit Granting Authority to take final action upon an Application for a Special Permit herein within said 90 days following the date of the public hearing shall be deemed to be a grant of the Permit applied for.  Special permits issued by the Special Permit Granting Authority herein shall require a unanimous vote of the three member board.
    
F.  A Special Permit granted herein shall lapse within one year, including  
such time to pursue or await the determination of an appeal referred to
in Massachusetts General Laws Chapter 40A, Section 17, from the grant
thereof if a substantial use thereof has not sooner commenced except
for good cause or, in the case of Permit for construction, if construction
has not begun by such date except for good cause.

G.  Any existing Adult Book Store, Adult Motion Picture Theater,
Adult Paraphernalia Store, Adult Video Store, or Adult Club shall apply for such special permit within 90 days following the adoption of this Zoning By-law Amendment. **       
(** to ** All inclusive sections amended at S.T.M. of 11/22/99)

        H.  Registered Marijuana Dispensary

  • Purpose and Intent  -
To provide for the limited establishment of Medical Marijuana Treatment Centers in appropriate places and to minimize the adverse impacts of Medical Marijuana Treatment Centers on residential neighborhoods, schools and other places where children congregate and other land uses potentially incompatible with said facilities.

  • Location
No Medical Marijuana Treatment Center may be located within 500 feet of a school, church or other religious use, child care facility or family child care home, park, playground or other recreational area, drug or alcohol rehabilitation facility, or other Medical Marijuana Treatment Center.  Distance shall be measured as the shortest distance between buildings or as the shortest distance between the building of the Medical Marijuana Treatment Center and the nearest property line of the other building in question.

  • Any Medical Marijuana Treatment Center shall comply with 105 CMR 725.000 in its entirety.  (section added A.T.M. 05/19/2014)
ALTERATION, CHANGE OR EXTENSION of pre-existing nonconforming structures or uses.

In any District.

SPGA shall find the change, extension or alteration is not substantially more detrimental to the neighborhood than the existing nonconforming use.  Such alterations and additions shall not exceed one hundred percent of the floor area of the existing structure.    

ANIMAL RAISING of more than two hogs, pigs or fur-bearing animals.

In Residential A District.

Such animals shall not be permitted to run at large.  Notice of application to be submitted to the Board of Health.

        ANY USE PERMITTED IN A BUSINESS DISTRICT (added at S.T.M. of 11/20/00)

In Designated Development District on a parcel of not less than four (4) acres and three hundred fifty feet of frontage (350) that does not abut Paramount Drive, Commerce Way or Ashley Way, with any such use being subject to Business District dimensional requirements of these by-laws.  The Raynham Planning Board shall be the Special Permit Granting Authority for this use.  (highlighted areas amended ATM 5/21/03)

ANY USE PERMITTED IN A RESIDENTIAL B DISTRICT (added at S.T.M. of 11/20/00)

In Designated Development District on a parcel of not less than fifteen (15) acres, that does not abut Paramount Drive, Commerce Way or Ashley Way, with any such use being subject to Residential B District dimensional requirements of these by-laws.  The Raynham Planning Board shall be the Special Permit Granting Authority for this use.



ASSISTED LIVING FACILITY (added at Special Town Meeting of 1/20/98)

In Business District or in a Designated Development District on a parcel of not less than fifteen (15) acres, that does not abut Paramount Drive, Commerce Way or Ashley Way, with any such use being subject to Business District dimensional requirements of these by-laws.  The Raynham Planning Board shall be the Special Permit Granting Authority for this use. (highlighted portion added at S.T.M. of 11/20/00)

AUTOMOBILE DISMANTLING OR USED PARTS YARD       
 
In Industrial District.

AVIATION FIELD      

In Residential A District.

BARBED WIRE OR RAZOR WIRE FENCING (added 5/21/01 A.T.M. adjourned session on 5/23/01)

In any district

BOARDING HOUSE(S) (added S.T.M. 2/12/90)

In Residential “B” and Business District provided that there is one off-street parking space per adult occupant and further provided that the Board of Health has issued an occupancy permit for said Boarding House(s).

BOAT LIVERY       

In Residential A District.
CAMPGROUNDS (added S.T.M. 2/12/90)       

In all districts except Residential “A” and “B”.

CLUB, private, not for profit.  

In Residential A District.

COMMERCIAL GREENHOUSE (added S.T.M. 2/12/90)

In any district when used in connection with a nursery business.

CONVALESCENT HOME     

In Residential A District.

DRIVE-THROUGH  Any business that has a drive-through window for a part or all of their business.

                In any District.

The Raynham Planning Board shall be the Special Permit Granting Authority for this use.   (this section added at S.T.M. of 11/20/00)

DWELLING CONVERSION (amended S.T.M. 2/12/90)

In a Residential A District.

Of any existing one-family dwelling into a two-family dwelling where the existing dwelling exceeds 1750 square feet (including an attached garage) of usable living space and said conversion is for continuous use of the owner’s immediate family, i.e. mother, father, sibling, children or in-laws.

FUNERAL HOME (added A.T.M. 5/16/94)  

In a Residential A District provided that the Special Permit Granting Authority specifically addresses the issues of lot size, parking, signage, lighting and hours of operation.

GASOLINE SELLING STATION  (amended S.T.M. 2/12/90)

In Business District.

SPGA shall make written findings relative to the following:

(A).  The probability of a reasonable public need for the proposed station, supported by evidence including market data submitted by the petitioner.

(B).  The proximity of other gasoline selling station. (amended S.T.M. 2/12/90)

(C).  That the proposed use will not create a traffic hazard or excessive traffic congestion because of its location to the following:

 1.  necessity of turning movements in relation to access to
 public roads or intersections.
  
  2.  other buildings on or near the site and the traffic pattern
  from such buildings.

 3.  vehicular way or pedestrian entrance or crossing to a public or private school, park, playground or hospital, or other public
 use or place of public assembly.

(D).  That in the absence of convincing evidence to the contrary, the following shall constitute lack of probability of a reasonable public need for a proposed gasoline selling station. (amended S.T.M. 2/12/90)

1.  the presence of two selling stations within 500 feet of the center of an  intersection with four or more corners. (amended S.T.M. 2/12/90)

2.  a selling station within one mile distance along any road, except that two stations may be allowed at intersections as specified above.


GOLF COURSE     

In Residential A District.

HEIGHT (added S.T.M. 2/12/90)       
From Section 6.10

        LARGE-SCALE GROUND-MOUNTED PHOTOVOLTAIC INSTALLATIONS (added at         S.T.M. 10/29/12)
        In Residential A District, Residential B District, Residential C District, Residential  D District,     
        Farm and Forest District, and Farm and Forest II District

LIVESTOCK (added S.T.M. 2/12/90)    
More livestock than permitted in 4.1.1(d).


MANUFACTURING or commercial uses including processing, fabrication and assembly.

In Business District.

No use shall be permitted which will be detrimental or offensive or tend to reduce property value in the same or adjoining districts by reason of dirt, odor, fumes, smoke, gas, sewage, refuse, noise, excessive vibration or danger of explosion or fire.

NET AREA (SAME AS LOT AREA) (added S.T.M. 2/12/90)

From Section 5.2

PARKING REQUIREMENTS (added S.T.M. 2/12/90)

A special permit from 6.5 only for previously existing buildings, also from Section 6.5(e).

PLACE OF AMUSEMENT

In Business District.

PLACE OF ASSEMBLY

In Business District.

PRIVATE GARAGE (added S.T.M. 2/12/90)       
In any district - size larger than permitted in Residential “A”, “B”, “C” or “D” *.     (* amended A.T.M. 5/20/96)

PUBLIC UTILITY STRUCTURE (added S.T.M. 2/12/90)       

In any District.

Public utility structures shall be exempt from this article, if they are part of an approved definitive subdivision plan and/or are approved pursuant to Site Plan Approval by the Raynham Planning Board. (Highlighted portion added at A.T.M. of 5/18/98.)


RIDING STABLE

In Residential A District.

SEWAGE DISPOSAL AND FILTRATION PLANT  (added S.T.M. 2/12/90)

In Business District.

SIGNS  (added S.T.M. 2/12/90)           

From Section 6.6.7(a)

USED CAR SALES

 In Industrial District.






 
Town of Raynham 558 South Main St., Raynham, MA 02767
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