(a)

Application and preapplication conference. An application for a variance for relief from the literal requirements of a zoning ordinance because of hardship, an application for a special use permit, or an application for a modification, may be made by any person, group or agency by filing with the administrative officer an application describing the request and supported by such data and evidence as may be required by the zoning board of review, planning board or by the terms of this chapter. Every applicant for a use variance, dimensional variance, modification, or special use permit must submit a site plan for review. In filing for an appeal, variance, special use permit, or modification of greater than five percent, the applicant, in addition to filing plans and specifications, shall accompany the request with a list of property owners within 200 feet of the property in question. A filing fee of $100.00, payable to the town shall be required for all applications under this article. The administrative officer shall immediately transmit each application received to the zoning board of review and shall transmit a copy of each application to the planning board. Pursuant to article XI of this chapter, an application shall be considered substantially complete when the planning board is satisfied with the content of the site plan submission according to the appropriate checklist as determined by the administrative officer, following receipt of the filing fee.

A preapplication conference may be held between the applicant and the administrative officer and/or zoning enforcement officer prior to formal submission of an application for a special use permit, variance, or modification. If requested by the applicant or municipality, the zoning board of review or the planning board may conduct a preapplication conference at an open meeting.

(b)

Request for advisory opinion. The zoning board of review may request on applications for relief from the literal requirements of this chapter an advisory opinion and recommendations from the planning board. If requested, the planning board shall report its findings and recommendations, including a statement on the general consistency with the goals and purposes of the comprehensive plan to the zoning board of review within 30 days of the receipt of the application from that board.

(c)

Public hearing requirements. The zoning board or planning board on applications filed under sections 38-325 and 32-46 shall hold a public hearing on any application for variance or special use permit in an expeditious manner, after receipt, in proper form of an application, and shall give public notice thereof pursuant to subsection 38-38(b).

(d)

Modifications.

(1)

Modifications defined. A modification is permission granted and administered by the zoning enforcement officer, pursuant to the provisions of this chapter to grant a dimensional variance other than lot area requirements to a limited degree not to exceed 25 percent of each of the applicable dimensional requirements listed in section 38-192.

(2)

Amount of relief qualifying as a modification. Modifications from the literal dimensional requirements of the zoning ordinance in the instance of construction, alteration, or structural modification of a structure or lot of record. The zoning enforcement officer is authorized to grant modification permits. Modifications encroaching up to 25 percent of each of the dimensional requirements specified in section 38-192 are authorized to be granted by the zoning enforcement officer. A modification does not permit moving of lot lines.

(3)

Decision. Within ten days of the receipt of a request for a modification, the zoning enforcement officer shall make a decision as to the suitability of the requested modification based on the following determinations:

a.

The modification requested is reasonably necessary for the full enjoyment of the permitted use;

b.

If the modification is granted, neighboring property will neither be substantially injured nor its appropriate use substantially impaired;

c.

The modification requested does not require a variance of a flood hazard requirement, unless the building is built in accordance with applicable regulations; and

d.

The modification requested does not violate any rules or regulations with respect to freshwater wetlands.

(4)

Modifications of five percent or less. Upon an affirmative determination, in the case of a modification of five percent or less, the zoning enforcement officer shall have the authority to issue a permit approving the modification, without any public notice requirements.

(5)

Modifications greater than five percent. In the case of a modification of greater than five percent, the zoning enforcement officer shall notify, by first class mail, all property owners abutting the property which is the subject of the modification request, and shall indicate the street address of the subject property in the notice, and shall publish in a newspaper of local circulation within the city or town that the modification will be granted unless written objection is received within 14 days of the public notice. If written objection is received within 14 days, the request for a modification shall be scheduled for the next available hearing before the zoning board of review on application for a dimensional variance following the standard procedures for such variances, including notice requirements provided for under this section. If no written objections are received within 14 days, the zoning enforcement officer shall grant the modification. The zoning enforcement officer may apply any special conditions to the permit as may, in the opinion of the officer, be required to conform to the intent and purposes of the zoning ordinance. The zoning enforcement officer shall keep public records of all requests for modifications, and of findings, determinations, special conditions, and any objections received. Costs of any notice required under this subsection shall be borne by the applicant requesting the modification.

(Ord. of 6-23-1994, art. VII, § 1; Ord. of 3-5-1998; Ord. of 2-8-2024(5))

Editor's note— An ordinance adopted Feb. 8, 2024 amended the title of § 38-321 to read as herein set out. The former § 38-321 title pertained to procedure generally.

The planning board may grant a special use permit or variance for relief from the literal requirements of this chapter in conjunction with formal development plan review, in accordance with the procedures and standards set forth in article IX of this chapter, for any use or structure designated as a special use permit or designated as permitted, requiring development plan review in article IV of this chapter or elsewhere in this chapter. See also section 38-325. The planning board is authorized to grant applications for relief from the literal requirements of this chapter where that application requires approval as a land development or subdivision under chapter 32. See section 38-325. Nothing in this section shall be construed to limit the zoning board of review's authority to grant variances or special use permits not requiring subdivision, development plan review or land development review.

(Ord. of 6-23-1994, art. VII, § 3; Ord. of 2-8-2024(6))

(a)

Applications for special use permits shall be reviewed by the zoning board of review unless an application is reviewed under unified development review. In these instances, applications for special use permits shall be reviewed by the planning board pursuant to sections 38-325 and 32-46. The review authority shall not grant a special use permit unless it finds the following:

(1)

The use will comply with all applicable requirements and development and performance standards set forth in articles VI and IX of this chapter.

(2)

The use will be in harmony with the general purpose and intent of this chapter.

(3)

The granting of the special use permit will substantially serve the public convenience and welfare.

(4)

The use will not result in or create conditions inimical to the public health, safety, morals and general welfare.

(5)

It will not substantially or permanently injure the appropriate use of surrounding property.

(6)

In addition to the above, the zoning board of review shall consider:

a.

Access to air, light, views and solar access;

b.

Public access to waterbodies, rivers and streams; and

c.

The conservation of energy and energy efficiency.

(b)

The zoning board of review or planning board may not extend or enlarge a special use permit except by granting a new special use permit except in review of a special use permit application for an accessory use to a principal use which requires a special use permit in the district which the lot is located. In such instances, the accessory use shall be added as a condition to the special use permit for the principal use.

In such cases, if the principal use, which is permitted by special use permit in the district in which the lot located has nonconforming rights, the accessory use shall be permitted as of right.

(c)

Pursuant to section 38-236 a nonconforming use may be changed to a different nonconforming use by special use permit. If so changed, the alteration shall more closely adhere to the intent and purpose of this chapter.

(Ord. of 6-23-1994, art. VII, § 4; Ord. of 2-8-2024(7))

Editor's note— An ordinance adopted Feb. 8, 2024 amended the title of § 38-323 to read as herein set out. The former § 38-323 title pertained to standards for granting.

(a)

Application. An application for relief from the literal requirements of this chapter because of hardship or an application for a special use permit may be made by any person, group or agency by filing with the administrative officer an application describing the request and supported by such data and evidence as may be required by the zoning board of review or planning board or by the terms of this chapter. In filing for an appeal, variance or special use permit, the applicant, in addition to filing plans and specifications, shall accompany the request with a list of property owners within 200 feet of the property in question and with a filing fee of $100.00, payable to the town. In filing for a modification of greater than five percent, the zoning enforcement officer shall produce a list of property owners abutting the subject property and shall notify the property owners pursuant to subsection 38-321(d)(5). All modification applications shall be accompanied with a filing fee of $100.00. The administrative officer shall immediately transmit each application received to the zoning board of review and shall transmit a copy of each application to the planning board.

(b)

Procedure. Where an application is reviewed under unified development review, the planning board may request on applications for relief from the literal requirements of this chapter, an advisory opinion and recommendations from the zoning board of review. If requested, the zoning board of review shall report its findings and recommendations, including a statement on the general consistency with the goals and purposes of the comprehensive plan to planning board within 30 days of the receipt of the application from that board.

Where an application is not reviewed under unified development review, the zoning board of review may request on applications for relief from the literal requirements of this chapter, an advisory opinion and recommendations from the planning board. If requested, the planning board shall report its findings and recommendations, including a statement on the general consistency with the goals and purposes of the comprehensive plan to the zoning board of review within 30 days of the receipt of the application from that board.

(c)

Public hearing and notice. The zoning board or the planning board on applications filed under sections 38-325 and 32-46 shall hold a public hearing on any application for variance in an expeditious manner, after receipt, in proper form of an application, and shall give public notice thereof pursuant to subsection 38-38(b).

(d)

Standards for relief. Standards for relief are as follows:

(1)

Variance. In granting a variance, the board shall require that evidence to the satisfaction of the following standards be entered into the record of the proceedings:

a.

The hardship from which the applicant seeks relief is due to the unique characteristics of the subject land or structure and not to the general characteristics of the surrounding area, and is not due to a physical or economic disability of the applicant, excepting those physical disabilities addressed in [G.L. §] 45-24-30(a)(16).

b.

The hardship is not the result of any prior action of the applicant.

c.

The granting of the requested variance will not alter the general character of the surrounding area or impair the intent or purpose of this chapter or the comprehensive plan upon which this chapter is based.

d.

The zoning board of review or the planning board shall, in addition to the above standards, require that evidence be entered into the record of the proceedings showing that:

1.

In granting a use variance, the subject land or structure cannot yield any beneficial use if it is required to conform to the provisions of this chapter. Nonconforming use of neighboring land or structures in the same district and permitted use of lands or structures in an adjacent district shall not be considered in granting a use variance; and

2.

In granting a dimensional variance, the hardship that will be suffered by the owner of the subject property if the dimensional variance is not granted shall amount to more than a mere inconvenience, meaning that the relief sought is minimal to a reasonable enjoyment of the permitted use to which the property is proposed to be devoted. The fact that a use may be more profitable or that a structure may be more valuable after the relief is granted shall not be grounds for relief. The zoning board of review, or the planning board under sections 38-325 and 32-46 has the power to grant dimensional variances where the use is permitted by development plan review.

(2)

Special use permit. In granting a special use permit, the zoning board of review or planning board shall require that evidence to the satisfaction of the following standards be entered into the record of the proceedings:

a.

The special use is specifically authorized by this chapter.

b.

The special use meets all of the criteria set forth in the sections of this chapter authorizing such special use.

c.

The granting of the special use permit will not alter the general character of the surrounding area or impair the intent or purpose of this chapter.

(e)

Special conditions. In granting a variance or special use permit, or in making any determination upon which it is required to pass after public hearing under this chapter, the board may apply such special conditions that may, in the opinion of the board, be required to promote the intent and purposes of the comprehensive plan of the town and this chapter. Failure to abide by any special conditions attached to a grant shall constitute a zoning violation. Such special conditions shall be based on competent credible evidence on the record, shall be incorporated into the decision, and may include, but are not limited to, provisions for:

(1)

Minimizing adverse impact of the development upon other land, including the type, intensity, design and performance of activities;

(2)

Controlling the sequence of development, including when it must be commenced and completed;

(3)

Controlling the duration of use or development and the time within which any temporary structure must be removed;

(4)

Ensuring satisfactory installation and maintenance of required public improvements;

(5)

Designating the exact location and nature of development; and

(6)

Establishing detailed records by submission of drawings, maps, plats or specifications.

(f)

Commencement of construction/project. Construction/project shall start within 12 months of the date of recording. Construction shall be completed within 60 months of the date of recording.

(Ord. of 6-23-1994, art. VII, § 5; Ord. of 2-8-2024(8))

(a)

Unified development review established. Review and decision on variances and special use permits for properties undergoing land development or subdivision review, which qualifies for unified development review by the planning board, shall be conducted and decided by the planning board. This process is to be known as unified development review.

(b)

Application and review process. The application and review process for applications qualifying for unified development review shall be conducted as follows pursuant to section 32-46:

(1)

Generally. Review of projects submitted under unified development review shall adhere to the procedures, timeframes and standards of the underlying category of the project as listed in [G.L.] § 45-23-36, but shall also include the following procedures:

(2)

Minor subdivisions and land development projects. Except for dimensional relief granted by modification as set forth in section 38-321, requests for variances and special use permits related to minor subdivisions and land development projects shall be submitted as part of the application materials for the preliminary plan stage of review or if combined, for the first stage of reviews. A public hearing on the application, including any variance and special use requests that meet the requirements of subsection (7) of this section shall be held prior to consideration of the preliminary plan by the planning board. The planning board shall conditionally approve or deny the request(s) for the variance(s) and/or special use permit(s) before considering the preliminary plan application for the minor subdivision or land development project. Approval of the variance(s) and/or special use permit(s) shall be conditioned on approval of the final plan of the minor subdivision or land development project.

(3)

Development plan review. Except for dimensional relief granted by modification as set forth in section 38-321, requests for variances and/or special use permits related to minor subdivisions and land development projects shall be submitted as part of the application materials for the preliminary plan stage of review. A public hearing on the application, including any variance and special use permit requests that meet the requirements of subsection (7) of this section shall be held prior to consideration of the preliminary plan by the planning board. The planning board shall conditionally approve or deny the request(s) for the variance(s) and or special use permit(s) before considering the preliminary plan application for the minor subdivision or land development project. Approval of the variance(s) and or special use permit(s) shall be conditioned on approval of the final plan of the minor subdivision or land development project.

(4)

Major subdivisions and land development projects—Master plan. Except for dimensional relief granted by modification as set forth section 38-321, requests for variances and/or special use permit(s) related to major subdivisions and land development projects shall be submitted as part of the application materials for the master plan stage of review, or if combined, the first stage of review. A public hearing on the application, including any variance and special use permit requests that meet the requirements of subsection (7) of this section, shall be held prior to consideration of the master plan by the planning board. The planning board shall conditionally approve or deny the requests for the variance(s) and/or special use permit(s) before considering the master plan application for the major subdivision or land development project. Approval of the variance(s) and/or special use permit(s) shall be conditioned on approval of the final plan of the major subdivision or land development project.

(5)

Major subdivision and land development projects—Preliminary plan. During the preliminary plan stage of review, applicants shall have the ability to request alteration of any variance(s) and/or special use permit(s) granted by the planning board during the master plan stage of review, and/or to request new variance(s) and/or special use permit(s), based on the outcomes of the more detailed planning and design necessary for the preliminary plan. If necessary, the applicant shall submit such requests and all supporting documentation along with the preliminary plan application materials. If the applicant requests new or additional zoning relief at this stage a public hearing on the application, that meets the requirements of subsection (7) of this section, shall be held prior to consideration of the preliminary plan by the planning board. The planning board shall conditionally approve, amend, or deny the requests for alteration(s) and/or new variance(s) and/or new special use permit(s), before considering the preliminary plan application for the major subdivision or land development project. Approval of the alteration(s) and/or new variances, and/or new special use permits shall be conditioned on approval of the final plan of the major subdivision or land development project. If the planning board denies the request for alteration(s), variance(s), and/or new special use permit(s), the planning board shall have the option of remanding the application back to the master plan stage of review. Alternatively, if the planning board denies the request for alterations), new variance(s) and/or new special use permit(s), the applicant may consent to an extension of the decision period mandated by [G.L. §] 45-23-41(f) so that additional information can be provided and reviewed by the board or commission.

(6)

Decision. The time periods by which the planning board must approve or deny applications for variances and special use permits under the unified development review provisions shall be the same as the time periods by which the board must make a decision on the applicable review stage of the category of project under review. In granting requests for dimensional and use variances, the planning board shall be bound to the requirements of [G.L.] § 45-24-41 relative to entering evidence into the record in satisfaction of the applicable standards. In reviewing requests for special use permits, the planning board shall be bound to the conditions and procedures under which a special use permit may be issued and the criteria for the issuance of such permits, as found within the zoning ordinance pursuant to G.L. § 45-24-42, and shall be required to provide for the recording of findings of fact and written decisions as described in the zoning ordinance pursuant to G.L. § 45-24-42.

(7)

Public hearing. Unless otherwise provided in this chapter or in chapter 32, all applications under this section or section 32-46 shall require a single public hearing, held pursuant to G.L. § 45-23-50.1(b)(d). The public hearing must meet the following requirements:

a.

Public hearing notice shall adhere to the requirements found in [G.L.] § 45-23-42(1).

b.

The notice area for notice of the public hearing shall, at a minimum, include all property located in or within not less than 200 feet of the perimeter of the area included in the subdivision and/or land development project. Notice of the public hearing shall be sent by the administrative officer to the administrative officer of an adjacent municipality if:

1.

The notice area extends into the adjacent municipality; or

2.

The development site extends into the adjacent municipality; or

3.

There is a potential for significant negative impact on the adjacent municipality. Additional notice within watersheds shall also be sent as required in [G.L.] §§ 45-23-53(b) and (c).

c.

Public notice shall indicate that dimensional variance(s), use variance(s) and/or special use permit(s) are to be considered for the subdivision and/or land development project.

d.

The cost of all public notice is to be borne by the applicant.

(8)

Time periods. The time periods by which the planning board must approve, approve with conditions or deny the requests for variances and special use permit(s) under the unified development review provisions of chapter 38 shall be the same as the time periods by which the board must make a decision on the applicable review stage of the underlying type of project under review as found in chapter 32.

(9)

Expiration of approval. The expirations period of an approval of a variance or special use permit granted under this section shall be the same as those set forth in the statute for the underlying type of project under review.

(10)

Appeal. Decisions under this section, including requests for the variance(s) and/or special use permit(s) that are denied by the planning board may be appealed pursuant to [G.L. §] 45-24-69.

(c)

Town council. Where an applicant requires both planning board approval and town council approval for a zoning ordinance or zoning map change or kennel license, the applicant shall first obtain an advisory recommendation on the zoning change or kennel license from the planning board as well as conditional planning board approval for the first approval stage for the proposed project, which may be simultaneous, then obtain zoning change or kennel license approval from the council.

(Ord. of 2-8-2024(9))

An applicant may apply for, and be issued a dimensional variance in conjunction with a special use permit according to the following procedures:

(1)

Submission. The applicant shall submit a complete application for a dimensional variance and a complete application for a special use permit. The applications shall be separate.

(2)

Review. If the special use could not exist without the dimensional variance, the planning board under sections 32-46 and 38-325 shall consider the special use permit and the dimensional variance together to determine if granting the special use is appropriate based on both the special use criteria and the dimensional variance evidentiary standards.

(3)

Public hearing and public notice. Public notice shall be given pursuant to subsection 38-38(b)(2).

(Ord. of 2-8-2024(10))

Agricultural uses #4—Commercial nursery structures. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the AR district to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings.

Agricultural uses #6—Poultry farm with capacity for more than 10,000 birds. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the AR and HC2 districts to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings. Additionally a special use permit is required to control odor, air, soil or water pollution.

Open recreation uses #4—Camping area (licensed by town). This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the AR and HC2 districts to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings.

Open recreation uses #5—Rod and gun clubs, rifle or pistol ranges. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the AR district to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings. Additionally, a special use permit is required to control noise and vibration.

Public and semi-public uses #1—School or college. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the AR district to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings.

Public and semi-public uses #4—Medical clinic. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the AR district to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings.

Public and semi-public uses #5—Hospital. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the HC2 district to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings.

Public and semi-public uses #10—Cemetery. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the AR district to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings.

Office uses #3—Real estate office. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the AR district to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings.

Business uses #1—Barber, beautician, shoe repair, tailor, laundry pickup and similar service shops. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the AR district to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings. Additionally, a special use permit is required to control air, soil, or water pollution.

Business uses #2—Antique shop, gift shop, florist shop, pet shop and specialty shops. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the AR district to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings.

Business uses #3—Mortuary or funeral home. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the GB and HC2 districts to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings.

Business uses #8—Gasoline filling station (no major repairing). This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the GB and HC2 districts to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings. Additionally, a special use permit is required to control air, soil or water pollution.

Business uses #9—General automotive repair. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the GB district to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings. Additionally, a special use permit is required to control air, soil or water pollution.

Business uses #19—Medical office building situated on a state or U.S. highway. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the AR district to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings.

Business uses #20—Communications towers and antennas. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in all districts to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings.

Business uses #23—Winery. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the AR district to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings.

Additionally, a special use permit is required to manage traffic and on-site consumption.

Business uses #24—Farm brewery. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the AR district to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings. Additionally, a special use permit is required to manage traffic and on-site consumption.

Business uses #25—Farm distiller. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the AR district to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings. Additionally, a special use permit is required to manage traffic and on-site consumption.

Business uses #26—Micro-brewery. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the AR district to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings.

Additionally, a special use permit is required to manage traffic and on-site consumption.

Business uses #27—Distillery. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the AR district to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings.

Additionally, a special use permit is required to manage traffic and on-site consumption.

Transportation and parking uses #3—Rail or motor freight terminal. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the GB and HC2 districts to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings. Additionally, a special use permit is required to control noise and air, soil or water pollution.

Wholesale business and storage uses #4—Open storage of solid fuel (other than wood). This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the AR, GB and HC2 districts to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings.

Service industries uses #2—Electric substation. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the AR, GB and HC2 districts to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings. Additionally, a special use permit is required to control air, soil or water pollution.

Service industries uses #4—Any other structure which is part of a public service system. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the AR, GB and HC2 districts to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings.

Service industries uses #5—Laundromat. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the GB and HC2 districts to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings. Additionally, a special use permit is required to control air, soil, or water pollution.

Industrial uses #1. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the AR district to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings. Additionally, a special use permit is required to control air, soil or water pollution.

Industrial uses #13—Loam stripping. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the AR, GB and HC2 districts to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings. Additionally a special use permit is required to control noise, air, soil or water pollution, erosion and vibration.

Industrial uses #14—Retail outlet for permitted industrial operation. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the AR district to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings.

Industrial uses #15—Soap manufacture. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the GB and HC2 districts to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings. Additionally, a special use permit is required to control air, soil or water pollution.

Industrial uses #16—Sodium compounds manufacture. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the GB and HC2 districts to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings. Additionally, a special use permit is required to control air, soil or water pollution.

Industrial uses #17—Stone cutting. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the AR, GB and HC2 districts to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings. Additionally a special use permit is required to control noise, air, soil or water pollution, erosion and vibration.

Industrial uses #20—Chemical manufacture. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the GB and HC2 districts to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings. Additionally, a special use permit is required to control air, soil or water pollution.

Industrial uses #21—Gravel banks, natural material processing, stone crushing and sorting, mining, quarrying. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the AR, GB and HC2 districts to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings. Additionally, a special use permit is required to control noise, air, soil or water pollution, erosion and vibration.

Prior to a special use permit being granted for the above uses, a soil erosion and sediment control plan shall be approved by the zoning enforcement officer, pursuant to chapter 26. A special use permit for the above uses shall be conditionally granted by the planning board upon subsequent grant of a license by the town council. The license shall be renewed annually by the town council pursuant to section 12-47.

Prior to annual license renewal by the town council, inspection of the premises shall be made by the zoning enforcement officer to determine that the conditions of the special use permit and the soil erosion and sediment control plan are being complied with.

Accessory uses #2—Any use of land or of a structure, or portion thereof, customarily incidental and subordinate to the principal use of the land or structure which is permitted in the district as a special use permit and located on the same lot. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in all districts to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings. Special use permits under this category are approved as special conditions on the special use permit for the primary use.

Medical marijuana uses #2—Licensed cultivator. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the AR district to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings. Additionally a special use permit is required to control odor and soil or water pollution.

Medical marijuana uses #5—Residential cooperative cultivation. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the AR and HC2 districts to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings. Additionally a special use permit is required to control odor and soil or water pollution.

Recreational marijuana uses #1—Cannabis or marijuana cultivator. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the GB and HC2 districts to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings. Additionally a special use permit is required to control odor and soil or water pollution.

Recreational marijuana uses #2—Cannabis establishment or marijuana establishment. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the GB and HC2 districts to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings.

Recreational marijuana uses #3—Cannabis product manufacturer or marijuana product manufacturer. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the GB and HC2 districts to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings.

Recreational marijuana uses #4—Cannabis retailer or marijuana retailer. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the GB and HC2 districts to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings.

Recreational marijuana uses #5—Medical cannabis treatment center or medical marijuana treatment center. This use shall meet the standards for granting as listed in section 38-323. A special use permit is required in the GB and HC2 districts to provide for public safety and to protect neighboring residential properties from any adverse effects which may be caused by this use. The standards of subsection 38-324(d)(2) shall be entered into the record of the proceedings.

(Ord. of 2-8-2024(11))