(A)

Application. An application for a special-use permit listed in the district use table in Section 5 of this ordinance may be made by filing an application form with the required supporting information in the office of the zoning enforcement officer or, if the application is filed concurrently with an application for land development project approval, in the office of the administrative officer. The form is an appendix to this ordinance and is incorporated herein and made a part of this ordinance.

The zoning enforcement officer or the administrative officer has the authority to waive submission of supporting information at the request of the applicant, provided, however, that the zoning board of review or the planning board has the authority to require submission of any information for which submission was initially waived. If the zoning enforcement officer or the administrative officer denies a waiver request, the applicant has the right to appear before the zoning board of review or the planning board to request the waiver.

Upon receipt of the complete application, the zoning enforcement officer or the administrative officer shall immediately schedule a public hearing. If the zoning board of review will hear the application, a copy shall be transmitted to the planning board.

(B)

Planning board recommendations. The zoning board may request that the planning board or the town planner provide a written statement on the general consistency of the application with the goals and purposes of the comprehensive plan within thirty (30) days.

(C)

Notice and hearing. The zoning board shall hold a public hearing on the application in an expeditious manner and shall give notice of the public hearing at least fourteen (14) days prior to the date of the hearing in a newspaper of local circulation in Hopkinton. The notice shall include the applicant's name and address and the street address and plat and lot number of the subject property, and shall describe the relief sought. The notice shall state the date, time, and location of the public hearing. The applicant shall pay the cost of the advertisement. At least fourteen (14) days before the date of the public hearing, the clerk of the zoning board of review shall send notice of the public hearing by first class mail to the applicant and to:

(1)

The owners of property within two hundred (200) feet of the property that is the subject of the application, whether located in Hopkinton or an adjacent town.

(2)

The town council of any town adjacent to Hopkinton, if the subject property is located within two hundred (200) feet of the boundary of that town.

(3)

Any individual or entity holding a recorded conservation or preservation restriction on the property that is the subject of the application.

The applicant shall pay the cost of the postage. At least fourteen (14) days before the date of the public hearing, the notice shall be posted in the town clerk's office, in one (1) other municipal building, and on the home page of the town's website.

(D)

In granting a special-use permit, the zoning board shall be satisfied by legally competent evidence that:

(1)

The proposed use will be compatible with the neighboring uses and will not adversely affect the use and enjoyment of nearby property.

(2)

The proposed use will be constructed or established at a location in the zoning district where it will be consistent with the character and appearance of nearby uses.

(3)

The proposed use will be compatible with the orderly growth and development of the town, and will not harm the environment.

(4)

That all best practices and procedures to minimize the possibility of any adverse effects on neighboring property, the town, and the environment have been considered and will be employed, including but not limited to considerations of soil erosion, water supply protection, septic disposal, wetland protection, and traffic limitation, safety and circulation.

(E)

An applicant may apply for, and be issued, a dimensional variance for a use allowed by special-use permit, provided, however, that a dimensional variance shall not be granted for a solar energy system that is allowed by special use permit. If the special use could not exist without the dimensional variance, the board 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 permit criteria and the dimensional variance evidentiary standards.

(Ch. 134, § 10, 12-19-94; Ch. 181, § 1, 10-18-04; Ch. 279, 4-19-21; Ch. 292, §(Exh. F), 12-4-23)