Randolph City Zoning Code
ARTICLE VIII
Special Permits
§ 200-43 Permit required; conditions.
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.
§ 200-44 Procedure.
[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.
§ 200-45 Authority to issue permits.
[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; 1-27-2025 by Ord. No. 2024-052A]
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:
§ 200-46 Requirements for particular uses/activities.
[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; 1-28-2013 by Ord. No. 2013-001; 4-8-2013 by Ord. No. 2012-028A; 5-6-2013 by Ord. No. 2013-004; 5-6-2013 by Ord. No. 2013-020; 5-6-2013 by Ord. No. 2013-021; 3-12-2018 by Ord. No. 2017-051A; 3-12-2018 by Ord. No. 2018-005; 5-11-2020 by Ord. No. 2020-012; 1-27-2025 by Ord. No. 2024-052A]
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)
(Reserved)
(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.
(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.
[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:
[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:
(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.
(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.
[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;
[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
[15]
Areas where uses are permitted.
[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.
(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.
(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.