Raynham City Zoning Code
ARTICLE 7
Uses by Special Permit
§ 350-7.1 Special permit granting authority.
Certain uses, as provided in this bylaw, shall be allowed only upon issuance of a special permit by the Zoning Board of Appeals or such other special permit granting authority as may be designated by this bylaw.
§ 350-7.2 General requirements for special permits.
A.
Special permits shall only be issued when specific requirements of this bylaw or of MGL c. 40A 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.
B.
If the construction or operation authorized by a special permit has not commenced within six 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 three 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.
[Amended 5-16-2022 ATM by Art. 28]
§ 350-7.3 Public hearing.
No special permit shall be issued except following a public hearing held within 65 days after the filing of the application with the granting authority. Failure of the special permit granting authority to take final action within 90 days following said public hearing shall be deemed a grant of the application.
§ 350-7.4 Specific uses authorized by special permit.
A.
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 bylaw, the Zoning Board of Appeals shall be the designated special permit granting authority.
(1)
Accessory uses necessarily incidental to scientific research or development or related production in any district.
(a)
Uses accessory to and necessarily incidental to scientific research, development, and the related production, whether or not located on the same lot as the principal use they serve. The SPGA must find such use does not substantially derogate from the public good.
(2)
Adult bookstore/adult motion-picture theater/adult paraphernalia store/adult video store/adult club in an Industrial District.
[Amended 11-22-1999 STM]
(a)
Adult bookstores, adult motion-picture theaters, adult paraphernalia stores, adult video stores, and adult clubs may not be located within 1,000 feet of each other and 500 feet of the nearest lot lines of:
(b)
Adult bookstores, 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.
(c)
The application for a special permit must include the following information:
[1]
Names and addresses of the legal owner of the adult bookstore, 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;
[3]
Name and address of the manager;
[4]
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.
(d)
Special permits for adult bookstores/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 MGL c. 119, § 63, nor MGL c. 272, § 28. Any persons listed in Subsection A(2)(c)[2] are subject to this prohibition.
(e)
Special permits for adult bookstores/adult motion-picture theaters/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 MGL c. 40A, § 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 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 permit for construction, if construction has not begun by such date except for good cause.
(g)
Any existing adult bookstore, 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 Bylaw amendment.
(3)
Alteration, change or extension of preexisting nonconforming structures or uses in any district. The 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 100% of the floor area of the existing structure.
(4)
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.
(5)
Any use permitted in the Business District in the Designated Development District on a parcel of not less than four acres and 350 feet of frontage that does not abut Paramount Drive, Commerce Way or Ashley Way, with any such use being subject to Business District dimensional requirements of this bylaw. The Raynham Planning Board shall be the special permit granting authority for this use.
[Added 11-20-2000 STM; amended 5-21-2003 ATM]
(6)
Any use permitted in the Residential B District in the Designated Development District on a parcel of not less than 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 this bylaw. The Raynham Planning Board shall be the special permit granting authority for this use.
[Added 11-20-2000 STM]
(7)
Assisted living facility in the Business District or in the Designated Development District on a parcel of not less than 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 this bylaw. The Raynham Planning Board shall be the special permit granting authority for this use.
[Added 1-20-1998 STM; amended 11-20-2000 STM]
(8)
Automobile dismantling or used parts yard in Industrial District.
(9)
Aviation field in Residential A District.
(10)
Barbed wire or razor wire fencing in any district.
[Added 5-23-2001 ATM]
(11)
Boardinghouse(s) 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 a certificate of occupancy for said boardinghouse(s).
[Added 2-12-1990 STM]
(12)
Boat livery in Residential A District.
(13)
Campgrounds in all districts except Residential A and B.
[Added 2-12-1990 STM]
(14)
Club, private, not for profit in Residential A District.
(15)
Commercial greenhouse in any district when used in connection with a nursery business.
[Added 2-12-1990 STM]
(16)
Convalescent home in Residential A District.
(17)
Drive-through. Any business that has a drive-through window for a part or all of its business in any district. The Raynham Planning Board shall be the special permit granting authority for this use.
[Amended 11-20-2000 STM]
(18)
Dwelling conversion in Residential A District of any existing one-family dwelling into a two-family dwelling where the existing dwelling exceeds 1,750 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.
[Amended 2-12-1990 STM]
(19)
Funeral home in Residential A District, provided that the special permit granting authority specifically addresses the issues of lot size, parking, signage, lighting and hours of operation.
[Added 5-16-1994 ATM]
(20)
Gasoline selling station in Business District. The SPGA shall make written findings relative to the following:
[Amended 2-12-1990 STM]
(a)
The probability of a reasonable public need for the proposed station, supported by evidence, including market data, submitted by the petitioner. 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:
(b)
The proximity of other gasoline selling stations.
(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.
(21)
Golf course in a Residential A District.
(23)
Large-scale ground-mounted photovoltaic installations in Residential A District, Residential B District, Residential C District, Residential D District, Farm and Forest District, and Farm and Forest II District.
[Added 10-29-2012 STM]
(24)
Livestock. More livestock than permitted in § 350-4.1A(4).
[Added 2-12-1990 STM]
(25)
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.
(28)
Place of amusement in Business District.
(29)
Place of assembly in Business District.
(30)
Private garage in any district, size larger than permitted in Residential A, B, C or D.
[Added 2-12-1990 STM; amended 5-20-1996 ATM]
(31)
Public utility structure 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.
[Added 2-12-1990 STM; amended 5-18-1998 ATM]
(32)
Medical marijuana treatment center.
[Added 5-19-2014 ATM; amended 5-16-2022 ATM by Art. 28]
(a)
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.
(b)
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.
(c)
Any medical marijuana treatment center shall comply with 935 CMR 501.000 in its entirety.
(33)
Riding stable in Residential A District.
(34)
Sewage disposal and filtration plant in Business District.
[Added 2-12-1990 STM]
(35)
Signs. From § 350-6.6G(1).
[Added 2-12-1990 STM]
(36)
Used car sales in Industrial District.