The lawful use of any structure or land existing
at the time of any enactment or subsequent amendment of this bylaw
may be continued although such structure or use does not conform with
the provisions of this bylaw, and any building, part of a building
or land which at the time of adoption of this bylaw is being put to
a lawful nonconforming use may be continued subject to the following
provisions:
A.
That the use of premises or the use of a structure
ceases to be continued in nonconforming use or abandoned for the period
of one year.
B.
That once changed to a similar or more restricted
use, it shall not be returned to a less restricted use.
C.
That, in the case of a building damaged by fire, explosion
or other catastrophe, the owner shall apply for a building permit
and start to rebuild on the same location within 12 months after such
catastrophe, and further provided that the building as restored shall
be only as great in volume or area as the original nonconforming structure
and the extent of damage is not more than 75% of the replacement value.
[Amended 6-4-2018 ATM
by Art. 25]
A.
Nonconforming uses other than single- and two-family residential structures. A change or expansion of a nonconforming use and the rebuilding or restoration of a nonconforming structure associated with such use destroyed or damaged to more than 75% of its replacement value may be authorized by special permit on the same premises pursuant to § 500-20 of the bylaw.
B.
Nonconforming single- and two-family residential structures. Nonconforming
single- and two-family residential structures may be reconstructed,
extended or altered as of right following a determination by the Zoning
Enforcement Agent that such reconstruction, extension or alteration
does not increase the nonconforming nature of the structure, and does
not increase the habitable floor area of the structure by more than
25% or the nonhabitable floor area by more than 750 square feet. Cumulative
submissions that exceed these thresholds will not be allowed as of
right, nor will submissions that add to the number of units on the
lot.
(1)
No increase in nonconforming nature. The reconstruction, extension
or alteration of a single-family or two-family residential structure
that is described in any of the following circumstances shall not
be deemed to increase the nonconforming nature of a structure.
(a)
Insufficient lot area: reconstruction, extension or alteration
of a single-family or two-family residential structure that is located
on a lot with insufficient lot area, but that complies with all current
dimensional requirements for front, side and rear yards, building
coverage, floor area and building height, and where said reconstruction,
extension or alteration complies with all current dimensional requirements
for front, side and rear yards, building coverage, floor area and
building height.
(b)
Insufficient lot frontage, lot width or shape factor: reconstruction,
extension or alteration of a single-family or two-family residential
structure that is located on a lot with insufficient frontage, lot
width or shape factor but that complies with all current dimensional
requirements for front, side and rear yards, building coverage, floor
area and building height, and where said reconstruction, extension
or alteration complies with all current dimensional requirements for
front, side and rear yards, building coverage, floor area and building
height.
(c)
Yard encroachment: reconstruction, extension or alteration of
a single-family or two-family residential structure, where the lot
is in zoning compliance but the existing structure has a yard encroachment,
if said reconstruction, extension or alteration does not further encroach
upon one or more nonconforming front, side or rear yards, and still
complies with current dimensional requirements for building coverage,
floor area and building height.
(2)
Increase in nonconforming nature, or increase in habitable floor
area by 25% or more, or increase in nonhabitable floor area by 750
square feet or more. In the event that the Zoning Enforcement Agent
determines that the reconstruction, extension or alteration of a nonconforming
single-family or two-family residential structure increases the nonconforming
nature of the structure, or in the event that such reconstruction,
extension or alteration increases the habitable floor area of the
structure by 25% or more, and the nonhabitable area by 750 square
feet or more, a finding pursuant to MGL c. 40A, § 6, granted
by the Board of Appeals shall be required to allow reconstruction,
extension or alteration. A determination may be granted by the Board
of Appeals only if there is a finding by the Board that the reconstruction,
extension or alteration shall not be substantially more detrimental
to the neighborhood in which the structure is located than the existing
nonconforming use. A finding shall be made using the same procedures
required for the issuance of a special permit.
A.
Flashing or moving parts. Signs consisting of moving of flashing parts, travelling lights or animated type, beacons or flashing devices, whether as a part, attached to, or a part from a sign are prohibited except as authorized by special permit (see § 500-20G).
B.
Illuminated signs. Illumination of signs: All illumination
of signs shall be so arranged as not to be directed towards any portion
of a public way or upon another lot other than that upon which it
is located and shall not cause glare on any portion of a public way
or upon another lot than that upon which it is located.
C.
Signs in residential districts. In Districts RA, RB,
RC and RD, the following signs are permitted:
(1)
One sign for each family residing on the premises
indicating the owner or occupant or pertaining to a permitted accessory
use, provided that no sign shall exceed one square foot in area.
(2)
One sign, not over 15 square feet in area, pertaining
to permitted buildings and uses of the premises other than dwellings
and their accessory uses.
D.
Signs in commercial districts. In Districts CA, CB,
CC and CD, the following signs are permitted:
[Amended 6-2-2014 ATM by Art. 57]
(1)
One sign mounted on the face or roof of the building not to exceed
altogether in area more than 15% of the front wall area of the building
if occupied by a single business or enterprise. Where a building is
occupied by more than one business or enterprise, all signs together
shall not exceed 15% of the front wall area of the building, and each
occupant shall be entitled to erect a sign which, in combination with
all other permitted signs, would exactly total 15% of said front wall
area and would be also proportionate to the amount of square footage
occupied by the occupant in said building, excluding for purposes
of the proportion common hallways and lavs and other common entries
or areas within said building; provided, however, that in no case
shall any sign extend above a flat roof or the elevation of the front
wall by more than 20% of the average height of the front elevation
of said building. The height and size of a sign in the CD District
may exceed the requirements of this section by the issuance of a special
permit from the Planning Board.
(2)
One freestanding sign located within the front yard
area of a building and not exceeding 15% of the front wall area of
the building or 60 square feet, whichever is the smaller, provided
that the building has a minimum setback of 30 feet and the sign is
so located as to be set back 15 feet from the street line and 20 feet
from any side line. Square-footage limitations above expressed relate
to one face or side of the sign. A sign may have two faces, neither
face exceeding the sixty-square-foot limitation above, provided that
inside theater, drive-in or outside theaters and restaurants shall
be governed by the foregoing provisions with the exception that the
square footage limitation shall be 120 square feet.
(3)
Directional signs not to exceed three square feet
in area.
(4)
One window sign for each window of the building not
to exceed in area 20% of the area of any window upon which located.
E.
Signs in industrial districts. In Districts IA and
IB, the following signs are permitted:
(1)
One sign mounted on the face or roof of the main building
not aggregating in area more than 15% of the front wall area of said
building as determined by orientation to the principal trafficway
or street and not extending above a flat roof or the elevation of
the front wall by more than 20% of the average height of the front
elevation of said building.
(2)
One freestanding sign located within the front yard
area of the building and not exceeding in area 15% of the front wall
area of the main building or 60 square feet, whichever is the smaller,
provided said sign is set back a minimum of 20 feet from the street
line and located a minimum of 30 feet from lot lines.
(3)
Unlighted directional signs not to exceed three square
feet in area.
F.
Temporary and portable signs.
(1)
Commercial and industrial zoned areas.
(2)
Temporary (including portable) signs are prohibited
except as hereinafter expressly described.
(3)
Wherever placed, whether by permit or without the
requirement for a permit, all shall: conform to zoning setbacks, show
no moving or flashing lights, and be constructed to withstand strong
winds:
(a)
Town departments, churches and church groups,
public schools, civic and charitable organizations may, without application
for permit, make use of temporary signs.
(b)
Political signs may, without application for
permit, be placed, not to exceed one per candidate per lot, not earlier
than three weeks before an election and not later than three days
after.
(c)
Real estate sign for sale or rental of a building,
space or real estate may be placed without application for permit.
Such signs shall be removed no later than 14 days after final sale,
rental or lease of the property. Said real estate sign shall be limited
to 16 square feet in area.
(d)
A construction sign may be placed, without application
for permit, not to exceed one per lot or project, to identify the
building, owners, contractor, architect, financing source, etc. Such
sign shall be removed within 30 days after occupancy or use of the
facility. Said construction sign shall be limited to 32 square feet
in area.
(e)
Any business establishment may, without application
for permit, paint or display temporary unlighted signs inside windows.
All of which shall not exceed 30% of the window's area for a period
not to exceed 30 days.
(f)
A new business shall be granted, by application for permit by the Building Inspector in accordance with § 500-3, the right to display one temporary sign for a period not to exceed 14 days prior to opening and 30 days after opening. This permit is for one-time use only and is not renewable. Specifications for said sign shall be approved by the Building Inspector.
(g)
Permits with an expiration date of not more
than 60 days for other temporary signs may be granted by the Building
Inspector if he so deems that such signs are not contrary to the best
interests of the Town.
A.
No activity shall be permitted in commercial or industrial
districts unless its operation is conducted such that any noise, vibration
or flashing is not normally perceptible above street noise without
instruments at any point further than the following:
B.
The operation shall be so conducted that all resulting
cinders, dust, fumes, gases, odors, smoke, radiation and electromagnetic
interference is effectively confined to the premises or disposed of
so as to avoid any pollution. Smoke density shall not exceed No. 2
of the Ringelmann Scale for more than 10% of the time and at no time
shall exceed No. 3 on that scale. The activity shall not be detrimental
to the neighboring property by reason of special danger of fire or
explosion.
A.
Any parcel on which a building is constructed shall
contain off-street parking areas of appropriate design to accommodate
the number of vehicles suitable to the permitted use and with proper
provision for egress.
B.
All parking areas shall be shown on the site plan
indicating the layout of the parking area, including access, location
and type of trees and shrubs, proposed lighting and provisions for
stormwater drainage.
C.
Minimum standards.
|
Use
|
Number of Spaces
| |
|---|---|---|
|
Stores, retail business
|
At least 1 space for every 250 square feet of
gross floor space
| |
|
Offices, banks and similar business
|
1 space for each 300 square feet of floor area
| |
|
Motels, hotels, inns and similar uses
|
1.2 spaces for each lodging unit
| |
|
Theaters, funeral homes, and places of assembly
|
1 space for every 3 seats
| |
|
Restaurants and other places serving food or
beverages
|
1 space for every 3 seats
| |
|
Single-family residences
|
2 spaces for each individual dwelling unit
| |
|
Multifamily residences
|
2.5 spaces for each family unit
| |
|
Industrial/manufacturing
|
1 parking space per 1.3 employees per shift,
but not less than 1.3 parking space per 1,000 square feet
| |
|
Warehousing
|
1 parking space per 1.0 employee per shift,
but not less than 0.5 parking space per 1,000 square feet
| |
|
Bowling alleys
|
4 spaces for each alley
| |
|
Boardinghouse
|
1 space for each sleeping room
| |
|
Professional offices used as medical or dental
facilities
|
1 space for each 100 square feet of floor area
| |
|
Other uses
|
All other types of commercial and industrial
uses not specifically mentioned shall provide 1 space for every 250
square feet of gross floor area
|
(1)
Mixed uses. Where more than one use is provided in
a development, the number of required parking spaces shall be calculated
by adding the number of spaces specified above for the proposed area
of each individual use within the development and then reducing the
total number to take into account the degree to which the nature of
the uses will allow the sharing of parking spaces at different times
of day and night by the different users of the structures. This reduction
in total number of spaces shall be at the discretion of the special
permit granting authority or, in cases of site plan review, the Planning
Board.
(2)
Egress. Not more than one entrance and exit shall
be permitted onto a street from any parking area per 200 feet of frontage
or fraction thereof in a commercial district and 300 feet of frontage
or fraction thereof in other districts. Each entrance and exit may
not be more than 30 feet in width.
D.
Handicapped parking. Parking spaces for the exclusive
use of handicapped individuals shall be provided in accordance with
the most recent Rules and Regulations of the Architectural Barriers
Board, specifically Section 7 thereof.
E.
Parking space size. Each parking space shall measure
at least nine feet in width and 18 feet in length.
F.
Landscaping. For all parking lot requiring 10 or more
spaces, landscaped areas shall be provided. Planting beds shall be
at least five feet wide. One tree shall be provided for every 10 spaces
or fraction thereof. Such trees shall be located within the parking
area and shall be at least two inches in trunk diameter. In addition,
two shrubs shall be provided for every parking space. Such shrubs
shall be located within the parking area and shall be at least 1.5
feet in height and two years of growth.
G.
Minimum illumination. The minimum illumination at
any point within a parking lot shall be one to two footcandles as
is recommended in the standards of the Illuminating Electrical Society.
Design adjustments to these standards can be made by the Planning
Board for the consideration of abutters.
Business and industrial activities shall provide
on-site facilities for the loading and unloading of stock, merchandise,
equipment, supplies and other usual business and industrial commodities.
A.
Minimum standards.
|
Use
|
Number of Spaces
| |
|---|---|---|
|
Retail store and service establishment
|
For each retail store or service establishment
with gross floor area of from 5,000 to 8,000 square feet, at least
one berth. Additional berths at the rate of one berth for each additional
8,000 square feet or nearest multiple thereof
| |
|
Office buildings
|
For each office building with gross floor area
of 4,000 square feet or more, at least one berth shall be provided
| |
|
Manufacturing; industrial uses
|
For manufacturing and industrial plants and
similar uses of up to 8,000 square feet, at least one berth shall
be provided. For larger floor areas, additional berths may be required
as conditions to special permits
|
Except as specifically authorized by special permit, home occupations, as defined in Article IV of this bylaw, are permitted subject to the following conditions:
A.
Limitation on area. The occupation or profession shall
be carried on wholly within the principal building or within a building
or other structure accessory thereto, provided that an area no larger
than 25% of the floor area of the residence is used for the purpose
of the home occupation or the professional use.
B.
Non-family employees. Not more than two persons outside
the family shall be employed in the home occupation.
C.
Exterior displays and signs. There shall be no exterior
display, no exterior sign except one sign, identifying the name of
the occupant and the nature of the home occupation, and no exterior
storage of materials and no other exterior indication of the home
occupation, or other variation from the residential character of the
principal building.
D.
Prohibited activities.
(1)
No offensive noise, vibration, smoke, dust, odors,
heat or glare shall be produced.
E.
Permitted activities. A home occupation may include,
but is not limited to, the following: art studio, dressmaker, millinery,
handicraft, musician, professional office of a physician, surgeon,
dentist, lawyer, engineer, architect, landscaping architect, or clergyman,
hairdresser, real estate office, broker of insurance within a dwelling
occupied by the same.
A.
General provisions.
(1)
For the purpose of this bylaw, "earth" shall include
soil, loam, sand, gravel, stone or any other earth material and "removal"
shall include the moving of earth from one location to another location
within the boundaries of a lot or tract of land as well as the moving
of earth off any said lot or tract of land.
(2)
Except as otherwise provided in this bylaw, no earth
shall be moved on or from any parcel of land in any district without
a special permit from the Planning Board.
B.
Exemptions. The removal of earth material in any of
the following operations shall be exempt from the provisions of this
section:
(1)
The removal of earth material for basement and septic
system excavation.
(2)
The removal of earth material, exclusive of basement
and septic excavation, necessary to complete a subdivision proposal,
provided said removal does not exceed 1,000 cubic yards.
(3)
The removal of earth material, exclusive of basement
and septic system excavation, for a single lot development, provided
said material does not exceed 350 cubic yards.
(4)
Removal of earth material from an operating farm,
nursery, golf course, cemetery, or other similar use, to the extent
that such removal is necessary for the operation of the same.
(5)
Removal of earth material by or on behalf of any department
of the Town for or in connection with the construction and maintenance
of public buildings, facilities, street and ways; the construction
and installation of public utilities for or in connection with any
other public purpose which would not require mining operations by
or on behalf of any department of the Town.
C.
Special permits required for subdivisions. Approval
of a preliminary or a definitive plan by the Planning Board under
the Subdivision Control Law[2] shall not be construed as authorizing the removal of earth
from the land included in the subdivision plan, except in accordance
with the provisions of this bylaw. Removal of earth from any such
land shall be allowed only in the same manner as removal from other
parcels of land in the Town.
[2]
Editor's Note: See MGL c. 41, §§ 81K
to 81GG.
D.
Existing operations.
(1)
Existing operations without special permit.
(a)
Any earth removal operation which is being lawfully
conducted on any premises on the effective date of this bylaw without
a special permit from the Planning Board may continue to be conducted
until it is abandoned, but said earth removal operation shall not
be extended. Discontinuance of such operation for more than 12 consecutive
months shall be deemed to constitute abandonment.
(b)
For the purpose of this section, the abandonment
period shall not be broken by temporary operation except when such
operation is for a period at least 60 consecutive days.
(2)
Existing operations under special permit. Any earth
removal operation being conducted under a special permit issued by
the Board of Appeals prior to the effective date of this amendment
may continue until the expiration of said special permit.
E.
Procurement, storage or stockpiling. The procurement,
storage or stockpiling of earth upon private property which is intended
for public sale and use elsewhere and which requires the operation
of mechanical or power equipment in loading or unloading shall fall
within the jurisdiction of this bylaw and shall be governed by its
provisions.
A.
Storage. So called mobile trailers, mobile campers,
boats and boat trailers shall not be stored for a period in excess
of 10 days in any zoning district other than RA, RC, RB or RD. Storage
in authorized districts shall be at a site or location upon the lot
approved by the Building Inspector subject to appeal under MGL c.
40A. Storage in an authorized district shall not be denied. This regulation
intends only to regulate the location or site of storage so as to
be least objectionable to the neighborhood. Under no circumstances
shall any such trailer, camper, boat or boat trailer be stored upon
an undeveloped lot in any zoning district.
B.
Use of mobile home as a dwelling. Except for temporary
occupation for a period not exceeding 12 months by the owner/occupier
of a residence destroyed by fire or natural holocaust. A mobile home
shall not be occupied as a dwelling except as authorized by special
permit and designated in a licensed mobile home park.
C.
Mobile home parks.
[Amended 6-2-2014 ATM by Art. 58]
A.
Purpose of district. The purpose of this Groundwater Protection District
is to:
(1)
Promote the health, safety, and general welfare of the community
by ensuring an adequate quality and quantity of drinking water for
the Town of Plainville;
(2)
Preserve and protect existing and potential sources of drinking water;
(3)
Conserve natural resources in the Town of Plainville; and
(4)
Prevent temporary and permanent contamination of the environment.
B.
Scope of authority. The Groundwater Protection District is an overlay
district superimposed on the zoning districts. This overlay district
shall apply to all new construction, reconstruction, or expansion
of existing buildings and new or expanded uses. Applicable activities
and uses in a portion of one of the underlying zoning districts that
fall within the Groundwater Protection District must additionally
comply with the requirements of this bylaw. Uses prohibited in the
underlying zoning districts shall not be permitted in the Groundwater
Protection District.
C.
AQUIFER
AUTOMOBILE GRAVEYARD
CMR
COMMERCIAL FERTILIZER
DISCHARGE
DRY WELL
GROUNDWATER PROTECTION DISTRICT
HAZARDOUS MATERIAL
HAZARDOUS WASTE
HISTORICAL HIGH GROUNDWATER TABLE ELEVATION
IMPERVIOUS SURFACE
INTERIM WELLHEAD PROTECTION AREA (IWPA)
JUNKYARD
LANDFILL
MASSDEP
MGL
PETROLEUM PRODUCT
NON-SANITARY WASTEWATER
OPEN DUMP
RECHARGE AREAS
SEPTAGE
SLUDGE
TREATMENT WORKS
UTILITY WORKS
VERY SMALL QUANTITY GENERATOR
WASTE OIL RETENTION FACILITY
ZONE II
Definitions.
A geologic formation composed of rock, sand or gravel that
contains significant amounts of potentially recoverable water.
An establishment that is maintained, used, or operated for
storing keeping, buying, or selling wrecked, scrapped, ruined, or
motor vehicle parts as defined in MGL c. 140B, § 1.
Code of Massachusetts Regulations.
Any substance containing one or more recognized plant nutrients
which is used for its plant nutrient content and which is designed
for use, or claimed to have value in promoting plant growth, except
unmanipulated animal and vegetable manures, marl, lime, limestone,
wood ashes, and gypsum, and other products exempted by state regulations.
The accidental or intentional disposal, deposit, injection,
dumping, spilling, leaking, pouring, or placing of toxic or hazardous
material or hazardous waste upon or into any land or water such that
it may enter the surface or ground waters.
A subsurface pit with open-jointed lining or holes through
which stormwater drainage from roofs, basement floors, foundations
or other areas seep into the surrounding soil.
The land area consisting of aquifers and Zone II recharge
areas as identified on a map and adopted pursuant to this bylaw.
Any substance in any form, which because of its quantity,
concentration, or its chemical, corrosive, flammable, reactive, toxic,
infectious or radioactive characteristics, either separately or in
combination with one or more substances, constitutes a present or
potential threat to human health, safety, welfare, or to the environment,
when improperly stored, treated, transported, disposed of, used, or
otherwise managed. Hazardous material includes, without limitation,
synthetic organic chemicals, petroleum products, heavy metals, radioactive
or infectious materials, and all substances defined as toxic or hazardous
under MGL c. 21E. This term shall not include hazardous waste or oil.
A substance or combination of substances, which because of
quantity, concentration, or physical, chemical or infectious characteristics
may cause, or significantly contribute to, an increase in mortality
or an increase in serious irreversible, or incapacitating reversible,
illness or pose a substantial present or potential hazard to human
health, safety, or welfare or to the environment when improperly treated,
stored, transported, used or disposed of, or otherwise managed. This
term shall include all substances identified as hazardous pursuant
to the Hazardous Waste Regulations, 310 CMR 30.000.
A groundwater elevation determined from monitoring wells
and historical water table fluctuation data compiled by the United
States Geological Survey.
Material or structure on, above, or below the ground that
does not allow precipitation or surface water runoff to penetrate
into the soil.
The MassDEP designated protection radius around a public
water well that lacks a Zone II.
An establishment that is maintained, operated, or used for
storing, keeping, buying, or selling junk, or for the maintenance
or operation of an automobile graveyard, as defined in MGL c.140B,
§ 1.
A facility established in accordance with a valid site assignment
for the purposes of disposing solid waste into or on the land, pursuant
to the Solid Waste Regulations, 310 CMR 19.006.
Massachusetts Department of Environmental Protection.
Massachusetts General Law.
Includes, but not limited to, fuel oil; gasoline; diesel;
kerosene; aviation jet fuel; aviation gasoline; lubricating oils;
oily sludge; oil refuse; oil mixed with other wastes; crude oils;
or other liquid hydrocarbons regardless of specific gravity. "Petroleum
product" shall not include liquefied petroleum gas, including, but
not limited to, liquefied natural gas, propane or butane.
Wastewater discharges from industrial and commercial facilities
containing wastes from any activity other than collection of sanitary
sewage, including, but not limited to, activities specified in 310
CMR 15.004(6).
A facility operated or maintained in violation of the Resource
Conservation and Recovery Act, 42 U.S.C. § 4004(a)(b), or
state regulations and criteria for solid waste disposal.
Land areas, such as a Zone II or Interim Wellhead Protection
Area, where precipitation and surface water infiltrates into the ground
to replenish groundwater and aquifers used for public drinking water
supplies.
The liquid, solid, and semi-solid contents of privies, chemical
toilets, cesspools, holding tanks, or other sewage waste receptacles.
This term shall not include any material that is a hazardous waste,
as defined by 310 CMR 30.000.
The solid, semi-solid, and liquid residue that results from
a process of wastewater treatment or drinking water treatment including
wastewater residuals. This term shall not include grit, screening,
or grease and oil which are removed at the headworks of a facility.
Any and all devices, processes and properties, real or personal,
used in the collection, pumping, transmission, storage, treatment,
disposal, recycling, reclamation, or reuse of waterborne pollutants,
but not including any works receiving a hazardous waste from off the
site of the works for the purpose of treatment, storage, or disposal.
Regulated activities providing for public services, including
roads, water, sewer, electricity, gas, telephone, transportation and
their associated maintenance activities. This term shall include the
installation of detention and retention basins for the purpose of
controlling stormwater.
Any public or private entity, other than residential, which
produces less than 27 gallons (100 kilograms) a month of hazardous
waste or waste oil, but not including any acutely hazardous waste
as defined in 310 CMR 30.136.
A waste oil collection facility for automobile service stations,
retail outlets, and marinas which is sheltered and has adequate protection
to contain a spill, seepage, or discharge of petroleum waste products
in accordance with MGL c. 21, § 52A.
The delineated recharge area to a public drinking water well
as approved by MassDEP and defined under the Massachusetts Drinking
Water Regulations, 310 CMR 22.00.
D.
Establishment and delineation of Groundwater Protection District.
(1)
For the purposes of this bylaw, there are hereby established within
the Town of Plainville certain groundwater protection areas consisting
of aquifers or recharge areas. These areas are delineated on a map
entitled "Town of Plainville Map of Groundwater Protection District"
dated March 20, 2014, which is hereby made part of the Groundwater
Protection District Bylaw and is on file in the office of the Town
Clerk.
E.
District boundary disputes.
(1)
If the location of the Groundwater Protection District in relation
to a particular parcel is in doubt, resolution of the boundary dispute
shall be through a special permit application to the special permit
granting authority. Any application for a special permit for this
purpose shall be accompanied by adequate documentation.
(2)
Burden of proof shall be upon the land owner to demonstrate that
the location of the Groundwater Protection District with respect to
a particular parcel(s) of land is uncertain. At the request of the
land owner, the Town may engage a professional engineer, hydrologist,
geologist, or soil scientist to determine more accurately the boundaries
of the Groundwater Protection District with respect to a particular
parcel(s) of land, and may charge the owner for the cost of the investigation.
Changes to the Groundwater Protection District require Town Meeting
approval.
(3)
Where the boundary line of the Groundwater Protection District divides
a lot or parcel, the requirements established by this bylaw shall
apply only to that portion of the lot or parcel that lies within the
Groundwater Protection District.
F.
Permitted uses.
(1)
The following uses are permitted within the Groundwater Protection
District, provided that all necessary permits, orders, or approvals
required by local, state, or federal law are also obtained:
(a)
Conservation of soil, water, plants, and wildlife;
(b)
Outdoor recreation, nature study, boating, fishing, and hunting
where otherwise legally permitted;
(c)
Foot, bicycle and/or horse paths, and bridges;
(d)
Normal operation and maintenance of existing water bodies and
dams, splash boards, and other water control, supply and conservation
devices;
(g)
Farming, gardening, nursery, conservation, forestry, harvesting, and grazing, subject to Subsections G and Section H of this bylaw;
(h)
Construction, maintenance, repair, and enlargement of drinking
water supply related facilities such as, but not limited to, wells,
pipelines, aqueducts, and tunnels; and
G.
Prohibited uses.
(1)
The following land uses and activities are prohibited unless designed
in accordance with the specified performance standards:
(a)
Landfills and open dumps;
(b)
Automobile graveyards and junkyards;
(c)
Landfills receiving only wastewater residuals and/or septage,
including those approved by MassDEP pursuant to MGL c. 21, §§ 26
through 53, MGL c. 111, § 17, and MGL c. 83, §§ 6
and 7;
(d)
Facilities that generate, treat, store, or dispose of hazardous
waste that are subject to MGL c. 21C and 310 CMR 30.000, except for:
[1]
Very small quantity generators as defined under 310 CMR 30.000;
[2]
Household hazardous waste centers and events under 310 CMR 30.390;
[3]
Waste oil retention facilities required by MGL c. 21, § 52A;
[4]
Water remediation treatment works approved by MassDEP for the
treatment of contaminated waters.
(e)
Petroleum, fuel oil, and heating oil bulk stations and terminals,
including, but not limited to, those listed under North American Industry
Classification System (NAICS) Codes 424710 and 454311, except for
liquefied petroleum gas.
(f)
Storage of liquid hazardous materials and/or liquid petroleum
products unless such storage is above ground level and on an impervious
surface and either in container(s) or aboveground tank(s) within a
building; or outdoors in covered container(s) or aboveground tank(s)
in an area that has a containment system designed and operated to
hold either 10% of the total possible storage capacity of all containers
or 110% of the largest container's storage capacity, whichever is
greater. However, these storage requirements shall not apply to the
replacement of existing tanks or systems for the keeping, dispensing
or storing of gasoline, provided the replacement is performed in a
manner consistent with state and local requirements;
(g)
Storage of sludge and septage, unless such storage is in compliance
with 310 CMR 32.30 and 310 CMR 32.31;
(h)
Storage of deicing chemicals unless such storage, including
loading areas, is within a structure designed to prevent the generation
and escape of contaminated runoff or leachate;
(i)
Storage of animal manure unless contained within a structure
designed to prevent the generation and escape of contaminated runoff
or leachate;
(j)
Storage of commercial fertilizers unless such storage is within
a structure designed to prevent the generation and escape of contaminated
runoff or leachate;
(k)
Stockpiling and disposal of snow and ice containing deicing
chemicals brought in from outside the Groundwater Protection District;
(l)
Earth removal, consisting of the removal of soil, loam, sand,
gravel, or any other earth material to within four feet of historical
high groundwater, unless such substances removed are redeposited within
45 days of removal on the site to achieve a final grading greater
than four feet above the historical high water mark, and except for
excavations for the construction of building foundations, the installation
of utility works or wetland restoration work conducted in accordance
with a valid order or condition issued pursuant to MGL c. 131, § 40.
The SPGA shall review information submitted from sources such as monitoring
wells, historical water table fluctuation data compiled by the United
States Geological Survey or other reputable sources acceptable by
the SPGA, and on-site soil analysis conducted by a certified soil
evaluator in conformance with DEP standards in making its determination
as to the historical high groundwater elevation; and
(m)
Treatment or disposal works subject to 314 CMR 5.00, for nonsanitary
wastewater, including those activities listed under 310 CMR 15.004(6),
except for:
(n)
Private sewer treatment (package) plants for residential uses.
H.
Uses and activities requiring a special permit.
(1)
The following uses and activities are permitted only upon the issuance
of a special permit by the special permit granting authority (SPGA)
under such conditions as they may require:
(a)
Enlargement or alteration of existing structures or uses that
do not conform to the Groundwater Protection District;
(b)
Except as prohibited under Subsection G of this bylaw, activities that involve the handling of toxic or hazardous materials in quantities greater than those associated with normal household use and which are permitted in the underlying zoning district;
(c)
Rendering impervious any lot or parcel more than 15% or 2,500
square feet whichever is greater;
I.
Procedures for issuance of special permit.
(1)
The special permit granting authority (SPGA) under this bylaw shall
be the Planning Board. A special permit shall be granted if the SPGA
determines, in conjunction with the Plainville Board of Health, Conservation
Commission, Water/Sewer Commission, Fire Department, Department of
Public Works and Building Inspector, that the intent of this bylaw,
as well as its specific criteria, is met. The SPGA shall not grant
a special permit under this section unless the petitioner's application
materials include, in the SPGA's opinion, sufficiently detailed, definite,
and credible information to support positive findings in relation
to the standards given in this section. The SPGA shall document the
basis for any departures from the recommendations of the other municipal
boards, departments or commissions in its decision.
(2)
Upon receipt of the special permit application, the SPGA shall transmit
one copy to the Plainville Board of Health, Conservation Commission,
Water/Sewer Commission, Fire Department, Department of Public Works
and Building Inspector. Failure to respond, in writing, within 35
days from the date of receipt of the material from the SPGA shall
indicate approval, or no desire to comment. The necessary number of
copies of the application shall be furnished by the applicant.
(3)
The SPGA may grant the required special permit only upon finding that the proposed use meets the criteria set forth in § 500-20C those specified in Subsection G of this bylaw, the following standards, and any regulations or guidelines adopted by the SPGA. The proposed use must:
(a)
In no way, during construction or thereafter, adversely affect
the quality or quantity of the water supplies protected by the Groundwater
Protection District; and
(b)
Be designed to avoid substantial disturbance of the soils, topography,
drainage, vegetation, and other water-related natural characteristics
of the site to be developed such that recharge to groundwater is impaired.
(c)
Be designed to provide stormwater runoff treatment and artificial
recharge that will not degrade water quality, and is provided using
methods demonstrated to be capable of removing contaminants from stormwater
which are consistent with the methods described in MassDEP's Stormwater
Handbook, Vol. I, II and III, as amended. Such standards shall be
required whether or not the proposal requires a permit under the provisions
of the Massachusetts Wetlands Protection Act.
(4)
The SPGA may adopt controls to govern design features of projects.
Such controls shall be consistent with the Town's subdivision regulations.
(5)
The applicant shall file 11 copies of a site plan and attachments.
The site plan shall be drawn at a proper scale as determined by the
SPGA and be stamped by a professional engineer. All additional submittals
shall be prepared by qualified professionals. The site plan and its
attachments shall at a minimum include the following information where
pertinent:
(a)
A complete list of chemicals, pesticides, herbicides, fertilizers,
fuels, and other potentially hazardous materials to be used or stored
on the premises in quantities greater than those associated with normal
household use; and
(b)
For activities using or storing hazardous materials or wastes, a management plan shall be prepared and filed with the Fire Chief and Board of Health. The plan will be consistent with the requirements of Subsection G and shall include:
[1]
Provisions to protect against the discharge of hazardous materials
or wastes to the environment due to spillage, accidental damage, corrosion,
leakage, or vandalism, including spill containment and cleanup procedures;
[2]
Provisions for indoor, secured storage of hazardous materials
or wastes with impervious floor surfaces;
[3]
Evidence of compliance with the Massachusetts Hazardous Waste
Regulations, 310 CMR 30.000; and
[4]
Proposed down-gradient location(s) for groundwater monitoring
well(s), should the SPGA deem the activity a potential groundwater
threat.
(6)
The SPGA shall hold a hearing, in conformity with the provision of
MGL c. 40A, § 9, within 65 days after the filing of the
application. Notice of the public hearing shall be given by publication
and posting and by first-class mailings to "parties of interest" as
defined in MGL c. 40A, § 11. The decision of the SPGA and
any extension, modification, or renewal thereof shall be filed with
the SPGA and Town Clerk within 90 days following the closing of the
public hearing. Failure of the SPGA to act within 90 days shall be
deemed as a granting of the permit.
J.
Enforcement.
(1)
Written notice of any violations of this bylaw shall be given by
the Plainville Zoning Enforcement Officer to the responsible person
as soon as possible after detection of a violation or a continuing
violation. Notice to the assessed owner of the property shall be deemed
notice to the responsible person. Such notice shall specify the requirement
or restriction violated and the nature of the violation, and may also
identify the actions necessary to remove or remedy the violations
and preventive measures required for avoiding future violations and
a schedule of compliance.
(2)
A copy of such notice shall be submitted to the Town Planning Board.
The cost of containment, cleanup, or other action of compliance shall
be borne by the owner/operator of the premises.
K.
Severability.
(1)
If any provision of this bylaw is held invalid by a court of competent
jurisdiction, the remainder of the bylaw shall not be affected thereby.
The invalidity of any section or sections or parts of any section
or sections of this bylaw shall not affect the validity of the remainder
of this bylaw.
[Amended 6-2-2014 ATM by Art. 59]
A.
Purpose and application. For the purpose of protecting groundwaters
and other water resources in the Town of Plainville, there are hereby
established water resource protection regulations as part of the Zoning
Bylaw. These regulations apply throughout the Town. All uses and dimensional
requirements and other provisions of this bylaw applicable to land,
buildings and uses in all zoning districts shall remain in force and
effect, except that where the water resource protection regulations
impose greater or additional restrictions and requirements, such restriction
and requirements shall prevail.
B.
Use regulations. Notwithstanding use regulations for a particular district, the uses listed below are prohibited. Such uses where lawfully existing may be continued but may not be expanded or altered without a special permit from the special permit granting authority (SPGA), which, for the purpose of this section of the Zoning Bylaw, is the Zoning Board of Appeals (see §§ 500-27 and 500-28).
(1)
Outdoor storage of the following substances: salt, snow-melting chemicals,
or hazardous substances such as pesticides, herbicides and water soluble
and volatile chemical compounds. This prohibition shall include, without
limitation, outdoor storage of materials containing or coated with
such chemicals susceptible to being carried into surface water or
groundwater.
(2)
Storage of radioactive waste.
C.
Uses by special permit.
(1)
Except as specified in Article 1 of this bylaw, the following uses will be allowed only upon issuance of a special permit issued by the Planning Board.
(a)
Any use, or expansion of an existing use, that creates 20 or
more parking spaces.
(b)
Any new commercial or industrial building, or combination of
buildings on a single lot, or any combination of addition or additions
to an existing commercial or industrial building or buildings, which
equals or exceeds a footprint area of 10,000 square feet.
(c)
On a lot where the existing footprint of all buildings combined
exceeds 10,000 square feet, any combination of addition or additions
to an existing building or buildings which equals or exceeds a footprint
area of 5,000 square feet.
(d)
Any manufacturing or processing industrial use disposing of
hazardous toxic (as defined by federal and state regulations) solid
waste or hazardous toxic wastewater through an on-site subsurface
disposal system.
(e)
Business or manufacturing use with an impervious area in excess
of one acre.
(f)
Junkyards or salvage yards.
(g)
Landfills and similar waste treatment or disposal facilities.
(h)
Manufacture of pesticides, fertilizers, weedkillers and herbicides.
(i)
Facilities for the storage or treatment of hazardous wastes.
[Added 11-26-2018 STM by Art.
4[1]]
A.
Authority, purpose and intent. These provisions are enacted pursuant
to General Laws, Chapter 40A, Section 5, and pursuant to the Town's
authority under the Home Rule Amendment to the Massachusetts Constitution.
It is recognized that the nature of the substance cultivated, processed,
and/or sold by marijuana establishments may have objectionable operational
characteristics and should be located in such a way as to ensure the
health, safety, and general well-being of Plainville residents, the
general public, patients seeking treatment, and customers seeking
to purchase marijuana for recreational use. The Medical Marijuana
and Marijuana Establishments Bylaw is therefore necessary to advance
these purposes.
B.
Permitted uses. Subject to the provisions of this Zoning Bylaw, Chapter
40A of the Massachusetts General Laws, 105 CMR 725.000, and M.G.L.
Chapter 94G, marijuana establishments will be permitted to provide
medical support, security, and physician oversight that meet or exceed
state regulation as established by the Massachusetts Department of
Health (DPH) and to provide retail sales of marijuana for nonmedical
use in a manner that meets or exceeds state regulations in those zoning
districts where said use is allowed by special permit.
C.
CANNABIS CONTROL COMMISSION (CCC)
CRAFT MARIJUANA CULTIVATOR COOPERATIVE
INDEPENDENT MARIJUANA TESTING LABORATORY
MARIJUANA CULTIVATOR
MARIJUANA ESTABLISHMENT
MARIJUANA PRODUCT MANUFACTURER
MARIJUANA PRODUCTS
MARIJUANA RETAILER (MR)
MEDICAL MARIJUANA TREATMENT CENTER
OFF-SITE MEDICAL MARIJUANA DISPENSARY (OMMD)
REGISTERED MARIJUANA DISPENSARY (RMD)
Definitions. Where not expressly defined in the Plainville Zoning
Bylaws, terms used in this section shall be interpreted as defined
in 935 CMR 500.002, and otherwise by their plain language.
The Massachusetts Cannabis Control Commission established
by M.G.L. c. 10, § 76, or its designee.
A marijuana cultivator comprised of residents of the commonwealth
as a limited liability company or limited liability partnership under
the laws of the commonwealth, or an appropriate business structure
as determined by the Cannabis Control Commission (hereafter, "the
Commission"), and that is licensed to cultivate, obtain, manufacture,
process, package and brand marijuana and marijuana products to deliver
marijuana to marijuana establishments but not to the consumer.
A laboratory that is licensed by the Commission and is: (i)
accredited to the most current version of the International Organization
for Standardization 17025 by a third-party accrediting body that is
a signatory of the International Laboratory Accreditation Accrediting
Cooperation with a mutual recognition arrangement, or that is otherwise
approved by the Commission; (ii) independent financially from any
medical marijuana treatment center or any licensee or marijuana establishment
for which it conducts a test; and (iii) qualified to test marijuana
in compliance with regulations promulgated by the Commission pursuant
to this chapter.
An entity licensed to cultivate, process, and package marijuana,
to deliver marijuana to marijuana establishments, and to transfer
marijuana to other marijuana establishments, but not to consumers.
A marijuana cultivator, independent testing laboratory, marijuana
product manufacturer, marijuana retailer, or any other type of licensed
marijuana-related businesses.
An entity licensed to obtain, manufacture, process, and package
marijuana and marijuana products, to deliver marijuana and marijuana
products to marijuana establishments, and to transfer marijuana and
marijuana products to other marijuana establishments, but not to consumers.
Products that have been manufactured and contain marijuana
or an extract of marijuana, including concentrated forms of marijuana
and products composed of marijuana and other ingredients that are
intended for use or consumption, including without limitation edible
products, beverages, topical products, ointments, oils, and tinctures.
An entity licensed to purchase and deliver marijuana and
marijuana products from marijuana establishments and to deliver, sell,
or otherwise transfer marijuana and marijuana products to marijuana
establishments and to consumers.
Also known as registered marijuana dispensary as defined
by 105 CMR 725.000.
A registered marijuana dispensary that is located off-site
from the cultivation/processing facility (and controlled and operated
by the same registered and approved not-for-profit entity which operates
an affiliated RMD) but which serves only to dispense the processed
marijuana, related supplies and educational materials to registered
qualifying patients or their personal caregivers in accordance with
the provisions of 105 CMR 725.00.
A use operated by a not-for-profit entity registered and
approved by the MA Department of Public Health in accordance with
105 CMR 725.000, and pursuant to all other applicable state laws and
regulations, also to be known as a medical marijuana treatment center,
that acquires, cultivates, possesses, processes (including development
of related products such as food, tinctures, aerosols, oils, or ointments),
transfers, transports, sells, distributes, dispenses, or administers
marijuana, products containing marijuana, related supplies, or educational
materials to registered qualifying patients or their personal caregivers.
A RMD shall explicitly include facilities which cultivate and process
medical marijuana, and which may also dispense and deliver medical
marijuana and related products. The cultivation and processing of
medical marijuana in accordance with these regulations is considered
to be a manufacturing use and is not agriculturally exempt from zoning.
D.
Application requirements. The Planning Board shall be the special permit granting authority. The application requirements and procedures shall be conducted pursuant to § 500-6(B) and § 500-20. All submittal requirements and review standards provided in § 500-6(B) and § 500-20 of this bylaw pertaining to administration, application and submission requirements, fees, powers, hearings and time limits shall met. In addition, no special permit will be granted by the Planning Board for medical marijuana and/or a marijuana establishment unless an application containing the following additional information is submitted and the adequacy of the contents approved:
(1)
The name and address of each owner of the facility/operation;
(2)
Copies of all documentation demonstrating appropriate application
status under state law, or registration or license, issued to the
applicant by the Commonwealth of Massachusetts and any of its agencies
for the facility;
(3)
The applicant shall submit proof that the application to the Cannabis
Control Commission has been deemed complete pursuant to 935 CMR 500.102.
Copies of the complete application, redacted as necessary, shall be
provided as part of the application to the SPGA, and no special permit
application shall be deemed complete until this information is provided.
No special permit shall be granted by the SPGA without the marijuana
establishment first having been issued a provisional license from
the Commission pursuant to 935 CMR 500.D.
(4)
Evidence that the applicant has site control and the right to use
the site for a facility in the form of a deed or valid purchase and
sale agreement, or, in the case of a lease, a notarized statement
from the property owner and a copy of the lease agreement;
(5)
A notarized statement signed by the organization's chief executive
officer and corporate attorney disclosing all of its designated representatives,
including officers and directors, shareholders, partners, members,
managers, directors, officers, or other similarly situated individuals
and entities and their addresses. If any of the above are entities
rather than persons, the applicant must disclose the identity of all
individual persons associated with the entity as set forth above;
(6)
Site plan review as required by § 500-39 may be required by the Planning Board as part of the special permit application;
(7)
In addition to what is normally required in a site plan application pursuant to § 500-39, details showing all exterior proposed security measures for the premises, including lighting, fencing, gates and alarms, etc., which seek to ensure the safety of employees and patrons and to protect the premises from theft or other criminal activity;
(8)
A detailed floor plan of the building that identifies the square
footage available and describes the functional areas of the facility.
(9)
A security plan shall be submitted that details any anticipated burden
on Town public safety personnel from use of the facility. The plan
shall include all security measures for the site and transportation
of marijuana and associated products to and from off-site premises
to ensure the safety of the employees and public, and to protect the
operation from theft or other criminal activity. The plan shall meet
all security requirements of 935 CMR 500.110, and shall be updated
annually, with copies provided to the Plainville Police and Fire Departments
for approval.
(10)
A management plan, including a description of all activities
to occur on site, including all provisions for the delivery of marijuana
and related products to marijuana establishments, OMMDs, RMDs, and
MRs or off-site direct delivery;
(11)
A traffic impact report.
(12)
A resource plan demonstrating best practices utilized for use
of energy, water, waste disposal and other common resources to ensure
that there will be no undue damage to the natural environment.
(13)
A list of waivers, if any, which were requested by the marijuana
establishment and granted by the CCC to any section of the regulations,
935 CMR 500.00.
(14)
The Planning Board may require any additional information it
deems necessary in order to adequately ascertain the health, safety,
infrastructure, environmental or other pertinent impacts of the proposal.
E.
Use regulations. The following regulations shall apply to uses under
this section:
(1)
No marijuana shall be smoked, eaten or otherwise consumed or ingested
on the premises.
(2)
The hours of operation shall be set by the special permit granting
authority, but in no event shall a facility be open to the public,
nor shall any sale or other distribution of marijuana occur upon the
premises or via delivery from the premises, outside of the following
hours:
(3)
Marijuana plants, products, and paraphernalia shall not be visible
from outside the building in which the marijuana establishment or
medical marijuana treatment center is located. No outside storage
is permitted.
(4)
All operations relative to the cultivation, processing, testing,
product manufacturing, retail, or any other type of state licensed
marijuana related business must take place within a fully enclosed
building. No marijuana establishment or medical marijuana treatment
center shall be located in a trailer, storage freight container, motor
vehicle or other similar moveable enclosure.
(5)
No drive-through service shall be permitted.
(6)
All business signage shall be subject to the requirements promulgated by the Massachusetts Cannabis Control Commission, the Massachusetts Department of Public Health, or such other state licensing authority, as the case may be, and the requirements of § 500-29 of this bylaw. No temporary, portable, flag or A-frame signs are permitted. The Planning Board may include additional signage restrictions as a condition of approval.
(7)
No marijuana establishment or medical marijuana treatment center
shall be managed by any person other than the licensee or their assign.
Such licensee or assign shall be on the premises during regular hours
of operation and shall be responsible for all activities within the
licensed business and shall provide emergency contact information
for the Plainville Police and Fire Departments to retain on file.
(8)
The marijuana establishment shall not create a nuisance to abutters
or to the surrounding area, or create any hazard, including, but not
limited to, fire, explosion, fumes, gas, smoke, odors, obnoxious dust,
vapors, offensive noise or vibration, flashes, glare, objectionable
effluent, or electrical interference, which may impair the normal
use and peaceful enjoyment of any property, structure or dwelling
in the area. Violation of this bylaw or the conditions of any special
permit issued hereunder shall entitle the Planning Board to notice
a public hearing to consider the modification, suspension or revocation
of the special permit or any orders or conditions relating thereto.
(9)
Ventilation. All facilities shall be ventilated in such a manner
that:
(a)
No pesticides, insecticides or other chemicals or products used
in the cultivation or processing are dispersed into the outside atmosphere;
and
(b)
No odor from marijuana or its processing can be detected by
a person with an unimpaired and otherwise normal sense of smell at
the exterior of the marijuana establishments, RMD, OMMD facility or
MR or at any adjoining use or property.
F.
Restrictions, prohibitions and conditions.
(1)
The distance under this section is measured in a straight line from
the nearest point of the property line of the protected uses listed
below to the nearest point of the property line of the proposed RMD.
The proposed uses shall not be located within 500 feet of the following:
(a)
A public or private elementary school, middle school, secondary
school, preparatory school, licensed day-care center, or any other
facility in which children commonly congregate in an organized ongoing
formal basis; or
(b)
Property owned by and operated as part of the campus of any
private or public institution of higher learning; or
(c)
A public library; or
(d)
A playground or park (Note: This does not include undeveloped
conservation land);
(e)
Any dwelling unit.
(2)
No RMD, OMMD, or MR shall be located within 500 feet of any other
RMD, OMMD, or MR.
(3)
No marijuana establishment or medical marijuana treatment center
shall be located inside a dwelling, or a building containing a dwelling
unit, or inside any building containing transient housing, including
a hotel, motel or dormitory.
(4)
The proposed use shall not display on-premises signage or other marketing
on the exterior of the building or in any manner visible from the
public way, which, in the opinion of the special permit granting authority,
may promote or encourage the use of marijuana or other drugs by minors.
(5)
The permit holder shall file a copy of any incident report required
under the CCC Regulations with the Board of Selectmen, with copies
to the Zoning Enforcement Officer and the SPGA, within 24 hours of
creation by the marijuana establishment. Such reports may be redacted
as necessary to comply with any and all applicable laws and regulations.
(6)
The permit holder shall file a copy of any summary cease and desist
order, cease and desist order, quarantine order, summary suspension
order, order limiting sales, notice of a hearing, or final action
issued by the CCC or the Division of Administrative Law Appeals, as
applicable, regarding the marijuana establishment with the Board of
Selectmen, with copies to the Zoning Enforcement Officer and the SPGA,
within 48 hours of receipt by the marijuana establishment.
(7)
The permit holder shall provide to the Board of Selectmen, the Zoning
Enforcement Officer, the SPGA, the Police Chief, and the Fire Chief
the name, telephone number and email address of a contact person in
the event that the Police Department, Zoning Enforcement Officer or
other Town official determines it necessary to contact the applicant
after regular business hours. Such contact information shall be kept
updated by the permit holder.
(8)
The special permit shall be limited to the current applicant and
shall become void if the permit holder ceases operating the marijuana
establishment or does not control greater than 50% ownership.
(9)
The special permit shall become void if the CCC refuses to issue
a final license or upon the expiration or termination of the applicant's
CCC license.
(10)
The permit holder shall notify the Board of Selectmen in writing,
with copies to the Zoning Enforcement Officer, the Police Department,
and SPGA, within 48 hours of the cessation of operation of the marijuana
establishment, notice from the CCC of a denial of a final license,
transfer or sale of interest, enforcement action taken by the CCC
or the expiration or termination of the permit holder's CCC license.
(11)
The permit holder shall not operate, and the special permit
will not take effect, until the applicant has entered into a Host
Community Agreement (HCA), specific to the adult use marijuana establishment,
with the Town. The special permit shall become void upon the expiration
or termination of the HCA.
(12)
The applicant/owner agrees to provide the SPGA with any and
all documents related to the marijuana establishment if and when requested
to do so.
G.
Findings. In addition to the findings required under § 500-20 and § 500-39, and all other applicable sections of this bylaw, the special permit granting authority shall find that the proposed use:
(1)
Meets all of the permitting requirements of all applicable agencies
within the Commonwealth of Massachusetts and will as proposed be in
compliance with all applicable state laws and regulations.
(2)
If the proposed use is a Registered Marijuana Dispensary (RMD) or
an Off-Site Medical Marijuana Dispensary (OMMD), complies with 105
CMR 725.000 and approved regulations of the MA Department of Public
Health.
(3)
Is subject to a signed Host Agreement with the Town of Plainville.
(4)
Is designed to minimize any adverse visual or economic impacts on
abutters and other parties in interest.
(5)
Provides a secure waiting area.
(6)
Provides adequate security measures to ensure that no individual
participant will pose a direct threat to the health or safety of other
individuals, and that the storage and/or location of cultivation of
marijuana is adequately secured in enclosed, locked facilities.
(7)
Adequately addresses issues of vehicular and pedestrian traffic,
circulation, parking and queuing, especially during peak periods at
the facility, and adequately mitigates the impacts of vehicular and
pedestrian traffic on neighboring uses.
H.
Transfer/discontinuance of use.
(1)
A special permit granted under this section is nontransferable and
shall have a term limited to the duration of the applicant's ownership
or leasing of the premises as a marijuana establishment, RMD, OMMD,
or MR.
(2)
Any marijuana establishment, RMD, OMMD, or MR permitted under this
section shall be required to remove all material, plants, equipment,
and other paraphernalia in compliance with 105 CMR 725.105 (J) and
(O) prior to the expiration of its DPH Registration, immediately following
revocation or voiding of its DPH Registration, or following the expiration,
revocation or voiding of its license issued by the Commission.
(3)
The special permit shall be valid only for the applicant and shall
become void if the applicant ceases operating the licensed marijuana
establishment for a period of three consecutive months.
(4)
The special permit shall become void if a final license is not issued
by the CCC or upon the expiration or termination of the marijuana
establishment's CCC license.
(5)
All other applicable provisions of the Plainville Zoning Bylaw shall
also apply.
I.
Inspections. The Town and its agents, including representatives from
the Building, Conservation, Health, Planning, Police, and Fire Department,
may conduct unannounced, unscheduled, periodic inspections of the
premises of any marijuana establishment or medical marijuana treatment
center during normal business hours to determine the marijuana establishment's
or medical marijuana treatment center's compliance with the requirements
of state and local laws, regulations, licenses, and permits, including
this section.
J.
Conflicts with state law and regulations. If any provision, paragraph,
sentence, or clause of this bylaw shall be determined to be in conflict
with applicable state law or regulations, the provisions of said state
law or regulations shall prevail.
K.
Severability. If any section or portion of this bylaw is ruled invalid
by a court of competent jurisdiction, such ruling will not affect
the validity of the remainder of this bylaw.
L.
Waivers.
(1)
Waivers from the requirements of this section may be requested in
writing to the Planning Board. A waiver may be granted by the Planning
Board if it determines that:
(2)
The Planning Board may impose any conditions, safeguards and other
limitations on a waiver when it deems it appropriate to protect the
public health, public safety or the environment.
M.
Restriction on number of facilities. The number of recreational marijuana
retailers permissible to be located in the Town shall be limited to
20% of the number of licenses issued within the Town for the retail
sale of alcoholic beverages not to be drunk on the premises where
sold pursuant to MGL c. 138, § 15. In the event that 20%
of said licenses is not a whole number, the limit shall be rounded
up to the nearest whole number. A special permit for a marijuana retailer
shall not be revoked solely because the total number of special permits
issued to marijuana retailers in the Town exceeds the 20% number due
to a reduction in the number of licenses issued within the Town under
MGL, c. 138, § 15.
[1]
Editor's Note: This article also repealed former § 500-38,
Temporary moratorium on recreational marijuana establishments, added
6-5-2017 ATM by Art. 52, as amended.
A.
Purpose. The site plan review process and the issuance
of a development permit are intended to assure the proper design and
construction of the drainage facilities, parking areas, lighting,
loading, waste removal, points of access and egress, signs, sediment
and erosion control, pedestrian access, landscaping and screening
of the abutting landowners.
B.
Applicability.
(1)
Unless
proposed for a single-family or two-family use, all development proposals
are subject to site plan review by the Planning Board if proposing
any of the following:
C.
Administrative procedures. The Planning Board as the
permit authority shall adopt rules relative to the issuance of development
permits and file a copy with the Town Clerk.
D.
Information requirements. The following shall be required
by the applicant for site plan review:
(1)
Locus plan;
(2)
Location of structures within 100 feet of property
lines;
(3)
Existing and proposed buildings, showing setbacks
from property lines;
(4)
Building elevations;
(5)
Existing and proposed contour elevations in two-foot
increments;
(6)
Parking areas, driveways and facilities for pedestrian
movement;
(8)
Utilities and lighting;
(9)
Landscaping, including trees to be removed and retained;
(10)
Loading and unloading facilities;
(11)
Provisions for refuse removal;
(12)
Existing and projected traffic volumes from
the site and effect on the local road network;
(13)
Drainage calculations and soil tests for the
location of the building(s), parking areas and drainage facilities;
(14)
Other information as may be necessary to determine
compliance with the provisions of this bylaw.
(15)
A MassGIS photo must be provided to the Planning
Board along with the indexed reference date stating the date that
the photo was taken. The applicant must then provide to the Planning
Board proof of any new structures over 800 square feet and altered
land over 0.50 acre on lots abutting the development permit from the
time the GIS photo was taken up until the time of submittal. The photo
shall show at a minimum 500 feet beyond the borders of the site or
subdivision and shall be at an approximate scale of one inch equals
200 feet.
E.
Review procedure. After a public hearing notice, of
which shall be given in accordance with the provisions of MGL c. 40A,
§ 11, the Planning Board shall examine the following concerns
in reviewing the site plans of the proposed development:
(1)
Proper drainage of the property;
(2)
Safe access to the development, minimizing the number
and width of curb cuts;
(3)
Acceptance design and layout of ways, street and parking
areas;
(4)
That the projected traffic increases to the local
road(s) is within the capacity of the existing network for both daily
and peak hour volumes;
(5)
Proper lighting design for parking areas and abutters;
(6)
That proposed use(s) will not have a detrimental effect
on the abutting neighborhoods or natural environment;
(7)
Complies with the Plainville Master and Open Space
Plans.
F.
Appeal. The Board of Appeals as established by MGL
c. 40A shall hear and decide appeals in regards to determinations
or decisions made by the Planning Board in the enforcement or administration
of this section.
G.
Completion of improvements. Upon approval by the Planning
Board, the applicant shall prepare two sets of final plans to be endorsed
by the Planning Board within 90 days of approval. One set of the endorsed
plans shall be transmitted to the Inspector of Buildings by the Planning
Board with a copy of its written decision. Said applicant shall complete
all required improvements within one year of plan endorsement. An
extension may be granted at the Board's discretion pending a written
request within 60 days of expiration.
[Amended 6-3-2013 ATM by Art.
39; 6-1-2015 ATM by Art. 60; 11-15-2021 STM by Art. 16]
A.
Purpose. The purposes of the Floodplain District are to:
(1)
Ensure public safety through reducing the threats to life and personal
injury.
(2)
Eliminate new hazards to emergency response officials.
(3)
Prevent the occurrence of public emergencies resulting from water
quality, contamination, and pollution due to flooding.
(4)
Avoid the loss of utility services which if damaged by flooding would
disrupt or shut down the utility network and impact regions of the
community beyond the site of flooding.
(5)
Eliminate costs associated with the response and cleanup of flooding
conditions.
(6)
Reduce damage to public and private property resulting from flooding
waters.
(7)
Protect, preserve and maintain the water table and water recharge
areas within the Town and to preserve present and potential water
supplies for public health and safety.
B.
Floodplain Overlay District. The Floodplain District is herein established
as an overlay district. The district includes all special flood hazard
areas within the Town of Plainville designated as Zone A or AE on
the Norfolk County Flood Insurance Rate Map (FIRM) issued by the Federal
Emergency Management Agency (FEMA) for the administration of the National
Flood Insurance Program. The exact boundaries of the district may
be defined by the 100-year base flood elevations shown on the FIRM,
and further defined by the Norfolk County Flood Insurance Study (FIS)
report, both dated July 6, 2021. The FIRM and FIS report are incorporated
herein by reference and are on file with the Town Clerk and Planning
Board.
C.
Use regulations.
(1)
The floodplain management regulations found in this Floodplain Overlay
District section shall take precedence over any less restrictive conflicting
local laws, ordinances or codes.
(2)
No structure or land shall hereafter be constructed, located, extended,
converted or altered without full compliance with the terms listed
below and other applicable regulations.
(a)
780 CMR of the Massachusetts State Building Code, which addresses
floodplain areas.
(b)
310 CMR 10.00, Wetlands Protection, Department of Environmental
Protection (DEP).
(c)
310 CMR 13.00, Inland Wetlands Restriction, DEP.
(d)
310 CMR 15.00, Title 5, minimum requirements for the subsurface
disposal of sanitary sewage, DEP.
(e)
Any variances from the provisions and requirements of the above-referenced
state regulations may only be granted in accordance with the required
variance procedures of these regulations.
D.
Permits and administrative procedure.
(1)
The Town of Plainville requires a development permit for all proposed
construction, or other development in the Floodplain Overlay District,
including new construction or changes to existing buildings, placement
of manufactured homes, placement of agricultural facilities, fences,
sheds, storage facilities or drilling, mining, paving and any other
development that might increase flooding or adversely impact flood
risks to other properties.
(2)
The Planning Board, as the permit authority, may adopt rules relative
to the issuance of development permits and file a copy with the Town
Clerk.
(3)
All local, state and federal permits that will be necessary in order
to carry out the proposed development in the Floodplain Overlay District
must be acquired by the applicant, who must submit a completed checklist
demonstrating that all necessary permits have been acquired.
E.
Information requirements. Application for a development permit shall
be made on forms furnished by the Planning Board and may include,
but not be limited to, plans drawn to scale showing the nature, location,
dimensions and elevations of the area in question; existing or proposed
structures, fill, storage of materials, drainage and location. Specifically
required:
(1)
Locus plan;
(2)
Existing and proposed buildings;
(3)
Elevation in relation to mean sea level of the lowest floor (including
basement or cellar) of all structures;
(4)
Elevation in relation to mean sea level to which any structure has
been floodproofed;
(5)
Certification by a registered professional engineer or architect
that the floodproofing methods for any nonresidential structure meet
the floodproofing criteria in this article;
(6)
Description of the extent to which any watercourse will be altered
or relocated as a result of proposed development; and
(7)
Plans for any walls to be used to enclose space below the base flood
level.
F.
Review procedure. At a properly posted Planning Board meeting, the
Board shall examine and review the permit application to ensure the
following concerns have been addressed:
(1)
Within the floodway no encroachments (including fill, new construction,
substantial improvements to existing structures, or other development)
shall be allowed unless it is demonstrated by the applicant that the
proposed development as a result of compensating actions will not
result in any increase in flood levels within the Town during the
occurrence of a 100-year flood in accordance with the Federal Emergency
Management Agency's regulations for the National Flood Insurance Program.
(2)
Any encroachment in the floodway meeting the above standard must
also comply with the floodplain requirements of the State Building
Code.
(3)
The proposed use will not create increased flood hazards which shall
be detrimental to the public health, safety and welfare.
(4)
The proposed use will comply in all respects to the provisions of
the underlying district or districts within which the land is located.
(5)
The proposed use is in compliance with all applicable state and federal
laws, including the Massachusetts Building Code and the Massachusetts
Wetlands Protection Act (MGL c. 131, § 40).
(6)
Unnumbered A Zones. In A Zones, in the absence of FEMA BFE data and
floodway data, the Building Department will obtain, review and reasonably
utilize base flood elevation and floodway data available from a federal,
state, or other source as criteria for requiring new construction,
substantial improvements, or other development in Zone A as the basis
for elevating residential structures to or above base flood level,
for floodproofing or elevating nonresidential structures to or above
base flood level, and for prohibiting encroachments in floodways.
(7)
Floodway encroachment.
(a)
In Zones A, A1-30, and AE, along watercourses that have not
had a regulatory floodway designated, the best available federal,
state, local, or other floodway data shall be used to prohibit encroachments
in floodways which would result in any increase in flood levels within
the community during the occurrence of the base flood discharge.
(b)
In Zones A1-30 and AE, along watercourses that have a regulatory
floodway designated on the Town's FIRM, encroachments are prohibited
in the regulatory floodway which would result in any increase in flood
levels within the community during the occurrence of the base flood
discharge.
(8)
When proposing subdivisions or other developments greater than 50
lots or five acres (whichever is less), the proponent must provide
technical data to determine base flood elevations for each developable
parcel shown on the design plans.
(9)
Watercourse alterations. In a riverine situation, the Planning Board
shall notify the following of any alteration or relocation of a watercourse:
(a)
Adjacent communities, especially upstream and downstream.
(b)
Bordering states, if affected.
(c)
NFIP State Coordinator.
Massachusetts Department of Conservation and Recreation.
251 Causeway Street, Suite 600-700
Boston, MA 02114-2104
(d)
NFIP Program Specialist.
Federal Emergency Management Agency, Region I
99 High Street, 6th Floor
Boston, MA 02110
(10)
All subdivision proposals, or other development proposals in
the Floodplain Overlay District, shall be designed to assure that:
(11)
Within Zones AO and AH on the FIRM, adequate drainage paths
must be provided around structures on slopes, to guide floodwaters
around and away from proposed structures.
(12)
Recreational vehicles. In A1-30, AH, AE Zones, all recreational
vehicles to be placed on a site must be elevated and anchored in accordance
with the zone's regulations for foundation and elevation requirements,
or be on the site for less than 180 consecutive days, or be fully
licensed and highway ready.
G.
Appeal. The Board of Appeals, as established by MGL c. 40A, shall
hear and decide appeals in regards to determinations or decisions
made by the Planning Board in the enforcement or administration of
this section.
H.
Disclaimer of liability. The degree of flood protection required
by this bylaw is considered reasonable, but does not imply total flood
protection.
I.
Severability. If any section, provision or portion of this bylaw
is deemed to be unconstitutional or invalid by a court, the remainder
of the ordinance shall be effective.
J.
Designation of Community Floodplain Administrator. The Town of Plainville
hereby designates the position of Conservation Agent to be the official
Floodplain Administrator for the Town.
K.
Requirement to submit new technical data. If the Town acquires data
that changes the base flood elevation in the FEMA mapped special flood
hazard areas, the Town will, within six months, notify FEMA of these
changes by submitting the technical or scientific data that supports
the change(s). Notification shall be submitted to:
FEMA Region I Risk Analysis Branch Chief
99 High Street, 6th floor, Boston, MA 02110
and copy of notification to:
Massachusetts NFIP State Coordinator.
MA Dept. of Conservation & Recreation, 251 Causeway Street,
Boston, MA 02114
L.
Variances.
(1)
Variances to Building Code floodplain standards.
(a)
The Town will request from the State Building Code Appeals Board
a written and/or audible copy of the portion of the hearing related
to the variance, and will maintain this record in the community's
files.
(b)
Variances granted by the State Building Code Appeals Board under
the State Building Code must also be independently approved by the
Planning Board as part of its review of a project under this bylaw.
(2)
Variances to local Zoning Bylaws related to community compliance
with the National Flood Insurance Program (NFIP). A variance from
these floodplain bylaws must meet the requirements set out by state
law, and may only be granted if:
(a)
There is good and sufficient cause;
(b)
A determination is made that there is good and sufficient cause
for the granting of the variance, and that failure to grant the variance
would result in exceptional non-financial hardship to the applicant;
(c)
The variance will not result in additional threats to public
safety, extraordinary public expense, or fraud or victimization of
the public;
(d)
The variance shall not conflict with existing local bylaws and/or
regulations; and
(e)
The variance is the minimum action necessary to afford relief.
(3)
The Town shall issue a letter to the property owner regarding potential
impacts to the annual premiums for the flood insurance policy covering
that property, in writing over the signature of a community official
that:
(4)
The Town shall maintain a record of all variance actions for the
referenced project. The documentation shall include the variance request;
determinations made by the entity granting the request that the three
criterion listed above have been met; a copy of the letter to the
property owner regarding possible insurance premium impacts; and that
all appropriate flood protection and hazard mitigation measures were
taken where applicable and possible.
M.
DEVELOPMENT
FLOODWAY
FUNCTIONALLY DEPENDENT USE
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
(1)
(2)
(3)
(4)
NEW CONSTRUCTION
RECREATIONAL VEHICLE
(1)
(2)
(3)
(4)
REGULATORY FLOODWAY
SPECIAL FLOOD HAZARD AREA
START OF CONSTRUCTION
STRUCTURE
SUBSTANTIAL REPAIR OF A FOUNDATION
VARIANCE
VIOLATION
ZONES, FLOOD
(1)
(2)
(3)
(4)
(5)
(6)
Definitions.
Any man-made change to improved or unimproved real estate,
including but not limited to building or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations
or storage of equipment or materials. [US Code of Federal Regulations,
Title 44, Part 59]
The channel of the river, creek or other watercourse and
the adjacent land areas that must be reserved in order to discharge
the base flood without cumulatively increasing the water surface elevation
more than a designated height. [Base Code, Chapter 2, Section 202]
A use which cannot perform its intended purpose unless it
is located or carried out in close proximity to water. The term includes
only docking facilities, port facilities that are necessary for the
loading and unloading of cargo or passengers, and ship building and
ship repair facilities, but does not include long-term storage or
related manufacturing facilities. [US Code of Federal Regulations,
Title 44, Part 59, also, Referenced Standard ASCE 24-14]
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure. [US Code
of Federal Regulations, Title 44, Part 59]
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
Structures for which the start of construction commenced
on or after the effective date of the first floodplain management
code, regulation, ordinance, or standard adopted by the authority
having jurisdiction, including any subsequent improvements to such
structures. New construction includes work determined to be substantial
improvement. [Referenced Standard ASCE 24-14]
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the largest
horizontal projection;
Designed to be self-propelled or permanently towable by a light-duty
truck; and
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
|
US Code of Federal Regulations, Title 44, Part 59]
|
See "floodway."
The land area subject to flood hazards and shown on a Flood
Insurance Rate Map or other flood hazard map as Zone A, AE, A1-30,
A99, AR, AO, AH, V, VO, VE or V1-30. [Base Code, Chapter 2, Section
202]
The date of issuance for new construction and substantial
improvements to existing structures, provided the actual start of
construction, repair, reconstruction, rehabilitation, addition, placement
or other improvement is within 180 days after the date of issuance.
The actual start of construction means the first placement of permanent
construction of a building (including a manufactured home) on a site,
such as the pouring of a slab or footings, installation of pilings
or construction of columns. Permanent construction does not include
land preparation (such as clearing, excavation, grading or filling),
the installation of streets or walkways, excavation for a basement,
footings, piers or foundations, the erection of temporary forms or
the installation of accessory buildings such as garages or sheds not
occupied as dwelling units or not part of the main building. For a
substantial improvement, the actual "start of construction" means
the first alteration of any wall, ceiling, floor or other structural
part of a building, whether or not that alteration affects the external
dimensions of the building. [Base Code, Chapter 2, Section 202]
Means, for floodplain management purposes, a walled and roofed
building, including a gas or liquid storage tank, that is principally
above ground, as well as a manufactured home. [US Code of Federal
Regulations, Title 44, Part 59]
When work to repair or replace a foundation results in the
repair or replacement of a portion of the foundation with a perimeter
along the base of the foundation that equals or exceeds 50% of the
perimeter of the base of the foundation measured in linear feet, or
repair or replacement of 50% of the piles, columns or piers of a pile,
column or pier supported foundation, the Building Official shall determine
it to be substantial repair of a foundation. Applications determined
by the Building Official to constitute substantial repair of a foundation
shall require all existing portions of the entire building or structure
to meet the requirements of 780 CMR. [As amended by MA in 9th Edition
BC].
A grant of relief by a community from the terms of a floodplain
management regulation. [US Code of Federal Regulations, Title 44,
Part 59]
The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
§ 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or
(e)(5) is presumed to be in violation until such time as that documentation
is provided. [US Code of Federal Regulations, Title 44, Part 59]
ZONE AAn area of special flood hazard without water surface elevations determined.
ZONE A1-30 AND ZONE AEArea of special flood hazard with water surface elevations determined.
ZONE AHAreas of special flood hazards having shallow water depths and/or unpredictable flow paths between one foot and three feet, and with water surface elevations determined.
ZONE AOArea of special flood hazards having shallow water depths and/or unpredictable flow paths between one foot and three feet. (Velocity flow may be evident; such flooding is characterized by ponding or sheet flow.)
ZONE A99Area of special flood hazard where enough progress has been made on a protective system, such as dikes, dams, and levees, to consider it complete for insurance rating purposes. (Flood elevations may not be determined.)
ZONES B, C, AND XAreas of minimal or moderate flood hazards or areas of future-conditions flood hazard.
A.
Purpose. The purpose of the Commercial Interchange
(CI) District is to enhance the welfare of the community by promoting
stable and sustainable economic development of appropriate land areas
which are valuable to the local economy, while preserving the health
and safety of its residents, and to provide protection for the Town's
natural resources from environmentally undesirable or adverse impact
by encouraging innovative and efficient planning for commercial developments.
B.
Applicability. All uses and developments located within the Commercial Interchange (CI) District must conform with the provisions of this § 500-41. Proposed developments in the CI District are not required to obtain the special permits described in § 500-37, Water resource protection; § 500-38, Watershed Protection District; § 500-40, Floodplain; § 500-21, Earth removal, and § 500-34, Earth removal regulations. However, where they are applicable, the purpose and use regulations of those sections shall be met by proposed CI developments, and the review procedures shall be incorporated by the Planning Board into its review of CI proposals.
C.
Use regulations.
(1)
Permitted uses. The following uses are permitted as
of right in the CI District:
(a)
Agriculture, horticulture, floriculture, viticulture.
(b)
The sale of produce, wine and dairy products,
provided that, during the months of June, July, August and September
of every year, the majority of such products for sale (based on either
gross sales dollars or volume) have been produced by the owner of
the land on which the facility is located.
(2)
Special permit uses. The following uses are permitted
in the CI District, subject to the issuance of a special permit from
the Planning Board:
(a)
Child-care/day-care center.
(b)
Animal kennel or hospital.
(c)
Retail business.
(d)
Wholesale business.
(e)
Business offices.
(f)
Restaurant (indoor).
(g)
Municipal use.
(h)
Religious use.
(i)
Commercial recreation.
(j)
Golf course.
(k)
Hotel or motel.
(l)
Conference center.
(m)
Medical facilities.
(n)
Uses accessory to items (a) to (m) above.
(o)
Uses accessory to agriculture, horticulture,
floriculture or viticulture, provided that such activities are necessary
in connection with scientific research or scientific development or
related production.
(p)
Public utility.
[Added 6-1-2015 ATM by Art. 62]
(3)
Prohibited uses. All other uses are not permitted
in the CI District.
(4)
Intensity of use. Developments within the CI District
shall conform with the following area, intensity and dimensional requirements:
(a)
(b)
Minimum yard requirements.
[1]
Front yard: 90 feet.
[2]
Side yard: 15 feet.
[3]
Rear yard: 25 feet.
|
NOTE: Where the CI District abuts residential
zones or existing residential uses, the minimum yard depth shall be
100 feet. At least 75% of side and rear yards shall be landscaped
or left in a natural vegetated state. No impervious area other than
access driveways from the road shall be located within 90 feet of
residential zones or existing residential uses.
|
[4]
Notwithstanding the provisions of this Subsection C(4)(b), there shall be no minimum yard requirements for a lot used for public utility purposes as a primary use; provided, however, that all exterior property lines of such lot are not less than 350 feet from the closest exterior property line of any lot with a dwelling on it, or any lot that is zoned residential.
[Added 6-1-2015 ATM by Art. 62]
(c)
Maximum impervious coverage. No more than 70%
of a lot (or lots in an integrated development) shall be rendered
impervious. The Planning Board may allow an increase to this standard
upon reaching a finding that achieving this standard would be too
restrictive given the unique circumstances of the applicant.
(d)
Minimum landscaped open space. A recommended
standard of 30% of the lot (or lots in an integrated development)
shall be landscaped open space. The Planning Board may allow a reduction
of this standard upon reaching a finding that achieving this standard
would be excessive given the unique circumstances of the applicant.
This shall include all landscape plans shall be prepared by a Massachusetts-registered
landscape architect. A minimum fifty-foot-deep landscaped buffer strip
must be provided adjacent to any road.
(e)
Maximum building height. Maximum building height
in the CI District is 50 feet.
D.
General regulations and standards. Developments in the CI District shall comply with all applicable regulations of § 500-29, Sign regulations; § 500-30, Specific standards in commercial and industrial districts, and § 500-31, Parking requirements, unless otherwise specified within this § 500-41.
(1)
Sewerage. All developments in the CI District must
be connected to a municipal sewerage system unless the Planning Board,
in conjunction with the findings of the Water/Sewer Department and
Board of Health, finds that this requirement is excessive given the
unique circumstances of the applicant and the proposed wastewater
treatment technology is warranted. The primary responsibility for
such connection shall be borne by the developer(s).
(2)
Water supply. Potable water of quality and quantity
acceptable to the Board of Health and Fire Chief for all proposed
uses and fire protection must be provided. Water supply system design
should be completed in accordance with the distribution model referenced
in the Town's Water Master Plan prepared by Dufresne-Henry in July
1997.
(3)
Drainage. Developments in the CI District must comply
with all applicable drainage standards of the Rules and Regulations
Governing the Subdivision of Land[1] in Plainville, Massachusetts, subject to the waiver provisions
contained therein, as well as DEP Stormwater Management Standards,
including the preparation of a stormwater management plan and, prior
to construction, a stormwater pollution prevention plan (SWPP).
(4)
Traffic. Developments in the CI District must comply
with all applicable traffic standards of the Rules and Regulations
Governing the Subdivision of Land in Plainville, including the preparation
of a traffic impact assessment.
(5)
Parking lots and loading areas.
(a)
All parking shall be provided and wholly located within the CI District and shall comply with the minimum standards set forth in § 500-31.
(b)
At least 10% of the total number of parking
spaces provided shall be a minimum of 10 feet wide and 20 feet long
and shall be located within 300 feet of the building to be served.
Such spaces shall be in addition to any handicapped parking spaces.
(c)
Aisles in parking lots shall be a minimum of
24 feet wide. Aisles adjacent to or nearest buildings or servicing
loading areas shall be at least 30 feet wide.
(d)
Loading areas shall be designed and constructed
so as to allow reasonable maneuvering by large vehicles without danger
of vehicles overrunning curbs or striking site features. All designs
shall be based on the most recent AASHTO vehicle-turning radii/patterns
for the largest vehicle that would reasonably be expected to service
the facility.
(e)
Landscaping shall, at a minimum, be in accordance with § 500-31F. The Planning Board may require reasonable and proper landscaping in any development that will be harmonious with the nature and extent of the proposed project and its surroundings.
(f)
All loading areas shall be screened from the
remainder of the development to the maximum extent practicable.
(g)
All dumpster, compactor or other refuse collection
areas, pallet yards or similar features shall be effectively screened
by a fence around the perimeter of the area with a lockable gate,
or other screening deemed suitable by the Planning Board.
(6)
Hazards. Any areas deemed hazardous by the Board or
the Fire Chief shall be protected in a manner reasonably acceptable
to the Board, based on the degree of hazard. The ultimate liability
for any hazardous area, whether or not addressed by the Board, is
the responsibility of the applicant or owner.
(7)
Water resource protection. The outdoor storage of
salt, snow-melting chemicals, pesticides, herbicides, water-soluble
chemicals, heavy metals, radioactive substances or volatile chemical
compounds is prohibited in the CI District. Where applicable, the
Wetlands Protection Act and Rivers Protection Act shall prevail.
(8)
Signage. Signage for the CI District shall conform to the applicable regulations of § 500-29A, Flashing or moving parts, and § 500-29B, Illuminated signs. Signs within the CI District shall further conform to the regulations of § 500-29D, Signs in commercial districts, with the following exceptions: More than one sign per building shall be permitted and/or any freestanding signs may exceed height and area regulations and/or directional signs may exceed three square feet in size, subject to approval by the Planning Board.
E.
Administrative procedures.
(1)
Applications. The Planning Board shall develop an
application form for applications submitted pursuant to this section
and a request form for the presubmission conferences.
(2)
Presubmission conference.
(a)
Prior to filing an application for a special
permit for a development in the CI District, the applicant shall request,
in writing, a presubmission conference with the Planning Board. The
Planning Board shall conduct such a conference within 45 days of its
receipt of such a request. Copies of the preliminary site development
plan shall be forwarded to boards and officials, including but not
limited to: Board of Health, Conservation Commission, Fire Department,
Police Department, Board of Selectmen, Industrial Development Commission,
Building Inspector, Water and Sewer Department, Town Clerk, Highway
Department and Assessor's Department.
(b)
At the presubmission conference, the Planning
Board shall discuss the plan with the applicant and shall forward
any comments raised by the Planning Board promptly to the applicant.
In addition, the Planning Board shall determine at the presubmission
conference the scope of the development impact statement (DIS) for
the project. Any comments and the DIS scope shall be provided in writing.
(3)
Special permit. Each application for a special permit
shall be filed by the applicant with the Town Clerk, and a copy of
said application, including the date and time of filing certified
by the Town Clerk, shall be filed forthwith by the applicant with
the Planning Board. Special permit applications shall include a development
impact statement for the proposed project.
(4)
Final as-built plans. An as-built plan or plans showing
the project as actually constructed (with respect to buildings, parking
areas, utilities, and major site features) shall be submitted to the
Planning Board, Board of Water and Sewer Commissioners, Highway Department
and Board of Assessors and Fire Department upon completion of the
project. As-built plans should be prepared generally in conformance
with the as-built plan requirement for subdivisions as prescribed
by the Town of Plainville Subdivision Rules and Regulations.[2]
(5)
Project segmentation. All CI District applications
shall depict all development contemplated unless the project is to
be phased and the applicant's intent to phase the project submitted
under this section is clearly and unambiguously represented to the
Planning Board. The dividing of projects submitted under this section
into segments in order to circumvent provisions of this section is
hereby prohibited.
F.
Information requirements.
(1)
Presubmission conference. A preliminary site development
plan shall accompany the request for a presubmission conference. The
plan shall include, generally, existing topography and site features;
the location of all proposed structures; parking and loading areas;
access roadways; sanitary facilities; stormwater management facilities;
and off-site traffic mitigation measures. The preliminary site development
plan or plans shall be accompanied by a brief narrative generally
conforming to the format of the environmental notification form (ENF)
required under the Massachusetts Environmental Policy Act (301 CMR
11.00). If it is expected that the proposed project will require the
preparation of an ENF, a draft copy of the ENF shall be submitted.
(2)
Special permit application. Plans accompanying an application for a special permit in the CI District shall comply with the requirements of § 500-39D. Applicants shall submit 15 copies of a completed application form signed by the applicant or the applicant's authorized representative, 15 sets of plans, six copies of the development impact statement (if required), and six copies of the ENF (if required) to be distributed to and reviewed by the following Town agencies, including but not limited to: Board of Health, Conservation Commission, Fire Department, Police Department, Board of Selectmen, Industrial Development Commission and Building Inspector, Water and Sewer Department, Town Clerk, Highway Department and Assessor's Department.
(3)
Development impact statement (DIS). The DIS shall
comply with the scope that is formulated at the presubmission conference.
Items that may be addressed by the DIS include, but are not limited
to: effects on stormwater runoff flows, erosion and sediment control
plans, method of recycling water into the ground, the maintenance
and improvement of the flow and quality of surface and subsurface
water; the preservation of wildlife habitat, historic sites, unique
geological, botanical and archaeological features, physical condition
of the site and surrounding area and access to open space areas; public
utilities, the local business economy and municipal finances; and
the health and safety of the inhabitants of the area. The Planning
Board will specify the depth and level of DIS analysis for each proposed
development that is commensurate with the magnitude of the project;
however, the following sections describe typical information that
may be required.
(a)
Physical conditions:
[1]
Description of existing, physical conditions
of the site, including topography, location and varieties of vegetation
and geologic type, scenic and historical features, open space links,
and indigenous wildlife.
[2]
Description of how project will affect above
features.
[3]
A complete description of the project including
its effect on the surrounding area and watershed.
[4]
Impact of proposed development on air quality,
traffic and noise levels.
(b)
Surface water and erosion control:
[1]
Description of location, size and type of existing
water bodies, wetlands and floodplains, including existing surface
drainage characteristics both within and adjacent to the project.
[2]
Applicant shall submit stormwater management
system design calculations and pollutant loading analyses as required
by the current Board of Health Regulations and Plainville Subdivision
Regulations.[3] Pollutant loadings resulting from the project shall analyze
phosphorus, nitrate, BOD and suspended solids in ppm compared with
acceptable state standards, to assist in analysis of project's impact
on water quality.
[3]
Applicant shall submit copies of the erosion
control plans for the project which shall delineate both temporary
(construction) and permanent erosion control methods to be used. Construction
measures must be planned in accordance with the requirements of the
applicable National Pollutant Discharge Elimination System permit
requirements for discharges associated with construction activities
for all sites with disturbed areas in excess of five acres. For sites
with disturbed areas less than five acres and for permanent erosion
controls, the plan shall embody the methodologies described in DEP
Soil Erosion and Sedimentation Guidelines.
[4]
Describe approximate size and location of land
to be cleared at any given time and length of time of exposure, covering
of soil stockpiles and other control methods.
[5]
Describe and evaluate the permanent methods
to be used to control erosion and sedimentation. Criteria to include
in a descriptive analysis are:
[a]
Calculate amount of anticipated
soil loss on site due to erosion; use of SCS universal soil loss equation
shall be employed.
[b]
Designate any existing or proposed
areas subject to flooding.
[c]
Proposed surface drainage system(s).
[d]
Methods to be used to protect existing
vegetation.
[e]
The relationship of the development
to the topography, including techniques to control runoff.
[f]
Any proposed alterations of shore
lines, marshes or seasonal wet areas.
[g]
Any existing or proposed flood
control or drainage easements.
[h]
Estimated increase of peak runoff
caused by altered surface conditions, and methods to be used to return
water to the subsurface.
[i]
Effects on surface water quality.
(c)
Groundwater and soil conditions:
[1]
Where appropriate, the Planning Board may require
soil surveys to establish the suitability of the land for proposed
storm drainage installations and building foundation stability. In
preparing the statement, the applicant shall utilize the Soil Survey
Maps and Manual prepared by the Soil Conservation Service, U. S. Department
of Agriculture, or industry-recognized in-situ investigative methods.
[2]
Describe any limitations on the proposed project
resulting from subsurface soil and water conditions, including methods
to overcome limitations.
[3]
Describe approximate depth to bedrock and groundwater
table based on reference to surficial geology maps or through test
borings.
[4]
Describe procedures and findings of percolation
tests conducted on the site.
[5]
Describe any proposed environmental remediation
planned for the site resulting from the need to remove EPA- or state-listed
hazardous materials present on the site.
(d)
Human environment:
[1]
Provide a tabulation of proposed buildings by
use, construction type, minimum lot area (number of bedrooms, floor
area), ground coverage, and a summary showing the percentage of the
tract to be occupied by buildings and parking and remaining open space.
[2]
Describe type of construction, building materials
used, location of common areas, location and type of service facilities
(e.g., laundry, trash, garbage disposal).
[3]
Description of location, size and type of active
and passive recreational facilities and open space available to residents.
[4]
Describe proximity to transportation facilities,
shopping areas and educational centers.
(e)
Services impacts:
[1]
Provide data estimating local roadway network
impacts due to projected traffic flow at peak hours, include projected
vehicle trip generation, roadway volumes, intersection level of service
changes and capacity estimations on connecting streets.
[2]
Determine safety impact the development will
have on connecting arterial streets; accident trends and rates are
to be calculated.
[3]
Show the location of parking areas, circulation
patterns and number of vehicle spaces.
[4]
Determine the effect of the project on the Town
water supply and distribution system.
[5]
Determine sewerage impact on capacities of existing
Town facilities and the North Attleborough (Ten Mile) Sewage Treatment
Plant, including the effect on capacity limits and projected increased
charges to the Town based on the intermunicipal sewage agreement between
Plainville and North Attleborough.
(f)
Fiscal impact:
[1]
Conduct a cost-revenue fiscal analysis describing
the cumulative impact the development shall have on Town financial
resources.
[2]
Cost factors include the following: project
effect on police and fire protection, highways and public works' service,
solid waste and sewerage disposal facilities, educational services,
recreational facility impact and health services.
[3]
Revenue factors, including the following: project
effect on property taxes, water and sewer fees, vehicular taxes, licenses
and fees, and miscellaneous business taxes.
[4]
The fiscal impact studies required herein shall
be prepared using a methodology approved by the Planning Board during
the presubmission conference. All local factors shall be determined
from past municipal budgets, tax assessors' information, and other
verifiable public records.
G.
Review procedures.
(1)
Public hearing. Within 65 days of the filing of a
complete formal application for a special permit for a development
in the CI District, the Planning Board shall hold a public hearing
on the proposal. Notice of such public hearing shall be given in accordance
with MGL c. 40A, § 11.
(2)
Review criteria. In making a decision on an application
for a special permit in the CI District, the Planning Board shall
consider the following:
(a)
The purpose of the Commercial Interchange District.
(b)
Health, safety and general welfare of the public.
(c)
Conservation and preservation of the natural
environment.
(d)
Impacts on abutting properties and neighborhoods.
(e)
Proper drainage of the site.
(f)
Safe access to and from the development.
(g)
Capacity of the existing traffic network to
accommodate projected increases.
(h)
Adequacy of proposed water, sewer, fire protection
and public safety provisions.
(i)
Impacts on water resources, including wetlands,
streams, water bodies, groundwater and floodplains.
(j)
Visual and aesthetic quality.
(k)
Impacts on municipal services and fiscal capacity.
(3)
Decision on the special permit. The decision of the
Planning Board shall be made within 90 days of the date of the public
hearing, unless the decision period is extended by written agreement
between the applicant and the Planning Board.
A.
Authority to regulate. This section is enacted pursuant
to MGL c. 40A, § 9A and pursuant to the Town's authority
under the Home Rule Amendment to the Massachusetts Constitution to
serve the compelling Town interests of limiting the location of and
preventing the clustering and concentration of certain adult entertainment
uses, as defined and designated herein, in response to studies demonstrating
their deleterious effects.
B.
Purpose. The purpose of this adult entertainment section
of the Town of Plainville Zoning Bylaw is to address and mitigate
the secondary effects of adult entertainment establishments. Secondary
effects have been shown to include increased crime, adverse impacts
on public health, adverse impacts on the business climate, adverse
impacts on the property values of residential and commercial property
and adverse impacts on the quality of life. All of said secondary
impacts are adverse to the health, safety and general welfare of the
Town of Plainville and its inhabitants. The provisions of this section
have neither the purpose nor intent of imposing a limitation on the
content of any communicative matter or materials, including sexually
oriented matter or materials. Similarly, it is not the purpose or
intent of this section to restrict or deny access by adults to adult
entertainment establishments or to sexually oriented matter or materials
that are protected by the Constitutions of the United States or of
the Commonwealth of Massachusetts, nor to restrict or deny rights
that distributors or exhibitors of such matter or materials may have
to sell, rent, distribute or exhibit such matter or materials. Neither
is it the purpose or intent of this section to legalize the sale,
rental, distribution or exhibition of obscene or other illegal matter
or materials.
C.
Regulation of adult entertainment uses.
(1)
"Adult entertainment," as defined in this bylaw, shall be permitted only in the CD Zoning District, upon the issuance of a special permit from the Planning Board, in accordance with the provisions of § 500-20 of this bylaw.
(2)
No adult entertainment special permit shall be issued
to any person convicted of violating the provisions of MGL c. 119,
§ 63, or MGL c. 272, § 28.
D.
Dimensional requirements.
(1)
The distances specified below shall be measured by
a straight line from the nearest property line of the premises on
which the proposed adult entertainment use is to be located to the
nearest boundary line of any of the residential zoning district or
to the nearest property line of any of the other uses set forth below:
(a)
Any such proposed use shall be located a minimum
of 700 feet from any residential Zoning District as designated by
the Town of Plainville zoning bylaws.
(b)
Any such proposed use shall be located a minimum
of 700 feet from any public school, public library, day-care facility
or religious facility.
(c)
Any such proposed use shall be located a minimum
of 700 feet from any public playground, park or recreational area,
or youth center.
(2)
Structures associated with the proposed use shall
be located a minimum of 150 feet from any street line.
(3)
All adult entertainment uses shall have a maximum
floor area of 27,000 square feet and maximum building coverage of
13,500 square feet.
(4)
No more than one structure to be used for adult entertainment
shall be located on any one lot.
E.
Expiration. A special permit to conduct an adult entertainment
use shall expire after a period of two calendar years from its date
or issuance and shall be automatically renewable for successive two-year
periods thereafter, provided that a written request for such renewal
is made to the special permit granting authority prior to said expiration
and that no objection to said renewal is made and sustained by the
special permit granting authority.
F.
Severability. The provisions of this section are severable
and, in the event that any provision of this section is determined
to be invalid for any reason, the remaining provisions shall remain
in full force and effect.
[Added 6-6-2022 ATM by Art. 31[2]]
A.
Purpose: to establish criteria for the establishment of firearm business
uses in the Town to address public safety concerns arising from the
operations of such businesses and the potential disruption of peace
and quiet enjoyment of the community. This section provides for separation
between firearm business uses and certain uses enumerated herein to
maximize the protection of public health, safety, and welfare in conjunction
with the protections from MGL c. 140, § 122-131Y, and other
state laws and regulations. To the extent this section or any related
section can be read to potentially conflict with MGL c. 140 or other
state laws or regulations, the section shall be interpreted to minimize
any conflict with state laws or regulations while maximizing the furtherance
of the public safety and other public purposes underlying this section.
B.
AMMUNITION
FIREARM
FIREARM ACCESSORY
FIREARM BUSINESS
(1)
(2)
SHOOTING RANGE
Definitions.
As defined or amended by state statute or regulations, cartridges
or cartridge cases, primers (igniters), bullets, tear gas cartridges,
or propellant powder designed for use in any firearm.
Any device designed or modified to be used as a weapon capable
of firing a projectile using an explosive charge as a propellant,
including but not limited to: guns, pistols, shotguns, rifles.
Any device designed, modified or adapted to be inserted into
or affixed onto any firearm to enable, alter or improve the functioning
or capabilities of the firearm or to enable the wearing or carrying
about one's person of a firearm.
FIREARM DEALERA retail or wholesale operation involving the purchase or sale of firearms, ammunition, and/or firearm accessories.
GUNSMITHAny retail operation involving the repairing, altering, cleaning, polishing, engraving, blueing or performing of any mechanical operation on any firearm.
A specialized facility designed specifically for firearm
usage, qualifications, training, practice or competition. Shooting
ranges can be operated by military or law enforcement agencies, be
privately owned by civilians or sporting clubs, or be operated by
a firearm business.
C.
Firearm business uses not allowed as-of-right.
(2)
Firearm business uses are not included within the definitions of retail sales or services, manufacturing, or any other lawful business permitted as of right or by special permit contained in other sections of this Zoning Bylaw. The use of land, buildings or structures for a firearm business use shall be allowed only by special permit in the districts specified in Plainville General Code Chapter 500 Attachment 2, Town of Plainville Use Regulation Schedule (§ 500-19 of the Zoning Bylaw), subject to the requirements and criteria of this § 500-42.1.
(3)
A firearms shooting range shall be allowed only by special permit in the districts specified in Plainville General Code Chapter 500 Attachment 2, Town of Plainville Use Regulation Schedule (§ 500-19 of the Zoning Bylaw), subject to the requirements and criteria of this § 500-42.1. Outdoor shooting ranges are allowed in the IA Zone only, subject to special permit approval. All shooting ranges shall also comply with the location, operational and other requirements set forth for firearm business uses in § 500-42.1.
D.
Location requirements.
(1)
All distances in this section shall be measured in a straight
line from the property line of the lot containing the proposed firearm
business use to the nearest property line of any of the designated
uses set forth herein:
(a)
Firearm business uses shall not be located within a radius of
150 feet from any property containing a residential use.
(b)
Firearm business uses shall not be located within 1,000 feet
of any private or public K-12 school.
(c)
Firearm business uses shall not be located within 500 feet of
any day-care center, preschool, child-care facility, or an existing
firearm business use at another location, whether such firearm business
use is located within or without the Town's boundaries.
(2)
No firearm business use shall be located within a building containing
a dwelling unit.
E.
Operational requirements.
(1)
Firearm business uses shall obtain and maintain all necessary
federal, state and other required local approvals and licenses prior
to beginning operations, including, but not limited to, a valid, current
state license issued pursuant to MGL c. 140, § 122, as applicable.
Required state and federal licenses must be obtained before applying
for a special permit. Firearm business uses shall comply with all
applicable federal, state and local laws and regulations in the operation
of their business.
(2)
The hours of operation for a firearm business use shall not
adversely impact nearby uses. The hours of operation shall follow
all state statutory and regulatory requirements, but in no case shall
any firearm business use be open before 10:00 a.m. or remain open
after 5:00 p.m.
(3)
As part of the special permit application, all firearm business
uses shall submit a security plan to the Plainville Police Department
for review and approval. Review and approval of the security plan
may include an inspection of the proposed site by the Police Department.
The plan must include, but not be limited to, the following:
(a)
Proposed provisions for security.
(b)
A trained employee shall check identification and compliance
with age restrictions prior to customers entering the establishment.
(c)
The physical layout of the interior, including a demonstration
that the size of the store is not so excessive so as to create issues
with site security and video monitoring.
(d)
After-hours storage of all firearms in locked containers or
by otherwise securing the firearms with tamper-resistant mechanical
locks.
(e)
The number of employees.
(4)
As part of the special permit application, all firearm business
uses shall submit an operations and management plan to the Plainville
Police Department for review and approval.
(5)
All firearm business uses shall conduct criminal background
checks for all employees in accordance with state law.
(6)
No persons under the age of 18 shall have access into or within
a firearms business use, with the sole exception that minors age 14
and older may access a firearms dealer accompanied by the minor's
parent or legal guardian.
(7)
Firearms dealers shall videotape the point of sale of all firearms
transactions and maintain videos for three years to deter illegal
purchases and monitor employees.
F.
Special permit application and procedure. In addition to the procedural, operational and application requirements of §§ 500-20 and 500-42.1E, an application for special permit for a firearm business use shall include, at a minimum, the following information:
(1)
Description of activities: a narrative providing information
about the type and scale of all activities that will take place on
the proposed site.
(2)
Lighting analysis: a lighting plan showing the location of proposed
lights on the building and the lot and a photometric plan showing
the lighting levels.
(3)
Context map: a map depicting all properties and land uses within a minimum 1,000-foot radius of the proposed lot. The context map shall include the measured distance to all uses described in § 500-42.1D(1) above, and shall be certified by a design professional such as an architect, engineer or land surveyor if requested by the SPGA.
(4)
Description of ownership, management, and employees. The following
information shall be submitted to the SPGA:
(a)
The name and address of the legal owner of the establishment.
(b)
The name and address of all persons having any legal, beneficial,
equitable, or security interests in the establishment.
(c)
In the event that a corporation, partnership, trust or other
entity is listed, the name and address of every person who is an officer,
shareholder, member, manager, or trustee of the entity must be listed.
(d)
The name, address, phone number and email address of the manager(s)
and assistant manager(s).
(5)
A comprehensive signage plan.
(6)
A report from Police Department confirming that the applicant
has submitted the plans requiring approval by the Department, and
that those plans have been approved, along with any additional information
requested by the SPGA, or that the Department feels is relevant to
the special permit application.
G.
Special permit criteria. In granting a special permit for a firearm
business use, in addition to finding that the general criteria for
issuance of a special permit are met, the SPGA shall find that the
following criteria are met:
(1)
The lot is designed such that it provides convenient, safe and
secure access and egress for clients and employees arriving to, and
leaving from, the lot.
(2)
The establishment will have adequate and safe storage, security,
and lighting.
(3)
Loading, refuse and service areas are designed to be secure
and shielded from abutting uses.
(4)
The establishment is designed to minimize any adverse impacts
on abutters or pedestrians.
H.
Waivers.
(1)
Waivers from the requirements of this section may be requested
in writing to the SPGA. A waiver may be granted by the SPGA if it
determines that:
(2)
The SPGA may impose any conditions, safeguards and other limitations
on a waiver when it deems it appropriate to protect the public health,
public safety or the environment.
I.
Severability. If any portion of this section is ruled invalid, such
ruling will not affect the validity of the remainder of the section.
