Applicability

The zoning board or, for unified development review the planning board, shall grant a special use permit, following site plan review and approval in accordance with the procedures and standards set forth in sections 4, 7, 12, 17, and 18 of this ordinance (excluding section 4.3), for the following:

• • (1) Any use or structure designated as a special use permit use in section 6 or elsewhere in this ordinance;

  • (2) Any use or structure proposed for construction in an overlay district;

  • (3) The use of a substandard lot of record, as provided in section 8 of this ordinance.

The zoning board of review or, for unified development review the planning board, may grant a dimensional variance from the front, side, and rear yard requirements of section 6.4 or 6.5 for a single-family dwelling and accessory structures in conjunction with a special use permit, provided the relief granted does not have the effect of allowing a structure to be placed closer to a coastal feature as described in section 4.4. If the special use could not exist without the dimensional variance, the zoning board of review or, for unified development review the planning board, shall consider the special use permit and the dimensional variance together to determine if granting the special use is appropriate based on both the special use criteria and the dimensional variance evidentiary standards. But in no event shall this increase the footprint or size of a dwelling otherwise allowed in the particular overlay district in which relief is requested.

(Ch. 840, § 4, 8-4-2003; Ch. 1117, § 13, 12-18-2023; Ch. 1137, § 5, 6-16-2025; Ch. 1140, § 4, 12-15-2025)