Avon City Zoning Code
ARTICLE XIV
Medical Marijuana Treatment and Dispensing Facilities and Marijuana Cultivation
§ 255-14.1 Purpose.
The intent of this bylaw is to address possible adverse public health and safety consequences related to passage of Question 3 on the November 6, 2012 State Referendum. It is the purpose of this article, titled "Medical Marijuana Treatment and Dispensing Facilities and Marijuana Cultivation," to minimize any potential adverse impacts on the quality of life in the Town. It is the intent of this bylaw to establish specific zoning standards and regulations for medical marijuana centers (treatment and dispensing facilities), medical marijuana growing and cultivation operations either related to medical marijuana treatment facilities and dispensaries or the personal cultivation by qualified patients or cultivation by personal caregivers on the behalf of qualified patients or other users:
A.
To provide for the limited establishment of medical marijuana treatment and dispensing facilities in appropriate places and under strict conditions in acknowledgment of passage of Initiative Petition 11-11 (Question #2 on the November 2012 state ballot).
B.
To minimize the adverse impacts of medical marijuana treatment and dispensing facilities and marijuana cultivation on adjacent properties, residential neighborhoods, schools and other places where children congregate, local historic districts, and other land uses potentially incompatible with said facilities;
C.
To regulate the siting, design, placement, safety, security, monitoring, modification, and removal of medical marijuana treatment and dispensing facilities; and marijuana cultivation; and
D.
To limit the overall number of medical marijuana treatment and dispensing facilities and marijuana cultivation in the Town to what is essential to serve the public necessity.
§ 255-14.2 Restrictions on uses; compliance with other laws; severability.
A.
The cultivation, production, processing, assembly, packaging, retail or wholesale sale, trade, distribution or dispensing of marijuana for medical use is prohibited unless permitted as a medical marijuana treatment and dispensing facility under this article.
B.
No medical marijuana treatment and dispensing facility or any marijuana cultivation use shall be established except in compliance with the provisions of this article.
C.
Nothing in the bylaw shall be construed to supersede federal and state laws governing the sale of narcotic drugs.
D.
If any provisions of this article or the application of any such provisions to any person or circumstance shall be held invalid, the remainder of this article, to the extent it can be given effect, or the application of those provisions to persons or circumstances other than those to which it is held invalid, shall not be affected thereby, and to this end the provisions of this article are severable.
§ 255-14.3 Special permit required.
Medical marijuana treatment and dispensing facilities and marijuana cultivation shall be authorized by special permit only in district(s) provided, as set forth in § 255-5.3, Table of Use Regulations, of the zoning bylaws. Any such special permit issued by the special permit granting authority shall comply with all relevant local, state, and federal laws.
§ 255-14.4 Ineligibility for permit; background checks.
No medical marijuana treatment and dispensing facilities or marijuana cultivation special permit shall be issued to any person convicted of violating the provisions of MGL c. 119, § 63, or MGL c. 94C, or similar laws in other jurisdictions. Any applicant for special permit under this bylaw must allow for a criminal background check which includes jurisdictions beyond Massachusetts.
§ 255-14.5 Location, operation and sale restrictions; signage.
A.
Any medical marijuana treatment and dispensing facility and marijuana cultivation activities permitted under this article shall be located only in a zoning district that is designated for its use within this zoning bylaw and shall be subject to a special permit by the Avon Planning Board and site plan review under Article XII of this zoning bylaw. No medical marijuana treatment and dispensing facilities use or marijuana cultivation activities shall be located within 500 linear feet of a property line where the following districts or activities or uses occur:
(1)
Any residential district as defined in these zoning bylaws;
(2)
Any school or child-care establishment; or place where minors frequent (e.g., a library, ball field, sports or family recreation facility, religious facility or the like);
(3)
Any other medical marijuana treatment and dispensing facility or marijuana cultivation site;
(4)
Any drug or alcohol rehabilitation facility;
(5)
Any correctional facility, half-way house or similar facility; or
B.
No marijuana or marijuana-based product shall be sold or grown or cultivated in the interior or exterior of a residential dwelling unit or residential district. Growing and related cultivation activities shall occur only in districts as permitted in this bylaw.
C.
Separation. Distances shall be calculated by direct measurement from the nearest property line of the land used for school or child-care purposes or places where minors frequent or any other use listed above in Subsection A to the nearest portion of the building in which the medical marijuana dispensary is located.
D.
No entitlement or vested rights to permitting. No person shall be deemed to have any entitlement or vested rights to permitting under this bylaw by virtue of having received any prior permit from the Town, including, by way of example only, any zoning permit or any wholesale food manufacturer's license. In order to lawfully engage in the business of selling, cultivating marijuana, or manufacturing medical marijuana, or products containing marijuana, cannabis, or THC, in the Town of Avon on and after the date of passage of this bylaw, any person must qualify for and obtain a special permit in accordance with the requirements of this bylaw.
E.
All sales of medical marijuana by a licensed medical marijuana treatment and dispensing facility shall occur only upon the permitted premises.
F.
Signage. Any permitted medical marijuana treatment and dispensing facilities site shall comply with the requirements of the Town sign bylaws at all times.[1] In addition, upon penalty of special permit revocation, no permitted medical marijuana treatment and dispensing facility or marijuana cultivation facility shall use any advertising material that is misleading, deceptive, or false, or that is designed to appeal to minors. Off-site signage or advertising in any form, including billboards, shall not be allowed.
G.
Visibility. There shall be no visibility of activities, products or treatment occurring within or on the premises of a medical marijuana treatment or dispensing facility or marijuana cultivation facility from the exterior of such premises.
H.
Manufacturing. A local special permit for medical marijuana infused product manufacturing may be issued only in locations where medical marijuana treatment and dispensing facilities and marijuana cultivation activities are permitted.
I.
Cultivation activities. Cultivation, as defined in this bylaw, by a medical marijuana treatment and dispensing facility in any location other than where specifically permitted shall be disallowed. This disallowance shall include cultivation, even where proposed as an accessory use, by any medical marijuana treatment and dispensing facility.
§ 255-14.6 Term of special permit; notification of new applications.
A.
Any local special permit issued pursuant to this article shall be valid for two years from the date of issuance. Any renewal of the special permit shall be governed by the standards and procedures set forth in this article and any regulations adopted pursuant thereto by the Planning Board/Zoning Enforcement Officer and/or Licensing Board.
B.
Notification. Any new applications sought under this article must be publicly advertised for a period of no less than 14 days, not including the date of the required special permit public hearing. Abutters within 300 feet shall be notified in writing of said application, which notice shall include any and all dates and locations of public hearings on said application.
§ 255-14.7 Conflict of laws.
In the event of any conflict between the provisions of this bylaw and any other applicable state or local law, the stricter provision, as deemed by the Zoning Enforcement Officer, shall control.