Dartmouth City Zoning Code
ARTICLE 4
Marijuana Establishments Overlay District
§ 375-4.1 Purpose.
A.
The purpose of this article is to regulate those facilities that are known as Marijuana Establishments, as that term is defined in 935 CMR 500.002, or any successor regulation thereto.
B.
The purpose of regulating Marijuana Establishments is:
(1)
To designate areas in Town for such facilities that will have the least impact on community character;
(2)
To site such facilities close to highway access and public transportation in order to minimize traffic impacts to the Town;
(3)
To locate such facilities away from residences and places where children regularly congregate; and
(4)
To limit the overall number of such facilities in the Town of Dartmouth to the extent allowed by the laws of the Commonwealth of Massachusetts.
§ 375-4.2 Applicability.
The Marijuana Establishments Overlay District is an overlay district superimposed on the underlying zoning districts, the boundaries of which are shown on the official Dartmouth Zoning Map.
§ 375-4.3 Special Permit uses.
Marijuana Establishments are not allowed as-of-right in any District within the Town, whether as a primary or accessory use or as a home occupation. The Planning Board may grant a Special Permit allowing a Marijuana Establishment in the Marijuana Establishments Overlay District.
§ 375-4.4 Standards for granting Special Permit.
The Planning Board may grant a Special Permit for a Marijuana Establishment if the following standards are satisfied:
A.
Nondiscretionary standards.
(1)
A Marijuana Establishment and the parcel on which it is proposed to be located must meet all setback, lot size, lot coverage, height, frontage and other dimensional requirements and development standards of the underlying District in which it is located;
(2)
A Marijuana Establishment shall not be located within 1,000 feet of another Marijuana Establishment that is located within the Town. The one-thousand-foot distance shall be measured in a straight line from the nearest point of the facility in question to the nearest point of the Marijuana Establishment;
(3)
A Marijuana Establishment shall not be sited within a radius of 500 feet of an existing public or private school, college/university, daycare, library, any facility in which children commonly congregate, or residence (single-family or multi-family). The five-hundred-foot distance shall be measured in a straight line from the nearest point of the facility in question to the nearest point of the Marijuana Establishment;
(4)
The outdoor fencing of any Marijuana Establishment shall be a non-reflective, earth tone color, such as black or dark green;
(5)
Parking at a Marijuana Establishment shall comply with the requirements of Article 24, Site Plan Review, except that parking spaces shall be provided at the rate of one parking space per employee for the largest shift, plus one parking space for each 250 square feet of building floor space that is devoted to customer service;
(6)
No Special Permit may be issued for a Marijuana Establishment that engages in the sale of marijuana or marijuana products for consumption on-site until and unless the voters of the Town approve an initiative petition to allow such on-site consumption in accordance with M.G.L. c. 94G, § 3(b), or any successor statute thereto; and
(7)
No Special Permit may be issued for a given type of Marijuana Establishment, once the Town has reached the minimum number of that type of Marijuana Establishment that it is obligated to allow in accordance with the provisions of M.G.L. c. 94G, § 3, or any successor statute thereto.
(8)
Discretionary standards. In exercising its discretion whether to grant a Special Permit, the Planning Board shall consider the impact of the proposed Marijuana Establishment on public health and safety, and the effect of the proposed Marijuana Establishment on the character of the neighborhood and the Town.
§ 375-4.5 Conditions.
In addition to any conditions that the Planning Board chooses to impose upon a granted Special Permit, including, without limitation, with respect to the allowed days and hours of operation of any component of a Marijuana Establishment that is open to public consumers or customers, the following conditions automatically apply to said grant:
A.
Prior to obtaining a building permit, and prior to beginning operation of the Marijuana Establishment if no such permit is needed, the following documentation shall be provided to the Director of Inspectional Services and the Chief of Police:
(1)
The License for the Marijuana Establishment that was issued by the Cannabis Control Commission; and
(2)
The Operating Policies and Procedures for the Marijuana Establishment that were created pursuant to either 935 CMR 500.101(1)(c)(7) or 935 CMR 500.101(2)(e)(8), or any successor regulations thereto.
B.
The Special Permit may not be transferred, even to any successor in interest to the holder of the Special Permit.