Dedham City Zoning Code
ARTICLE XI
Medical Marijuana Overlay District
§ 280-11.1 History.
By Initiative Petition 11-11 (Question #3 on the November 6, 2012 ballot) the voters of the Commonwealth approved a law regulating the cultivation, distribution, possession, and use of marijuana for MEDICAL PURPOSES.
§ 280-11.2 Purpose.
Provide for the location/placement of Registered Marijuana Dispensary(ies), in accordance with the Humanitarian Medical Use of Marijuana Act, G.L. c. 94C, App. § 1-1, et seq.,[1] in locations determined suitable for lawful medical marijuana facilities and to minimize adverse impacts of Registered Marijuana Dispensary(s) on adjacent properties, residential neighborhoods, historic districts, churches and religious facilities, schools, playgrounds, ball fields, recreation areas, and other areas where minors congregate by regulating the siting, design, placement, security, and removal of Registered Marijuana Dispensary(s).
[1]
Editor's Note: See MGL c. 94I, § 1 et seq.
§ 280-11.3 Establishment.
A.
Effective July 1, 2014, the Medical Marijuana Overlay District ("MMOD") is established as a district that overlays the underlying zoning districts, so that any parcel of land lying in the MMOD shall also continue to lie in one or more of the other zoning districts as it was previously classified, as provided for in this Zoning Bylaw. Land and buildings in the MMOD may be used for any purpose permitted as of right or by Special Permit in the underlying district, and all requirements of the underlying zoning district shall remain in full force and effect, except as may be specifically superseded herein.
B.
Land within the MMOD may be used either for:
(1)
A Registered Marijuana Dispensary ("RMD"), pursuant to a Special Permit as provided herein, in which case the requirements set forth in this section shall apply; or
(2)
A use allowed in the underlying district, in which case the requirements of the underlying district shall apply.
C.
The boundaries of the MMOD are depicted on the Zoning Map on file with the Town Clerk.
D.
No RMD shall be established except in strict compliance with the provisions of this Section.
E.
Nothing in this Bylaw shall be constructed to supersede or alter federal and state state laws regarding the sale and distribution of narcotic drugs.
§ 280-11.4 Definitions.
A.
Where not otherwise expressly defined in the Zoning Bylaw, terms used in the MMOD Bylaw shall be interpreted as defined in the Humanitarian Medical Use of Marijuana Act, G.L. c. 94C, App. § 1-1, et seq. and the Department of Public Health Regulations promulgated thereunder, 105 CMR 725.001, et seq.,[1] and otherwise by their plan[2] language.
[1]
Editor's Note: See now 935 CMR 500.000 et seq.
[2]
Editor's Note: So in original; should be "plain."
B.
Registered Marijuana Dispensary (RMD). Also known as a Medical Marijuana Treatment Center" (MMTC) means a not-for-profit entity certified by the Commonwealth of Massachusetts Department of Public Health pursuant to 105 CMR 725.100,[3] or acquire, cultivate, possess and process, which term includes the development of related products such as edible marijuana-infused products ("MIPs"), tinctures, aerosols, oils, or ointments, and pursuant to which certification is authorized to transfer, transport, sell, distribute, dispense, or administer marijuana, products containing marijuana, related supplies, or educational materials "registered qualifying patients or their personal caregivers." Unless otherwise specified, RMD refers to the site(s) of dispensing, cultivation, and preparation of marijuana included within said certification.
[3]
Editor's Note: See now 935 CMR 500.100.
§ 280-11.5 Location.
A.
RMDs shall only be located within the MMOD pursuant to a Special Permit as provided in § 280-11.6 below, subject to the following limitation: No RMD may be located within 300 feet of the following:
(1)
Schools, including a public or private elementary, vocational, or secondary school or a public or private college, junior college, or university.
(2)
Child care facility.
(3)
Playground or ball fields.
(4)
Youth center.
(5)
Similar facility in which minors commonly congregate.
(6)
Churches or religious facilities.
B.
The distance under this section is measured in a straight line from the nearest point of the property line of the protected use(s) identified in § 280-11.5 to the nearest point of the property line of the proposed RMD.
C.
The distance requirement may be reduced by no more than 10%, but only upon the following specific findings by the Special Permit Granting Authority (SPGA):
(1)
The applicant demonstrates that the RMD would otherwise be effectively prohibited within the municipality.
(2)
The applicant demonstrates that the RMD shall employ adequate and sufficient security measures to prevent distribution of medical marijuana to minors who are not qualifying patients pursuant to 105 CMR 725.004.[1]
[1]
Editor's Note: See now 935 CMR 500.202.
§ 280-11.6 Procedure.
A.
Special permit granting authority. The Planning Board shall be the Special Permit Granting Authority (SPGAA) for the RMD Special Permit.
B.
Application. In addition to the materials required under § 280-9.3 Special Permits, and all material required by § 280-9.5D and § 280-9.5E, the applicant shall submit the following as part of the RMD Special Permit application:
(1)
A copy of its current registration as an RMD from the Massachusetts Department of Public Health ("DPH") and, if applicable, whether the application has other licensed registered RMDs; if so, where and whether the applicant has ever had its registration rejected or rescinded, and why.
(2)
A detailed floor plan of the premises of the proposed RMD.
(3)
Identification of the square footage available and description of the functional areas of the RMD, including areas for preparation of any MIP.
(4)
A complete description of all security measures to be implemented, including employee screening and security policies, as approved by DPH for the RMD in accordance with 105 CMR 725.110,[1] which shall be reviewed and approved by the Police Chief prior to issuance of the Special Permit. The Police Department shall be provided a direct connection to the video surveillance for the RMD.
[1]
Editor's Note: See now 935 CMR 500.110.
(5)
A copy of the emergency procedures approved by DPH for the RMD, and at least a quarterly program for review of such procedures.
(6)
A copy of the policies and procedures for patient or personal caregiver home-delivery approved by DPH for the RMD
(7)
A copy of the policies and procedures for the transfer, acquisition, or sale of marijuana between RMDs approved by DPH
(8)
A copy of proposed waste disposal procedures.
(9)
A copy of any waivers from DPH regulations issued for the RMD
C.
The SPGA shall refer copies of the application to the Building Department, Fire Department, Police Department, and Department of Public Works. Such boards or departments shall review the application and shall submit their written recommendations. Failure to make recommendations within 45 days of referral of the application shall be deemed lack of opposition.
D.
After notice and public hearing and consideration of application materials, consultant reviews, public comments, and the recommendations of other town boards and departments, the SPGA may act upon such a permit.
§ 280-11.7 Special permit conditions.
A.
General conditions.
(1)
The SPGA shall impose conditions as it reasonably deems appropriate and necessary to improve site design, carry out, traffic and parking flow, public safety, protection of water quality, air quality, and significant environmental resources, preserve the character of the surrounding area and neighborhood, and otherwise serve the purpose of this section.
(2)
In addition, the RMD must be constructed so as to:
(a)
Comply with the requirements of the Zoning Bylaw as they relate to dimensional requirements, parking, loading, and landscape requirements, and all other provisions of this Bylaw.
(b)
Provide for the convenience and safety of vehicular and pedestrian movement on the site and for the location of driveway openings in relation to street traffic.
(c)
Provide for the convenience and safety of vehicular traffic and pedestrian movement off the site, if vehicular and pedestrian traffic off-site can reasonably be expected to be substantially affected by on-site changes.
(d)
Provide adequate arrangements and numbers of parking and loading spaces in relation to the proposed use of the premises, including designated parking for home delivery vehicle(s), as applicable.
(e)
Provide appropriate design and appearance of proposed buildings, structures, freestanding signs, screening, and landscaping.
(f)
Provide adequate water supply, surface, and subsurface drainage and light.
B.
Special conditions. The following specific conditions shall apply to every Special Permit granted under this Bylaw:
(1)
No smoking, burning, or consumption of any product containing marijuana or marijuana-related products shall be permitted on the premises of an RMD, other than permitted by 105 CMR 725(N)(8).[1]
[1]
Editor's Note: See now 935 CMR 500.000 et seq.
(2)
The hours of operation, including hours for dispatch of home deliveries as determined and approved by the SPGA.
(3)
The RMD shall be designed to minimize any adverse visual impact on abutting properties.
(4)
The permit holder shall file a copy of any Incident Report required under 105 CMR 725.110(F)[2] with the Building Commissioner and the SPGA within 24 hours of the incident. Such reports may be redacted as necessary to comply with any applicable state or federal laws and regulations.
[2]
Editor's Note: See now 935 CMR 500.110(9).
(5)
The permit holder shall file a copy of any summary cease and desist order, cease and desist order, quarantine order, summary suspension order limiting sales, notice of a hearing, or final action issued by DPH or the Division of Administrative Law Appeals, as applicable, regarding the RMD with the Zoning Enforcement Officer and SPGA within 48 hours of receipt by the RMD.
(6)
The permit holder shall file with the Building Commissioner and Chief of the Police Department the name, telephone number, and electronic mail of a contact person in the event that such person needs to be contacted after regular business hours to address an urgent issue. Such contact information shall be kept updated kept updated regularly by the permit holder, and if there is a change to the contact person, it shall be updated immediately and forwarded to the Building Commissioner and Chief of Police.
(7)
This Special Permit shall lapse within five years of its issuance. If the permit holder wishes to renew the Special Permit, an application to renew the Special Permit must be submitted at least 180 days prior to the expiration of the Special Permit.
(8)
Special Permit shall be limited to the current applicant and permit holder, and shall lapse if the permit holder ceases operating the RMD.
(9)
The Special Permit shall be null lapse upon the expiration or termination of the applicant's registration by DPH.
(10)
The permit holder shall notify the Building Commissioner and SPGA in writing within 48 hours of the cessation of operation of RMD or the expiration, or immediately upon termination of the permit holder's registration with DPH.
§ 280-11.8 Prohibition against nuisance.
No use shall be allowed in the MMOD which creates a nuisance to abutters or to the surrounding area, or which creates 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 impairs the normal use and peaceful enjoyment of any property, structure, or dwelling in the area.