Georgetown City Zoning Code
ARTICLE XIX
Marijuana Businesses
[Added 5-5-2014 ATM, Art. 36 (Amdt. No. 180); amended 5-7-2018 ATM, Art. 23 (Amdt. No. 186)]
§ 165-156 Purpose and intent.
A.
To provide for the placement of Marijuana Businesses in suitable locations and to minimize adverse impacts on adjacent properties, residential neighborhoods, historic districts, schools, playgrounds and other locations where minors congregate by regulating the siting, design, placement, security, and removal of Marijuana Businesses.
B.
Provisions set forth in this section shall take precedence over all other sections of the Bylaw when considering applications related to the construction, operation, expansion, repair, and/or removal of lawful Marijuana Businesses.
§ 165-157 Establishment and delineation of Marijuana Business Overlay District.
A.
Establishment. For the purposes of this Bylaw, there is hereby established a Marijuana Business Overlay District ("MBOD"). Within the MBOD, all requirements of the underlying district(s) remain in effect, except where these regulations provide an alternative to such requirements. Land within the MBOD may be used either for (1) a Marijuana Business, 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. If the provisions of the MBOD are silent on a zoning regulation, the requirements of the underlying district shall apply. If the provisions of the MBOD conflict with the requirements of the underlying district, the requirements of the MBOD shall control.
B.
Delineation. The MBOD is delineated on shown the official Zoning Map of the Town of Georgetown and the Town of Georgetown Zoning & Overlay Districts Map on file with the Planning Office.
§ 165-158 Scope of authority.
A.
The Planning Board shall act as the Special Permit Granting Authority (SPGA) for all Marijuana Business applications.
§ 165-159 Applicability.
A.
The cultivation, production, processing, assembly, packaging, retail or wholesale sale, trade, distribution or dispensing of marijuana is prohibited unless permitted by Special Permit as a Marijuana Business under this section, except as otherwise provided herein.
B.
No Marijuana Business shall be established except in compliance with the provisions of this Zoning Bylaw section and all other sections of the Town of Georgetown's Bylaws.
C.
Nothing in this Bylaw shall be construed to supersede federal and state laws governing the sale and distribution of narcotic drugs.
§ 165-160 Definitions.
Where not expressly defined in the Zoning Bylaws, terms used in the MBOD Bylaw shall be interpreted as defined in MGL c. 94G and MGL c. 94I and regulations promulgated and/or incorporated thereunder, and otherwise by their plain language. The following terms as used in this ordinance are defined as follows:
MARIJUANA
All parts of any plant of the genus Cannabis, not excepted below and whether growing or not; the seeds thereof; and resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin including tetrahydrocannabinol as defined in MGL c. 94C, § 1; provided that "marijuana" shall not include: (1) the mature stalks of the plant, fiber produced from the stalks, oil, or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, fiber, oil, or cake made from the seeds of the plant or the sterilized seed of the plant that is incapable of germination; (2) hemp; or (3) the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink or other products.
MARIJUANA BUSINESS
A Registered Marijuana Dispensary, Marijuana Establishment, or any combination or part thereof.
MARIJUANA CULTIVATOR
Pursuant to MGL c. 94G, § 1 and regulations promulgated thereunder, 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.
MARIJUANA ESTABLISHMENT
A marijuana cultivator, independent testing laboratory, marijuana product manufacturer, marijuana retailer, or any other type of licensed marijuana related business, for the non-medical use of marijuana, as set forth in MGL 94G, and regulations promulgated thereunder.
MARIJUANA RETAILER
Pursuant to MGL c. 94G, § 1 and regulations promulgated thereunder, 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 (except that nothing in this definition or Bylaw shall allow for the consumption of marijuana on the premises where marijuana is sold).
REGISTERED MARIJUANA DISPENSARY (RMD)
As defined by 105 CMR 725.000, et al., as it may be amended or superseded, and pursuant to all other applicable state laws and regulations, means an entity registered under 105 CMR 725.100, also referred to and known as a Medical Marijuana Treatment Center, means an entity registered under 105 CMR 725.100, that acquires, cultivates, possesses, processes [including development of related products such as edible marijuana-infused products ("MIPs"), 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. Unless otherwise specified, RMD refers to the site(s) of dispensing, cultivation, and preparation of marijuana.
§ 165-161 General Provisions.
An application for a Marijuana Business shall be reviewed by the SPGA for consistency with the provisions of this section. All proponents are required to provide a Site Plan Approval application to the SPGA demonstrating compliance with, or a written waiver request for, each of the following requirements in order to be deemed a complete application:
A.
Administration. Prior to construction, installation or modification of a Marijuana Business, a Site Plan Approval application shall be made pursuant to the provisions of § 165-83 in addition to the provisions of this article.
B.
Compliance with Zoning Laws, Ordinances and Regulations. The construction and operation of any Marijuana Business shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable safety, construction, electrical, and communications requirements.
C.
Fees. A Site Plan Approval application for a Marijuana Business must be accompanied by the filing fee established by the SPGA.
D.
General. All site and structural plans and maps shall be prepared, sealed and signed by a professional civil engineer licensed to practice in the Commonwealth of Massachusetts. All building plans and elevations shall be prepared, sealed and signed by an architect licensed to practice in the Commonwealth of Massachusetts.
E.
Submission requirements and required documents.
(1)
As party of the Special Permit and Site Plan Approval process, the applicant shall demonstrate to the SPGA's satisfaction that the following design process was followed in determining the location of a proposed Marijuana Business;
(a)
Understanding potential development sites. The first step is to inventory existing potential sites;
(b)
Evaluating the proposed development sites. The second step is to evaluate the proposed site in its larger context by taking care to identify eligible locations as described in § 165-161I and beneficial or detrimental connections to surrounding land uses and activities;
(2)
Zoning district designation for the parcel(s) of land comprising the project site [submission of a copy of a Zoning Map with the parcel(s) identified is suitable for this purpose];
(3)
A proof of liability insurance that satisfies § 165-161G.
F.
Safety standards: Upon request by the SPGA, the owner and/or operator shall cooperate with local emergency services in developing an emergency response plan. The owner or operator shall identify a responsible person for public inquiries throughout the life of the facility.
(1)
Emergency Services Plan. Prior to issuance of a building permit, the Marijuana Business owner and/or operator shall provide a written plan including but not limited to a project summary to the Town's Board of Selectmen, local safety officials including the Police Chief, Fire Chief and Building Inspector. The SPGA shall confirm adequacy of emergency access and safety procedures with the local safety officials prior to approval of any Site Plan for the Marijuana Business.
(2)
Unauthorized access. The Marijuana Business shall be designed to allow access within the area of the Marijuana Business to authorized personnel as well as state and municipal emergency personnel only.
G.
Proof of liability insurance. The applicant shall be required to provide evidence of liability insurance in an amount, and for the duration, sufficient to cover loss or damage to persons and property occasioned by the failure of the facility;
H.
Eligible locations. Any Marijuana Business facility permitted under this section shall be located only in a zoning district that is designated for its use within this Zoning Bylaw. No Marijuana Business use shall be located within 300 linear feet of a property line where the following zoning district, activity or use occurs, whether within the municipal borders of the Town of Georgetown or adjoining municipality;
(1)
Any Residential District as defined by Chapter 165;
(2)
School, including a public or private elementary, vocational, or secondary school or a public or private college, junior college, or university;
(3)
Any child-care facility;
(4)
Library;
(5)
Playground;
(6)
Public park;
(7)
Youth center;
(8)
Public swimming pool;
(9)
Religious institution;
(10)
Video arcade facility;
(11)
Similar facility in which minors commonly congregate in an organized, ongoing, formal basis;
(12)
Any other Marijuana Business;
(13)
Any drug or alcohol rehabilitation facility;
(14)
Any correctional facility, half-way house or similar facility; or
(15)
Any establishment licensed under the provisions of General Law, Chapter 138, Section 12.
I.
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 § 165-161H to the nearest point of the property line of the proposed Marijuana Business parcel. The distance requirement may be reduced by a super majority vote of the full Planning Board, but only if:
[Amended 5-6-2019 ATM, Art. 18 (Amdt. No. 191)]
(1)
The applicant demonstrates that the Marijuana Business would otherwise be effectively prohibited within the municipality, and
(2)
With regard to locations protected pursuant to § 165-161H(1) through (15), the applicant demonstrates that the Marijuana Business will employ adequate security measures to prevent diversion of marijuana to unauthorized minors.
J.
Visibility: There shall be no visual proof or visibility of use activities, products or treatment occurring within or on the premises of a Marijuana Business from the exterior of such facility or premises.
§ 165-162 Special permit review procedures and criteria.
The SPGA may grant a Special Permit and a Site Plan Approval and require that certain requirements be met as conditions of approval.
A.
Procedure. The Planning Board shall be the Special Permit Granting Authority (SPGA) for a Marijuana Business special permit application.
B.
Criteria. In the review and evaluation of an application and in making a final determination in writing, the SPGA shall consider but not be limited to the following as it pertains to a Marijuana Business:
(1)
Complies with all requirements set forth in this section;
(2)
Minimizes visual impact by controlling off-site visibility of parking, storage, or other outdoor service areas viewed from public ways and places or land residentially used or zoned;
(3)
Provides adequate stormwater management and other utilities consistent with the functional requirements of the Town of Georgetown Subdivision Rules and Regulations, Department of Environmental Protection, Massachusetts Stormwater Management Handbook (as revised);
(4)
Maximizes pedestrian and vehicular safety on-site, including points of ingress and egress;
(5)
Minimizes glare from headlights and lighting intrusion;
(6)
Minimizes unreasonable departure from character, materials, and scale of buildings in the vicinity, as viewed from public ways and places or premises residentially used or zoned;
(7)
Ensures compliance with the provisions of the Town of Georgetown's Zoning Bylaw, including parking, signs, landscaping, environmental standards and other pertinent sections;
(8)
Specific use is an appropriate location for such a use;
(9)
Nuisance is not expected to be created by the use;
(10)
Provides adequate access to each structure for emergency service equipment;
(11)
Facility shall be constructed and operated in a manner that minimizes adverse visual, safety and environmental impacts;
(12)
Proposed Marijuana Business does not create 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 may impair the normal use and peaceful enjoyment of any property, structure or dwelling in the area.
C.
Special Permit conditions. The SPGA may impose conditions reasonably appropriate to improve site design, traffic flow, public safety, protect water quality, air quality, and significant environmental resources, preserve the character of the surrounding area and otherwise serve the purpose of this section. In addition to any specific conditions applicable to the applicant's Marijuana Business, the SPGA may include the following conditions in any special permit granted under this Bylaw;
(1)
Hours of operation, including dispatch of home deliveries;
(2)
The permit holder shall file a copy of any Incident Report required under regulations promulgated in accordance with MGL c. 94C, MGL c. 94G, or MGL c. 94I, with the Zoning Enforcement Officer and the SPGA within 24 hours of creation by the Marijuana Business. Such reports may be redacted as necessary to comply with any applicable state or federal laws and regulations;
(3)
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 DPH or the Division of Administrative Law Appeals, as applicable, regarding the Marijuana Business with the Zoning Enforcement Officer and SPGA within 48 hours of receipt by the Marijuana Business;
(4)
The 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 120 days prior to the expiration of the special permit;
(5)
The special permit shall be limited to the current applicant and shall lapse if the permit holder ceases operating the Marijuana Business;
(6)
The special permit shall lapse upon the expiration or termination of the applicant's registration by Department of Public Health ("DPH") or the Cannabis Control Commission ("CCC");
(7)
The permit holder shall notify the Zoning Enforcement Officer and SPGA in writing within 48 hours of the cessation of operation of the Marijuana Business or the expiration or termination of the permit holder's registration with DPH or CCC.
D.
Application. In addition to the materials required under Town of Georgetown Article XIII of Chapter 165, the applicant shall include:
(1)
A copy of its registration from the DPH or the CCC;
(2)
A detailed floor plan of the premises of the proposed Marijuana Business that identifies the square footage available and describes the functional areas of the Marijuana Business, including areas for any preparation of MIPs;
(3)
Detailed site plans that include the following information:
(a)
Compliance with the requirements for parking and loading spaces, for lot size, frontage, yards and heights and coverage of buildings, and all other provisions of this Bylaw and Chapter 165 of Town of Georgetown Zoning Bylaws;
(b)
Convenience and safety of vehicular and pedestrian movement off the site, if off-site vehicular and pedestrian traffic can reasonably be expected to substantially affected by on-site changes;
(c)
Adequacy as to the arrangement and the number of parking and loading spaces in relation to the proposed use of the premises, including designated parking for home delivery vehicle(s), as applicable;
(d)
Design and appearance of proposed and/or existing buildings, structures, freestanding signs, screening and landscaping; and
(e)
Adequacy of water supply, surface and subsurface drainage and light.
(4)
Description of the security measures, including employee security policies, approved by DPH or CCC for the Marijuana Business;
(5)
Copy of the emergency procedures approved by DPH or CCC for the Marijuana Business;
(6)
Copy of the policies and procedures for patient or personal caregiver home-delivery approved by DPH or CCC for the Marijuana Business;
(7)
Copy of the policies and procedures for the transfer, acquisition, or sale of marijuana between Marijuana Businesses;
(8)
Copy of proposed waste disposal procedures; and
(9)
Description of any waivers from DPH or CCC regulations issued for the Marijuana Business;
(10)
Distance in linear foot from property line to property line of any zoning district, activity or use occurs as described in § 165-161H.
E.
Notification. Any new applications sought under this section must be publically advertised for a period of no less than fourteen (14) days, not including the date of the required special permit public hearing. Abutters within three hundred (300) feet shall be notified in writing of said application, and include any and all dates and locations of public hearings on said application.
The SPGA shall refer copies of the application to the Building Department, Fire Department, Police Department, Board of Health, the Conservation Commission, the Highway Department, Board of Water Commissioners, and the Planning Board. These boards/departments shall review the application and shall submit their written recommendations. Failure to make recommendations within 35 days of referral of the application shall be deemed lack of opposition. |
F.
Waivers. The SPGA may waive, by an affirmative majority vote, any of the submittal and design requirements if it determines that strict compliance with those submittal and design requirements, because of the size or unusual nature of proposed building(s), structure(s), lay of the land, may not be in the best interest of the Town, the general public and/or an undue hardship on the applicant.
G.
Final action. 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 special permit. No Marijuana Business shall be erected, constructed, installed or modified as provided in this section without first obtaining a Site Plan Approval decision from the SPGA and a building permit from the Building Inspector.
H.
Modifications to approved site plan. All material modifications to a Marijuana Business made after issuance of the required permit shall require approval by the SPGA as provided in this section. Modifications to an approved Site Plan shall be allowed upon submission of a written description to the SPGA of the proposed modifications. The request for modification shall be subject to the submittal, review and hearing procedures as required for new filings unless the SPGA finds that the proposed modifications satisfy the review criteria and the Site Plan as modified would be consistent with the originally approved plan and therefore a new public hearing may not be required.
I.
Appeals. The decision of the SPGA and/or Building Inspector made on any project subject to the provisions of this section may be appealed pursuant to the provisions of § 165-98 of Town of Georgetown's Zoning Bylaw.
J.
Enforcement. Enforcement of violations of any approvals and conditions of approvals, including violations of any development and/or performance standards identified in this section shall be governed by § 165-97 of the Town of Georgetown Zoning Bylaw.
K.
Severability. The provisions of this Bylaw are severable. If any provision, paragraph, sentence, or clause of this Bylaw or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this Bylaw.
L.
Issuance of building permit. No building permit for a Marijuana Business shall be issued until the SPGA has rendered its decision on the Special Permit and Site Plan Approval application and the appeals period pursuant to MGL c. 40A, § 17 has lapsed or any appeal taken has been finally resolved. Any site clearing or disturbance done on a site ultimately for the purpose of a Marijuana Business without a building permit shall be deemed improper clearing, a violation of the provisions of the Town of Georgetown Zoning Bylaw and shall be enforced pursuant to the provisions of Article XVI of the Town of Georgetown Zoning Bylaw.
M.
(Reserved)
N.
Expiration. A permit issued pursuant to this ordinance shall expire if:
(1)
A Marijuana Business is not installed and operational within 48 months from the date the permit is issued; or,
(2)
A Marijuana Business is abandoned or deemed abandoned pursuant to this ordinance.
O.
Violations. It shall be unlawful for any person to construct, install, or operate a Marijuana Business that is not in compliance with this section or with any condition contained in a permit issued pursuant to this section.
§ 165-163 Development and performance standards.
Any proposed Marijuana Business shall be subject to development and performance standards, as set forth below, for the placement, design, construction, monitoring, modification and removal. Such development and performance standards exist to address public safety and minimize impacts on resources of the Town. Whereas all projects must demonstrate compliance with applicable provisions of Chapter 165, the following standards shall be in addition to or take precedence over design standards of § 165-83 and Appendix 4 Intensity of Use Schedule:[1]
A.
Dimension and density requirements.
(1)
Setbacks. The purpose of setbacks is to mitigate adverse impacts on abutting properties. For Marijuana Business, compliance with front, side and rear setbacks shall be as follows:
(a)
Front yard. The front yard shall have a depth at least 20 feet from the property line provided, however, where the locus abuts a conservation use, recreational use or residential use district, the front yard shall not be less than 50 feet;
(b)
Side yard. Each side yard shall have a depth at least 20 feet from the property line provided, however, where the locus abuts a conservation use, recreational use or residential district, the side yard shall not be less than 50 feet;
(c)
Rear yard. The rear yard depth shall be at least 25 feet from the property line provided, however, that where the locus abuts a conservation use, recreation use or residential district, the rear yard shall not be less than 50 feet;
(2)
The SPGA may grant a waiver from setback requirements if the applicant can demonstrate:
(a)
Failing to do so would render the siting of the Marijuana Business unfeasible; and
(b)
The waiver will not impede access or egress for maintenance personnel or emergency responders; and
(c)
The waiver will not adversely affect the intent of this bylaw section in terms of development and design standards.
B.
Design standards.
(1)
Lighting. Lighting of a Marijuana Business shall be consistent with local, state and federal law. Lighting of other parts of the installation, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting properties. Where feasible, lighting of the RMD shall be directed downward and shall incorporate full cut-off fixtures to reduce light pollution.
(2)
Landscaping. Applicant shall submit a Landscape Plan detailing the following:
(a)
All proposed changes to the landscape of the site, including temporary or permanent roads or driveways, grading, area of vegetative clearing, all proposed vegetative screening and/or fencing and planting, exterior lighting and structures;
(b)
Planting design shall include details of the types and size of plant materials. To the extent feasible or practicable, landscaping shall be designed in an environmentally sensitive manner with non-invasive drought-tolerant native plants, so as to reduce irrigation needs and heating and cooling needs;
(c)
All landscaped areas shall be properly maintained and monitored for at least two growing seasons. Shrubs or trees that die shall be replaced by the applicant or property owner within one growing season. The long-term maintenance of approved landscaping shall be the responsibility of the individual or entity identified in the application for facilities maintenance purposes.
(3)
Signage. Signs on a Marijuana Business shall comply with the provisions of Article X of Town of Georgetown Zoning Bylaws and shall be limited to:
(a)
Location, materials and details of proposed signs shall be submitted;
(b)
A sign consistent with a municipality's sign bylaw shall be required to identify the owner and provide a twenty-four-hour emergency contact phone number;
(c)
Facility shall not be used for displaying any advertising except for reasonable identification of the operator;
C.
Land clearing, soil erosion and habitat impacts. Clearing of natural vegetation shall be limited to what is necessary for the construction, operation and maintenance of the Marijuana Business and per best management practices and otherwise prescribed by applicable laws, regulations, and bylaws, particularly but not limited to Town of Georgetown's Chapter 49 Earth Removal and Chapter 57 Erosion and Stormwater Control. The limit of work shall be shown on the submitted Site Plan.
D.
Operation and maintenance. The applicant, owner or operator shall maintain the facility in good condition. The individual or entity responsible for maintenance shall be clearly identified in the application. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. Site access shall be maintained to a level acceptable to the Fire Chief and other public safety officials. The owner or operator shall be responsible for the cost of maintaining the Marijuana Business and any access road(s) and the cost of repairing any damage occurring as a result of operation and construction. The owner and/or operator shall be responsible for all activities identified on said plan until the facility is closed.
E.
Removal and decommissioning.
(1)
Removal requirements. Any Marijuana Business that will be closed, has been closed or is determined to be abandoned in a manner consistent with Article XV of Town of Georgetown's Zoning Bylaw shall be removed. The owner or operator shall have completely physically removed the facility, as it pertains to the interior of the structure and specialized to the use of a Marijuana Business, no more than 150 days after the date of discontinued operations. At least 30 days prior to the proposed date of discontinuation of operations, the owner or operator shall notify the SPGA and the Building Inspector by certified mail of the proposed date of discontinued operations and include plans for removal.
(2)
Decommissioning shall consist of:
(a)
Physical removal of all specialized structures and equipment required for a Marijuana Business facility;
(b)
Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.
[1]
Editor's Note: The Intensity of Use Schedule is included as an attachment to this chapter.