Littleton City Zoning Code
ARTICLE XXVII
Registered Marijuana Dispensaries
§ 173-186 Purposes.
A.
To provide for the limited establishment of a Registered Marijuana Dispensary ("RMD") in a suitable location and under strict conditions.
B.
To regulate the siting, design, placement, safety, monitoring, modification and removal of any RMD that may be located within the Town.
C.
To minimize the adverse impacts of any RMD on the Town, nearby properties, residential neighborhoods, schools and other places where minors congregate, local historic districts, and other land uses incompatible with said facilities.
D.
To limit the overall number of RMDs in the Town to the minimum required by applicable law.
§ 173-187 Applicability.
§ 173-188 Siting.
The Registered Marijuana Dispensary Overlay District is hereby established as an overlay district that shall include Assessors' Parcel R18-6-0 (500 Great Road) and those certain parcels within the Industrial A (IA) Zoning District as are shown on the map entitled "Registered Marijuana Dispensary Overlay District Zoning Map" dated March 17, 2014, on file with the Town Clerk and hereby made a part of this chapter. A RMD may be sited within the Registered Marijuana Dispensary Overlay District only, subject to the provisions of this Article.
§ 173-189 Administration and procedure.
A.
A RMD may be allowed within the Registered Marijuana Dispensary Overlay District by special permit from the Planning Board (the "SPGA") in accordance with M.G.L. c.40A, § 9, only subject to the procedures, regulations, requirements, conditions and limitations set forth herein. Only an applicant holding a valid Certificate of Registration from the Department of Public Health (DPH) is eligible to apply for a special permit pursuant to this Article.
B.
Applicants for a special permit pursuant to this Article XXVII are strongly encouraged to meet with the SPGA at a public meeting to discuss the proposed application for a new RMD and to discuss in general terms of the proposed RMD prior to the formal submission of an application.
C.
In addition to the standard Special Permit Application form, an applicant for a special permit under this Article shall also submit the following:
(1)
A copy of its Certificate of Registration from the Massachusetts Department of Public Health.
(2)
A copy of any waivers of regulations that the Department of Public Health has issued to the applicant.
(3)
Copies of all policies and procedures approved by the Department of Public Health, including without limitation the RMD's operating procedures pursuant to 105 CMR 725.105(A).
(4)
The source or sources of all marijuana that will be sold or distributed at the proposed RMD, if applicable.
(5)
The quantity of marijuana that will be cultivated, processed, and/or packaged at the RMD, if applicable.
(6)
Names and addresses of each owner of the RMD and, where the owner is a business entity, the names and addresses of each owner of the business entity.
(7)
If applicable, a copy of the applicant's Articles of Organization, a current Certificate of Legal Existence from the Commonwealth, and the most recent annual report.
(8)
Copies of all licenses and permits issued to the applicant by the Commonwealth of Massachusetts and any of its agencies.
(9)
Evidence that the applicant has site control and the right to use the proposed site as a RMD. Such evidence shall be in the form of a deed, purchase and sale agreement, lease, or other legally binding document.
(10)
In addition to what is otherwise required to be shown on a site plan pursuant to Article IV, the applicant shall provide details showing all exterior proposed security measures for the premises, including but not limited to lighting, fencing, gates and alarms to ensure the safety of employees and patrons and to protect the premises from theft or other criminal activity. The site plan shall further delineate various areas of the RMD (indoors and outdoors) such as public access areas, employee only access areas, storage, cultivation, preparation, waste disposal, administrative, transportation, loading and parking areas. Site plans and/or application narrative shall contain sufficient information so that the SPGA can evaluate the design and operational standards contained in this Article XXVII.
D.
Upon the filing of the special permit application with the SPGA, the applicant shall simultaneously deliver copies of the application to the Select Board, the Building Commissioner, the Board of Health, the Police Department and the Fire Department.
§ 173-190 Special permit requirements.
A.
No RMD shall be located within 1,500 feet of any lot containing a school; licensed child care facility; public park, playground, athletic field or other public recreational land or facility; any use or facility where persons under the age of 18 commonly congregate to participate in scheduled or structured activities; religious facility; drug or alcohol rehabilitation facility; correctional facility, half-way house or similar facility; or any other RMD. For purposes of this section, distances shall be measured from the nearest property line containing one of the listed uses to the nearest point of the building in which the RMD is located.
B.
The SPGA may reduce the minimum distance requirement in Section 173-189.A as part of the issuance of a Special Permit in the following instances only:
(1)
Renewal of a Special Permit for an existing RMD where the use described in Section 173-189.A has been established after issuance of the original Special Permit.
(2)
Change of permit holder for an existing RMD where the use described in Section 1733-188.A has been established after issuance of the original Special Permit.
(3)
The applicant demonstrates to the satisfaction of the SPGA that application of Section 173-189.A will effectively prohibit the placement of a RMD within the Town.
C.
A special permit for a RMD shall be limited to one or more of the following uses:
(1)
Cultivation of Marijuana for Medical Use;
(2)
Processing and packaging of Marijuana for Medical Use, including Marijuana that is in the form of smoking materials, food products, oils, aerosols, ointments, and other products;
(3)
Retail sale or distribution of Marijuana for Medical Use to Qualifying Patients.
Any use involving any one of these activities is considered a RMD. |
D.
Only one RMD shall be permitted within Town.
E.
The RMD shall be designed such that all processing, cultivation and storage of marijuana shall be conducted indoors. No materials, plants, equipment, supplies or byproducts shall be visible from outside of the premises/building. With the exception of loading areas, no operations shall be visible by the public.
F.
No smoking, burning, or consumption of any product containing Marijuana shall be permitted at the RMD.
G.
All shipping and receiving areas shall serve the RMD exclusively. In the case of a multi-use or multi-tenant site, the RMD shall be laid out and designed to ensure separation from other uses or tenants at the site.
H.
The RMD shall have adequate water supply, stormwater systems, sewage disposal, and surface and subsurface drainage.
I.
Adequate lighting, including night lighting that provides for monitoring or building and site security.
J.
The RMD shall post at a conspicuous location at the public entrance a sign that states "Registration card issued by the MA Department of Public Health required." The required text shall be a minimum of two inches in height. Signage shall otherwise be limited to that which is permitted under 105 CMR 725.100(L) and the Town's sign bylaw.
K.
The RMD shall provide and keep up to date contact information as required by the Chief of Police and Building Commissioner such as name, telephone number and electronic mail address of a contact person who must be available 24 hours a day, seven days a week.
L.
No special permit shall be issued to a person who has been convicted of a felony or a violation of a state or federal statute prohibiting the unlawful possession, sale or distribution of narcotic drugs or prescription drugs. Further, no special permit shall be issued to any entity in which an owner, shareholder, member, officer, manager or employee has been convicted of a felony or violation of a state or federal statute prohibiting the unlawful possession, sale or distribution of narcotic drugs or prescription drugs.
§ 173-192 Special permit approval criteria.
The SPGA may issue a special permit for a RMD only if it finds that the project satisfies the requirements of § 173-7.C, this Article XXVII, and the following additional special permit criteria:
A.
In the case of retail sale or distribution, the proposed use would serve a demonstrated demand that is currently unmet within the area.
B.
The RMD is fully permitted by all applicable agencies within the Commonwealth of Massachusetts and is in compliance with all State laws and regulations.
C.
The proposed use is designed to minimize any adverse impacts on the on the residents of the Town.
D.
The RMD contains a secure indoor waiting area for qualifying patients.
E.
The storage and/or location of cultivation of Marijuana is adequately secured in enclosed, locked facilities within the RMD.
F.
The RMD adequately addresses issues of vehicular and pedestrian traffic, circulation, parking and queuing, especially during peak periods at the facility, and adequately mitigates the impacts of vehicular and pedestrian traffic on neighboring uses.
§ 173-193 Special permit conditions.
A.
The SPGA may impose reasonable conditions to improve site design, traffic flow, public safety, water quality, air quality, protection of significant environmental resources and the preservation of community character of the surrounding area including, without limitation, the following:
(1)
Minimization of the impacts of increased noise and traffic.
(2)
Imposition of security precautions related to the high value of products and case transactions.
(3)
Deterring the presence of unauthorized or ineligible persons at, or near, the RMD.
(4)
Imposition of measures to prevent diversion of marijuana.
(5)
Conditions related to the design and construction of the facility to improve safety, security and conformance with community character.
B.
The SPGA shall include conditions concerning the following in any special permit granted pursuant to this Article:
(1)
Hours of operation, including dispatch for any home delivery.
(2)
The reporting of any incidents to the Building Commissioner and Planning Board as required pursuant to 105 CMR 725.110(f) within 24 hours of their occurrence. Such reports may be redacted as necessary to comply with any applicable state or federal laws or regulations.
(3)
The reporting of any cease and desist order, quarantine order, suspension order, limiting sales order, notice of hearing or final action by the Department of Public Health or the Division of Administrative Law Appeals, as applicable, regarding the RMD to the Building Commissioner and the SPGA within 48 hours of the applicant's receipt.
C.
The issuance of a special permit pursuant to this Article shall also be subject to the following:
(1)
The special permit shall expire within five years of the date of issue. If the applicant wishes to renew the special permit, an application to renew must be submitted at least 120 days prior to the expiration of the special permit.
(2)
Special permits shall be limited to the original applicant(s) and shall expire on the date the special permit holder ceases operation of the RMD.
(3)
The holder of a special permit shall annually file an affidavit with the Building Commissioner demonstrating that it is in good standing with respect to its Certificate of Registration from the Department of Public Health and any other applicable State licenses.
(4)
The holder of a special permit shall notify the Building Commissioner and the SPGA in writing within 48 hours of the cessation of operation of the RMD or the expiration or termination of the permit holder's Certificate of Registration from the Department of Public Health.
(5)
Special permits shall lapse upon the expiration or termination of an applicant's Certificate of Registration from the Department of Public Health.