94-7.1.1 Purpose. It is the purpose of this section governing adult entertainment establishments to address and mitigate the secondary effects of adult entertainment establishments and sexually oriented businesses that are referenced and defined herein. Secondary effects have been shown to include increased crime, adverse impacts on public health, adverse impacts on the business climate of the city, adverse impacts on the property values of residential and commercial properties, and adverse impacts on the quality of life in the city. All of said secondary impacts are adverse to the health, safety and general welfare of the city and its inhabitants.

1.

The provisions of this chapter have neither the purpose nor intent of imposing a limitation on the content of any communicative matter or materials, including sexually oriented matter or materials. Similarly, it is not the purpose or intent of this chapter to restrict or deny access by adults to adult entertainment establishments or to sexually oriented matter or materials that are protected by the Constitution of the United States of America or of the Commonwealth of Massachusetts, nor to restrict or deny rights that distributors or exhibitors of such matter or materials may have to sell, rent, distribute or exhibit such matter or materials. Neither is it the purpose or intent of this chapter to legalize the sale, rental, distribution or exhibition of obscene or other illegal matter or materials.

94-7.1.2 Authority. This chapter is enacted pursuant to M.G.L.A. Chapter 40A and pursuant to the Massachusetts Constitution to serve the compelling city interests of limiting the location of and preventing the clustering and concentration of certain adult entertainment establishments for the reasons set forth, above.

94-7.1.3 Locational Requirements. Adult entertainment establishments shall not be located less than 750 feet from the nearest lot line of:

1.

Each other;

2.

Public or private nursery school;

3.

Public or private family day care homes, child care centers, or school aged child care programs;

4.

Public or private kindergartens;

5.

Public or private elementary schools;

6.

Public or private secondary schools;

7.

Playgrounds;

8.

Churches; and

9.

Residential properties or residentially zoned property.

94-7.1.4 Applicability. An adult entertainment establishment may be permitted as set forth in the Table of Use Regulations by special permit by the board of appeals provided a written determination is issued by said board that the special permit decision criteria of section 94-11.6 have been met.

94-7.1.5 Conditions.

1.

In no instance shall the board of appeals issue a special permit to any person convicted or violating M.G.L.A. c. 119, § 63 or M.G.L.A. c. 272, § 28.

2.

No pictures, publications, electronic media, or other implements, items, or advertising that fall within the definition of adult merchandise shall be displayed in store windows or be visible from areas used by the general public.

94-7.2.1 General. No retail or wholesale store, factory or manufacturing plant shall conduct business or operate in a single-family, general residence, apartment, commercial or industrial zone between the hours of 11:00 p.m. and 7:00 a.m.

94-7.2.2 Extended Hours. A special permit to extend the hours of operation between 11:00 p.m. and 7:00 a.m. may be granted by the city council as provided for in this chapter.

94-7.3.1 General. Companies engaging in chemical, genetic, and biomedical research and development will report the nature of their activities to the city board of health to ensure that these activities will be performed in compliance with all applicable safety and public health regulations and guidelines. In all events, biological research requiring BL3 or BL4 containment, as defined by the guidelines for research involving DNA molecules in the federal register, shall not be permitted.

94-7.4.1 Definitions. See section 94-12.0, "Solar energy system".

94-7.4.2 Projects Requiring Solar Energy System. The following projects shall include a solar energy system that is equivalent to a minimum of 50 percent of the roof area of all buildings. In cases where a site includes an uncovered parking structure the structure shall also have a solar energy system installed to cover a minimum of 90 percent of its top level. These projects are:

1.

Residential projects containing ten or more units; including conversions of existing dwellings to contain ten or more units.

2.

Nonresidential or residential projects which involve new construction of 10,000 square feet or more of floor area, or the addition of 10,000 square feet or more of gross floor area.

3.

Projects which involve a change in practical use of an existing building containing 10,000 square feet or more of floor area.

4.

Nonresidential or residential projects which involve the substantial rehabilitation of a structure containing 10,000 square feet or more of floor area, or the addition of 10,000 square feet or more of gross floor area. "Substantial rehabilitation" shall mean expenditure of more than 50 percent of the appraised value of the structure for such work.

94-7.4.3 Solar Energy System Assessment. A solar assessment shall be submitted and the assessment must include, at a minimum:

1.

An analysis for solar energy system(s) for the site detailing layout and annual production.

2.

Include the maximum feasible solar zone area of all structures and potential ground-mounted canopies.

3.

An initial solar energy system assessment shall be submitted with the required application for site plan review under section 94-11.7.

4.

A final solar installation plan must be reviewed and approved by the director of energy and environment prior to the issuance of a building permit.

94-7.4.4 Exemptions. A project will not be required to install a solar energy system on the roof when there is no solar ready zone, or the solar-ready zone is shaded for more than 50 percent of daylight hours annually, or for building conversions with insufficient structural load capacity. Further, in the case of a mixed or ground-mounted installation the requirement may be reduced or waived if the assessment determines there is not a viable location to meet the solar requirement. The determination of the applicability of exemption shall be within the discretion of the director of energy and environment prior to the issuance of a building permit.

94-7.4.5 Location. Emergency access. Solar energy systems shall be located in such a manner as to ensure emergency access to the roof, provide pathways to specific areas of the roof, provide for smoke ventilation opportunities, and provide emergency egress from the roof, as required by the MA Fire Code, as updated.

94-7.4.6 Safety. No roof-mounted solar energy system shall be located in a manner that would cause the shedding of ice or snow from the roof into a porch, stairwell or pedestrian travel area.

94-7.5.1 Purpose. It is the intent of this section to protect and preserve public safety, security, and quiet enjoyment of occupants, abutters, and neighborhoods by:

1.

Requiring all residential, commercial, and industrial property owners, including lenders, trustees, and service companies, to properly maintain vacant and/or foreclosing properties; and

2.

Regulating the maintenance of vacant and/or foreclosing residential, commercial, and industrial properties to prevent blighted and unsecured properties.

94-7.5.2 Enforcement. The building commissioner, pursuant to M.G.L.A. c. 143, § 3, the State Building Code, and the Revised Ordinances of the City of Medford, is hereby designated as the enforcement authority.

94-7.5.3 Definitions. See section 94-12.0, "Vacant and foreclosing properties".

94-7.5.4 Registration of Property; Notice of Foreclosure. All owners shall register vacant and/or foreclosing residential, commercial, or industrial properties with the building commissioner on forms provided by the commissioner. All registrations must state the owner's or agent's phone number and mailing address. The mailing address may not be a post office box. This registration must also certify that the property was inspected by the owner or agent and identify whether the property is vacant at the time of filing. If the property is vacant, the owner or agent shall designate and retain a local individual or local property management company responsible for securing and maintaining the property. This designation shall state the individual's or company's name, phone number and 24-hour emergency contact information, and local mailing address. The mailing address may not be a post office box. If the property is in the process of foreclosure, then the registration shall be filed within seven days of the initiation of the foreclosure process as defined herein. If the commissioner determines that the property is vacant and that foreclosure proceedings have not been initiated, the registration must be received within 14 days of the commissioner's first citation for improper maintenance.

1.

All property registrations are valid for one calendar year. An annual registration fee as determined by the building commissioner shall accompany the registration form. Subsequent annual registrations and fees are due at least 30 days prior to the expiration of the previous registration and must certify whether the foreclosing and/or foreclosed property remains vacant.

2.

Once the property is no longer vacant or is sold, the owner must provide proof of sale or written notice and proof of occupancy to the building commissioner.

94-7.5.5 Maintenance Requirements. Properties subject to this section shall be maintained in accordance with the relevant sanitary codes, building codes, and local regulations concerning external and/or visible maintenance. The owner, local individual or local property management company shall inspect and maintain the property on a monthly basis for the duration of the vacancy.

1.

The name and 24-hour contact phone number of the local individual or property management company responsible for maintenance shall be affixed to the property. This sign shall be posted on the front of the property.

2.

Compliance with this section article does not relieve the owner of any applicable obligations set forth in city ordinances or regulations, covenant conditions and restrictions, and/or homeowners' association rules and regulations.

94-7.5.6 Inspections. The commissioner or designee shall have the authority and the duty to inspect properties subject to this article for compliance and to issue citations for any violations. The commissioner or designee shall have the discretion to determine when and how such inspections are to be made, provided that such policies are reasonably calculated to ensure that this article is enforced.

94-7.5.7 Violations and Penalties.

1.

Failure to register with the commissioner shall be considered a violation of this section and is punishable by a fine of $300.00. Each day that such violation continues shall be considered a separate offense.

2.

Failure to identify the local individual or local property management company shall be considered a violation of this section and is punishable by a fine of $300.00. Each day that such violation continues shall be considered a separate offense.

3.

Failure to maintain the property shall be considered a violation of this section and is punishable by a fine of $300.00. Each day that such violation continues shall be considered a separate offense. Any expenses incurred by the City of Medford relative to securing or maintaining property shall be recoverable by placing a lien on the property.

94-7.5.8 Appeal. Any person aggrieved by the requirements of this section article may seek an administrative appeal by making written application to the board of appeals. The written application must be filed in the office of the board of appeals within 30 days of the imposition of an order or penalty pursuant to section 94-11.4.2. The board of appeals may designate zoning administrator to hear appeals pursuant to this section. Any person aggrieved by a final decision issued under this section may seek relief in any court of competent jurisdiction as provided by the laws of the commonwealth. Any appeal made shall be requested in writing within 30 days of the date of the decision.

94-7.5.9 Regulations. The building commissioner has the authority to promulgate rules and regulations necessary to implement and enforce this section.

94-7.6.1 Purpose. The purpose and intent of this section is to provide for adult use marijuana establishments in the City of Medford in accordance with M.G.L.A. c. 94G and its implementing regulations at 935 CMR 500.000. It is the aim of this section to minimize any adverse impacts that marijuana establishments may have on adjacent or nearby properties and to provide standards for the placement, design, siting, safety, security, monitoring, modification and discontinuance of marijuana establishments subject to reasonable conditions aimed to protect public health, safety and welfare. This section is intended to be used in conjunction with other applicable ordinances of the City of Medford that are designed to encourage appropriate land use and impose reasonable safeguards to govern the time, place and manner of marijuana establishment operations and any business dealings in marijuana accessories in such a fashion as to protect public health, safety, well-being, and to minimize undue impacts on the natural environment.

94-7.6.2 Definitions. See section 94-12.0, "Adult use marijuana establishments".

94-7.6.3 Applicability. This section applies to all marijuana establishments including marijuana cultivators, craft marijuana cooperatives, marijuana product manufacturers, marijuana microbusinesses, independent testing laboratories, marijuana retailers, marijuana transporters, marijuana research facilities, delivery-only licensees, and medical marijuana treatment centers licensed by the commonwealth pursuant to M.G.L.A. c. 94G and M.G.L.A. c. 94I. Nothing in this section shall be construed to supersede federal and state laws or regulations governing the sale and distribution of marijuana.

94-7.6.4 Special Permit Granting Authority. The zoning board of appeals shall be the special permit granting authority (SPGA) in the City of Medford and may grant a special permit for a marijuana establishment in accordance with the standards set forth in this section and the general criteria for granting a special permit contained in section 94-11.6.2 of this chapter. The fee requirement to apply for a special permit shall be set by the building commissioner.

94-7.6.5 General Requirements.

1.

It shall be unlawful for any person or entity to operate a marijuana establishment without obtaining a special permit from the special permit granting authority to operate pursuant to the requirements of this chapter.

2.

A separate special permit is required for each different marijuana establishment. In the case that two or more different types of marijuana establishments are proposed, each establishment type shall require a special permit as defined in this chapter.

3.

An applicant shall be eligible to apply for a special permit upon receipt of a recommendation from the cannabis advisory committee in accordance with this section. No special permit shall be issued until an applicant has successfully negotiated a host community agreement with the city.

4.

The special permit requirements set forth in this chapter shall be in addition to, and not in lieu of, any other licensing and permitting requirements imposed by any other federal, state, or local law or required by the SPGA.

5.

The issuance of a special permit pursuant this chapter does not create an exception, defense, or immunity to any person or entity in regard to any potential criminal liability the person or entity may have for the production, distribution, or possession of marijuana.

6.

A special permit issued for a marijuana establishment is not transferable nor assignable to a different location or to a different type of marijuana establishment.

7.

Marijuana establishments shall comply with applicable state and local laws, regulations, ordinances, codes, conditions and agreements with the city, including, but not limited to, M.G.L.A. c. 94G, M.G.L.A. c. 94I, 935 CMR 500.000, 935 CMR 501.000, the Revised Ordinances of the City of Medford, this chapter, all applicable city building, fire prevention, police, and health codes, regulations and standards, any conditions imposed on licenses and permits held by the marijuana establishment (including, but not limited to those imposed by the SPGA) and agreements between the marijuana establishment and the City of Medford, including host community agreements.

8.

Marijuana establishments shall maintain all permits and licenses required by state and local laws. Any actions voiding the cannabis control commission's license by operation of law (including due to cessation of operations, failure to become operational within the permitted time, or relocation without cannabis control commission approval), and any revocation or suspension of the marijuana establishment's cannabis control commission license shall result in an suspension of the special permit pending hearing or the opportunity therefore afforded to the marijuana establishment and pending further determination by the zoning board of appeals of the city.

9.

All taxes and charges owed to the city must be paid on a current basis. The city may place a lien on the property of any person or entity who has an outstanding balance due the city from any fee, charge or tax, which balance is at least three months past due. The city has adopted the provisions of M.G.L.A. c 40, § 57.

10.

Retail marijuana establishments shall not be managed by any person other than the licensee or their assign. Such licensee or assign shall be on the premises during regular hours of operation and responsible for all activities within the licensed business and shall provide up to date emergency contact information for the City of Medford Police, Fire and Building Department to have on file.

11.

On-site social consumption of marijuana is prohibited at all marijuana establishments as are vending machines and other "self-service" devices.

12.

Pursuant to M.G.L.A. c. 94G, § 5(b)(3), a marijuana establishment shall not be located within 500 feet of a pre-existing public or private school providing education in kindergarten or any of grades 1 through 12. The 500-foot distance shall be measured in a straight line from the nearest point of the property line in question to the nearest point of the property line where the marijuana establishment is or will be located.

13.

All marijuana establishments' licensed operations, with the exception of delivery licenses and marijuana transporters, shall be conducted within a building at a fixed location. A marijuana establishment shall not be located in a trailer, storage freight container, motor vehicle or other similar movable enclosure.

14.

A marijuana establishment may only be involved in the use permitted by its definition. Retail marijuana establishments may only be located in buildings with other uses, including other types of marijuana establishments, if the marijuana establishment is separated by full walls from the other use.

15.

All aspects of a marijuana establishment relative to the cultivation, possession, processing, manufacture, sale, distribution, dispensing or administration of marijuana, marijuana products, or related supplies must take place at a fixed location within a fully enclosed building and shall not be visible from the exterior of the building.

16.

Marijuana establishments may cultivate, process, test, store and manufacture marijuana or marijuana products only within an area that is enclosed and secured in a manner that prevents access by persons not permitted by the marijuana establishment to access the area.

17.

The hours of operation of marijuana establishments and all standards or requirements relating to exterior signs and advertisement shall be those that are set by the marijuana establishment's host community agreement with the city.

18.

Marijuana establishments shall ensure that their hours and methods of transportation of product shall not be a detriment or be a nuisance to the surrounding area and nearby uses.

19.

Marijuana establishments shall not permit any disorder, disturbance, nuisance or illegality under state or local law of any kind on the premises.

20.

Marijuana establishment operations shall not result in illegal redistribution under state or local law of marijuana obtained from the marijuana establishment, or in use of marijuana in any manner that violates state or local law.

21.

Marijuana establishment operations shall not create nuisance conditions in parking areas, sidewalks, streets and areas surrounding its premises and adjacent properties. "Nuisance" includes, but is not limited to, disturbances of the peace, open public consumption of marijuana, excessive pedestrian or vehicular traffic, odors emanating from the marijuana establishment's premises, electrical lighting, illegal drug activity under state or local law, harassment of passersby, excessive littering, excessive loitering, illegal parking, excessive loud noises, excessive citation for violations of state traffic laws and regulations and/or transportation division rules and regulations, queuing of patrons (vehicular or pedestrian) in or other obstructions of the public way (sidewalks and streets), collisions between vehicles, bicyclists, and pedestrians, lewd conduct or police detentions and arrests.

22.

Marijuana establishments may be subject to unannounced, unscheduled, periodic inspections of its premises by the building commissioner or designee, including an agent from the building, health, police and fire departments (which, when conducted by the police department, shall be by a sworn police officer holding the rank of sergeant or higher) at any time during normal business hours to determine the marijuana establishment's compliance with the requirements of applicable state and local laws, regulations, codes.

23.

Marijuana establishments are prohibited from use of on-site self-service displays. Self-service displays are defined to mean displays from which customers may select marijuana or marijuana products without assistance from an employee or store personnel and include vending machines.

24.

All business signage shall be subject to the requirements to be promulgated by the cannabis control commission, the sign ordinance set forth in section 94-6.2 of this chapter and as set forth in the host community agreement.

25.

No drive-through service shall be permitted at a marijuana establishment.

26.

No outside storage of marijuana, marijuana products, or related supplies is permitted.

27.

The consumption of marijuana in the interior or exterior of the premises is not permitted. No marijuana or marijuana product shall be smoked, eaten or otherwise consumed or ingested on the premises where sold. All marijuana establishments permitted in the City of Medford shall comply with all state and local laws, rules and regulations governing the smoking of tobacco.

28.

A marijuana establishment and the owner of the premises where the marijuana establishment is located shall comply with the provisions of M.G.L.A. c 40 § 57.

29.

A marijuana establishment shall be required to remove all marijuana and marijuana products by the earlier of: (a) prior to surrendering its state-issued license or (b) within one month of ceasing operations.

94-7.6.6 Security Plan. An applicant for a special permit pursuant to this section shall, at least 30 days prior to the public hearing on the application, submit a security plan to the Chief of Police of the City of Medford describing adequate and proper security at the premises so as to avoid, deter and prevent illegal activities from taking place upon or about the applicant's premises and to demonstrate that there is limited undue burden on city public safety resources as a result of the proposed business prior to the issuance of a certificate of occupancy. The security plan shall include the details of all security measures for the site and the transportation of marijuana and marijuana products to and from off-site premises to ensure the safety of employees and the public and to protect the premises property from theft or other criminal activity. The applicant shall meet with the chief of police or his designee regarding the applicant's security plan prior to the issuance of the special permit.

94-7.6.7 Emergency Response Plan. An applicant for a special permit pursuant to this section shall submit proposed emergency response plan to the SPGA and shall meet with the Fire Chief of the City of Medford and the Police Chief of the City of Medford prior to the public hearing to discuss and identify emergency plans/contingency plans for the site prior to the issuance of a certificate of occupancy. The emergency response plane shall include but not be limited to a description of the work, tasks and activities to take place on the premises, and a plan to implement proper protocols and take proper steps so as to prevent hazardous activities from taking place upon or about the premises. A written emergency response plan shall be filed with the Medford Fire Department and the Medford Police Department pursuant to M.G.L.A. c. 94G, § 12. Marijuana establishments shall comply with 527 CMR 1.00 et seq. and with Chapter 38 of the NFPA 1 (2018), as they may be amended, and as applicable.

94-7.6.8 Disposal and Odor Control Plans. An applicant for a special permit pursuant to this section shall submit plans for waste disposal, trash pick-up and rubbish removal that serve the marijuana establishment. All trash pick-up and rubbish removal shall be provided by a private rubbish removal service and the City of Medford shall not be required to provide any trash pick-up or rubbish removal for the marijuana establishment. The marijuana establishment shall comply with all applicable federal, state and local laws, regulations, rules and ordinances pertaining to the disposal of trash or refuse from the marijuana establishment and any other conditions required by the Director of the City of Medford Health Department. This shall include but not be limited to Massachusetts Waste Disposal Regulations set forth in 310 CMR 19.017 et seq.

1.

Cultivation or product manufacturing. An applicant for a special permit to engage in cultivation or product manufacturing pursuant to this section shall submit an odor control plan that provides for proper and adequate ventilation at such facilities in such a manner so as to prevent pesticides, insecticides or other chemicals used in the cultivation or processing of marijuana or marijuana related products from being dispersed or released outside the facilities. All resulting odors, smoke, vapor, fumes, gases and particulate matter from marijuana or its processing or cultivation shall be effectively confined to the premises or so disposed of so as to avoid any air pollution and so that no odor of marijuana or its processing can be detected by a person with an unimpaired and otherwise normal sense of smell at the exterior of the facility or at any adjoining use or property and to minimize any adverse impacts to human beings, the environment and abutting properties from odor-emitting activities to be conducted on-site.

2.

The applicant shall additionally provide the Director of the City of Medford Health Department copies of all documents submitted under this subsection for review and comment.

94-7.6.9 Environmental Impact Plan. An applicant for a special permit pursuant to this section shall submit a plan to reduce the impact of its intended activity on the environment. The applicant shall additionally provide the Director of Energy and Environment of the City of Medford copies of all documents submitted under this section for review and comment.

94-7.6.10 Application Procedure and Submission Requirements. An applicant for a special permit shall submit a standard application or form along with all materials as required by the SPGA. In addition, each applicant shall submit the following materials:

1.

Payment for publication and mailing of notice of the date, time and place of the hearing on the petition for a special permit before the SPGA to the owners of all property within 750 feet of the property line of the location of the proposed marijuana establishment as it appears on the most recent tax list maintained by the Assessor's Office of the City of Medford. The city shall also provide notice generally to the residents of the City of Medford by way of a telephone call or a text message that uses a computerized autodialer to deliver a pre-recorded message or its equivalent no less than 14 days prior to the hearing on the petition for a special permit setting forth the date, time and place of the hearing. The applicant shall be responsible for any cost associated with such notice.

2.

The applicant shall submit proof of site control and right to use the premises proposed for the marijuana establishment and may include a deed, notarized statement from the property owner and a copy of the lease agreement, or real estate contract contingent upon successful licensing, or a letter of intent by the owner of the premises indicating intent to lease the premises to the applicant contingent upon successful permitting.

3.

In addition to complying with any other state or city requirement related to good character and criminal background, any person or entity proposed to have interests in the license to operate a marijuana establishment shall not have committed any marijuana licensing violation affecting public safety or received any suspension or revocation of any other state or local marijuana business licenses.

4.

A statement signed by the applicant's chief executive officer disclosing all of its designated owners, including officers, directors, partners, managers, or other similarly situated individuals. If any of the above are entities rather than persons, the applicant must disclose the identity and current contact information of all responsible individuals.

5.

A detailed description of the proposed activities to occur on site in relation to the standard special permit criteria set out in section 94-11.6.2 of this chapter and specific requirements set forth in this section.

6.

The applicant shall submit a security plan to the Medford Police Chief to demonstrate that there is limited undue burden on city public safety officials as a result of the proposed business prior to the issuance of a certificate of occupancy.

7.

The applicant shall submit an operation and management plan with an additional copy to the building commissioner and the director of the board of health.

8.

The applicant shall submit a copy of an emergency response plan with an additional copy to the Police Chief and the Fire Chief of the City of Medford.

9.

The applicant shall submit a copy of the disposal and odor control plan with an additional copy to the director of the health department.

94-7.6.11 Special Permit; Additional Findings. In addition to the findings for a special permit in section 94-11.6.2 of this chapter, the SPGA must also make the following findings:

1.

The applicant demonstrates that the marijuana establishment will meet all of the permitting requirements of all applicable agencies within the commonwealth and will be in compliance with all applicable state laws and regulations, including, but not limited to M.G.L.A. c. 94G, § 12 General Marijuana Establishment Operation.

2.

The applicant has satisfied all of the conditions and requirements of this section and other applicable sections of this chapter and any applicable city ordinances.

3.

The facility provides adequate security measures to ensure that there are not direct threats to the health or safety of employees, staff, or members of the public and that storage and location of cultivation is adequately secured.

4.

The marijuana establishment does not derogate from the purposes and intent of this section and this chapter.

5.

The application information submitted is adequate for the SPGA to consider approving the special permit request.

6.

The proposed establishment is designed to minimize any adverse impacts on human beings, the environment and abutting properties.

7.

The security plan provides sufficient assurance that adequate security controls have been implemented to ensure the protection of the public health and safety during hours of operation and that any marijuana or marijuana related products are adequately secured on-site or via delivery.

8.

The operation and management plan includes all required components and can be implemented to meet the requirements of this section.

9.

The emergency response plan includes all required components and can be implemented to meet the requirements of this section.

10.

The disposal and odor control plan includes all required components and can be implemented to meet the requirements of this section.

11.

The SPGA may require a marijuana establishment to post a bond or other resources held in an escrow account in an amount sufficient to adequately support the dismantling and winding down of the marijuana establishment.

12.

No special permit shall be issued by the SPGA until an applicant has submitted proof of an executed host community agreement with the City of Medford.

94-7.6.12 Requirements Specific to Marijuana Cultivation Facilities. As the cultivation and processing of marijuana is not considered agriculture under M.G.L.A. c. 128, § 1A, and is subject to M.G.L.A. c. 94G, § 12, the following restrictions to ensure the health, safety, well-being of the public, and limit undue impacts on the natural environment as it relates to cultivation, shall apply:

1.

All marijuana cultivators shall use high-efficiency lights and equipment to limit energy and water usage demand.

2.

All marijuana cultivators shall use LEDs for all fixtures except for those that are used in flowering rooms. High pressure sodium grow lights may be used for no more than 50 percent of the total square footage of the cultivation area to maximize flowering conditions and limit electricity demand.

3.

No pesticides, insecticides, or other chemicals shall be used in the cultivation of marijuana. marijuana cultivators shall use the best practices to prevent pests and contamination as set forth in 935 CMR 500.120(9).

4.

Marijuana cultivators shall comply with all regulations that may be promulgated by the cannabis control commission.

94-7.6.13 Requirements Specific to Marijuana Product Manufacturers. Marijuana product manufacturers shall be subject to M.G.L.A. c. 94G, § 12 and the following restrictions to ensure the health, safety, and well-being of the public, and limit any undue impacts on the natural environment as it relates to manufacturing, shall apply:

1.

All marijuana product manufacturers shall use high-efficiency lights and manufacturing equipment to limit energy and water usage demand.

2.

All marijuana product manufacturers shall comply with all regulations that may be promulgated by the cannabis control commission.

94-7.6.14 Requirements Specific to Independent Testing Laboratories.

1.

All independent testing laboratories shall use high-efficiency lights and equipment to limit energy and water usage demand.

2.

Independent testing laboratories shall be subject to the requirements of M.G.L.A. c. 94G, § 15 and any regulations that the cannabis control commission may promulgate thereunder to ensure there are no undue impacts on the health, safety, and well-being of the public.

94-7.6.15 Requirements Specific to Marijuana Retailers. Marijuana retailers shall be subject to M.G.L.A. c. 94G, § 12 and the following restrictions to ensure there are no undue impacts on the health, safety, and well- being of the public:

1.

As defined in M.G.L.A. c. 94G the number of marijuana retailers shall be limited to no more than 20 percent of the number of licenses issued within the city for the retail sale of alcoholic beverages not to be drunk on the premises where sold under M.G.L.A. c. 138, § 15. In accordance with M.G.L.A. c. 94G, on the effective date of this section the number of marijuana retailers shall be limited to no more than three except that this limitation shall not include delivery only licensees.

2.

All marijuana retailers shall comply with all regulations that may be promulgated by the cannabis control commission.

3.

Marijuana retailers shall not sell marijuana or permit marijuana, as defined herein, to be sold to a person under the minimum legal sales age; or give, gift or transfer marijuana or marijuana products as defined herein, to a person under the minimum legal sales age.

4.

Marijuana retailers when selling or distributing marijuana or marijuana products as defined herein, shall verify the age of the purchaser by means of a valid government-issued photographic identification containing the bearer's date of birth and showing that the purchaser is 21 years of age or older.

5.

All retail sales of marijuana or marijuana products shall be face-to-face between the seller and the buyer and occur only at the permitted location.

6.

Marijuana retailers shall only be permitted in the C2 and Industrial Zoning Districts as specified in the Table of Uses.

7.

Marijuana retailers shall not exceed 10,000 square feet in retail floor space.

94-7.6.16 Unlawful Acts.

1.

It shall be unlawful for any person to operate any marijuana establishment in the city without a valid license issued by the state licensing authority under the M.G.L.A. c. 94G.

2.

When a marijuana establishment has received a renewal license from the state, the business shall submit a copy to the city clerk, chief of police, fire chief, building commissioner and the director of the board of health within 30 days of receipt.

3.

It shall be unlawful for any person to operate any marijuana establishment without a special permit from the SPGA.

4.

No person shall gift marijuana or marijuana products to a consumer contingent upon the sale of any other products.

5.

No person shall accept or redeem, offer to accept or redeem, or cause or hire any person to accept or redeem or offer to accept or redeem any coupon that provides marijuana or a marijuana product without charge.

94-7.6.17 Compliance. A special permit held by a marijuana establishment under this chapter is conditional on the holders continued compliance with all requirements and conditions that apply to the special permit and to its compliance with all applicable local ordinances, state and federal laws and regulations. A violation by a marijuana establishment that holds a special permit of all requirements and conditions that apply to the special permit and with all applicable local ordinances, state and federal laws and regulations shall be good cause for and may result in a penalty of $300.00 per violation. Each day the violation continues shall be deemed a separate offense.

94-7.7.1 Purpose. The purpose of this section is to establish regulations and procedures for wireless telecommunications facilities (WTF) so as to allow and encourage such uses in the City of Medford with minimal harm to the public health, safety, and general welfare. Specifically, the purposes of this section are to:

1.

Protect and preserve the visual and civic quality of the city, including, but not limited to, the scenic, historic, environmental, natural and man-made resources, residential areas and land uses from potential adverse impacts of wireless communications facilities;

2.

Encourage the location of telecommunications facilities in nonresidential areas;

3.

Minimize the overall number and height of such facilities throughout the community;

4.

Encourage facilities to be located in areas where the adverse impact will be minimal on adjacent properties and residential neighborhoods;

5.

Encourage facilities to be configured in ways that minimize the adverse visual impact of the facilities through careful design, siting, landscape screening, and innovative camouflaging techniques;

6.

Enhance the ability of the providers of WTF to provide such services to the community quickly, effectively, and efficiently;

7.

Avoid potential damage to adjacent properties from tower and antenna failure through sound engineering and careful siting of structures; and

8.

Guide sound development while promoting the health, safety and general welfare of the City of Medford consistent with all applicable local, state, and federal laws.

94-7.7.2 Applicability. The provisions of other sections of this chapter notwithstanding, the regulations and restrictions set forth herein shall apply to the placement, construction, installation, modification, monitoring and removal of wireless telecommunications facilities. No WTF shall be placed, constructed, installed, or modified within the City of Medford on or after the date of enactment of this section, except in accordance with the provisions of this section.

1.

Facilities permitted by right. A concealed WTF may be installed in a structure on a lot in a nonresidential district provided all the requirements for a building permit are met.

2.

Facilities by special permit. All other WTFs shall require the issuance of a special permit by the zoning board of appeals, referred to in this section as the special permit granting authority (SPGA).

94-7.7.3 Exemptions. The following shall be exempt from the provisions of this section:

1.

Amateur radio towers used in accordance with the terms of any amateur radio service license issued by the Federal Communications Commission, provided that: (1) the tower is not used or licensed for any commercial purpose; (2) the tower must have a cost or replacement value of less than $10,000.00; and (3) the tower must be removed if the use is discontinued for six months or longer.

2.

Communications facilities used for the purposes set forth in M.G.L.A. c. 40A, § 3.

3.

Facilities used for noncommercial city or state public safety purposes.

4.

Licensed commercial mobile radio services primarily used in support of the licensee's own business purpose, provided that (i) such services are not used as a dispatching or communication service for third parties and (ii) any facilities used in connection therewith may not exceed the maximum height allowed under section 94-4.0. Examples include, but are not necessarily limited to: commercial mobile radio services used by a taxi or limousine company to communicate with its vehicles and repair, service, delivery, towing and fuel delivery companies communicating with their respective vehicles.

94-7.7.4 Location. WTFs shall be located according to the following priorities. Applicants shall demonstrate that they have investigated locations higher in priority ranking than the one for which they are applying and whether such sites are available and, if applicable, under what conditions. The priorities are:

1.

Within an existing structure concealed.

2.

On industrial or commercially zoned land.

3.

Within an existing structure and camouflaged.

4.

Camouflaged on an existing structure, such as but not limited to an existing electric transmission tower or an existing radio antenna, a water tower, or building, and of a compatible design.

5.

Co-located with an existing WTF.

6.

On City of Medford owned land which complies with other requirements of this section and where visual impact can be minimized and mitigated.

7.

If adequately demonstrated to the SPGA in the special permit process that each of the priorities set forth above is not feasible, erection of a new facility that complies with the other requirements of this section and where visual impact can be minimized and mitigated.

94-7.7.5 Height. Towers and/or mountings shall be designed to structurally accommodate the maximum number of foreseeable users (within a ten-year period) technically practical;

1.

Ground-mounted facilities. The maximum height of a ground mounted WTF shall not exceed 100 feet.

2.

Roof-mounted facilities. A roof-mounted WTF shall not project more than 15 feet above the height of the building or structure on which they are mounted nor project more than 15 feet above the height limit of the zoning district within which the facility is located, whichever is less.

3.

Side-mounted facilities. A side-mounted WTF shall not project above the parapet of the building or top of any wall or structure on which they are mounted.

4.

Side and roof-mounted WTFs shall not be allowed on a building or structure of less than two stories.

94-7.7.6 Setbacks.

1.

Ground-mounted facilities. Any new ground mounted WTF shall be set back at least one time the height of the WTF plus ten feet from each lot line of the site on which the WTF is located.

2.

Non-concealed antenna. Any non-concealed antenna shall be set back at least one time the height of the antenna, as measured from the ground level, from each lot line of the site on which the antenna is located. However, if the antenna is being attached to an existing tower whose setback is already approved, either by right, by special permit or by variance, and if the SPGA determines that the addition of the antenna does not materially alter the basis of that prior approval, then no new, independent setback requirement shall be created by the addition of the antenna.

3.

Reduction of setback. In nonresidential districts or on City of Medford owned land, the SPGA may grant a special permit to allow a lesser setback if it makes a finding that such lesser setback provides adequate safety, promotes co-location or improves design, and Is consistent with and not in derogation of the size, scale, and design of other structures in the neighborhood and eliminates and mitigates against development impacts on adjacent residential uses and neighborhoods.

94-7.7.7 Screening and Landscaping.

1.

Existing on-site vegetation shall be preserved to the maximum extent practical.

2.

To the maximum extent feasible, facilities shall minimize adverse visual effects on the environment. The SPGA may impose reasonable conditions to ensure this result, including landscaping, painting, and lighting standards.

3.

Satellite dishes and/or antennas shall be situated on a structure in the least obtrusive location feasible, preferably with limited visibility from abutting streets.

94-7.7.8 Miscellaneous Standards.

1.

To the maximum extent feasible, all network interconnections from the communications site shall be via underground lines.

2.

Traffic associated with the WTF shall not adversely affect abutting ways.

3.

Night lighting of any WTF shall be prohibited unless required by the Federal Aviation Administration.

4.

There shall be no signs associated with facilities, except for small instructional signs, "No Trespassing" signs, and a required sign giving a phone number where the owner can be reached on a 24-hour basis. All signs shall conform to the provisions of section 94-6.2 of this chapter.

5.

Roof-mounted personal wireless service facilities shall not individually or in the aggregate have a front surface area facing surrounding streets and adjacent properties that exceeds 50 square feet in area.

94-7.7.9 Prohibitions. The following shall be prohibited:

1.

Lattice style towers, guyed towers and other WTFs requiring three or more legs and/or guy wires for support shall not be allowed.

2.

Advertising signs shall not be allowed.

3.

Fences using razor wire or barbed wire or similar types shall not be allowed.

4.

A WTF shall not be located on a nonconforming building or structure, unless zoning relief is granted to extend, alter or change the building or structure in accordance with M.G.L.A. c. 40A, § 6 and section 94-5.0 of this chapter.

94-7.7.10 Justification of Need. The following standards shall apply in the issuance of any special permit for a WTF and shall be prepared by a licensed professional engineer:

1.

Coverage area. The applicant shall provide a map of the geographic area in which the proposed facility will provide adequate coverage.

2.

Adequacy of other facility sites controlled by the applicant. The applicant shall provide written documentation of any facility sites in the city and in abutting towns or cities in which it has a legal or equitable interest, whether by ownership, leasehold or otherwise. Said documentation shall demonstrate that these facility sites do not already provide, or do not have the potential to provide by site adjustment, adequate coverage.

3.

Capacity of existing facility sites. The applicant shall provide written documentation that it has examined all facility sites located in the town and in abutting towns in which the applicant has no legal or equitable interest to determine whether those existing facility sites can be used to provide adequate coverage.

4.

Adequate coverage through the least disruptive means. The applicant shall provide written documentation that the proposed facility uses the least disruptive technology (through the use of repeaters or other similar technology as it may be developed subsequent to adoption of this section) in which it can provide adequate coverage in conjunction with all facility sites listed above.

94-7.7.11 Application; Procedures. The applicant or co-applicant for any permit for a WTF must be a licensed carrier who has authority from the FCC to provide wireless communications services for the facility being proposed. The applicant shall submit documentation of the legal right to install and use the proposed facility mount at the time of the filing of the application for the permit and the following additional information:

1.

A color photograph or rendition of the proposed equipment and mountings. A rendition or computer-simulated photograph shall also be prepared illustrating the WTF at the proposed location, viewed from at least two prominent locations along the surrounding rights-of-way.

2.

A description of the proposed equipment and mountings.

3.

A justification of need, as defined in section 94-7.1.10 above.

4.

Confirmation that the WTF complies with all applicable federal and state standards.

5.

A description of the capacity of the WTF, including the number and type of panels, antennas and/or transmitter receivers that it can accommodate and the basis for these calculations.

6.

A map and list describing all of the applicant's current and expected future sites for WTFs in the city.

7.

A locus plan at a scale of 1" = 40' showing the exact location of the proposed WTF and all property lines, streets, landscape features, residential dwellings, and buildings within 300 feet of the facility.

94-7.7.12 Regulations. The SPGA shall maintain a set of regulations that contains the necessary policies, procedures, and standards to implement the provisions of this section.

94-7.7.13 Special Permit Criteria. A special permit shall be granted under this section only if the SPGA shall find that the project is in harmony with the general purpose and intent of this section and the SPGA's regulations. In addition, the SPGA shall make the findings required by section 94-11.6 of this chapter and the following additional findings:

1.

That the applicant is not already providing adequate coverage or is unable to maintain adequate coverage without the special permit;

2.

That the applicant is not able to use existing facility sites either with or without the use of repeaters to provide adequate coverage;

3.

That the proposed WTF minimizes any adverse impact on historic resources, scenic views, residential property values, and natural or man-made resources;

4.

That the applicant has agreed to implement all reasonable measures to mitigate the potential adverse impacts of the facilities;

5.

That the WTF shall comply with the appropriate FCC regulations regarding emissions of electromagnetic radiation and that the required monitoring program is in place and shall be paid for by the applicant; and

6.

That the applicant has agreed to rent or lease available space on any tower it controls within Medford or its contiguous towns, under the terms of a fair market lease, without discrimination to other wireless service providers.

94-7.7.14 Conditions. If a special permit is granted, in addition to such terms and conditions as may be authorized by section 94-11.6 of this chapter, the SPGA may impose such additional conditions and safeguards as public safety, welfare and convenience may require.

94-7.7.15 Denial. Any decision by the SPGA to deny a special permit under this section shall be in conformance with the Telecommunications Act, in that it shall be in writing and supported by substantial evidence contained in a written record.

94-7.7.16 Term of Permit. In its informed discretion, the SPGA may limit the special permit to a fixed or conditional period of time as it may determine appropriate. At the end of the approved time period, the facility shall be removed by the carrier or a new special permit shall be required.

94-7.7.17 Report. All permitted and special permitted wireless communications facility carriers shall periodically file with the SPGA, every five years (or sooner if specified in a special permit), on operational aspects of the facility including: power consumption; power radiation; frequency transmission; the number, location, and orientation of antennas; and types of services provided.

94-7.7.18 Removal Requirements. Any WTF that ceases to operate for a period of one year shall be removed. Cease to operate is defined as not performing the normal functions associated with the WTF and its equipment on a continuous and ongoing basis for a period of one year. At the time of removal, the facility site shall be remediated such that all WTFs that have ceased to operate are removed. If all ground mounted facilities have ceased to operate, the mount (including the foundation) shall also be removed and the site shall be revegetated by the owner. Existing trees shall only be removed if necessary to complete the required removal. The applicant shall, as a condition of the special permit, provide a financial surety or other form of financial guaranty acceptable to the SPGA, to cover the cost of removal of the facility and the remediation of the landscape, should the facility cease to operate.