North Reading City Zoning Code
ARTICLE XXIV
Registered Marijuana Dispensaries
§ 200-137 Purpose.
The purpose of this article is to provide for the placement of registered marijuana dispensaries in accordance with Chapter 369 of the Acts of 2012, An Act for the Humanitarian Use of Marijuana for Medical Purposes, and 105 CMR 725.000: Implementation of an Act for the Humanitarian Medical Use of Marijuana; to minimize the adverse impacts of registered marijuana dispensaries on adjacent properties, residential neighborhoods, schools and other places where children congregate, and other land uses potentially incompatible with said registered marijuana dispensaries; and to regulate the siting, design, placement, security, safety, monitoring, modification, and removal of registered marijuana dispensaries.
§ 200-138 Authority.
The special permit granting authority is empowered to review and take action on special permit applications for registered marijuana dispensaries consistent with the procedures established in subsection § 200-143 of this article. The special permit granting authority may deny, grant, or grant with conditions all such applications.
§ 200-139 Definitions.
Terms used herein not defined within this article shall be as defined in 105 CMR 725.004.
The same substance defined as "marihuana" under MGL c. 94C, and in Chapter 107 of the Code of North Reading.
A not-for-profit entity, as defined by Massachusetts law only, registered under this article, that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their personal caregivers. These facilities shall be located inside a structure or building.
§ 200-140 Applicability.
A.
The commercial cultivation, production, processing, assembly, packaging, retail or wholesale sale, trade, distribution or dispensing of marijuana for medical use is prohibited unless permitted as a registered marijuana dispensary under this Article XXIV.
B.
No registered marijuana dispensary shall be established except in compliance with the provisions of this Article XXIV.
C.
Nothing in this article shall be construed to supersede federal or state laws governing the sale and distribution of narcotic drugs.
D.
If any provision of this Article XXIV or the application of any such provision to any person or circumstance shall be held invalid, the remainder of this Article XXIV, to the extent it can be given effect, or the application of those provisions to persons or circumstances other than those to which it is held invalid, shall not be affected thereby, and to this end the provisions of this Article XXIV are severable.
§ 200-141 Eligible locations.
A.
A registered marijuana dispensary may be allowed by special permit granted by the special permit granting authority, provided it meets the requirements in this Article XXIV and is:
(1)
Located entirely within the Industrial Office (IO) Zoning District;
(2)
In a stand-alone, single-use building or structure;
(3)
At least 1,000 feet from any school, park or playground.
(4)
At least 500 feet from any residential zoning district, including the Berry Center Residential Smart Growth Overlay District; church, temple or similar place of worship; child-care facility; library; or any other facility where children commonly congregate not listed above, including but not limited to dance schools, gymnastics schools, facilities offering tutoring or school instruction, and commercial establishments that host children’s parties. The distances referred to in this subsection are measured in a straight line from the nearest point of the property line of the protected uses identified above to the nearest point of the property line of the proposed registered marijuana dispensary.
B.
The commencement of one or more of the above uses (i.e., schools, child care, and the like) within 500 feet of a proposed RMD location, or the creation of a new residential zoning district within 1,000 feet of a proposed RMD location, during the review of a special permit application for an RMD (beginning on the date of submittal), following the issuance of a special permit, or following the commencement of the RMD use shall not invalidate the RMD use, the special permit issued therefor, or the authority to renew any unexpired or unrevoked special permit.
C.
A registered marijuana dispensary shall not be located in a building that contains any medical doctor offices or the offices of any other professional practitioner authorized to prescribe the use of medical marijuana.
D.
No registered marijuana dispensary shall be located inside a building containing a dwelling unit, multifamily dwelling or any other residential units, including transient housing such as motels and dormitories, or inside a movable or mobile structure such as a van or truck or a mobile home.
§ 200-142 General regulations.
A.
All registered marijuana dispensaries shall be contained within a building or structure.
B.
No registered marijuana dispensary shall have a gross floor area of less than 2,500 square feet or in excess of 20,000 square feet.
C.
The hours of operation of registered marijuana dispensaries shall be set by the special permit granting authority, but in no event shall said facilities be open for business to qualified patients and caregivers, as authorized by 105 CMR 725.000, between the hours of 8:00 p.m. and 8:00 a.m.
D.
No smoking, burning or consumption of any product containing marijuana or marijuana-related products shall be permitted on the premises of a registered marijuana dispensary, except for teaching and demonstration purposes as provided by 105 CMR 725.105(N)(8). The term "premises" includes all buildings, accessory structures, parking lots or parking areas, walks and/or other immediate surroundings located on the same lot/parcel as the registered marijuana dispensary.
E.
All registered marijuana dispensaries shall be ventilated in such a manner that no pesticides, insecticides or other chemicals or products used in cultivation or processing are dispersed into the outside atmosphere, and so that no odor from marijuana or its processing can be detected by a person with an unimpaired and otherwise normal sense of smell at the exterior of the registered marijuana dispensary or at any adjoining use or property.
F.
Registered marijuana dispensaries shall provide the North Reading Police Department, Building Commissioner and the special permit granting authority with the names, phone numbers and email addresses of all management staff and key holders to whom one can provide notice if there are operating problems associated with the RMD.
G.
Drive-through windows are prohibited. All transactions with customers are to be handled internally.
H.
All publicly accessible entrances shall be visible from a public way.
I.
No person under the age of 18 shall be permitted on the premises of the registered marijuana dispensary unless he or she is accompanied by a parent or legal guardian, or unless he or she is a qualifying patient, as defined by 105 CMR 725.004.
J.
Pursuant to 105 CMR 725.105, Operational Requirements for Registered Marijuana Dispensaries, Section (P), Access to the Department, Emergency Responders, and Law Enforcement, “authorized law enforcement personnel” shall mean the North Reading Chief of Police or his designee.
K.
Signage:
(1)
All signage associated with the registered marijuana dispensary shall comply with 105 CMR 725.000 and Article XIV, Signs.
(2)
For every publicly accessible entrance there shall be at least one sign that includes the following language: "Registration card issued by the MA Department of Public Health required." The required text shall be a minimum of two inches in height.
§ 200-143 Special permit requirements and procedures.
A.
A registered marijuana dispensary shall only be allowed by special permit from the North Reading Select Board in accordance with MGL c. 40A, § 9, subject to the following statements, regulations, requirements, conditions and limitations.
[Amended 6-4-2018 ATM by Art. 29, approved 9-21-2018]
B.
A special permit for a registered marijuana dispensary shall be limited to one or more of the following uses that shall be prescribed by the special permit granting authority:
(1)
Cultivation of marijuana for medical use (horticulture);
(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.
C.
In addition to the application requirements set forth in Article IV, § 200-28, Special permits, a special permit application for a registered marijuana dispensary shall include the following:
(1)
The name and address of each owner and/or executive of the registered marijuana dispensary;
(2)
Copies of all required licenses and permits issued to the applicant by the Commonwealth of Massachusetts and any of its agencies for the registered marijuana dispensary;
(3)
Evidence of the applicant’s right to use the site for the registered marijuana dispensary, such as a deed, or lease;
(4)
If the applicant is a business organization, a statement under oath disclosing all of its owners, shareholders, partners, members, managers, directors, officers, or other similarly-situated individuals and entities and their addresses. If any of the above are entities rather than persons, the applicant must disclose the identity of the owners of such entities until the disclosure contains the names of individuals;
(5)
A certified list of all parties in interest entitled to notice of the hearing for the special permit application, taken from the most recent tax list of the Town and certified by the Town Assessor;
(6)
Proposed security measures for the registered marijuana dispensary, including lighting, fencing, gates and alarms, and the like, to ensure the safety of persons and to protect the premises from theft;
(7)
Proposed emergency procedures; policies and procedures for patient or personal caregiver home delivery; policies and procedures for the transfer, acquisition, or sale of marijuana; proposed waste disposal procedures and any waivers from the Department of Public Health regulations approved by the Department of Public Health for the registered marijuana dispensary.
(8)
A proposed exterior sign package, which may be included as a condition of issuance of the special permit.
D.
Within seven days of receipt of an application, the special permit granting authority shall provide copies of the application and related materials to the Police Department, Fire Department, Board of Health, Community Planning Commission, Engineering Department, Conservation Commission, School Department and Building Department for comment. The special permit granting authority shall not take action on the application prior to receipt of comments from the departments, or before 35 days have passed, whichever comes first. Failure to comment within 35 days shall be deemed lack of opposition.
§ 200-144 Mandatory findings.
The special permit granting authority shall not issue a special permit for a registered marijuana dispensary unless it finds that:
A.
The registered marijuana dispensary is designed to minimize any adverse visual or economic impacts on abutters and other parties in interest, as defined in MGL c. 40A, § 11;
B.
The registered marijuana dispensary demonstrates that it will meet all the permitting requirements of all applicable agencies within the Commonwealth of Massachusetts and will be in compliance with all applicable state laws and regulations;
D.
The registered marijuana dispensary provides adequate security for patients and staff, including in drop-off, pick-up and waiting areas.
§ 200-145 Further criteria.
In addition to any criteria required by 105 CMR 725.000, as such may be amended from time to time, the following criteria shall be required for issuance of a special permit under this Article XXIV: No permit shall be granted hereunder to any applicant, principal officer, agent, owner or manager of the registered marijuana dispensary who has been convicted of a felony in the Commonwealth of Massachusetts. The application shall include proof of the foregoing by sworn statement and including submission to a CORI check from the Chief of Police for each of the aforementioned individuals. The Chief of Police shall report to the special permit granting authority prior to the close of the public hearing whether or not the applicant complies with this criterion.
§ 200-146 Special permit conditions.
The special permit granting authority may impose conditions reasonably appropriate to improve site design, traffic flow, and 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 article. In addition to any specific conditions applicable to the applicant’s registered marijuana dispensary, the special permit granting authority may include the following conditions in any special permit granted under this bylaw:
A.
A special permit granted under this Article XXIV shall have a term limited to the duration of the applicant’s ownership of the premises as a registered marijuana dispensary. A special permit may be transferred only with the approval of the special permit granting authority in the form of an amendment to the special permit with all information required in this Article XXIV.
B.
The special permit granting authority shall require the applicant to post a bond at the time of application for a building permit to cover costs for the removal of the registered marijuana dispensary in the event the Town must remove the facility. The value of the bond shall be based upon the cost to completely remove all material, plants, equipment and other paraphernalia and properly clean the facility at prevailing wages. The value of the bond shall be developed based upon the applicant providing the special permit granting authority with three written bids to meet the noted requirements. An incentive factor of 1.5 shall be applied to all bonds to ensure compliance and adequate funds for the Town to complete removal and cleaning at prevailing wages.
C.
The applicant shall file a copy of any incident report required under 105 CMR 725.110(F) with the Zoning Enforcement Officer and the special permit granting authority within 24 hours of creation by the registered marijuana dispensary. Such reports may be redacted as necessary to comply with any applicable state or federal laws and regulations.
D.
The applicant 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 the Department of Public Health or the Division of Administrative Law Appeals, as applicable, regarding the registered marijuana dispensary with the Zoning Enforcement Officer and special permit granting authority within 48 hours of receipt by the registered marijuana dispensary.
E.
The special permit shall lapse upon the expiration or termination of the applicant’s registration by the Department of Public Health.
F.
The permit holder shall notify the Zoning Enforcement Officer and special permit granting authority, in writing, within 48 hours of the cessation of operation of the registered marijuana dispensary or the expiration or termination of the permit holder’s registration with the Department of Public Health.
§ 200-147 Annual reporting.
Each registered marijuana dispensary permitted under this Article XXIV shall, as a condition of its special permit, file an annual report to and appear before the special permit granting authority no later than January 31 of each year, providing a copy of all current applicable state licenses for the registered marijuana dispensary and/or its owners and/or executives, and demonstrate continued compliance with the conditions of the special permit.
§ 200-148 Abandonment or discontinuance of use.
A.
A special permit granted for a registered marijuana dispensary shall lapse if not exercised within one year of issuance.
§ 200-149 Site plan review.
Registered marijuana dispensaries are subject to § 200-95, Site plan review.