Salisbury City Zoning Code
ARTICLE XXIII
Medical Marijuana Overlay District
[Added 5-19-2014 ATM by Art. 26[1]]
[1]
Editor's Note: This article also superseded former Art. XXIII, Temporary Moratorium on Medical Marijuana Treatment Centers/Registered Marijuana Dispensaries, added 10-28-2013 ATM by Art. 1.
§ 300-148 Establishment.
The Medical Marijuana Overlay District ("MMOD") is established as an overlay district. The boundaries of the MMOD are shown on the Zoning Map on file with the Town Clerk. The MMOD is established in only the following zoning districts of the Town of Salisbury: all land of the Commercial 3, Commercial 4 and Light Industrial Zoning Districts and portions of the Commercial and Commercial 2 Zoning Districts. The Medical Marijuana Overlay District does not include any portion of any parcel as follows: Assessor's Map-Lot 36-32, 36-34, 36-36, 36-37, 36-38, 36-40, 36-42, 36-185, 36-186, and 36-187, nor any portion of any parcel located on Joy Road in the Commercial 2 Zoning District. Within the MMOD, all requirements of the underlying district(s) remain in effect, except where these regulations provide an alternative to such requirements. Land within the MMOD may be used either for (1) a registered marijuana dispensary ("RMD"), 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 MMOD are silent on a zoning regulation, the requirements of the underlying district shall apply. If the provisions of the MMOD conflict with the requirements of the underlying district, the requirements of the MMOD shall control.
§ 300-149 Purpose.
To provide for the placement of RMDs, in accordance with the Humanitarian Medical Use of Marijuana Act, MGL c. 94C, App. § 1-1 et seq., in locations suitable for lawful medical marijuana facilities and to minimize adverse impacts of RMDs 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 RMDs.
§ 300-150 Definitions.
Where not expressly defined in the Zoning Bylaws, terms used in the MMOD Bylaw shall be interpreted as defined in the Humanitarian Medical Use of Marijuana Act, MGL c. 94C, App. § 1-1 et seq. and the Department of Public Health Regulations promulgated thereunder, 105 CMR 725.001 et seq., and otherwise by their plain language.
REGISTERED MARIJUANA DISPENSARY
Also known as a "medical marijuana treatment center," means a not-for-profit 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.
§ 300-151 Location.
A.
RMDs may be permitted in the MMOD pursuant to a special permit.
B.
RMDs may not be located within 500 feet of the following, whether within the municipal borders of the Town of Salisbury or adjoining municipality:
(1)
School, including a public or private elementary, vocational, or secondary school or a public or private college, junior college, or university;
(2)
Child care facility;
(3)
Library;
(4)
Playground;
(5)
Public park;
(6)
Youth center;
(7)
Public swimming pool;
(8)
Video arcade facility; or
(9)
[1]Any facility in which minors commonly congregate.
[1]
Editor's Note: Former Subsection B(9), Dwelling unit, was repealed 6-22-2020 ATM by Art. 10.
C.
The distance under this section is measured in a straight line from the nearest point of the property line of the protected uses identified in § 300-151B to the nearest point of the property line of the proposed RMD.
D.
The distance requirement may be reduced by 25% or less, but only if:
(1)
The applicant demonstrates that the RMD would otherwise be effectively prohibited within the municipality;
(2)
The applicant demonstrates that the RMD will employ adequate security measures to prevent diversion of medical marijuana to minors who are not qualifying patients pursuant to 105 CMR 725.004.
§ 300-152 Procedure.
The Planning Board shall be the special permit granting authority (SPGA) for a RMD special permit.
A.
Application: Regardless of the applicability of the requirements for site plan review found in § 300-111 of the Salisbury Zoning Bylaw, the applicant shall supply all materials required under § 300-112 and in addition, the applicant shall include:
(1)
A copy of its registration as a RMD from the Massachusetts Department of Public Health ("DPH");
(2)
A detailed floor plan of the premises of the proposed RMD that identifies the square footage available and describes the functional areas of the RMD, 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, distance in linear feet from nearest point of property line of the proposed RMD to the nearest point of property line of the protected uses identified in § 300-151B, and all other provisions of this bylaw;
(b)
Convenience and safety of vehicular and pedestrian movement on the site and for the location of driveway openings in relation to street traffic;
(c)
Convenience and safety of vehicular and pedestrian movement off the site, if vehicular and pedestrian traffic off-site can reasonably be expected be substantially affected by on-site changes;
(d)
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;
(e)
Design and appearance of proposed buildings, structures, freestanding signs, screening and landscaping; and
(f)
Adequacy of water supply, surface and subsurface drainage and light.
(4)
A description of the security measures, including employee security policies, approved by DPH for the RMD;
(5)
A copy of the emergency procedures approved by DPH for the RMD;
(6)
A copy of the policies and procedures for patient or personal caregiver home-delivery approved by DPH for the RMD;
(7)
A copy of the policies and procedures for the transfer, acquisition, or sale of marijuana between RMDs approved by DPH;
(8)
A copy of proposed waste disposal procedures; and
(9)
A description of any waivers from DPH regulations issued for the RMD.
B.
The SPGA shall refer copies of the application to the Building Department, Fire Department, Police Department, Board of Health, the Conservation Commission, Assessor's Department and the Department of Public Works. 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.
C.
After notice and public hearing and consideration of application materials, consultant reviews, public comments, and the recommendations of other Town boards and departments, the SPGA may act upon such a permit.
§ 300-153 Special permit conditions on RMDs.
The SPGA shall 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. The SPGA's actions shall be based upon the considerations and procedures in § 300-35 of this bylaw and the degree to which the proposed development: addresses the purposes of the MMOD and appropriately addresses site-specific attributes or site-specific concerns. In addition to any specific conditions applicable to the applicant's RMD, the SPGA shall include the following conditions in any special permit granted under this bylaw:
A.
Hours of operation, including dispatch of home deliveries.
B.
The permit holder shall file a copy of any incident report required under 105 CMR 725.110(F) with the Zoning Enforcement Officer and the SPGA within 24 hours of creation by the RMD. Such reports may be redacted as necessary to comply with any applicable state or federal laws and regulations.
C.
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 RMD with the Zoning Enforcement Officer and SPGA within 48 hours of receipt by the RMD.
D.
The permit holder shall provide to the Zoning Enforcement Officer and Chief of the Police Department the name, telephone number and electronic mail address of a contact person in the event that such person needs to be contacted after regular business hours to address an urgent issue. Such contact information shall be kept updated by the permit holder.
E.
The special permit shall expire within two 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.
F.
The special permit shall be limited to the current applicant and shall lapse if the permit holder ceases operating the RMD.
G.
The special permit shall lapse upon the expiration or termination of the applicant's registration by DPH.
H.
The permit holder shall notify the Zoning Enforcement Officer and SPGA in writing within 48 hours of the cessation of operation of the RMD or the expiration or termination of the permit holder's registration with DPH.
§ 300-154 Exemption from special permit requirement.
A RMD that demonstrates it is protected pursuant to the agricultural exemption under MGL c. 40A, § 3 is not required to obtain a special permit, but shall apply for site plan approval pursuant to Article XVIII of the Zoning Bylaw.
§ 300-155 Prohibition against nuisances.
No use shall be allowed in the MMOD which creates a nuisance to abutters or to the surrounding area, or which creates any hazard, including, but not limited to, fire, explosion, fumes, gas, smoke, odors, obnoxious dust, vapors, offensive noise or vibration, flashes, glare, objectionable effluent or electrical interference, which may impair the normal use and peaceful enjoyment of any property, structure or dwelling in the area.
§ 300-156 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.