Salisbury City Zoning Code
ARTICLE XXIIIA
Recreational Marijuana Overlay District
[Added 5-14-2018 ATM by Art. 10]
§ 300-156.1 Purpose.
To provide for the placement of adult use marijuana establishments, in accordance with An Act To Ensure Safe Access to Marijuana, c. 55 of the Acts of 2017 (the "Act") and all regulations which have or may be issued by the Cannabis Control Commission, including, but not limited to, 935 CMR 500.00 implementing the Act, in locations suitable for such uses, which will minimize adverse impacts of marijuana establishments on adjacent properties, residential neighborhoods, schools, playgrounds, public beaches and other locations where minors congregate by regulating the siting, design, placement, security, and removal of marijuana establishments.
§ 300-156.2 Establishment.
A.
The Recreational Marijuana Overlay District ("RMOD") is established as an overlay district. The boundaries of the RMOD are shown on the attached amended new Zoning Map.[1]
[1]
Editor's Note: A copy of the current Zoning Map is attached to the on-line version of this chapter and on file in the Town offices.
B.
Within the RMOD, all requirements of the underlying zoning district remain in effect, except where these regulations provide an alternative to such requirements. Land within the RMOD may be used for:
(1)
Any state-licensed adult use marijuana establishment, including cultivation, processing, independent testing laboratory, product manufacturing, and retail sales, 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 RMOD are silent on a zoning regulation, the requirements of the underlying district shall apply. If the provisions of the RMOD conflict with the requirements of the underlying district, the requirements of the RMOD shall control.
§ 300-156.3 Definitions.
Where not expressly defined in the Zoning Bylaws, terms used in the RMOD Bylaw shall be interpreted as defined in M.G.L. c. 94I and M.G.L. c. 94G and any regulations issued by the Cannabis Control Commission implementing these laws, and otherwise by their plain language.
INDEPENDENT TESTING LABORATORY
Means a laboratory that is licensed by the Cannabis Control Commission pursuant to 935 CMR 500.000 with respect to the regulation of the adult use of marijuana that is:
A.
Accredited to the most current International Organization for Standardization 17025 by a third-party accrediting body that is a signatory to the International Laboratory Accreditation Accrediting Cooperation mutual recognition arrangement or that is otherwise approved by the Commission;
B.
Independent financially from any medical marijuana treatment center or any licensee or marijuana establishment for which it conducts a test; and
C.
Qualified to test marijuana in compliance with 935 CMR 500.160 and M.G.L. c. 94C, § 34.
MARIJUANA CULTIVATOR
Means an entity licensed by the Cannabis Control Commission pursuant to 935 CMR 500.000 with respect to the regulation of the adult use of marijuana to cultivate, process and package marijuana, to deliver marijuana to marijuana establishments and to transfer marijuana to other marijuana establishments, but not to consumers.
MARIJUANA DELIVERY-ONLY RETAILER
Means an entity licensed by the Cannabis Control Commission pursuant to 935 CMR 500.000 with respect to the regulation of the adult use of marijuana that does not provide a retail location accessible to the public, but is authorized to deliver directly from a marijuana cultivator facility, craft marijuana cultivator cooperative facility, marijuana product manufacturer facility, or micro-business.
MARIJUANA ESTABLISHMENT
Means a marijuana cultivator, independent testing laboratory, marijuana product manufacturer, marijuana retailer or any other type of marijuana-related business licensed by the Cannabis Control Commission pursuant to 935 CMR 500.000 with respect to the regulation of the adult use of marijuana.
MARIJUANA PRODUCT MANUFACTURER
Means an entity licensed by the Cannabis Control Commission pursuant to 935 CMR 500.000 with respect to the regulation of the adult use of marijuana to obtain, manufacture, process and package marijuana and marijuana products, to deliver marijuana and marijuana products to marijuana establishments and to transfer marijuana and marijuana products to other marijuana establishments, but not to consumers.
MARIJUANA RETAILER
Means an entity licensed by the Cannabis Control Commission pursuant to 935 CMR 500.000 with respect to the regulation of the adult use of marijuana to purchase and deliver marijuana and marijuana products from marijuana establishments and to deliver, sell or otherwise transfer marijuana and marijuana products to marijuana establishments and to consumers.
REGISTERED MARIJUANA DISPENSARY
Also known as "medical marijuana treatment center." See Zoning Bylaw, Article XXIII (Medical Marijuana Overlay District), § 300-150 (Definitions).
§ 300-156.4 Number of licenses.
The number of recreational marijuana retailers permissible to be located in the RMOD shall be limited to two or 20% of the number of licenses issued within the Town for the retail sale of alcoholic beverages not to be drunk on the premises where sold pursuant to M.G.L. c. 138, § 15, whichever is greater. In the event that 20% of said licenses shall not be a whole number, the limit shall be rounded up to the nearest whole number.
§ 300-156.5 Location and dimensional controls.
A.
Recreational marijuana establishments may be permitted in the RMOD pursuant to a special permit and site plan approval.
B.
Distance.
(1)
Recreational marijuana establishments may not be located within 500 feet of the following preexisting uses:
(a)
School, including a public or private elementary, vocational, or secondary school or a public or private college, junior college, or university;
(b)
Video arcade facility;
(c)
State-licensed child care facility;
(d)
Library, playground, public park, public beach, youth center; and/or
(e)
Similar facility in which minors commonly congregate.
(2)
The distance under this section shall be 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 recreational marijuana establishment.
C.
The distance requirement may be reduced by 25% or less, but only if:
(1)
The applicant demonstrates that the recreational marijuana establishment would otherwise be effectively prohibited within the municipality;
(2)
The applicant demonstrates that the recreational marijuana establishment will employ adequate security measures to prevent diversion of marijuana to minors.
D.
Cultivation and processing facilities located within the RMOD shall be separated from adjacent uses by a fifty-foot buffer strip, unless the applicant can demonstrate, and the Planning Board finds, that adequate buffering can be provided in a narrower buffer strip.
E.
Recreational marijuana establishments shall be located only in a permanent building and not within any mobile facility. All sales shall be conducted either within the building or by home delivery pursuant to applicable state regulations.
F.
Unless explicitly stated otherwise, recreational marijuana establishments shall conform to the dimensional requirements applicable to non-residential uses within the underlying zoning district.
G.
All recreational marijuana establishments shall conform to the signage requirements of Chapter 214 of the General Bylaw. The Planning Board may impose additional restrictions on signage, as appropriate, to mitigate any aesthetic impacts.
§ 300-156.6 Special permit.
A.
Procedure: The Planning Board shall be the special permit granting authority (SPGA) and shall conduct site plan review for an applicant for a recreational marijuana establishment.
(1)
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:
(a)
A detailed floor plan of the premises of the proposed recreational marijuana establishment that identifies the square footage available and describes the functional areas of the facility;
(b)
Detailed site plans that include the following information:
[1]
Compliance with the requirements for parking and loading spaces, for lot size, frontage, yards and heights and coverage of buildings, signage and all other provisions of this bylaw;
[2]
Convenience and safety of vehicular and pedestrian movement on the site to provide secure and safe access and egress for clients and employees arriving to and from the site;
[3]
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;
[4]
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;
[5]
Site design such that it provides convenient, secure and safe access and egress for clients and employees arriving to and from the site;
[6]
Design and appearance of proposed buildings, structures, freestanding signs, screening and landscaping; and
[7]
Adequacy of water supply, surface and subsurface drainage and light.
(c)
A description of the security measures, including employee security policies;
(d)
A copy of the emergency procedures;
(e)
A copy of proposed waste disposal procedures; and
(f)
A copy of all licensing materials issued by the Cannabis Control Commission, and any materials submitted to these entities by the applicant for purposes of seeking licensing to confirm that all information provided to the Planning Board is consistent with information provided to the Cannabis Control Commission.
(2)
The applicant shall refer copies of the application to all Town departments and boards/commissions, including but not limited to the Building Department, Fire Department, Police Department, Board of Health, and the Conservation Commission. 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.
(3)
After notice and public hearing and review in accordance with M.G.L. c. 40A, Article VII, § 300-35 of the bylaw and Article XVIII of the bylaw 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 and request for site plan approval.
B.
Special permit conditions on recreational marijuana establishments: 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. In addition to any specific conditions applicable to the applicant's recreational marijuana establishment, the SPGA may include the following conditions in any special permit granted under this bylaw:
(1)
The use shall not generate outside odors from the cultivation or processing of marijuana and marijuana products.
(2)
A security plan shall be required for all recreational marijuana establishments, which shall be subject to approval by the Salisbury Fire and Police Chiefs and submitted to the Planning Board.
(3)
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.
(4)
Recreational marijuana establishments may not operate, and the special permit will not be valid, until the applicant has obtained all licenses and permits issued by the Commonwealth of Massachusetts and any of its agencies for the facility.
(5)
Recreational marijuana establishments may not operate, and the special permit will not be valid, until the applicant has entered into a host community agreement with the Town relative to any facility permitted under this bylaw and a host community agreement remains valid and in effect, whether in the original form or a re-negotiated form.
(6)
A special permit granted under this section shall have a term limited to the duration of the applicant's ownership or lease and use of the premises as a recreational marijuana establishment. A special permit may be transferred only with the approval of the Planning Board in the form of an amendment to the special permit.
(7)
The special permit shall lapse upon the expiration or termination of the applicant's license by the Cannabis Control Commission.
(8)
The permit holder shall notify the Zoning Enforcement Officer and SPGA in writing within 48 hours of the cessation of operation of the recreational marijuana establishment's expiration or termination of the permit holder's license with the Cannabis Control Commission.
§ 300-156.7 Prohibition against on-site consumption.
No marijuana shall be smoked, eaten, or otherwise consumed or ingested in public or on the premises of a recreational marijuana establishment absent a positive vote by ballot question presented to the voters of the city or town at a biennial state election pursuant to M.G.L. c. 94G, § 3(b).
§ 300-156.8 Prohibition against nuisances.
No use shall be allowed in the RMOD 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 sound 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.
§ 300-156.9 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.