Townsend City Zoning Code
ARTICLE XVII
Medical Marijuana Treatment Centers/Registered Marijuana Dispensaries
[Added 11-19-2013 STM by Art. 15; amended 3-28-2017 STM by Art. 12]
§ 145-88 Medical marijuana bylaw.
A.
Purpose. The purpose of this bylaw is to establish specific zoning regulations for the placement, siting, design, placement, security, monitoring, modification, and removal of registered medical marijuana dispensaries (RMD) and the products produced or dispensed. These zoning regulations help to promote economic development and protect the property, history, and most importantly, the children of our community.
B.
Applicability. The commercial cultivation, production, processing, assembly, packaging, selling (retail or wholesale), distribution or dispensing of marijuana for medical use is prohibited unless permitted as a medical marijuana treatment center under this section. Nothing in this bylaw shall be construed to supersede state laws governing the sale and distribution of narcotic drugs. No medical marijuana treatment center or any marijuana cultivation use shall be established except in compliance with the provisions set forth in this section.
C.
Definitions. For the purpose of this section the following definitions shall apply:
MARIJUANA
In addition to the definition provided under Massachusetts General Law Chapter 94C, for the purpose of this section, the definition shall include marijuana, marihuana, cannabis, hashish, cannabis seeds, THC (tetrahydrocannabinol) and its derivatives and/or extracts, as well as any substances containing THC, whether in plant, including its flowers, oil, resin, solid, liquid, or aerosol form.
MEDICAL MARIJUANA TREATMENT CENTER
Also known as a "registered marijuana dispensary" (RMD), means an establishment, lawfully permitted and licensed by the Massachusetts Department of Public Health under regulations duly promulgated by said Department of Public Health or any other applicable authority, that acquires, cultivates, processes, dispenses, transfers, transports, sells, or administers marijuana products, or any derivative thereof, including without limitation, food, tinctures, aerosols, resins, oils, ointments, or smokeables, to qualifying patients or their personal caregivers.
MARIJUANA CULTIVATION
The process of propagation, including germination, using soil, hydroponics, or other mediums for bringing a marijuana plant to growth and maturity for harvesting, sale, refining or use as an ingredient in further manufacturing or processing as it relates to a medical marijuana treatment center.
D.
Location.
(1)
General. Any medical marijuana treatment center or marijuana cultivation activities permitted shall be located only in the Industrial Zoning District.
(2)
Buffer zone. No medical marijuana treatment and dispensing facilities use or commercial marijuana cultivation activities shall be located within a five-hundred-foot radius from:
(a)
Any residential district;
(b)
Any school, day-care center, or any facility where children congregate. A facility is not, however, limited to a building. A "facility where children congregate" includes, but is not limited to, facilities in which children gather for a particular purpose in a structured and scheduled manner, or which are dedicated to the use by children, such as playgrounds, youth service programs, day-care centers, youth sports facilities, dance schools, and gymnastic schools;
(c)
Any public bike path;
(d)
Any other medical marijuana treatment center or marijuana cultivation site;
(e)
Any drug or alcohol rehabilitation facility;
(f)
Any correctional facility, half-way house or similar facility; or
(g)
Any establishment licensed under the provisions of MGL c. 138, § 12 (Licenses for on-premises alcoholic beverages).
Item 1 will be measured from property line to property line. Items 2 through 6 will be measured in a straight line from the nearest point of the facility in question to the nearest point of the proposed medical marijuana treatment and dispensing facilities use or commercial marijuana cultivation. For example, a playground outside a school would be considered a facility where children congregate, so the line would be measured from the edge of the playground to the nearest point of the building that would house the potential medical marijuana treatment and dispensing facilities use or commercial marijuana cultivation activities. |
(3)
Cultivation. Cultivation is allowed in all districts by right if applicant is eligible for protection under MGL c. 40A, § 3. Any cultivation is required within a building and will require a special permit. Cultivation of marijuana or marijuana-based products shall not be considered an agricultural use.
(4)
Signage. Any permitted medical marijuana treatment center shall comply with the requirements of Article X of the Townsend Zoning Bylaw and shall be approved by the SPGA. The SPGA may impose restrictions such as text only, limited graphics, or no pictorial displays. No off-site signage or advertising in any form shall be allowed.
(5)
Visibility. There shall be no visibility of activities, products or treatment occurring within or on the premises of a medical marijuana treatment center or marijuana cultivation site from the exterior of such facility or premises.
(6)
Manufacturing. A special permit for medical marijuana infused product manufacturing may be issued only in locations where medical marijuana treatment and dispensing facilities and commercial marijuana cultivation activities are permitted. The packaging and labeling of medical marijuana infused products must conform to state laws. Edible infused products must not bear a reasonable resemblance to any product available for consumption as commercially available candy as defined by the Department of Public Health.
E.
Permitting. A medical marijuana treatment center and/or marijuana cultivation shall not be established without obtaining a special permit. Any such special permit issued by the Special Permit Granting Authority shall comply with all relevant local and state laws.
(1)
Authority. The Planning Board shall serve as the Special Permit Granting Authority (SPGA). This authority shall ensure strict compliance with this section.
F.
Criteria.
(1)
It is recommended that a concept plan showing the proposed use shall be submitted to the SPGA for review and discussion prior to the filing for the special permit. In granting any special permit, the SPGA shall assure that the proposed use:[1]
(a)
Will not be injurious or dangerous to the public health or unduly hazardous because of traffic congestion, danger of fire or explosion or other reasons.
(b)
Will not have a material adverse effect on the value of land and buildings in the neighborhood or on the amenities of the neighborhood.
(c)
Will be operated with reasonable regard for order and sightliness, if an open use.
(d)
Will not produce noise, vibration, smoke, dust, odor, heat or glare observable at the lot lines in amounts clearly detrimental to the normal use of adjacent property.
[1]
Editor's Note: Subsection F(1)(a), (b), (c) and (d) were originally adopted as Subsection F(2), (3), (4) and (5). These subsections were renumbered to maintain the organizational style of the Code.
G.
Documentation. The SPGA shall be provided with all decisions or approvals, denials or other substantive actions by DPH regarding the medical marijuana treatment center and/or marijuana cultivation and all submittals of information relating to such activities between the applicant or medical marijuana treatment center and/or marijuana cultivation and DPH.
H.
Term. A special permit granted under this section shall have a term limited to the duration of the applicant's ownership or legal control of the premises as a RMD. 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 section.
I.
No entitlement or vested rights to permitting. No person shall be deemed to have any entitlement or vested rights to permitting under this bylaw by virtue of having received any prior permit from the Town including, by way of example only, any zoning permit or any wholesale food manufacturer's license. In order to lawfully engage in the business of selling, cultivating, or manufacturing medical marijuana, or products containing marijuana, cannabis, or THC, in the Town on and after the date of passage of this bylaw, any person must qualify for and obtain a special permit in accordance with the requirements of this section.
J.
Compliance. The permitting of a medical marijuana treatment center and/or marijuana cultivation shall comply with all applicable local and state requirements. All applicants shall provide a certificate of registration from the Massachusetts Department of Public Health as a registered marijuana dispensary (RMD).
K.
Security. All building security and safety systems shall be approved by the Townsend Fire and Police Chiefs and submitted to the SPGA.
(1)
A medical marijuana treatment center and/or marijuana cultivation shall be open to inspection by the Fire Department, Police Department, Building Official and the Board of Health. Inspections may be scheduled and unscheduled, with 24 hours' notice of request for such inspection, to be made by the Town department or official. A property contact shall be available to such Town department or official 24 hours a day, seven days a week.
§ 145-89 Temporary moratorium on recreational marijuana.
[Added 11-28-2017 STM by Art. 8]
On November 8, 2016, the voters of the commonwealth approved a law regulating the cultivation, processing, distribution, possession and use of marijuana for recreational purposes (new MGL c. 94G, Regulation of the Use and Distribution of Marijuana Not Medically Prescribed). The law, which allows certain personal use and possession of marijuana, took effect on December 15, 2016, and (as amended on December 30, 2016, by Chapter 351 of the Acts of 2016 and thereafter, on July 28, 2017, by Chapter 55 of the Acts of 2017) requires a Cannabis Control Commission to issue regulations regarding the licensing of commercial activities by March 15, 2018, and to begin accepting applications for licenses no later than April 1, 2018. Currently under the Zoning Bylaw, a non-medical marijuana establishment (hereinafter, a "recreational marijuana establishment"), as defined in MGL c. 94G, §1, is not specifically addressed in the Townsend Zoning Bylaw. The regulation of recreational marijuana raises novel legal, planning, and public safety issues, and the Town needs time to study and consider the regulation of recreational marijuana establishments and address such issues, as well as to address the potential impact of the state regulations on local zoning and to undertake a planning process to consider amending the Townsend Zoning Bylaw regarding regulation of recreational marijuana establishments. This temporary moratorium on the use of land and structures in the Town for recreational marijuana establishments will allow sufficient time to address the effects of such structures and uses in the Town and to enact bylaws in a consistent manner.
A.
Definition.
RECREATIONAL MARIJUANA ESTABLISHMENT
A marijuana cultivator, independent testing laboratory, marijuana product manufacturer, marijuana retailer or any other type of licensed marijuana-related business.
B.
Temporary moratorium. For the reasons set forth above and notwithstanding any other provision of the Zoning Bylaw to the contrary, the Town hereby adopts a temporary moratorium on the use of land or structures for a recreational marijuana establishment and other uses related to recreational marijuana. The moratorium shall be in effect through December 31, 2018, or until a bylaw is earlier approved. During the moratorium period, the Planning Board, on behalf of the Town of Townsend, shall undertake a planning process to address the potential impacts of recreational marijuana in the Town, and to consider the Cannabis Control Commission regulations regarding recreational marijuana establishments, and shall consider adopting new zoning bylaws in response to these new issues.
