Wakefield City Zoning Code
ARTICLE XVIII
Registered Marijuana Dispensaries
[Added 5-6-2013 ATM by Art. 27; amended 5-1-2014 ATM by Art. 27]
§ 190-104 Purpose.
The intent of this bylaw is to address possible adverse public health and safety consequences related to the passage of State Referendum Question 3 on November 6, 2012. It is the purpose of this section to minimize any potential adverse impacts on the quality of life in the Town. It is the intent of this bylaw to establish specific zoning standards and regulations for registered marijuana dispensaries, medical marijuana infused products, medical marijuana paraphernalia, manufacturers, and medical marijuana growing and cultivation operations either related to a registered marijuana dispensary; to provide for the limited establishment of registered marijuana dispensaries in appropriate place's and under strict conditions in acknowledgment of the passage of the said Question 3; to minimize the adverse impacts of registered marijuana dispensaries on adjacent properties, schools and other places where children congregate, and other land uses potentially incompatible with said dispensaries; to regulate the siting, design, placement, safety, monitoring, modification, and removal of registered marijuana dispensaries; and to limit the overall number of registered marijuana dispensaries in the Town to what is essential to serve the public necessity.
§ 190-105 Definitions.
Where not expressly defined in the Zoning Bylaw, terms used in this article 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.
CULTIVATION
This definition encompasses marijuana cultivation related to registered marijuana dispensaries; the process of propagation, including germination, using soil, hydroponics, or other media to generate growth and maturity; and the intended process of bringing a plant or other grown product to maturity for harvesting, sale, refining or use as an ingredient in further manufacturing or processing.
MARIJUANA
In addition to the commonwealth's definition under MGL Chapter 94C, "marijuana" shall mean and include: marijuana, marihuana, cannabis, hashish, cannabis seeds, THC (tetrahydrocannabinol) and its derivatives and extracts, as well as any substances containing THC, whether in plant, including its flowers, oil, resin, solid, liquid or aerosol form.
REGISTERED MARIJUANA DISPENSARY(IES)
Also known as a "medical marijuana treatment center(s)," 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, 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, registered marijuana dispensary refers to the site(s) of dispensing, cultivation, and preparation of marijuana.
§ 190-106 Location.
Registered marijuana dispensaries may be permitted pursuant to a special permit subject to the following limitations:
A.
Registered marijuana dispensaries and marijuana cultivation may not be located within 500 feet of the following:
(1)
Any school, child-care establishment, or place where minors frequent (e.g., a library, ball field, sports or family recreation facility, religious facility or the like);
(2)
Any drug or alcohol rehabilitation facility;
(3)
Any group home, halfway house or similar facility; or
(4)
Any other registered marijuana dispensary;
B.
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 § 190-106(a) to the nearest point of the property line of the proposed registered marijuana dispensary.
§ 190-107 Permit procedure.
The Zoning Board of Appeals shall be the special permit granting authority for a registered marijuana dispensary special permit. In addition to the materials required under §§ 190-42 through 190-48, Special Permits and Site Plan Review, the applicant shall include in its application for such a special permit:
A.
A copy of its registration as a registered marijuana dispensary from the Massachusetts Department of Public Health;
B.
A detailed floor plan of the promises of the proposed registered marijuana dispensary that identifies the square footage available and describes the functional areas of the registered marijuana dispensary, including areas for any preparation of marijuana-infused products;
C.
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, and all other provisions of this bylaw;
(2)
Convenience and safety of vehicular and pedestrian movement on the site and for the location of driveway openings in relation to street traffic;
(3)
Convenience and safety of vehicular and pedestrian movement off the site, if vehicular and pedestrian traffic offsite can reasonably be expected to 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)
Design and appearance of proposed buildings, structures, freestanding signs, screening and landscaping; and
(6)
Adequacy of water supply, surface and subsurface drainage and light.
D.
A copy of the security measures, including employee security policies, approved by the Department of Public Health for the registered marijuana dispensary;
E.
A copy of the emergency procedures approved by the Department of Public Health for the registered marijuana dispensary;
F.
A copy of the policies and procedures for patient or personal caregiver home delivery approved by the Department of Public Health for the registered marijuana dispensary;
G.
A copy of the policies and procedures for the transfer, acquisition, or sale of marijuana between registered marijuana dispensaries approved by the Department of Public Health;
H.
A copy of proposed waste disposal procedures; and
I.
A description of any waivers from the Department of Public Health regulations issued for the registered marijuana dispensary.
§ 190-108 Special permit conditions.
A.
After notice and public hearing and consideration of application materials, consultant reviews, public comments, and the recommendations of other Town boards and departments, the special permit granting authority shall act upon such a permit application.
B.
The special permit granting authority shall impose conditions reasonably appropriate to improve site design, traffic flow and public safety; to protect water quality, air quality and significant environmental resources; to preserve the character of the surrounding area; and otherwise to serve the purpose of this bylaw. In addition to any specific conditions applicable to the applicant's registered marijuana dispensary, the special permit granting authority shall include the following conditions in any special permit granted under this bylaw:
(1)
Hours of operation, including dispatch of home deliveries;
(2)
The permit holder shall file a copy of any incident report required under 105 CMR 725.110(F) with the Zoning Enforcement Officer, the Chief of Police 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.
(3)
The permit holder shall file a copy of any cease and desist order, quarantine order, 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, the Chief of Police and the special permit granting authority within 48 hours of receipt by the registered marijuana dispensary.
(4)
The permit holder shall provide to the Zoning Enforcement Officer and Chief of Police 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.
(5)
The special permit shall lapse five years after 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.
(6)
The special permit shall be limited to the current applicant and shall lapse if the permit holder ceases operating the registered marijuana dispensary.
(7)
The special permit shall lapse upon the expiration or termination of the applicant's registration by the Department Public Health.
(8)
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.
§ 190-109 Nuisances prohibited.
No use shall be allowed that 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.
§ 190-110 Severability.
The provisions of this bylaw are severable. Many 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.