West Stockbridge City Zoning Code
SECTION 4
Use Regulations
4.1 General provisions.
Except as provided by law or in this bylaw, no building or structure shall be erected and no building, structure, land, or part thereof shall be used for any purpose or in any manner other than for one or more of the uses set forth in the accompanying Table of Use Regulations, Section 4.11, as permitted by right in the district in which such building, structure, or land is located, or which may be permitted in said district and so authorized by special permit granting authority as designated in Section 4.11 herein.
4.3 Multiple buildings on single lot.
More than one building or structure housing a principal permitted use or any portion thereof may be erected or placed on a single lot, provided that:
a.
Area, width, frontage, yard, and other requirements of this bylaw shall be met for each building or structure as though it were on an individual lot, unless any such requirement is reduced by special permit of the Planning Board; and
b.
This Section 4.3 shall have no application if more than one use on a lot is specifically prohibited by any other provision of this bylaw.
4.4 Applicability of other laws and regulations.
Every use permitted by right or authorized by special permit under the provisions of this bylaw shall be subject to the State Building Code, State Sanitary Code, and the Town's Board of Health regulations and all other applicable statutes, bylaws, and regulations.
4.5 Floodplains and wetlands.
Any use otherwise permitted in the portion of any zoning district overlayed by a Floodplain District or Wetland Area shall be subject to the restrictions set forth in Sections 6.4 and 6.5, respectively.
4.6 Interpretation of uses.
Where a structure or use might be classified under more than one of the listed uses, the more specific classification shall determine permissibility; if equally specific, the more restrictive shall govern.
4.7 Accessory uses.
Subject to the limitations contained in this bylaw, an accessory use shall be permitted:
a.
On the same lot with the building to which it is accessory; or
b.
On a lot any portion of the frontage of which is directly across the road from the frontage of the lot containing the principal use, provided that it does not alter the character of the premises and is not detrimental to the neighborhood.
4.8 Farm buildings and agricultural structures.
Farm buildings and structures used exclusively for agricultural purposes shall be deemed to be accessory buildings and structures for the purpose of this bylaw. Such buildings and structures may be located on the same lot with the principal permitted use or on separate lots.
4.9 Nuisances prohibited.
Any use of land, buildings, or structures which creates excessive and objectionable noise, fumes, odor, dust, electrical interference or undue traffic shall be prohibited in all districts.
4.10 Large-scale development.
[Amended 2-27-2017 STM by Art. 2]
This section is intended to regulate larger-scale development in the Town of West Stockbridge.
4.10.1
Any nonresidential building or use or combination of uses, including mixed uses which include residential components of use, which occupies a gross floor area of 4,500 square feet or more shall, in addition to satisfying any otherwise applicable requirement of this bylaw, be permitted only with a special permit from the Planning Board.
4.10.2
If a special permit is required by this section because the building or use, or combination of uses, is 4,500 square feet or more of gross area and a special permit is also required for one or more of the uses by Subsection 4.11.1, Table of Uses, then only one special permit will be required under Section 4.10, and the applicant must meet all of the standards and requirements of Section 4.10 and all of the applicable standards and requirements for the use or uses as required by Subsection 4.11.1, Table of Uses.
4.10.3
For a building or use or a combination of uses in the VCOD that is 4,500 square feet or more, the Planning Board may reduce the underlying commercial district setback regulations that would be otherwise applicable so as to be no less than the setback requirements of the VCOD overlay district, provided that the following conditions are met:
a.
The proposed structure is in harmony with adjoining structures in terms of mass, proportions of building elements, and general character of building elements.
b.
Main entrances are on the front.
c.
If the proposal includes mixed use, the proposal conforms to all the requirements of Subsection 4.11.3.6.C.
d.
All other applicable regulations are met to the satisfaction of the Planning Board.
4.10.4
Conditions on mixed-use special permits. The special permit granting authority may impose other conditions as it sees necessary on a special permit granted under Section 4.10, as permitted by Subsection 6.3.5.
4.10.5
In addition to the site plan required under Subsection 6.3.6, all special permit applications made under Section 4.10 shall include building floor plans and elevations, drawn to scale, showing all floor areas and the general character of the proposed structure, prepared in a manner that is adequate for the Planning Board to assess conformance of the proposal to the requirements for the special permit.
4.10.6
Uses in the VCOD that are less than 4,500 square feet of gross floor area, in addition to uses in the VCOD greater than 4,500 square feet of gross floor area, which seek to reduce setbacks to less than five feet in the VCOD when frontage of the lot is located on a sidewalk may, by special permit, reduce frontage to up zero feet, provided that:
a.
If existing, the sidewalk has been in existence for at least five years prior to the construction of the new building or buildings being proposed.
b.
If new, the proposed sidewalk extends and connects continuously to at least six other lots and connects to an existing sidewalk that has been in existence for at least five years prior to the construction of the new building or buildings being proposed.
c.
The main entrance to the proposed building is on the front of the building and is connected to the sidewalk.
4.11 Tables of Principal and Accessory Uses.
4.11.1
Table of Principal Uses.
[Amended 2-27-2017 STM by Art. 2; 1-14-2019 STM by Art. 1; 1-14-2019 STM by Art. 4; 9-18-2019 STM by Art. 1; 5-9-2022 ATM by Art. 43; 10-6-2022 STM by Art. 5]
Symbols used in the Table of Use Regulations shall mean the following: | |
Yes | Use permitted by right. |
SPA | Use which may be authorized by special permit from the Board of Appeals in accordance with the provisions of Section 6.3 herein. |
SPP | Use which may be authorized by special permit from the Planning Board in accordance with the provisions of Section 6.3 herein. |
SPS | Use which may be authorized by special permit from the Select Board in accordance with the provisions of Section 6.3 herein. |
NO | Specifically excluded or prohibited use. |
District | ||||||||
|---|---|---|---|---|---|---|---|---|
Principal Use | R-3 | R-D | C | M | MOD | R-1 | PVOD | |
Residential Uses | ||||||||
1. | One single-family dwelling; more than one single-family dwelling per lot is not permitted, and no other principal use is permitted on a lot which contains a single-family dwelling | YES | YES | YES | YES | YES | ||
2. | Two-family dwelling, provided the lot area is at least twice the minimum lot area in the district | SPP | SPP | SPP | SPP | SPP | ||
3. | Multifamily dwelling, subject to the special requirements set out in Subsection 4.11.3.4 | NO | NO | SPP | SPP | NO | ||
4. | Conversion of a single-family dwelling which existed on January 1, 1992, into either a two-family dwelling or a building having a use or combination of uses, each of which is permitted at the location either as of right or by special permit in the district; subject to the requirements of Subsection 4.11.3.2 hereof | SPP | SPP | SPP | SPP | SPP | ||
Institutional, Municipal, and Community Uses | ||||||||
5. | Religious or education use on land owned or leased by the commonwealth or any of its agencies, subdivisions or bodies politic or by a religious sect or denomination, or by a nonprofit educational corporation, with at least 200 feet of setback | YES | YES | YES | YES | YES | ||
6. | Use by a municipal or governmental body (including, but not limited to, a duly constituted special sewer or other district) with at least 200 feet of setback; provided, however, that the special permit granting authority may reduce the setback requirement in its discretion to a figure not less than 50 feet | SPP | SPP | SPP | SPP | SPP | ||
7. | Public utilities such as a telephone exchange, natural gas or electric power facility, railroad or bus station, with at least 200 feet of setback; however, the special permit granting authority may reduce the setback requirement in its discretion to a figure not less than 50 feet | NO | SPP | SPP | SPP | NO | ||
8. | Nonprofit library or museum | SPP | SPP | SPP | SPP | SPP | ||
9. | Hospital, sanitarium, nursing home, children's day-care center or other similar use subject to regulations of the commonwealth, with at least 200 feet of setback; however, the special permit granting authority may reduce the setback requirement in its discretion to a figure not less than 50 feet | NO | SPP | SPP | SPP | NO | ||
10. | Private school, college, nursery school, trade or professional school, except as regulated under Subsection 4.11.1(5) herein, with at least 200 feet of setback; however, the special permit granting authority may reduce the setback requirement in its discretion to a figure not less than 50 feet | NO | SPP | SPP | SPP | NO | ||
Recreational Uses | ||||||||
11. | Golf, tennis, swimming, or sportsmen's club, ski tow, livery or riding stable or other recreational use of similar character | SPP | SPP | SPP | SPP | SPP | ||
12. | Summer camp for children or family-type campground | SPP | SPP | SPP | SPP | SPP | ||
13. | Private club, as defined in this bylaw | SPP | SPP | SPP | SPP | SPP | ||
14. | Boat house for rental of boats and canoes | SPP | SPP | SPP | SPP | SPP | ||
Businesses, Industrial and Other Uses | ||||||||
15. | Hotel or motel as defined in this bylaw | NO | NO | SPP | SPP | NO | ||
16. | Restaurant (except for fast-food eating establishments) where food is served primarily for consumption within the building | NO | NO | SPP | SPP | NO | ||
17. | Fast-food eating establishment | NO | NO | NO | NO | NO | ||
18. | Antique or gift shop or art gallery | NO | NO | YES | YES | NO | ||
19. | Automobile service station or commercial garage | NO | NO | SPP | SPP | NO | ||
20. | Commercial amusement | NO | NO | SPP | SPP | NO | ||
21. | Sale or storage of feed, lumber, or building supplies | NO | NO | SPP | SPP | NO | ||
22. | Research laboratory or light and clean manufacturing activity where the majority of the services or products is retailed on the premises or by mail | NO | NO | SPP | SPP | NO | ||
23. | The removal of sand, gravel, rock, loam, topsoil, or other earth material, as a commercial business | NO | NO | NO | NO | NO | ||
24. | Office, bank, retail business or consumer service establishment, unless otherwise specifically regulated in this bylaw | NO | NO | YES | SPP | NO | ||
25. | Any lawful industrial, light and clean manufacturing, warehousing, service including processing, fabrication, assembly or storage, unless specifically otherwise regulated in this bylaw; all such uses must meet the requirements of Subsection 4.11.3.1, and the applicant is required to submit an impact statement addressing said requirements | NO | NO | NO | SPP | NO | ||
26. | Commercial greenhouse, nursery, or landscape gardening | NO | NO | YES | YES | NO | ||
27. | The use of land or structure for the primary purpose of agriculture, horticulture, or floriculture with at least 5 acres of land | YES | YES | YES | YES | YES | ||
28. | Piggery or fur farm not qualifying under the preceding section | NO | NO | NO | NO | NO | ||
29. | Kennel or veterinary hospital | NO | NO | NO | SPP | NO | ||
30. | Cemetery | SPP | SPP | SPP | SPP | SPP | ||
31. | Junkyards, commercial racetracks, drive-in theaters, trailer parks, billboards, or off-premises signs | NO | NO | NO | NO | NO | ||
32. | Automobile sales establishments | NO | NO | SPP | SPP | NO | ||
33. | Dump or other area for the disposal of rubbish, except officially designated areas for such purposes by the Town of West Stockbridge | NO | NO | NO | NO | NO | ||
34. | Commercial communication activities, including radio television transmission or receiving facilities, directional beacons and antennas, and cable television reception facilities; provided, however, that any such facilities shall be visually screened from adjoining public ways and other land to the maximum extent feasible, in accordance with specific conditions to be established by the special permit granting authority; this section does not include Personal wireless service facilities and repeaters, which are covered by Subsection 4.11.1(35) | SPP | SPP | SPP | SPP | SPP | ||
35. | Personal wireless service facilities and repeaters, as defined in Section 8 of these bylaws, and in accordance with the terms and conditions thereof | SPP | SPP | SPP | SPP | SPP | ||
36. | Mixed use, subject to the specific requirements set forth in Subsection 4.11.3.6 | NO | NO | SPP (1) | NO | NO | ||
37. | Retail sales of medical and adult use (i.e., recreational) marijuana | NO | NO | NO | NO | SPP | NO | |
38. | Cultivation of marijuana for commercial purposes | SPP See Sub-section 4.11.3.7. | NO | NO | SPP | SPP | SPP See Sub-section 4.11.3.7. | |
39. | Marijuana manufacturing and production of marijuana-based products | NO | NO | NO | SPP | SPP | NO | |
40. | Marijuana testing facility | NO | NO | NO | SPP | NO | NO | |
41. | Marijuana transportation business | NO | NO | NO | SPP | NO | NO | |
42. | (Reserved) | |||||||
43. | Large-scale ground-mounted solar energy system | NO | NO | SPP | SPP | NO | NO | |
44. | Medium-scale ground-mounted solar energy system | NO | NO | SPP | SPP | NO | YES | |
4.11.2
Table of Accessory Uses.
[Amended 1-14-2019 STM by Art. 1; 1-14-2019 STM by Art. 4; 9-18-2019 STM by Art. 1; 5-9-2022 ATM by Art. 43; 10-6-2022 STM by Art. 5]
District | |||||||||
|---|---|---|---|---|---|---|---|---|---|
Accessory Use | R-3 | R-D | C | M | MOD | R-1 | PVOD | ||
1. | Home occupation, no on-premises sale: Occupation, business, profession, craft, or art engaged in within a dwelling or in an accessory building by a resident of premises, as a use accessory thereto, whether or not in connection with an off-premises occupation, and involving no on-premises sale (for either immediate or later delivery) of goods or services, or public exhibits or displays, and utilizing the services (whether as employee or on commission or as independent contractor) of no persons outside the household, and with no external evidence of the conduct of such accessory use | YES | YES | YES | YES | YES | |||
2. | Home occupation in connection with off-premises occupation: Occupation, business, profession, craft or art engaged in within a dwelling or in an accessory building by a resident of premises, as a use accessory thereto, in connection with an off-premises occupation, and conforming to the requirements of Subsection 4.11.3.3 hereof | SPP | SPP | YES | YES | SPP | |||
3. | Home occupation involving sale or delivery of services: Occupation, business, profession, craft or art engaged in within a dwelling or in an accessory building by a resident of premises, and involving the sale or delivery of services, and conforming to the requirements of Subsection 4.11.3.3 hereof | SPP | SPP | YES | YES | SPP | |||
4. | Home occupation involving sale of products made on premises: Occupation, business, profession, craft or art engaged in within a dwelling or in an accessory building by a resident of premises, and involving the sale of products, articles or goods made on the premises, and conforming to the requirements of Subsection 4.11.3.3 hereof | SPP | SPP | YES | YES | SPP | |||
5. | Home occupation involving sale of products not made on premises: Occupation, business, profession, craft or art engaged in within a dwelling or in an accessory building by a resident of premises, and involving the on-premises sale (for either immediate or later delivery) of products, articles, or goods not made on the premises, or public exhibitions or displays, as a use accessory thereto, and conforming to the requirements of Subsection 4.11.3.3 hereof | NO | NO | SPP | SPP | NO | |||
6. | Rental of not more than 4 rooms, with or without meals, in a dwelling by a resident family, provided no separate kitchen facilities are maintained; and provided further that the parking requirements of Subsection 6.2.1 have been satisfied | YES | YES | YES | YES | YES | |||
6a. | Accessory apartment, subject to the requirements of Subsection 4.11.3.5 | SPP | SPP | SPP | SPP | SPP | |||
7. | Guesthouse as defined by this bylaw | SPP | SPP | SPP | SPP | SPP | |||
8. | Roadside farm stand selling primarily agricultural, horticultural, or floricultural products raised on the premises, provided that no products are displayed for sale within 20 feet of the street | YES | YES | YES | YES | YES | |||
9. | Greenhouse, tennis court, swimming pool, or any other recreational facility not for commercial purposes | YES | YES | YES | YES | YES | |||
10. | The removal of any earth materials, including stripping of topsoil, only when incidental to or required in connection with any of the following operations: | YES | YES | YES | YES | YES | |||
a. | The erection of a building or structure on the lot for which a building permit has been properly issued, and the construction of a private driveway | ||||||||
b. | Any otherwise lawful accessory use incidental to a permitted use, including cultivation, planting, or drainage of land or landscaping | ||||||||
c. | The construction of a private street in a subdivision approved by the Planning Board under the Subdivision Control Law | ||||||||
d. | Municipal or government construction or operation | ||||||||
11. | The display of a sign or signs pertaining to a permitted use as regulated in Section 6.7 in this bylaw, unless specifically prohibited or regulated by other provisions of this bylaw | YES | YES | YES | YES | YES | |||
12. | The raising or keeping of poultry, livestock, or domestic animals, for use by the residents of the premises, not as a commercial venture, subject to the regulations of the Board of Health, provided all grounds used for pasturing or other purposes involving unrestrained animals shall be properly fenced | SPP | SPP | SPP | SPP | SPP | |||
13. | The raising or keeping of household pets by the residents of the premises not as a commercial venture | YES | YES | YES | YES | YES | |||
14. | Temporary use of a trailer for living purposes while a permanent dwelling is actively under construction on the same lot, for a period not exceeding 6 months, subject to the approval of the Board of Health, provided off-street parking requirements and yard requirements are met | SPP | SPP | SPP | SPP | SPP | |||
15. | Trailer of a type intended only for camping purposes, stored within sight of a public way in excess of 30 days in any calendar year, provided it is not used for living purposes | SPP | SPP | SPP | SPP | SPP | |||
16. | Radio-television transmission and receiving towers as well as fire, police, and CB antennas not to exceed 40 feet in height from the ground, or 25 feet over the height of the roof, whichever is greater; said tower shall be constructed so that if said tower were to collapse or fall, the entire system would fall within the boundaries of said owner | YES | YES | YES | YES | YES | |||
17. | Antennas for the purpose of noncommercial reception of television and/or radio signals from orbiting satellites, subject to the following provisions: | YES | YES | YES | YES | YES | |||
a. | Ground-mounted satellite television antennas shall not exceed a height of 15 feet and shall not be located in the front yard area | ||||||||
b. | All satellite television antennas, when located between the minimum setback distance (front yard) and the dwelling, shall be adequately screened from view from the street by plantings. | ||||||||
18. | Tag sales (home) or garage sales, as defined in Section 2 of these bylaws, in excess of 2 per year | SPS | SPS | SPS | SPS | SPS | |||
19. | Marijuana microbusiness, engaged within a dwelling or in an accessory building by a resident of the premises involving no on-premises sales of products, articles, or goods made on or off the premises to consumers and conforming to Subsection 4.11.3.3 hereof | SPP | NO | NO | SPP | SPP | SPP | ||
20. | Marijuana craft cooperative, engaged within a dwelling or in an accessory building by a resident of the premises involving no on-premises sales of products, articles, or goods made on or off the premises to consumers and conforming to Subsection 4.11.3.3 hereof | SPP | NO | NO | SPP | SPP | |||
21. | Large-scale ground-mounted solar energy system | NO | NO | SPP | SPP | NO | NO | ||
22. | Medium-scale ground-mounted solar energy system | NO | NO | SPP | SPP | NO | YES | ||
23. | Small-scale ground-mounted solar energy system | SPP | SPP | SPP | SPP | SPP | YES | ||
24. | Roof-mounted solar energy system | YES | YES | YES | YES | YES | YES | ||
4.11.3
Special requirements.
4.11.3.1
Light and clean manufacturing. All uses under Subsection 4.11.1(25) shall meet the following performance standards:
A.
The use shall not be likely to create any dangerous, injurious, noxious, or otherwise objectionable fire, explosion, or other hazard, noise or vibration, smoke, dust, dirt, or other form of air pollution, electrical or other disturbance, glare, or any other dangerous or objectionable substance, condition, or element in such amount as to adversely affect the surrounding area or premises. The determination of the existence of any dangerous or objectionable elements shall be made at or beyond the property lines of the use creating such elements, wherever the effect is greatest. Any use already established on the effective date of this provision shall not be so altered or modified as to conflict with, or further conflict with, these performance standards.
B.
No materials or waste shall be deposited upon a lot in such form or manner that it may be transferred off the lot by natural causes or forces.
C.
All materials or waste which constitutes a fire hazard or which may be edible by or attractive to rodents or insects shall be stored outdoors only in closed containers.
D.
No discharge at any point into any public sewer, private sewage disposal system, or stream, lake, or pond, or into the ground of any material of such nature or temperature as can contaminate any water supply or cause the emission of dangerous or offensive elements shall be permitted, except in accordance with all relevant laws, rules, and regulations.
4.11.3.2
Conversion of single-family into two-family dwelling. All uses under Subsection 4.11.1(4) shall meet the following requirements:
A.
The lot size shall be equal to or greater than the minimum lot size in the district, even if the use prior to the conversion was protected as preexisting.
B.
The livable floor area of such dwelling shall not be increased, and no exterior changes shall be made which would alter the residential character of the building.
C.
The required yards shall be in compliance with the provisions of this bylaw.
D.
The Planning Board may impose such additional conditions as it finds reasonably necessary for the protection of neighboring uses, including fencing, screening, and the maintenance of existing ground improvements and landscaping.
4.11.3.3
Certain home occupations. All uses under Subsections 4.11.2(2) through (5) shall meet the following performance standards:
4.11.3.4
Multifamily uses. Any multifamily development shall conform to the following special requirements:
4.11.3.4.1
Development standards.
A.
The minimum lot area requirements per dwelling unit shall be a minimum of two acres plus an additional 1/2 acre per living unit over three units per structure.
B.
The required front, side, and rear yard dimensions shall be twice the minimum requirements for the district.
C.
No more than six dwelling units shall be provided for any such development.
D.
The minimum area of developed playgrounds, recreational areas, or other usable, suitably landscaped open space shall be at the rate of 1,000 square feet per bedroom.
E.
Front yard and all open areas shall be suitably screened from the road, suitably landscaped and maintained with grass, trees, shrubs and walks.
F.
Any driveway within the development shall be set back from any side or rear property line not less than 50 feet.
G.
Off-street parking space shall be located to the rear of the building setback line and at least 50 feet from any side or rear property line, and shall conform to the standards set forth in Section 6.2 of this bylaw.
4.11.3.4.2
Bonding. Unless the installation of all required improvements has been completed, no certificate of occupancy shall be issued by the Building Commissioner until the applicant shall have filed in the office of the Town Clerk a bond with surety satisfactory to the Town Counsel and Planning Board. Such bond shall be in the amount sufficient in the judgment of the Planning Board to secure the completion of such work in compliance with all applicable statutes, ordinances, and regulations, and in accordance with the approved site plan.
[Amended 5-9-2022 ATM by Art. 38]
4.11.3.5
Accessory apartments.
A.
The size and scale of the structure shall be appropriate to the neighborhood of predominately single-family dwellings; the appearance of a single-family house shall be maintained and its second entrance shall be to the side or rear of the building to avoid the appearance of a multifamily dwelling.
B.
Adequate parking for at least four vehicles shall be provided.
C.
Adequate visual screening and protection for neighboring properties from noise, traffic and light shall be provided.
D.
The overall building, landscaping, lighting and paving will not be substantially more detrimental to the neighborhood than would be a single-family dwelling.
E.
The owner of at least 50% of the real estate in whole must occupy one of the dwelling units.
F.
Certification shall be obtained from the Board of Health that the water and sanitary systems are adequate to support both dwelling units.
4.11.3.6
Mixed use.
[Added 2-27-2017 STM by Art. 2]
A.
Mixed use in the VCOD.
1.
Mixed use shall be allowed by right in the VCOD if the proposed uses to be mixed are all allowed by right in the Table of Principal Uses (Subsection 4.11.1).
2.
Any underlying use which requires a special permit according to the Table of Principal Uses shall continue to require such underlying special permit, notwithstanding that it is one of a combination of mixed uses.
B.
Mixed use in the Commercial District outside of the VCOD.
1.
Mixed use shall require a special permit in the Commercial District outside of the VCOD whether the underlying uses are authorized by right or by special permit.
C.
Requirements applicable to all mixed uses. All mixed use, whether or not located in the VCOD, and whether allowed in the district by right or by special permit, must meet the following requirements:
1.
Any allowable use may be combined with one or more other allowable uses.
2.
Six dwelling units or fewer are allowed on a mixed-use lot.
3.
Fifty percent of the ground floor adjacent to the street on which the lot has frontage must be used as a nonresidential use.
4.
At least one entrance to a mixed-use building must be located on the street on which the lot has frontage.
5.
The allowable uses may be co-located in the same building or in separate buildings on the same lot.
6.
Off-street parking shall be as required by Section 6.2.
D.
Conditions on mixed-use special permits. The special permit granting authority may impose conditions on its approval of a mixed-use special permit as permitted by Subsection 6.3.5.
4.11.3.7
A special permit for cultivation of marijuana for commercial purposes may only be granted in a residential district when the proposed use is part of the activity of a farm. For the purposes of this subsection, a farm must meet the criteria given in Subsection 4.11.3.7.a or 4.11.3.7.b.
[Added 1-14-2019 STM by Art. 1]
a.
A farm is defined as having more than five acres dedicated to agricultural production and the farm must meet the federal definition of a farm where the entity has an EIN number and shows a minimum of $2,500 in gross sales of any agricultural commodity.
b.
For farms that meet the federal criteria listed in Subsection 4.11.3.7.a but which are on lands less than five acres in size but more than two acres in size, a special permit may also be granted for the commercial cultivation of marijuana.
Where an applicant may propose to combine multiple marijuana-related uses on one site, each of which may require a separate license from the Cannabis Control Commission, the SPGA may elect to issue a single special permit for a facility that proposes to combine multiple licensed uses at one site. |
Marijuana-related uses may be of a business type or format as allowed by and as licensed by the Cannabis Control Law, 935 CMR 500, including marijuana microbusinesses and craft cooperatives. |
Other regulations relating to the cultivation of marijuana are given in Section 9.1. |