[Added 5-14-2018 ATM
by Art. 10]
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.
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.
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.
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:
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;
Independent financially from any medical marijuana treatment
center or any licensee or marijuana establishment for which it conducts
a test; and
Qualified to test marijuana in compliance with 935 CMR 500.160
and M.G.L. c. 94C, § 34.
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.
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.
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.
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.
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.
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.
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.
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.
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).
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.
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.
