[Added 5-5-2014 ATM,
Art. 36 (Amdt. No. 180); amended 5-7-2018 ATM, Art. 23 (Amdt. No. 186)]
A.
To provide for the placement of Marijuana Businesses in suitable
locations and to minimize adverse impacts on adjacent properties,
residential neighborhoods, historic districts, schools, playgrounds
and other locations where minors congregate by regulating the siting,
design, placement, security, and removal of Marijuana Businesses.
B.
Provisions set forth in this section shall take precedence over all
other sections of the Bylaw when considering applications related
to the construction, operation, expansion, repair, and/or removal
of lawful Marijuana Businesses.
A.
Establishment. For the purposes of this Bylaw, there is hereby established
a Marijuana Business Overlay District ("MBOD"). Within the MBOD, all
requirements of the underlying district(s) remain in effect, except
where these regulations provide an alternative to such requirements.
Land within the MBOD may be used either for (1) a Marijuana Business,
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 MBOD are silent on a zoning regulation, the requirements of
the underlying district shall apply. If the provisions of the MBOD
conflict with the requirements of the underlying district, the requirements
of the MBOD shall control.
B.
Delineation. The MBOD is delineated on shown the official Zoning
Map of the Town of Georgetown and the Town of Georgetown Zoning &
Overlay Districts Map on file with the Planning Office.
A.
The Planning Board shall act as the Special Permit Granting Authority
(SPGA) for all Marijuana Business applications.
A.
The cultivation, production, processing, assembly, packaging, retail
or wholesale sale, trade, distribution or dispensing of marijuana
is prohibited unless permitted by Special Permit as a Marijuana Business
under this section, except as otherwise provided herein.
B.
No Marijuana Business shall be established except in compliance with
the provisions of this Zoning Bylaw section and all other sections
of the Town of Georgetown's Bylaws.
C.
Nothing in this Bylaw shall be construed to supersede federal and
state laws governing the sale and distribution of narcotic drugs.
Where not expressly defined in the Zoning Bylaws, terms used
in the MBOD Bylaw shall be interpreted as defined in MGL c. 94G and
MGL c. 94I and regulations promulgated and/or incorporated thereunder,
and otherwise by their plain language. The following terms as used
in this ordinance are defined as follows:
All parts of any plant of the genus Cannabis, not excepted
below and whether growing or not; the seeds thereof; and resin extracted
from any part of the plant; and every compound, manufacture, salt,
derivative, mixture or preparation of the plant, its seeds or resin
including tetrahydrocannabinol as defined in MGL c. 94C, § 1;
provided that "marijuana" shall not include: (1) the mature stalks
of the plant, fiber produced from the stalks, oil, or cake made from
the seeds of the plant, any other compound, manufacture, salt, derivative,
mixture or preparation of the mature stalks, fiber, oil, or cake made
from the seeds of the plant or the sterilized seed of the plant that
is incapable of germination; (2) hemp; or (3) the weight of any other
ingredient combined with marijuana to prepare topical or oral administrations,
food, drink or other products.
A Registered Marijuana Dispensary, Marijuana Establishment,
or any combination or part thereof.
Pursuant to MGL c. 94G, § 1 and regulations promulgated
thereunder, an entity licensed to cultivate, process, and package
marijuana, to deliver marijuana to marijuana establishments, and to
transfer marijuana to other marijuana establishments, but not to consumers.
A marijuana cultivator, independent testing laboratory, marijuana
product manufacturer, marijuana retailer, or any other type of licensed
marijuana related business, for the non-medical use of marijuana,
as set forth in MGL 94G, and regulations promulgated thereunder.
Pursuant to MGL c. 94G, § 1 and regulations promulgated
thereunder, an entity licensed 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 (except that nothing in this definition
or Bylaw shall allow for the consumption of marijuana on the premises
where marijuana is sold).
As defined by 105 CMR 725.000, et al., as it may be amended
or superseded, and pursuant to all other applicable state laws and
regulations, means an entity registered under 105 CMR 725.100, also
referred to and known as a Medical Marijuana Treatment Center, means
an entity registered under 105 CMR 725.100, that acquires, cultivates,
possesses, processes [including development of related products such
as edible marijuana-infused products ("MIPs"), 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, RMD refers to the
site(s) of dispensing, cultivation, and preparation of marijuana.
An application for a Marijuana Business shall be reviewed by
the SPGA for consistency with the provisions of this section. All
proponents are required to provide a Site Plan Approval application
to the SPGA demonstrating compliance with, or a written waiver request
for, each of the following requirements in order to be deemed a complete
application:
A.
Administration. Prior to construction, installation or modification of a Marijuana Business, a Site Plan Approval application shall be made pursuant to the provisions of § 165-83 in addition to the provisions of this article.
B.
Compliance with Zoning Laws, Ordinances and Regulations. The construction
and operation of any Marijuana Business shall be consistent with all
applicable local, state and federal requirements, including but not
limited to all applicable safety, construction, electrical, and communications
requirements.
C.
Fees. A Site Plan Approval application for a Marijuana Business must
be accompanied by the filing fee established by the SPGA.
D.
General. All site and structural plans and maps shall be prepared,
sealed and signed by a professional civil engineer licensed to practice
in the Commonwealth of Massachusetts. All building plans and elevations
shall be prepared, sealed and signed by an architect licensed to practice
in the Commonwealth of Massachusetts.
E.
Submission requirements and required documents.
(1)
As party of the Special Permit and Site Plan Approval process,
the applicant shall demonstrate to the SPGA's satisfaction that the
following design process was followed in determining the location
of a proposed Marijuana Business;
(a)
Understanding potential development sites. The first step is
to inventory existing potential sites;
(2)
Zoning district designation for the parcel(s) of land comprising
the project site [submission of a copy of a Zoning Map with the parcel(s)
identified is suitable for this purpose];
F.
Safety standards: Upon request by the SPGA, the owner and/or operator
shall cooperate with local emergency services in developing an emergency
response plan. The owner or operator shall identify a responsible
person for public inquiries throughout the life of the facility.
(1)
Emergency Services Plan. Prior to issuance of a building permit,
the Marijuana Business owner and/or operator shall provide a written
plan including but not limited to a project summary to the Town's
Board of Selectmen, local safety officials including the Police Chief,
Fire Chief and Building Inspector. The SPGA shall confirm adequacy
of emergency access and safety procedures with the local safety officials
prior to approval of any Site Plan for the Marijuana Business.
(2)
Unauthorized access. The Marijuana Business shall be designed
to allow access within the area of the Marijuana Business to authorized
personnel as well as state and municipal emergency personnel only.
G.
Proof of liability insurance. The applicant shall be required to
provide evidence of liability insurance in an amount, and for the
duration, sufficient to cover loss or damage to persons and property
occasioned by the failure of the facility;
H.
Eligible locations. Any Marijuana Business facility permitted under
this section shall be located only in a zoning district that is designated
for its use within this Zoning Bylaw. No Marijuana Business use shall
be located within 300 linear feet of a property line where the following
zoning district, activity or use occurs, whether within the municipal
borders of the Town of Georgetown or adjoining municipality;
(2)
School, including a public or private elementary, vocational,
or secondary school or a public or private college, junior college,
or university;
(3)
Any child-care facility;
(4)
Library;
(5)
Playground;
(6)
Public park;
(7)
Youth center;
(8)
Public swimming pool;
(9)
Religious institution;
(10)
Video arcade facility;
(11)
Similar facility in which minors commonly congregate in an organized,
ongoing, formal basis;
(12)
Any other Marijuana Business;
(13)
Any drug or alcohol rehabilitation facility;
(14)
Any correctional facility, half-way house or similar facility;
or
(15)
Any establishment licensed under the provisions of General Law,
Chapter 138, Section 12.
I.
Separation. Distances shall be calculated by direct measurement from the nearest property line of the land used for school or child-care purposes or places where minors frequent or any other use listed above in § 165-161H to the nearest point of the property line of the proposed Marijuana Business parcel. The distance requirement may be reduced by a super majority vote of the full Planning Board, but only if:
[Amended 5-6-2019 ATM,
Art. 18 (Amdt. No. 191)]
(1)
The applicant demonstrates that the Marijuana Business would
otherwise be effectively prohibited within the municipality, and
(2)
With regard to locations protected pursuant to § 165-161H(1) through (15), the applicant demonstrates that the Marijuana Business will employ adequate security measures to prevent diversion of marijuana to unauthorized minors.
J.
Visibility: There shall be no visual proof or visibility of use activities,
products or treatment occurring within or on the premises of a Marijuana
Business from the exterior of such facility or premises.
The SPGA may grant a Special Permit and a Site Plan Approval
and require that certain requirements be met as conditions of approval.
A.
Procedure. The Planning Board shall be the Special Permit Granting
Authority (SPGA) for a Marijuana Business special permit application.
B.
Criteria. In the review and evaluation of an application and in making
a final determination in writing, the SPGA shall consider but not
be limited to the following as it pertains to a Marijuana Business:
(1)
Complies with all requirements set forth in this section;
(2)
Minimizes visual impact by controlling off-site visibility of
parking, storage, or other outdoor service areas viewed from public
ways and places or land residentially used or zoned;
(3)
Provides adequate stormwater management and other utilities
consistent with the functional requirements of the Town of Georgetown
Subdivision Rules and Regulations, Department of Environmental Protection,
Massachusetts Stormwater Management Handbook (as revised);
(4)
Maximizes pedestrian and vehicular safety on-site, including
points of ingress and egress;
(5)
Minimizes glare from headlights and lighting intrusion;
(6)
Minimizes unreasonable departure from character, materials,
and scale of buildings in the vicinity, as viewed from public ways
and places or premises residentially used or zoned;
(7)
Ensures compliance with the provisions of the Town of Georgetown's
Zoning Bylaw, including parking, signs, landscaping, environmental
standards and other pertinent sections;
(8)
Specific use is an appropriate location for such a use;
(9)
Nuisance is not expected to be created by the use;
(10)
Provides adequate access to each structure for emergency service
equipment;
(11)
Facility shall be constructed and operated in a manner that
minimizes adverse visual, safety and environmental impacts;
(12)
Proposed Marijuana Business does not create 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.
C.
Special Permit conditions. The SPGA may 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 Marijuana Business, the SPGA may 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 regulations promulgated in accordance with MGL c. 94C, MGL c.
94G, or MGL c. 94I, with the Zoning Enforcement Officer and the SPGA
within 24 hours of creation by the Marijuana Business. 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 summary cease and
desist order, cease and desist order, quarantine order, summary suspension
order, order limiting sales, notice of a hearing, or final action
issued by DPH or the Division of Administrative Law Appeals, as applicable,
regarding the Marijuana Business with the Zoning Enforcement Officer
and SPGA within 48 hours of receipt by the Marijuana Business;
(4)
The special permit shall lapse within five years of 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;
(5)
The special permit shall be limited to the current applicant
and shall lapse if the permit holder ceases operating the Marijuana
Business;
(6)
The special permit shall lapse upon the expiration or termination
of the applicant's registration by Department of Public Health ("DPH")
or the Cannabis Control Commission ("CCC");
(7)
The permit holder shall notify the Zoning Enforcement Officer
and SPGA in writing within 48 hours of the cessation of operation
of the Marijuana Business or the expiration or termination of the
permit holder's registration with DPH or CCC.
D.
Application. In addition to the materials required under Town of Georgetown Article XIII of Chapter 165, the applicant shall include:
(1)
A copy of its registration from the DPH or the CCC;
(2)
A detailed floor plan of the premises of the proposed Marijuana
Business that identifies the square footage available and describes
the functional areas of the Marijuana Business, including areas for
any preparation of MIPs;
(3)
Detailed site plans that include the following information:
(a)
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 and Chapter 165 of Town of Georgetown Zoning Bylaws;
(b)
Convenience and safety of vehicular and pedestrian movement
off the site, if off-site vehicular and pedestrian traffic can reasonably
be expected to substantially affected by on-site changes;
(c)
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;
(d)
Design and appearance of proposed and/or existing buildings,
structures, freestanding signs, screening and landscaping; and
(e)
Adequacy of water supply, surface and subsurface drainage and
light.
(4)
Description of the security measures, including employee security
policies, approved by DPH or CCC for the Marijuana Business;
(5)
Copy of the emergency procedures approved by DPH or CCC for
the Marijuana Business;
(6)
Copy of the policies and procedures for patient or personal
caregiver home-delivery approved by DPH or CCC for the Marijuana Business;
(7)
Copy of the policies and procedures for the transfer, acquisition,
or sale of marijuana between Marijuana Businesses;
(8)
Copy of proposed waste disposal procedures; and
(9)
Description of any waivers from DPH or CCC regulations issued
for the Marijuana Business;
E.
Notification. Any new applications sought under this section must
be publically advertised for a period of no less than fourteen (14)
days, not including the date of the required special permit public
hearing. Abutters within three hundred (300) feet shall be notified
in writing of said application, and include any and all dates and
locations of public hearings on said application.
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The SPGA shall refer copies of the application to the Building
Department, Fire Department, Police Department, Board of Health, the
Conservation Commission, the Highway Department, Board of Water Commissioners,
and the Planning Board. 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.
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F.
Waivers. The SPGA may waive, by an affirmative majority vote, any
of the submittal and design requirements if it determines that strict
compliance with those submittal and design requirements, because of
the size or unusual nature of proposed building(s), structure(s),
lay of the land, may not be in the best interest of the Town, the
general public and/or an undue hardship on the applicant.
G.
Final action. After notice and public hearing 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 special permit. No Marijuana Business shall be erected,
constructed, installed or modified as provided in this section without
first obtaining a Site Plan Approval decision from the SPGA and a
building permit from the Building Inspector.
H.
Modifications to approved site plan. All material modifications to
a Marijuana Business made after issuance of the required permit shall
require approval by the SPGA as provided in this section. Modifications
to an approved Site Plan shall be allowed upon submission of a written
description to the SPGA of the proposed modifications. The request
for modification shall be subject to the submittal, review and hearing
procedures as required for new filings unless the SPGA finds that
the proposed modifications satisfy the review criteria and the Site
Plan as modified would be consistent with the originally approved
plan and therefore a new public hearing may not be required.
I.
Appeals. The decision of the SPGA and/or Building Inspector made on any project subject to the provisions of this section may be appealed pursuant to the provisions of § 165-98 of Town of Georgetown's Zoning Bylaw.
J.
Enforcement. Enforcement of violations of any approvals and conditions of approvals, including violations of any development and/or performance standards identified in this section shall be governed by § 165-97 of the Town of Georgetown Zoning Bylaw.
K.
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.
L.
Issuance of building permit. No building permit for a Marijuana Business shall be issued until the SPGA has rendered its decision on the Special Permit and Site Plan Approval application and the appeals period pursuant to MGL c. 40A, § 17 has lapsed or any appeal taken has been finally resolved. Any site clearing or disturbance done on a site ultimately for the purpose of a Marijuana Business without a building permit shall be deemed improper clearing, a violation of the provisions of the Town of Georgetown Zoning Bylaw and shall be enforced pursuant to the provisions of Article XVI of the Town of Georgetown Zoning Bylaw.
M.
(Reserved)
O.
Violations. It shall be unlawful for any person to construct, install,
or operate a Marijuana Business that is not in compliance with this
section or with any condition contained in a permit issued pursuant
to this section.
Any proposed Marijuana Business shall be subject to development and performance standards, as set forth below, for the placement, design, construction, monitoring, modification and removal. Such development and performance standards exist to address public safety and minimize impacts on resources of the Town. Whereas all projects must demonstrate compliance with applicable provisions of Chapter 165, the following standards shall be in addition to or take precedence over design standards of § 165-83 and Appendix 4 Intensity of Use Schedule:[1]
A.
Dimension and density requirements.
(1)
Setbacks. The purpose of setbacks is to mitigate adverse impacts
on abutting properties. For Marijuana Business, compliance with front,
side and rear setbacks shall be as follows:
(a)
Front yard. The front yard shall have a depth at least 20 feet
from the property line provided, however, where the locus abuts a
conservation use, recreational use or residential use district, the
front yard shall not be less than 50 feet;
(b)
Side yard. Each side yard shall have a depth at least 20 feet
from the property line provided, however, where the locus abuts a
conservation use, recreational use or residential district, the side
yard shall not be less than 50 feet;
(c)
Rear yard. The rear yard depth shall be at least 25 feet from
the property line provided, however, that where the locus abuts a
conservation use, recreation use or residential district, the rear
yard shall not be less than 50 feet;
(2)
The SPGA may grant a waiver from setback requirements if the
applicant can demonstrate:
(a)
Failing to do so would render the siting of the Marijuana Business
unfeasible; and
(b)
The waiver will not impede access or egress for maintenance
personnel or emergency responders; and
(c)
The waiver will not adversely affect the intent of this bylaw
section in terms of development and design standards.
B.
Design standards.
(1)
Lighting. Lighting of a Marijuana Business shall be consistent
with local, state and federal law. Lighting of other parts of the
installation, such as appurtenant structures, shall be limited to
that required for safety and operational purposes, and shall be reasonably
shielded from abutting properties. Where feasible, lighting of the
RMD shall be directed downward and shall incorporate full cut-off
fixtures to reduce light pollution.
(2)
Landscaping. Applicant shall submit a Landscape Plan detailing
the following:
(a)
All proposed changes to the landscape of the site, including
temporary or permanent roads or driveways, grading, area of vegetative
clearing, all proposed vegetative screening and/or fencing and planting,
exterior lighting and structures;
(b)
Planting design shall include details of the types and size
of plant materials. To the extent feasible or practicable, landscaping
shall be designed in an environmentally sensitive manner with non-invasive
drought-tolerant native plants, so as to reduce irrigation needs and
heating and cooling needs;
(c)
All landscaped areas shall be properly maintained and monitored
for at least two growing seasons. Shrubs or trees that die shall be
replaced by the applicant or property owner within one growing season.
The long-term maintenance of approved landscaping shall be the responsibility
of the individual or entity identified in the application for facilities
maintenance purposes.
(3)
Signage. Signs on a Marijuana Business shall comply with the provisions of Article X of Town of Georgetown Zoning Bylaws and shall be limited to:
(a)
Location, materials and details of proposed signs shall be submitted;
(b)
A sign consistent with a municipality's sign bylaw shall be
required to identify the owner and provide a twenty-four-hour emergency
contact phone number;
(c)
Facility shall not be used for displaying any advertising except
for reasonable identification of the operator;
C.
Land clearing, soil erosion and habitat impacts. Clearing of natural vegetation shall be limited to what is necessary for the construction, operation and maintenance of the Marijuana Business and per best management practices and otherwise prescribed by applicable laws, regulations, and bylaws, particularly but not limited to Town of Georgetown's Chapter 49 Earth Removal and Chapter 57 Erosion and Stormwater Control. The limit of work shall be shown on the submitted Site Plan.
D.
Operation and maintenance. The applicant, owner or operator shall
maintain the facility in good condition. The individual or entity
responsible for maintenance shall be clearly identified in the application.
Maintenance shall include, but not be limited to, painting, structural
repairs, and integrity of security measures. Site access shall be
maintained to a level acceptable to the Fire Chief and other public
safety officials. The owner or operator shall be responsible for the
cost of maintaining the Marijuana Business and any access road(s)
and the cost of repairing any damage occurring as a result of operation
and construction. The owner and/or operator shall be responsible for
all activities identified on said plan until the facility is closed.
E.
Removal and decommissioning.
(1)
Removal requirements. Any Marijuana Business that will be closed, has been closed or is determined to be abandoned in a manner consistent with Article XV of Town of Georgetown's Zoning Bylaw shall be removed. The owner or operator shall have completely physically removed the facility, as it pertains to the interior of the structure and specialized to the use of a Marijuana Business, no more than 150 days after the date of discontinued operations. At least 30 days prior to the proposed date of discontinuation of operations, the owner or operator shall notify the SPGA and the Building Inspector by certified mail of the proposed date of discontinued operations and include plans for removal.
[1]
Editor's Note: The Intensity of Use Schedule is included as an attachment to this chapter.
