[Added 7-15-2014]
The intent of this article is to regulate the location of medical
marijuana dispensaries and producers. The primary purposes of these
regulations are to prevent a concentration of these uses in any one
area, to minimize any adverse impacts, and to protect and preserve
the quality of Killingworth's neighborhoods, commercial districts,
property values, and the quality of life.
As used in this article, the following terms shall have the
meanings indicated:
A place of business where marijuana may be dispensed or sold
at retail to qualifying patients and primary caregivers and for which
the Department of Consumer Protection has issued a dispensary facility
license to an applicant under Connecticut General Statutes §§ 21a-408-1
to 21a-408-70,[1] inclusive, and Section 21a-408-14 of the Regulations of
Connecticut State Agencies.
A secure, indoor facility where the production of marijuana
occurs and that is operated by a person to whom the Department of
Consumer Protection has issued a producer license under Connecticut
General Statutes §§ 21a-408-1 to 21a-408-70,[2] inclusive, and Section 21a-408-20 of the Regulations of
Connecticut State Agencies.
[Amended 11-1-2016]
Regulated uses identified in this article shall be subject to
the following separation restrictions:
A.
No medical marijuana dispensary facility shall be allowed within
1,000 feet of a school, church, temple or other place used primarily
for religious worship, public building, private recreation area, playground,
park, or child-care facility.
B.
No medical marijuana production facility shall be allowed within
1,000 feet of a school, church, temple or other place used primarily
for religious worship, public building, private recreation area, playground,
park, or child-care facility, or any other site containing a medical
marijuana producer.
C.
No medical marijuana dispensary or production facility shall be permitted
within the same building, structure, or portion thereof that is used
for residential purposes or that contains another medical marijuana
dispensary or production facility.
A.
A medical marijuana dispensary facility shall:
(1)
Restrict external signage to a single sign no larger than 16
inches by 18 inches;
(2)
Not illuminate a sign advertising a marijuana product;
(3)
Not advertise marijuana brand names or utilize graphics related
to marijuana or paraphernalia on the exterior of the dispensary facility
or the building in which the dispensary facility is located; and
(4)
Not display marijuana and paraphernalia so as to be clearly
visible from the exterior of a dispensary facility.
B.
No medical marijuana dispensary or production facility shall be conducted
in any manner that permits the observation of any material depicting,
describing, or relating to medical marijuana from any public way or
from any property not licensed as a medical marijuana dispensary or
producer.
All medical marijuana dispensary or production facilities shall
have an adequate security system to prevent and detect diversion,
theft, or loss of marijuana utilizing commercial grade equipment meeting
at least the minimum requirements of Section 21a-408-62 of the State
of Connecticut Regulations.
A.
Special exception permits shall be approved as conditional permits
subject to the permittee receiving the appropriate dispensary or production
facility permit issued by the State of Connecticut, Department of
Consumer Protection.
B.
The conditional approval shall be finalized upon the receipt by the
Zoning Enforcement Officer of a copy of the permit issued by the State
of Connecticut.
C.
The conditional approval shall become voided if the permittee fails
to provide the Zoning Enforcement Officer with a copy of the State
of Connecticut permit within six months of the Town of Killingworth
conditional approval.
(1)
A six-month extension of conditional approval shall be granted
to the permittee upon written notification to the Zoning Enforcement
Officer that the State of Connecticut permit approval is in process.
