6.1.1.
Dimensional requirements. Motor vehicle service stations shall
conform to the following dimensional requirements:
1.
The minimum lot area shall be 12,000 square feet.
2.
The minimum frontage on a street shall be 120 feet.
3.
The maximum width of driveways and sidewalk openings measured at
the street lot line shall be 30 feet and the minimum shall be 20 feet.
4.
The minimum setback of any building from all street lot lines shall
be 40 feet.
5.
The minimum setback of gasoline pumps and service appliances shall
be 25 feet from all street lines.
6.1.2.
Driveways. The minimum distance of driveways measured at lot
line shall be as follows:
1.
From corner lot line, 20 feet.
2.
From interior side of lot line, 10 feet.
3.
From other driveway on same lot, 20 feet.
4.
No driveway to or from any filling station shall be within 50 feet
(measured along the street line on that side of the street which such
driveway would cross) of any public or private school, church, playground,
hospital, public library or institution for dependents or children.
6.1.3.
Standards. Motor vehicle service stations shall conform to the
following standards:
1.
All illumination shall be shielded so as to not to shine on any adjacent
property.
2.
All washing, lubricating and repairing shall be carried on inside
the building.
3.
The area of the lot not landscaped shall be graded, surfaced with
asphalt or other suitable material and drained to the extent necessary
to prevent nuisances of erosion or excessive water flow across public
ways.
4.
Signs and other advertising devices shall conform to Section 5.3.
5.
No service station shall be used for residential purposes or for
the rental, sales or leasing of vehicles, trailers or other merchandise,
except as may otherwise be authorized by the Board of Licensing Commissioners
or City ordinance.
6.
A raised curb at least six inches in height shall be constructed
along all street frontage except at driveway openings.
7.
Any motor vehicle service station which abuts a residence district
shall provide a strip at least five feet wide along each such abutting
line, densely planted with shrubs or trees which are at least four
feet high at the time of planting and which are of a type that may
be expected to form a year-round opaque screen at least six feet high
within three years. Such plantings shall be maintained in good condition
at all times and shall not be permitted to exceed seven feet in height.
Such screening or barrier may be interrupted by normal entrances or
exits and shall have no signs or other advertising devices hung or
attached thereto.
6.2.1.
General. No soil, loam, sand, gravel or stone shall be removed
from any lot not in public use in the City without first obtaining
a special permit from the Zoning Board of Appeals except as exempted
herein.
1.
An urban renewal use is exempt from the provisions of Section 6.2.
6.2.2.
Procedures. Each application for a special permit for earth
removal shall be accompanied by a plan, submitted in triplicate, prepared
at the expense of the applicant by a registered land surveyor or civil
engineer, showing:
6.2.3.
Conditions and restrictions. In granting a permit hereunder,
the Zoning Board of Appeals may impose reasonable conditions and restrictions
as it deems to be in the public interest, including but not limited
to:
1.
Method of removal.
2.
Type and location of temporary structures.
3.
Hours of operation.
4.
Operations of removal trucks.
5.
Area, depth and contours of excavations.
6.
Distance of excavation to street and lot lines.
7.
Reestablishment of ground lands and grades.
8.
Provisions for temporary and permanent drainage.
9.
Disposition of boulders and tree stumps.
10.
Replacement of loam over the area of removal.
11.
Planting of the area to suitable cover.
12.
Cleaning, repair and/or resurfacing of streets used in removal
activities which have been adversely affected by the removal activity.
6.2.4.
Time limits; performance guarantee. No permit for removal shall
be issued for a period of more than three years, although such a permit
may be renewed for additional periods in the same manner. The Zoning
Board of Appeals shall require a cash bond or surety company bond
to insure compliance with its conditions of authorization unless in
a particular case it specifically finds that such security is not
warranted and so states in its decision, giving the reason for its
finding.
6.2.5.
Exceptions. The following activities shall be exempt from this
Section 6.2:
1.
The removal of less than 10 cubic yards of material in the aggregate
in any year from one premises.
2.
The transfer of material from one part of a premises to another part
of the same premises for immediate use in such other part of the premises.
3.
The removal of material necessarily excavated in connection with
the lawful construction of a building or structure, a sidewalk or
path incidental to any such building or structure as indicated on
plans and profiles prepared by a registered engineer and approved
by the Director of Inspectional Services, or any driveway/parking
facility permitted in accordance with Section 5.1.14.
4.
The removal of material necessarily excavated in connection with
the lawful construction of public or private ways as indicated on
plans and profiles prepared by a registered engineer and approved
by the Planning Board.
6.3.1.
General. In any district, no structure, fence or sign shall
be constructed and no vegetation shall be planted or maintained in
the plane above curb level so as to interfere with traffic visibility
across a corner within that part of the lot which is within a triangle
formed by the street lines and a third line joining points on the
street lot lines 25 feet from their intersection.
6.3.2.
Urban renewal use. An urban renewal use is exempt from the provisions
of Section 6.3.
6.4.1.
Purpose. It is the purpose of this section to address and mitigate
the secondary effects of the adult uses and sexually oriented businesses
that are referenced and defined herein. Secondary effects have been
shown to include increased crime, adverse impacts on public health,
adverse impacts on the business climate of the City, adverse impacts
on the property values of residential and commercial properties, and
adverse impacts on the quality of life in the City. All of said secondary
impacts are adverse to the health, safety and general welfare of the
City and its inhabitants.
[Amended 6-1-2020 by Order
No. 2020-012]
1.
The provisions of this Section 6.4 have neither the purpose nor intent
of imposing a limitation on the content of any communicative matter
or materials, including sexually oriented matter or materials. Similarly,
it is not the purpose or intent of this Section 6.4 to restrict or
deny access by adults to adult uses or to sexually oriented matter
or materials that are protected by the Constitution of the United
States of America or of the Commonwealth of Massachusetts, nor to
restrict or deny rights that distributors or exhibitors of such matter
or materials may have to sell, rent, distribute or exhibit such matter
or materials. Neither is it the purpose or intent of this Section
6.4 to legalize the sale, rental, distribution or exhibition of obscene
or other illegal matter or materials.
6.4.2.
General. Adult uses may be authorized by special permit as set
forth in the Table of Use Regulations. The following regulations shall
apply to adult uses as defined in this chapter. An urban renewal use
is exempt from the provisions of Section 6.4.
[Amended 6-1-2020 by Order
No. 2020-012]
6.4.3.
Prohibition. No adult use special permit shall be issued to
any person convicted of violating the provisions of MGL c. 119, § 63,
or MGL c. 272, § 28.
6.5.1.
General. Body art establishments may be authorized by special
permit in the IA and IB Districts, as set forth in the Table of Use
Regulations.
[Amended 6-1-2020 by Order
No. 2020-012]
6.6.1.
Purpose. This section is intended to make the permitting of
wireless communications facilities a public process that allows adequate
personal wireless services to be developed while contemporaneously
protecting the City of Quincy's character and appearance, protecting
the public safety and general welfare of the community, and minimizing
any adverse impacts of such facilities. This shall be accomplished
by requiring that wireless communications facilities be authorized
by special permit while being configured so as to minimize and mitigate
adverse visual impact and by providing requirements and standards
for regulation, placement, location, construction, monitoring, design,
modification and removal of such facilities.
6.6.2.
Location. Wireless communications facilities may be located
as set forth in the Table of Use Regulations.
6.6.3.
Special permit. No wireless communications facility shall be
constructed or maintained without the issuance of a special permit
by the Zoning Board of Appeals (hereafter referred to as the "Board")
or the Planning Board if the wireless communications facility shall
be located within the QCD-10 or QCD-15 District, or in accordance
with the provisions of Section 9.4 and other applicable sections and
subject to a determination by the Board that the proposed wireless
communications facility will not cause substantial detriment to the
City or the neighboring area. Said determination shall include but
not be limited to consideration of the communications needs to be
served by the wireless communications facility, impact on the neighborhood
character, including aesthetics, impact on the natural environment,
including visual impacts, impact on traffic flow and safety, and potential
fiscal impact, including impact on City services, tax base and employment.
6.6.4.
Contents of application. Each applicant for a special permit
under this section shall include in the application, at a minimum,
the following information:
1.
A copy of the owner's deed to the lot or parcel where a proposed
facility is to be located or evidence of the applicant's right to
possession and/or control of the premises where the applicant is not
the owner of record. Without limiting the foregoing, every application
must be joined by a personal wireless service provider who will be
an immediate user of the proposed personal wireless facility.
2.
A narrative description of the proposed facility, including the location
and identification of all components together with a statement describing
the purpose of each component and its intended function together with
photographs or other graphic illustrations fairly depicting the physical
appearance of the proposed facility equipment when installed. Said
description shall include the capacity of the facility, the number
and types of antennas and the basis for the calculation of the capacity.
3.
A locus plan prepared and certified by a licensed professional engineer
depicting all property lines, the exact location and dimension of
all components of the proposed facility, including all structures,
streets, easements, rights-of-way, landscape features, including contours,
residential dwellings and all buildings within 500 feet of the proposed
facility and also elevations showing details of the installation.
4.
A map showing an itemized description of all personal wireless facilities
currently existing within 10 miles of the proposed installation and
in addition those facilities which the applicant expects to install
and/or reasonably knows will be proposed or installed by itself and/or
other personal wireless service providers within the next 24 months.
5.
A description and copies of all federal, state and local licenses,
permits or other approvals obtained by the applicant to date or to
be obtained by the applicant prior to construction of the proposed
facility. This shall include an affidavit by the applicant and supporting
documentation that the proposed facility complies with or is exempt
from applicable regulations administered by the Federal Communications
Commission, Federal Aviation Administration, Massachusetts Aeronautics
Commission and the Department of Public Health.
6.
A statement as to whether an environmental assessment (EA), a draft
environmental impact statement (DEIS) or environmental impact statement
(EIS) is or will be required under the National Environmental Protection
Act or the National Historic Preservation Act and, if so, a copy of
said EA, DEIS, or EIS.
7.
A description in both geographic and radio frequency terms of the
scope and quality of the service currently available and being provided
to the City by the applicant's existing facilities, the need to be
addressed by the proposed facility, and the manner in which the proposed
facility addresses the perceived needs identified.
8.
A statement describing the current state of technology available
to provide wireless telecommunications services and whether any such
technology is available and feasible for the purpose of addressing
the perceived need described in Subsection 7 above. Included in this
statement the applicant shall address whether the most current system
optimization software available has been employed so as to improve
spectrum usage and capacity and whether such software might address
the perceived need.
9.
A description of the terms of any co-location agreements between
the applicant and any other personal wireless service provider.
10.
A statement as to whether the applicant considered any alternatives
to a freestanding facility, including but not limited to co-locating
on an existing facility, and, if so, the reason(s) such alternatives
are not being proposed.
11.
A statement as to why there exists no feasible alternative to
a freestanding facility to address the need identified herein.
12.
A statement as to whether the need identified herein may be
adequately met by siting a facility on other property.
13.
A statement from the applicant as to whether the proposed facility
will have any impact on an environmentally, historically or archaeologically
significant area in the vicinity of the proposed facility.
14.
A description of the radio frequency testing procedures conducted
by the applicant in connection with the proposed facility and the
results thereof.
15.
A statement setting forth the applicant's projected future needs
for wireless telecommunications facilities within the City of Quincy.
16.
A statement as to whether the applicant is seeking approval
of co-location facilities on the proposed facility and, if so, a detailed
description in compliance with the preceding subsections of all components
of the co-location facility for which the applicant is seeking approval.
6.6.5.
Procedures; balloon test. After the notice of public hearing
has been published as provided by MGL c. 40A, § 11, but
prior to the hearing for which notice has been given thereunder, the
applicant shall, with not less than 48 hours' written notice to the
Board and all immediate abutters, and owners of land directly opposite
on any public or private street or way, and abutters to abutters within
300 feet of the property line of the applicants as they appear on
the most recent applicable tax list, conduct a balloon test or crane
test, or such other reasonable equivalent, of the height of the freestanding
facility and submit to the Board prior to the hearing photographic
representation from a suitable number of locations (the cardinal points,
N, S, E, W, as a minimum) so as to depict the visual impact of the
proposed facility on the City, the neighborhood and the abutters.
6.6.6.
Independent review. Upon receipt of an application for a special
permit under this section, the Board may hire independent consultants
whose services shall be paid for by the applicant for the purposes
of evaluating any aspect of the proposed facility, review of the application
and review of current service coverage. The applicant shall cooperate
with the independent consultant selected by the Board and shall provide
all information reasonably requested by the independent consultant,
including but not limited to radiological testing of the site in question
and the surrounding area as the Board determines.
6.6.7.
Criteria; special permit. The Board shall issue a special permit
for the construction of a freestanding wireless communications facility
only where it finds that:
1.
Existing facilities do not adequately address the need for service
as determined by evidence supplied by the applicant (and through independent
review, above) in accordance with these requirements;
2.
There exists no feasible alternative to the proposal that would adequately
address the need in a less intrusive manner; and
3.
The proposed use is in harmony with the general purpose and intent
of this Section 6.6.
6.6.8.
Conditions. The Board may attach to the issuance of a special
permit issued hereunder such terms and conditions deemed appropriate
in order to safeguard the safety and welfare of the City and to mitigate
the impact of any attached or freestanding facility to be constructed
pursuant to a special permit issued hereunder, including but not limited
to the following conditions:
1.
New freestanding wireless communication facilities shall be limited
to monopoles. No lattice towers shall be permitted. Monopoles shall
be designed so as to structurally accommodate other potential users
where technically practicable. No new monopole shall be erected if
there is technically suitable space available on an existing monopole
within the geographic area to be served. The applicant shall make
accommodation and shall agree to rent or lease space on the monopole
under the terms of fair market lease, without discrimination, to other
personal wireless service providers. Monopole height shall not exceed
100 feet above mean finished ground elevation at the base of the mounting
structure. The Board may waive this height restriction, not to exceed
140 feet above mean finished ground elevation at the base of the mounting
structure, to allow for co-location which will reduce the need for
other facilities.
2.
Wireless communications service providers shall, to the maximum extent
possible, co-locate on a single facility.
3.
Existing on-site vegetation shall be preserved to the maximum extent
practicable. The Board may require the planting of screening vegetation
around the perimeter of the proposed site and around communication
equipment shelters and any other proposed buildings.
4.
The wireless communication facility shall minimize, to the maximum
extent feasible, adverse visual effects on the environment. The Board
may impose reasonable conditions to ensure this result, including
painting and lighting standards, landscaping and screening.
5.
Any communication equipment shelter or accessory building for support
of communication equipment, as well as any fencing installed to control
access to it, shall be designed to be architecturally similar to and
compatible with the surrounding area, and, whenever feasible, the
structure shall be constructed underground. Accessory buildings shall
be screened so as to minimize visibility from adjacent premises.
6.
Antennas and related equipment on existing structures shall be camouflaged,
that is, disguised, shielded, hidden or made to appear as an architectural
component of the structure.
7.
Facade-mounted antennas shall not extend above the face of any wall
or exterior surface of the existing structure.
8.
No roof-mounted wireless communications equipment shall extend vertically
more than eight feet for any building up to 15 feet in height, 10
feet for any building 15 feet to 36 feet, or 12 feet for any building
more than 36 feet. Such equipment shall be set back from the edge
of the roof one foot for every foot of equipment height.
9.
The area surrounding the personal wireless facility and accessory
buildings shall be completely secure from trespass and vandalism.
Fencing may be required to control unauthorized entry. A sign not
larger than one foot square shall be posted adjacent to the entry
gate/accessway to the facility indicating the name of the facility's
owner and a twenty-four-hour emergency telephone number.
10.
No commercial signage or advertising shall be affixed to any
wireless communication monopole.
11.
Traffic associated with the wireless communication facility
shall not adversely affect public ways.
6.6.9.
Abandonment. Any wireless communications facility that is not
operated or that is not in compliance with City ordinance for a continuous
period of 30 days shall be considered abandoned, and the Director
of Inspectional Services may, by written notice sent by certified
mail, order that such facility be removed. Upon such determination
and notification all structures and equipment and any associated debris
associated with the wireless communications facility shall be removed
within 30 days. The Board may require that the proper dismantling
and removal of such structures and equipment and the lawful disposal
thereof be secured by a bond or other form of surety sufficient in
the opinion of the Board to secure performance under this subsection.
Such bond or other surety shall be maintained throughout the period
of construction, location, operation and use of the subject wireless
communications facility. The Director of Inspectional Services shall
receive 30 days' advance written notice of any cancellation, nonrenewal
or material amendment of such bond or other surety. In the event that
the posted amount does not cover the cost of such removal and disposal,
the City may place a lien upon the premises covering the difference
in costs.
6.6.10.
Term. Unless an earlier expiration date is specified by the
Board, all special permits issued under this section shall automatically
expire five years from the date of issuance. Prior to the expiration
the applicant may apply for successive five-year renewals subject
to the public hearing process. In determining whether the special
permit shall be renewed, the Board may take into consideration whether
there then exists any structure or technology available to the applicant
which would enable the applicant to provide functionally equivalent
services in a less intrusive manner. Upon expiration of a special
permit that has not been renewed, the applicant shall disassemble
and remove the entire facility forthwith at its expense, and any such
facility not removed in its entirety within 30 days of the expiration
of the special permit shall be deemed abandoned within the meaning
of Section 6.6.9 above.
6.6.11.
Insurance. The wireless communications provider shall continuously
insure its equipment and facilities against damages to persons and
property in an amount established by the Board, in conjunction with
the Director of Inspectional Services, based upon the nature and extent
of the proposed facility. On an annual basis said provider must deliver
to the Director of Inspectional Services a certificate of insurance,
in which the City shall be listed as an additional insured.
6.6.12.
Compliance with other laws. Monopoles, equipment, and facilities
must be installed, erected, maintained and used in compliance with
all applicable federal and state laws and regulations. To this end,
the wireless communications provider shall monitor emissions annually
and file annually with the Director of Inspectional Services a written
statement with the results of such monitoring. Said statement shall
indicate that the facility is in compliance with any applicable laws
and government regulations, including but not limited to the Federal
Communications Commission and Federal Aviation Administration. In
the event that said facility is not in compliance with such laws and
regulations, the wireless service provider shall come into compliance
within 15 days of the date of any such noncompliance or cease all
wireless communication services until full compliance is attained.
6.6.13.
Maintenance. All wireless communications equipment, facilities
and monopoles must at all times be maintained in good and safe condition.
The wireless communications provider shall arrange for a Massachusetts
licensed professional structural engineer to review the wireless facility
and any accessory buildings every five years to certify these structures
and facilities are in sound condition. A report of the engineer's
findings shall be filed with the Director of Inspectional Services
at the completion of construction and every five years thereafter.
Should the engineer deem the facility not to be sound, the wireless
communications provider in conjunction with the owner of the facility
shall submit to the Director of Inspectional Services within 10 business
days a plan to remedy the structural defect(s). Upon approval of the
plan by the Director of Inspectional Services, the remediation plan
shall be completed as soon as is reasonably possible.
6.6.14.
Indemnification. Any permit issued pursuant to this Section
6.6 shall require that the holder of such permit indemnify and hold
harmless the City of Quincy and its boards, commissions, committees,
officers, employees, agents and representatives from and against all
claims, causes of action, suits, damages, costs and liability of any
kind which arise out of the construction, location, operation, or
use of the subject wireless communications facility in the City of
Quincy.
6.6.15.
Exemptions. The provisions of this Section 6.6 shall not apply
to:
1.
Wireless communication facilities providing safety or emergency services
for any federal, state, or municipal body.
2.
Amateur radio antennas licensed by the Federal Communications Commission
and subject to MGL c. 40A, § 3, provided that such antennas
are not used for any commercial purpose and do not exceed 35 feet.
3.
Home television or internet access antennas.
4.
Medical facilities for transmittal of clinical medical information.
5.
An urban renewal use.
6.7.1.
Purpose. The purpose of this section is to provide by either
a special permit or site plan approval for the construction and operation
of wind facilities, whether as the primary use or accessory use, and
to provide standards for the placement, design, construction, monitoring,
modification and removal of wind facilities that address public safety,
minimize impacts on scenic, natural and historic resources of the
City and provide adequate financial assurance for decommissioning.
6.7.2.
Applicability.
1.
Site plan approval is required for the construction and/or modification
of wind facilities where the height of the wind turbine(s) is less
than 250 feet.
2.
A special permit is required for the construction and/or modification
of wind facilities where the height of the wind turbine(s) equals
or exceeds 250 feet.
3.
An urban renewal use is exempt from the provisions of Section 6.7.
6.7.3.
Application procedures. The application for a wind facility
shall be filed in accordance with the rules and regulations of the
Planning Board, the Quincy Zoning Ordinance, and MGL c. 40A, § 9.
All plans and maps shall be prepared, stamped and signed by a professional
engineer licensed to practice in Massachusetts. Included in the application
shall be:
1.
General.
a.
Name, address, phone number and signature of the applicant,
as well as all co-applicants and property owners.
b.
Name, contact information and signature of any agents representing
the applicant.
c.
Documentation of the legal right to use the wind facility site,
including the requirements set forth herein.
2.
Siting and design. The applicant shall provide a description of the
property, which shall include:
a.
Copy of a portion of the most recent United States Geological
Survey (USGS) quadrangle map, at a scale of 1:25,000, showing the
proposed facility site, including turbine sites, and the area within
at least two miles from the facility. Zoning district designation
for the subject parcel should be included; however a copy of a zoning
map with the parcel identified is suitable.
b.
A plan, one inch equals 200 feet, of the proposed wind facility
site, with contour intervals of no more than 10 feet, showing the
following:
1.
Property lines for the site parcel and adjacent parcels within
500 feet.
2.
Outline of all existing buildings, including purpose (e.g.,
residence, garage, etc.), on site parcel and all adjacent parcels
within 500 feet. Include distances from the wind facility to each
building shown.
3.
Location of all roads, public and private, on the site parcel
and adjacent parcels within 500 feet and proposed roads or driveways,
either temporary or permanent.
4.
Existing areas of tree cover, including average height of trees,
on the site parcel and adjacent parcels within 500 feet.
5.
Proposed location and design of wind facility, including all
turbines, ground equipment, appurtenant structures, transmission infrastructure,
access, fencing, exterior lighting, etc.
6.
Location of viewpoints referenced herein.
3.
Visualizations. The applicant shall provide at least six sight lines,
including from the nearest building with a view of the wind facility,
for pre- and post-construction view representations. Sites for the
view representations shall be selected from populated areas or public
ways within a two-mile radius of the wind facility. View representations
shall be in color and have the following characteristics:
a.
Include actual pre-construction photographs and accurate post-construction
simulations of the height and breadth of the wind facility by superimposition
of the wind facility onto photographs of existing views.
b.
Include existing or proposed buildings or tree coverage.
c.
Include description of the technical procedures followed in
producing the visualization, such as distances, angles, and lens.
4.
Landscape plan. The applicant shall submit a landscape plan indicating
all proposed changes to the landscape of the site, including temporary
or permanent roads or driveways, grading, vegetation clearing and
planting, exterior lighting, other than FAA lights, screening vegetation
or structures. Lighting shall be designed to minimize glare on abutting
properties and except as required by the FAA be directed downward
with full cutoff fixtures to reduce light pollution.
5.
Operation and maintenance plan. The applicant shall submit a plan
for maintenance of access roads and stormwater controls, as well as
general procedures for operational maintenance of the wind facility.
6.
Compliance documents. If required under other subsections herein,
the applicant will provide the compliance documents with the application.
7.
Independent consultants. Upon submission of an application for a
special permit, the Planning Board may hire outside consultants, pursuant
to MGL c. 44, § 53G. As necessary, the applicant may be
required to pay not more than 50% of the consultant's costs.
6.7.4.
Zoning districts. The construction of a wind facility as a primary
use is not permitted in Residence A, Residence B, or Residence C Zoning
Districts. The construction of a wind facility as an accessory use
in Residence A, Residence B, or Residence C Zoning Districts or as
either an accessory use or primary use in all other zoning districts
is permitted subject to the issuance of a permit in accordance with
the provisions of this Section 6.7. In addition to any other requirements
of the Quincy Zoning Ordinance, such permits may also impose reasonable
conditions to ensure that wind facilities shall be constructed and
operated in a manner that minimizes any adverse visual, safety, and
environmental impacts; require safeguards and limitations on time
and use; and may require the applicant to implement all reasonable
measures to mitigate unforeseen adverse impacts of the wind facility,
should they occur.
1.
Wind monitoring or meteorological towers are not permitted in Residence
A, Residence B, or Residence C Zoning Districts. Wind monitoring or
meteorological towers are permitted in all other zoning districts
subject to issuance of a building permit for a temporary structure
for a period of no longer than 12 months and subject to other provisions
of this section.
6.7.5.
Compliance with laws, ordinances and regulations. The construction
and operation of all such proposed wind facilities shall be consistent
with all applicable local, state and federal requirements, including
but not limited to all applicable safety, construction, environmental,
electrical, communications and aviation requirements and industry
standards.
6.7.6.
Insurance. The applicant shall provide evidence of liability
insurance in an amount and duration sufficient to cover loss or damage
to persons and structures occasioned by the failure of the facility.
6.7.7.
Site control. The applicant shall submit documentation of actual
or prospective control of the project site sufficient to allow for
installation and use of the proposed facility. Documentation shall
also include proof of control over setback areas and access roads,
if required. Control shall mean the legal authority to prevent the
use or construction of any structure for human habitation within the
setback areas.
6.7.8.
General siting standards.
1.
Ground clearance. The minimum distance between the ground and any
part of a rotor or a turbine blade shall be 30 feet.
2.
Setbacks. Wind turbines shall be set back a distance equal to 1.5
times the overall blade tip height of the wind turbine from the nearest
nonparticipating residential or commercial structure and from the
nearest property line and public or private right-of-way line.
6.7.9.
Lighting, signage, utilities and other structures.
1.
Lighting. Wind turbines shall be lighted only if required by the
Federal Aviation Administration. Lighting of other parts of the wind
facility, such as appurtenant structures, shall be limited to that
required for safety and operational purposes and shall be reasonably
shielded from abutting properties.
2.
Signage. Signs on the wind facility shall be limited to:
a.
Signs necessary to identify the owner, provide a twenty-four-hour
emergency contact phone number, and warn of any danger, which shall
not exceed four square feet.
b.
Educational signs providing information about the facility and
the benefits of renewable energy if, and only if, the wind facility
is on public land.
3.
Advertising. Wind turbines shall not be used for displaying any advertising
except for reasonable identification of the manufacturer or operator
of the wind energy facility.
6.7.10.
Utility connections. Reasonable efforts shall be made to locate
utility connections from the wind facility underground, depending
on appropriate soil conditions, shape and topography of the site and
any requirements of the utility provider. Electrical transformers
for utility interconnections may be above ground if required by the
utility provider.
6.7.11.
Appurtenant structures. All appurtenant structures to such wind
facilities shall be subject to reasonable regulations concerning the
bulk and height of structures and determining yard sizes, lot area,
setbacks, open space, parking and building coverage requirements.
All such appurtenant structures, including but not limited to equipment
shelters, storage facilities, transformers, and substations, shall
be architecturally compatible with each other and shall be contained
within the turbine tower whenever technically and economically feasible.
Structures shall only be used for housing of equipment for this particular
site. Whenever reasonable, structures should be shaded from view by
vegetation and/or located in an underground vault and joined or clustered
to avoid adverse visual impacts.
6.7.12.
Ancillary structures. No telecommunications dishes, antennas,
cellular telephone repeaters, or other similar devices shall be attached
externally to wind turbine towers.
6.7.13.
Support towers. Monopole towers are the required type of support
for the wind turbine.
6.7.14.
Safety, aesthetic and environmental standards.
1.
Emergency services. The applicant shall provide a copy of the project
summary to the Police and Fire Departments and shall cooperate with
these Departments in developing an emergency response plan.
2.
Unauthorized access. Wind turbines or other structures part of a
wind facility shall be designed to prevent unauthorized access, and
wind turbines shall not be climbable up to 15 feet above ground surface.
3.
Shadow/flicker. Wind facilities shall be sited in a manner that minimizes
shadowing or flicker impacts. The applicant has the burden of proving
that this effect does not have significant adverse impact on neighboring
or adjacent uses through either siting or mitigation.
4.
Noise. The wind facility and associated equipment shall conform to
the provisions of the Department of Environmental Protection's (DEP)
Division of Air Quality Noise Regulations (310 CMR 7.10), unless the
DEP and the special permit granting authority agree that those provisions
shall not be applicable.
a.
A source of sound will be considered to be violating these regulations
if the source increases the broadband sound level by more than 10
dB above ambient or produces a "pure tone" condition, when an octave
band center frequency sound-pressure level exceeds the two adjacent
center frequency sound-pressure levels by three decibels or more.
These criteria are measured both at the property line and at the nearest
inhabited residence. "Ambient" is defined as the background A-weighted
sound level that is exceeded 90% of the time measured during equipment
hours. The ambient may also be established by other means with consent
from DEP. An analysis prepared by a qualified engineer shall be presented
to demonstrate compliance with these noise standards. The special
permit granting authority, in consultation with the DEP, shall determine
whether such violations shall be measured at the property line or
at the nearest inhabited residence.
b.
Methods for measuring and reporting acoustic emissions from
wind turbines and the wind facility shall be equal to or exceed the
minimum standards for precision described in the American Wind Energy
Association Standard 2.1, 1989, titled "Procedures for the Measurement
and Reporting of Acoustic Emissions from Wind Turbine Generation Systems
Volume 1: First Tier" as revised.
5.
Color and finish. The Planning Board shall have discretion over the
turbine color, although a neutral, nonreflective exterior color designed
to blend with the surrounding environment is encouraged.
6.
Land clearing, soil erosion and habitat impacts. Clearing of natural
vegetation shall be limited to that which is necessary for the construction,
operation and maintenance of the wind facility and is otherwise prescribed
by applicable laws, regulations, and ordinances.
6.7.15.
Waiver of setbacks, sound and shadow flicker provisions. The
Planning Board, in its discretion, is authorized to waive the setback
provisions of this Section 6.7 to no less than 1.1 times the overall
blade tip height and the sound and shadow flicker provisions of this
Section 6.7 to the extent these three provisions affect a nonparticipating
property, provided that the applicant submits the request in writing,
and if the applicant is not the property owner, the property owner's
written consent to the waiver shall also be submitted. The application
shall contain the nonparticipating property owner's acknowledgement
of the setback, sound or shadow flicker requirements of this Section
6.7 and what is proposed in lieu thereof, describe the impact on the
nonparticipating property owner, and state the nonparticipating property
owner's support for the applicant's waiver request. A nonparticipant
property owner's affidavit shall be made part of the permit decision
and shall be separately recorded with the Norfolk County Registry
of Deeds at the same time that the permit decision is recorded to
provide notice to all subsequent purchasers of the nonparticipating
property of the waiver granted.
6.7.16.
Facility conditions. The applicant shall maintain the wind facility
in good condition. 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
and Police Departments. The project owner shall be responsible for
the cost of maintaining the wind facility and any access road, unless
accepted as a public way, and the cost of repairing any damage occurring
as a result of operation and construction.
6.7.17.
Abandonment or decommissioning.
1.
Removal requirements. Any wind facility which reaches the end of
its useful life or is abandoned shall be removed. When the wind facility
is scheduled for decommissioning, the applicant shall notify the Director
by certified mail 30 days prior to the proposed date of discontinued
operations and plans for removal. The owner/operator shall physically
remove the wind facility no more than 150 days after the date of discontinued
operations. At the time of removal, the wind facility site shall be
restored to the state it was in before the facility was constructed
or any other legally authorized use. More specifically, decommissioning
shall consist of:
a.
Physical removal of all wind turbines, structures, equipment,
security barriers and transmission lines from the site.
b.
Disposal of all solid and hazardous waste in accordance with
local and state waste disposal regulations.
c.
Stabilization or revegetation of the site as necessary to minimize
erosion. The Director may allow the owner to leave landscaping or
designated below-grade foundations in order to minimize erosion and
disruption to vegetation.
2.
Abandonment. Absent notice of a proposed date of decommissioning,
the facility shall be considered abandoned when the facility fails
to operate for more than one year without the written consent of the
Director. The Director shall determine what proportion of the facility
is inoperable for the facility to be considered abandoned. If the
applicant fails to remove the wind facility in accordance with the
requirements of this section within 150 days of abandonment or the
proposed date of decommissioning, the City shall have the authority
to enter the property and physically remove the facility. The costs
incurred by the City shall constitute a debt due to the City upon
completion of the decommissioning activities and the rendering of
an account to the facility owner, operator and the landowner, if applicable,
and shall be recoverable from such parties in an action of contract.
6.7.18.
Financial surety. The Planning Board shall require the applicant
to provide annually to the Director evidence of surety, either through
an escrow account, bond or otherwise, with the City as the named obligee/payee,
to insure 100% of the cost of compliance with Section 6.7.17 herein.
The applicant shall also submit annually to the Director a fully inclusive
estimate of the costs associated with such compliance prepared by
a qualified engineer. Such surety will not be required for municipal
or state-owned facilities.
6.7.19.
Term of special permit. A special permit issued for a wind facility
shall be valid for 25 years, unless extended or renewed. The time
period may be extended or the permit renewed by the Planning Board
upon determination by the Planning Board of the satisfactory operation
of the facility. Request for renewal must be submitted at least 180
days prior to expiration of the special permit. Submitting a renewal
request shall allow for continued operation of the facility until
the Planning Board acts. At the end of that period, including extensions
and renewals, the wind facility shall be removed as required by this
Section 6.7.
6.7.20.
Notice of operation. The applicant shall notify all abutters
within 500 feet of the facility prior to the operation and testing
of any wind facility. The wind facility owner/operator shall post
an emergency telephone number so that the appropriate people may be
contacted should any wind turbine need immediate attention. This telephone
number shall be clearly visible on a permanent structure(s) or post(s)
within a reasonable distance from the facility.
6.7.21.
Public inquiries and complaints. The wind facility owner shall
maintain a phone number and identify a person for the public to contact
with inquiries and complaints throughout the life of the project.
The wind facility owner and operator shall make reasonable efforts
to respond to the public's inquiries and complaints. Upon receipt
by the Director of a complaint regarding sound, shadow, or flicker
from an existing wind facility, the Director shall investigate the
complaint. If the Director determines the complaint reasonably demonstrates
inconsistency with the permit granted, the wind facility owner or
operator may be required, at its expense, to have prepared by an independent
authority, approved by the Director, a study that demonstrates compliance
with this section.
6.8.1.
Small dishes. A satellite receiving antenna with a receiving
dish with a diameter equal to or less than three feet may be installed
in any district.
6.8.2.
Large dishes. A satellite receiving antenna with a receiving
dish with a diameter greater than three feet may not be erected in
a residential district unless it is accessory to a residential or
institutional use and it is located in a rear yard.
6.8.3.
Requirements for large dishes. A satellite receiving antenna
with a receiving dish with a diameter greater than three feet is subject
to the following conditions:
1.
The antenna is located in a rear yard but not within the required
minimum setback.
2.
The antenna shall be permanently secured to the ground. No antenna
shall be installed on a building or on a portable or movable structure,
such as a trailer.
3.
No antenna shall exceed an overall diameter of 12 feet or a height
of 15 feet above the natural grade when measured to its uppermost
point when in an upright position.
4.
The base of the antenna shall be screened from view from any abutting
lot or from the street by an opaque fence, at least six feet high,
or by planting providing comparable screening and opacity.
5.
The antenna shall be of a nonreflecting and inconspicuous color and
compatible with the appearance and character of its surroundings.
No advertising material shall be permitted.
6.
The antenna shall not be used for commercial purposes except where
accessory to a use permitted in the district by special permit, provided
that the antenna is subject to the conditions of the special permit.
6.8.4.
Abandonment. An antenna no longer in use shall be removed within
30 days. In the event that the owner fails to comply, the City may
enter onto the property to implement the measures set forth above.
In the event the City incurs expense, the owner shall promptly reimburse
the City for all reasonable expenses associated therewith; if the
owner fails to so reimburse the City, the City may place a lien on
the property or any improvement thereon to secure such payment.
[Added 6-18-2018 by Order No. 2018-094]
6.9.1.
General.
A bridge shall be defined as a structure built to span physical obstacles
without closing the way underneath, such as a body of water, valley,
or road, for the purpose of providing passage over the obstacle. Vehicular
traffic shall be defined as any use which included transportation
by machine that transports people or cargo.
6.9.2.
Special
permit. Any bridge, or portion of a bridge, to be constructed or reconstructed
in the City of Quincy, to be utilized for vehicular traffic, shall
require a special permit from the Planning Board.
6.9.3.
Criteria.
Criteria to be considered for issuance of a special permit for the
construction or reconstruction of a bridge will be those outlined
in Section 9.4, Special permits. The procedure to be followed for
the special permit process will be that outlined in Section 9.4.2,
Criteria.
[Added 6-17-2013 by Order No. 2013-061]
6.10.1.
Purpose. It is the purpose of this section to establish specific
standards and procedures for local zoning of registered marijuana
dispensaries, medical marijuana infused products, manufacturers, and
medical marijuana cultivation and distribution operations.
1.
The provisions of this section have neither the purpose nor intent
of imposing a limitation on the content of any communicative matter
or materials. Similarly, it is not the purpose or intent of this section
to restrict or deny access by adults to medical marijuana distribution
or to other related matter or materials that are protected by the
Constitution of the United States of America or of the Commonwealth
of Massachusetts, nor to restrict or deny rights that distributors
of such materials may have to sell or distribute such materials. Neither
is it the purpose or intent of this section to legalize the sale,
rental, or distribution of illicit or other illegal matter or materials.
6.10.2.
Special Permit Granting Authority. For the purposes of this
section, the Special Permit Granting Authority (SPGA) is designated
to be the Zoning Board of Appeals.
6.10.3.
General. Registered marijuana dispensaries may be authorized
by special permit as set forth in the Table of Principal Uses. The
following regulations shall apply to registered marijuana dispensaries
as defined in this section. An urban renewal use is exempt from the
provisions of Section 6.10. An application fee shall be required in
an amount to be established by the Quincy City Council and said fee
shall be submitted to the SPGA at the time of application to the SPGA.
6.10.4.
Prohibition. No registered marijuana dispensaries special permit
shall be issued to any person convicted of violating the provisions
of M.G.L. c. 119, § 63, or M.G.L. c. 94C, or similar laws
in other jurisdictions. Any applicant for permitting and licensure
under this section must allow for a criminal background check which
includes jurisdictions beyond Massachusetts.
6.10.5.
Performance standards.
1.
No registered marijuana dispensary, offsite cultivation location
or any place of storage associated with a registered marijuana dispensary
or medical marijuana infused products, manufacturing location allowed
pursuant to 105 CMR 725 shall be located within 1,500 linear feet
of:
a.
Any Residential District as designated herein; or
b.
Any school or child care establishment; or
c.
Any other registered marijuana dispensary site; or
d.
Any establishment licensed under the provisions of M.G.L. c.
138, § 12.
Distances shall be calculated by direct measurement from the
nearest property line of the land used for school or child care purposes
to the nearest portion of the building in which the medical marijuana
dispensary is located, using a route of direct pedestrian access.
2.
The cultivation of medical marijuana within the City of Quincy shall
only occur on the same property as a registered marijuana dispensary
that sells and dispenses medical marijuana to a qualified patient
or personal caregiver with the exception of a hardship cultivation
registration issued to a qualified patient or personal caregiver as
defined under the terms of 105 CMR 725.035. A dispensary may operate
without cultivation occurring on-site as long as the applicant can
provide proof of an existing cultivation registration at another location.
3.
Cultivation and storage of medical marijuana shall be in a secure,
enclosed, locked area. Medical marijuana or products derived therefore
shall not be visible from the street or other public areas.
4.
An applicant must demonstrate compliance with the application requirements
for the registration of registered marijuana dispensaries as set forth
in the regulations promulgated by the Massachusetts Department of
Public Health (or referred to herein as "DPH"), 105 CMR 725, including
but not limited to written proof provided to the Special Permit Granting
Authority that the applicant has registered with the DPH, a copy of
each and every registration card issued by the DPH which shows the
name, address and date of birth of each dispensary agent affiliated
with the applicant. A registered marijuana dispensary applicant must
also apply for local licensure to and be registered with the Quincy
Board of Health on an initial and annually renewable basis. An initial
and annually renewable fee shall be established by the Quincy City
Council. Any locations approved within the City of Quincy are subject
to inspection by Quincy Health Department personnel in the course
of their official duties at all reasonable times. Failure to apply
for, acquire and maintain local licensure shall be cause to deem a
special permit for the registered marijuana dispensary as null and
void.
5.
A special permit shall only be valid for use by the applicant and
will become null and void upon the sale or transfer of the registered
marijuana dispensary registration or license.
6.
In the event that the DPH revokes, fails or refuses to issue a license
or registration, a special permit issued by the City of Quincy for
the medical marijuana dispensary shall be deemed null and void.
7.
In the event that the DPH suspends the license or registration of
a medical marijuana dispensary, the special permit shall be so suspended
by the city until the matter is resolved to the satisfaction of the
DPH.
8.
A permit shall not issue until an applicant demonstrates compliance
with all applicable state and federal regulations.
9.
In the event a qualifying patient has received a medical marijuana
registration card and has received a cultivation registration from
the DPH, said qualifying patient shall submit written proof of such
registration to and register with the Quincy Health Department. The
location of said cultivation shall be provided to the Quincy Health
Department and shall be subject to inspection by Quincy Health Department
personnel in the course of their official duties at all reasonable
times. Compliance with this provision does not require submission
of medical documentation from the qualifying patient.
10.
The individual names and identifying information shown on any
registration card shall be exempt from the provisions of the Massachusetts
Public Records Law, M.G.L. c. 66, § 10 and are not subject
to further disclosure, except to employees of the DPH in the course
of their official duties and to Massachusetts law enforcement officials
when verifying a card holder's registration.
6.10.6.
No entitlement or vested rights to permitting. No person shall
be deemed to have any entitlement or vested right to permitting under
this section by virtue of having received any prior license or permit
from the City, including, by way of example only, any zoning permit,
any wholesale food manufacturer's license. In order to lawfully engage
in the business of selling, cultivating, or manufacturing medical
marijuana in the City on and after the date of passage of this section,
any person must qualify for and obtain a permit and licensure in accordance
with the requirements of this section.
6.10.7.
Conflict of laws. In the event of any conflict between the provisions
of this section and any other applicable state or local law, the stricter
provision, as deemed by the Zoning Administrator, shall control.
6.10.8.
Off-site sales prohibited/delivery. All sales of medical marijuana
by a registered marijuana dispensary shall occur only upon the licensed
premises. Delivery of medical marijuana to a qualifying patient or
to a personal caregiver for use by the qualifying patient may be allowed
under the terms and conditions set forth in 105 CMR 725.025 and 725.110(E).
6.10.9.
Signage. Any permitted registered marijuana dispensary site
shall comply with the requirements of the City sign ordinances at
all times. In addition, no registered marijuana dispensary shall use
any advertising material that is misleading, deceptive, or false,
or that is designed to appeal to minors upon penalty of permit revocation.
6.10.10.
Manufacturing. A local permit for medical marijuana infused
product manufacturing may be issued in any location delineated under
the terms of this ordinance with respect to the siting of registered
marijuana dispensaries. Said medical marijuana infused product manufacturing
shall also require registration with and licensing by the Quincy Health
Department and be subject to inspection by Quincy Health Department
personnel in the course of their official duties at all reasonable
times. Fees for permit and license under this paragraph shall be established
by the Quincy City Council.
6.10.11.
Dispensing. Automatic or standalone dispensing, vending equipment
or kiosks for the dispensing of any marijuana product are strictly
prohibited under the terms of this ordinance.
6.10.12.
Notification. Any new applications sought under this section
must be publicly advertised for a period of no less than 14 days.
Abutters within 400 feet must be notified in writing of said application,
and include any and all dates for public hearings on said application.
[Added 12-2-2019 by Order No. 2018-027]
6.11.1.
Purpose. It is the purpose of this section to establish specific
standards and procedures for local zoning of marijuana establishments,
which shall include marijuana cultivators, manufacturers, processors,
testers and distributors, including retailers of marijuana and retailers
of marijuana infused products. Marijuana establishments shall also
include retail marijuana delivery services, social consumption marijuana
retailers, or any type of marijuana-related business that has been
duly licensed by the Cannabis Control Commission.
1.
The provisions of this section are intended to impose reasonable
safeguards on the operation of marijuana establishments, with neither
the purpose nor intent to impose safeguards that are unreasonably
impracticable. It is not the purpose or intent of this section to
deny access by adults over the age of 21 to marijuana or marijuana
product or accessory distribution, or to other related materials that
are protected by the laws of the Commonwealth of Massachusetts, nor
to restrict or deny rights that distributors of such materials may
have to sell or distribute such materials. It is neither the purpose
nor the intent of this section to legalize the sale, rental or distribution
of illicit or illegal matter or materials. Neither is it the intent
of the provisions of this section to impose a limitation on the content
of any communicative matter or materials.
6.11.2.
Special permit granting authority. For the purposes of this
section, the Special Permit Granting Authority (SPGA) is designated
to be the Zoning Board of Appeals.
6.11.3.
General. Marijuana establishments may be locally authorized
by special permit as set forth in the Table of Principle Uses. The
following regulations shall apply to marijuana establishments as defined
in M.G.L. Chapter 94G and section 6.11.1 of this section. An application
fee shall be established in an amount to be set by the Quincy City
Council and said fee shall be submitted by the applicant to the SPGA
at the time of the application to the SPGA. Said fee shall be directly
proportional and reasonably related to the administrative costs associated
with processing, reviewing and evaluating said application.
6.11.4.
Performance standards.
1.
No marijuana establishment, as defined in M.G.L. Chapter 94G, shall
be located within 1,500 linear feet of:
a.
Any residential district as designated herein.
1A.
No marijuana establishment, as defined in M.G.L.
Chapter 94G, shall be located within 500 linear feet of:
a.
Any preexisting elementary or secondary public or private school
providing education in pre-school, kindergarten, or any of grades
one through 12; or
b.
Any other educational institution which enrolls students under
the age of 21 years of age; or
c.
Any public playground or any athletic field which serves youth
under the age of 21 years; or
d.
Any childcare or daycare center, or any other facility in which
children commonly congregate; or
e.
Any public facility which sponsors youth activities for youth
under the age of 21 years; or
f.
Any public park; or
g.
Any library; or
h.
Any public transit center; or
i.
Any public beach; or
j.
Any public skating rink; or
k.
Any establishment licensed under the provisions of M.G.L. Chapter 138, section 12.
Distances shall be calculated by direct measurement from the
nearest property line of the land used for the purposes listed in
the foregoing Subsections 1a and 1Aa through k to the nearest portion
of the building in which the marijuana establishment is located, using
a route of direct pedestrian access.
2.
An applicant for a special permit for a marijuana establishment in
the City of Quincy must demonstrate compliance with the application
requirements as set forth in M.G.L. Chapter 94G. An application fee
for a special permit shall be required. At least 60 days prior to
execution by the Mayor the host community agreement shall be submitted
to the City Council for review. No special permit shall issue unless
a host community agreement between the applicant and the city's contracting
authority, which shall be the Mayor, has been executed. Any such agreement
between the city and a marijuana establishment shall include a community
impact fee of up to 3% of gross sales payable by the marijuana establishment
to the City for up to five years.
3.
A special permit shall only be valid for use by the applicant and
will become null and void upon the sale or transfer of the marijuana
establishment license.
4.
In the event that the Cannabis Commission, established under Section
76 of M.G.L. Chapter 10, revokes, fails to issue, or refuses to issue
a license for a marijuana establishment, a special permit issued by
the City of Quincy for such establishment shall be null and void.
5.
In the event that the Cannabis Commission suspends the license of
a marijuana establishment, a special permit issued by the City of
Quincy shall be similarly suspended by the City until the underlying
cause of the suspension is resolved to the satisfaction of the Commission,
and the City has been so advised.
6.
A special permit shall not issue until an applicant demonstrates
compliance with all applicable state regulations.
7.
No special permit shall be granted to an applicant if issuance of such permit would cause there to be within the City a number of marijuana retailers greater than 20% of the number of licenses issued under M.G.L. Chapter 138 within the City for the retail sale of alcoholic beverages not to be consumed on the premises.
8.
A local sales tax of 3% of the total sales price received by a marijuana
retailer shall be imposed, as authorized by M.G.L. Chapter 64N, § 3,
upon the sale or transfer to anyone, other than a marijuana establishment,
of any marijuana or marijuana products.
9.
Licensed marijuana establishments which cultivate, manufacture or
process marijuana and which present a public nuisance to the City
or its inhabitants are subject to special permit revocation or suspension
by the City.
10.
Licensed marijuana establishments which sell marijuana or marijuana
products to persons under the age of 21 are subject to special permit
revocation by the City.
11.
Hours of operation of licensed marijuana retailers shall be
restricted to the same hours of operation as liquors establishments
within the City of Quincy. Licensed marijuana retailers who violate
this provision shall be subject to a civil fine for an initial violation
of not more than $1,000 or to special permit suspension, or both.
For any subsequent violation, a retailer shall be subject to a fine
of not more than $5,000 or to special permit suspension or revocation,
or both.
6.11.5.
No entitlement or vested rights to permitting. No person shall
be deemed to have any entitlement or vested right to permitting under
this section by virtue of having received any prior license or permit
from the City, including, by way of example only, any zoning permit
or any wholesale food manufacturing license. In order to lawfully
engage in the business of selling, cultivating, manufacturing or processing
marijuana or marijuana products in the City on and after the date
of passage of this section, any person seeking to engage in these
activities must qualify for and obtain a special permit in accordance
with the requirements of this section.
6.11.6.
Off-site sales by retailers prohibited. All sales of nonmedical
marijuana or nonmedical marijuana products by a licensed retailer
shall occur only on the licensed premises, unless such sales are made
by a marijuana retailer service duly licensed pursuant to the authority
of the Cannabis Control Commission and granted a special permit by
the City.
6.11.7.
Signage. Any permitted marijuana establishment shall comply
with all requirements of the City sign ordinances at all times. No
permitted marijuana establishment shall use any signing or advertising
material that is misleading, deceptive, or false, or that is designed
to appeal to minors, or that has the effect of appealing to minors,
upon penalty of permit revocation.
6.11.8.
Dispensing. Automatic or stand-alone dispensing or vending equipment
or kiosks for the dispensing of any marijuana product are strictly
prohibited under this section.
6.11.9.
On-premises consumption of marijuana prohibited. No licensed
marijuana establishment shall permit the on-premises consumption of
marijuana unless and until such type of establishment is approved
pursuant the provisions of 935 CMR 500 (Cannabis Control Commission
Regulations) and unless such establishment has been licensed for such
on-premises consumption pursuant to the authority of the Cannabis
Control Commission and unless such establishment has been granted
a special permit by the City pursuant to the provisions of this section.
Establishments which violate this prohibition shall be subject to
special permit revocation by the City.
6.11.10.
Public health and safety requirements for cultivation, manufacturing,
processing and storage of marijuana and marijuana products. The City's
Health Commissioner shall establish requirements and standards for
the cultivation, manufacturing, processing and storage of marijuana
and marijuana products.
6.11.11.
Minimum square footage for marijuana cultivation. Marijuana
growers in units which share space with neighboring residential or
commercial units in the same building are required to have a minimum
space of four square feet per marijuana plant.
6.11.12.
Notification. Any potential applicant for licensing and permitting
of any marijuana establishment must conduct a community outreach hearing
within six months prior to application. Notice of such hearing shall
be given by the potential applicant with at least 14 calendar days'
notice. Such notice of hearing shall be publicly advertised in a newspaper
with local circulation, with a copy of the hearing notice filed with
the City Clerk, the Planning Board, the Zoning Board of Appeals, as
the Special Permit Granting Authority, and with the designated contracting
authority for the City, which shall be the Mayor. Notice shall include
the proposed address of the marijuana establishment and a description
of the type of marijuana establishment proposed. Notice of said hearing
shall, in addition, be mailed by the applicant to all abutters of
the proposed address, and to any and all abutters-to-abutters within
300 feet of the proposed property line of the marijuana establishment.
6.11.13.
Public consumption of marijuana prohibited. Possession or consumption
of marijuana or marijuana products in municipally owned buildings
within the City shall be prohibited, unless a public establishment
has been duly licensed for on-premises marijuana consumption pursuant
to the authority of the Cannabis Control Commission and granted a
special permit by the City pursuant to this section. Smoking of marijuana
in places of public accommodation, or in places to which the general
public has a right of access, or in public places where smoking of
tobacco is prohibited by state law or local ordinance, shall be prohibited.
Any violation of the provisions of this section shall subject the
violator to a civil fine of not more than $100.
