[Amended 5-5-2014 ATM
by Art. 20; 5-7-2018 ATM by Art. 22]
As used in this bylaw, the following terms shall have the meanings
indicated:
A marijuana cultivator, independent testing laboratory, marijuana
product manufacturer, marijuana retailer or any other type of licensed
marijuana-related business.
A building or structure used for a medical marijuana treatment
center approved and licensed by the Massachusetts Department of Public
Health pursuant to 105 CMR 725.000, owned and operated by a not-for-profit
or for-profit entity registered under 105 CMR 725.100, that acquires,
cultivates, possesses, processes (including development of related
products such as marijuana-infused products, 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.
a.
All RMDs and marijuana establishments, as defined in Subsection 3610
of this Zoning Bylaw, are allowed only in the Light Industrial (LI)
District upon the granting of a special permit by the Zoning Board
of Appeals.
b.
No RMD or marijuana establishment shall be located less than 400
feet from any residential zoning district or from any residential
use; from any public or private school, or municipal building open
to the general public; from any church or other religious facility;
from any public park or recreation area and any principal or accessory
private recreational facility use; or from any day care center, nursing
home or hospital. The minimum distance specified above shall be measured
in a straight line from the nearest property line in question to the
nearest property line of the proposed RMD or marijuana establishment,
except where the distance to be measured crosses Interstate 95 or
US Route 1, in which case the distance shall be limited by and measured
only to the boundary of such highway.
c.
The maximum lot coverage, including building, parking and driveways,
shall be 50% of the upland lot area.
d.
The number of marijuana retailers that shall be permitted in the
Town of Sharon is limited to 20% of the number of licenses issued
and/or authorized to be issued within the Town under MGL c. 138, § 15,
for the retail sale of alcoholic beverages not to be drunk on the
premises where sold.
[Added 5-7-2018 ATM by
Art. 23]
Off-street parking and loading shall be provided as required
for retail uses in the Light Industrial District, Subsections 3130
and 3133.
a.
Only one sign, to be mounted flat on the building wall face, shall
be allowed for an RMD or marijuana establishment. The area of this
wall sign shall be not more than 10% of the projected area of the
elevation it is attached to, except that no sign shall exceed 30 square
feet.
b.
Only one freestanding sign may be allowed at the discretion of the
Zoning Board of Appeals, in a situation where the wall sign may not
be visible from the street on which the property has frontage. This
freestanding sign shall not be located within five feet of any street
or property line and not more than 10 feet above the ground. Any such
sign shall have a maximum sign area of four square feet.
c.
All other signs, including temporary and window signs, whether on
the exterior of the building or visible from the exterior of the building,
are prohibited.
d.
No RMD or marijuana establishment may have any flashing lights visible
from outside the establishment. Furthermore, no sign shall rotate
or contain reflective or fluorescent elements.
e.
The appropriate lighting of the sign(s) shall be determined by the
Zoning Board of Appeals.
a.
In addition to the requirements in this Section 3600, special permit
applications for approval under this Section 3600 shall comply with
the submittal requirements for site plan approval as detailed in Subsection
6326 and shall contain the following additional information:
(1)
The external and internal physical layout of the premises.
(2)
The distances between the proposed RMD or marijuana establishment
and any residential zoning district, public or private school, church
or other religious facility, public park or recreation area, day care
center, nursing home and hospital, and municipal building open to
the general public.
(3)
Copies of all licenses and permits issued by the Commonwealth
of Massachusetts and any of its agencies for the RMD or marijuana
establishment.
b.
In approving a special permit, the special permit granting authority
may attach such conditions, limitations and safeguards as are deemed
necessary to protect the immediate area and the Town; provided, however,
that no such conditions in fact prohibit the use of the property for
the use intended. No special permit shall take effect until such decision
has been recorded in the Registry of Deeds. Conditions of approval
may include but are not limited to the following:
(1)
Street, side or rear setbacks greater than the minimum required
by this bylaw.
(2)
Requirement of nonobstructive landscaping.
(3)
Modification of the exterior features or appearances of the
structure.
(4)
Limitation of size, number of occupants, method or time of operation,
or extent of facilities.
(5)
Regulation of number, design and location of access drives or
other traffic features.
(6)
Requirement of off-street parking or other special features
beyond the minimum required by this or other applicable ordinances.
(7)
The special permit shall be issued to the owner of the establishment
and shall not transfer with a change in ownership of the business
and/or property.
c.
Lapse of permit.
(1)
Any special permit granted hereunder for an RMD or marijuana
establishment shall lapse after one year, including such time required
to pursue or await the determination of an appeal from the grant thereof,
if a substantial use thereof has not sooner commenced except for good
cause, or in the case of a permit for construction, if construction
has not begun by such date except for good cause, including such time
to pursue or await the determination of an appeal referred to in MGL
c. 40A, § 17, from the grant thereof.
(2)
A special permit granted hereunder shall expire within two years
of the date of issuance of the permit. Prior to the expiration of
the special permit, the applicant shall make application to the Zoning
Board of Appeals for renewal of the special permit for an additional
two-year period. Said renewal shall not require the technical submissions
of the original application, provided that conditions of the site
and facility have not changed materially from the original application.
(3)
In addition to the requirements of Subsection (2) above, a special permit granted hereunder shall have a term limited to the duration of the applicant's ownership and use of the premises as an RMD or marijuana establishment. A special permit granted hereunder is nontransferable and nonassignable.
(4)
Violation of any of the conditions of approval of the special
permit shall be grounds for nonrenewal of the special permit as provided
for above.
Any RMD or marijuana establishment that was in existence as
of the first date of the publication of the notice of public hearing
on this zoning amendment regulating medical marijuana uses or marijuana
establishments may continue to operate in the same location, without
material change in scale or content of the business, but shall apply
for such special permit within 90 days following the adoption of this
bylaw and shall thereafter comply with all of the requirements herein.
