[Added 6-3-2014 ATM by
Art. 39, approved 9-10-2014]
A.
The purpose of Article 3 is to regulate those facilities that are
known as both Medical Marijuana Treatment Centers and Registered Marijuana
Dispensaries, as those terms are defined and described in 105 CMR
725.004, and which shall hereinafter be referenced as RMDs.
B.
The purpose of regulating RMDs is:
(1)
To designate areas in Town for such facilities that will have
the least impact on community character;
(2)
To site such facilities close to highway access and public transportation
in order to minimize traffic impacts to the Town;
(3)
To locate such facilities away from places where children regularly
congregate;
(4)
To locate such facilities away from areas that are zoned for
residential and commercial uses; and
(5)
To limit the overall number of such facilities in the Town of
Dartmouth to that which is needed in order to serve the Town and the
immediate region.
RMDs are not allowed as-of-right in any District within the
Town, whether as a primary or accessory use or as a home occupation.
The Planning Board may grant a Special Permit allowing an RMD in either
the Office Industrial District or the General Industrial District.
The Planning Board may grant a special permit for an RMD if
the following standards are satisfied:
A.
Nondiscretionary standards.
(1)
An RMD and the parcel on which it is proposed to be located
must meet all setback, lot size, lot coverage, height, frontage and
other dimensional requirements and development standards of the District
in which it is located;
(2)
An RMD shall not be located within 4,000 feet of another RMD
that is located within the Town;
(3)
An RMD shall not be sited within a radius of 500 feet of an
existing school, daycare center, public library, or any existing facility
in which children commonly congregate. The five-hundred-foot distance
shall be measured in a straight line from the nearest point of the
facility in question to the nearest point of the RMD;
(4)
An RMD shall not be located within 100 feet of a Residential
or Business District;
(5)
The outdoor fencing of any RMD shall be a non-reflective, earth
tone color, such as black or dark green;
(6)
Parking at an RMD shall comply with the requirements of Article 24, Site Plan Review, except that parking spaces shall be provided at the rate of one parking space per employee for the largest shift, plus one parking space for each 250 square feet of building floor space that is devoted to customer service; and
B.
Discretionary standards. In exercising its discretion whether to
grant a Special Permit, the Planning Board shall consider the impact
of the proposed RMD on public health and safety, the effect of the
proposed RMD on the character of the neighborhood and the Town, and
the extent to which there is an established medical need within the
local population for the RMD.
In addition to any conditions that the Planning Board chooses
to impose upon a granted Special Permit, including, without limitation,
with respect to the allowed days and hours of operation of the retail
component of an RMD, the following conditions automatically apply
to said grant:
A.
Prior to obtaining a building permit, and prior to beginning operation
of the RMD if no such permit is needed, the following documentation
shall be provided to the Director of Inspectional Services and the
Chief of Police:
B.
The Special Permit may not be transferred, even to any successor
in interest to the holder of the Special Permit.
