The Marijuana Establishments Overlay District is an overlay
district superimposed on the underlying zoning districts, the boundaries
of which are shown on the official Dartmouth Zoning Map.
Marijuana Establishments 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 a Marijuana Establishment in the Marijuana Establishments
Overlay District.
The Planning Board may grant a Special Permit for a Marijuana
Establishment if the following standards are satisfied:
A. Nondiscretionary standards.
(1)
A Marijuana Establishment 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 underlying District in which it is located;
(2)
A Marijuana Establishment shall not be located within 1,000
feet of another Marijuana Establishment that is located within the
Town. The one-thousand-foot distance shall be measured in a straight
line from the nearest point of the facility in question to the nearest
point of the Marijuana Establishment;
(3)
A Marijuana Establishment shall not be sited within a radius
of 500 feet of an existing public or private school, college/university,
daycare, library, any facility in which children commonly congregate,
or residence (single-family or multi-family). 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 Marijuana
Establishment;
(4)
The outdoor fencing of any Marijuana Establishment shall be
a non-reflective, earth tone color, such as black or dark green;
(5)
Parking at a Marijuana Establishment 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;
(6)
No Special Permit may be issued for a Marijuana Establishment
that engages in the sale of marijuana or marijuana products for consumption
on-site until and unless the voters of the Town approve an initiative
petition to allow such on-site consumption in accordance with M.G.L.
c. 94G, § 3(b), or any successor statute thereto; and
(7)
No Special Permit may be issued for a given type of Marijuana
Establishment, once the Town has reached the minimum number of that
type of Marijuana Establishment that it is obligated to allow in accordance
with the provisions of M.G.L. c. 94G, § 3, or any successor
statute thereto.
(8)
Discretionary standards. In exercising its discretion whether
to grant a Special Permit, the Planning Board shall consider the impact
of the proposed Marijuana Establishment on public health and safety,
and the effect of the proposed Marijuana Establishment on the character
of the neighborhood and the Town.
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 any component
of a Marijuana Establishment that is open to public consumers or customers,
the following conditions automatically apply to said grant:
A. Prior to obtaining a building permit, and prior to beginning operation
of the Marijuana Establishment if no such permit is needed, the following
documentation shall be provided to the Director of Inspectional Services
and the Chief of Police:
(1)
The License for the Marijuana Establishment that was issued
by the Cannabis Control Commission; and
(2)
The Operating Policies and Procedures for the Marijuana Establishment
that were created pursuant to either 935 CMR 500.101(1)(c)(7) or 935
CMR 500.101(2)(e)(8), or any successor regulations thereto.
B. The Special Permit may not be transferred, even to any successor
in interest to the holder of the Special Permit.