In no district shall any sod, loam, gravel, sand or quarried stone be removed from a lot, except when incidental to and in connection with the construction of a building or a parking or loading area for which a permit has been issued, except in an Industrial district by special permit. The foregoing shall not prohibit the replacement of existing sod or loam by fresh sod or loam for landscaping purposes.
If ledge is to be removed when incidental to and in connection with a By-Right project using a vehicle-mounted hydraulic jackhammer or rock breaker, then a Community Meeting in accordance with WZO Section 9.03 will be held prior to any such removal, to discuss the extent of the removal, methods to be utilized, the timing and duration of such work, unless the removal is determined by the Director of the Department of Community Development & Planning, in writing, to be less than a significant quantity. The meeting will then be followed by a letter to abutters with the agreed upon process.
For purposes of public safety and to facilitate snow removal, shrubs or evergreens from any public or private parcel shall not be allowed to intrude onto public sidewalks more than six inches, except above a height of eight feet.
The open display of foods or other products on public rights of way for purposes of display or sale may be allowed only upon the issuance of a Special Permit by the Board of Appeals.
To insure the tranquility of residential zoning districts, the number of yard sales permitted on any residential parcel, in any residential district, shall be limited to three per year; and said yard sales shall be subject to all other permits and regulations required by the City.
(a) 
No person shall operate or allow the operation of, a Medical Marijuana Treatment Center or a Adult Use Marijuana Establishment without full compliance with all of the applicable provisions and conditions of 105 CMR 725.100 and 935 CMR 500 Massachusetts General Law, respectively, including definitions, siting, signage, and operations; provided, however, that if there is a conflict between the provisions of this section and the provisions of any other applicable state or local law, the most restrictive law shall govern. Nothing herein, exempts such uses from this or other applicable local regulations, ordinances, and/or policies.
(b) 
In addition to the requirements set forth in § 8.04(a) above, no person shall operate or allow the operation of, a Medical Marijuana Treatment Center or a Adult Use Marijuana Establishment until such time as a Special Permit has been duly applied for and granted by the Special Permit Granting Authority (SPGA), which Special Permit confirms full conformance with Massachusetts General Law and all of the applicable locational siting requirements of this Article. The application for such Special Permit shall be filed pursuant to the requirements and processes set forth in Article IX of this Ordinance.
(c) 
Definitions: As used throughout this Ordinance the following words shall be defined as indicated.
MARIJUANA
Shall be as defined under Chapters 94C, 94G and 94I of the Massachusetts General Laws, 105 Code of Massachusetts Regulations 725.004, and 935 Code of Massachusetts Regulations 500.002 and 935 CMR 501.003.
MARIJUANA ESTABLISHMENT
This term shall include licensed marijuana establishments as defined in M.G.L. c. 94G, § 1, and other applicable law, which include a marijuana cultivator, craft marijuana cooperative, marijuana product manufacturer, marijuana retailer (store-front or delivery only), marijuana social consumption establishment (primary or mixed use), marijuana transporter (third party or existing licensee), marijuana micro-business, or any other type of licensed marijuana related business. Marijuana testing laboratories shall be defined as found in M.G.L. 94G and the regulations promulgated thereunder.
MEDICAL MARIJUANA
Marijuana that is designated and restricted for use by, and for the benefit of, qualifying patients in the treatment of debilitating medical conditions.
MEDICAL MARIJUANA TREATMENT CENTER OR REGISTERED MARIJUANA DISPENSARY
Shall mean an entity as defined by Massachusetts law only, registered with and licensed by the Department of Public Health, the Cannabis Control Commission, or any other successor agency that acquires, cultivates, possesses, processes (including development of related products such as edible cannabis, tinctures, aerosols, oils or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their personal care-givers.
(a) 
Definitions:
1. 
Solar Energy System: A device or structural design feature, a substantial purpose of which is to provide for the collection, storage and distribution of solar energy for space heating or cooling, electricity generation, or water heating.
a. 
Solar Energy System, Active: A solar energy system whose primary purpose is to harvest energy by transforming solar energy into another form of energy or transferring heat from a collector to another medium using mechanical, electrical, or chemical means.
b. 
Solar Energy System, Ground-Mounted/Canopy: An Active Solar Energy System that is structurally mounted to the ground and is not roof-mounted.
c. 
Solar Energy System, Roof-Mounted: An Active Solar Energy System that is structurally mounted to the roof of a building or structure.
2. 
Solar-ready zone: The solar-ready zone area is 50% of the roof area that is either flat or oriented between 110 degrees and 270 degrees of true north, exclusive of mandatory access or set back areas as required by the MA Fire Code.
(b) 
Requirements: Development requiring site plan review approval under section 9.03 in the NB, LB, CB, I- 1, I-2, I-3, RMUD, and PSCD Districts greater than or equal to 10,000 gross square feet or containing 10 or more residential units shall include a solar energy system that is equivalent to a minimum of 50% of the roof area of all buildings. In cases where a site includes an uncovered parking structure the structure shall also have a solar energy system installed to cover a minimum of 90% of its top level.
(c) 
Solar Energy System Assessment: A solar assessment shall be submitted and the assessment must include, at a minimum:
1. 
An analysis for solar energy system(s) for the site detailing layout and annual production.
2. 
Include the maximum feasible solar zone area of all structures and potential ground-mounted canopies.
3. 
An initial solar energy system assessment shall be submitted with the required application for Site Plan Review under section 9.03.
4. 
A final solar installation plan must be reviewed and approved by the Department of Community Development and Planning, prior to the issuance of a Building Permit.
(d) 
Exemptions: A project will not be required to install a solar energy system on the roof when there is no solar ready zone, or the solar-ready zone is shaded for more than 50 percent of daylight hours annually, or for building conversions with insufficient structural load capacity. Further, in the case of a mixed or ground mounted installation the requirement may be reduced or waived if the assessment determines there is not a viable location to meet the solar requirement.
(e) 
Safety and Locations Guidelines:
1. 
Emergency Access - Solar energy systems shall be located in such a manner as to ensure emergency access to the roof, provide pathways to specific areas of the roof, provide for smoke ventilation opportunities, and provide emergency egress from the roof, as required by the MA Fire Code, as updated.
2. 
Safety - No roof-mounted solar energy system shall be located in a manner that would cause the shedding of ice or snow from the roof into a porch, stairwell or pedestrian travel area.