A. 
General. Adult Uses, as defined in Article XI, are subject to the following regulations.
B. 
Purpose. The purpose of this section is to address and mitigate the secondary effects of 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 Town, adverse impacts on the property values of residential and commercial properties, and adverse impacts on the quality of life in the Town. All of said secondary impacts are adverse to the health, safety and general welfare of the Town and its inhabitants.
(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, including sexually oriented matter or materials. Similarly, it is not the purpose or intent of this section 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 to legalize the sale, rental, distribution or exhibition of obscene or other illegal matter or materials.
C. 
Authority. This section is enacted pursuant to MGL c. 40A and pursuant to the Massachusetts Constitution to serve the compelling Town interests of limiting the location of and preventing the clustering and concentration of certain Adult Uses for the reasons set forth, above.
D. 
Location. Adult Uses may not be located:
(1) 
Within 1,000 feet of each other;
(2) 
Within 500 feet of the nearest lot line of: a) a residential district or b) a place of worship or a building used for religious purposes unless the Zoning Board of Appeals first determines, in writing, that the use will not be detrimental to the spiritual activities;
(3) 
Within 1,000 feet of a nonprofit educational use, library or museum; or
(4) 
Within 1,000 feet of a park or playground.
E. 
Setback and sign requirements. All Adult Uses must meet the setback requirement of the appropriate district. All signage must meet the requirements of § 190-34. No advertisement, display or other promotional material which contains sexually explicit graphics or sexually explicit text is to be visible to the public from any public way, including but not limited to pedestrian walkways.
(1) 
If the business allows for the showing of films or videos within the premises, the booths in which the films or videos are viewed shall not be closed off by curtains, doors or screens. All shall be clearly seen from the center of the establishment.
F. 
Special permit application. The application for a special permit under this section must include the following information:
(1) 
Name and address of the legal owner of the establishment.
(2) 
Name and address of all persons having a lawful equity or security interest in the establishment.
(3) 
A sworn statement must be provided stating that neither the applicant nor any person having an equity or security interest in the establishment has been convicted of violating MGL c. 119, § 63, or MGL c. 272, § 28. No special permit shall be issued under this section to any person convicted of violating MGL c. 119, § 28.
(4) 
Proposed security precautions.
(5) 
The number of employees.
A. 
Purpose. The intent of this section is to address possible adverse public health and safety consequences related to the passage of State Referendum Question 3 on November 6, 2012. It is the purpose of this section to minimize any potential adverse impacts on the quality of life in the Town. It is the intent of this section to establish specific zoning standards and regulations for registered marijuana dispensaries, medical marijuana infused products, medical marijuana paraphernalia, manufacturers, and medical marijuana growing and cultivation operations either related to a registered marijuana dispensary; to provide for the limited establishment of registered marijuana dispensaries in appropriate place's and under strict conditions in acknowledgment of the passage of the said Question 3; to minimize the adverse impacts of registered marijuana dispensaries on adjacent properties, schools and other places where children congregate, and other land uses potentially incompatible with said dispensaries; to regulate the siting, design, placement, safety, monitoring, modification, and removal of registered marijuana dispensaries; and to limit the overall number of registered marijuana dispensaries in the Town to what is essential to serve the public necessity.
B. 
Definitions. See "Registered Marijuana Dispensaries" in Article XI.
C. 
Location. Registered marijuana dispensaries may be permitted pursuant to a special permit subject to the following limitations:
(1) 
Registered marijuana dispensaries and marijuana cultivation may not be located within 500 feet of the following:
(a) 
Any school, child-care establishment, or place where minors frequent (e.g., a library, ball field, sports or family recreation facility, religious facility or the like);
(b) 
Any drug or alcohol rehabilitation facility;
(c) 
Any group home, halfway house or similar facility; or
(d) 
Any other registered marijuana dispensary.
(2) 
The distance under this section is measured in a straight line from the nearest point of the property line of the protected uses identified in § 190-36C(1) to the nearest point of the property line of the proposed registered marijuana dispensary.
D. 
Permit procedure. The Zoning Board of Appeals shall be the Special Permit Granting Authority (SPGA) for a registered marijuana dispensary special permit. After notice and public hearing and consideration of application materials, consultant reviews, public comments, and the recommendations of other Town boards and departments, the SPGA shall act upon such a permit application. In addition to the materials required under §§ 190-60 and 190-61, for special permits and site plan review, respectively, the applicant shall include in its application for such a special permit:
(1) 
A copy of its registration as a registered marijuana dispensary from the Massachusetts Department of Public Health; and
(2) 
A detailed floor plan of the promises of the proposed registered marijuana dispensary that identifies the square footage available and describes the functional areas of the registered marijuana dispensary, including areas for any preparation of marijuana-infused products.
E. 
Site plans. The applicant shall also submit a detailed site plan that includes the following information:
(1) 
Compliance with the requirements for parking and loading spaces, for lot size, frontage, yards and heights and coverage of buildings, and all other provisions of this chapter;
(2) 
Convenience and safety of vehicular and pedestrian movement on the site and for the location of driveway openings in relation to street traffic;
(3) 
Convenience and safety of vehicular and pedestrian movement off the site, if vehicular and pedestrian traffic offsite can reasonably be expected to be substantially affected by on-site changes;
(4) 
Adequacy as to the arrangement and the number of parking and loading spaces in relation to the proposed use of the premises, including designated parking for home delivery vehicle(s), as applicable;
(5) 
Design and appearance of proposed buildings, structures, freestanding signs, screening and landscaping; and adequacy of water supply, surface and subsurface drainage and light;
(6) 
A copy of the security measures, including employee security policies, approved by the Department of Public Health for the registered marijuana dispensary;
(7) 
A copy of the emergency procedures approved by the Department of Public Health for the registered marijuana dispensary;
(8) 
A copy of the policies and procedures for patient or personal caregiver home delivery approved by the Department of Public Health for the registered marijuana dispensary;
(9) 
A copy of the policies and procedures for the transfer, acquisition, or sale of marijuana between registered marijuana dispensaries approved by the Department of Public Health;
(10) 
A copy of proposed waste disposal procedures; and
(11) 
A description of any waivers from the Department of Public Health regulations issued for the registered marijuana dispensary.
F. 
Special permit conditions. The SPGA shall impose conditions reasonably appropriate to improve site design, traffic flow and public safety; to protect water quality, air quality and significant environmental resources; to preserve the character of the surrounding area; and otherwise to serve the purpose of this section. In addition to any specific conditions applicable to the applicant's registered marijuana dispensary, the SPGA shall include the following conditions in any special permit granted under this section:
(1) 
Hours of operation, including dispatch of home deliveries;
(2) 
The permit holder shall file a copy of any incident report required under 105 CMR 725.110(F) with the Building Inspector, the Chief of Police and the SPGA within 24 hours of creation by the registered marijuana dispensary. Such reports may be redacted as necessary to comply with any applicable state or federal laws and regulations.
(3) 
The permit holder shall file a copy of any cease and desist order, quarantine order, suspension order, order limiting sales, notice of a hearing, or final action issued by the Department of Public Health or the Division of Administrative Law Appeals, as applicable, regarding the registered marijuana dispensary with the Building Inspector, the Chief of Police and the SPGA within 48 hours of receipt by the registered marijuana dispensary.
(4) 
The permit holder shall provide to the Building Inspector and Chief of Police the name, telephone number and electronic mail address of a contact person in the event that such person needs to be contacted after regular business hours to address an urgent issue. Such contact information shall be kept updated by the permit holder.
(5) 
The special permit shall lapse five years after its issuance. If the permit holder wishes to renew the special permit, an application to renew the special permit must be submitted at least 120 days prior to the expiration of the special permit.
(6) 
The special permit shall be limited to the current applicant and shall lapse if the permit holder ceases operating the registered marijuana dispensary.
(7) 
The special permit shall lapse upon the expiration or termination of the applicant's registration by the Department of Public Health.
(8) 
The permit holder shall notify the Building Inspector and SPGA, in writing, within 48 hours of the cessation of operation of the registered marijuana dispensary or the expiration or termination of the permit holder's registration with the Department of Public Health.
G. 
Nuisances prohibited. No use shall be allowed that creates a nuisance to abutters or to the surrounding area, or which creates any hazard, including, but not limited to, fire, explosion, fumes, gas, smoke, odors, obnoxious dust, vapors, offensive noise or vibration, flashes, glare, objectionable effluent or electrical interference, which may impair the normal use and peaceful enjoyment of any property, structure or dwelling in the area.
A. 
General. Residing or living in trailers or mobile homes is not allowed in the Town of Wakefield, with the following exceptions:
(1) 
The owner or occupier of a residence which has been destroyed by fire or other natural catastrophe may place a mobile home on the site of such residence and reside in such home for a period not to exceed 18 months while the residence is being rebuilt. This period may be extended by 12 months by the Building Inspector for good cause. Any such mobile home shall be subject to the provisions of the State Sanitary Code.
(2) 
Trailers or mobile homes used on construction projects as offices or places of storage must have a permit from the Building Inspector to be used as such and may be used only for the time limit as stated on the permit. If the time expires, a new permit will be needed.