HomeMy WebLinkAbout2022-146 Recreational Marijuana OverlayBARNSTABLE TOWN COUNCIL
ITEM# 2022-146
INTRO: 03/03/2022
2022-146 AMENDING THE CODE OF THE TOWN OF BARNSTABLE,
PART I GENERAL ORDINANCES, CHAPTER 240 ZONING BY
MOVING AND RENUMBERING SECTION 240-122.1
REGISTERED RECREATIONAL MARIJUANA CULTIVATORS,
RESEARCH FACILITIES, AND TESTING LABORATORIES INTO
A NEW OVERLAY ZONING DISTRICT AND REPEALING
SECTIONS 240-129 AND 240-129.1 EXPIRED TEMPORARY
MORATORIAM FOR MARIJUANA USES
ORDERED: That the Code of the Town of Barnstable, Part I General Ordinances, Chapter 240
Zoning be amended as follows:
SECTION 1
By amending the Zoning Map of Barnstable, Mass., dated September 1, 1998, as previously
amended, as referenced in Article II, Section 240-6, to add a Registered Recreational Marijuana
Cultivators, Research Facilities, and Testing Laboratories Overlay District, as shown on maps
dated January 21, 2022, prepared by the Town of Barnstable Geographical Information System
Unit, and entitled:
Proposed Amendment to the Town Zoning Map Creating the Registered Recreational
Marijuana Cultivators, Research Facilities, and Testing Laboratories Overlay District
Proposed Amendment to the Hyannis Zoning Map Creating the Registered Recreational
Marijuana Cultivators, Research Facilities, and Testing Laboratories Overlay District
SECTION 2
By amending Article II, Section 240-5, Establishment of districts, by inserting “Registered
Recreational Marijuana Cultivators, Research Facilities, and Testing Laboratories Overlay
District” immediately below the “Medical Marijuana Overlay District” as it appears under the
heading “Overlay Districts”.
SECTION 3
A. By striking the words “Article XII. Registered Recreational Marijuana Cultivators,
Research Facilities and Testing Laboratories” and inserting “Article XII. (Reserved)” in
their place.
B. By moving Section 240-122.1, Registered recreational marijuana cultivators, research
facilities and testing laboratories, in its entirety from Article XII to Article III and
inserting and renumbering said section as Section 240-31..
SECTION 4
By amending said Article III, Chapter 240-31 as follows:
A. In Subsection A(1), striking out “MS Medical Services District and the GM Gateway
Medical District” and substituting in its place “Registered Recreational Marijuana
Cultivators, Research Facilities and Testing Laboratories Overlay District”, so that
revised Section 240-31 A(1) shall read:
“Purpose. To provide for the location of registered recreational marijuana cultivators,
research facilities and independent testing laboratories, as defined herein, in
accordance with Chapter 55 of the Acts of 2017 and M.G.L. c.94G, the Humanitarian
Medical Use of marijuana Act. M.G.L. c.94C, App. § 1-1, et. seq., as amended by
Chapter 55 of the Acts of 2017, M.G.L. c.94I, to be enacted pursuant to Chapter 55 of
the Acts of 2017, and Cannabis Control Commission Regulations 935 CMR 500.00
governing Adult Use of marijuana, in locations within the Registered Recreational
Marijuana Cultivators, Research Facilities and Testing Laboratories Overlay District
suitable for lawful marijuana cultivation, research and Independent Testing and to
minimize adverse impacts of marijuana cultivation, research facilities and independent
testing laboratories on adjacent properties, residential neighborhoods, historic sites,
schools and other locations where minors congregate by regulating the siting, design,
placement, security, modification and removal of marijuana cultivators, research
facilities and independent testing laboratories.”
B. By amending Subsection A(3) by striking out “MS Medical Services District and the GM
Gateway Medical District” and substituting in its place “Registered Recreational
Marijuana Cultivators, Research Facilities and Testing Laboratories Overlay District”.
C. By further amending Subsection A(3) by striking out the words “and § 240-24.1.2E”, so
that revised Section 240-31 A(3) shall read:
“Use. Within the Registered Recreational Marijuana Cultivators, Research Facilities,
and Testing Laboratories Overlay District, a licensed marijuana cultivator, research
facility or independent testing laboratory may be permitted as a conditional use,
provided a special permit is first obtained from the Planning Board. All special permits
granted under this article shall be subject to the provisions of § 240-125C herein and
subject to all additional standards and conditions of this article.”
D. In Subsection A(4), striking out “MS Medical Services District and the GM Gateway
Medical District” and substituting in its place “Registered Recreational Marijuana
Cultivators, Research Facilities and Testing Laboratories Overlay District”, so that
revised Section 240-31 A(4) shall read:
“Prohibition of all other non-medical marijuana establishments. Except for licensed
marijuana cultivators, research facilities and independent testing laboratories permitted
as a conditional use in the Registered Recreational Marijuana Cultivators, Research
Facilities, and Testing Laboratories Overlay District, subject to all the requirements of
this article, all other types of non-medical "marijuana establishments" as defined in
M.G.L. c.94G § 1, including marijuana product manufacturers, marijuana retailers or
any other types of licensed related businesses are prohibited.”
E. In Subsection G, striking out “Article XII, § 240-122.1,” and substituting in its place
“Article III, § 240-31” so that revised Section 240-31 G shall read:
“Severability. The provisions of Article III, § 240-31, are severable. If any provision
shall be held to be invalid or unconstitutional by any court of competent jurisdiction,
the remaining provisions shall continue in full force and effect.”
SECTION 4
By deleting Article XIV, Section 240-129 in its entirety.
SECTION 5
By deleting Article XIV, Section 240-129.1 in its entirety.
SPONSOR:
DATE ACTION TAKEN
________ ____________________________________
________ ____________________________________
____ Read Item
____ Motion to Open Public Hearing
____ Rationale
____ Public Hearing
____ Close Public Hearing
____ Council Discussion
____ Vote
BARNSTABLE TOWN COUNCIL
ITEM# 2022-146
INTRO: 03/03/2022
SUMMARY
TO: Town Council
FROM: Mark S. Ells, Town Manager
THROUGH: Elizabeth S. Jenkins, Planning & Development Director
DATE: March 03, 2022
SUBJECT: Amending the Code of the Town of Barnstable, Part I General Ordinances,
Chapter 240 Zoning by moving and renumbering section 240-122.1 Registered
Recreational Marijuana Cultivators, Research Facilities, and Testing Laboratories
into a new overlay Zoning District and repealing sections 240-129 and 240-129.1
expired temporary moratorium for Marijuana uses
RATIONALE: This proposed zoning ordinance amendment is a corollary amendment to the
proposed new Downtown Hyannis Zoning.
Adult use registered recreational marijuana cultivators, research facilities, and testing
laboratories are currently allowed within the Medical Services (MS) Zoning District and the
Gateway Medical (GM) Zoning District. The new Downtown Hyannis Zoning will create a total
of seven zoning districts, where there are currently eight, and the boundaries of the MS and GM
Zoning Districts will changed with the redrawing of the zoning district lines.
In order to maintain the current configuration and extent of the allowed recreational marijuana
uses, we have created an overlay district that mirrors the current MS and GM zoning districts. By
doing so, every lot that currently allows for recreational marijuana uses will continue to do so,
and every lot that currently does not allow for recreational marijuana uses will continue to not
allow them.
There are no changes proposed to the current allowed location of recreational marijuana uses;
there are no changes proposed to the recreational marijuana use regulations themselves.
There is also a corollary zoning map amendment, which shows the new “Registered Recreational
Marijuana Cultivators, Research Facilities, and Testing Laboratories Overlay Zoning District.”
This amendment also repeals two expired temporary zoning moratoria on marijuana uses.
Section 240-129 was a temporary moratorium on medical marijuana treatment centers. This
moratorium expired on January 1, 2014. Section 240-129.1 was a temporary moratorium on
recreational marijuana establishments and marijuana retailers. This moratorium expired on
December 31, 2018.
Collectively, these amendments clean up and consolidate all provisions related to recreational
adult-use marijuana and medical marijuana and make them consistent with the proposed new
Downtown Hyannis Zoning without changing any of the current regulatory provisions.
STAFF ASSISTANCE: Gloria McPherson, Planning & Economic Development Coordinator;
Kate Connolly, Assistant Town Attorney