Final Adopted Ordinance, marijuana study period — File 204638

CITY OF SOMERVILLE ORDINANCE NO. 02 IN THE BOARD OF ALDERMEN: March 8, 2018 AN ORDINANCE AMENDING ARTICLE 7 OF THE SOMERVILLE ZONING ORDINANCE TO INSTITUTE A STUDY PERIOD UNDER WHICH THE CITY WILL REVIEW RECREATIONAL MARIJUANA FACILITIES PRIOR TO PERMITTING THEM IN SOMERVILLE WHEREAS, the residents of the Commonwealth voted in 2016 to permit recreational marijuana facilities in Massachusetts; and, WHEREAS, the Commonwealth has established laws and is in the process of developing regulations for the operation of recreational marijuana facilities; and, WHEREAS, the City seeks to ensure that there is adequate opportunity for community outreach and discussion about the proper locations and operating conditions of recreational marijuana facilities; and, WHEREAS, communities have been permitted to seek time through the end of 2018 to study and establish zoning regulations for the location and operating conditions of recreational marijuana facilities; now, THEREFORE, be it adopted by the Board of Aldermen, in session assembled, that Article 7 of the Somerville Zoning Ordinance is amended by adding a new Section 7.16, as follows: 7.16 Recreational Marijuana – Study Period The City of Somerville hereby adopts a temporary limitation on the use of land or structures for Recreational Marijuana Facilities. The regulations of this section shall remain in effect until December 13, 2018. During this period, the City will continue to undertake planning to address the potential impacts of recreational marijuana in Somerville, consider state regulations regarding Recreational Marijuana Facilities and related uses, and adopt a permanent set of zoning regulations to address the impacts and operation of Recreational Marijuana Facilities and related uses. During this temporary limitation period, the operation of any marijuana establishment, as defined by G.L. c. 94G Section 1, including without limitation, a marijuana cultivator, testing facility, product manufacturer, retailer or any other type of licensed marijuana--‐related business, is prohibited in all zoning districts of the city. This prohibition shall not apply to the sale, distribution or cultivation of marijuana for medical purposes licensed under Chapter 369 of the Acts of 2012, and permitted by special permit per Section 7.15 of this zoning ordinance. Approved: President, Board of Aldermen