Robert Celt
New Member
As the six-month moratorium on new medical marijuana growing operations nears an end, city officials are proposing changes to Sanford's existing ordinances to regulate their location and operation.
The planning board had a public hearing on the proposed changes scheduled for Wednesday, Jan. 27, and the city council will hold a public hearing on the changes at its Feb. 2 meeting.
Cultivation of medical marijuana is legal in Maine, and the state has established laws regulating the cultivation and use of medicinal marijuana. However, state law authorizes cities and towns to regulate the cultivation and production of medical marijuana outside of a primary caregiver's or registered patient's residence.
Last summer, the Sanford Planning Department started seeing an increasing number of requests from licensed caregivers who want to establish medical marijuana production facilities outside their primary residences.
Members of the city council and the planning board met July 28 to discuss issues surrounding the commercial cultivation of medical marijuana and its impacts on residents. The consensus at the meeting was that Sanford's ordinances and land use tables needed to be revised to fully address commercial cultivation of medical marijuana.
Among the areas of concern were "potential adverse effects on neighborhoods, security of the facilities and odors that may create a public nuisance or hazard."
The council approved a temporary moratorium on approval of any new medical marijuana production facilities in the city on Sept. 8, 2015, with the exception of seven applications that were already in various stages of development. The council's zoning and public safety subcommittee had the task, along with the planning director, of developing appropriate regulations for medical marijuana production facilities.
Sanford Planning Director Beth Della Valle is recommending revisions to the City's Zoning Ordinance to regulate three tiers of medical marijuana production in the city, as allowed by the state: home production by a registered patient in his or her primary residence; home production by a registered Maine medical marijuana primary caregiver as a home occupation in his or her primary residence; and out-of-home commercial production facilities.
The proposed statute allows medical marijuana home production by 1) a Maine medical marijuana registered patient, as an accessory use in the home, in all zones, in conformance with standards covering security, lighting, odor, noise and disposal of waste or residue; 2) by a registered Maine medical marijuana primary caregiver is allowed in his or her home as a home occupation in all zones in conformance with similar standards and also includes a requirement for an annual inspection for compliance with municipal building, electrical, fire, and other health safety and technical codes; and 3) allows medical marijuana production facilities as a permitted use in the Airport Development, Industrial Business, and Rural Mixed-Use zones, and as a conditional use in a newly designated Medical Marijuana Urban Overlay Zone in conformance with specified standards, including the requirement for an annual compliance inspection and an annual license from the City Council in conformance with the city's ordinance covering business licenses.
Production facilities will not be allowed within 500 feet of an existing public or private school, day care, park, playground or church and will require rigorous security measures and an internal sprinkler system.
The city council's public hearing on the proposed revisions will be held Tuesday, Feb. 2, at 6 p.m. in the council chambers on the third floor of the City Hall Annex.
News Moderator: Robert Celt 420 MAGAZINE ®
Full Article: MA: Marijuana Ordinance Up For Review
Author: Ellen W. Todd
Photo Credit: None found
Website: Fosters.com
The planning board had a public hearing on the proposed changes scheduled for Wednesday, Jan. 27, and the city council will hold a public hearing on the changes at its Feb. 2 meeting.
Cultivation of medical marijuana is legal in Maine, and the state has established laws regulating the cultivation and use of medicinal marijuana. However, state law authorizes cities and towns to regulate the cultivation and production of medical marijuana outside of a primary caregiver's or registered patient's residence.
Last summer, the Sanford Planning Department started seeing an increasing number of requests from licensed caregivers who want to establish medical marijuana production facilities outside their primary residences.
Members of the city council and the planning board met July 28 to discuss issues surrounding the commercial cultivation of medical marijuana and its impacts on residents. The consensus at the meeting was that Sanford's ordinances and land use tables needed to be revised to fully address commercial cultivation of medical marijuana.
Among the areas of concern were "potential adverse effects on neighborhoods, security of the facilities and odors that may create a public nuisance or hazard."
The council approved a temporary moratorium on approval of any new medical marijuana production facilities in the city on Sept. 8, 2015, with the exception of seven applications that were already in various stages of development. The council's zoning and public safety subcommittee had the task, along with the planning director, of developing appropriate regulations for medical marijuana production facilities.
Sanford Planning Director Beth Della Valle is recommending revisions to the City's Zoning Ordinance to regulate three tiers of medical marijuana production in the city, as allowed by the state: home production by a registered patient in his or her primary residence; home production by a registered Maine medical marijuana primary caregiver as a home occupation in his or her primary residence; and out-of-home commercial production facilities.
The proposed statute allows medical marijuana home production by 1) a Maine medical marijuana registered patient, as an accessory use in the home, in all zones, in conformance with standards covering security, lighting, odor, noise and disposal of waste or residue; 2) by a registered Maine medical marijuana primary caregiver is allowed in his or her home as a home occupation in all zones in conformance with similar standards and also includes a requirement for an annual inspection for compliance with municipal building, electrical, fire, and other health safety and technical codes; and 3) allows medical marijuana production facilities as a permitted use in the Airport Development, Industrial Business, and Rural Mixed-Use zones, and as a conditional use in a newly designated Medical Marijuana Urban Overlay Zone in conformance with specified standards, including the requirement for an annual compliance inspection and an annual license from the City Council in conformance with the city's ordinance covering business licenses.
Production facilities will not be allowed within 500 feet of an existing public or private school, day care, park, playground or church and will require rigorous security measures and an internal sprinkler system.
The city council's public hearing on the proposed revisions will be held Tuesday, Feb. 2, at 6 p.m. in the council chambers on the third floor of the City Hall Annex.
News Moderator: Robert Celt 420 MAGAZINE ®
Full Article: MA: Marijuana Ordinance Up For Review
Author: Ellen W. Todd
Photo Credit: None found
Website: Fosters.com
