SECTION 7.0 SPECIAL REGULATIONS

7.1 ADULT ENTERTAINMENT

7.1.1 Purpose. The purpose and intent of this adult entertainment by-law is to address and mitigate the secondary effects of the adult uses regulated herein. Such 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 which secondary impacts are adverse to the health, safety, and general welfare of the Town of Canton and its inhabitants. The provisions of this adult entertainment by-law have neither the purpose nor intent of imposing a limitation or restriction 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 adult by-law to restrict or deny access by adults to adult uses and to sexually oriented matter or materials protected by the Constitutions of the United States of America and the Commonwealth of Massachusetts, nor 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 bylaw to legalize the sale, rental, distribution, or exhibition of obscene or other illegal matter or materials. As is set forth below, the methods employed in this adult entertainment by-law to address and mitigate the secondary effects of the adult uses regulated herein are to define the area where such uses may be located and to prevent a concentration of such uses within that area.

7.1.2 Applicability. Adult entertainment uses subject to this special regulation are as follows:

1. Adult Bookstores;

2. Adult Motion Picture Theatres;

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3. Adult Clubs;

4. Adult Paraphernalia Stores; and

5. Adult Video Stores.

7.1.3 Special Permit. The Zoning Board of Appeals, as special permit granting authority, may issue a special permit for the establishment of the adult uses specified herein consistent with the standards applicable to applications for special permits generally, providing that all the following requirements are met.

7.1.4 Requirements.

1. The adult uses must be located in an Industrial District.

2.. The adult uses are located at least 500 feet from any residential zone or district, or residential development.

3. Adult uses must be located at least 500 feet from any establishment licensed under the provisions of G.L. c. 138, Section 12. In case of an adult club, which itself must be licensed under the provisions of G.L. c. 138, Section 12, such club must be located at least 500 feet from any other establishment licensed under the provisions of G.L. c. 138, Section 12.

4. Adult uses must be located 500 feet from any public or private school; house of worship; day care center; and park, playground, playfield or recreation facility.

5. Signs and advertising devices for adult uses shall not be illuminated and shall not exceed six (6) square feet. No more than two signs or advertising device shall be permitted.

7.1.5 Conditions. In granting a special permit under this Section 7.1, the Zoning Board of Appeals may impose any condition or limitation upon the establishment, location, construction, maintenance and/or operation of the regulated adult use which is reasonably necessary to prevent the secondary effects of the adult uses regulated herein.

7.1.6 Lapse. In any case where a building permit for the regulated adult use has not been obtained within six months after the granting thereof, the special permit granted shall become null and void.

7.2 NOT USED

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7.3 MOTOR VEHICLE FUEL STATIONS AND OTHER SERVICES.

7.3.1 General. Motor vehicle fuel stations, repair garages, storage battery service stations, body shops and painting shops, tire stores, radiator shops or any of their appurtenances or accessory uses shall not be erected, placed or located within fifty (50) feet of any residence district or residence structure. In addition, the use of structure shall conform to the following requirements in addition to district requirements.

7.3.2 Requirements.

1. The minimum frontage on a street shall be one hundred fifty (150) feet.

2. The maximum width of driveways and curb cuts measured at the street lot line or lines shall be thirty (30) feet; the minimum width shall be twenty four (24) feet.

3. The minimum distance of driveways, measured at the street lot line or lines shall be as follows:

From corner lot line: 20 feet From interior lot line: 10 feet From other driveway on same lot: 20 feet

4. The minimum setback of any building from all street lot lines shall be fifty (50) feet.

5. The minimum setback of gasoline pumps from all street lot lines shall be sixteen (16) feet.

6. A raised concrete or granite curb at least six (6) inches in height shall be constructed along all street lines except at driveway openings.

7. Properties in Residential Districts or any residence structures which abut an automobile service station or other automotive service shall be protected from headlight glare by either a strip at least four (4) feet wide, densely planted with shrubs which are at least four (4) feet high at the time of planting and which are of a type that may be expected to form a year-round dense screen at least six (6) feet high within three (3) years, or an opaque wall, barrier, or fence of uniform appearance at least five (5) feet high, but more than seven (7) feet above finished grade.

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8. Such screening shall be maintained in good condition at all times and shall not be permitted to exceed seven (7) feet in height within required side yards. Such screening of barriers may be interrupted by normal entrances or exits and shall not be required within ten (10) feet of a street lot line.

9. The Zoning Board of Appeals may, for good cause, grant a special permit reducing the minimum dimensional requirements stated in said Section 7.3.

7.4 EARTH REMOVAL

7.4.1 Applicability. No earth removal operations shall be allowed at any premises within the Town unless such operations will constitute an exemption as hereinafter provided or is done pursuant to a special permit therefore issued by the designated Special Permit Granting Authority (SPGA).

1. The Zoning Board of Appeals shall be the SPGA for all purposes hereunder except for subdivision developments, in which case the Planning Board shall be the SPGA. Preliminary or final approval of a subdivision plan shall not be construed as authorizing the removal of earth material from the premises, even in connection with the construction of streets shown on the subdivision plan.

2. See also, Canton Code, Article 20.

7.4.2 Definitions. See Section 11, “Earth Removal.”

7.4.3 Prohibition

1. Earth removal operations are prohibited within the Groundwater Protection Overlay District within ten (10) feet of historical high groundwater as determined from monitoring wells and historical water table fluctuation data compiled by the United States Geological Survey, except for building foundations, roads or utility work.

2. Earth removal operations, including without limitation use of any equipment or storage or deposit of earth materials related to such operations, and vegetative removal are prohibited within thirty (30) feet of any public or private way or property boundary line of any lot, tract, or parcel of land all of which is not owned by the same person or persons without an earth removal permit.

7.4.4 Special Permit Required. No special permit for removal of earth materials (including temporary structures accessory thereto), shall be granted unless the appropriately designated Special Permit Granting Authority finds that the earth removal

-63- operations conducted under such permit, subject to the conditions imposed thereby, shall be in the best interest of the Town. The Special Permit Granting Authority shall adopt rules, regulations and standards governing the administration of applications for special permits under this section.

7.4.5 Submittal Requirements. A report outlining environmental concerns relating to the Proposed earth removal operation is required as part of the Special Permit process. The report shall include an Existing Conditions Site Analysis Plan showing wetlands, slopes over fifteen (15) percent, soil conditions, fall water tables, areas within the Flood Hazard Areas, Groundwater Protection District, and such other natural features as the Special Permit Granting Authority may request. The report shall also include an evaluation of the impact of the earth'" removal operations on the water quality and hydrology of the immediate neighborhood.

7.4.6 Special Exemptions. The removal of earth material from any premises for the following operations shall constitute a special exemption from this Section

1. The removal of less than twenty five (25) cubic yards of earth material in the aggregate in any year from any one lot, tract or parcel of land, provided (a) prior to performing any earth removal operations, the person or persons performing such operations shall file with the applicable SPGA a site plan and as-built plan (if applicable) showing all pertinent existing conditions at the site, including without limitation the grade, topography and ground cover existing at the property; (b) any earth removal operations are consistent with all the considerations set forth in Section 7.4.12 and comply with Section 7.4.3; and (c) upon the completion of such earth removal operations, the person or persons performing such operations file(s) with the applicable SPGA a site plan and as- built plan showing the existing conditions as affected by the earth removal operations.

2. The transfer of less than one hundred (100) cubic yards of earth material from one part of a lot, tract or parcel of land to another part of the same lot, tract, or parcel of land all of which is owned by the same person or persons, provided (a) prior to performing any earth removal operations, the person or persons performing such operations shall file with the applicable SPGA a site plan and as- built plan (if applicable) showing all pertinent existing conditions at the site, including without limitation the grade, topography and ground cover existing at the property; (b) any earth removal operations are consistent with all the considerations set forth in Section 7.4.12 and comply with Section 7.4.3; and (c) upon the completion of such earth removal operations, the person or persons performing such operations file(s) with the applicable SPGA a site plan and as- built plan showing the existing conditions as affected by the earth removal operations.

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3. The removal of earth material from land in use by the Town or other government agency.

4. The removal of earth material necessarily excavated in connection with the lawful construction of a building or structure, or of a driveway, parking lot, sidewalk or path incidental to any such building or structure, provided that the quantity of material removed does not exceed that actually displaced by the portion of building, structure, driveway, parking lot, sidewalk or path below finished grade. All plans required to be filed under this Section shall be prepared and certified by a duly licensed engineer. Failure to file with the SPGA any such plans prior to conducting any earth removal operations shall constitute a violation of this Section.

7.4.7 Waiver. Notwithstanding any provisions in Section 7.4.6 to the contrary, Section 7.4.6 shall not require the filing of site plans or as-built plans pursuant to subparagraphs (a) and (c) of those sections, provided that the earth removal operations being performed: (1) do not involve the removal of more than ten (10) cubic yards of earth material in the aggregate in any year from or on any one lot, tract or parcel of land; occur on any one lot, tract or parcel of land used principally for agricultural purposes and such earth removal operations are directly related to such agricultural use; or the property owner or its agent, duly authorized by such owner in writing, files with the applicable SPGA a request for a waiver from the SPGA to waive the site-plan and as-built plan requirements of Section 7.4.6.2 and payment of such fees as may be set by the Town pursuant to G. L. Ch. 40, s. 22F. The SPGA shall grant such waiver to the property owner only upon: (1) receipt of such written request for the waiver and filing fees; and (2) making a finding and determination that (a) unusual circumstances affect the land and structures, (b) the property owner would suffer hardship related to his or her property but for the grant of such waiver, and (c) the proposed earth removal operations and granting of such waiver will not be a substantial detriment to the public good and will not nullify or substantially derogate from the intent or purpose of this Section.

7.4.8 Exemptions for Existing Lawful Operations. Any land use contra to this Section, including sand pits, gravel pits, or other earth removal activity, in lawful operation on any parcel of land on the date of adoption of this By-law may continue unless or until abandoned or, if operating under a special permit issued under any prior By-law of the Town, until the expiration thereof. Such permits shall not be renewed. Discontinuance for more than twelve (12) consecutive months shall be deemed to constitute abandonment. However, no use of land contra to this Section shall be extended by any increase in the area of excavation after said adoption date or increase in the excavation depth below the grade of the lowest excavated area after said adoption date.

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7.4.9 Application. Each application for a special permit of earth material removal shall be accompanied by a plan, submitted in duplicated (the exact size and number of copies of which may be indicated by rule of the Zoning Board of Appeals, prepared at the expense of the applicant by a Registered Land Surveyor or Civil Engineer showing:

1. the existing contours of the land;

2. the contours as proposed after completion of the operation;

3. the proposed lateral support to all adjacent property;

4. the proposed drainage;

5. other information necessary to indicate the complete physical characteristics of the proposed operation.

7.4.10 Other Boards. Within ten (10) days after receipt of the plan, the Zoning Board of Appeals shall transmit a copy thereof to the Planning Board, which said Board may, at its discretion, investigate the case and report in writing its recommendations to the Zoning Board of Appeals. The Zoning Board of Appeals shall not take final action on such application until it has received a report thereon from the Planning Board, or until said Planning Board has allowed thirty-five (35) days to elapse after receipt of such plan without submission of a report.

1. Where the Planning Board acts as the SPGA, substitute Planning Board for Board of Appeals and Board of Appeals for Planning Board.

7.4.11 Conditions of Permit. In granting a permit hereunder, the Special Permit Granting Authority shall impose reasonable conditions specially designed to safeguard the neighborhood and the Town, which shall include conditions as to (i) method of removal, (ii) type and location of temporary structures, (iii) hours of operation, (iv) policing of traffic entering and leaving site, (v) routes for transporting the material through the Town, (vi) area and depth of excavation, (vii) distance of excavation to street and lot lines, (viii) steepness of slopes excavated, (ix) reestablishment of ground levels and grades, (x) provisions for temporary and permanent drainage, (xi) provision for temporary and permanent sedimentation and erosion control (xii) provisions for storm water drainage (xiii) disposition of boulders and tree stumps, (xiv) replacement of a minimum of four (4) inches of high grade topsoil over the area of removal, and (xiv) planting of the area to suitable cover, including trees.

1. No permit of removal of earth material shall be used for a period of more than one (1) year in a Residential District or more than three (3) years in a Non- Residential District, although such a permit may be renewed for additional

-66- periods in the same manner as for initial issuance. Where the duration of the permit exceeds thirty (30) calendar days the Special Permit Granting Authority shall require a bond or other security to ensure compliance with its conditions of authorization, unless, in a particular case, it specifically finds that such security is not warranted and so states in its decision, giving the reasons for its finding. Where the duration of the permit is thirty (30) calendar days or less, the Special Permit Granting Authority may, in its discretion, require such security as hereafter set forth for all special permits.

2. No transfer of any permit allowing earth removal operation shall be transferred without (a) fourteen (14) days prior written notice to the applicable Special Permit Granting Authority of the intent to transfer such permit, and (b) a bond and/or other collateral in an amount and type satisfactory to the Special Permit Granting Authority being provided to the Special Permit Granting Authority prior to such transfer.

7.4.12 Criteria. An earth removal operation deemed by the Special Permit Granting Authority to be in the best interest of the Town:

1. shall not be injurious or dangerous to the public health or safety;

2. shall not produce noise, dust, or other effects observable at the lot lines in amounts seriously objectionable or detrimental to the normal use of adjacent property;

3. shall not result in transportation of materials on ways giving access to the land in question which will cause traffic congestion or hazards;

4. shall not result in transportation which will cause undue injury to the roadway surfaces;

5. shall not result in change in topography and cover which will be disadvantageous to the most appropriate use of the land on which the operation is conducted;

6. shall not have a material adverse effect on the health or safety of persons living in the neighborhood or on the use or amenities of adjacent land;

7. shall not have a material adverse effect on the water quality of the Town's aquifers;

8. shall not result in an increase in runoff to the Town's drainage system or to additional runoff to adjacent lots.

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7.5 TELECOMMUNICATION TOWERS

7.5.1 Purpose. The purpose of this by-law is to regulate the placement, construction, and modification of towers and telecommunications facilities in order to protect the health, safety, and welfare of the public, while at the same time not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in the town. Specifically, the purposes of this by-law are:

1. To regulate the location of towers and telecommunications facilities in the town of Canton;

2. To protect residential areas and land uses from potential adverse impact of towers and telecommunications facilities;

3. To minimize adverse visual impact of towers and telecommunications facilities through careful design, siting, landscaping, and innovative camouflaging techniques;

4. To promote and encourage shared use/collocation of towers and antenna support structures as a primary option rather than construction of additional single-use towers;

5. To promote and encourage utilization of technological designs that will either eliminate or reduce the need for erection of new tower structures to support antenna and telecommunications facilities;

6. To avoid potential damage to property caused by towers and telecommunications facilities by ensuring such structures are soundly and carefully designed, constructed, modified, maintained, and removed when no longer used or are determined to be structurally unsound; and

7. To ensure that towers and telecommunications facilities are compatible with surrounding land uses.

7.5.2 Definitions. See Section 11, “Telecommunications Towers.”

7.5.3 Development of Towers. A Telecommunications Tower shall be a permitted use of land in the Industrial and Limited Industrial zoning districts. No person shall build, erect, or construct a Tower upon any parcel of land within a zoning district designated Industrial or Limited Industrial unless a special permit shall have been issued by the Zoning Board of Appeals. Application shall be made to the Zoning Board of Appeals as set forth herein.

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7.5.4 Application. An application to develop a tower shall include:

1. The name, address, and telephone number of the owner and lessee of the parcel of land upon which the tower is situated. If the applicant is not the owner of the parcel of land upon which the tower is situated, the written consent of the owner shall be evidenced in the application.

2. The legal description, assessors' map and lot number, and address of the parcel of land upon which the tower is situated.

3. The names, addresses, and telephone numbers of all owners of other towers or usable antenna support structures within a one-half (1/2) mile radius of the proposed new tower site, including town-owned property.

4. A locus plan at a scale of one inch equals 100 feet (1" = 100')

5. A Site Plan at a scale of one inch equals forty feet (1" = 40') which shall show all property lines, the exact location of the proposed structure, streets, landscape features, residential dwellings, all buildings within five hundred feet (500') of the facility and all abutters to the property.

6. A description of the design plan proposed by the applicant in the town. The Applicant must identify its utilization of the most recent technological design, including micro-cell design, as part of the design plan. The applicant must demonstrate the need for towers and why design alternatives, such as the use of micro-cell, cannot be utilized to accomplish the provision of the applicant's telecommunications services.

7. An affidavit attesting to the fact that the applicant made diligent, but unsuccessful, efforts to obtain permission to install or collocate the applicant's telecommunications facilities on town-owned towers or usable antenna support structures located within a one-half (1/2) mile radius of the proposed tower site.

8. An affidavit attesting to the fact that the applicant made diligent, but unsuccessful, efforts to install or collocate the applicant's telecommunications facilities on towers or usable antenna support structures owned by other persons located within a one-half (1/2) mile radius of the proposed tower site.

9. Written technical evidence from an engineer(s) that the proposed tower or telecommunications facilities cannot be installed or collocated on another person's tower or usable antenna support structures owned by other persons located within one-half (1/2) mile radius of the proposed tower site.

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10. A written statement from an engineer(s) that the construction and placement of the tower will not interfere with public safety communications and the usual and customary transmission or reception of radio, television, or other communications services enjoyed by adjacent residential and non-residential properties.

11. Written, technical evidence from an engineer(s) that the proposed structure meets the standards set forth in Section 7.5.6, "Structural Requirements," of this by-law.

12. Written, technical evidence from a qualified engineer(s) acceptable to the fire chief and the building commissioner that the proposed site of the tower or telecommunications facilities does not pose a risk of explosion, fire, or other danger to life or property due to its proximity to volatile, flammable, explosive, or hazardous materials such as LP gas, propane, gasoline, natural gas, or corrosive or other dangerous chemicals.

13. In order to assist town staff and the Planning and Zoning Board in evaluating visual impact, the applicant shall submit color photo simulations showing the proposed site of the tower with a photo-realistic representation of the proposed tower as it would appear viewed from the closest residential property and from adjacent roadways.

14. The Federal Telecommunications Act of 1996 gives the FCC sole jurisdiction of the field of regulation of RF emissions and does not allow the town to condition or deny on the basis of RF impacts the approval of any telecommunications facilities (whether mounted on towers or Antenna Support structures) which meet FCC standards. In order to provide information to its citizens, the town shall make available upon request copies of ongoing FCC information and RF emission standards for telecommunications facilities transmitting from towers or antenna support structures. Applicants shall be required to submit information on the proposed power density of their proposed telecommunications facilities and demonstrate how this meets FCC standards.

15. The Zoning Board of Appeals may require an applicant to supplement any information that it considers inadequate or that the applicant has failed to supply. The board of appeals may deny an application on the basis that the applicant has not satisfactorily supplied the information required in this subsection. Applications shall be reviewed by the board of appeals in a prompt manner and all decisions shall be supported in writing setting forth the reasons for approval or denial.

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16. A description of how the plan addresses any adverse impact that might occur as a result of approving the application.

17. A description of off-site or on-site factors which mitigate any adverse impacts which might occur as a result of the application.

18. A technical study that documents and supports the criteria submitted by the applicant upon which the application is based. The technical study shall be certified by an engineer and shall document the existence of the facts related to the proposed applications and its relationship to surrounding rights-of-way and properties

19. For a modification of the setback requirement, the application shall identify all parcels of land where the proposed tower could be located, attempts by the applicant to contract and negotiate an agreement for collocation, and the result of such attempts.

20. The Zoning Board of Appeals may require the application to be reviewed by an independent engineer under contract to the town to determine whether the antenna study supports the basis for the application requested. The cost of review by the town's engineer shall be reimbursed to the town by the applicant.

7.5.5 Setbacks. All towers shall be set back on all sides a distance not less than equal to the height of the tower. Setback requirements for towers shall be measured from the base of the Tower to the property line of the parcel of land on which it is located Setback requirements may be modified, as provided in Section 7.5.7, "Separation or Buffer Requirements" when placement of a Tower in a location which will reduce the visual impact can be accomplished. For example, adjacent to trees which may visually hide the Tower.

7.5.6 Structural Requirements. All towers must be designed and certified by an engineer to be structurally sound and, at minimum, in conformance with the State Building Code, and any other standards outlined in this by-law. All towers in operation shall be fixed to land.

7.5.7 Separation or Buffer Requirements. The separation distances between towers shall be measured by drawing or following a straight line between the base of the existing or approved structure and the proposed base, pursuant to a site plan of the proposed tower. Tower separation distances from residentially zoned lands shall be measured from the base of a tower to the closest point of residentially zoned property. The minimum tower separation distances from residentially zoned land and from other towers shall be calculated and applied irrespective of town jurisdictional boundaries.

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1. Towers shall be separated from all residentially zoned lands by a minimum of two hundred (200) feet or two hundred (200) percent of the height of the proposed Tower, whichever is greater.

2. Proposed towers must meet the following minimum separation requirements from existing towers or towers which have a development permit but are not yet constructed at the time a development permit is granted pursuant to this section.

a. Monopole tower structures shall be separated from all other towers, whether monopole, self-supporting lattice, or guyed, by a minimum of seven hundred and fifty (750) feet.

b. Self-supporting lattice or guyed tower structures shall be separated from all other self-supporting or guyed towers by a minimum of fifteen hundred (1500) feet.

c. Self-supporting lattice or guyed tower structures shall be separated from all monopole towers by a minimum of seven hundred and fifty (750) feet.

7.5.8 Towers; Height. Towers shall be permitted to a height of one hundred and twenty (120) feet Towers are exempt from the maximum height restrictions of the districts where located.

1. No new tower shall be built, constructed, or erected in the town unless the tower is capable of supporting another person's operating telecommunications facilities comparable in weight, size, and surface area to the telecommunications facilities installed by the applicant on the tower within six (6) months of the completion of the tower construction.

2. Towers shall be designed to accommodate the maximum number of users technologically possible. The intent of this requirement is to reduce the number of towers which will need to be sited in the town.

7.5.9 Method of Determining Tower Height. Measurement of tower height for the purpose of determining compliance with all requirements of this section shall include the tower structure itself, the base pad, and any other telecommunications facilities attached thereto which extend more than twenty (20) feet over the top of the tower structure itself. Tower height shall be measured from grade.

7.5.10 Illumination. Towers shall not be artificially lighted except as required by the Federal Aviation Administration (FAA). Upon commencement of construction of a

-72- tower, in cases where there are residential uses located within a distance which is three hundred (300) percent of the height of the tower from the tower and when required by federal law, dual mode lighting shall be requested from the FAA.

7.5.11 Exterior Finish. Towers not requiring FAA painting or marking shall have an exterior finish which enhances compatibility with adjacent land uses, as approved by the appropriate reviewing body.

7.5.12 Landscaping, Fencing and Signs. All landscaping on a parcel of land containing towers, antenna support structures, or telecommunications facilities shall be in accordance with the applicable landscaping requirements in the zoning district where the tower, antenna support structure, or telecommunications facilities are located. The town may require landscaping in order to enhance compatibility with adjacent land uses. Landscaping shall be installed on the outside of any fencing.

1. Fencing shall be provided to control access to the towers and shall be compatible with the landscape. So-called, razor wire is prohibited.

2. Signs shall be provided announcing "No Trespassing", and giving the name, address and telephone number of a person or persons to be contacted in case of emergency at any time of the day or night.

7.5.13 Access. A parcel of land upon which a tower is located must provide access to at least one (1) paved vehicular parking space on site.

7.5.14 Stealth Design. Insofar as it is practical so to do all applications for Telecommunications Facilities shall be on a Antenna Support Structure and shall be of Stealth Design.

7.5.15 Telecommunications Facilities on "Antenna Support Structures." Any telecommunications facilities which are not attached to a Tower may, by special permit, be permitted on any antenna support structure at least fifty (50) feet tall, regardless of the zoning restrictions applicable to the zoning district where the structure is located. Telecommunications facilities are prohibited on all other structures. The owner of such structure shall, by written certification to the board of appeals, establish the following at the time an application is submitted for such special permit:

1. That the height from grade of the telecommunications facilities shall not exceed the height from grade of the antenna support structure by more than twenty (20) feet;

2. That any telecommunications facilities and their appurtenances, located above the primary roof of an antenna support structure, are set back one (1) foot from

-73- the edge of the primary roof for each one (1) foot in height above the primary roof of the telecommunications facilities. This setback requirement shall not apply to telecommunications facilities and their appurtenances, located above the primary roof of an antenna support structure, if such facilities are appropriately screened from view through the use of panels, walls, fences, or other screening techniques approved by the town. Setback requirements shall not apply to stealth antennas which are mounted to the exterior of antenna support structures below the primary roof, but which do not protrude more than eighteen (18) inches from the side of such an antenna support structure.

7.5.16 Modification of Pre-Existing Towers.

1. A Tower existing prior to the effective date of this by-law, which was in compliance with the town's zoning regulations immediately prior to the effective date of this by-law, may continue in existence as a non-conforming structure. Such non-conforming Towers and Lattice Type Structures may be modified or demolished and rebuilt without complying with any of the additional requirements of this Section, except for Sections 7.5.7, "Separation or Buffer Requirements," 7.5.18, "Certification and Inspections," and 7.5.19, "Maintenance," provided:

a. The Tower or Lattice Type Structure is being modified or demolished and rebuilt for the sole purpose of accommodating, within six (6) months of the completion of the modification or rebuild, additional telecommunications facilities comparable in weight, size, and surface area to the discrete operating telecommunications facilities of any person currently installed on the tower.

b. An application for a special permit is made to the board of appeals which shall have the authority to issue a special permit after a formal hearing. The grant of a special permit pursuant to this section allowing the modification or demolition and rebuild of an existing non-conforming tower shall not be considered a determination that the modified or demolished and rebuilt tower is conforming.

c. The height of the modified or rebuilt Tower or Lattice Type Structure and telecommunications facilities attached thereto do not exceed the maximum height allowed under this by-law.

7.5.17 Non-conforming Structures. Except as provided in this section, a non- conforming structure or use may not be enlarged, increased in size, or discontinued in use for a period of more than one hundred eighty (180) days. This by-law shall not be interpreted to legalize any structure or use existing at the time this by-law is adopted

-74- which structure or use is in violation of the zoning by-law prior to enactment of this section.

7.5.18 Certifications and Inspections. All towers shall be certified by an engineer to be structurally sound and in conformance with the requirements of the state building code and all other construction standards set forth by federal, state and local state law. For new monopole towers, such certification shall be submitted with an application pursuant to

Section 5.54 of this by-law and every five (5) years thereafter. For existing monopole towers, certification shall be submitted within sixty (60) days of the effective date of this by-law and then every five (5) years thereafter. For new lattice or guyed towers, such certification shall be submitted with an application pursuant to Section 7.5.4 and every two (2) years thereafter. For existing lattice or guyed towers, certification shall be submitted within sixty (60) days of the effective date of this by-law and then every two (2) years thereafter. The tower owner may be required by the town to submit more frequent certifications should there be reason to believe that the structural and electrical integrity of the tower is jeopardized. The town or its agents shall have authority to enter onto the property upon which a Tower is located, between the inspections and certifications required above, to inspect the Tower for the purpose of determining whether it complies with the state building code and all other construction standards provided by federal state and local law. The town reserves the right to conduct such inspections at any time, upon reasonable notice to the tower owner. All expenses related to such inspections by the town shall be borne by the tower owner.

7.5.19 Maintenance. Tower owners shall at all times employ ordinary and reasonable care and shall install and maintain in use nothing less than commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public. Tower owners shall install and maintain towers, telecommunications facilities, wires, cables, fixtures, and other equipment in substantial compliance with the requirements of the National Electric Safety Code and all FCC, state, and local regulations, and in such manner that will not interfere with the use of other property. All towers, telecommunications facilities, and antenna support structures shall at all times be kept and maintained in good condition, order, and repair so that the same shall not menace or endanger the life or property of any person. All maintenance or construction of towers, telecommunications facilities, or antenna support structures shall be performed by licensed maintenance and construction personnel. All towers shall maintain compliance with current RF emission standards of the FCC. In the event that the use of a tower is discontinued by the tower owner, the tower owner shall provide written notice to the town of its intent to discontinue use and the date when the use shall be discontinued.

7.5.20 Criteria for Site Plan Approval and Special Permits. The Zoning Board of Appeals shall consider the following additional criteria:

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1. That the tower will be compatible with and not adversely impact the character and integrity of surrounding properties.

2. Off-site or on-site conditions exist which mitigate the adverse impacts, if any, created by the application.

3. In addition, the board may include conditions on the site where the tower is to be located if such conditions are necessary to preserve the character and integrity of the neighborhoods affected by the proposed tower and mitigate any adverse impacts which arise in connection with the approval of the application.

4. In the case of a requested modification to the setback requirement, Section 7.5.5, "Setbacks" that the setback requirement cannot be met on the parcel of land upon which the tower is proposed to be located and the alternative for the person is to locate the tower at another site which is closer in proximity to a residentially zoned land.

5. In the case of a request for modification to the separation and buffer requirements from other towers of Section 7.5.7, "Separation or Buffer Requirements," that the proposed site is zoned "Industrial" or "Limited Industrial" and the proposed site is at least double the minimum standard for separation from residentially zoned lands as provided for in Section 7.5.7.

6. In the case of a request for modification of the separation and buffer requirements from residentially zoned land of Section 7.5.7, if the person provides written technical evidence from an engineer(s) that the proposed tower and telecommunications facilities must be located at the proposed site in order to meet the coverage requirements of the applicant's wireless communications system and if the person is willing to create approved landscaping and other buffers to screen the tower from being visible to residentially zoned property.

7. In the case of a request for modification of the height limit for towers and telecommunications facilities or to the minimum height requirements for antenna support structures, that the modification is necessary to: (i) facilitate collocation of telecommunications facilities in order to avoid construction of a new tower; or (ii) to meet the coverage requirements of the applicant's wireless communications system, which requirements must be documented with written, technical evidence from an engineer(s) that demonstrates that the height of the proposed tower is the minimum height required to function satisfactorily, and no tower that is taller than such minimum height shall be approved.

7.5.21 Abandonment. If any tower shall cease to be used for a period of three hundred sixty five (365) consecutive days, the building commissioner shall notify the owner, with

-76- a copy to the applicant, that the site will be subject to a determination by the board of selectmen that such site has been abandoned. The owner shall have thirty (30) days from receipt of said notice to show, by a preponderance of the evidence, that the tower has been in use or under repair during the period. If the owner fails to show that the tower has been in use or under repair during the period, the board of selectmen shall issue a final determination of abandonment for the site. Upon issuance of the final determination of abandonment, the owner shall, within seventy-five (75) days, dismantle and remove the tower.

1. To secure the obligation set forth in this section, the applicant [and/or owner] shall post a bond in such amount as may be determined by the Board of Appeals at the time of its action on the application based on the then anticipated cost of removal of the tower.

7.6 WIND ENERGY

7.6.1 Purpose. The purpose of this Section is

1. to provide by special permit for the construction and operation of wind facilities; 2. to provide standards for the placement, design, construction, monitoring, modification and removal of wind facilities that address public safety, minimize impacts on scenic, natural and historic resources of the city or town; and

3. provide adequate financial assurance for decommissioning.

7.6.2 Applicability. This Section applies to all utility-scale and on-site wind facilities proposed to be constructed after the effective date of this section. It does not apply to single stand-alone turbines under sixty (60) kilowatts of rated nameplate capacity. Any physical modifications to existing wind facilities that materially alters the type or increases the size of such facilities or other equipment shall require a special permit. Wind monitoring devices for non-commercial use which are not more than forty (40) feet in height shall be exempt from this Section.

1. The construction of a wind facility shall be permitted in any zoning district subject to the issuance of a special permit and provided that the use complies with all requirements set forth in this Section. All such wind energy facilities shall be constructed and operated in a manner that minimizes any adverse safety and environmental impacts.

2. Wind monitoring or meteorological towers shall be permitted in all zoning districts subject to issuance of a building permit for a temporary structure and subject to reasonable regulations concerning the bulk and height of structures and

-77- determining yard-size, lot area, setbacks, open space, parking, and building coverage requirements

7.6.3 Definitions. See section 11, “Wind Energy.”

7.6.4 Special Permit Required. No wind facility over sixty (60) kilowatts of rated nameplate capacity shall be erected, constructed, installed or modified as provided in this section without first obtaining a special permit. The Special Permit Granting Authority shall be the Zoning Board of Appeals.

7.6.5 Compliance with Laws, Ordinances and Regulations. The construction and operation of all such proposed wind facilities shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable safety, construction, environmental, electrical, communications and aviation requirements.

7.6.6 Application Process and Requirements. An application for a wind facility shall be filed in accordance with the rules and regulations of the Board of Appeals. Each application for a special permit shall be filed by the applicant with the Town Clerk. The applicant shall provide the Board of Appeals with five (5) copies of the application. All plans and maps shall be prepared, stamped and signed by a professional engineer licensed to practice in Massachusetts. Included in the application shall be:

1. Name, address, phone number and signature of the applicant or his agent, as well as all co-applicants or property owners or their agents, if any.

2. The name, contact information and signature of any agents representing the applicant.

3. Documentation of the legal right to use the wind facility site.

4. The applicant shall fully comply with all the requirements of Section 10.5 of this By-law regarding site plan approval.

5. If required under this Section, the applicant will provide with the application a description of financial surety and certification of height approval from the FAA.

6. The applicant shall be required to provide evidence of liability insurance in an amount and for a duration sufficient to cover loss or damage to persons and structures occasioned by the failure of the facility. The applicant shall also

-78- provide a form of security through bond or otherwise to cover the cost of the Town enforcing any provisions of the special permit.

7.6.7 Site Control. At the time of its application for a special permit, the applicant shall submit documentation of actual or prospective control of the project site sufficient to allow for installation and use of the proposed facility. Documentation shall also include proof of control over setback areas and access roads, if required. Control shall mean the legal authority to prevent the use or construction of any structure for human habitation within the setback areas.

7.6.8 Height. Wind facilities shall be no higher than two hundred fifty (250) feet above the current grade of the land, provided that the Board of Appeals may allow wind facilities to exceed two hundred fifty (250) feet if:

1. the applicant demonstrates by substantial evidence that such height reflects industry standards for a similarly sited wind facility;

2. Such excess height is necessary to prevent financial hardship to the applicant; and

3. the facility satisfies all other criteria for the granting of a special permit under the provisions of this Section.

7.6.9 Setbacks. Wind turbines shall be set back a distance equal to 1.0 times the overall blade tip height of the wind turbine from the nearest existing residential or commercial structure and one hundred (100) feet from the nearest property line and private or public way. The Zoning Board of Appeals has specific authority to determine the number of wind facilities that may be located on any one site and the distance away from one another in order to assure public safety and minimal impact on the environment. The Board of Appeals may reduce the minimum setback distance as appropriate based on site-specific considerations if the project satisfies all other criteria for the granting of a special permit under the provisions of this Section.

7.6.10 Design Standards.

1. Color and Finish. The Board of Appeals shall have discretion over the turbine color, although a neutral, non-reflective exterior color designed to blend with the surrounding environment is encouraged.

2. Lighting. Wind turbines shall be lighted only if required by the Federal Aviation Administration. Lighting of other parts of the wind facility, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting properties.

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3. Signage. Signs on the wind facility shall comply with the requirements of the town sign regulations

4. Advertising. Wind turbines shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the wind energy facility.

5. Utility Connections. Reasonable efforts shall be made to locate utility connections from the wind facility underground, depending on appropriate soil conditions, shape, and topography of the site and any requirements of the utility provider. Electrical transformers for utility interconnections may be above ground if required by the utility provider.

6. Appurtenant Structures. All appurtenant structures to such wind facilities shall be subject to reasonable regulations concerning the bulk and height of structures and determining yard sizes, lot area, setbacks, open space, parking and building coverage requirements. All such appurtenant structures, including but not limited to, equipment shelters, storage facilities, transformers, and substations, shall be architecturally compatible with each other and shall be contained within the turbine tower whenever technically and economically feasible. Structures shall only be used for housing of equipment for this particular site. Whenever reasonable, structures should be shaded from view by vegetation and/or located in an underground vault and joined or clustered to avoid adverse visual impacts.

7. Support Towers. Monopole towers are the preferred type of support for the Wind Facilities.

7.6.11 Safety, Aesthetic and Environmental Standards.

1. Emergency Services. The applicant shall provide a copy of the project summary and site plan to the local emergency services entity, as designated by the Board of Appeals. Upon request the applicant shall cooperate with local emergency services in developing an emergency response plan.

2. Unauthorized Access. Wind turbines or other structures which are part of a wind facility shall be designed to prevent unauthorized access.

3. Noise. The wind facility and associated equipment shall conform with the provisions of the Department of Environmental Protection’s Division of Air Quality Noise Regulations (310 CMR 7.10), unless the Department and the Board of Appeals agree that those provisions shall not be applicable. A source of sound

-80- will be considered to be violating these regulations if the source increases the broadband sound level by more than 10 dB(A) above ambient. These criteria are measured both at the property line and at the nearest inhabited residence. Ambient is defined as the background A-weighted sound level that is exceeded 90% of the time measured during equipment hours. The ambient may also be established by other means with consent from the Department of Environmental Protection (DEP). An analysis prepared by a qualified engineer shall be presented to demonstrate compliance with these noise standards if required by the Board of Appeals. The Board of Appeals, in consultation with DEP, shall determine whether such violations shall be measured at the property line or at the nearest inhabited residence.

4. Land Clearing, Soil Erosion and Habitat Impacts. Clearing of natural vegetation shall be limited to that which is necessary for the construction, operation and maintenance of the wind facility and is otherwise prescribed by applicable laws, regulations, and ordinances.

7.6.12 Decision. No special permit shall be granted unless the Board of Appeals finds in writing that:

1. the specific site is an appropriate location for such use;

2. the use is not expected to adversely affect the neighborhood;

3. there is not expected to be any serious hazard to pedestrians or vehicles from the use;

4. no nuisance is expected to be created by the use; and

5. adequate and appropriate facilities will be provided for the proper operation of the use.

Such permits may also impose reasonable conditions and safeguards and may require the applicant to implement all reasonable measures to mitigate unforeseen adverse impacts of the wind facility, should they occur.

7.6.13 Monitoring and Maintenance. The applicant shall maintain the wind facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. Site access shall be maintained to a level acceptable to the local Fire Chief and Emergency Medical Services. The project owner shall be responsible for the cost of maintaining the wind facility and any access road, unless accepted as a public way, and the cost of repairing any damage occurring as a result of operation and construction. The applicant shall provide to the Canton Building

-81- Commissioner for his or her review every five (5) years a report signed by a structural engineer as to the current structural soundness and condition of the wind energy structure or structures.

7.6.14 Modifications. All material modifications to a wind facility made after issuance of the special permit shall require approval by the Board of Appeals as provided in this Section.

7.6.15 Decommissioning. Any wind facility which has reached the end of its useful life or has been abandoned shall be removed. When the wind facility is scheduled to be decommissioned, the applicant shall notify the town by certified mail of the proposed date of discontinued operations and plans for removal. The owner/operator shall physically remove the wind facility no more than one hundred fifty (150) days after the date of discontinued operations. At the time of removal, the wind facility site shall be restored to the state it was in before the facility was constructed or any other legally authorized use. More specifically, decommissioning shall consist of:

1. Physical removal of all wind turbines, structures, equipment, security barriers and transmission lines from the site.

2. Disposal of all solid and hazardous waste in accordance with local and state waste disposal regulations.

3. Stabilization or re-vegetation of the site as necessary to minimize erosion. The special permit granting authority may allow the owner to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.

7.6.16 Abandonment. Absent notice of a proposed date of decommissioning, the facility shall be considered abandoned when the facility fails to operate for more than one year without the written consent of the Board of Appeals. The Board of Appeals shall determine in its decision what proportion of the facility is inoperable for the facility to be considered abandoned. If the applicant fails to remove the wind facility in accordance with the requirements of this section within one hundred fifty (150) days of abandonment or the proposed date of decommissioning, the town shall have the authority to enter the property and physically remove the facility.

7.6.17 Financial Surety. The Board of Appeals may require the applicant for utility scale wind facilities to provide a form of surety through a bond or otherwise to cover the cost of removal in the event the town must remove the facility. The amount of said surety shall be determined by the Board of Appeals, but in no event shall the amount exceed more than one hundred twenty five (125) percent of the cost of removal and compliance with the additional requirements set forth herein, as determined by the

-82- applicant. Such surety will not be required for municipally or state-owned facilities. The applicant shall submit a fully inclusive estimate of the costs associated with removal, prepared by a qualified engineer. The amount shall include a mechanism for Cost of Living Adjustment.

7.6.18 Term of Special Permit. A special permit issued for a wind facility shall be valid for twenty five (25 years), unless extended or renewed. The time period may be extended or the permit renewed by the Board of Appeals upon satisfactory operation of the facility. Request for renewal must be submitted at least sixty (60) days prior to expiration of the special permit. Submitting a renewal request shall allow for continued operation of the facility until the Board of Appeals acts. At the end of that period (including extensions and renewals), the wind facility shall be removed as required by this section.

1. The applicant or facility owner shall maintain a phone number and identify a responsible person for the public to contact with inquiries and complaints throughout the life of the project.

7.7 SPECIAL REQUIREMENTS FOR REGISTERED MARIJUANA DISPENSARIES

7.7.1 Purposes

1. To provide for the establishment of Registered Marijuana Dispensaries (“RMDs” in appropriate places and under strict conditions in accordance with Chapter 369 of the Acts of 2012, An Act For The Humanitarian Medical Use of Marijuana (the “Act”) and 105 CMR 725.00 et seq. (the “Regulations”).

2. To minimize the adverse impacts of RMDs on adjacent properties, residential neighborhoods, schools and other places where children congregate, local historic districts, and other land uses potentially incompatible with said Facilities.

3. To regulate the siting, design, placement, security, safety, monitoring, modification, and removal of RMDs.

7.7.2 Applicability

1. The commercial cultivation, production, processing, assembly, packaging, retail or wholesale sale, trade, distribution or dispensing of Marijuana for Medical Use is prohibited unless permitted as a RMD under this Section 7.7.

2. No RMD shall be established except in compliance with provisions of this

Section 7.7.

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3. Nothing in this Section 7.7 shall be construed to supersede federal and/or state laws governing the sale and/or distribution of marijuana.

4. If any provision of this Section 7.7 or the application of any such provision to any person or circumstance shall be held invalid, the remainder of this Section 7.7, to the extent it can be given effect, or the application of those provisions to persons or circumstances other than those to which it is held invalid, shall not be affected thereby, and to this end the provisions of this Section 7.7 are severable.

7.7.3 Definitions. Registered Marijuana Dispensary shall mean a “Medical marijuana treatment center” to mean a not-for-profit entity, as defined by Massachusetts law only, registered under the Act and Regulations, that acquires, cultivates, possesses, processes (including development of related products such as food, 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 caregivers. Marijuana for Medical Use shall mean Marijuana that is designated and restricted for use by, and for the benefit of, Qualifying Patients in the treatment of Debilitating Medical Conditions as set forth in the Act and Regulations.

Marijuana is the substance defined as “marihuana” under Chapter 94C of the Massachusetts General Laws.

7.7.4 Eligible Locations for Medical Marijuana Facilities.

1. Registered Marijuana Dispensaries may be allowed by Special Permit from the Canton Zoning Board of Appeals as Special Permit Granting Authority (“SPGA”) in the Industrial Zoning District provided the facility meets the requirements of this Section 7.7.

7.7.5 General Requirements and Conditions for all Registered Marijuana Dispensaries

1. All RMDs shall be contained within a building or structure.

2. No RMD shall have a gross floor area of less than 2,500 square feet or in excess of 20,000 square feet.

3. An RMD shall not be located in a building that contains any medical doctors offices or the offices of any other professional practitioner authorized to prescribe the use of medical marijuana.

4. The hours of operation of an RMD shall be set by the Special Permit Granting Authority, but in no event shall said RMD to open and/or operating between the hours of 8:00 PM and 8:00 AM.

5. No RMD shall be located on a lot which abuts a residential zoning district or within 500 feet from any residential zone or district, or residential

-84- development. No RMD may be located 500 feet from any public or private school; house of worship; day care center; or park, playground, playfield or recreation facility or other facility in which children commonly congregate.

6. No smoking, burning or consumption of any product containing marijuana or marijuana-related products shall be permitted on the premises of an RMD.

7. No RMD shall be located inside a building containing residential units, including without limitation transient housing such as motels and dormitories, or inside a movable or mobile structure such as a van or truck.

8. Signage for the RMD shall include the following language: “Registration card issued by the MA Department of Public Health required.” The required text shall be a minimum of two inches in height.

9. RMDs shall provide the Canton Police Department, Fire Department, Building Commissioner and the Special Permit Granting Authority with the names, phone numbers and email addresses of all management staff and key holders who can be contacted if there are operating problems associated with the establishment.

7.7.6 Special Permit Requirements

1. An RMD shall only be allowed by special permit from the Zoning Board of Appeals as Special Permit Granting Authority in accordance with G.L. c. 40A, §9, subject to the following requirements, conditions and limitations.

2. A special permit for an RMD shall be limited to one or more of the following uses that shall be prescribed by the Special Permit Granting Authority: cultivation of Marijuana for Medical Use (horticulture) processing and packaging of Marijuana for Medical Use, including Marijuana that is in the form of smoking materials, food products, oils, aerosols, ointments, and other products; retail sale or distribution of Marijuana for Medical Use to Qualifying Patients;

3. In addition to the application requirements set forth in this Section 7.7 a special permit application for an RMD shall include the following: a. The name and address of each owner of the RMD; b. Copies of all required licenses and permits issued to the applicant by the Commonwealth of Massachusetts and any of its agencies for the RMD; c. Evidence of the Applicant’s right to use the site for the RMD, such as a deed, or lease; d. If the Applicant is a business organization, a statement under oath disclosing all of its owners, shareholders, partners, members, managers, directors, officers, or other similarly-situated individuals and entities and their addresses. If any of the above entities rather than

-85- persons, the Applicant must disclose the identity of the owners of such entities until the disclosure contains the names and individuals; e. A certified list of all parties in interest entitled to notice of the hearing for the special permit application, taken from the most recent tax list of the Town and certified by the Town Assessor; f. Proposed security measures for the RMD, including lighting, fencing, gates and alarms, etc., to ensure the safety of persons and to protect the premises from theft.

4. Mandatory Findings. The Special Permit Authority shall not issue a special permit for an RMD unless it finds that: the Facility is designed to minimize any adverse visual or economic impacts on abutters and other parties in interest, as defined in G.L. c. 40A, §11; the Facility demonstrates that it will meet all the permitting requirements of all applicable agencies within the Commonwealth of Massachusetts and will be in compliance with all applicable state laws and regulations; and the applicant has satisfied all of the conditions and requirements of this Section 7.7;

5. Annual Reporting. Each RMD permitted under this Bylaw shall as a condition of its special permit file an annual report with the Special Permit Granting Authority and the Town Clerk no later than January 31st, providing a copy of all current applicable state licenses for the Facility and/or its owners and demonstrate continued compliance with the conditions of the Special Permit and appear before the SPGA if requested by the SPGA.

6. A special permit granted under this Section shall have a term limited to the duration of the applicant’s ownership of the premises as an RMD. A special permit may be transferred only with the approval of the Special Permit Granting Authority in the form of an amendment to the special permit with all information required in this Section 7.7.

7. The applicant shall post a bond before issuance of a building permit to cover costs for the removal of the RMD in the event the Town must remove the RMD. The value of the bond shall be based upon the ability to completely remove all the items associated with the RMD and properly clean the facility at prevailing wages. The value of the bond shall be developed based upon the applicant providing the SPGA with three (3) written bids to meet the noted requirements. An incentive factor of 1.5 shall be applied to all bonds to ensure compliance and adequate funds for the Town to remove the RMD at prevailing wages.

7.7.7 Abandonment or Discontinuance of Use

1. A Special Permit shall lapse if not exercised within one year of issuance.

2. An RMD shall be required to remove all material, plants equipment and other paraphernalia: prior to surrendering its state issued licenses or permits; or within six months of ceasing operations; whichever comes first.

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7.7.8 Hardship Cultivation of Marijuana

1. The hardship cultivation of marijuana under a hardship registration in any zoning district shall occur only in compliance with all of the requirements of 105 CMR 725.035.

2. Cultivation and storage of marijuana under a hardship regulation shall occur only in the primary residence of the registered qualifying patient or personal caregiver;

3. Cultivation and storage of marijuana under a hardship regulation shall not occur in any accessory building or in the yard or other area outside the primary residence of the registered qualifying patient or personal caregiver;

4. Cultivation and storage of marijuana under a hardship regulation shall be in an enclosed, locked, indoor area accessible only to the registered qualifying patient or his or her personal caregiver(s);.

5. The hardship cultivation and storage of marijuana shall not be visible or otherwise perceptible from the street or other public areas, including without limitation: a. Visual observation; b. Noise in excess of the maximum noise level permissible pursuant to applicable law; c. Smell or odor.

6. The hardship cultivation of marijuana under a hardship registration in any zoning district shall occur only in compliance with all applicable building, sanitary and safety codes and shall be conducted in a safe manner that does not endanger the public health, safety or welfare or create a risk of fire or public nuisance.

7. The hardship cultivation of marijuana under a hardship registration in any zoning district shall not occur within the common area of any multifamily residential use.

8. The Building Inspector as Zoning Enforcement Officer may inspect the cultivation and/or storage site of a registered qualifying patient with a hardship cultivation registration, or the cultivation site of his or her personal caregiver(s), at any time. Acceptance of a hardship cultivation registration by a registered qualifying patient constitutes consent for such inspection of the cultivation and/or storage site.

9. All registered qualifying patients or their personal caregivers shall provide annual written notice to the Building Inspector that they are engaged in the hardship cultivation of marijuana. Such written notice shall state the address at which the hardship cultivation or storage of marijuana is occurring and the specific enclosed, locked area accessible only to the registered qualifying patient or his or her personal caregiver(s) in which the hardship cultivation or storage of marijuana is occurring. 10.

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