LACONIA — With little discussion the Planning Board last night unanimously recommended a zoning ordinance that would restrict facilities dispensing, growing and processing marijuana for medicinal purposes — "Alternative Treatment Centers" or ATCs — to three industrial districts, as recommended by the Zoning Task Force.
The initiative now goes to City Council for final approval.
The New Hampshire Department of Health and Human Services (DHHS) will select, license and regulate the nonprofit corporations owning and operating the ATCs. DHHS has received 14 applications to operate ATCs in four geographic zones, one of which consists of Belknap, Strafford and Rockingham counties. At least one application has been received for each of the four geographic areas, but DHHS has declined to specify either how many applications were submitted for each area or where within each area applicants propose to operate. However, where such facilities operate are questions for municipalities to address through their zoning ordinances.
The Zoning Task Force has recommended that rather than propose different zoning regulations for dispensing, cultivating and processing, the same regulation should apply to all three. The ordinance would confine ATCs to the Industrial Park, Industrial and Airport Industrial Districts and prohibited elsewhere. The Industrial Park District refers to the O'Shea Industrial Park on Lexington Drive. There are three Industrial Districts in downtown, two beyond the south end and another near the north end of Union Avenue. The Airport Industrial District lies east of White Oaks Road and borders the Gilford town line.
ATCs would be prohibited in residential districts and within 1,000 feet of schools, daycare centers and places of worship. The dispensaries would be allowed to operate between 7 a.m. and 7 p.m. All facilities must be fitted with security alarms and cameras, operating around the clock and connected to the Police Department and an alarm monitoring company.
Corporations seeking to operate in the city would require a conditional use permit as well as an approved site plan. A conditional use permit requires an applicant to demonstrate that the use will not endanger the health or safety of the public, substantially diminish the value of nearby properties, adversely impact vehicular or pedestrian safety, not impair natural resources or necessitate excessive public expenditures. The use must also be compatible with the neighborhood and the uses of adjacent properties. In addition, any signage must comply with the relevant regulations.
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