We don't yet know if site 1 will fall under the ne
Post# of 56323
Posted On: 10/25/2014 10:34:06 AM
We don't yet know if site 1 will fall under the new zoning amendments until they are voted on. Those sites, potentially site 1, that do not fall under the new amendments fall under site specific. In case you are not aware, the value added attached to site 1 by the towns definition (you can find it on their bylaws) means not only processing but packaging and shipping. They can currently grow as much as they like on site 1 but are limited as to the processing size area. If site 1 is not included under the medical mj amendments the zoning amendment application will be the process they must go through to have the size restriction under value added removed.
Since this zoning was in place prior to HC granting the license, the lawful nonconforming does not apply to this site simply because the zoning preexisted the activity. On any other piece of land the preexisting activity would overrule the absence of restrctions. All of the arguments pertaining to lawful non conforming are moot in the absence of HC granting the license before the amendments are adopted.
Since this zoning was in place prior to HC granting the license, the lawful nonconforming does not apply to this site simply because the zoning preexisted the activity. On any other piece of land the preexisting activity would overrule the absence of restrctions. All of the arguments pertaining to lawful non conforming are moot in the absence of HC granting the license before the amendments are adopted.
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