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Apple Valley City Zoning Code

CANNABIS BUSINESSES

HEMP BUSINESSES, AND TEMPORARY CANNABIS EVENTS

§ 155.320 CANNABIS BUSINESSES, HEMP BUSINESSES, AND TEMPORARY EVENTS.

   (A)   Purpose. The purpose of this section is to regulate the time, place, and manner of the operation of cannabis businesses, hemp businesses, and temporary cannabis events as authorized by M.S. Chapter 342. The regulations set forth in this section further and promote the city's interests relative its purposes for zoning regulations as set forth in § 155.001 and to ensure compatibility of surrounding land uses.
   (B)   The definitions of words and phrases contained in M.S. § 342.01 and the Rules promulgated by the Office of Cannabis Management shall apply to this section unless defined differently herein. The following words and phrases shall have the meanings stated:
      CANNABIS CULTIVATION and CULTIVATE CANNABIS. Growing cannabis plants from seed or immature plant to mature plant, harvesting cannabis flower from mature plant, packaging and labeling immature plants and seedlings and cannabis flower for sale to other cannabis businesses, transporting cannabis flower to a cannabis manufacturer located on the same premises, and performing other actions approved by the Office of Cannabis Management.
      CANNABIS CULTIVATOR. A business that cultivates cannabis and packages cannabis for sale to another cannabis business.
      CANNABIS DELIVERY SERVICE. A business that purchases cannabis flower, cannabis products, and hemp products from cannabis retailers or cannabis businesses with a retail endorsement for the purpose of transport and delivery to customers.
      CANNABIS EVENT ORGANIZER. A person or entity who organizes or operates temporary cannabis events.
      CANNABIS MANUFACTURER. A business manufacturing and/or packaging cannabis products and hemp products for sale to a cannabis retailer.
      CANNABIS MEZZOBUSINESS. A business that may cultivate cannabis and manufacture cannabis products and hemp products and package such products for sale to customers or another licensed business, and that may operate up to three retail locations with a retail operations endorsement.
      CANNABIS MICROBUSINESS. A business that may cultivate cannabis and manufacture cannabis products and hemp products and package such products for sale to customers or another licensed business, and that may operate a single retail location with a retail operations endorsement.
      CANNABIS RETAIL BUSINESS. A business that is licensed or required to be licensed by the State of Minnesota as a cannabis retailer, cannabis mezzobusiness with retail operations endorsement, cannabis microbusiness with retail operations endorsement, or medical cannabis combination business operating a retail location.
      CANNABIS RETAILER. A business that sells immature cannabis plants and seedlings, cannabis flower, cannabis products, hemp products, and other products authorized by law to customers and patients, including a cannabis microbusiness with a retail operations endorsement, cannabis mezzobusiness with a retail operations endorsement, and medical cannabis combination business to the extent it is engaged in retail sales exclusively at a location off-site of its cultivation or manufacturing operations, selling only its cultivated cannabis or manufactured cannabis products.
      CANNABIS TESTING FACILITY. A business that obtains and tests immature cannabis plants and seedlings, cannabis flower, cannabis products, and hemp products.
      CANNABIS TRANSPORTER. A business that transports immature cannabis plants and seedlings, cannabis flower, cannabis products, and hemp products to licensed cannabis businesses.
      CANNABIS WHOLESALER. A business that purchases and/or sells immature cannabis plants and seedlings, cannabis flower, cannabis products, and hemp products from another licensed cannabis business, and/or imports hemp-derived consumer products and lower-potency hemp edibles.
      HEMP RETAIL BUSINESS. A business that is licensed or required to be licensed by the State of Minnesota as a lower-potency hemp edible retailer.
      LOWER-POTENCY HEMP EDIBLE MANUFACTURER. A business that manufacturers and packages lower-potency hemp edibles for consumer sale, and/or sells hemp concentrate and lower-potency hemp edibles to other cannabis businesses and hemp businesses.
      LOWER-POTENCY HEMP EDIBLE RETAILER. A business that sells lower-potency hemp edibles to customers.
      MEDICAL CANNABIS COMBINATION BUSINESS. A business that cultivates cannabis and manufactures cannabis and hemp products, and packages such products for sale to customers, patients, or other licensed cannabis businesses, and may operate one retail location per congressional district.
      TEMPORARY CANNABIS EVENT. An event lasting no more than four days at which cannabis products, cannabis flower, lower-potency hemp edibles, and hemp-derived consumer products may be sold and consumed and for which the organizer has a cannabis event organizer license issued by the Office of Cannabis Management.
   (C)   Zoning. The operation of a cannabis business, a hemp business, and a temporary cannabis event, as the terms are defined herein, shall be limited to property zoned for commercial, industrial, and agricultural uses as specifically set forth below for each type of cannabis business and hemp business:
Guiding
Commercial
Industrial
PD
Zoning District
NCC
LB
GB
RB
SC
VB
BP
I-1
I-2
PD
AG
Guiding
Commercial
Industrial
PD
Zoning District
NCC
LB
GB
RB
SC
VB
BP
I-1
I-2
PD
AG
Cannabis Retailer
P
 
 
P
P
P
 
 
 
PD-R
 
Cannabis Microbusiness
 
 
 
 
 
 
P*
P*
P*
 
 
Cannabis Mezzobusiness
 
 
 
 
 
 
P*
P*
P*
 
 
Cannabis Cultivator (indoor only)
 
 
 
 
 
 
P
P
P
 
 
Cannabis Cultivator (outdoor)
 
 
 
 
 
 
P
P
P
 
P
Cannabis Manufacturer
 
 
 
 
 
 
P
P
P
 
 
Cannabis Wholesaler
 
 
 
 
 
 
P
P
P
 
 
Cannabis Transporter
 
 
 
 
 
 
P
P
P
 
 
Cannabis Testing Facility
 
 
 
 
 
 
P
P
P
 
 
Cannabis Event Organizer Temporary Event
P
 
 
P
P
P
 
 
 
 
 
Cannabis Delivery Service
P
 
 
P
P
P
P*
P*
P*
 
 
Medical Cannabis Combination Business (retail location only)
P
 
 
P
P
P
 
 
 
PD-R
 
Medical Cannabis Combination Business (cultivation and processing)
 
 
 
 
 
 
P*
P*
P*
 
 
Lower-potency hemp edible manufacturer
 
 
 
 
 
 
P*
P*
P*
 
 
Lower-potency hemp edible retailer
P
P
P
P
P
P
 
 
 
PD-R
 
*   Retail sale of its cultivated cannabis or manufactured cannabis products is a permitted accessory use, provided the business has retail operation endorsement under its state license and shall be subject to the accessory retail sales regulations for the applicable zoning district regulations as set forth elsewhere in this chapter.
Note: “P” means Permitted; and “PD-R” means Permitted in Planned Development districts (or zones therein) that permit freestanding or multi-tenant retail building stores and shops.
 
   (D)   Cannabis business and hemp business regulations and performance standards.
      (1)   Minnesota state license required. It is unlawful for any person or legal entity to operate or permit the operation of a cannabis business or hemp business without first obtaining, and having in effect, a license from the Office of Cannabis Management for the cannabis business or hemp business operated. Notwithstanding the foregoing, a cannabis business with license preapproval from the Office of Cannabis Management may cultivate cannabis in accordance with the preapproval and state law.
      (2)   City registration required. Cannabis retail businesses and hemp retail businesses shall register with the city as required in Title XI of this Code.
      (3)   Buffers. Cannabis businesses shall not be located within:
         (a)   One thousand feet of an elementary or secondary school (K-12 grades);
         (b)   Five hundred feet of a state licensed day care center, including preschool programs, state licensed residential treatment facility, or an attraction within a public park that is regularly used by minors, including a playground or athletic field; or
         (c)   One thousand feet of an existing lawful cannabis business, measured by a line from the nearest point on the property boundary line of the property on which the existing business is located to the nearest property boundary line of the property on which a business is proposed to be located.
         (d)   The setback buffers set forth in divisions (a) and (b) above do not apply to an existing licensed and registered cannabis retailer in operation if one of the setback special uses subsequently commences operation within the setback buffer area.
      (4)   Consumption or use of cannabis at or on the property of a cannabis business is prohibited except as follows:
         (a)   A cannabis microbusiness with an on-site consumption endorsement may permit on-site consumption of edible cannabis products and lower-potency hemp edibles in compliance with state law; and
         (b)   A cannabis business may permit on-site consumption of cannabis and hemp products by an employee in compliance with state law.
   (E)   Signage. Cannabis businesses and hemp businesses may have up to two outdoor signs fixed to the exterior of the building or upon the property of the business. The signage shall comply with the sign permit and regulations set forth in Chapter 154 of this Code. The signage shall not contain imagery as prohibited by, and shall be in accordance with, state statute.
   (F)   Minimum required off-street parking. Cannabis businesses and hemp businesses shall meet the minimum off-street parking requirements for the use (manufacturing, retail store, etc.) as set forth elsewhere in this chapter.
   (G)   Application of other zoning regulations. If not otherwise set forth specifically in this section, all zoning regulations in this chapter shall apply to cannabis businesses, hemp businesses and temporary cannabis events.
   (H)   Temporary cannabis event.
      (1)   Restrictions. A cannabis event organizer required to obtain a license from the state may host a temporary cannabis event provided the following requirements are met and the event complies with the requirements of a temporary outdoor event regulated elsewhere in this chapter:
         (a)   A temporary cannabis event may only occur in those zoning districts as set forth above in this section;
         (b)   The setback from any property line of any residential use or residential zoned property shall be no less than 200 feet and the setback for cannabis business as set forth elsewhere in this section shall apply to any temporary cannabis event;
         (c)   The event may last no longer than four days (96 hours); and
         (d)   Consumption or use of cannabis at or on the property of a temporary cannabis event is prohibited.
(Ord. 1131, passed 10-24-24)