Hamburg Town City Zoning Code
ARTICLE LIX
Adult-Use Cannabis
[Adopted 10-23-2023 by L.L. No. 7-2023]
§ 280-420 Authority.
This adult-use cannabis law is adopted pursuant to Article IX of the New York State Constitution § 2(c)(6) and (10), New York Statute of Local Governments, § 10(1) and (7), §§ 261 to 263 of the Town Law, and § 10 of the Municipal Home Rule Law of the State of New York, which authorize the Town to adopt zoning provisions that advance and protect the health, safety, and welfare of the community.
§ 280-421 Purpose.
This article is adopted to advance and protect the public health, safety, welfare, and quality of life of the Town of Hamburg by creating regulations for adult-use cannabis businesses, with the following objectives:
§ 280-422 Definitions.
As used in this article, the following terms shall have the meanings indicated:
An establishment which sells at retail any cannabis products, the sale of which requires a license issued by the New York State Cannabis Control Board.
A facility which has the primary purpose of providing recreational opportunities or services to children or adolescents, such as a day-care center, nursery school, public park, playground, swimming pool, or library.
An establishment which cultivates, processes, and distributes and/or sells at retail any cannabis products, which requires a license issued by the New York State Cannabis Control Board.
An establishment which sells at retail any cannabis products and allows on-site consumption of said cannabis products, which requires a license issued by the New York State Cannabis Control Board.
§ 280-423 Applicability.
The requirements of this article shall apply to all adult-use cannabis businesses permitted in the Town of Hamburg after the effective date of this article.
§ 280-424 Permitting requirements for adult-use cannabis retail dispensaries.
Adult-use cannabis retail dispensaries are permitted through the issuance of a special use permit in accordance with Article XI of this chapter within the General Commercial (C-2) District.
Applications for adult-use cannabis retail dispensaries shall follow the application procedure for special use permits set forth in § 280-313 of the Town Code.
Special use permit standards.
Setbacks. Adult-use cannabis retail dispensaries shall not be located:
Within 200 feet of a house of worship (if on the same road), as measured in a straight line from the center of the nearest entrance of such house of worship to the center of the nearest entrance of such adult-use cannabis retail dispensary.
Within 500 feet of school grounds (if on the same road), as measured in a straight line from the nearest point of such school grounds to the center of the nearest entrance of such adult-use cannabis retail dispensary.
Within 500 feet of a community facility (if on the same road), as measured in a straight line from the center of the nearest entrance of such community facility to the center of the nearest entrance of such adult-use cannabis retail dispensary.
All adult-use cannabis retail dispensaries must be located within a fully enclosed building. Sale of cannabis products via a walk-up window is prohibited.
Hours of operation. An adult-use cannabis retail dispensary may operate only between 8:00 a.m. and 10:00 p.m. on weekdays and Saturdays, and 12:00 noon and 9:00 p.m. on Sundays.
Security. The applicant must demonstrate that the appropriate measures are in place to protect employees, customers, and adjoining properties, including, but not necessarily limited to, the installation of cameras and exterior lighting (dark sky compliant).
§ 280-425 Permitting requirements for on-site cannabis consumption lounges.
On-site cannabis consumption lounges are not permitted in the Town of Hamburg.
§ 280-426 Permitting requirements for microbusinesses.
Microbusinesses are permitted through the issuance of a special use permit in accordance with Article XI of this chapter within the Light Industrial (M-2) District.
Applications for microbusinesses shall follow the application procedure for special use permits set forth in § 280-313 of the Town Code.
Special use permit standards.
Setbacks. Microbusinesses shall not be located:
Within 200 feet of a house of worship (if on the same road), as measured in a straight line from the center of the nearest entrance of such house of worship to the center of the nearest entrance of such microbusiness.
Within 500 feet of school grounds (if on the same road), as measured in a straight line from the nearest point of such school grounds to the center of the nearest entrance of such microbusiness.
Within 500 feet of a community facility (if on the same road), as measured in a straight line from the center of the nearest entrance of such community facility to the center of the nearest entrance of such microbusiness.
All microbusinesses must be located within a fully enclosed building. Sale of cannabis products via walk-up window is prohibited.
Hours of operation. A microbusiness may operate only between 8:00 a.m. and 10:00 p.m. on weekdays and Saturdays, and 12:00 noon and 9:00 p.m. on Sundays.
Security. The applicant must demonstrate that the appropriate measures are in place to protect employees, customers, and adjoining properties, including, but not necessarily limited to, the installation of cameras and exterior lighting (dark sky compliant).
§ 280-427 Enforcement.
Any violation of this article shall be subject to the same enforcement requirements, including the civil and criminal penalties, provided for in the zoning or land use regulations of the Town.
§ 280-428 Severability.
The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase of the aforementioned sections, as declared by the valid judgement of any court of competent jurisdiction to be unconstitutional, shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision, or phrase, which shall remain in full force and effect.