Hanford City Zoning Code
CHAPTER 17
69 COMMERCIAL CANNABIS-RELATED USES AND ACTIVITY
§ 17.69.010 Purpose.
The purpose of this chapter is to further fulfill the purposes and intents set forth in Title 5 of the Hanford Municipal Code. No person shall operate a commercial cannabis business without first obtaining a City commercial cannabis business permit and complying with all the requirements of Title 5 of the Hanford Municipal Code and complying with all applicable State law requirements including obtaining a business license or permit required by the State to operate a commercial cannabis business.
§ 17.69.020 Definitions.
Unless otherwise provided herein, the terms used in this chapter shall have the meanings ascribed to them in Title 5 of the Hanford Municipal Code.
§ 17.69.030 Location of commercial cannabis businesses-Storefront retail dispensaries.
Storefront retail dispensaries shall be a conditional use in the MX-D zone, subject to the following requirements:
A.
Storefront retail dispensaries shall be located no closer than 200 feet to any property zoned RL-5, RL-8, RL-12, R-M, R-H that is in existence at the time the application is submitted. If any part of an MX-D zoned parcel falls within the 200 foot radius from the above listed residentially zoned properties, then the entire parcel shall be excluded from allowing the commercial cannabis business.
B.
It shall be no closer than 600 feet to any portion of any parcel containing any of the following that is in existence at the time the application is submitted:
1.
A school (whether public, private, or charter; including pre-school, transitional kindergarten, and K-12);
2.
A daycare facility serving nine or more children and is licensed by the state;
3.
Any youth facility as defined in state of California Health and Safety Code Section 11353.1(e)(2). Youth Facility is further defined to mean any public or private facility that is primarily used to host recreation or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades where 10 or more video games or game machines or devices are operated, and where minors are legally permitted to conduct business, or similar amusement park facilities. It shall also include a park, playground or recreational area specifically designed to be used by children which has play equipment installed, including public grounds designed for athletic activities such as baseball, softball, soccer, or basketball or any similar facility located on a public or private school grounds, or on City, county or state parks. This definition shall not include any private commercial activity including martial arts, yoga, ballet, music or similar studio of this nature nor shall it include any private athletic training facility or pizza parlor, dentist office or doctor's office primarily serving children.
§ 17.69.040 Location of commercial cannabis businesses-Cultivation, dispensaries (non-storefront retail), microbusiness, manufacturing, testing facilities, distributors and transporting.
Commercial cannabis businesses, including those permitted to engage in cultivation, dispensaries (non-storefront retail), microbusiness, manufacturing, testing, distribution and transporting of cannabis and cannabis products shall be permitted only if all the following requirements are met:
A.
The commercial cannabis business, other than a storefront retail dispensary, must be located on property zoned as follows:
1.
Cannabis cultivation businesses must be located on property zoned I-H-Heavy Industrial District
2.
Cannabis manufacturing businesses must be located on property zoned I-H-Heavy Industrial District.
3.
Cannabis microbusinesses must be located on property zoned I-H-Heavy Industrial District
4.
Cannabis testing facilities must be located on property zoned I-H-Heavy Industrial District or I-L-Light Industrial District.
5.
Cannabis distribution businesses must be located on property zoned I-H-Heavy Industrial District or I-L-Light Industrial District.
B.
The property on which the commercial cannabis business is located must also meet all of the following distance requirements:
1.
It shall be no closer than 200 feet to any property zoned RL-5, RL-8, RL-12, R-M, R-H that is in existence at the time the application is submitted, including any legal nonconforming residential uses as of the date the commercial cannabis business permit is issued. If any part of an I-H zoned parcel falls within the 200 foot radius from residentially zoned properties within the City, then the entire parcel shall be excluded from allowing the commercial medical cannabis business.
2.
It shall be no closer than 600 feet from any portion of any parcel containing any of the following that is in existence at the time the application is submitted:
a.
A school (whether public, private, or charter; including pre-school, transitional kindergarten, and K-12);
b.
A daycare facility serving nine or more children and is licensed by the state;
c.
Any youth facility as defined in state of California Health and Safety Code Section 11353.1(e)(2). Youth facility is further defined to mean any public or private facility that is primarily used to host recreation or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades where 10 or more video games or game machines or devices are operated, and where minors are legally permitted to conduct business, or similar amusement park facilities. It shall also include a park, playground or recreational area specifically designed to be used by children which has play equipment installed, including public grounds designed for athletic activities such as baseball, softball, soccer, or basketball or any similar facility located on public or private school grounds, or on City, county or state parks. This definition shall not include any private commercial activity including martial arts, yoga, ballet, music or similar studio of this nature nor shall it include any private athletic training facility or pizza parlor, dentist office or doctor's office primarily serving children.
§ 17.69.050 Distances measured-Applicable properties.
The distance between parcels shall be the horizontal distance measured in a straight line from any property line of the sensitive use to the closest property line of the lot on which the commercial cannabis business is to be located, without regard to any intervening structures. The distance requirements in this chapter shall only be applicable with respect to properties located in the City's limits, unless otherwise required by state law. The distance requirements shall not be applicable with respect to any property located outside the City limits.
§ 17.69.060 Certification from the Community Development Director.
Prior to commencing operations, a commercial cannabis business must obtain a certification from the Community Planning Director or designee certifying that the business is located on a site that meets all the requirements of this title and Title 5.