Horse Heads City Zoning Code
ARTICLE XVa
Cannabis Overlay District
§ 245-83.1 Purpose.
The purpose of the Cannabis Overlay District is to implement the provisions of the Marijuana Regulation and Taxation Act with respect to the location of an adult-use cannabis retail dispensary within the Village in order to ensure that such use is located in zones and subject to conditions that serve the public interests by minimizing the potential for adverse impacts on adjacent properties and neighborhoods and to designate specific areas in which adult-use cannabis retail dispensaries are a permitted principal use, in addition to any retail use otherwise allowed by the Village Zoning Law. The Cannabis Overlay District accommodates locating adult-use cannabis retail dispensaries in areas located near or adjacent to main vehicular traffic corridors and is intended to preclude the encroachment of adult-use cannabis retail dispensaries in residential, commercial, industrial districts and in planned unit developments.
§ 245-83.2 Cannabis Overlay District requirements.
This is an overlay district, as such the following requirements shall apply in addition to the requirements of the underlying zoning district, including, but not limited to, supplementary lot regulations and supplementary use regulations. All other requirements of the underlying zoning district remain applicable to the subject property.
B.
Signs. Signs are prohibited, except as permitted by law and by the Cannabis Control Board.
C.
Hours and days of operation. Adult-use cannabis retail dispensaries may only be open for retail sales during the following hours and days:
D.
Prohibited location. No adult-use cannabis retail dispensary may be located within 500 feet of school grounds as such term is defined in the New York State Education Law or within 200 feet of a house of worship. No adult-use cannabis retail dispensary shall be located within 200 feet from any other lot or parcel of land which has a residential zoning classification or a public park, day-care/child-care center or youth center.
E.
Inspections. Police officers and Code Enforcement Officer may inspect the premises and records of licensed operators as allowed by the law.
G.
License. Adult-use cannabis retail dispensaries may only be permitted on property located in the Cannabis Overlay District and upon successful application to the Office of Cannabis Management for a license.
H.
In the event the MRTA is amended the more restrictive of the state or Village regulations (as established in this chapter) shall apply.
I.
No adult-use cannabis retail dispensary shall be located within 1,500 feet of the property line of another adult-use cannabis retail dispensary, or other cannabis dispensing organization.
J.
No person under the age of 21 shall be allowed to enter an adult-use cannabis retail dispensary.
K.
No outdoor seating areas shall be permitted at an adult-use cannabis retail dispensary.
L.
No drive-through services or sales shall be permitted.
M.
Adult-use cannabis retail dispensaries shall operate in compliance with all state and local laws, rules and regulations including the MRTA and this chapter.
§ 245-83.3 Cannabis Overlay District designation; boundaries.
A.
The Cannabis Overlay District shall apply to all properties located within the District as designated below and on the Village of Horseheads Zoning Map and that meet the criteria contained in this chapter.
B.
The boundaries of the Cannabis Overlay District shall be identified on the official Village of Horseheads Zoning Map and are as follows: bounded on the east by Grand Central Avenue, bounded on the south by Chemung Street projected to the easterly line of New York State Route 14 (Westinghouse Road), bounded on the west by the easterly line of New York State Route 14 and bounded on the north by the southerly line of Interstate Route 86 (formerly NYS Route 17).
§ 245-83.4 Report of violations.
A.
Aggrieved residents may report any violation of this chapter to the Police Department, which shall maintain records of any reported violations.
B.
The Police Department shall report to the Village Clerk-Treasurer, in writing, all complaints of violations of this chapter, and the Village Clerk-Treasurer shall record the reports of such violations and promptly transmit copies of such reports to the Cannabis Control Board.
§ 245-83.5 Cannabis business establishments prohibited.
It shall be unlawful for any person to locate, operate, own, suffer, allow to be operated or abide, abet, or assist in the operation within the Village of Horseheads of an adult-use cannabis retail dispensary which has not been licensed by the Office of Cannabis Management. Operation of any such establishment within the Village is hereby declared to be a public nuisance and shall be abated pursuant to all available remedies.
§ 245-83.6 Penalties for offenses.
Any person, firm, partnership, association, corporation, company, entity or organization of any kind and any principal or agent thereof found guilty of violating any provision of this chapter, and the owner or any entity that owns or hold an interest in of any premises on which a violation is committed, shall be subject to penalties as provided in Village of Horseheads Local Law No. 1 of 2000, Village Code Chapter 1, General Provisions, Article II, General Penalty.
§ 245-83.7 Repealer.
Any local law, ordinance, or resolution of the Village in conflict herewith is hereby repealed to the extent of such conflict or inconsistency, except that this chapter shall not effect or prevent the prosecution or punishment of any person for any act done or committed in violation of any Local Law, ordinance, regulation or resolution hereby repealed prior to the effective date of this chapter.
§ 245-83.8 Severability.
In the event any clause, sentence, section or other part of this chapter shall be declared to be invalid, such invalidity shall not effect the remainder of this chapter.
§ 245-83.9 SEQRA determination.
It is hereby determined, pursuant to the provision of the State Environmental Quality Review Act, 8 NYECL, § 0101 et seq. and its implementing regulations, Part 617 6 NYCRR, and that the adoption of the local law is an unlisted action.
§ 245-83.10 When effective.
This chapter shall take effect immediately.