It is the intent and purpose of this chapter to provide regulations regarding the cultivation, processing and dispensing of adult-use cannabis occurring within the corporate limits of the city. Such facilities shall comply with all regulations provided in the Cannabis Regulation and Tax Act (P.A. 101-0027) (Act), as it may be amended from time to time, and regulations promulgated there under, and the regulations provided below. In the event that the Act is amended, the more restrictive of the state or local regulations shall apply.

(Ord. 2019-12-10, passed 12-20-2019)

   Adult-use cannabis business establishment facilities, as defined herein, requiring approval of conditional use in the respective districts in which they are requested shall be processed in accordance with adult-use cannabis facility components as provided herein.

(Ord. 2019-12-10, passed 12-20-2019)

    In determining compliance with this chapter, the following components of the adult-use cannabis facility shall be evaluated based on the entirety of the circumstances affecting the particular property in the context of the existing and intended future use of the properties.

   (A)   Impact of the proposed facility on existing or planned uses located within the vicinity of the subject property;

   (B)   Proposed structure in which the facility will be located, including co-tenancy (if in a multi-tenant building), total square footage, security installations/security plan and building code compliance;

   (C)   Hours of operation and anticipated number of customers/employees;

   (D)   Anticipated parking demand as required by § 12-10-3 and available private parking supply;

   (E)   Anticipated traffic generation in the context of adjacent roadway capacity and access to such roadways;

   (F)   Site design, including access points and internal site circulation;

   (G)   Proposed signage plan;

   (H)   Compliance with all requirements provided in §§ 12-13-4 through 12-3-9 of this chapter, as applicable; and

   (I)   Other criteria determined to be necessary to assess compliance with this code.

(Ord. 2019-12-10, passed 12-20-2019)

   (A)   Facilities may not be located within 300 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

   (B)   Facilities may not be located within 300 feet of the property line of a pre-existing property zoned or used for residential purposes.

   (C)   Facilities may not conduct any sales or distribution of cannabis other than as authorized by the Act.

   (D)   For purposes of determining required parking, adult-use cannabis craft grower shall be classified as § 12-10-3, provided, however, that the city may require that additional parking be provided as a result of the analysis completed.

(Ord. 2019-12-10, passed 12-20-2019)

   (A)   Facilities may not be located within 300 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

   (B)   Facilities may not be located within 300 feet of the property line of a pre-existing property zoned or for residential purposes.

   (C)   Facilities may not conduct any sales or distribution of cannabis other than as authorized by the Act.

   (D)   For purposes of determining required parking, adult-use cannabis cultivation centers shall be classified as § 12-10-3, provided, however, that the city may require that additional parking be provided as a result of the analysis completed.

(Ord. 2019-12-10, passed 12-20-2019)

   (A)   Facilities may not be located within 300 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

   (B)   Facilities may not be located in a dwelling unit or within 250 feet of the property line of a pre-existing property zoned or used for residential purposes.

   (C)   At least 75% of the floor area of any tenant space occupied by a dispensing organization shall be devoted to the activities of the dispensing organization as authorized by the Act, and no dispensing organization shall also sell food for consumption on the premises other than as authorized in division (E) below in the same tenant space.

   (D)   Facilities may not conduct any sales or distribution of cannabis other than as authorized by the Act.

   (E)   For purposes of determining required parking, said facilities must meet the requirements of § 12-10-3(C)(2) of the city code, provided, however, that the city may require that additional parking be provided as a result of the analysis completed.

   (F)   Petitioner shall file an affidavit with the city affirming compliance with § 12-10-3(C)(2) as provided herein and all other requirements of the Act.

(Ord. 2019-12-10, passed 12-20-2019; Ord. 2021-05-03, passed 7-13-2021)

   In those zoning districts in which an adult-use cannabis infuser organization may be located, the proposed facility must comply with the following.

   (A)   Facilities may not be located within 300 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

   (B)   Facilities may not be located in a dwelling unit or within 250 feet of the property line of a pre-existing property zoned or used for residential purposes.

   (C)   At least 75% of the floor area of any tenant space occupied by an infusing organization shall be devoted to the activities of the infusing organization as authorized by the Act. Facilities may not conduct any sales or distribution of cannabis other than as authorized by the Act.

   (D)   For purposes of determining required parking, said facilities must meet the requirements of § 12-10-3(A)(6) of the city code, provided, however, that the city may require that additional parking be provided as a result of the analysis completed through § 12-10-3 herein.

   (E)   Petitioner shall file an affidavit with the city affirming compliance with § 12-10-3 as provided herein and all other requirements of the Act.

(Ord. 2019-12-10, passed 12-20-2019)

   (A)   Facilities may not be located within 300 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

   (B)   Facilities may not be located in a dwelling unit or within 250 feet of the property line of a pre-existing property zoned or used for residential purposes;

   (C)   At least 75% of the floor area of any tenant space occupied by a processing organization shall be devoted to the activities of the processing organization as authorized by the Act. Facilities may not conduct any sales or distribution of cannabis other than as authorized by the Act.

   (D)   For purposes of determining required parking, said facilities shall meet the requirements of § 12-10-3(A)(6) city code, provided, however, that the city may require that additional parking be provided as a result of the analysis completed through § 12-10-3 herein.

   (E)   Petitioner shall file an affidavit with the city affirming compliance with § 12-10-3 as provided herein and all other requirements of the Act.

(Ord. 2019-12-10, passed 12-20-2019)

   (A)   Facility may not be located within 300 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

   (B)   Facility may not be located in a dwelling unit or within 250 feet of the property line of a pre-existing property zoned or used for residential purposes.

   (C)   The transporting organization shall be the sole use of the tenant space in which it is located. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

   (D)   For purposes of determining required parking, said facilities shall meet the requirements of § 12-10-3(A)(6) of the city code, provided, however, that the city may require that additional parking be provided as a result of the analysis completed through § 12-10-3 herein.

   (E)   Petitioner shall file an affidavit with the city affirming compliance with § 12-10-3 as provided herein and all other requirements of the Act.

(Ord. 2019-12-10, passed 12-20-2019)

(Ord. 2019-12-10, passed 12-20-2019)