(a)

Location of head shops. Subject to the granting of a specific use permit as required by this appendix A, as may be amended, all buildings and structures housing a head shop as defined herein shall be located in a zoning district that complies with the following distance requirements:

(1)

At least 600 feet from the property boundary line of any lot or tract in a district zoned for residential uses or any lot or tract zoned for hospitals, churches or places of religious worship, public parks, or public buildings;

(2)

At least 1,000 feet from another building or structure housing an existing head shop; and

(3)

At least 1,000 feet from any lot or tract zoned for child care facilities, schools or institutions of higher learning.

(b)

Distance measurements. Measurements for the above distance requirements are to be in a straight line in all directions from the building or structure housing the head shop to the nearest property line of any lot or tract in any district zoned for residential use, or any lot or tract zoned for hospitals, churches or places of religious worship, public parks, public buildings, existing head shops, child care facilities, or schools or institutions of higher learning.

The measurements for a building or structure shall be taken from the furthest point that a building or structure extends in any direction, including overhanging roofs and all other projections or portions of said structure.

Should a head shop be located in conjunction with other buildings or structures in a manner where the head shop is clearly separated from other portions of the building or structure, (e.g., a head shop store in a shopping center) the head shop's measurements shall be taken from the boundaries of the space in which the head shop is housed or confined (e.g., not the entire shopping center).

Should a head shop be located in conjunction with other buildings or structures in a manner where the store is situated above the ground level of a multi-story building or structure and is clearly separate from other activities within the building or structure (e.g., a head shop store on an upper level of a multi-story retail center), the head shop's measurements shall be taken beginning from the entry to that portion of the building or structure housing the head shop, thence to the nearest point of egress (elevator or stairs), thence to the nearest ground floor exit, thence in a straight line to the nearest point on any lot or tract in a district zoned for residential use, or any lot or tract zoned for hospitals, churches or places of religious worship, public parks, public buildings, existing head shops, child care facilities, or schools or institutions of higher learning.

(c)

Site plan. Subject to the granting of a specific use permit as required by this appendix A, as may be amended, each head shop applicant must submit a site plan setting out the dimensions and locations for such head shop. The applicant shall sign a certified and notarized statement attached to the site plan that the proposed head shop complies with the requirements set forth herein above. It shall be the applicant's duty to prepare the site plan and to assure compliance with the distance requirements imposed herein.

(d)

Amortization. A head shop in operation prior to the effective date of this section which does not conform to the regulations pertaining to head shops shall be considered to be a nonconforming use that may continue for four months from the effective date of this section.

(Ord. No. 33-2015, § 5, 10-12-15; Ord. No. 21-2017, § 2(Exh. A), 12-18-17; Ord. No. 03-2024, § 3, 2-26-24)