It is the intent and purpose of this chapter to provide regulations regarding the operation of cannabis organizations within the corporate limits of the City. Such organizations shall comply with all regulations provided in the Compassionate Use of Medical Cannabis Program Act and the Cannabis Regulation and Tax Act, as may be applicable, as may be amended from time to time (the “Acts”), regulations enacted pursuant to authority granted through the Acts, and the regulations provided herein. In the event that the Acts are amended, the more restrictive of the State or City regulations shall apply.

(Ord. 2553, 11-26-2019)

Cannabis organizations shall only be permitted as special uses in such zoning districts as set forth in this chapter and processed in accordance with the provisions of this chapter. No cannabis organization shall be opened or operated unless specifically authorized under and pursuant to the Acts and this chapter.

(Ord. 2553, 11-26-2019)

In determining compliance with this chapter, the following components of the cannabis organization 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 other properties in the vicinity:

   A.   Impact of the proposed cannabis organization on existing or planned uses located within the vicinity of the subject property;

   B.   Proposed structure in which the cannabis organization 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 of the cannabis organization and anticipated number of customers/employees;

   D.   Anticipated parking demand based and available private parking supply, including any unique demand for handicapped parking;

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

   F.   Site design, including access points, internal site circulation, and commercial vehicle loading, unloading and parking;

   G.   Proposed signage plan;

   H.   Proximity to a public or private nursery school, preschool, primary or secondary school, day care center, day care home, residential care home, a public park, or any property lawfully used in a residential manner or any residential zoning district;

   I.   Compliance with all other requirements of this chapter specific to the type of cannabis organization; and

   J.   Other criteria determined to be necessary to assess compliance with this chapter.

(Ord. 2553, 11-26-2019)

In those zoning districts in which a cannabis dispensing organization may be located, the proposed organization must comply with the following:

   A.   A cannabis dispensing organization may not be located within one thousand (1,000) 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, residential care home, or public park.

   B.   A cannabis dispensing organization may not be located in a house, apartment, condominium, or a building devoted in whole or in part to a residential use.

   C.   A cannabis dispensing organization may not have drive-thru service.

   D.   The on-site consumption of cannabis or cannabis-infused products shall be prohibited on the premises of a cannabis dispensing organization.

   E.   At least eight percent (80%) of the floor area of any tenant space occupied by a cannabis dispensing facility shall be devoted to the activities of the cannabis dispensing organization.

(Ord. 2553, 11-26-2019)

In those zoning districts in which a cannabis industrial organizations may be located, the proposed organization must comply with the following:

   A.   A cannabis industrial organization (the enclosed, locked facility where medical cannabis will be grown, harvested, infused, manufactured, packaged or otherwise prepared for distribution) may not be located within one thousand (1,000) 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.

   B.   A cannabis industrial organization may not be located within one thousand (1,000) feet of the property line of an area zoned residential.

   C.   No retail sale or distribution of cannabis or cannabis infused products shall be permitted on the premises of a cannabis industrial organization.   

   D.   The on-site consumption of cannabis or cannabis-infused products shall be prohibited on the premises of a cannabis industrial organization.   

   E.   At least seventy five percent (75%) of the floor area of any tenant space occupied by a cannabis industrial organization shall be devoted to the activities of the organization.    

   F.   Any cannabis transporting organization shall be the sole use of the tenant space of the building in which it is located.    

(Ord. 2553, 11-26-2019)

An applicant shall install building enhancements, such as security cameras, lighting, or other improvements, as needed or at the request of the City, to ensure the safety of employees and customers of the cannabis facility. Said improvements may be required by the City in excess of those security measures required by the Act.

(Ord. 2553, 11-26-2019)