West Des Moines City Zoning Code

CHAPTER 20

MEDICAL CANNABIDIOL

9-20-1: PURPOSE:

In adopting this chapter, it is recognized that medical cannabidiol facilities could have certain objectionable side effects which render these facilities inharmonious with residential and uses related to minor children. This chapter seeks to ensure that residential and child-oriented uses, and medical cannabidiol facilities will be located in separate and compatible locations.

It is a subject of legitimate concern for the City to use its zoning power to protect and provide for the public health, safety, and general welfare of the City and to establish reasonable standards of design and procedures for medical cannabidiol facilities. (Ord. 2285, 3-5-2018)

9-20-2: DEFINITIONS:

For the purposes of this title, the definitions provided in Iowa Code (2018) section 124E (Medical Cannabidiol Act) and Iowa Administrative Code chapter 154 (Medical Cannabidiol Program) are adopted and shall govern the meaning of language in this chapter unless such term is specially defined elsewhere within this Code. In addition, the following definitions are adopted for this chapter:

CHILDCARE CENTER: A facility that provides childcare or preschool services as defined by Iowa Code (2005) section 237A.I(4), which is adopted by reference.

PRESCHOOL: A facility as defined by Iowa Code (2005) section 237A.I(14) which is adopted by reference.

RELIGIOUS FACILITY: Any building or site whose primary use is public religious worship.

SCHOOL: A public or private elementary, middle, junior or senior high school. (Ord. 2285, 3-5-2018)

9-20-3: LOCATION OF PREMISES:

A. Medical Cannabidiol Manufacturer: A medical cannabidiol manufacturer must be located where the applicable zoning ordinance allows such land use. In addition, a licensed or permitted premises must be in compliance with applicable Fire and Building Codes. No person, whether as principal or agent, clerk or employee, either for himself or any other person, or as an officer of any corporation, or otherwise, shall place, maintain, own or operate any medical cannabidiol manufacturer in the following locations:

1. In any single family or multi-family residential zoned area;

2. Within one thousand feet (1,000') from any single family or multi-family residentially zoned or used property, or any property designated on the City's Comprehensive Plan as residentially oriented;

3. Within one thousand feet (1,000') of any parcel of real property upon which is located a child care center, preschool, or school.

4. Within one thousand feet (1,000') of any parcel of real property upon which is located a religious facility which conducts services and/or programs.

B. Medical Cannabidiol Dispensary: A medical cannabidiol dispensary must be located where the applicable zoning ordinance allows such land use. In addition, a licensed or permitted premises must be in compliance with applicable Fire and Building Codes. No person, whether as principal or agent, clerk or employee, either for himself or any other person, or as an officer of any corporation, or otherwise, shall place, maintain, own or operate any medical cannabidiol dispensary in the following locations:

1. Within one thousand feet (1,000') of any parcel of real property upon which is located a school;

2. Within one thousand feet (1,000') of any other medical cannabidiol dispensary.

C. Measurement Of Distance:

1. The distance between any two (2) medical cannabidiol dispensaries shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business.

2. The distance between any medical cannabidiol facilities and any use requiring separation, shall be measured in a straight line, without regard to intervening structures, from the closest property line of the medical cannabidiol facility to the closest property line of the use requiring the separation. (Ord. 2285, 3-5-2018)

9-20-4: SECURITY REQUIREMENTS:

Any medical cannabidiol production, manufacturing or dispensary operation shall be in an enclosed, locked facility and implement security provisions to address the following and in accordance with Iowa Code (2018) section 124E (Medical Cannabidiol Act) and Iowa Administrative Code chapter 154 (Medical Cannabidiol Program).

A. Protection against unauthorized entrance.

B. Personnel identification system and facility access control.

C. Protection against theft of raw product, medical products, waste material or cash. (Ord. 2285, 3-5-2018)

9-20-5: SIGNAGE:

Any medical cannabidiol production, manufacturing or dispensary operation shall comply with advertising and marketing provisions in accordance with the Iowa Code (2018) section 124E (Medical Cannabidiol Act) and Iowa Administrative Code chapter 154 (Medical Cannabidiol Program) and comply with the regulations contained in the City's sign ordinance (chapter 18 of this title). (Ord. 2285, 3-5-2018)

West Des Moines City Zoning Code

CHAPTER 20

MEDICAL CANNABIDIOL

9-20-1: PURPOSE:

9-20-2: DEFINITIONS:

CHILDCARE CENTER: A facility that provides childcare or preschool services as defined by Iowa Code (2005) section 237A.I(4), which is adopted by reference.

PRESCHOOL: A facility as defined by Iowa Code (2005) section 237A.I(14) which is adopted by reference.

RELIGIOUS FACILITY: Any building or site whose primary use is public religious worship.

SCHOOL: A public or private elementary, middle, junior or senior high school. (Ord. 2285, 3-5-2018)

9-20-3: LOCATION OF PREMISES:

1. In any single family or multi-family residential zoned area;

3. Within one thousand feet (1,000') of any parcel of real property upon which is located a child care center, preschool, or school.

4. Within one thousand feet (1,000') of any parcel of real property upon which is located a religious facility which conducts services and/or programs.

1. Within one thousand feet (1,000') of any parcel of real property upon which is located a school;

2. Within one thousand feet (1,000') of any other medical cannabidiol dispensary.

C. Measurement Of Distance:

9-20-4: SECURITY REQUIREMENTS:

A. Protection against unauthorized entrance.

B. Personnel identification system and facility access control.

C. Protection against theft of raw product, medical products, waste material or cash. (Ord. 2285, 3-5-2018)

9-20-5: SIGNAGE:

West Des Moines City Zoning Code

CHAPTER 20

MEDICAL CANNABIDIOL

9-20-1: PURPOSE:

9-20-2: DEFINITIONS:

CHILDCARE CENTER: A facility that provides childcare or preschool services as defined by Iowa Code (2005) section 237A.I(4), which is adopted by reference.

PRESCHOOL: A facility as defined by Iowa Code (2005) section 237A.I(14) which is adopted by reference.

RELIGIOUS FACILITY: Any building or site whose primary use is public religious worship.

SCHOOL: A public or private elementary, middle, junior or senior high school. (Ord. 2285, 3-5-2018)

9-20-3: LOCATION OF PREMISES:

1. In any single family or multi-family residential zoned area;

3. Within one thousand feet (1,000') of any parcel of real property upon which is located a child care center, preschool, or school.

4. Within one thousand feet (1,000') of any parcel of real property upon which is located a religious facility which conducts services and/or programs.

1. Within one thousand feet (1,000') of any parcel of real property upon which is located a school;

2. Within one thousand feet (1,000') of any other medical cannabidiol dispensary.

C. Measurement Of Distance:

9-20-4: SECURITY REQUIREMENTS:

A. Protection against unauthorized entrance.

B. Personnel identification system and facility access control.

C. Protection against theft of raw product, medical products, waste material or cash. (Ord. 2285, 3-5-2018)