A. Purpose: The purpose of this article is to provide for the regulation of nonconforming cannabis establishments and to specify those circumstances under which these establishments shall be allowed to continue to operate as legal nonconforming uses. Title 9, Chapter 6 of the City Code (NONCONFORMING USES) also addresses nonconforming uses and applies to cannabis establishments. Where there is a discrepancy between this article and Title 9, Chapter 6 of the City Code, the more restrictive regulations apply.
B. Authority to continue:
1. Any previously permitted cannabis establishment and/or cannabis related use, including medical dispensaries and retail cannabis establishments, that existed lawfully, prior to the effective date of this chapter, may continue to operate as that same use, as it did prior to becoming nonconforming, subject to the rules, regulations, and restrictions listed below.
2. Notwithstanding the above paragraph, no nonconforming medical dispensary shall be permitted to engage in retail recreational sales unless the dispensary complies with the requirements of this chapter, including the requirements to obtain a zone change, SUP, city regulatory permit, and all other applicable permits hereunder.
C. Restrictions: Any nonconforming cannabis establishment or use existing as of the effective date of this chapter that does not conform to the regulations of the zoning district(s) established by this chapter, shall be subject to the following:
1. Repairs and alterations. Ordinary cosmetic repairs may be made to a building or structure devoted to or designed for a cannabis establishment or use not permitted in the zoning district in which it is located. No structural repairs or alterations shall be made in or to such building or structure, except those required by law, or except to alter the design and use of the building or structure to conform to the permitted use regulations of the zoning district in which it is located.
2. Additions and enlargements. A building or structure devoted to or designed for a cannabis establishment or use not permitted in the zoning district in which it is located shall not have additions or enlargements made to it in any way other than to bring such building or structure into compliance with the permitted use(s) of the zoning district in which it is located.
3. Restoration as a result of damages. A building or structure devoted to or designed for a cannabis establishment or use not permitted in the zoning district in which it is located that is damaged or destroyed by any means, and where the cost of the repairs exceeds 50% or more of its replacement value, shall not be restored except if such restoration results in a building, structure, or sign devoted to or designed for a use that conforms to the regulations of the zoning district in which it is located.
4. Discontinuance of a nonconforming use. In the event that a nonconforming use of a building, structure, premises, sign, or parts thereof is discontinued for any reason for a period of six months or longer, and such nonconforming use is changed to or replaced by a use conforming to the zoning district in which it is located, such building, structure, premises, sign, or parts thereof shall not thereafter be used or occupied by a nonconforming use, even though the building, structure, sign, premises, or parts thereof may have been originally constructed for the prior nonconforming use.
5. Vacant nonconforming use. In the event the building, structure, sign, or premises of a nonconforming use have sat vacant for a period of six months or longer, any use brought into said building, structure or premises shall be a use conforming to the regulations of the zoning district in which it is located, and all requirements of the zoning ordinance shall be met before the new permitted use is allowed to operate, including the most current requirements for parking, landscaping, and general zoning and building guidelines as set forth in this and other ordinances. (Ord. O-1089, 9-14-2021)