An adult-use cannabis business establishment facility, as defined herein, requiring approval of a special use permit in the respective district(s) in which they are requested shall be processed in accordance with §§ 162.515 through 162.520 (Special Use Permits), and as provided herein. In addition to other information that may be required of a zoning petition by the zoning administrator, the petition for a special permitted use under this section shall include:
(A) Relevant parties. The name(s), address(es), and phone numbers(s) of the owner(s), operator(s) and agents(s) of the cultivation center or dispensary.
(B) Site plan. A site plan of the cultivation center or dispensary, drawn to scale, showing:
(1) Boundaries of the facility site and parcel on which the facility will be located;
(2) Nature of the structure to be used for the purpose of cannabis production or distribution;
(3) Demonstration that the facility meets the conditions for an enclosed, locked facility;
(4) Distance from all facilities and uses requiring setbacks as described in this chapter;
(5) All locally required perimeter setback lines;
(6) Public access roads and the location of access drives into the site with respect to their creating traffic or security hazards;
(7) Location of all existing structures on the site with their uses identified;
(8) Current uses, zoning, public roads and structures adjacent to the site;
(9) Location of proposed video surveillance equipment;
(10) Proposed lighting of the premises;
(11) Proposed signage for the premises;
(12) Location, height and nature of any fences or any other barriers meant to provide security for the site;
(13) Nature and adequacy of supervision and security at the site.
(C) Setbacks. Evidence demonstrating that the facility would meet all requirements of state law regarding setbacks required by the act and any implementing regulations of same.
(D) State fees. Evidence demonstrating that all state required fees have been or can be paid.
(E) Limitation of liability. At The time of submission of a zoning petition under this section, petitioner shall submit a written acknowledgment that petitioner agrees to and accepts the limitations of liability and the requirement to indemnify, hold harmless and defend the City of Belleville and the city's employees and agents, including that: the City of Belleville shall not be liable to petitioner and its agents/employees, for any damage, injury, accident, loss, compensation or claim, based on, arising out of, or resulting from the property for which the zoning is requested being used pursuant to the Act, including, but not limited to, the following: arrest, seizure of persons or property, prosecution pursuant to Federal or state laws, any fire, robbery, theft, mysterious disappearance or any other casualty; or the actions of any other registrants or persons. This limitation of liability provision shall survive expiration or the early termination of the registration if the registration is granted, or dissolution of use or any subsequent change in zoning.
(F) Provision of notice. At the time of submission of a zoning petition under this section, petitioner shall submit a signed statement certifying that petitioner has actual notice that, notwithstanding state law and any action by the City of Belleville, that:
(1) Cannabis is a prohibited Schedule I controlled substance under Federal law;
(2) Participation under the act is permitted only to the extent provided by the strict requirements of the act and subsequent implementing regulations;
(3) Any activity not sanctioned by the Act and subsequent implementing regulations may be a violation of state law and may result in the revocation of zoning;
(4) Growing, distribution or possessing cannabis in any capacity, except through a Federally-approved research program, is a violation of Federal law;
(5) Use of cannabis may affect an individual's ability to receive Federal or state licensure in other areas;
(6) Use of cannabis, in tandem with other conduct, may be a violation of state or Federal law;
(7) Participation under the act, or approval of zoning by the City of Belleville does not authorize any person to violate Federal or state law and, other than as set out in the act, and does not provide any immunity from or affirmative defense to arrest or prosecution under Federal or state law; and
(8) Petitioner for the zoning of adult-use cannabis business establishments by the City of Belleville shall indemnify, hold harmless, and defend the city for any and all civil or criminal penalties resulting from participation under the act.
(G) Affidavit of compliance. Petitioner shall file an affidavit with the city affirming compliance with the act and this chapter.
(Ord. 8401-2019, passed 12-19-2019)