(A) This chapter permits medical marijuana dispensaries subject to the conditions of this section. However, no other medical marijuana businesses are permitted, except to the extent manufacture or cultivation of the medical marijuana product is part of the licensee's license as a provider, and subject to the limits on amount of plants/area per registered cardholder.
(B) Standards. The following standards apply to all medical marijuana dispensaries within the City of Big Timber Zoning jurisdiction.
(1) Zoning districts. Zoning districts in which a medical marijuana dispensary can be located are Manufactured and Industrial (MI) or Highway Business (HB). The growing, selling or distribution of cannabis or paraphernalia in any other zones or districts of the City of Big Timber is prohibited.
(a) Zoning district setbacks.
1. Within permitted zoning districts, the following setbacks apply: 1,000 feet from the nearest school, education facility, facilities where minors gather or day-care facility, these include parks and community centers.
2. One thousand feet from nearest church, worship facility or other religious institution.
3. Six hundred feet from any residence or residential zoned area.
4. Distances will be measured in a straight line, without regard to intervening structures, from the property line of a medical marijuana business to the property line of the preceding land uses or zoning districts.
(2) Medical marijuana dispensaries cannot be operated as a home occupation or business.
(3) Any medical marijuana dispensary is subject to state fire and state electrical inspections or requirements, but not limited to at least two fire department inspections and electrical inspections per year. These certificates must be posted on the premises.
(4) The medical marijuana dispensary licensee is subject to all state licensure requirements and proof of licensure, including any terms and conditions shall be submitted to the Planning Office.
(5) Signage shall comply with Chapter 154 of this code.
(6) The cultivation, manufacture, or sale of marijuana for medical purposes and as part of the medical marijuana dispensary license, shall be subject to all local, state and federal laws, rules, and regulations.
(7) Any medical marijuana dispensary requires a conditional use application, which is to be reviewed by the City County Planning Board and subject to the final decision of the governing body.
(a) If medical marijuana is grown or cultivated for a provider's registered cardholders, the following requirements apply:
1. The property is owner occupied.
2. Such manufacture and/or cultivation must be allowed by the terms of the medical marijuana dispensary license.
3. The cultivation area cannot be located on a parcel with any other commercial cannabis activity not allowed herein.
4. All marijuana cultivation shall be done inside of an enclosed structure and not outdoors. Such structure will be outfitted with the best available odor control technology.
5. The area where medical marijuana is manufactured or cultivated shall comply with the setback and inspection requirements set forth in this section.
(Ord. 489, passed 12-6-2021; amd. 6-6-2022; Ord. 493, passed 1-16-2023)