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All uses shall comply with all federal, state, and local pollution and nuisance laws and regulations, including, but not limited to, glare, smoke, dust, odors, and noise. The burden of proof for compliance of appropriate performance standards shall lie with the applicant.
(Prior Code, § 518.160) (Ord. passed 10-8-2003)
(A) Includes. Cultivation, delivery service, event, hemp, manufacturing, medical combination, mezzobusiness, microbusiness, testing facility, transport, retail, wholesale.
(B) Performance standards. Cannabis businesses shall be subject to all administrative and zoning requirements in the city code.
(1) Cannabis businesses are not considered an accessory use incidental to the primary use of the property.
(2) Cannabis businesses must comply with M.S. Ch. 342 and Minn. Rules Ch. 9810, as they may be amended from time to time. Where conflicts exists between this chapter and related statutes or rules, the standards contained in the statute and rule will apply.
(3) Outdoor display is prohibited. Outdoor display is an outdoor arrangement of objects, items, products or other materials typically not in a fixed position and capable of rearrangement, designed and used for the purpose of advertising or identifying a business, product or service.
(4) Outdoor storage of goods and hazardous materials is prohibited. Outdoor storage of equipment may be allowed. Outdoor storage areas shall be limited to the rear or side yard locations and at no time shall storage equipment extend beyond the front building line of the principal structure. The storage area shall be fenced and adequately screened from adjacent land uses and public roadways.
(5) All parking areas, loading areas and access drives to parking and loading areas shall be durable and dustless.
(6) A transportation management plan shall be submitted to address off-street parking, loading and unloading, internal circulation, traffic control and the impact of the facility on surrounding roadways. The transportation management plan shall include estimates of the number and type of vehicles using the parcel daily and monthly, the times of day when the highest and lowest number of vehicles will be present and other information deemed relevant to assess potential transportation impacts.
(7) All loading and unloading facilities shall be located on the rear or side of the structure and be screened from view from all public roadways and adjacent residential uses.
(8) An operations plan addressing air quality, dust management, sound attenuation and vibration dampening shall be submitted for approval.
(9) An environmental management plan, including a water and sewer management plan to address the use of water and the treatment of waste on-site and a storm water and drainage plan shall be submitted to address the impact of the facility on the environment.
(10) A copy of the business’s standard operating procedure must be submitted in accordance with Minn. Rules pt. 9810.1000.
(11) Cannabis businesses shall meet the following setbacks as measured in a straight line from the door of the school or day care or if no dwelling the closest point of the property line of the parcel upon which the cannabis business is located, to the property line of the following uses: 175 feet of the door to the school; 175 feet of the door to the day care; 175 feet from an attraction within a public park that is regularly used by minors, including a public ground or athletic field.
(12) A waste disposal plan shall be submitted to address storage, handling, use and potential hazards according to Minn. Rules pt. 9810.1200. Solid waste shall be stored, collected, transported or disposed of in a manner which is in conformity with Meeker/Stearns County Solid Waste Ordinance.
(13) A security and lighting plan must be submitted in accordance with Minn. Rules pt. 9810.1500.
(14) A plan for proper ventilation and filtration for odor control must be submitted in accordance with Minn. Rules Ch. 9810.
(15) Retail sales are prohibited from 10:00 p.m. to 8:00 a.m. for businesses with a retail endorsement for retail cannabis, medical cannabis, and low-potency hemp products. Retail sales with consumption endorsement shall follow their liquor license hours.
(16) A cultivator must indicate in its cultivation plan whether it plans to cultivate indoors or outdoors. Cultivation plans must comply with Minn. Rules pt. 9810.200, subp. 3.
(17) An outdoor cultivation area must be securely surrounded by fencing and locked gates on the entire perimeter, to prevent access to the area by unauthorized persons set forth in Minn. Rules pt. 9810.1500, subp. 15.
(18) Cannabis events shall comply with Minn. Rules pt. 9810.2700. Delivery services and transport businesses are limited to a maximum of five vehicles.
(19) Microbusinesses and mezzobusinesses shall have a cultivation and manufacturing endorsement.
(Ord. 2024-09, passed 12-4-2024)
ADMINISTRATION
The purpose of this subchapter is to outline administration of this chapter and establish procedures for nonconformances, exceptions, variances, conditional use permits, and the duties of administrating officers and the Planning Commission.
(Prior Code, § 519.010) (Ord. passed 10-8-2003)
(A) In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety, and welfare.
(B) Where the conditions imposed by any provision of this chapter are either more restrictive or less restrictive than comparable conditions imposed by any other law, ordinance, statute, resolution, or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall prevail.
(C) Except as specifically provided in this chapter, no structure shall be erected, converted, enlarged, reconstructed, or altered. No structure or land shall be used for any purpose or in any manner which is not in conformity with this chapter.
(Prior Code, § 519.020) (Ord. passed 10-8-2003) Penalty, see § 10.99
A lot or parcel of land for which a deed, recorded contract for deed, or other legal conveyance has been executed prior to the effective date of this chapter shall be deemed a buildable lot, provided, it can meet the minimum setback requirements in the zoning district where it is located.
(Prior Code, § 519.030) (Ord. passed 10-8-2003)
(A) Generally. Any structure or use existing upon the effective date of the adoption of this chapter and which does not conform to the provisions of the ordinance may be continued subject to the following conditions.
(1) No such nonconformity shall be expanded, reconstructed, or enlarged except in conformity with the provisions of this chapter.
(2) If the nonconformity or occupancy is discontinued for a period of 12 months, further use of the structures or property shall conform to this chapter.
(3) If a nonconforming structure is destroyed by any cause, to an extent exceeding 50% of its fair market value as indicated by the records of the County Assessor, and a site permit is not applied for within 180 days of the property damage, all subsequent use, occupancy, and structure on the site shall conform to this chapter.
(4) Alterations may be made to a building containing lawful nonconforming residential units when they will improve the livability thereof, provided, they will not increase the number of dwelling units or size or volume of the building. A nonconforming dwelling may not, however, be demolished and a new dwelling constructed unless the new dwelling is in full compliance with this chapter.
(5) Nonconforming single-family dwelling units and developed substandard single-family lots may be expanded to improve livability as a conditional use; provided, that the nonconformity is not increased.
(6) No nonconforming building, structure or use shall be moved to another lot or to any other part of the parcel of land upon which the same was constructed or was conducted at the time of this chapter adoption unless such movement shall bring the nonconformance substantially closer to compliance with the requirements of this chapter.
(7) When any lawful nonconforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use.
(8) A lawful nonconforming use of a structure or parcel of land may be changed to lessen the nonconformity of use. Once a nonconforming structure or parcel of land has been changed, it shall not thereafter be so altered to increase the nonconformity.
(9) Normal maintenance of a building or other structure containing or related to a lawful nonconforming use is permitted, including necessary non-structural repairs and incidental alterations which do not extend or intensify the nonconforming use.
(B) Nonconforming lots of record.
(1) A single-family dwelling and customary accessory building, notwithstanding limitations imposed by other provisions of this chapter, may be erected in any district in which single-family dwellings are permitted on any single lot of record at the effective date of adoption of or amendment to this chapter. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. The provisions shall apply even though such lot fails to meet the zoning requirements for area or width, or both, that are generally applicable in the district, provided; that yard dimensions and other requirements not involving area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located.
(2) If, in a group of two or more lots under the same ownership, any individual lot does not meet the area and width requirements of this chapter, the lot must not be considered as a separate parcel or land for the purpose of sale or development. The lot must be combined with the one or more contiguous lots so they equal one or more parcels of land, each meeting the area and width requirements of this chapter.
(3) Variances of area, width, and yard requirements shall be obtained only in accordance with § 150.169(A).
(C) Nonconforming signs. Signs existing on the effective date of this chapter which do not conform to the regulations set forth in this chapter shall become a nonconforming use. Business signs on the premises of a nonconforming building or use may be continued, however, such signs shall not be increased in number, area, height, or illumination No sign erected before the passage of this chapter shall be rebuilt, altered, or moved to a new location on the affected property without being brought into compliance with the requirements of this chapter.
(Prior Code, § 519.040) (Ord. passed 10-8-2003) Penalty, see § 10.99
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