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A. The city-county planning board shall make a written recommendation to the common council along with its findings. Final disposition of the application rests with the common council.
B. Grounds for denial of application:
1. The applicant failed to provide the information required herein;
2. The applicant provided false, inaccurate, or otherwise misleading information;
3. The medical cannabis dispensary does not comply with zoning ordinances, or local standards; or
4. The required application or renewal fees have not been paid.
C. Zoning districts allowing medical marijuana dispensaries:
D. In those land use districts where a medical marijuana dispensary business regulated by this section 11-1-2-5 would otherwise be a permitted use, it shall be unlawful to establish any such dispensary business if the location is:
Within one thousand (1,000) straight line feet of any type of school or public playground or within three hundred feet (300') of any residentially zoned area. (Ord. 2010-15, 7-6-2010)
The distance from a school, public playground, or residentially zoned area shall be measured from the nearest point on the property line of the property for the proposed dispensary to the nearest point on the property line of the school, public playground, or residentially zoned area. (Ord. 2017-10, 1-2-2018)
E. The number of dispensaries permitted shall not exceed two (2) within or within one mile of the Municipal limits.
F. A medical marijuana dispensary business is not and may not be approved as an accessory use to any other use permitted by this title nor as a home occupation. (Ord. 2010-15, 7-6-2010)