Medical marijuana use shall be subject to the following additional standards and conditions.
(A) General conditions. The following conditions will be made for medical marijuana facilities within the municipal boundaries of the town.
(1) Structures where medical marijuana is processed, stored or dispensed must be equipped with ventilation/air filtration systems so that no odors are detectable off premises.
(2) Medical marijuana grow facilities shall conduct activities in a manner that will not constitutes a public nuisance. A public nuisance may be deemed to exist if growing marijuana produces light, glare, heat, noise, odor or vibration that is detrimental to public health, safety or welfare or interferes with the reasonable enjoyment of life and property.
(3) All medical marijuana dispensary, commercial medical marijuana growing and/or processing facilities, and medical marijuana wholesale and/or storage facility establishments shall be located within an entirely enclosed and secure with limited access structure, as required by the rules and regulations of the Department of Health, as may be amended from time to time.
(4) (a) Medical marijuana grow, processing, storage and wholesale facilities, including any lighting, plumbing or electrical components used shall comply with municipal building and fire codes.
(b) The facility must be properly ventilated so as not to create humidity, mold or other related problems. Lighting in grow facilities shall not exceed 1,000 watts per light. The use of gas products (CO2, butane and the like) or CO2 and ozone generators in the grow facilities is prohibited.
(5) Growing marijuana at a medical marijuana grow facility shall not be visible from the public right-of-way or adjacent property.
(B) Separation. For the distance requirements outlined in this chapter, the distances described shall be computed by direct measurement in a straight line from the nearest property line of the parcel of land on which the use described in herein is located to the nearest property line of the building or unit in which the proposed retail marijuana establishment would be located.
(1) Separation from other uses. Retail marijuana establishment permit will not be granted to any applicants where the proposed location would be located within 1,000 feet of any of the following uses:
(a) Private or public preschool, elementary, secondary, vocational or trade school, college, university or any childcare center;
(2) Any library or museum;
(3) Any place of worship or religious assembly;
(4) Any public playground, public park, pool or recreation facility; or
(5) Any juvenile or adult transitional living facility, inmate transitional living facility, halfway houses, substance abuse rehabilitation or treatment center.
(2) Medical marijuana grow facility separation from residential zone district. Medical marijuana grow facility shall be a permitted use in any agricultural zoning district and limited industrial zoning districts wherein growing marijuana crops are no closer than 300 feet from any residential zone district.
(3) Separation from other medical marijuana facility. No medical marijuana facility shall be allowed to locate or expand within 1,000 feet of another medical marijuana facility.
(C) Zoning. The following additions will be made for the zoning classifications where medical marijuana related activities are allowed within the municipal boundaries of the town.
(1) Medical marijuana dispensary shall be a permitted use in all commercial zoning districts.
(2) Medical marijuana processing, wholesale, or storage facilities shall be a permitted use in all industrial and agriculture zoning districts.
(3) (a) Medical marijuana growing shall be a permitted use in any agricultural zoning district and limited industrial zoning districts.
(b) Separation requirements found in division (B) of this section will apply.
(Ord. 382, passed 7-8-2021)