(A) Purpose and applicability. It is the intent and purpose of this section to provide regulations regarding the cultivation, processing and dispensing of adult-use cannabis occurring within the corporate limits of the city. Such facilities shall comply with all regulations provided in the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time to time, and regulations promulgated thereunder, and regulations provided below. In the event that the Act is amended, the more restrictive of the state or local regulations shall apply.
(B) Adult-use cannabis facility components. In determining compliance with this section, the following components of the adult-use cannabis facility shall be evaluated based on the entirety of the circumstances affecting the particular property in the context of the existing and intended future use of the properties:
(1) Impact of the proposed facility on existing or planned uses located within the vicinity of the subject property;
(2) Proposed structure in which the facility will be located, including cotenancy (if in a multi-tenant building), total square footage, security installations/security plan and building code compliance;
(3) Hours of operation and anticipated number of customers/employees;
(4) Anticipated parking demand based on this section and available private parking supply;
(5) Anticipated traffic generation in the context of adjacent roadway capacity and access to such roadways;
(6) Site design, including access points and internal site circulation;
(7) Proposed signage plan.
(C) Adult-use cannabis craft grower. In those zoning districts in which an adult-use cannabis craft grower may be located, the proposed facility must comply with the following:
(1) Facility may not be located within 1,500 feet of the property line of a preexisting public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.
(2) Facility may not be located within 1,500 feet of the property line of a preexisting property zoned for residential purposes.
(3) Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.
(4) Petitioner shall file an affidavit with the city affirming compliance with all ordinances in existence at the time of the issuance of the license.
(D) Adult-use cannabis cultivation center. In those zoning districts in which an adult-use cannabis cultivation center may be located, the proposed facility must comply with the following:
(1) Facility may not be located within 1,500 feet of the property line of a preexisting public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.
(2) Facility may be not be located within 1,500 feet of the property line of a preexisting property zoned for residential purposes.
(3) Facility may not conduct any sales or distribution of cannabis other than authorized by the Act.
(4) Petitioner shall file an affidavit with the city affirming compliance with all ordinances in existence at the time of the issuance of the license.
(E) Adult-use cannabis dispensing organization. In those zoning districts in which an adult-use cannabis dispensing organization may be located, the proposed facility must comply with the following:
(1) Facility may not be located within 1,000 feet of the property line of a preexisting public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.
(2) Facility may not be located in dwelling unit or within 250 feet of the property line of preexisting property zoned for residential purposes.
(3) At least 75% of the floor area of any tenant space occupied by a dispensing organization shall be devoted to the activities of the dispensing organization as authorized by the Act, and no dispensing organization shall also sell food for consumption on the premises.
(4) Petitioner shall file an affidavit with the city affirming compliance with all ordinances in existence at the time of the issuance of the license.
(F) Adult-use cannabis infuser organization. In those zoning districts in which an adult-use cannabis infuser organization may be located, the proposed facility must comply with the following:
(1) Facility may not be located within 1,500 feet of the property line of a preexisting public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.
(2) Facility may not be located in a dwelling unit or within 250 feet of the property line of a preexisting property zoned for residential purposes.
(3) At least 75% of the floor area of any tenant space occupied by an infusing organization shall be devoted to the activities of the infusing organization as authorized by the Act. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.
(4) Petitioner shall file an affidavit with the city affirming compliance with all ordinances in existence at the time of the issuance of the license.
(G) Adult-use cannabis processing organization. In those zoning districts in which an adult-use cannabis processing organization may be located, the proposed facility must comply with the following:
(1) Facility may not be located within 1,500 feet of the property line of a preexisting public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.
(2) Facility may not be located in a dwelling unit or within 250 feet of the property line of a preexisting property zoned for residential purposes.
(3) At least 75% of the floor area of any tenant space occupied by a processing organization shall be devoted to the activities of the processing organization as authorized by the Act. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.
(4) Petitioner shall file an affidavit with the city affirming compliance with all ordinances in existence at the time of the issuance of the license.
(H) Adult-use cannabis transporting organization. In those zoning districts in which an adult-use transporting organization may be located, the proposed facility must comply with the following:
(1) Facility may not be located within 1,500 feet of the property line of a preexisting public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.
(2) Facility may not be located in a dwelling unit or within 250 feet of the property line of a preexisting property zoned for residential purposes.
(3) The transporting organization shall be the sole use of the tenant space in which it is located. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.
(4) Petitioner shall file an affidavit with the city affirming compliance with all ordinances in existence at the time of the issuance of the license.
(I) Additional requirements. Petitioner shall install building enhancements, such as security cameras, lighting or other improvements, to ensure the safety of employees and customers of the adult-use cannabis business establishments, as well as its environs. Said improvements shall be determined based on the specific characteristics of the floor plan of an adult-use cannabis business establishment and the site on which it is located, consistent with the requirements of the Act.
(J) Additional requirements. Business hours are from 10:00 a.m. to 7:00 p.m., Monday through Friday, and 10:00 a.m. to 5:00 p.m., Saturday and Sunday. One dispensary in the corporate limits of the city and no on-premise consumption of cannabis allowed.
(K) Permitted locations. Cannabis business classifications are permitted uses in the following zoning districts:
Permitted Zoning Districts for Cannabis Business
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Permitted Zoning Districts for Cannabis Business
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I | C-2 | C-1 | MF | MH | RS | S-1 | S-2 | A | LS | |
Dispensary | X | X | ||||||||
Infuser | X | |||||||||
Processor | X | |||||||||
Transporter | X | |||||||||
Craft Grower | X | |||||||||
Cultivation | X | |||||||||
(L) Performance standards for all cannabis business establishments. The cannabis business establishment shall comply with all statutory requirements of the Act, and the operator of the cannabis business establishment will provide a copy of the state-approved license and license application documentation required by the Act to the Building and Zoning Department.
(Ord. 3591, passed 1-7-2021)