Where applicable, principal uses are required to comply with all use standards of this section, whether a permitted or special use, in addition to all other regulations of this chapter.
(A) Medical cannabis dispensing organization.
(1) In accordance with state law, medical cannabis dispensing organizations must comply with the required spacing and location requirements. Any subsequent amendment to state law that is more restrictive than this standard will control.
(a) A licensed medical marijuana cannabis dispensary may not be located within 1,000 feet of a pre-existing educational facility (primary or secondary) and/or day care center.
(b) A licensed medical marijuana cannabis dispensary may not be located within 500 feet of any place of worship, amusement facility, or park/playground.
(c) A licensed medical marijuana cannabis dispensary may not be located within a residential dwelling or within a residential district.
(2) An operation plan must be submitted, which includes the security measures to be provided, the days and hours of operation, and a site plan that describes exterior lighting and parking capacity. The following components of the medical cannabis dispensing organization shall be provided to and approved by the appropriate city departments prior to the issuance of a certificate of occupancy:
(a) Proposed structure in which the facility will be located, including co-tenancy (if in a multi-tenant building), total square footage, and building code compliance.
(b) Security installations/security plan approved by the Chief of Police or his or her designee.
(c) An operation plan must be submitted which includes the days and hours of operation, a delivery plan, a sign plan, and a site plan that describes access points and internal site circulation, exterior lighting, and parking capacity.
(B) Medical cannabis cultivation center.
(1) In accordance with state law, medical cannabis dispensing organizations must comply with the required facility design and spacing requirements. Any subsequent amendment to state law that is more restrictive than this standard will control.
(a) A licensed medical cannabis cultivation center must be located within an enclosed, locked FACILITY, defined as a room, greenhouse, building, or other enclosed area equipped with locks or other security devices that permit access only by a cultivation center's agents or a dispensing organization's agent working for the registered cultivation center or the registered dispensing organization to cultivate, store, and distribute cannabis for registered qualifying patients.
(b) A licensed medical cannabis cultivation center may not be located within 2,500 1,500 feet of a pre-existing educational facility (primary or secondary), day care center, day care home, a residential district, place of worship, amusement facility, or park/playground.
(2) An operation plan must be submitted, which includes the security measures to be provided, the days and hours of operation, and a site plan that describes exterior lighting and parking capacity. The following components of a medical cannabis cultivation center shall be provided to and approved by the appropriate city departments prior to the issuance of a certificate of occupancy:
(a) Proposed structure in which the facility will be located, including co-tenancy (if in a multi-tenant building), total square footage, and building code compliance.
(b) Security installations/security plan approved by the Chief of Police or his or her designee.
(c) An operation plan must be submitted which includes the days and hours of operation, a delivery plan, a sign plan, and a site plan that describes access points and internal site circulation, exterior lighting, and parking capacity.
(C) Adult-use cannabis.
(1) Purpose and applicability. It is the intent and purpose of this division (C) to provide regulations regarding the cultivation, processing and dispensing of adult-use cannabis occurring within the corporate and unincorporated 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 the regulations provided below. In the event that the Act is amended, the more restrictive of the state or local regulations shall apply.
(2) Adult-use cannabis facility components. The following components of the adult use cannabis facility must be provided to and approved by the appropriate city departments prior to the issuance of a certificate of occupancy:
(a) Proposed structure in which the facility will be located, including co-tenancy (if in a multi-tenant building), total square footage, and building code compliance.
(b) Security installations/security plan approved by the Chief of Police or his or her designee.
(c) An operation plan must be submitted which includes the days and hours of operation, a delivery plan, a sign plan, and a site plan that describes access points and internal site circulation, exterior lighting, and parking capacity.
(d) Compliance with all requirements provided in divisions (C)(5) through (C)(9) below, as applicable.
(e) Compliance with all requirements of the State Cannabis Regulation and Tax Act.
(3) 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:
(a) A facility may not be located within 1,000 feet of a pre-existing educational facility (primary or secondary) and/or daycare center.
(b) A facility may not be located within 500 feet of any place of worship or park/playground.
(c) A facility may not be located within a residential dwelling or within a residential district.
(d) A facility may only be allowed within the city.
(e) Facility may not conduct any sales or distribution of cannabis other than as authorized by the Cannabis Regulation and Tax Act.
(f) Petitioner shall file an affidavit (provided by the city) with the city affirming compliance with the city’s regulations regarding adult-use cannabis facility components, adult-use cannabis craft growers, and all other requirements of the Cannabis Regulation and Tax Act.
(4) 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:
(a) A facility may not be located within 1,000 feet of a pre-existing educational facility (primary or secondary) and/or day care center.
(b) A facility may not be located within 500 feet of any place of worship or park/playground.
(c) A facility may not be located within a residential dwelling or within a residential district.
(d) A facility may only be allowed within the city.
(e) 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 Cannabis Regulation and Tax Act, and no dispensing organization shall also sell food for consumption on the premises.
(f) Facility may not conduct any sales or distribution of cannabis other than as authorized by the Cannabis Regulation and Tax Act.
(g) Petitioner shall file an affidavit (provided by the city) with the city affirming compliance with the city’s regulations regarding adult-use cannabis facility components, adult-use cannabis dispensing organizations, and all other requirements of the Cannabis Regulation and Tax Act.
(5) 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:
(a) Facility may not be located within 1,500 feet of a pre-existing educational facility (primary or secondary), day care center, day care home, a residential district, place of worship, or park/playground.
(b) Facility may not conduct any sales or distribution of cannabis other than as authorized by the Cannabis Regulation and Tax Act.
(c) Petitioner shall file an affidavit (provided by the city) with the city affirming compliance with the city’s regulations regarding adult-use facility components, adult-use cannabis cultivation centers, and all other requirements of the Cannabis Regulation and Tax Act.
(6) 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:
(a) Facility may not be located within 1,500 feet of a pre-existing educational facility (primary or secondary), day care center, day care home, a residential district, place of worship, or park/playground.
(b) 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 Cannabis Regulation and Tax Act. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.
(c) Petitioner shall file an affidavit (provided by the city) with the city affirming compliance with the city’s regulations regarding adult-use cannabis facility components, adult-use cannabis infuser organizations, and all other requirements of the Cannabis Regulation and Tax Act.
(7) 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:
(a) Facility may not be located within 1,500 feet of a pre-existing educational facility (primary or secondary), day care center, day care home, a residential district, place of worship, or park/playground.
(b) 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 Cannabis Regulation and Tax Act. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.
(c) Petitioner shall file an affidavit (provided by the city) with the city affirming compliance with the city’s regulations regarding adult-use cannabis facility components, adult-use cannabis processing organizations, and all other requirements of the Cannabis Regulation and Tax Act.
(8) 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:
(a) Facility may not be located within 1,500 feet of a pre-existing educational facility (primary or secondary), day care center, day care home, a residential district, place of worship, or park/playground.
(b) 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 Cannabis Regulation and Tax Act.
(c) Petitioner shall file an affidavit (provided by the city) with the city affirming compliance with the city’s regulations regarding adult-use cannabis facility components, adult-use cannabis transporting organizations, and all other requirements of the Cannabis Regulation and Tax Act.
(9) 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.
(10) Co-location of cannabis business establishments. The city may approve the co-location of an adult-use cannabis dispensing organization with an adult-use cannabis craft grower center or an adult-use cannabis infuser organization, or both, in an area properly zoned for said uses, subject to the provisions of the Cannabis Regulation and Tax Act and the criteria within this Code of Ordinances. In a co-location, the floor space requirements of divisions (C)(4)(e) and (C)(7)(b) shall not apply, but the co-located establishments shall be the sole use of the tenant space.
(Ord. 1842, passed 2-4-2020) Penalty, see § 158.99