A. Commercial Marijuana Growing Facilities are hereby allowed within the corporate limits of Purcell, Oklahoma under the following conditions:
B. The facility must acquire a business license from the City Clerk. The license for a commercial growing facility shall be One Thousand Five Hundred Dollars ($1,500.00) per year, or other amount as set periodically by Council resolution. This fee shall be used to offset municipal expenses covering costs related to licensing, inspection, and enforcement of regulations for Commercial Marijuana Growing Facilities. The license provide for herein shall run from July 1 to June 30 and the same will not be prorated for any license obtained after July 1 of any year.
C. Location Restrictions on Commercial Marijuana Growing Facilities
1. A Commercial Marijuana Growing Facilities License will not be granted to any applicant where the proposed location would be located within one thousand (1,000) feet from any entrance of the proposed permitted location to any entrance of the following property location, including streets and alleys:
a. A private or public preschool, elementary, secondary, vocational or trade school, college or university;
2. In all section referencing places of worship or religious assemblies the location distance in feet between the place of worship or religious assembly and a marijuana establishment, regardless of the nature of that establishment, shall be measured in a straight line from the nearest door of the marijuana establishment to the nearest door of the church or religious assembly. The distance shall remain 750 feet.
3. A Commercial Marijuana Growing Facilities License will not be granted to any applicant where the proposed location would be located within seven hundred fifty (750) feet of any of the following locations with said distance computed by direct measurement in a straight line from the nearest property line of the parcel of land on which the use is located to the nearest property line of the building or unit in which the proposed retail marijuana establishment would be located, including streets and alleys:
a. A library or museum;
b. A public playground;
c. A child care center;
d. A public park, pool, or recreation facility;
e. A juvenile or adult halfway house, correctional facility or substance abuse rehabilitation or treatment center;
4. A Commercial Marijuana Growing Facilities License will not be granted to any applicant where the proposed location would be located within two hundred (200) feet of any of the following locations with said distance computed by direct measurement in a straight line from the nearest property line of the parcel of land on which the use is located to the nearest property line of the building or unit in which the proposed commercial marijuana growing facility would be located, including streets and alleys:
a. A residentially zoned district; or
b. Another medical marijuana or retail marijuana establishment.
D. The location of the facility must be zoned industrial and shall be an enclosed structure.
E. The facility shall have a chain link security fence at least six (6) foot in height with three (3) strand barbed wire at the top and with limited access. The gates to the secure area must be locked at all times.
F. The facility must be constructed in such a manner that the growing of the marijuana plants cannot be seen by the public from a public right of way.
G. The growing area including any lighting, plumbing or electrical components used shall comply with municipal building and fire codes. The growing area must be properly ventilated so as not to create humidity, mold or other related problems.
H. Growing marijuana shall not be conducted in a manner that 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.
I. Any violation of this section may result in the revocation of the Commercial Marijuana Growing Facilities License for a period of up to two (2) years from the date of revocation. Determination of violations that result in revocation shall be made by the City Manager or his/her designee.
HISTORY
Adopted by Ord. 18-07 on 10/1/2018
Amended by Ord. 18-08 on 11/5/2018
Amended by Ord. 19-02 Medical Marijuana on 2/4/2019
Amended by Ord. 19-07 Medical Marijuana on 8/6/2019
Amended by Ord. 20-02 Medical Marijuana on 3/2/2020
Amended by Ord. 21-07 on 9/7/2021
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