(A) Intent and purpose. The M2 Heavy Industrial District encompasses industrial areas wherein may be achieved a satisfactory correlation of transportation facilities, accessibility to dwelling areas, efficient land assembly, topographic conditions and provision of public utility facilities required by industry. The areas may contain certain mineral and natural resources. These areas may be situated and operated so that the extraction, processing or both, of basic raw materials may be conducted in a manner that will not create conflict or hazard in the general community and that will protect and preserve the public health, safety and general welfare.
(B) Permitted uses. In the M2 District, there may be any use, subject to the following exceptions and special provisions:
(1) Church or other uses. No church, library, school or hospital shall be built.
(2) Dwellings. No building shall be built or converted for dwelling purposes other than one for a resident watchperson or caretaker employed on the premises where he or she is employed in that capacity.
(3) Junkyards. Junkyards, auto wrecking yards and salvage yards are permitted, but must be surrounded by a solid fence at least six feet high located within the building lines, and provided the junk, automobiles or salvage shall not be piled higher than the fence.
(4) Animal crematoriums. Animal crematoriums.
(5) Separate approval. The following uses must be given separate Council approval. Before granting the approval, the Council shall refer application to the Fire Chief for study, investigation and Council may assume approval of the application.
(a) Acid manufacture;
(b) Cement, lime, gypsum or plaster of paris manufacture;
(c) Distillation of bones;
(d) Explosives manufacture or storage;
(e) Fat rendering;
(f) Fertilizer manufacture;
(g) Gas manufacture;
(h) Garbage, offal or dead animals, reduction or dumping;
(i) Glue manufacture;
(j) Petroleum or its products, manufacturing, refining of or wholesale storage of smelting of tin, copper, zinc or iron ores;
(k) Stockyards or slaughter of animalsl; and
(l) Adult-use cannabis dispensing organization facilities shall comply with the following:
1. Dispensing facility may not be located within ten feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, licensed day care center, licensed day care home or licensed 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. Dispensing facility may not be located in a dwelling unit.
3. Dispensing facility may not conduct any sales or distribution of cannabis other than as authorized by the Cannabis Regulation and Tax Act (the “Act”).
4. At least 75% of the floor areas of any tenant space occupied by a dispensing organization shall be devoted to the activities of the dispensing organization as authorized by the Act.
5. Dispensing facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.
6. Security improvements shall be determined based on the specific characteristics of the floor plan for the adult-use cannabis business establishment and the site on which it is located, consistent with the requirements of the Act.
(m) Adult-use cannabis infuser organization facilities shall comply with the following:
1. Infuser facility may not be located in a dwelling unit.
2. 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 facility as authorized by the Cannabis Regulation and Tax Act (the “Act”). Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.
3. Security improvements shall be determined based on the specific characteristics of the floor plan for the adult-use cannabis business establishment and the site on which it is located, consistent with the requirements of the Act.
(n) Adult-use cannabis processing organization facilities shall comply with the following:
1. Processing facility may not be located in a dwelling.
2. At least 75% of the floor area of any tenant space occupied by a processing facility shall be devoted to the activities of the processing organization as authorized by the Cannabis Regulation and Tax Act (the “Act”). Processing facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.
3. Security improvements shall be determined based on the specific characteristics of the floor plan for the adult-use cannabis business establishment and the site on which it is located, consistent with the requirements of the Act.
(o) Adult-use cannabis transportation organization shall comply with the following:
1. Transportation facility may not be located in a dwelling unit.
2. Transportation facility 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 (the “Act”).
3. Security improvements shall be determined based on the specific characteristics of the floor plan for the adult-use cannabis business establishment and the site on which it is located, consistent with the requirements of the Act.
(p) Adult-use cannabis craft grower shall comply with the following:
1. Craft grower facility may not be located in a dwelling unit.
2. Craft grower facility shall not be within 1,500 feet of another cannabis craft grower facility or cultivation facility.
3. Craft grower facility may not conduct any sales or distribution of cannabis other than as authorized by the Cannabis Regulation and Tax Act (the “Act”).
4. Security improvements shall be determined based on the specific characteristics of the floor plan for the adult-use cannabis business establishment and the site on which it is located, consistent with the requirements of the Act.
(q) Adult-use cannabis cultivation center shall comply with the following:
1. Cultivation facility may not be located in a dwelling unit.
2. Cultivation facility shall not be within 1,500 feet of another cultivation or craft grower facility.
3. Cultivation facility may not conduct any sales or distribution of cannabis other than as authorized by the Cannabis Regulation and Tax Act (the “Act”).
4. Security improvements shall be determined based on the specific characteristics of the floor plan for the adult-use cannabis business establishment and the site on which it is located, consistent with the requirements of the Act.
(6) Special conditions. The City Council may, after a public hearing, impose conditions on any use in the M2 District, if found necessary by the City Council in furtherance of the public health, safety or morals.
(7) Adult uses. Without limiting the uses permitted in the M2 District, adult uses are specifically allowed.
(8) Medical cannabis cultivation center. Provided that the center may not be located within 2,500 feet of the property line of a pre-existing public or private preschool, or elementary or secondary school or day care center, day care home, group day care home, part day child care facility or an area zoned for residential use.
(1980 Code, § 29.202) (Ord. 9260, passed 8-4-2014; Ord. 9388, passed 9-16-2019)
Penalty, see § 162.999