(A) Development of marihuana establishments shall be approved by either the Planning Commission or the Chief Inspector as set forth below. The type of marihuana establishments allowed within the city, and the zoning classification where such marihuana establishments are allowed to be located within the city, shall be as set forth as follows.
License | Description | Criteria | Review Procedure | Zoning Classification Allowed In |
License | Description | Criteria | Review Procedure | Zoning Classification Allowed In |
Grower — Any Class excluding Excess Growers | New or Major Expansion Class change and/or license stacking for same use | More than 25% increase in square fotage Less than or equal to 25% increase in square footage | Planning Commission Review and Approval Chief Inspector Review and Approval | M-1–Light Indsutrial M-2–General Industrial M-3–Heavy Industrial |
Excess Growers | New or Any Expansion | — | Planning Commission Review and Approval | M-1–Light Industrial M-2–General Industrial M-3–Heavy Industrial |
Processor | New Major Expansion Minor Expansion | — More than 25% increase in square footage Less than or equal to 25% increase in square footage | Planning Commission Review and Approval Planning Commision Review and Approval Chief Inspector Review and Approval | M-1–Light Industrial M-2–General Industrial M-3–Heavy Industrial |
Retailer | New or Any Expansion | — | Planning Commission Review and Approval | M-1–Light Industrial M-2–General Industrial M-3–Heavy Industrial B1–Local Business District B- 1A–Interchange Business District B-2–General Business District |
Secure Transporter | New or Any Expansion | — | Planning Commission Review and Approval | M-1–Light Industrial M-2–General Industrial M-3–Heavy Industrial |
Safety Compliance Facility | New or Major Expansion Minor Expansion | More than 25% increase in square footage Less than or equal to 25% increase in square footage | Planning Commission Review and Approval Chief Inspector Review and Approval | M-1–Light Industrial M-2–General Industrial M-3–Heavy Industrial |
Microbusinesses, designated consumption establishments, marihuana event organizers, and temporary marihuana events are prohibited in the city. | ||||
(B) The Planning Commission and Chief Inspector are prohibited from waiving any portion of this section.
(C) The Chief Inspector may submit any application subject to Chief Inspector review and approval to the Planning Commission for its review and approval.
(D) Planning Commission review shall be conducted in accordance with § 153.562 and subject to applicable site design standards in §§ 153.318 and 153.319, §§ 153.349 and 153.350, §§ 153.369 and 153.370, §§ 153.388 and 153.389, and § 153.440, as applicable. Chief Inspector review shall confirm the requested expansion of the use of the property conforms to the building and zoning requirements of this Code.
(E) Planning Commission or Chief Inspector approval under this section will lapse and be void 90 days from the date it was issued if applicant has not obtained a provisional license from the City Clerk in accordance with Ch. 118 of this code within that time.
(Ord. O-223, passed 9-14-2020, effective 9-24-2020; Ord. O-233, passed 5-24-2021, effective 6-3-2021)