(a) Conversion of MCDs with Planning Commission Approval to Cannabis Retail Uses.
(1) An establishment may convert from the prior authorized Use at the property to a Cannabis Retail Use by obtaining a building permit authorizing the change of Use, if the establishment (to be termed a “Grandfathered MCD”) satisfies one of the following three criteria:
(A) holds a valid final permit from the Department of Public Health to operate as a Medical Cannabis Dispensary, pursuant to Section 3307 of the Health Code, as of January 5, 2018;
(B) holds an approval for a Medical Cannabis Dispensary Use from the Planning Department as of January 5, 2018; or
(C) submitted a complete application for a permit from the Department of Public Health to operate as a Medical Cannabis Dispensary by July 20, 2017, and receives a final permit.
(2) A Grandfathered MCD converting to a Cannabis Retail Use pursuant to this Section 190 is not subject to
(A) a Conditional Use Authorization requirement for Cannabis Retail Uses in the zoning district in which it is located;
(B) the locational restrictions for Cannabis Retail set forth in Section 202.2(a);
(C) the requirements of Section 311; or
(D) an application for discretionary review; provided however, that the Planning Commission or Planning Department staff may initiate discretionary review.
(3) A Grandfathered MCD is subject to all other Planning Code requirements.
(b) Establishment of Cannabis Retail Uses at Sites with MCD Applications Pending Before the Planning Commission.
(1) For the purposes of this subsection (b), a Pending MCD Applicant is an applicant that submitted a complete application to the Department of Public Health to operate a Medical Cannabis Dispensary by July 20, 2017, but that did not receive a permit or authorization from the Planning Department to operate such Use as of January 5, 2018, and that qualifies as either an Equity Applicant or an Equity Incubator pursuant to Section 1604 of the Police Code.
(2) A Pending MCD Applicant may establish a Cannabis Retail Use at the property where the application to operate a Medical Cannabis Dispensary was proposed by obtaining building permit authorization for the change of use.
(3) Except as specified in this subsection (b), a Pending MCD Applicant that obtains a change of use permit for a Cannabis Retail Use is subject to all Planning Code requirements, including but not limited to the neighborhood notification requirement set forth in Section 311 and Conditional Use Authorization if required for a Cannabis Retail Use by the zoning district in which the property is located.
(4) A Pending MCD Applicant is not subject to the minimum radius requirement between Cannabis Retailers or between a Cannabis Retailer and a Medicinal Cannabis Retailer, as set forth in subsection 202.2(a), but is subject to all other locational requirements for Cannabis Retail set forth in subsection 202.2(a).
(c) All other applications for a change of use from a Medical Cannabis Dispensary Use to a Cannabis Retail Use shall be subject to the zoning controls for the district in which the Medical Cannabis Dispensary is located.
(d) This Section 190 shall expire by operation of law on December 31, 2024. Upon its expiration, the City Attorney is authorized to cause this Section 190 to be removed from the Planning Code.
(Added by Ord. 229-17, File No. 171041, App. 12/6/2017, Eff. 1/5/2018; amended by Ord. 16-19, File No. 181061, App. 2/8/2019, Eff. 3/11/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 4-21, File No. 201261, App. 1/15/2021, Eff. 2/15/2021, Retro. 1/1/2021; Ord. 198-21, File No. 210865, App. 11/5/2021, Eff. 12/6/2021; Ord. 234-21, File No. 210452, App. 12/22/2021, Eff. 1/22/2022; Ord. 249-22, File No. 220542, App. 12/16/2022, Eff. 1/16/2023; Ord. 68-24, File No. 240070, App. 4/4/2024, Eff. 5/5/2024, Retro. 1/1/2024)
AMENDMENT HISTORY
Former division (a) amended and redesignated as (a)-(a)(1)(C); former division (b) amended and redesignated as (a)(2)-(a)(2)(B); new divisions (a)(3) and (b)-(b)(4) added; former division (c) deleted; former divisions (d) and (e) redesignated as (c) and (d); current division (d) amended; Ord. 16-19, Eff. 3/11/2019. Division (a)(3) amended; Ord. 63-20, Eff. 5/25/2020. Division (d) amended; Ord. 4-21, Retro. 1/1/2021. Division (d) amended; Ord. 198-21, Eff. 12/6/2021. Divisions (a)(2)(A)-(B), (a)(3), and (b)(3) amended; divisions (a)(2)(C)-(D) added; Ord. 234-21, Eff. 1/22/2022. Division (d) amended; Ord. 249-22, Eff. 1/16/2023. Division (d) amended; Ord. 68-24, Retro. 1/1/2024.