(A) (1) In the development and execution of these regulations, it is recognized that there are some uses which, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances, thereby having a potential deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. The primary control or regulation is for the purpose of preventing a concentration of these uses in any one area.
(2) The city shall allow up to one cannabis dispensary, provided the time, place, and manner of said dispensaries comply with this section.
(B) A cannabis dispensary shall be located not less than 1,000 feet from a public or private school existing before the date of the cannabis dispensary application.
(C) Other location requirements are as follows:
(1) Permanent or temporary dispensaries are prohibited in all other zoning districts and not eligible for a home occupation use; and
(2) It shall be unlawful to operate a dispensary in a building which contains a residence or mixed-use building with commercial and residential uses.
(D) No cannabis establishment shall share premises with, or permit access directly from, another medical cannabis establishment, business that sells alcohol or tobacco, or, if allowed by law, other cannabis establishment.
(E) Cannabis dispensaries are allowed to be open between the hours of 9:00 a.m. and 6:00 p.m. on Monday through Saturday.
(F) No cannabis dispensary shall acquire, possess, store, deliver, transfer, transport, supply, or dispense cannabis, cannabis products, or paraphernalia without providing documentation of a license from the state.
(G) The Zoning Official is authorized to issue permits (building/use) for cannabis dispensaries subject to the following:
(1) Submission of a site plan containing the following:
(a) Any information required for applicable building permit;
(b) Ingress and egress plan;
(c) Parking plan;
(d) Lighting plan (including security lighting);
(e) Screening/security fencing plan;
(f) Refuse plan;
(g) Hours of operation; and
(h) Any other information as lawfully may be required by the Zoning Official to determine compliance with this section.
(2) Documentation of ability to meet setback/separation requirements; and
(3) Documentation of state licensure.
(H) All cannabis establishments are required to be constructed in conformance with the 2021 edition of the International Building Code and International Fire Code.
(Ord. 607, passed 11-15-2021) Penalty, see § 10.99