Marijuana sales, manufacturing, testing, and cultivation facilities, as allowed and defined under Montana State law, must comply with the following standards:
A. All permitted or conditionally permitted marijuana facilities must be sited and operated in full compliance with Montana law as well as all zoning and building code requirements, parking standards, and any conditions of approval. Marijuana facilities may not be operated as a home occupation.
B. No marijuana facility is permitted from locales within 500' of a building used exclusively as a church or public school. This distance must be measured in a straight line from the center of the nearest public entrance of the place of worship or school to the nearest public entrance of the marijuana facility. A lawfully operating facility shall not be rendered in violation of these provisions by the subsequent location of a church or public school or by amendments to this ordinance. Additionally, no marijuana facility shall be located on Spokane Avenue between Railway Street and East Second Street.
C. No marijuana dispensary may be located within 500' of another marijuana dispensary. This distance must be measured in a straight line from the center of the nearest public entrances.
D. Marijuana facilities must have a building façade that visually blends in with the design, style, and appearance of adjacent storefronts, including signage, security measures, and lighting, and must be reviewed and approved by the Architectural Review Committee when required.
E. Window signs on marijuana dispensaries are limited to a maximum window sign coverage of 20% of the window area, and otherwise no window shall be covered or made opaque in any way. No security bars, metal screens, grates, or other visible security devices other than door locks and recessed or otherwise discrete security cameras are permitted on the storefront exterior unless required by State law.
F. If the applicant is not the property owner, a notarized authorization executed by the property owner authorizing and consenting to the proposed use of the property as a marijuana facility is required.
G. With the exception of State licensed outdoor cultivation allowed where agricultural uses are permitted, marijuana cultivation must be located within one or more completely enclosed, secure buildings with rigid walls, a roof, and secure doors.
H. Marijuana facilities must at all times be operated in such a way as to ensure the health, safety, and welfare of the public and workers. Marijuana facilities must not create a public nuisance or adversely affect the health or safety of the nearby residents, businesses, or its employees by creating dust, glare, light pollution, heat, noise, noxious gasses, odor, vibration, unsafe conditions or other impacts, or be hazardous due to the use or storage of materials, processes, products, and runoff of water, pesticides or wastes.
I. Marijuana cultivation, manufacturing, and testing facilities must be sited and operated in a manner that prevents marijuana odors from being detected offsite. A sufficient odor absorbing ventilation and exhaust system utilizing negative pressure inside the building must be used so odor generated distinctive to its operation cannot be detected outside the facility or anywhere on adjacent property or public rights-way, nor in interior common area walkways, hallways, foyers, lobby areas or other areas available for use by common tenants or the visiting public. An odor control plan must be submitted as part of any permit application.
J. All marijuana facilities must have sufficient security systems, including surveillance cameras, alarm systems on doors and windows, deadbolt locked exterior doors, and safes to store cash and retail marijuana products when closed.
K. Marijuana remnants and byproducts must be secured and properly disposed of and not be placed within the facility's exterior refuse containers at any business operating pursuant to this section unless rendered unusable. Outdoor storage of marijuana merchandise, raw materials, or other marijuana materials associated with the production of marijuana is prohibited.
L. All signage must meet state licensing requirements as well as the Sign Regulations found in section 11-5 of this Ordinance. (Ord. 12-07, 4-16-2012; amd. Ord. 21-17, 12-6-2021; Ord. 22-17, 12-19-2022; Ord. 23-12, 8-7-2023)