§ 158.079 USES PERMITTED IN EACH ZONING DISTRICT.

(A) Uses permitted in each zoning district.

Uses Permitted In Each Zoning District

Uses

RR

AR

R1-43 & ER

R1-7

R1-4

RMH-1

R-2

R-3

CBD

CR

HC

I-1

I-2

BP

HP

RESIDENTIAL

Accessory dwelling unit (ADU)

X(34)

X(26)

Bed and breakfast

X(27)

X(26)

Boarding house

X

X(26)

Dwelling unit

X(25)

X(26)

Manufactured home

X(29)

X(26)

Mobile home

C(23)

X(26)

Mobile home park

C(23)

X(26)

Modular home

X(24)

X(26)

Multi-family dwelling

X

X(26)

One-family dwelling

X

X(26)

Two-family dwelling

X

X(26)

AGRICULTURE

General agriculture

X(1)

X(26)

Roadside stands

X(2)

X(26)

Stables

C(3)

X(26)

OTHER

Accessory uses

X(4)

X(5)

X(6)

X (5) (6)

X(6)

x(6)

X(6)

X(26)

Airport

C

X(26)

Business park uses

X(33)

X(26)

Cemetery

X(7)

C(7)

X(26)

Church

X(8)

X(26)

Commercial, CBD

X(9)

X(26)

Commercial, highway

X(10)

X(26)

Congregate care

C

X

X(26)

Day care center

C

X

X(26)

Domestic animals

X(11)

X(26)

Dude ranch

C

X(26)

Group home

X(12)

X(26)

Home occupations

X(13)

X(26)

Industrial, heavy

X(14)

X(26)

Industrial, light

X(15)

X(26)

Infusion food establishment

C(35)

Kennel

C

X(26)

Laundry, self-help

X

X(26)

Medical marijuana dispensary

C(35)

Medical marijuana facility

C(35)

Medical marijuana cultivation site

C(35)

Metal building

X(30)

X (dd)

X(26)

Mixed use

X

X(26)

Public uses

X(16)

X(26)

Public utility

X(17)

X(26)

Recreational vehicle park

C(19)

X(26)

Radio and TV studio

X(18)

X(26)

Radio/TV towers

C

X(26)

Sales office, subdivision

C(20)

X(26)

Schools, private

X(21)

X(26)

Shelter care

C

X

X(26)

Signs

X(22)

X(26)

Storage containers and trailers

X(31)

X(32)

X(26)

NOTES TO TABLE:

X - means allowed use

C - means conditional use (see conditional use, §§158.060 through 158.063 of this chapter)

Numbers (1) - (35) refer to additional requirements or clarifications listed in § 158.079(B) of this chapter

(Prior Code, § 12-5.01)

(B) Additional requirements and clarifications for uses permitted in each zoning district.

(1) General agriculture includes:

(a) Nurseries, greenhouses, orchards, aviaries, apiaries, raising of field crops, tree crops, berry and bush crops, vegetable and herb gardening, and irrigation systems public and private;

(b) Farm animals; provided:

1. All animals be maintained so as not to create or cause a nuisance;

2. Notwithstanding any other provision, the maximum number of animals, excepting common house pets allowed to be kept on the premises shall be as follows.

a. Three animals may be kept on two acres, plus two animals for each additional acre.

b. All livestock and poultry kept shall be kept confined to the premises by erection and maintenance of a stock-tight fence and necessary cattle guards.

3. Notwithstanding any other provision, only one hog may be kept on the premises;

(c) All other agriculture uses, including a guest ranch, require a conditional use.

(2) Retail sales structures of less than 1,000 square feet that are located on the premises where the products are raised and offered for sale;

(3) Horse riding, training or boarding stables on a minimum lot size of ten acres;

(4) Limited to fences and walls (see the fences and walls section), garage, enclosed storage, barn, satellite earth station, swimming pool, amateur radio tower, game court (unlighted), home occupation (see home occupation in division (B)(13) below) and household pets. Walls and fences:

(a) No higher than three feet in the front yard;

(b) No higher than six feet six inches in the side or rear yard;

(c) Open wire fences exceeding the above heights are allowed around schools and other public or quasi-public uses when necessary for the safety or restraint of the occupants thereof;

(d) No fence may contain barbed wire, electrical current, broken glass or other hazardous material, except storage areas in industrial zoning districts may use barbed wire provided the barbs are a minimum of six feet above grade; and

(e) In the commercial and industrial zones a six-foot high solid wall shall be constructed and maintained along the property lines adjoining a residential zone.

(5) Limited to fences and walls (see fences and walls in division (B)(4) above), garage, enclosed storage, satellite earth station, swimming pool, amateur radio tower, home occupation (see home occupation in division (B)(13) below), yard sales limited to three events each no longer than three consecutive days per residence per each calendar year and household pets;

(6) Limited to uses customary and incidental to the principal use of the property, satellite earth station, amateur radio tower (see fences and walls in division (B)(4) above);

(7) Must contain a minimum of 40 acres, ten of which shall be subdivided and developed in the initial plat;

(8) Churches and church schools (but not dormitories); provided that, all buildings are located on a lot of at least 10,000 square feet in size or the minimum lot size in the district whichever is larger and are located not less than 50 feet from any lot line;

(9) Commercial, CBD, includes indoor business uses serving the daily needs of the immediate neighborhood as well as community level needs including the following and similar uses:

(a) Appliance, furniture and household equipment rentals;

(b) Places of assembly, including assembly halls, ballrooms, theaters;

(c) Automotive services including automobile service station, commercial parking lot, automotive repair, but not including body or radiator repair;

(d) Banks and other financial institutions;

(e) Business schools;

(f) Business support services;

(g) Charitable organizations;

(h) Churches;

(i) Day care center;

(j) Eating and drinking establishments with on-premises alcoholic beverage sale; provided, it is not within 100 feet of any residential district, and limited to the serving of food or beverages inside a building or adjacent, secure enclosure and live entertainment including music or dancing, but no adult entertainment;

(k) Emergency medical care facility;

(l) Governmental services, public utility offices and exchanges, excluding storage or repair services;

(m) Hotels and motels;

(n) Live entertainment, including music or dancing, but no adult entertainment;

(o) Lodges or fraternal associations;

(p) Medical and dental office, including veterinarians;

(q) Microbrewery;

(r) Office uses;

(s) Personal services and repair;

(t) Plant nursery, including wholesale and retail sales;

(u) Private recreational and clubs;

(v) Restaurant;

(w) Retail stores;

(x) Self storage warehouse;

(y) Shelter care facilities;

(z) Taxi stand, parking garages above or below ground;

(aa) Theaters, assembly halls, ballrooms and similar places of assembly;

(bb) Vehicle facilities for sales, leasing, rental and/or repair of automobiles, recreation vehicles, trucks and/or trailers, and where vehicles may be stored on site; and

(cc) Vehicle services including automobile service station, commercial parking lot, vehicle repair, new or used automobile, motorcycle, boat, truck and recreational vehicle sales and repair, vehicle repair garage; provided, the storage or parking of wrecked motor vehicles shall be within an enclosed building or a compound yard enclosed by a six-foot high solid wall, except for driveway openings.

(10) Commercial, highway includes indoor business uses serving the needs of travelers, visitors and tourists including only the following:

(a) Automotive services including automobile service station, automotive repair but not including body or radiator repair;

(b) Gift shop and convenience grocery store in conjunction with an automobile service station, motel or truck stop;

(c) Motel;

(d) Restaurant; and

(e) Truck stop.

(11) Provided that, such animals are household pets and that kennels are not maintained;

(12) Group homes and supervisory care facilities are permitted; provided that:

(a) No group home is located on a lot within 1,320 feet, measured by a straight line in any direction, from the lot line of another group home;

(b) When required by state or federal regulation, the home is licensed by, certified by, approved by, registered with or under contract with a federal, state or local government and evidence of such is provided to the Zoning Administrator;

(c) No change altering the property’s residential character shall be made to the exterior of the buildings or the grounds;

(d) The location of the group home has been approved by the Zoning Administrator; and

(e) An administrative record of each group home is maintained by the Zoning Administrator.

(13) HOME OCCUPATIONS shall mean any occupation or profession customarily conducted entirely within a dwelling unit and carried on by a member of the family residing therein; and which occupation or profession is clearly incidental and subordinate to the use of the dwelling unit for dwelling purposes; and does not change the character thereof; and in connection with which there are no employees other than an immediate member of the family residing in the dwelling unit; and no mechanical equipment except for that which is customarily used for domestic, hobby, or household purposes. Home occupations shall require a valid city business license, and shall have one client on premises by appointment only subject to the following limitations:

(a) Instructional occupations, including, but not limited to, art, dance, exercise, martial arts and music, shall have no more than four students on the premises at any one session; and

(b) Service occupations, including, but not limited to, accounting, automotive detailing, cabinet making, furniture making, hair dressing, sewing, tax preparation and taxidermy, shall have no more than one client on the premises at any time.

(14) Heavy industrial uses, including any kind of scientific research, manufacturing, compounding, assembling, processing or treatment; provided that:

(a) All uses shall be operated entirely within an enclosed building; except that, a junk yard operation shall be completely enclosed with a solid masonry wall and no material or other storage items shall be stacked higher than the height of the wall; and

(b) Dust, fumes, odors, refuse matter, smoke, vapor, noise, lights and vibrations shall be confined to the heavy industrial zone and controlled in accordance with city, county, state and federal environmental laws.

(15) Light industrial uses including any kind of scientific research, manufacturing, compounding, assembling, processing or treatment; provided that:

(a) All uses shall be operated entirely within enclosed buildings;

(b) Dust, fumes, odors, refuse matter, smoke, vapor, noise, lights, vibrations shall be confined to the interiors of the buildings and shall be controlled in accordance with all applicable city, county, state and federal environmental laws;

(c) Travel and parking portions of the lot shall be dust-proofed; and

(d) Such uses include, but are not limited to, the following:

1. Auction yard;

2. Bakery;

3. Printing and newspaper office;

4. Blacksmith shop;

5. Bottling works;

6. Builders supply yards;

7. Cabinet making shop;

8. Carpenter shop;

9. Commercial diary;

10. Commercial laundry;

11. Concrete batch plant only if portable;

12. Dairy processing and distribution plant;

13. Dry cleaning plant;

14. Electrical shop;

15. Frozen food locker (no slaughtering on the premises);

16. Furniture upholstering;

17. Greenhouses, (plant nurseries) for wholesale/retail distribution of plants grown on the site;

18. Heavy equipment sales and service;

19. Ice and cold storage plants;

20. Lumber yards;

21. Machine shops;

22. Plumbing shop;

23. Public utility facilities;

24. Publishing plant;

25. Roofing shops;

26. Sheet metal shops;

27. Tire vulcanizing;

28. Transportation depots;

29. Veterinary clinic including kennels and boarding;

30. Veterinary hospitals; and

31. Warehouse.

(16) Limited to:

(a) Public schools (limited to elementary, junior high and high school - other public schools are a conditional use);

(b) Public parks and playgrounds;

(c) Public golf courses including club houses, but not including miniature golf courses or practice driving tees;

(d) Other publicly owned and operated buildings or properties require a conditional use in all zoning districts other than the commercial and industrial zoning districts; and

(e) All publicly owned and operated buildings or properties are allowed as a use by right in the commercial and in the industrial zoning districts; provided that, all outdoor storage or operations are screened from all residential zoning districts and public rights-of-way.

(17) Public utility facilities required for local service, provided that there are no offices, no repair or storage facilities, no outdoor storage or full time employees related to the site;

(18) Radio and television studios; provided that, no masts or towers used for transmission or broadcasting purposes are erected on the premises, except as a conditional use;

(19) Recreational vehicle park subject to the requirements of §§ 158.180 and 158.181 of this chapter;

(20) Including model homes, temporary sales offices, and construction trailers;

(21) Limited to elementary, junior high and high school but not dormitories. Other private schools are a conditional use;

(22) Signs are subject to the sign chapter of this chapter;

(23) Mobile home park subject to the requirements of §§ 158.160 through 158.167 of this chapter;

(24) Modular homes may be erected in any zone allowing residential use in lieu of site built dwellings if all other requirements of this section are met:

(a) The components bear manufacturer’s certification indicating they meet all requirements of the Uniform Building Code for residential use;

(b) Any and all transporting gear is removed;

(c) The structure is placed on, and permanently affixed to, a permanent foundation meeting all requirements of the Uniform Building Code which requirements shall include but are not limited to exterior foundation insulation to a value of R-11 or more;

(d) The structure must meet all city building codes;

(e) No title is issued or the chapter is surrendered;

(f) The modular home installation is approved by the Building Inspector; and

(g) The dwelling unit is assessed as real property by the County Assessor.

(25) A one-family dwelling unit is allowed on each floor above the first floor or in the rear yard;

(26) The historic district zone is an overlay zone. Any use permitted by the existing zones over which historic district zoning is superimposed shall be allowed. The area zoned as a historic district shall be designated by its underlying zone name plus the preface “H”;

(27) Bed and breakfast uses are allowed as follows:

(a) With four guest sleeping rooms or less in all zoning districts except industrial; provided that, in residential districts, no bed and breakfast is located on a lot within 1,320 feet, measured by a straight line in any direction, from the lot line of another bed and breakfast; and

(b) With five or more guest sleeping rooms in only the R3, CBD, CR, HC and HP Districts.

(28) Additional uses in R1-7 Zoning District. Notwithstanding anything else contained herein to the contrary, the following additional uses will be permitted in R1-7 Zoning:

(a) Modular home as an allowed use in the R1-7 Zoning District, subject to the provisions of division (B)(22) above;

(b) One-family dwelling as an allowed use in the R1-7 Zoning District;

(c) Accessory uses as an allowed use in R1-7 Zoning District, subject to the provisions of division (B)(4) above;

(d) Cemetery human/pet as a conditional use in R1-7 Zoning District, subject to the provisions of division (B)(7) above; and

(e) Church as an allowed use in the R1-7 Zoning District, subject to the provisions of division (B)(2) above.

(29) Manufactured homes are allowed as follows:

(a) Dwelling must be multi-sectional;

(b) The unit must be installed on a foundation system in compliance with all applicable requirements of the Uniform Building Code;

(c) The home must be covered with an exterior material customarily used on conventional dwellings. The exterior covering material shall extend to the ground; except that, when a solid concrete or masonry perimeter foundation is used, the exterior covering material need not extend below the top of the foundation;

(d) The roof must be constructed of shingles or other material customarily used for conventional dwellings;

(e) All tow bars, wheels, axles and other towing equipment shall be removed when the dwelling is installed on a lot;

(f) Unit must be permanently affixed to the property and its title surrendered;

(g) When appropriate, permanent stairs/porch must be installed in lieu of temporary stairs/porch;

(h) The unit must not exceed five years of age on date of installation;

(i) Roof must support snow load of at least 40 pounds;

(j) Unit must possess a minimum 12-inch overhang for eaves; and

(k) Electric service must be mounted to structure of unit.

(30) Buildings constructed entirely or partially with metal siding, including the type of structure known as “Quonset Hut”, are allowed as principal and/or accessory buildings in Zones I-1 and I-2. Such buildings are also allowed as principal and/or accessory buildings in Zones RR and AR subject to the following provisions.

(a) Unpainted or gray metal or highly-reflective buildings are not acceptable.

(b) An accessory building shall have the same color siding as the principal building.

(c) An accessory building shall have the same color roof as the principal building.

(d) An accessory building shall have window and door types similar to the principal building.

(e) Landscaping shall be utilized to soften the impact of any such building and to shield it from view.

(31) No storage trailer or storage container shall be allowed in any residential or commercial zone, except for temporary use during construction and on the site of said construction;

(32) A storage trailer or storage container shall be allowed in an industrial zone on a temporary or permanent basis. Any such storage trailer or container on the property more than 90 days shall be deemed permanent, and must then be affixed to a permanent (non-movable) foundation. The Commission may recommend and Council may require that such storage trailers or containers be screened from view of adjacent and/or nearby properties;

(33) Business park uses serving the daily needs of the immediate neighborhood, the community and the surrounding area, as well as providing goods and services regionally, nationally and/or internationally; provided that:

(a) All uses shall be operated entirely within enclosed buildings;

(b) Dust, fumes, odors, refuse matter, smoke, vapor, noise, lights, vibrations shall be confined to the interiors of the buildings and shall be controlled in accordance with all applicable city, county, state and federal environmental laws;

(c) Travel and parking portions of the lot shall be paved per city standards;

(d) Business park uses include, but are not limited to, the following:

1. Assembly halls, ballrooms, theaters and other places of assembly;

2. Automotive services including automobile service station, commercial parking lot, automotive repair, but not including body or radiator repair;

3. Banks and other financial institutions;

4. Business offices, schools and support services;

5. Business support services;

6. Charitable organizations;

7. Churches;

8. Day care center;

9. Eating and drinking establishments with on-premises alcoholic beverage sale provided it is not within 100 feet of any residential district, and limited to the serving of food or beverages inside a building or adjacent, secure enclosure and live entertainment including music, or dancing, but no adult entertainment;

10. Emergency medical care facility;

11. Governmental services, public utility offices and exchanges, excluding storage or repair services;

12. Hotels;

13. Live entertainment including music or dancing, but no adult entertainment;

14. Lodges or fraternal associations;

15. Medical and dental office;

16. Parking garages, above or below ground;

17. Restaurants;

18. Retail stores;

19. Taxi stands; and

20. Vehicle facilities for sales, leasing, rental and/or repair of automobiles, recreation vehicles, trucks and/or trailers, and where vehicles may be stored on site.

(34) Accessory dwelling units (ADUs) may be permitted as follows.

(a) ADUs are allowed in certain designated residential zoning districts, either within, attached to or detached from existing or new residences, subject to all setbacks, open space and other density requirements of the district in which they are located, subject to all parking requirements of this chapter and subject to any codes, covenants and restrictions in effect for the property on which they are located.

(b) The principal residence must not be a mobile home.

(c) The ADU must be conventionally framed.

(d) The ADU square footage must not exceed 60% of the principal residence square footage.

(e) When platted with a new subdivision, ADUs may be located on the rear and interior side property lines provided that they are located above garages, and that:

1. Two such ADUs are designed and constructed together at the common intersection of the rear and interior lot lines of two lots having alley access; or

2. Four such ADUs are designed and constructed together at the common intersection of the rear and interior side lot lines of four lots.

(f) ADUs may be permitted in new multiple dwelling condominium developments.

(Prior Code, § 12-5.02)

(35) Medical marijuana facility, medical marijuana cultivation site and infusion food establishment. The operation of a medical marijuana facility, a medical marijuana cultivation site or an infusion food establishment shall only be allowed in accordance with the provisions, procedures and standards set forth in this division (B)(35).

(a) Basic use provisions.

1. The operation of a medical marijuana facility, a medical marijuana cultivation site or an infusion food establishment is not allowed by right in any zoning district.

2. The operation of a medical marijuana facility is allowed only in CBD, CR or I-1 District and only upon obtaining a conditional use permit for such use.

3. The operation of a medical marijuana cultivation site or an infusion food establishment is allowed only in CBD, CR or I-1 District and only upon obtaining a conditional use permit for such use.

(b) Application. The application procedures for a conditional use permit to operate a medical marijuana facility, a medical marijuana cultivation site or an infusion food establishment at a specified premises shall be the same as the application procedures stated in § 158.062 of this chapter for conditional use permits; except that, in addition to any other required submittals, an applicant shall provide:

1. The location of the premises at which the medical marijuana facility, the medical marijuana cultivation site or infusion food establishment will be operated;

2. The identity of the medical marijuana dispensary that will operate the medical marijuana facility or the medical marijuana cultivation site and, for an infusion food establishment, the identity of the operator of the establishment;

3. If the premises identified in the application is not owned by the medical marijuana dispensary making application for the conditional use permit, a written statement signed by the property owner authorizing the applicant to apply for the use permit for the premises and consenting to the use being requested in the application;

4. A site plan for the property on which the premises is located showing lot dimensions with front, sides and rear setbacks and, where applicable, its location within the larger development in which the property may be situated; and

5. An accurate, to-scale, floor plan clearly showing the configuration of the premises and stating the total floor space of the premises or portion thereof to be used for the purpose for which the conditional use permit is requested. In addition to any other information, the floor plan shall specifically identify and provide as applicable:

a. The location of the enclosed, locked facility in which cultivation or storage of medical marijuana will take place;

b. The total floor space for the enclosed, locked facility;

c. The location within the premises where infusion will take place;

d. All entrances and exits to and from the premises, indicating which such entrances are secured and which, if any, are not secured;

e. The location of any windows from which a member of the public can view activities occurring inside the premises;

f. Any additional security measures or devices to be installed in or upon the premises, including without limitation any on-site alarm system or security lighting; and

g. Additional protections, if any, against medical marijuana diversion and theft.

(c) Review. The review and approval of an application for a conditional use permit to operate a medical marijuana facility, a medical marijuana cultivation site or an infusion food establishment shall consider all relevant land use factors, including those stated in division (A) above for permitted uses, as well as the conditional use permit criteria and location requirements stated in this division (B)(35).

(d) Approval. An application for a conditional use permit under §§ 158.060 through 158.063 of this chapter may be approved or denied by the City Council, based upon the findings set forth in this division (B)(35). Approval of such a use permit application shall not be construed as any endorsement by the city of the use or operation for which the conditional use permit has been requested by the applicant.

(e) Conditional use permit criteria. The premises in or upon which shall be operated a medical marijuana facility, a medical marijuana cultivation site or an infusion food establishment shall:

1. Be located in a permanent building and shall not be located in a temporary structure, trailer, cargo container, motor vehicle or other similar non-permanent enclosure;

2. Not be larger than 1,000 gross square feet for a medical marijuana facility and 3,000 gross square feet for a medical marijuana cultivation site. The secure storage area shall not exceed 500 square feet in a medical marijuana facility and 1,000 square feet in a medical marijuana cultivation site;

3. If a combined dispensary and cultivation site, may not exceed 4,000 gross square feet; and

4. Be operated only by a medical marijuana dispensary or, in the case of an infusion food establishment, a person or entity authorized by state law to infuse edible food products, who does:

a. Comply with all registration and recordkeeping required by city, county and state law;

b. Obtain, maintain and display a valid city business registration or license as may be required by city code;

c. Not sell merchandise other than medical marijuana and related supplies;

d. Not have or operate drive-through facilities or take-out windows;

e. Not emit dust, fumes or vapors or the environment;

f. Prohibit consumption of medical marijuana on the premises;

g. Not permit outdoor seating anywhere on the premises. Where the premises is located within a larger commercial or industrial development having walkways or other common areas containing already existing outdoor seating required as a condition of the zoning for the development, then no new outdoor seating shall be located immediately adjacent to the premises;

h. Allow annual fire inspections pursuant to the city code; and

i. Have operating hours not earlier than 8:00 a.m. and not later than 7:00 p.m.

(f) Separation requirements.

1. A medical marijuana facility or a medical marijuana cultivation site shall be located a minimum distance from the uses set forth in the table below. Measurements shall be made in a straight line in any direction from the closest property line of the medical marijuana facility or medical marijuana cultivation site to the nearest lot line of any parcel containing uses identified in the table. No separation is required when a medical marijuana facility or a medical marijuana cultivation site is separated from another such facility or site by a freeway.

2. Medical marijuana separation table:

Use or Use Classification	Separation Requirement (feet)
Another medical marijuana facility or cultivation site	2,000
Charter schools, public schools or private schools	500
Licensed day care center, public or private	500
Residential zoning district boundary	60

3. As part of the conditional use permit review process, the City Council may allow minor deviations to the separation requirements if Council finds that, under the particular circumstances, the subject premises is so located as to satisfy the intent of the separation requirements.

(g) Issuance of conditional use permit.

1. A conditional use permit under this division (B)(35) must be reviewed annually and shall be submitted at the same time as required for the renewal of the city business license, except as provided in divisions (B)(35)(g)1. and (B)(35)(g)2. below.

2. A conditional use permit issued under this division (B)(35) shall be deemed void and to have automatically expired if the permitted use is not commenced by the permit holder or substantial construction has not taken place within nine months after the date of City Council approval.

3. The validity of a conditional use permit under this division (B)(35) is further conditioned upon the permit holder and the permitted premises being at all times in compliance with applicable city building codes, development standards and other land use regulations stated in the zoning code or any other ordinance or code adopted by the city.

(h) Non-transferability of use permit. A use permit issued under this division (B)(35) is not transferable to any other location or premises, nor is it valid for any other use or business associated with a medical marijuana dispensary that is not specifically identified in the conditional use permit.

(i) Conditional use permit renewal.

1. A conditional use permit under this division (B)(35) may be reviewed by filing an application for renewal on a form provided by the Zoning Administrator. The application for renewal shall be received by the Zoning Administrator not less than 70 days before the expiration of the permit. When the application for renewal is received less than 70 days before the expiration date, the expiration of the use permit shall not be delayed, postponed or otherwise affected.

2. An application for renewal shall be considered following the same procedures as an original application. The application for renewal may be denied for any reason that an original application may be denied or revoked or if the subject property is in violation of the terms of the original application.

3. A medical marijuana facility or medical marijuana cultivation site lawfully operating is not rendered in violation of the distance requirements set forth above if, subsequent to the initial granting of the conditional use permit under this division (B)(35), any of the uses identified in the table above are constructed or located within the required separation area. This provision applies only to the renewal of a valid use permit and does not apply when an application for a conditional use permit is submitted after a use permit has expired or has been revoked.

(j) Revocation or suspension. A conditional use permit issued pursuant to this division (B)(35) is subject to revocation or suspension in accordance with provisions of this chapter.

(Prior Code, § 12-5.02)

(Ord. 747, passed - -1995; Ord. 750, passed - -1996; Ord. 772, passed - -1997; Ord. 844, passed - -2004; Ord. 892, passed - -2008; Ord. 916, passed 4-28-2011; Ord. 937, passed 12-12-2013; Ord. 968, passed 6-28-2018)