Chapter 16-86
CANNABIS BUSINESS ESTABLISHMENTS
Sections:
16-86-010 Cannabis business establishments.
16-86-020 Application requirements.
16-86-030 Cannabis business establishment conditions.
16-86-010 Cannabis business establishments.
All cannabis business establishments must comply with the requirements of this chapter. (Ord. 3460 § 3(M), 2022; Ord. 3459 § 3(K), 2022)
16-86-020 Application requirements.
In addition to all other applicable application requirements, all cannabis business establishments must submit the following with each special use permit application:
A. A complete copy of all applications and plans submitted for required state licenses;
B. Such other plans and documents the zoning administrator deems necessary to evaluate the cannabis business establishment’s compliance with the special use standards, and state and local laws, including, but not limited to:
1. Air treatment and odor control plan;
2. Architectural plans and elevations;
3. Building material samples;
4. Business and operational plan;
5. Cannabis waste recycling and destruction plan;
6. Engineering plan;
7. Floor plan;
8. Inventory control plan;
9. Landscape and buffering plan;
10. Lighting plan;
11. Plat of survey;
12. Security plan;
13. Sign plan;
14. Site plan which, for cannabis dispensaries and medical cannabis dispensaries, shows adequate public access, the layout promotes the safe dispensing of cannabis, the location is sufficient in size, power allocation, lighting, parking, handicapped accessible parking spaces, accessible entry and exits as required by the Americans with Disabilities Act, product handling, and storage; and
15. Traffic impact and parking analysis statement; and
C. A recoverable costs agreement, in a form acceptable to the zoning administrator, to reimburse the city for the actual costs incurred in processing the application, including costs for legal publication, court reporter services, administrative preparation and review, document preparation and review, professional and technical consultants, traffic study, legal review and consultation, and document recording. (Ord. 3460 § 3(M), 2022; Ord. 3459 § 3(K), 2022)
16-86-030 Cannabis business establishment conditions.
In addition to any special use permit conditions or restrictions, cannabis business establishments must comply with the conditions provided in this section.
A. Compliance With Laws. All cannabis business establishments must comply with all applicable state and local laws, including the Cannabis Regulation and Tax Act, as amended, the Compassionate Use of Medical Cannabis Program Act, as amended, and applicable administrative rules.
B. Compliance With Plans. The development, use, operation, and maintenance of the cannabis business establishment will be in substantial compliance with all application documents and plans, except for minor changes and site work approved by the code official in accordance with all applicable city rules, regulations, and ordinances.
C. Minimum Distance Requirements. In addition to those minimum distance requirements imposed by state law, any building used for a cannabis business establishment may not be located within two hundred fifty (250) feet of property used for a public or private preschool, elementary school, or secondary school; day care center, day care home, group day care home, or part-day child care facility.
D. Screening Requirements.
1. In addition to other screening requirements required by this title, any property used for a cannabis business establishment must be effectively screened by a solid fence, wall, berm, densely planted evergreen screening, or combination thereof, to a minimum height of four (4) feet along any lot line which is adjoining or is directly across a street or alley from a preexisting church, religious institution, or place of worship; property in the R1, R2, and RM residential zoning districts.
2. In addition to other screening requirements required by this title, any property used for a dispensary or medical cannabis dispensary must be effectively screened by a solid fence, wall, berm, densely planted evergreen screening, or combination thereof to a minimum height of four (4) feet along any lot line which is adjoining or is directly across a street or alley from a preexisting liquor store.
3. The planning and zoning commission may recommend, and the city council may approve, other and further screening requirements for a cannabis business establishment as a special use permit condition.
E. Security. In addition to all state-imposed security requirements, the city council may require a cannabis business establishment to provide sufficient additional safeguards in response to any special security concerns relative to a particular business.
F. Air Treatment. In addition to all state-imposed air treatment requirements, the city council may impose additional air treatment requirements on a cannabis business establishment to control odor and promote compliance with city nuisance ordinances and other ordinances.
G. Traffic. The zoning administrator may obtain a traffic study at the applicant’s expense if the proposed cannabis business establishment is expected to substantially increase traffic on city streets.
H. Drive-Through Windows. Drive-through windows are prohibited at cannabis business establishments.
I. Random Inspections. In addition to those inspections authorized by state law, all cannabis business establishments are subject to inspections by the code official with the assistance of the city attorney, the police department, or other city agents and employees when reasonable cause exists to believe there is a violation of state law or regulations or city ordinances.
J. Cannabis Waste. All cannabis business establishments must comply with all state, county, and city regulations governing cannabis waste.
K. Hours of Operation. Unless otherwise prescribed by state law, the city council may impose hours of operation for a cannabis business establishment as a condition to reduce conflicts with surrounding land uses.
L. On-Premises Cannabis Consumption Prohibition. On-premises cannabis consumption establishments are prohibited. No cannabis business establishment may allow the smoking, inhalation, or consumption of cannabis on the premises in any form on the premises. A sign, at least eight and one-half (8.5) by eleven (11) inches, shall be posted inside the cannabis business establishment in a conspicuous place and visible to patrons and shall include the following language: “Smoking, eating, drinking or other forms of consumption of cannabis products is prohibited on the premises of this establishment.”
M. Unconditional Agreement and Consent. All cannabis business establishments must file an unconditional agreement and consent to accept and abide by the city code and each and all of the special use permit conditions, in a form provided by the city.
N. State License. Before issuance of a certificate of occupancy or otherwise opening to the public, cannabis business establishments must file a copy of all required state licenses to operate as a cannabis business establishment with the zoning administrator.
O. Nontransferability. Unless otherwise expressly provided by ordinance, the privileges, obligations, and provisions of a special use permit for a cannabis business establishment:
1. Are for the sole benefit of and will be binding on the applicant; and
2. May not be transferred to any other person or entity without a new application for approval for a person or entity other than the applicant. (Ord. 3460 § 3(M), 2022; Ord. 3459 § 3(K), 2022)
16-86-040 Number.
The city council may establish the number of each type of cannabis business establishment allowed in the city by resolution. (Ord. 3460 § 3(M), 2022; Ord. 3459 § 3(K), 2022)
16-86-050 Co-location.
The city council may approve the co-location of a cannabis dispensary with a cannabis craft grower or a cannabis infuser, or both, subject to the provisions of state law, and compliance with the underlying district or accessory use regulations and the conditions required by this chapter. (Ord. 3460 § 3(M), 2022; Ord. 3459 § 3(K), 2022)