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HomeMy WebLinkAboutOrd. 1131 Add Section 155.320 - Cannabis Businesses CITY OF APPLE VALLEY ORDINANCE NO. 1131 AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING CHAPTER 155 OF THE CITY CODE TO ADD SECTION 155.320 REGULATING CANNABIS BUSINESSES, HEMP BUSINESSES, AND CANNABIS EVENTS The City Council of Apple Valley ordains: Section 1. Chapter 155 of the Apple Valley City Code is hereby amended by adding Section 155.320 to read as follows: CANNABIS BUSINESSES,HEMP BUSINESSES,AND TEMPORARY CANNABIS EVENTS § 155.320 CANNABIS BUSINESSES,HEMP BUSINESSES,AND TEMPORARY EVENTS. (A) Purpose. The purpose of this section is to regulate the time,place, and manner of the operation of cannabis businesses, hemp businesses, and temporary cannabis events as authorized by Minnesota Statutes, Chapter 342. The regulations set forth in this section further and promote the city's interests relative its purposes for zoning regulations as set forth in Section 155.001 and to ensure compatibility of surrounding land uses. (B) The definitions of words and phrases contained in Minn. Stat. § 342.01 and the Rules promulgated by the Office of Cannabis Management shall apply to this section unless defined differently herein. The following words and phrases shall have the meanings stated: CANNABIS CULTIVATION and CULTIVATE CANNABIS. Growing cannabis plants from seed or immature plant to mature plant, harvesting cannabis flower from mature plant, packaging and labeling immature plants and seedlings and cannabis flower for sale to other cannabis businesses, transporting cannabis flower to a cannabis manufacturer located on the same premises, and performing other actions approved by the Office of Cannabis Management. CANNABIS CULTIVATOR. A business that cultivates cannabis and packages cannabis for sale to another cannabis business. CANNABIS DELIVERY SERVICE. A business that purchases cannabis flower, cannabis products, and hemp products from cannabis retailers or cannabis businesses with a retail endorsement for the purpose of transport and delivery to customers. CANNABIS EVENT ORGANIZER. A person or entity who organizes or operates temporary cannabis events. 1 CANNABIS MANUFACTURER. A business manufacturing and/or packaging cannabis products and hemp products for sale to a cannabis retailer. CANNABIS MEZZOBUSINESS. A business that may cultivate cannabis and manufacture cannabis products and hemp products and package such products for sale to customers or another licensed business, and that may operate up to three retail locations with a retail operations endorsement. CANNABIS MICROBUSINESS. A business that may cultivate cannabis and manufacture cannabis products and hemp products and package such products for sale to customers or another licensed business, and that may operate a single retail location with a retail operations endorsement. CANNABIS RETAIL BUSINESS. A business that is licensed or required to be licensed by the State of Minnesota as a cannabis retailer, cannabis mezzobusiness with retail operations endorsement, cannabis microbusiness with retail operations endorsement, or medical cannabis combination business operating a retail location. CANNABIS RETAILER. A business that sells immature cannabis plants and seedlings, cannabis flower, cannabis products, hemp products, and other products authorized by law to customers and patients, including a cannabis microbusiness with a retail operations endorsement, cannabis mezzobusiness with a retail operations endorsement, and medical cannabis combination business to the extent it is engaged in retail sales exclusively at a location off-site of its cultivation or manufacturing operations, selling only its cultivated cannabis or manufactured cannabis products. CANNABIS TESTING FACILITY. A business that obtains and tests immature cannabis plants and seedlings, cannabis flower, cannabis products, and hemp products. CANNABIS TRANSPORTER. A business that transports immature cannabis plants and seedlings, cannabis flower, cannabis products, and hemp products to licensed cannabis businesses. CANNABIS WHOLESALER. A business that purchases and/or sells immature cannabis plants and seedlings, cannabis flower, cannabis products, and hemp products from another licensed cannabis business, and/or imports hemp-derived consumer products and lower-potency hemp edibles. HEMPRETAIL BUSINESS. A business that is licensed or required to be licensed by the State of Minnesota as a lower-potency hemp edible retailer. LOWER-POTENCYHEMP EDIBLE MANUFACTURER. A business that manufacturers and packages lower-potency help edibles for consumer sale, and/or sells hemp concentrate and lower-potency hemp edibles to other cannabis businesses and hemp businesses. 2 LOWER-POTENCY HEMP EDIBLE RETAILER. A business that sells lower-potency hemp edibles to customers. MEDICAL CANNABIS COMBINATION BUSINESS. A business that cultivates cannabis and manufactures cannabis and hemp products, and packages such products for sale to customers,patients, or other licensed cannabis businesses, and may operate one retail location per congressional district. TEMPORARY CANNABIS EVENT. An event lasting no more than 4 days at which cannabis products, cannabis flower, lower-potency hemp edibles, and hemp-derived consumer products may be sold and consumed and for which the organizer has a cannabis event organizer license issued by the Office of Cannabis Management. (C) Zoning. The operation of a cannabis business, a hemp business, and a temporary cannabis event, as the terms are defined herein, shall be limited to property zoned for commercial, industrial, and agricultural uses as specifically set forth below for each type of cannabis business and hemp business: i in Commercial Industrial PD Zoning District NCC LB GB RB SC VB BP 1-1 1-2 PD AG Business Type PD- Cannabis Retailer P P P P R Cannabis Microbusiness P* P* P* Cannabis Mezzobusiness P* P* P* Cannabis Cultivator(Indoor only) P P P Cannabis Cultivator(Outdoor) P P P P Cannabis Manufacturer P P P Cannabis Wholesaler P P P Cannabis Transporter P P P Cannabis Testing Facility P P P Cannabis Event Organizer Temporary Event P P P P Cannabis Delivery Service P P P P P* P* P* Medical Cannabis Combination Business PD- (Retail location only) P P P P R Medical Cannabis Combination Business P* P* P* (Cultivation and processing) Lower-potency Hemp Edible Manufacturer P* P* P* PD Lower-potency Hemp Edible Retailer P P P P P P R * Retail sale of its cultivated cannabis or manufactured cannabis products is a permitted accessory use,provided the business has retail operation endorsement under its state license and shall be subject to the accessory retail sales regulations for the applicable zoning district regulations as set forth elsewhere in this Chapter. Notes: "P"means Permitted; and"PD-R"means Permitted in Planned Development districts (or zones therein)that permit freestanding or multi-tenant retail building stores and shops. (D) Cannabis business and hemp business regulations and performance standards. (1) Minnesota state license required. It is unlawful for any person or legal entity to operate or permit the operation of a cannabis business or hemp business without first obtaining, and having in effect, a license from the Office of Cannabis Management for the cannabis business or hemp business operated. Notwithstanding the foregoing, a cannabis business with license preapproval from the Office of Cannabis Management may cultivate cannabis in accordance with the preapproval and state law. (2) Citj,registration required. Cannabis retail businesses and hemp retail businesses shall register with the city as required in Title XI of this Code. (3) Buffers. Cannabis businesses shall not be located within: (a) 1,000 feet of an elementary or secondary school (K-12 grades); (b) 500 feet of a state licensed day care center, including preschool programs, state licensed residential treatment facility, or an attraction within a public park that is regularly used by minors, including a playground or athletic field; or (c) 1000 feet of an existing lawful cannabis business, measured by a line from the nearest point on the property boundary line of the property on which the existing business is located to the nearest property boundary line of the property on which a business is proposed to be located. The setback buffers set forth in clauses (a) and(b) do not apply to an existing licensed and registered cannabis retailer in operation if one of the setback special uses subsequently commences operation within the setback buffer area. (4) Consumption or use of cannabis at or on the property of a cannabis business is prohibited except as follows: (a) A cannabis microbusiness with an on-site consumption endorsement may permit on-site consumption of edible cannabis products and lower-potency hemp edibles in compliance with state law; and (b) A cannabis business may permit on-site consumption of cannabis and hemp products by an employee in compliance with state law. 4 (E) Signage. Cannabis businesses and hemp businesses may have up to two outdoor signs fixed to the exterior of the building or upon the property of the business. The signage shall comply with the sign permit and regulations set forth in Chapter 154 of this Code. The signage shall not contain imagery as prohibited by, and shall be in accordance with, state statute. (F) Minimum required off-street parking. Cannabis businesses and hemp businesses shall meet the minimum off-street parking requirements for the use (manufacturing, retail store, etc.) as set forth elsewhere in this chapter. (G) Application of Other Zoning Regulations. If not otherwise set forth specifically in this section, all zoning regulations in this chapter shall apply to cannabis businesses, hemp businesses and temporary cannabis events. (H) Temporary cannabis event. (1) Restrictions. A cannabis event organizer required to obtain a license from the state may host a temporary cannabis event provided the following requirements are met and the event complies with the requirements of a temporary outdoor event regulated elsewhere in this Chapter: (a) A temporary cannabis event may only occur in those zoning districts as set forth above in this Section; (b) The setback from any property line of any residential use or residential zoned property shall be no less than 200 feet and the setback for cannabis business as set forth elsewhere in this Section shall apply to any temporary cannabis event; (c) The event may last no longer than four(4)days (96 hours); and (d) Consumption or use of cannabis at or on the property of a temporary cannabis event is prohibited. Section 2. Summary approved. The City Council hereby determines that the text of the summary marked "Official Summary of Ordinance No. 1131"a copy of which is attached hereto clearly informs the public of the intent and effect of the ordinance. The City Council further determines that publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. Section 3. Filing. A copy of the ordinance shall be filed in the office of the City Clerk. This copy shall be available for inspection by any person during regular office hours. Section 4. Publication. The City Clerk shall publish the title of this ordinance and the official summary in the official newspaper of the City with notice that a printed copy of the ordinance is available for inspection by any person during regular office hours at the Office of the City Clerk. Section 5. Effective date. This ordinance shall take effect upon its passage and the publication of its title and the official summary. 5 PASSED by the City Council this 24th day of October, 2024. Clint Hooppaw, Mayor ATTEST: ch,4E Christina M. Scipioni, City lerk 6 CITY OF APPLE VALLEY ORDINANCE NO. 1131 AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING CHAPTER 155 OF THE CITY CODE TO ADD SECTION 155.320 REGULATING CANNABIS BUSINESSES, HEMP BUSINESSES, AND CANNABIS EVENTS The following is the official summary of Ordinance No. 1131 passed by the City Council of Apple Valley on October 24, 2024: Chapter 155 of the City Code is amended by adding a Section 155.320 which establishes zoning and performance standards for cannabis businesses, hemp businesses, and temporary cannabis events. A printed copy of the ordinance is available for inspection by any person during regular office hours in the office of the City Clerk at the Apple Valley Municipal Center, 7100 147th Street W., Apple Valley,Minnesota 55124. 7 AFFIDAVIT OF PUBLICATION CITY OF APPLE VALLEY ORDINANCE NO.1131 STATE OF MINNESOTA )ss AN ORDINANCE OF THE COUNTY OF DAKOTA CITY OF APPLE VALLEY, MINNESOTA, I do solemly swear that the notice,as per the AMENDING CHAPTER 155 proof,was published in the edition of the OF THE CITY CODE TO ADD SECTION 155.320 REGULATING CANNABIS Dakota County Tribune BUSINESSES, HEMP BUSINESSES,AND with the known office of issue being located CANNABIS EVENTS in the county of: The following is the official DAKOTA summary of Ordinance No. 1131 with additional circulation in the counties of: passed by the City Council of Apple DAKOTA Valley on October 24,2024: and has full knowledge of the facts stated Chapter 155 of the City Code is below: amended by adding a Section (A)The newspaper has complied with all of 155.320 which establishes zon- the requirements constituting qualifica- ing and performance standards for cannabis businesses, hemp tion as a qualified newspaper as provided businesses,and temporary Can- by Minn.Stat.§331A.02. nabis events. (B)This Public Notice was printed and pub- lished in said newspaper(s) once each A printed copy of the ordinance week, for 1 successive week(s); the first is available for inspection by any person during regular office hours insertion being on 11/01/2024 and the last in the office of the City Clerk at insertion being on 11/01/2024. the Apple Valley Municipal Center, 7100 147th Street W.,Apple Valley, MORTGAGE FORECLOSURE NOTICES Minnesota 55124. Pursuant to Minnesota Stat. §580.033 Published in the relating to the publication of mortgage Dakota County Tribune foreclosure notices: The newspaper complies November 1,2024 with the conditions described in §580.033, 1430417 subd. 1, clause (1) or(2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. By: Designated AJ.nt Subscribed and sworn to or affirmed before me on 11/01/2024 An b Notary Public t,y4''a Darlene Marie MacPherson Notary Public Minnesota w�°~ My Commission 6ow Jan.31,2029 F. Rate Information: (1)Lowest classified rate paid by commercial users for comparable space: $999.99 per column inch Ad ID 1430417