§ 23.08.428. Cannabis Dispensaries (L-5).

a.

Limitation on use.

(1)

Cannabis dispensary structures shall not be open to the public for retail sales. Only dispensaries requiring a Type 9 Non-Storefront Retailer State license are allowed. Dispensaries requiring a Type 10 Retailer State license are prohibited.

(2)

Cannabis dispensaries not operating within a permanent structure (mobile dispensaries) are prohibited.

(3)

Cannabis dispensaries within a permanent structure that are not open to the public for retail sales (mobile deliveries only) may be permitted in the Agriculture - Non-Prime Soils (AGnps), Commercial Service (CS) within an Urban Reserve Line (URL) only, Industrial (IND), Residential Rural (RR), and Rural Lands (RL) land use categories subject to a land use permit.

(4)

Cannabis dispensaries in the RR and RL land use categories are limited to the dispensing of cannabis that is grown on site.

(5)

Cannabis dispensaries in the AGnps land use category are limited to the dispensing of cannabis that is grown on site, or cannabis products manufactured with cannabis grown on site.

b.

Land use permit required. All cannabis dispensaries shall require Minor Use Permit approval unless a Conditional Use Permit is required by another Section of this Title.

c.

Application requirements. In addition to any specific requirements in this Section, land use permit applications shall comply with the requirements of Chapter 23.02 and Section 23.08.423.

(1)

A security plan that includes lighting, security video cameras, alarm systems and secure area for cannabis storage. The security plan shall include a requirement that there be at least 30 (thirty) business days of surveillance video (that captures both inside and outside images) stored on an ongoing basis, and the surveillance video shall have real-time access for the Sheriff's Office. The video system for the security cameras must be located in a locked, tamper-proof compartment.

d.

Dispensary standards.

(1)

Location.

(i)

Cannabis dispensaries with storefronts not open to the public (mobile deliveries) shall not be located within six hundred (600) feet from any pre-school, elementary school, junior high school, high school, library, park, playground, recreation or youth center, or drug and/or alcohol recovery or licensed sober living facility. Distance shall be measured from the structure that contains the manufacturing to the property line of the enumerated use using a direct straight-line measurement.

(ii)

A new adjacent use does not affect the continuation of an existing use that was permitted and legally established under the standards of this Section.

(2)

Setbacks. Setbacks are required as set forth in Section 23.04.100.

(3)

Hours of operation. Dispensaries may operate from 8:00 a.m. until 8:00 p.m. daily.

(4)

Mobile deliveries. Deliveries from a legally established and permitted cannabis dispensary, within a permanent structure are allowed under this Section.

(5)

Mobile dispensaries. Mobile dispensaries are prohibited.

e.

Required findings. In addition to the mandatory findings required by Section 23.02.034.C.4, the Review Authority shall make the following additional findings in order to approve a land use permit under this subsection:

(1)

The cannabis dispensary, as proposed, will comply with all of the requirements of State and County for the dispensing of cannabis, including dual licensure and participation in an authorized track and trace program;

(2)

The cannabis dispensary will not be open to the public (mobile deliveries only) and will not be located within six hundred (600) feet from any pre-school, elementary school, junior high school, high school, library, park, playground, recreation or youth center, licensed drug or alcohol recovery facility, or licensed sober living facility;

(3)

The cannabis dispensary includes adequate measures that address enforcement priorities for cannabis activities including restricting access to minors, and ensuring that cannabis and cannabis products are obtained from and supplied only to other permitted licensed sources within the State and not distributed out of State.

(4)

(For dispensary sites with verified cannabis-related violations within the last twenty-four (24) months.) The proposed project or use will not contribute to repeat violation on the site. The subject site is in compliance with all laws, rules, and regulations pertaining to land uses, building and construction, health and safety, and any other applicable provisions of this Title, and such violation processing fees have been paid.

[Added 2017, Ord. 3357]