The City proposes a 12-month moratorium on the cultivation, processing and dispensing of cannabis. In November 2016, the State constitution was amended legalizing medical marijuana. The State Legislature and Department of Health have six months to establish the applicable regulations. The City may find that the future State regulations require local regulations, such as a permitting/licensing system.
In March 2016, the City amended the Land Development Code to establish “restrictive personal service uses which are defined as “commercial retail and service uses, including, blood plasma centers, body piercing establishments, check cashing stores, day labor establishments, pawn shops, tattoo parlors and cannabis dispensing/processing/cultivation enterprises which may tend to have a blighting and/or deteriorating effect upon surrounding areas and that may need to be dispersed from other similar uses to minimize their adverse impacts.” These uses are permitted in the General Commercial (C-2) and Highway Commercial (HC) zoning districts, with development standards addressing setbacks, minimum lot area, minimum lot width, height maximum, parking and design criteria. They are subject to minimum separation distances from other restricted personal service uses (regardless of jurisdiction), public or private day care centers, places of worship, public parks, libraries, recreation centers, public or private schools and adult uses.
The Development Department recommends establishing this 12-month moratorium on cannabis uses to study the regulations and standards the State will have established for medical marijuana uses and to modify, if necessary, the regulations it has previously adopted.
The proposed new language is shown with underlining and deleted language is shown with strikethrough.
Compatibility with Comprehensive Plan:
The proposal is consistent with the following Comprehensive Plan objectives and policies:
- FLU 1.3.2 - The City shall promote commercial development that serves to maintain or enhance the economic health of the City, and to increase job opportunities, per capita income and convenience for residents.
- FLU 1.3.3 - Commercial land uses shall be located in a manner which ensure the compatibility with the type and scale of surrounding land uses and where existing or programmed public facilities shall not be overburdened.