Tower Planning/Zoning to consider changes to cannabis business ordinances
The city of Tower Planning and Zoning Commission is hosting a public hearing at 5 p.m. May 27 at the civic center to review amendments to city ordinances regarding cannabis businesses.
Two amendments will be considered. Written comments may also be submitted to City Hall prior to the hearing.
The amendments include: Section 1. Article III, Section 3.02 #63 of Ordinance 82, Zoning Regulations is hereby amended to add the following definitions:
“ Article III, Section 3.02 “Cannabis Business” shall include the following, all of whichmust be licensed through the State and the Office of Cannabis Management under Minn. Stat.£342: cannabis microbusiness, cannabis mezzobusiness, cannabis cultivator, cannabis manufacturer, cannabis retailer, cannabis wholesaler, cannabis transporter, cannabis testing facility, cannabis event organizer, cannabis delivery service, lower-potency hemp edible manufacturer, lowerpotency hemp edible retailer, medical cannabis combination business.”
Section 2. Article VIII, Section 8.02 of Ordinance 82 is hereby amended to add the following provisions: Article VIII Section 8.02 Permitted Use but Not Limited To: Cannabis retail business and lower potency hemp edible retailer shall be allowed in the C1 district subject to all requirements in the City of Tower Ordinance XXX. Cannabis retail business shall be further subject to the buffer zones set forth below: A. The City of Tower shall prohibit the operation of a cannabis business within 1,000 feet of a school.
B. The City of Tower shall prohibit the operation of a cannabis business within 500 feet of a day care.
C. The City of Tower shall prohibit the operation of a cannabis business within 500 feet of a residential treatment facility. D. The City of Tower shall prohibit the operation of a cannabis business within 500 feet of an attraction within a public park that is regularly used by minors, including a playground or athletic field.
E. The City of Tower shall prohibit the operation of a cannabis retail business within 500 feet of another cannabis retail business.
F. Pursuant to Minn. Stat. 462.367 subd. 14, nothing in Section 3.1 shall prohibit an active cannabis business or a cannabis business seeking registration from continuing operation at the same site if a school/daycare/residential treatment facility/ attraction within a public park that is regularly used by minors moves within the minimum buffer zone. G. No Cannabis or Hemp Business shall operate as a “home occupation” as defined in Ordinance 82, Article III-Definitions 2 Section 3. Article IX, Section 9.01 of Ordinance 82 is hereby amended to add the following provisions: Article IX Section 9.01 Permitted Use: Cannabis retail business and lower-potency hemp edible retailer shall be allowed in the C-2 district subject to all requirements in the City of Tower Ordinance XXX Cannabis retail business shall be further subject to the buffer zones set forth below: A. The City of Tower shall prohibit the operation of a cannabis business within 1,000 feet of a school.
B. The City of Tower shall prohibit the operation of a cannabis business within 500 feet of a day care.
C. The City of Tower shall prohibit the operation of a cannabis business within 500 feet of a residential treatment facility. D. The City of Tower shall prohibit the operation of a cannabis business within 500 feet of an attraction within a public park that is regularly used by minors, including a playground or athletic field.
E. The City of Tower shall prohibit the operation of a cannabis retail business within 500 feet of another cannabis retail business.
F. Pursuant to Minn. Stat. 462.367 subd. 14, nothing in Section 3.1 shall prohibit an active cannabis business or a cannabis business seeking registration from continuing operation at the same site if a school/daycare/residential treatment facility/ attraction within a public park that is regularly used by minors moves within the minimum buffer zone. G. No Cannabis or Hemp Business shall operate as a “home occupation” as defined in Ordinance 82, Article III-Definitions Section 4. Article X, Section 10.03 of Ordinance 82 is hereby amended to add the following provisions: Article X Section 10.03 Conditional Use Permits. Cannabis microbusiness, Cannabis mezzobusiness, Cannabis cultivator, Cannabis manufacturer, Cannabis wholesaler, Cannabis transporter, Cannabis testing facility, Cannabis delivery service, Lower-potency hemp edible manufacturer and Medical cannabis combination business shall be allowed in 1-1 zoning district on a conditional use permit subject to all requirements in the City of Tower Ordinance XXX and the buffer zones set forth below: A. The City of Tower shall prohibit the operation of a cannabis business within 1,000 feet of a school.
B. The City of Tower shall prohibit the operation of a cannabis business within 500 feet of a day care.
C. The City of Tower shall prohibit the operation of a cannabis business within 500 feet of a residential treatment facility. D. The City of Tower shall prohibit the operation of a cannabis business within 500 feet of an attraction within a public park that is regularly used by minors, including a playground or athletic field.
E. The City of Tower shall prohibit the operation of a cannabis retail business within 500 feet of another cannabis retail business.
F. Pursuant to Minn. Stat. 462.367 subd. 14, nothing in Section 3.1 shall prohibit an active cannabis business or a cannabis business seeking registration from continuing operation at the same site if a school/daycare/residential treatment facility/ attraction within a public park that is regularly used by minors moves within the minimum buffer zone. G. No Cannabis or Hemp Business shall operate as a “home occupation” as defined in Ordinance 82, Article III-Definitions Section 5. List of Permissible Uses and Conditional Uses On the following table, the uses listed are the primary use in the district. An open circle, “O”, means that the use is permitted in that district, only if a conditional use permit is granted by the City Council. An “I” means that the use is permitted in that districted only if an interim use permit is granted by the City Council. An “X” means that the use is permitted in the district, subject to the general provisions of the Zoning Chapter. A blank space means that the use is not permitted in the district. For uses not included on this list, application shall be made to the City Council for a determination that the proposed use is or is not of the same general character as a permitted, not permitted, or conditional use.