23C.25.010 Cannabis Retail

A.    General

1.    Cannabis Retailer, including Storefront Retailer, Delivery-Only Retailer, A-Retailer, and M-Retailer, is defined in Section 12.21.020.

2.    An M-Retailer existing and authorized as of January 1, 2010 that does not comply with this Section may continue at its current medical cannabis dispensing location as a legal nonconforming use. Notwithstanding Section 23C.04.060 or subdivision (B) of this Section, the Zoning Officer may approve an Administrative Use Permit to allow the expansion of a legal nonconforming medical cannabis dispensary onto an adjacent parcel.

3.     Cannabis Retailers in good standing with State and local regulations, including obtaining all necessary licenses and full payment of all fees and with no outstanding violations, may seek approval for a change in location. Applications for a change of location shall be evaluated based on the requirements to operate a Cannabis Business effective at the time of the proposed change.

B.    Storefront Retailers

1.    Storefront Retailers are permitted in C-prefixed Districts with a Zoning Certificate, and must maintain compliance with Chapters 12.21 and 12.22 and security regulations that may be promulgated by the Chief of Police.

2.    Storefront Retailers are subject to approval through the selection process set forth in Section 12.22.020.

3.    Up to seven Storefront Retail permits may be issued, one of which is reserved for an Equity Candidate as defined in Section 12.21.020. This limit to the number of Storefront Retailers shall not be reconsidered for a period of three years from the effective date of this ordinance.

4.    Expansion of an approved Storefront Retailer must comply with the development standards for the Zoning District in which it is located.

5.    Storefront Retailers may operate as a Retail Storefront Microbusiness as defined in Chapter 12.21 subject to obtaining all required State and local licenses.

6.    Buffers

a.     Storefront Retailers may not be located within 600 feet of another Storefront Retailer or a public or private elementary school, 1,000 feet of a public or private middle school or high school, or 600 feet of a City-operated community center or skate park.

b.    Notwithstanding Subsection 23C.25.010.B.6.a, a seventh Storefront Retailer, to be operated by an equity business, may not be located within 600 feet of another Storefront Retailer or School.

C.    Delivery-Only Retailers

1.    Seven Delivery-Only Retailers are permitted citywide, four of which shall be operated by Equity Businesses, and three of which shall be non-Equity Businesses.

2.    Delivery-Only Retailers are subject to approval through the selection process set forth in Section 12.22.020.

3.    Delivery-Only Retailers are permitted with a Zoning Certificate in C-prefixed Districts other than the C-N District.

4.    Delivery-Only Retailers are permitted in the M District, shall be evaluated and regulated for Zoning purposes in the same way as Warehouse-Based Non-Store Retailers, and shall be subject to the numeric and buffer requirements set forth in this Section for Delivery-Only Retailers.

5.    Delivery-Only Retailers may not be located within 300 feet of any School or City-operated community center or skate park.

6.    Delivery-Only Retailers may not be located in a street-fronting tenant space in C-prefixed Districts.

D.    Lounges

1.    A Lounge, as defined in Section 12.21.020, may be permitted at an approved Retailer subject to approval of a Use Permit.

2.    Lounges must comply with the operational standards established by the City’s Department of Health, Housing and Community Services. (Ord. 7688-NS § 1 (part), 2020)