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HomeMy WebLinkAbout124-12 Ordinance Amending Chapter 10, Zoning of Prior Lake City Code Regulating Cannabis Businesses, Hemp Businesses and Cannabis Events4646 Dakota Street SE Prior Lake, MN 55372 CITY OF PRIOR LAKE ORDINANCE NO. 124-12 AN ORDINANCE AMENDING CHAPTER 10, ZONING OF PRIOR LAKE CITY CODE REGULATING CANNABIS BUSINESSES, HEMP BUSINESSES, AND CANNABIS EVENTS The City Council of the City of Prior Lake, Minnesota, ordains: Section 1. DIVISION 3. LAND USE GENERALLY, Sec. 10-185. Land Use Table, is hereby amended to include the following: Section 2. DIVISION 2. DEFINITIONS, Sec. 10-50 is hereby amended to insert the following words and terms in alphabetical order: Cannabis Cultivation and Cultivate Cannabis means 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 Event, Temporary means 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. Land Use Description A R-S R-1 R-2 R-3 TC TC-T C-1 C-2 C-3 I-1 Cannabis Cultivator (Indoor)P P Cannabis Cultivator (Outdoor)P Cannabis Delivery Service AC AC AC AC AC AC P P P P Cannabis Event Organizer AC AC AC AC AC AC P P P P Cannabis Manufacturer P P Cannabis Mezzobusiness P P P Cannabis Microbusiness P P P Cannabis Retailer P P P P Cannabis Testing Facility P P Cannabis Transporter P P Cannabis Wholesaler P P Lower-Potency Hemp Edible Manufacturer P P Lower-Potency Hemp Edible Retailer P P P P P Medical Cannabis Combination Business P P Zoning Use District Page 2 of 7 Cannabis Retail Business means 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 Business includes the following cannabis businesses as further defined in Section 3. DIVISION 4. LAND USE DEFINITIONS AND CONDITIONS: Cannabis Cultivator; Cannabis Delivery Service; Cannabis Event Organizer; Cannabis Manufacturer; Cannabis Mezzobusiness; Cannabis Microbusiness; Cannabis Retailer; Cannabis Testing Facility; Cannabis Transporter; Cannabis Wholesaler; Lower-Potency Hemp Edible Manufacturer; Lower-Potency Hemp Edible Retailer; and Medical Cannabis Combination Business. Section 3. DIVISION 4. LAND USE DEFINITIONS AND CONDITIONS is hereby amended to include the following definitions and conditions for land uses in alphabetical order: Cannabis Cultivator. (a)Definition. The term “cannabis cultivator” means a business that cultivates cannabis and packages cannabis for sale to another cannabis business. (b)Zoning districts and conditions. Cannabis cultivators (Indoor) are permitted in C-3 and I- 1. Cannabis cultivators (Outdoor) are permitted in A. All Cannabis Businesses shall comply with the regulations and performance standards as identified in Chapter 4, Article XV, CANNABIS and Chapter 4, Article XVI, CANNABIS BUSINESS USES. Cannabis Delivery Service. (a)Definition. The term “cannabis delivery service” means 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. (b)Zoning districts and conditions. Cannabis delivery services are permitted in C-1, C-2, C- 3 and I-1. Cannabis delivery services are permitted as an accessory Home Occupation use in A, R-S, R-1, R-2, R-3, and TC-T provided i) all conditions of a Home Occupation are met; ii) no deliveries of cannabis flower, cannabis products, and hemp products shall be sent to or received on the premises from a cannabis businesses nor by a residential express mail company (USPS, USP, FedEx, etc.); iii) no delivery of cannabis flower, cannabis products, and hemp products to customers shall occur on the premises; and iv)no storage or possession of cannabis flower, cannabis products, or hemp products in excess of the amounts allowable in Minnesota Statute 342.09 for Personal Adult Use of Cannabis shall be permitted on the premises. All Cannabis Businesses shall comply with the regulations and performance standards as identified in Chapter 4, Article XV, CANNABIS and Chapter 4, Article XVI, CANNABIS BUSINESS USES. Cannabis Event Organizer. (a)Definition. The term “cannabis event organizer” means a person or entity who organizes or operates temporary cannabis events. (b)Zoning districts and conditions. Cannabis event organizers are permitted in C-1, C-2, C- 3 and I-1. Cannabis event organizers are permitted as an accessory Home Occupation use in A, R-S, R-1, R-2, R-3, and TC-T provided i) all conditions of a Home Occupation are met; ii) no deliveries of cannabis flower, cannabis products, and hemp products shall be sent to or received on the premises from a cannabis businesses nor by a residential express mail company (USPS, USP, FedEx, etc.) and iii) no storage or possession of Page 3 of 7 cannabis flower, cannabis products, or hemp products in excess of the amounts allowable in Minnesota Statute 342.09 for Personal Adult Use of Cannabis shall be permitted on the premises. All Cannabis Businesses shall comply with the regulations and performance standards as identified in Chapter 4, Article XV, CANNABIS and Chapter 4, Article XVI, CANNABIS BUSINESS USES. Cannabis Manufacturer. (a)Definition. The term “cannabis manufacturer” means a business that manufactures and/or packages cannabis products and hemp products for sale to a cannabis retailer. (b)Zoning districts and conditions. Cannabis manufacturers are permitted in C-3 and I-1. All Cannabis Businesses shall comply with the regulations and performance standards as identified in Chapter 4, Article XV, CANNABIS and Chapter 4, Article XVI, CANNABIS BUSINESS USES. Cannabis Mezzobusiness. (a)Definition. The term “cannabis mezzobusiness” means 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. (b)Zoning districts and conditions. Cannabis mezzobusinesses are permitted in C-2, C-3 and I-1. All Cannabis Businesses shall comply with the regulations and performance standards as identified in Chapter 4, Article XV, CANNABIS and Chapter 4, Article XVI, CANNABIS BUSINESS USES. Cannabis Microbusiness. (a)Definition. The term “cannabis microbusiness” means 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. (b)Zoning districts and conditions. Cannabis microbusinesses are permitted in C-2, C-3 and I-1. All Cannabis Businesses shall comply with the regulations and performance standards as identified in Chapter 4, Article XV, CANNABIS and Chapter 4, Article XVI, CANNABIS BUSINESS USES. Cannabis Retailer. (a)Definition. The term “cannabis retailer” means 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. (b)Zoning districts and conditions. Cannabis retailers are permitted in C-1, C-2, C-3 and I- 1. All Cannabis Businesses shall comply with the regulations and performance standards as identified in Chapter 4, Article XV, CANNABIS and Chapter 4, Article XVI, CANNABIS BUSINESS USES. Cannabis Testing Facility. (a)Definition. The term “cannabis testing facility” means a business that obtains and tests Page 4 of 7 immature cannabis plants and seedlings, cannabis flower, cannabis products, and hemp products. (b)Zoning districts and conditions. Cannabis testing facilities are permitted in C-3 and I-1. All Cannabis Businesses shall comply with the regulations and performance standards as identified in Chapter 4, Article XV, CANNABIS and Chapter 4, Article XVI, CANNABIS BUSINESS USES. Cannabis Transporter. (a)Definition. The term “cannabis transporter” means a business that transports immature cannabis plants and seedlings, cannabis flower, cannabis products, and hemp products to licensed cannabis businesses. (b)Zoning districts and conditions. Cannabis delivery services are permitted in C-3 and I-1. All Cannabis Businesses shall comply with the regulations and performance standards as identified in Chapter 4, Article XV, CANNABIS and Chapter 4, Article XVI, CANNABIS BUSINESS USES. Cannabis Wholesaler. (a)Definition. The term “cannabis wholesaler” means 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. (b)Zoning districts and conditions. Cannabis wholesalers are permitted in C-3 and I-1. All Cannabis Businesses shall comply with the regulations and performance standards as identified in Chapter 4, Article XV, CANNABIS and Chapter 4, Article XVI, CANNABIS BUSINESS USES. Lower-Potency Hemp Edible Manufacturer. (a)Definition. The term “lower-potency hemp edible manufacturer” means 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. (b)Zoning districts and conditions. Lower-potency hemp edible manufacturers are permitted in C-3 and I-1. All Cannabis Businesses shall comply with the regulations and performance standards as identified in Chapter 4, Article XV, CANNABIS and Chapter 4, Article XVI, CANNABIS BUSINESS USES. Lower-Potency Hemp Edible Retailer. (a)Definition. The term “lower-potency hemp edible retailer” means a business that sells lower-potency hemp edibles to customers. (b)Zoning districts and conditions. Lower-potency hemp edible retailers are permitted in TC, C-1, C-2, C-3 and I-1. All Cannabis Businesses shall comply with the regulations and performance standards as identified in Chapter 4, Article XV, CANNABIS and Chapter 4, Article XVI, CANNABIS BUSINESS USES. Medical Cannabis Combination Business. (a)Definition. The term “medical cannabis combination business” means 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. (b)Zoning districts and conditions. Medical cannabis combination businesses are permitted in C-3 and I-1. All Cannabis Businesses shall comply with the regulations and performance standards as identified in Chapter 4, Article XV, CANNABIS and Chapter 4, Article XVI, CANNABIS BUSINESS USES. Section 4. DIVISION 4. LAND USE DEFINITIONS AND CONDITIONS is hereby amended to include the following within the definition of Home Occupations. (13) The following activities shall not be allowed as home occupations: l.Cannabis Businesses not specifically permitted as an accessory use in Section 3. DIVISION 4. LAND USE DEFINITIONS AND CONDITIONS l.m. Any use which violates any applicable law. m.n. Other uses as determined by the zoning administrator to have an adverse impact upon neighboring properties. Section 5. DIVISION 2. DISTRICTS AND MAPS, Sec. 10-165. Designation of annexed property, is hereby amended to include the following: (c)Orderly Annexation Area. The Joint Resolution Providing for the Orderly Annexation of Certain Areas within Spring Lake Township to the City of Prior Lake delegates planning and land use authority within the orderly annexation area to the City of Prior Lake. Parcels within the Orderly Annexation Area, as identified in the Joint Resolution Providing for Orderly Annexation, will not be assigned to a zoning district until such time as they are annexed from Spring Lake Township to the City of Prior Lake. For the purposes of this Chapter, parcels within the Orderly Annexation Area shall comply with regulations of the zoning district most closely related to the parcel’s Future Land Use Category as identified on the Comprehensive Land Use Plan Map as determined by the Zoning Administrator. Section 6. Findings. The Prior Lake City Council finds there is a public need for the amendments and the adoption of the amendments is consistent with State requirements. Section 7. Summary approved. The City Council hereby determines that the text of the summary marked "Official Summary of Ordinance No. 124-12” 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 8. 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 9. 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 10. Effective date. This ordinance shall take effect on January 1, 2025 following its passage and the publication of its title and the official summary. Page 5 of 7 Page 6 of 7 Passed by the City Council of the City of Prior Lake this 10th day of December 2024. ATTEST: _________________________ __________________________ Jason Wedel, City Manager Kirt Briggs, Mayor A summary of this ordinance was published in the Minnesota Star Tribune on the 21st day of December 2024. Page 7 of 7 Official Summary of Ordinance No. 124-12 The following is the official summary of Ordinance No. 124-12 passed by the City Council of Prior Lake on December 10, 2024: Section 1122 of the City Code is amended by adding definitions and regulations which establish 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 at Prior Lake City Hall, 4646 Dakota Street SE, Prior Lake, MN 55372.