17.228.920 Cannabis dispensary.
A. For purposes of this section, the following definitions apply:
1. “School” means any public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, but does not include any private school in which education is primarily conducted in private homes.
2. “Substance abuse rehabilitation center” means any facility that provides care for persons who have a dependency on alcohol or controlled substances, except any hospital, city or county jail, or state prison. The care provided by a substance abuse rehabilitation center, includes medication, patient counseling, group therapy, physical conditioning, family therapy, and dietetic services.
3. “Youth-oriented facility” means any establishment that caters to or provides services primarily intended for minors; that is patronized predominantly by minors; or where the people who regularly congregate or assemble are predominantly minors.
B. A conditional use permit is required to establish a cannabis dispensary in the C-2, C-4, M-1, M-1(S), M-2, and M-2(S), and SC zones.
C. Except as provided in subsection D, the conditional use permit, as required in subsection B, must be approved by the zoning administrator.
D. A conditional use permit, as required in subsection B, must be approved by the planning and design commission where any of the following conditions apply:
1. The cannabis dispensary is a storefront cannabis dispensary, as defined in chapter 5.150, and the site is within 600 feet of another storefront cannabis dispensary site;
2. The cannabis dispensary site is within 600 feet of any park, childcare center, in-home child care (family day care home), youth-oriented facility, church or faith congregation, substance abuse center, or cinema;
3. The cannabis dispensary site is within 600 feet of any tobacco retailer that has 15,000 square feet or less of gross floor area; or
4. The cannabis dispensary site is within 300 feet of a residential zone.
E. In any zone, a cannabis dispensary must comply with the following provisions:
1. Cannabis dispensary operations must be within a fully enclosed building and must not be visible from the public right-of-way.
2. The cannabis dispensary site cannot be located within 600 feet of a school.
3. The cannabis dispensary must comply with all applicable state and local laws.
4. Each property owner seeking a conditional use permit for cannabis dispensary shall provide a neighborhood responsibility plan in order for the decision-maker to make the requisite findings set forth in section 17.808.200. The neighborhood responsibility plan must address the adverse impacts of a cannabis dispensary on the surrounding area. Compliance with the neighborhood responsibility plan shall be achieved through an agreement with the city, conditions of approval on the use permit, or through other means acceptable to the city.
5. Notwithstanding section 17.452.040.B.2.d, no cannabis dispensary may be established in a planned unit development, unless the planned unit development schematic plan and design guidelines expressly authorize the use.
F. Notice to city council. As soon as reasonably practicable after the zoning administrator or planning and design commission makes a decision on a conditional use permit required to establish a cannabis dispensary, the planning director shall report that decision to the mayor and the councilmember in whose district the project is located, by sending the report by electronic mail and confirming that each received it.
G. Procedures for call-up review. The mayor or the councilmember in whose district the project is located may call up for city council review any decision described in subsection F by filing a written request with the planning director within 15 business days of the zoning administrator’s or planning and design commission’s decision. Once the request is filed, the council shall notice and set the matter for the hearing before it. Notice of the hearing shall be given in the manner provided in section 17.812.010.A.2.a. The hearing before the city council shall be de novo.
H. Withdrawal of request for review. The requester under subsection G may withdraw that request. The withdrawal shall be noted on the next regularly scheduled meeting of the city council and shall be considered to have occurred on that date. Any other member of the city council shall have 10 days thereafter to file a request for call-up review. If the tenth day is a non-business day, the last day to file the request is the next business day. Noticing and hearing of the matter shall be as set forth in subsection G.
I. A conditional use permit issued in accordance with this section must specify whether the use allowed is for a storefront cannabis dispensary or a delivery-only cannabis dispensary, and for the sale of medical cannabis or adult-use cannabis. An addition of any use specified in this paragraph to the allowed uses specified in a conditional use permit is a modification of the terms and conditions of the conditional use permit subject to section 17.808.440.
J. A medical marijuana dispensary use that has a valid conditional use permit on the effective date of this ordinance is deemed to have an approved conditional use permit for a cannabis dispensary use allowing for a storefront cannabis dispensary and for the sale of medical cannabis, if the property owner provides a neighborhood responsibility plan described in subsection E.4. The deemed approved conditional use permit for a cannabis dispensary use shall be subject to all the provisions of this title relating to conditional use permits. (Ord. 2021-0024 § 27; Ord. 2020-0023 § 3; Ord. 2019-0006 § 8; Ord. 2017-0059 § 16)