Blythe Municipal Code Ch. 17 63E - Commercial Cannabis Related Uses and Activity

Footnotes:

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Editor's note— Ord. No. 883, § 1, adopted June 13, 2017, repealed the former Chapter 17.63E, §§ 17.63E.010—17.63E.060, and enacted a new Chapter 17.63E as set out herein. The former Chapter 17.63E pertained to marijuana dispensaries and derived from Ord. No. 873, adopted January 12, 2016 and Ord. No. 882, adopted May 9, 2017.

The purpose of this chapter is to further fulfill the purposes and intents set forth in Title 5 of the Blythe Municipal Code. No person shall operate a commercial cannabis business without first obtaining a city commercial cannabis business permit and complying with all the requirements of Title 5 of the Blythe Municipal Code and complying with all applicable state law requirements including obtaining a license or permit required by the state to operate a commercial cannabis business.

(Ord. No. 883, § 2, 6-13-17)

Unless otherwise provided herein, the terms used in this part shall have the meanings ascribed to them in Title 5 of the Blythe Municipal Code.

(Ord. No. 883, § 2, 6-13-17)

Commercial cannabis dispensaries shall be permitted only as follows:

A. In the C-C, commercial community business, C-G general commercial, and in I-G, general industry zone.

B. The dispensary must not be located on a parcel located within a six hundred feet radius of a school (whether public, private, or charter, including pre-school, transitional kindergarten, and K-12). If any part of a parcel falls within the six hundred feet, then the entire parcel shall meet the requirements of this paragraph.

C. No closer than six hundred feet from any portion of any parcel in the City limits containing any of the following:

1. A youth facility;

2. A daycare facility serving nine or more children and is licensed by the county or city.

3. Parks and places of worship at the discretion of the city council.

D. No closer than one thousand feet from any portion of any parcel containing a commercial adult day care facility serving nine or more adults and licensed by the state, county or city.

(Ord. No. 883, § 2, 6-13-17)

Commercial cannabis businesses other than dispensaries, including those permitted to engage in cultivation, manufacturing, testing and distribution of cannabis and cannabis products shall be permitted only if all the following requirements are met:

A. Commercial cannabis businesses other than a dispensary must be located on property zoned C-C community commercial, C-G, general commercial, I-G general industrial, and I-S service industrial; and

B. The property on which the commercial cannabis business is located must also be no closer than six hundred feet from any portion of any parcel containing any of the following:

1. A school (whether public, private, or charter, including pre-school, transitional kindergarten, and K-12);

2. A daycare facility serving nine or more children and is licensed by the county and city;

3. Any park or place of worship at the discretion of the city council;

4. A youth facility.

(Ord. No. 883, § 2, 6-13-17; Ord. No. 885, § 16, 10-10-17; Ord. No. 890, § 2, 8-14-18; Ord. No. 901, § 2, 7-14-20)

The distance between parcels shall be the horizontal distance measured in a straight line from any property line of the sensitive use to the closest property line of the lot on which the commercial cannabis business is to be located, without regard to any intervening structures. The distance requirements in this chapter shall only be applicable with respect to properties located in the city's limits, unless otherwise required by state law. The distance requirements shall not be applicable with respect to any property located outside the city limits.

(Ord. No. 883, § 2, 6-13-17)

Prior to commencing operations, a commercial cannabis business must obtain a certification from the planner or designee certifying that the business is located on a site that meets all the requirements of this chapter.

(Ord. No. 883, § 2, 6-13-17)

Marijuana cultivation by any person, including primary caregivers, qualified patients and dispensaries, is prohibited throughout the city of Blythe unless permitted by this chapter.

(Ord. No. 883, § 2, 6-13-17)