Chapter 17.47 — RC RETAIL CANNABIS OVERLAY ZONE[[6]]

Footnotes:

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Editor's note— Ord. No. 1140, § 2(Exh. A), adopted July 10, 2019, amended Ch. 17.47 in its entirety to read as herein set out. Former Ch. 17.47, §§ 17.47.010—17.47.070, pertained to similar subject matter and derived from Ord. No. 1115, § 2, adopted Feb. 14, 2018.

This overlay zone is intended to provide for the well-planned and orderly development of retail cannabis businesses within the community and to eliminate or adequately mitigate any adverse impacts on the

community related to such types of development. The RC (retail cannabis) overlay zone designation will be applied to certain property described herein that is zoned C-G (general commercial), R-M (residential multifamily), and M-S (manufacturing service). A change of zone application is not required; however a conditional use permit is required to operate a retail cannabis business within this overlay zone. The provisions of this chapter shall apply in addition to the regulations provided by the underlying C-G zone, R- M, M-S zones. Whenever there is a conflict or inconsistency between the provisions of this article and the underlying zone, the provisions of this chapter shall be controlling.

(Ord. No. 1140, § 2(Exh. A), 7-10-19; Ord. No. 1195, § 12, 7-27-22)

The RC retail cannabis overlay zone shall be divided into three sub-zones. This overlay classification shall be limited to those projects that:

A.

Sub-Zone #1:

1.

Are located either along the west side of Grapefruit Boulevard (State Highway 111) between 1[st ] Street and 9[th ] Street, on the east side of Grapefruit Boulevard between 4[th ] Street and 9[th ] Street, and

2.

Have either a front or side lot line facing Grapefruit Boulevard, a front lot line facing 4th Street within two hundred twenty-five (225) feet of Grapefruit Boulevard, a front lot line facing 5th Street within two hundred twenty-five (225) feet of Grapefruit Boulevard, a front lot line facing 6th Street between Grapefruit Boulevard and Vine Street, a front lot line facing 7th Street within two hundred twenty-five (225) feet of Grapefruit Boulevard, a front lot line facing 8th Street within two hundred twenty-five (225) feet of Grapefruit Boulevard, a front lot line on the north side of 9th Street within two hundred twenty-five (225) feet of Grapefruit Boulevard, and

3.

Are zoned C-G (general commercial), R-M (residential multifamily), or M-S (manufacturing-service).

B.

Sub-Zone #2:

Are located along the south side of Avenue 48, between Grapefruit Boulevard and Van Buren Street; and

2.

Have either a front or side lot line fronting Avenue 48 or Grapefruit Boulevard; and

3.

Are zoned C-G (general commercial).

C.

Sub-Zone #3:

1.

Are located along either side of Dillon Road, between State Highway 86 and Vista Del Norte, and shall also include properties on the south side of Vista Del Sur fronting on Camp Court; and

2.

Have either a front or side lot line fronting Dillon Road or Camp Court; and

3.

Are zoned C-G (general commercial).

(Ord. No. 1140, § 2(Exh. A), 7-10-19)

Any uses permitted in the underlying zoning district of the property.

(Ord. No. 1140, § 2(Exh. A), 7-10-19)

The retail sale, exchange, transaction, or delivery of cannabis, including storefront retailers and/or retail microbusinesses are permitted in all RC overlay zone Subzones, as described in Section 17.47.020, subject to first obtaining a conditional use permit as specified in Section 17.74.010 and meeting all of the regulatory requirements set forth in Chapters 5.69 and 17.84 of this code.

(Ord. No. 1140, § 2(Exh. A), 7-10-19; Ord. No. 1161, § 12, 5-27-20; Ord. No. 1195, § 13, 7-27-22)

Any uses not identified as "permitted" or "conditionally permitted" by this ordinance or by the chapter of this code applicable to the site's underlying zone are prohibited.

(Ord. No. 1140, § 2(Exh. A), 7-10-19)

A.

Project Area/Lot/Building Height Requirements. Except as specified in the applicable development agreement, CUP, or regulatory permit, the project area, lot size, lot coverage and building height requirements of the underlying zone shall apply.

B.

No Drive-Thru Retail Cannabis Facilities. No retail cannabis business within the RC Overlay Zone shall operate "drive-thru", "drive up", "window service" or similar facilities whereby a customer can order, purchase and receive retail cannabis without leaving his or her vehicle.

C.

Non-Storefront Retailers. Non-storefront retailers are permitted in Sub-Zone #3, but prohibited in Sub-

Zones #1 and #2. In Sub-Zones #1 and #2, delivery may only be approved as ancillary to the operation of a permitted cannabis retail business which is physically located within the Sub-Zone and which primarily provides cannabis to customers on the premises. A non-storefront retail cannabis business shall have a minimum of one hundred (100) feet separation from any residential structure and be at least five hundred (500) feet from any other storefront retail or non-storefront retail cannabis business.

D.

Distance Restrictions. No retail cannabis business within the RC overlay zone shall be located within two hundred fifty (250) feet of any public or private school (K-12), day care center or youth center. The distance shall be measured from the nearest point between any part of the building containing the retail cannabis business to any lot line of the other use. For purposes of this paragraph, the following definitions shall apply:

1.

"Day care center" means any child day care facility other than a family day care home, and includes infant centers, preschools, extended day care facilities and school age child care centers.

2.

"Youth center" means any public or private facility that is primarily used to house recreational or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities.

E.

Location of Customer Entrance. No retail cannabis business shall have a customer entrance that is adjacent to or directly across the street from a residentially zoned lot.

F.

On-Street/Off-Street Parking and Loading.

1.

Off-Street Parking and Loading. Off-street parking and loading facilities for a retail cannabis business shall be provided in accordance with the provisions of Section 17.54.010(C)(1) of this title.

2.

On-Street Parking and Loading. On-street parking or loading shall be prohibited for a retail cannabis business.

G.

Microbusinesses. Non-storefront retail microbusinesses, storefront retail microbusinesses, and non-retail microbusinesses are permitted in the RC cannabis overlay zone. To hold a CUP for a microbusiness, the permittee must engage in at least three of the following commercial cannabis activities: cultivation, manufacturing, distribution, and retail sale. Any cultivation at a microbusiness shall be limited to an area less than ten thousand (10,000) square feet. Any manufacturing at a microbusiness shall use nonvolatile solvents or no solvents. A non-storefront retail microbusiness shall have a minimum of one hundred (100) feet separation from any residential structure and be at least five hundred (500) feet from any other storefront retail or non-storefront retail cannabis business.

(Ord. No. 1140, § 2(Exh. A), 7-10-19; Ord. No. 1161, § 13, 5-27-20)

All developments shall be subject to architectural review in accordance with Section 17.72.010 of this title, including planning commission review as described below. Any addition to or exterior alteration of a retail cannabis use in an existing development also shall be subject to such architectural review.

A.

Design Criteria. Detailed architectural and/or artist renderings, or pictorial depictions, of the architectural designs and/or theming of the business shall be submitted for planning commission review. All retail cannabis businesses shall be designed to have a storefront with glass door and windows facing the street, providing visibility into the front lobby or showroom of the business. The applicant shall submit information regarding proposed interior and exterior wall and roof finishes, windows and awnings, lighting fixtures, flooring materials, and paint colors for the business for review by the planning commission.

(Ord. No. 1140, § 2(Exh. A), 7-10-19)