Marina Municipal Code Ch. 17.47 Commercial Cannabis Uses

Sections: Criteria applicable to all commercial cannabis uses. Criteria applicable to retail commercial cannabis uses. Signage and display of cannabis products. Interaction with Chapter 5.80. Existing retail sites.

In addition to any other requirement of this chapter, and to the generally applicable standards of this title for the issuance of conditional use permits and for development in the zone in which the use will be located, no use permit for a commercial cannabis land use shall be issued unless: A. The site is no closer than six hundred feet to any child day care center (as defined by Section 17.04.211), school serving students in grades K-12, public recreation center or public park. All distances shall be measured in a straight line, without regard to intervening structures, from the nearest point of the building or structure (or portion of building or structure) occupied or to be occupied by the commercial cannabis business to the nearest property line of those uses described in this subsection. B. The use, as conditioned, will not generate offensive noise or odors. (Ord. 2020-08 § 4, 2020)

In addition to any other requirement of this chapter, and to the generally applicable standards of this title for the issuance of conditional use permits and for development in the zone in which the use will be located, no use permit for a retail commercial cannabis land use shall be issued unless: A. The site is no closer than one thousand feet to any other retail commercial cannabis land use. All distances shall be measured in a straight line, without regard to intervening structures, from the nearest point of the building or structure (or portion of building or structure) occupied or to be occupied by each commercial cannabis business. B. If the use, as conditioned, allows a delivery component, adequate off-street loading areas are provided for all loading and standing of delivery vehicles. (Ord. 2020-08 § 4, 2020)

With respect to all cannabis land uses: A. No graphics depicting cannabis or cannabis products shall be painted, attached, or otherwise affixed to the exterior of any building and no such graphic shall be included on any exterior sign. B. No graphics depicting cannabis or cannabis products shall be displayed in a manner than is visible from outside of the property, or is visible from any location, such as a common parking area or walkway, that is shared by multiple businesses. C. No cannabis or cannabis products shall be displayed or handled in a manner that is visible from outside of the property, or is visible from any location, such as a common parking area or walkway, that is shared by multiple businesses. D. In addition to all other applicable restrictions in this code, any signs that are visible from outside of the property, or are visible from any location, such as a common parking area or walkway, that is shared by multiple businesses, shall be limited to the name and/or address of the business, and shall contain no other information or graphics aside from information or graphics that are required to be posted in a manner that is visible from outside the business by applicable law. (Ord. 2020-08 § 4, 2020)

No application shall be accepted: A. For a use permit that includes one or more types of commercial cannabis activities to which Section 5.80.190 applies, unless the use that is proposed to be operated by a person who is either (1) the holder of an unexpired cannabis business permit preapplication that has been selected pursuant to Section 5.80.190(I) for each such activity or (2) the holder of an existing cannabis business permit for each such activity who has made a commitment to cease operations at their existing site pursuant to Section 5.80.170. Each such person may have only one active use permit application for each qualifying cannabis business permit preapplication or qualifying cannabis business permit. B. While such prohibition is in effect, for a use permit that includes any commercial cannabis activity for which the city is prohibited from issuing a commercial cannabis permit by Section 5.80.090(H). (Ord. 2020-08 § 4, 2020)

A. Notwithstanding the provisions of Chapter 17.64 and Section 17.47.010, a site shall be treated for all purposes of this chapter as if no part of the site were within six hundred feet of any public park when both of the following are true: (1) a use permit has been properly issued for a retail commercial cannabis use on the site and (2) as a result of the adoption of this chapter (and but for the existence of this section), the commercial cannabis use would be a legal nonconforming use because a building on the site is within six hundred feet of a public park. B. The intent of this section is to both (1) permit a retail commercial cannabis use that is allowed under a conditional use permit that was issued for that use prior to the adoption of this chapter to expand, or add additional commercial cannabis uses on its site as if the site were not located within six hundred feet of a public park and (2) not classify any such use as a nonconforming use solely because of the proximity to a public park of an existing or new structure on that site. (Ord. 2020-08 § 4, 2020) 17.48.010 17.48.020 17.48.030 17.48.040 17.48.060 17.48.070 17.48.080 17.48.090 17.48.100 17.48.110 17.48.120 17.48.130