Article IX — Cannabis

The purpose of this article is to authorize cannabis uses that comply with this article. The regulations in this article work in harmony with the regulations in chapter 5.150. (Ord. 2026-0010 § 18)

For purposes of this article, the following definitions apply:

• A. Conditional use permit.

1. A conditional use permit approved by the zoning administrator is required to establish— a. A cannabis dispensary use located more than 600 feet from all sensitive uses; or

• b. A cannabis production use.

2. A conditional use permit approved by the planning and design commission is required to establish a cannabis dispensary within 600 feet of any sensitive use.

3. Conditional use permits for cannabis uses are subject to the following:

a. Notice to city council. As soon as reasonably practicable after the planning and design commission makes a decision on a conditional use permit required by this article, 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. b. Call-up review. The mayor or the councilmember in whose district the project is located may call up for city council review any decision by the planning and design commission on a conditional use permit required by this article by filing a written request with the planning director within ten business days of the planning and design commission's decision. If both a council member call-up and commission-level decision appeal are pending on the same project, the city council shall consider both at the same time. Notice of the city council hearing shall be given in the manner provided in section 17.812.010.A.2.a. The hearing before the city council is de novo.

c. Withdrawal of request for review. The requester under subsection B.2.b may withdraw that request. The withdrawal must be noted on the agenda of the next regularly scheduled meeting of the city council and is considered to have occurred on the date of that meeting. Any other member of the city council may file a request for call-up review within ten days of the withdrawal. If the tenth day is a non-business day, the last day to file the request is the next business day. Notice of the city council hearing shall be given in the manner provided in section 17.812.010.A.2.a. The hearing before the city council is de novo.

B. Distance from sensitive uses.

1. Measuring distance. Under this article, the distance from a cannabis use to another use is the shortest distance measured in a straight line between the two closest property lines.

2. Distance from schools. No cannabis use may be established within 600 feet of an elementary or middle school or within 1,000 feet of a high school.

3. First-in-time — lawfully-established cannabis use. Notwithstanding any other provision of this title, a lawfully-established cannabis use may be modified or expanded without regard to whether it is within 600 feet of a sensitive use or elementary or middle school, or within 1,000 feet of a high school, if that sensitive use was established after the lawfully-established cannabis use. All other provisions of this title apply, including the findings required by section 17.808.200 when applicable.

4. Maps.

a. All applications under this article must include a scaled map that identifies by name, address, and assessor parcel number, all sensitive uses and elementary or middle schools within 600 feet of the project site and high schools within 1,000 feet of the project site.

• b. Each applicant must attest in writing, under penalty of perjury, that the map and accompanying information is true and correct.

• C. Identification of approved uses. Any permit issued in accordance with this article must specifically identify each authorized cannabis use – cannabis production (cultivation, distribution, processing, or manufacturing), cannabis testing, or cannabis dispensary (store-front cannabis dispensary, delivery-only cannabis dispensary, or both).

• (Ord. 2026-0010 § 18)

A. Power Inn area. No permit provided for in this title will be granted for cannabis cultivation in the area bounded by Power Inn Road to the west, Folsom Boulevard to the north, and the city limits to the east and south, if the total of all cannabis cultivation uses in that area will exceed 2.5 million square feet.

• B. C-2 zone. In the C-2 zone, cannabis production must comply with the following provisions:

1. Cannabis distribution and nonvolatile cannabis manufacturing cannot exceed a total of 6,400 square feet per site.

2. Cannabis distribution cannot be the only cannabis production use on a site.

• C. Signs. A cannabis production site cannot have more than one sign. The sign may be attached or detached. The sign cannot be illuminated and cannot exceed six square feet in area. (Ord. 2026-0010 § 18)

A cannabis testing site cannot have more than one sign. The sign may be attached or detached. The sign cannot be illuminated and cannot exceed six square feet in area.

(Ord. 2026-0010 § 18)

A medical marijuana dispensary with a valid conditional use permit on the effective date of the ordinance that codified this article is deemed to have an approved conditional use permit for a cannabis dispensary allowing for a storefront cannabis dispensary for the sale of medical and adult-use cannabis.

(Ord. 2026-0010 § 18)