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Home My WebLink About1192 Ord (Chapter 31, Sec 31-101, Sec 31-325, Sec 31-315, Medical Cannabis, Cannabidiol (CBD) Products & Hemp Growing, Section 31-514.1 Performance Standards for Cannabis-Related Uses)City of Stillwater Washington County, Minnesota ORDINANCE NO. 1192 AN ORDINANCE AMENDING CITY CODE CHAPTER 31, SECTION 31-101, SECTION 31-325, SECTION 31-315, REGARDING MEDICAL CANNABIS, CANNABIDIOL (CBD) PRODUCTS AND HEMP GROWING, AND SECTION 31-514.1 REGARDING PERFORMANCE STANDARDS FOR CANNABIS -RELATED USES The City Council of the City of Stillwater does ordain: SECTION 1 AMENDMENT. Chapter 31, Article 1, Section 31-101 of the City Code, Definitions, is hereby amended by adding the following definitions: CBD means a compound of the cannabis plant known as cannabidiol. CBD retail establishment - intoxicating means a business that sells any intoxicating CBD products and derives more than 50% of its gross revenue from the sale of any CBD products (intoxicating and non -intoxicating) or related devices. CBD retail establishment — non- intoxicating means a business that sells CBD products but all of them are non -intoxicating CBD products and derives more than 50% of its gross revenue from the sale of any CBD products or related devices. CBD products means and includes industrial hemp products and hemp derived products. CBD incidental sales means any business that sells or provides CBD products as an incidental part of its business but is not a CBD retail establishment (intoxicating or non -intoxicating). Edible cannabinoid (CBD) product means any product that is intended to be eaten or consumed as a beverage, contains a cannabinoid in combination with food ingredients, and is not a drug. Hemp or Industrial Hemp means the definition provided under Minn. Stat. § 18K.02 subd. 3, as may be amended. Hemp manufacturing means the ability to facilitate the manufacturing of industrial hemp. Intoxicating cannabinoid (CBD) products means products made from substances extracted from certified hemp plants that produce intoxicating effects when consumed by any route of administration and have more than a trace amount of THC. These include but are not limited to products made with Delta-8, Delta-9 and Delta-10. Medical cannabis means the definition provided under Minn. Stat. § 152.22, subd. 6, as may be amended. Medical cannabis distribution facility means a facility operated by a medical cannabis manufacturer for purposes of distributing medical cannabis in accordance with Minn. Stat. § 152.29, subd. 1(a), as may be amended, and the requirements of the commissioner of Minnesota department of health or other applicable state law. Medical cannabis laboratory means an independent laboratory permitted to test medical cannabis produced by a medical cannabis manufacturer in accordance with Minn. Stat. § 152.29, subd. 1(b), as may be amended, and the requirements of the commissioner of the Minnesota department of health or other applicable state law. Medical cannabis manufacturer means the definition provided under Minn. Stat. § 152.22, subd. 7, as may be amended. Nonintoxicating cannabinoid (CBD) product means products made from substances extracted from certified hemp plants that do not produce intoxicating effects when consumed by any route of administration. SECTION 2 AMENDMENT. Chapter 31, Article III, Division 3, Section 31-325 of the City Code, Allowable Uses in Non -Residential Districts - Retail, is hereby amended as follows: ALLOWABLE USES ZONING DISTRICTS CA CBD VC BP-C BP-0 BP -I CRD PA PWFD PROS HMU NC Retail Medical Cannabis Distribution Facility IUP IUP IUP CBD Retail Establishments non -intoxicating P P P CBD Retail Establishments - intoxicating CUP CUP CUP Laboratories Medical Cannabis Laboratories IUP 2 SECTION 3 AMENDMENT. Chapter 31, Article III, Division 3, Section 31-315 of the City Code, Allowable Uses in Residential Districts, is hereby amended as follows: ALLOWABLE USES ZONING DISTRICTS A-P LR CTR RA TR CCR RB CR TH CTHR RCL RCM RR HMU'F Growing of Industrial Hemp P SECTION 4 ENACTMENT. Chapter 31, Article V, Division 2, Section 31-514.1 is hereby enacted as follows: Sec. 31-514.1 Cannabis -Related Uses Subd. 1. Medical Cannabis Distribution Facilities shall comply with the following performance standards: (1) The maximum length of an interim use permit shall be three years. Interim use permits granted pursuant to this section are not transferable and terminate upon sale of the facility or discontinuance of use; (2) A security plan stating how the facility will address public health, welfare and safety concerns including, but not limited to: parking, traffic flow, security, fencing, lighting, window and door placement, landscaping, and hours of operation as approved by the Police Chief; (3) The distance limitations on locations of facilities in relation to a public or private school provided for under Minn. Stat. § 152.29, as may be amended, are incorporated herein. A facility shall not be closer than 200 feet of a zoning district that allows single family, two-family, townhomes, or multi -family dwellings; (4) All facilities shall be setback from all property lines a minimum of 25 feet; (5) Facilities are prohibited from operating drive-throughs; (6) No exterior storage shall be allowed. Subd. 2. Medical cannabis laboratories shall comply with the following performance standards: (1) The maximum length of an interim use permit shall be three years. Interim use permits granted pursuant to this section are not transferable and terminate upon sale of the facility or discontinuance of use; (2) A security plan stating how the facility will address public health, welfare and safety concerns including, but not limited to: parking, traffic flow, security, fencing, lighting, window and door placement, landscaping, and hours of operation as approved by the Police Chief; (3) A laboratory shall be setback from all property lines a minimum of 25 feet; (4) No exterior storage shall be allowed. 3 Subd. 3. Growing of industrial hemp shall comply with the following performance standards: (1) A minimum of 200 contiguous acres is required for the hemp growing operation; (2) The hemp grower must be licensed by the State pursuant to Minn. Stat. Ch. 18K; (3) The sale of CBD products is not permitted on the same property as the hemp growing operation. Subd. 4. The sale of CBD products shall comply with the following performance standards: (1) Only CBD retail establishments -intoxicating are allowed to sell, display, or provide intoxicating CBD products. (2) All CBD retail establishments —intoxicating shall have a security plan stating how the facility will address public health, welfare and safety concerns including, but not limited to: parking, traffic flow, security, fencing, lighting, window and door placement, landscaping, and hours of operation that is approved by the Police Chief; No CBD retail establishment —intoxicating shall have a drive -through, walk-up window service, sidewalk displays, sales or outdoor storage or sandwich board signs; (4) There must be at least 1,000 feet between all CBD retail establishments (intoxicating and non -intoxicating); All CBD retail establishments (intoxicating and non -intoxicating) shall be located at least 500 feet from any school when measured in a straight line from the edge of the building wall or tenant wall space in which the establishment is located to the property line of the school or licensed day care facility; (6) CBD incidental sales of non -intoxicating CBD products are permitted in any non- residential district. Subd. 5. The following cannabis uses are prohibited within the City: (1) CBD products that contain more than .3 percent tetrahydrocannabinol (THC). (2) Medical cannabis manufacturing. (3) Hemp manufacturing. (3) (5) SECTION 5 SUMMARY PUBLICATION. Pursuant to Minn. Stat. § 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The ordinance regulates CBD products, medical cannabis, and industrial hemp growing operations within the City of Stillwater, prohibiting the sale of CBD products that contain more than .3 percent tetrahydrocannabinol (THC), as well as medical cannabis manufacturing and hemp manufacturing. Medical cannabis distribution sites and labs will be limited to the properties within the Business Park. Industrial hemp growing operations require 200 contiguous acres to operate and cannot sell CBD products on site. The sale of intoxicating CBD products with THC are only allowed in the business 4 park in stores in which more than 50% of their business is CBD products. Non - intoxicating CBD products can be sold as incidental sales in any business district. SECTION 6 EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Adopted by the City Council of the City of Stillwater this 6th day of September, 2022. ATT ST: Beth Wolf, City ler CITY OF LFWATER r�3 Ted Kozlowski, Mayor 5 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) 5ti COUNTY OF WASHINGTON Debbie Schwalba being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspa- per(s) known as: Stillwater Gazette with the known office of issue being located in the county of: WASHINGTON with additional circulation in the counties of: WASHINGTON and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 09/09/2022 and the last insertion being on 09/09/2022. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. By: 'QZL Designated Agent Subscribed and sworn to or affirmed before me on 09/09/2022 by Debbie Schwalba. Notary Public +J V Y W k. vi- ..vvvv1 DARLENE MARIE MACPHERSON NOTARY PUBLIC - MINNESOTA My Commission Expires Jan 31, 2024 Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $40.00 per column inch CITY OF STILLWATER ORDINANCE NO. 1192 AN ORDINANCE AMENDING CITY CODE CHAPTER 31, SECTION 31-101, SECTION 31-325, SECTION 31-315, REGARDING MEDICAL CANNABIS, CANNABIDIOL (CBD) PRODUCTS AND HEMP GROWING, AND SECTION 31-514.1 REGARDING PERFORMANCE STANDARDS FOR CANNABIS -RELATED USES The City Council of the City of Stillwater does ordain: The ordinance regulates CBD products, medical cannabis, and industrial hemp growing operations within the City of Stillwarer, prohibiting the sale of CBD prod- ucts that contain more than .3 percent tetrahydrocannabinol (THC), as well as medical cannabis manufacturing and hemp manufacturing. Medical cannabis distribution sites and labs will be limited to the properties within the Business Park. Industrial hemp growing operations require 200 con- tiguous acres to operate and cannot sell CBD products on site. The sale of intoxicating CBD products with THC are only allowed in the business park in stores in which more than 50% of their business is CBD products. Non -intoxicating CBD products can be sold as incidental sales in any busi- ness district. Approved this 6th day of September, 2022. Do not hesitate to contact the City Clerk's Office (651) 430-8802 if you have any questions or need further information. Signed: Beth Wolf, City Clerk Published in the Stillwater Gazette September 9, 2022 1257060 Ad ID 1257060