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HomeMy WebLinkAbout1092 ORDINANCE NU� CQ ��/ CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA ORDINANCE AMENDING TITLE 3, CHAPTER 24 AND TITLE 11 (ZONING ORDINANCE)OF THE CITY CODE CONCERNING THE REGULATION AND ZONING OF CANNABIS BUSINESSES THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: Section 1. Chapter 24 of Title 3 of the Lakeville City Code is hereby amended in its entirety to read as follows: CHAPTER 24 CANNABIS BUSINESSES SECTION: 3-24-1: Findings and Purpose; Authority and Jurisdiction 3-24-2: Definitions 3-24-3: State License Required 3-24-4: Retail Registration 3-24-5: Performance Standards 3-24-6: Temporary Cannabis Events 3-24-7: Use in Public Places 3-24-8: Low Potency Hemp Edibles 3-24-9: Severability 3-24-1: FINDINGS AND PURPOSE; AUTHORITY AND JURISDICTION A. Findings and Purpose. The city makes the following legislative findings: 1. The purpose of this chapter is to implement the provisions of Minnesota Statutes, chapter 342, which authorizes the city to protect the public health, safety, welfare of residents by regulating cannabis businesses within the city. 2. The city finds that the proposed provisions are appropriate and lawful land use regulations for the city, that the proposed regulations will promote the interests of the community for now and in the future, and that the proposed provisions are in the public interest and for the public good. B. Authority. The city has the authority to adopt this chapter pursuant to: 1. Minnesota Statutes, section 342.13(c), regarding the authority of a local unit of government to adopt reasonable restrictions of the time, place, and manner of the operation of a cannabis business provided that such restrictions do not prohibit the establishment or operation of cannabis businesses. i 2. Minnesota Statutes, section 342.22, regarding the local registration and enforcement requirements of state licensed cannabis retail businesses and lower potency hemp edible retail businesses. 3. Minnesota Statutes, section 152.0263, Subd. 5, regarding the use of cannabis in public places. 3-24-2: DEFINITIONS Unless otherwise noted in this chapter, words and phrases contained in Minnesota Statutes, section 342.01 and the rules promulgated pursuant to any of these acts, shall have the same meanings in this chapter: ADULT USE CANNABIS PRODUCT: As defined under Minnesota Statutes, section 342.01, subd. 4. CANNABIS RETAIL BUSINESS: A state licensed retail location and the retail location(s) of a mezzobusinesses with a retail operations endorsement, microbusinesses with a retail operations endorsement, medical combination businesses operating a retail location, and lower potency hemp edible retailers. CANNABIS RETAILER: Any person, partnership, firm, corporation, or association, foreign or domestic, selling cannabis product to a consumer and not for the purpose of resale in any form. LOWER POTENCY HEMP EDIBLE: As defined under Minnesota Statutes, section 342.01, subd. 50. OFFICE OF CANNABIS MANAGEMENT: State of Minnesota Office of Cannabis Management, as may be referred to as"OCM" in reference to this chapter. PLACE OF PUBLIC ACCOMMODATION: A business, accommodation, refreshment, entertainment, recreation, or transportation facility of any kind, whether licensed or not, whose goods, services, facilities, privileges, advantages or accommodations are extended, offered, sold, or otherwise made available to the public. PRELIMINARY LICENSE APPROVAL: Office of Cannabis Management pre-approval for a cannabis business license for applicants who qualify under Minnesota Statutes, section 342.17. PUBLIC PLACE: A public park or trail, public street or sidewalk; any enclosed, indoor area used by the general public, including, but not limited to, restaurants; bars; any other food or liquor establishment; hospitals; nursing homes; auditoriums; arenas; gyms; meeting rooms; common areas of rental apartment buildings, and other places of public accommodation. RETAIL REGISTRATION: An approved registration issued by the city to a cannabis retail business. SCHOOL: A public school as defined under Minnesota Statutes, section 120A.05 or a nonpublic school that complies with the reporting requirements under Minnesota Statute, section 120A.24. STATE LICENSE: An approved license issued by the Office of Cannabis Management to a cannabis retail business. 2 3-24-3: STATE LICENSE REQUIRED. Operation of a cannabis business of the types established by Minnesota Statues, section 324.10 within the city shall require a state license in accordance with Minnesota Statutes, section 342.14. 3-24-4: RETAIL REGISTRATION: A. Consent to Registering Cannabis Businesses 1. No individual or entity may operate a state-licensed cannabis retail business within the Lakeville without first registering with the City. 2. Any state-licensed cannabis retail business that sells to a customer or patient without a valid retail registration shall incur a civil penalty of up to $2,000 per violation. B. Compliance Checks Prior to Retail Registration 1. Prior to issuance of a cannabis retail business registration, the city shall conduct a preliminary compliance check to ensure compliance with local ordinances. 2. Pursuant to Minn. Stat. 342, within 30 days of receiving a copy of a state license application from OCM, the City shall certify on a form provided by OCM whether a proposed cannabis retail business complies with local zoning ordinances and, if applicable, whether the proposed business complies with the city's zoning ordinance and state fire and building codes. C. Registrations Limited: 1, The number of registered cannabis retail businesses within the city shall be limited to a maximum of 6 registrations. 2. Registrations shall be issued in order as of the date the city has received a complete application. D. Registration Fees: 1. Applicants for registration or renewal registrations shall be required to pay the registration and renewal fees as established by the City's fee schedule depending upon the type of retail business license applied for and in accordance with the following: a. An initial retail registration fee shall not exceed five hundred dollars ($500) or one-half(1/2)the amount of an initial state license fee established by Minnesota Statutes, section 342.11, whichever is less. b. � A renewal retail registration fee shall not exceed one thousand dollars ($1,000)or one-half(1/2)the amount of a renewal state license fee established by Minnesota Statutes, section 342.11, whichever is less. 3 c. The initial registration fee shall include the initial retail registration fee and the first annual renewal fee; a renewal retail registration fee shall be charged at the time of the second renewal and each subsequent renewal thereafter. d. A medical combination business operating an adult-use retail location shall only be charged a single registration fee, not to exceed the lesser of a single retail registration fee, defined by this section, for the adult-use retail business. 2. The registration fee shall be not be refunded once processed in accordance with section 413-4.E.2.c of this chapter. E. Application Submittal. 1. The city shall issue a retail registration to a state-licensed cannabis retail business that adheres to the requirements of Minn. Stat. 342.22 and is in compliance with this chapter. a. An applicant for a retail registration shall fill out an application form, as provided by the City. The application form shall include, but is not limited to: i. Full name of the property owner and applicant; ii. Address, email address, and telephone number of the applicant; iii. The address and parcel ID for the property which the retail registration is sought; iv. Certification that the applicant complies with the requirements of local ordinances established pursuant to Minn. Stat. 342.13. b. The applicant shall include with the form: i. the registration fee as required in Section 3-24-4-(D)(1)of this chapter; ii. a copy of a valid state license or written notice of OCM license preapproval; c. Once an application is considered complete, the city Ccerk shall inform the applicant as such, process the application fees, and forward the application to the community development director or designee for approval or denial. F. Application Approval 1. A state-licensed cannabis retail business application shall not be approved if the cannabis retail business would exceed the maximum number of registered cannabis retail businesses permitted under Section 3-244(C)of this chapter. 2. A state-licensed cannabis retail business application shall not be approved or renewed if the applicant is unable to meet the requirements of this ordinance. 4 3. A state-licensed cannabis retail business application that meets the requirements of this ordinance shall be approved. G. Annual Compliance Checks 1. The city shall complete at minimum one compliance check per calendar year of every cannabis business to assess if the business meets age verification requirements, as required under Minn. Stat. 342.22 Subd. 4(b), Minn. Stat. 342.24 and this chapter]. 2. The city shall conduct at minimum one unannounced age verification compliance check at least once per calendar year. 3. Age verification compliance checks shall involve persons at least 17 years of age but under the age of 21 who, with the prior written consent of a parent or guardian if the person is under the age of 18, attempt to purchase adult-use cannabis flower, adult-use cannabis products, lower-potency hemp edibles, or hemp-derived consumer products under the direct supervision of a law enforcement officer or an employee of the local unit of government. 4. Any failures under this section must be reported to the Office of Cannabis Management. H. Location Change 1. A registered cannabis retail business shall be required to submit a new application for registration under section 3-24-4.E of this chapter if it seeks to move to a new location still within the city. 3. A previously registered cannabis retail business that seeks to change locations within the city shall be subject to the location requirements established by the Title 11 of the city code (zoning ordinance). I, Renewal of Registration 1. The City shall renew an annual registration of a state-licensed cannabis retail business at the same time OCM renews the cannabis retail business' license. 2. A state-licensed cannabis retail business shall apply to renew registration on a form established by the City. 3. A cannabis retail registration issued under this ordinance shall not be transferred. 4. An applicant for a renewal registration shall pay the renewal registration fee required under Section 3-24-4(D) of this Code. 5. The application for renewal of a retail registration shall include but is not limited items required under Section 3-24-4(E) of this chapter. 5 J. Suspension of Registration 1. When Suspension is Warranted. a. The city may suspend a cannabis retail business's registration if it violates the provisions of this chapter or poses an immediate threat to the health or safety of the public. The City shall immediately notify the cannabis retail business in writing the grounds for the suspension. b. Notification to OCM. The city shall immediately notify the OCM in writing the grounds for the suspension. OCM will provide the city and cannabis business retailer a response to the complaint within seven calendar days and perform any necessary inspections within 30 calendar days. c. Length of Suspension. The suspension of a cannabis retail business registration may be up to 30 calendar days, unless OCM suspends the license for a longer period. The business may not make sales to customers if their registration is suspended. i. The City may reinstate a registration if it determined that the violations have been resolved. ii. The City shall reinstate a registration if OCM determines the violation(s) have been resolved. The City Administrator or designee shall determine the appropriate length of suspension. For the first violation, the presumptive suspension shall be seven (7)days. For a second violation found within an eighteen(18)month period, the presumptive suspension shall be fourteen (14)days. For a third and all subsequent violations within an eighteen (18) month period, the presumptive suspension shall be thirty (30) days. Nothing in this section shall prevent the City Administrator or designee from deviating from the presumptive suspension length based on the specific circumstances of a given violation, including but not limited to the severity of the violation, whether the violation was knowing or intentional, and the degree of risk to the public health caused by the violation. d. Civil Penalties. Subject to Minn. Stat. 342.22,subd. 5(e)the city may impose a civil penalty, as specified in the city's fee schedule, for registration violations, not to exceed $2,000. 6 3-24-5 PERFORMANCE STANDARDS: Operation of a cannabis business of the types established by Minnesota Statues, section 324.10 within the city shall comply with the provisions of this chapter and the following: A. Building Code. The cannabis business shall comply with the provisions of Title 9, of this code. B. Zoning Ordinance. The cannabis business shall comply with the provisions of Title 11 of this code. C. Ventilation: A cannabis business shall be ventilated so that the odor of marijuana cannot be detected by a person with a normal sense of smell at the exterior of the cannabis business at the property line. D. Age Limitations: No person under twenty-one (21) years of age shall be within the cannabis business premises. E. Public View: 1. All activities of a cannabis business businesses, including, without limitation, cultivating, growing, processing, displaying, manufacturing, selling, and storage, shall be conducted out of public view. 2. No cannabis or paraphernalia shall be displayed or kept in a business so as to be visible from outside the licensed premises. F. Prohibited Activities: 1. Consumption or use of cannabis products onsite of a cannabis retail business is prohibited except for licensed mirobusinesses. 2. There shall be no outdoor events or sales associated with a cannabis business; all such activities shall occur within a principal or accessory building, including temporary structures, as allowed in compliance with Title 11 of this code. 3. No cannabis business shall occupy a residential dwelling unit. 3-24-6: MINIMUM BUFFER REQUIREMENT: A. A cannabis retail business (excluding lower potency hemp businesses) shall not operate within 500 feet of a school. B. Nothing in this section shall prohibit an active cannabis business or a cannabis business seeking registration from continuing operation at the same site if a school moves within the minimum buffer zone. 3-24-6-: TEMPORARY CANNIBIS EVENTS: A. Temporary Cannabis Event Permit Required: A temporary cannabis event permit is required to be issued and approved by the city prior to holding a Temporary Cannabis Event � B. Fee: A registration fee, as established in city's fee schedule, shall be charged to applicants for a temporary cannabis event permit. The application fee shall be non- refundable. C. Application Submittal and Review: 1. An applicant for a temporary cannabis event permit shall fill out an application form, as provided by the city. The application shall include, but is not limited to: a. Full name of the property owner and applicant; b. Address, email address, and telephone number of the applicant; c. Site plan of event space, including location and number of access points d. Proposed capacity of event space e. Other information as required by the city based on the type or size of the event. 2. The applicant shall include with the application form: a. The application fee as required in Section 3-246(B) of this chapter; b. A copy of the OCM cannabis event license application, submitted pursuant to Minn. Stat. 342.39 subd. 2. c. The application shall be submitted to the city Ccerk or designee for review. If the designee determines that a submitted application is incomplete, they shall return the application to the applicant with the notice of deficiencies. 3. Once an application is considered complete,the city clerk shall inform the applicant that the application is complete, process the application fees, and forward the application to the community development director or designee for approval or denial. 4. The application for a temporary cannabis event permit shall meet the following standards: a. Minimum Buffer Zone Required: A temporary cannabis event shall provide a minimum buffer zone from the following uses: Five hundred feet(500')from a school. b. Temporary cannabis events shall only occur between the hours of ten o'clock (10:00) A.M. and ten o'clock (10:00) P.M, unless extended by the city council with approval of a special event permit. s c. Adequate security for the event is in place to ensure compliance with the requirements of state law and city code. 5. An application for a temporary cannabis event permit that meets the requirements of this section shall be approved. 6. A request for a temporary cannabis event permit that does not meet the requirements of this section shall be denied. The City shall notify the applicant of the standards not met and basis for denial. 3-24-7-: USE IN PUBLIC PLACES: No person shall use cannabis flower, cannabis products, lower potency hemp edibles, or hemp-derived consumer products in a public place or a place of public accommodation unless the premises is an establishment, or an event licensed to permit on-site consumption of cannabis products. 3-24-8: LOWER-POTENCY HEMP EDIBLES A. Municipal Liquor Stores: The sale of lower potency hemp edibles is permitted in the City's municipal liquor stores. 3-24-9:SEVERABILITY: If any provision of this chapter is for any reason held to be invalid, such decision shall not affect the validity of the remaining provisions of this chapter. Section 2. Section 11-2-3 of the Zoning Ordinance (Definitions) is hereby amended to include the following definitions: CANNABIS BUSINESSES RELATED: Unless otherwise noted in this section or chapter 24 of this title, words and phrases contained in Minnesota Statutes, section 342.01 and the rules promulgated pursuant to any of these acts, shall have the same meanings in this title. A. Adult-Use Cannabis Product: As defined under Minnesota Statutes, section 342.01, subd. 4. B. Cannabis Business. A cannabis microbusiness, cannabis mezzobusiness, cannabis cultivator, cannabis manufacturer, dispensary, cannabis wholesaler, cannabis transporter, cannabis testing facility, cannabis delivery services, or medical cannabis combination business licensed, or any use otherwise authorized, under Minnesota Statutes, Chapter 342. C Cannabis Cultivation: A cannabis business licensed for planting, growing, harvesting, drying, curing, grading, or trimming of cannabis plants, cannabis flower, hemp plants, or hemp plant parts by a business licensed or authorized to cultivate cannabis or medical cannabis pursuant to Minnesota Statutes Chapter,342. D. Cannabis delivery service. A person or entity licensed or otherwise authorized to purchase cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived 9 consumer products from licensed cannabis microbusinesses with a retail endorsement, cannabis mezzobusinesses with a retail endorsement, dispensaries, medical cannabis dispensaries, and medical cannabis combination businesses; transport and deliver cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumable products to customers; and perform other actions pursuant to Minnesota Statutes, Chapter 342. E. Cannabis or lower-potency hemp edible manufacturing. An entity licensed or othenroise authorized for the creation of cannabis concentrate and manufacture of cannabis products and hemp-derived consumer products for public consumption pursuant to Minnesota Statutes, Chapter 342, an entity licensed or authorized to purchase hemp and artificially derived cannabinoids to make hemp concentrate; manufacture artificially derived cannabinoids and hemp edibles for public consumption; package and label lower-potency hemp edibles for sale to customers; sell hemp concentrate, artificially derived cannabinoids, and lower-potency hemp edibles to other cannabis businesses and hemp businesses; and perform other actions pursuant to Minnesota Statutes, Chapter 342, or an entity in possession of a medical cannabis processor license pursuant to Minnesota Statutes, Chapter 342. F. Cannabis mezzobusiness. A person or entity licensed to cultivate, manufacture, and sell products containing cannabis and related supplies and products and perform other actions authorized under a cannabis mezzobusiness license pursuant to Minnesota Statutes, Chapter 342. G. Cannabis microbusiness. A person or entity licensed to cultivate, manufacture, and sell products containing cannabis and related supplies and products and perform other actions authorized under a cannabis microbusiness license pursuant to Minnesota Statutes, Chapter 342. H. Cannabis Retail Business: A state licensed retail location and the retail location(s) of a mezzobusinesses with a retail operations endorsement, microbusinesses with a retail operations endorsement, medical combination businesses operating a retail location, excluding lower-potency hemp edible retailers, pursuant to Minnesota Statutes, Chapter 342. I. Cannabis Retailer: Any person, partnership, firm, corporation, or association, foreign or domestic, selling cannabis product to a consumer and not for the purpose of resale in any form. J. Cannabis testing facility. A facility licensed to obtain and test immature cannabis plants and seedlings, cannabis flower, cannabis products, hemp plant parts, hemp concentrate, artificially derived cannabinoids, lower-potency hemp edibles, and hemp-derived consumer products from cannabis microbusinesses, cannabis mezzobusinesses, cannabis cultivators, cannabis manufacturers, cannabis wholesalers, lower-potency hemp edible manufacturers, medical cannabis cultivators, medical cannabis processors, medical cannabis combination businesses, and industrial hemp growers pursuant to Minnesota Statutes, Chapter 342. K. Cannabis transporter. An entity licensed or otherwise authorized to transport immature cannabis plants and seedlings, cannabis flower, cannabis products, artificially derived 10 cannabinoids, hemp plant parts, hemp concentrate, lower-potency hemp edibles, and hemp-derived consumer products from a cannabis business to a cannabis business pursuant to Minnesota Statutes, Chapter 342. L. Cannabis wholesaler. An entity licensed or authorized to obtain, store, and sell or otherwise transfer cannabis or hemp seeds, plants, flower, or other products for the purpose of resale or other transfer to a cannabis business, but not to consumers, pursuant to Minnesota Statutes, Chapter 342. M. Dispensary. An entity in possession of a cannabis retailer license or otherwise authorized to acquire, possess, transfer, sell, dispense, or distributes products containing cannabis and related supplies and products pursuant to Minnesota Statutes, Chapter 342. N. Lower Potency Hemp Edible: As defined under Minnesota Statutes, section 342.01, subd. 50. O. Lower-potency hemp edible retailer. A person or entity licensed or authorized to acquire, possess, transfer, sell, dispense, or distribute lower-potency hemp edible products and related supplies and products pursuant to Minnesota Statutes, Chapter 342. P. Medical cannabis combination business. An entity authorized to cultivate, manufacture, and sell cannabis, hemp, and cannabis and hemp related supplies and products, and perform other actions authorized under a medical cannabis combination license pursuant to Minnesota Statutes, Chapter 342. Q. Office of Cannabis Management: State of Minnesota Office of Cannabis Management, as may be referred to as"OCM" in reference to this title. R. Public Place: A public park or trail, public street or sidewalk; any enclosed, indoor area used by the general public, including, but not limited to, restaurants; bars; any other food or liquor establishment; hospitals; nursing homes; auditoriums; arenas; gyms; meeting rooms; common areas of rental apartment buildings, and other places of public accommodation. S. Retail Registration: An approved registration issued by the city to a cannabis retail business. T. State License: An approved license issued by the Office of Cannabis Management to a cannabis retail business. Section 3. Title 11, Chapter 38 of the City Code (Zoning Ordinance-Reserved) is hereby amended to read as follows: Chapter 38 CANNABIS BUSINESS USES 11-38:1: Purpose 11-38-3: General Performance Standards 11-38-5: Cannabis Uses in Commercial Districts Performance Standards 11-38-7: Cannabis Uses in Industrial Districts Performance Standards 11 11-38-1: PURPOSE: The purpose of this chapter is to establish provisions for the opportunity as well as controls of cannabis business uses within the city. 11-38-3: General Performance Standards A. A cannabis retail business must be registered with the city in accordance with Chapter 24 of the City Code. B. A cannabis business must provide evidence of a state license under Minnesota Statues, section 342.14 and all applicable state laws and regulations. C. All cannabis businesses must be in compliance with the provisions of Chapter 24, of the City Code and all applicable state laws and regulations related to the operation of the cannabis business. 11-38-5: Cannabis Businesses in Commercial Districts Performance Standards: A. Hours of Operation: A cannabis business operating in a Commercial District shall be limited to occur between the hours of ten o'clock(10:00)AM to ten o'clock(10:00) PM B. Standards for Cannabis in the O-P Office Park District: 1. The cannabis business shall be conducted entirely with a principal structure and all outside storage is prohibited. 2. All waste and recycling containers shall be kept within a principle or accessory building. 3. Hours of operation: seven o'clock (7:00)AM to ten o'clock (10:00) PM. 4. Sufficient measures and means of preventing any gas, vapors, odors, smoke, debris, dust, fluids or other substances from exiting a cannabis business shall be provide for at all times. 5. Cannabis cultivations shall not be perceptible form the exterior of the building in which cultivation occurs. 6. Security: a. Burglary alarm systems with audible and police notification components that are professionally monitored and maintained in good working condition shall be installed on all doors, windows, and access points. b. Surveillance cameras shall be installed and operate twenty-four(24) hours a day, seven (7)days a week, with thirty(30)day video storage, to monitor all entrances and trash receptacles, along with the interior and exterior of the premises shall be required. c. Exterior lighting shall be required sufficient for observers to see and for cameras to record, that is either constantly on or activated by motion detectors, subject to the requirements of section 11-16-17 of this title d. Deadbolt locks shall be installed and utilized on a11 exterior doors and locks shall be installed on all other windows or access points. e. Additional security requirements including, but not limited to, security guards, steel doors, and steel window coverings shall be required as determined by city staff. 7. Conditional Uses. For cannabis businesses designated as conditional uses: �z a. Site, ventilation, and building security plans must be submitted to the City for review and must be compliant with applicable state rules. b. Additional security requirements may be required as conditions of approval. 11-38-7: Standards for Cannabis Businesses in Industrial Districts: A. The cannabis business shall be conducted entirely with a principal structure and all outside storage is prohibited. B. All waste and recycling containers shall be kept within a principle or accessory building. C. Hours of operation: seven o'clock (7:00) AM to ten o'clock (10:00) PM. Retail operation (microbusiness license only) is limited to ten o'clock (10:00) AM to ten o'clock (10:00) PM. D. All on-site consumption of cannabis(in a microbusiness licensed facility only)shall be entirely indoors. E. Sufficient measures and means of preventing any gas, vapors, odors, smoke, debris, dust, fluids or other substances from exiting a cannabis business shall be provide for at all times. F. Cannabis cultivation shall not be perceptible from the exterior of the building in which cultivation occurs. G. Security: 1. Burglary alarm systems with audible and police notification components that are professionally monitored and maintained in good working condition shall be installed on all doors, windows, and access points. 2. Surveillance cameras are required and must operate twenty-four(24)hours a day, seven(7)days a week, with thirty(30)day video storage, to monitor all entrances and trash receptacles, along with the interior and exterior of the premises. 3. Exterior lighting shall be required sufficient for observers to see and for cameras to record, that is either constantly on or activated by motion detectors, subject to the requirements of section 11-16-17 of this title. 4. Deadbolt locks shall be installed and utilized on all exterior doors and locks shall be installed on all other windows or access points. 5. Additional security requirements including, but not limited to, security guards, steel doors, and steel window coverings shall be required as determined by city staff. H. Vehicles: 1. All vehicles stored on site shall comply with provisions in chapter 22 of this title and shall be enclosed in a secured fenced area. No non-business- related vehicles shall be stored on site. I. Conditional Uses. For cannabis businesses designated as conditional uses: 1. Site, ventilation and building security plans must be submitted to the City for review and must be compliant with applicable state regulations. 2. Additional security requirements including may be required as condition of approval. Section 4. Section 11-71-3 of the Zoning Ordinance (C-1 District, Permitted Uses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly: 13 C. Cannabis Retailer/Dispensary meeting performance standards of Chapter 38 of this title. D. Cannabis Medical Retailer/Dispensary meeting performance standards Chapter 38 of this title. Section 5. Section 11-72-3 of the Zoning Ordinance (C-2 District, Permitted Uses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly: C. Cannabis Retailer/Dispensary meeting performance standards of Chapter 38 of this title. D. Cannabis Medical Retailer/Dispensary meeting performance standards of Chapter 38 of this title. Section 6. Section 11-73-3 of the Zoning Ordinance (C-3 District, Permitted Uses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly: C. Cannabis Retailer/Dispensary meeting the performance standards of Chapter 38 of this title. D. Cannabis Medical Retailer/Dispensary meeting the performance standards of Chapter 38 of this title Section 7. Section 11-74-3 of the Zoning Ordinance (C-CBD District, Permitted Uses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly: C. Cannabis Retailer/Dispensary meeting the perFormance standards of Chapter 38 of this title. D. Cannabis Medical Retailer/Dispensary meeting the perFormance standards of Chapter 38 of this title. Section 8. Section 11-75-3 of the Zoning Ordinance (O-P District, Permitted Uses) is hereby amended to add the following provisions with subsequent sections number accordingly: B. Cannabis Businesses: cultivator(including medical), manufacturer(including medical and low-potency Hemp edible), mezzobusiness, testing facility, and wholesaler meeting the performance standards in Chapter 38 of this title. Section 9. Section 11-75-7 of the Zoning Ordinance (O-P District, Conditional Uses) is hereby amended to add the following provisions with subsequent sections number accordingly: D. Cannabis Businesses: transporter and delivery service meeting the performance standards in Chapter 38 of this title. 14 Section 10. Section 11-86-3 of the Zoning Ordinance (I-1, Permitted Uses) is hereby amended to add the following provisions with subsequent sections number accordingly: C. Cannabis Businesses: cultivator(including medical), manufacturer(including medical and low-potency Hemp edible), mezzobusiness, testing facility, and wholesaler meeting the performance standards in Chapter 38 of this title. Section 11. Section 11-86-7 of the Zoning Ordinance (I-1, Conditional Uses) is hereby amended to add the following provisions with subsequent sections number accordingly: C. Cannabis Businesses: microbusiness, medical combined transporter and delivery service meeting the performance standards in Chapter 38 of this title. Section 12. Section 11-87-3 of the Zoning Ordinance (I-2, Permitted Uses) is hereby amended to add the following provisions with subsequent sections number accordingly: C. Cannabis Businesses: cultivator(including medical), manufacturer(including medical and low-potency Hemp edible), mezzobusiness, testing facility, and wholesaler meeting the performance standards in Chapter 38 of this title. Section 13. Section 11-87-7 of the Zoning Ordinance(I-2, Conditional)is hereby amended to add the following provisions with subsequent sections number accordingly: C. Cannabis Businesses: microbusiness, medical combined transporter and delivery service meeting the performance standards in Chapter 38 of this title. Section 14. This Ordinance shall be effective immediately upon its passage and publication according to law. ADOPTED by the Lakeville City Council this 16ih day of September 2024. CITY OF LAKEVILLE BY: " ` L e Hellier, Mayor ATTEST BY: Ann rlo sky, City Clerk 15