Ordinance 2024-29 - Rec. Marijuana Land Uses and Zoning - Cultivation, Manufacturing and Testing

City of Dover CITY OF DOVER PROPOSED ORDINANCE #2024-29 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 2 COUNCIL MET: 3 4 That Appendix B – Zoning, Article 3 – District Regulations, Section 19 – Manufacturing Zone 5 (M) be amended by inserting the text indicated in bold, blue font as follows: 6 7 Section 19. – Manufacturing Zone (M). 8 9 19.1 Uses permitted. No building or premises shall be used, and no building or part of a building 10 shall be erected, which is arranged, intended, or designed to be used, in whole or in part, for any 11 purpose, except the following, and in accordance with performance standards procedure as set 12 forth in article 5, section 8 and subject to the site development plan approval as set forth in article 13 10, section 2: 14 15 19.17 Railroad yards, sidings, and storage facilities. 16 17 19.18 Marijuana cultivation facilities, marijuana manufacturing facilities, and 18 marijuana testing facilities subject to the requirements outlined in article 5, 19 section 24. 20 21 19.18 19.19 Accessory uses: 22 23 (a) On-site offices, clinics, food service facilities, recreation facilities and child day care 24 services collocated within the permitted use and limited to exclusive use by employees, 25 and such other accessory uses and structures clearly incidental to, and customary to and 26 associated with the permitted use. 27 (b) The following uses may be permitted as conditional uses if approved by the planning 28 commission in accordance with the provisions and procedures set forth in article 10, 29 section 1 and any specified requirements set forth below: 30 31 (1) Associated retail uses in conjunction with and accessory to a permitted use, 32 provided that the associated retail uses do not occupy more than 30 percent of 33 the gross floor area of the building or group of buildings on a lot. Parking shall 34 be provided at a rate of one parking space per 300 square feet of retail space for 35 the exclusive use of retail customers in addition to the bulk parking requirements 36 of this zoning district for a particular use. 37

38 (2) Outside storage which is incidental to the primary uses on the lot, within a 39 completely enclosed and secure area appropriately screened from public view 40 and not in any required setback from property lines. 41 42 BE IT FURTHER ORDAINED: 43 44 That Appendix B – Zoning, Article 3 – District Regulations, Section 20 – Industrial Park 45 Manufacturing Zone (IPM) be amended by inserting the text indicated in bold, blue font as follows: 46 47 Section 20. – Industrial Park Manufacturing Zone (IPM). 48 49 20.1 Uses permitted. No building or premises shall be used and no building or part of a building 50 shall be erected, which is arranged, intended, or designed to be used, in whole or in part, for any 51 purpose, except the following, and in accordance with performance standards procedure as set 52 forth in article 5, section 8, and subject to site development plan approval as set forth in article 10, 53 section 2: 54 55 20.19 Marijuana cultivation facilities, marijuana manufacturing facilities, and 56 marijuana testing facilities, subject to the requirements outlined in Article 5, 57 Section 24. 58 59 BE IT FURTHER ORDAINED: 60 61 That Appendix B – Zoning, Article 3 – District Regulations, Section 23 – Agricultural Zone (A) 62 be amended by inserting the text indicated in bold, blue font as follows: 63 64 Section 23 - Agricultural Zone (A). 65 66 23.1 Uses Permitted. In an agricultural zone (A), no land or building shall be used and no building 67 or part of a building shall be erected or altered which is arranged, intended or designed to be used, 68 in whole or in part, for any uses except the following: 69 70 23.17 Marijuana cultivation facilities, subject to the requirements outlined in Article 71 5, Section 24. 72 73 BE IT FURTHER ORDAINED: 74 75 That Appendix B – Zoning, Article 5 – Supplementary Regulations, be amended by inserting the 76 text indicated in bold, blue font as follows: 77 78 Section 24. Marijuana Related Businesses. 79 80 24.1 Purpose. The purpose of this section is to protect public health and safety by 81 applying standards under which marijuana related businesses may operate 82 within the City of Dover, Delaware. 83

84 24.2 A compassion center is classified as retail use and is permitted in all commercial 85 zones where retail uses are permitted. 86 87 24.3 Where permitted in accordance with Article 3, marijuana cultivation facilities 88 are subject to the following restrictions: 89 90 24.31 The building footprint within which a marijuana cultivation facility is to 91 be located shall be at least 750 feet away from any residential zone, and any 92 private or public K-12 school, hospital, college or university, child day care 93 center, or State of Delaware licensed substance abuse disorder treatment 94 facility. 95 96 24.32 All marijuana cultivation facilities shall install odor control technology, 97 as necessary, to control ventilation at the establishment in such a manner that 98 no odor from cannabis products can be detected outside the building on the 99 same property or on adjacent properties or in public rights-of-way, or within 100 any other unit located within the same building. The facility owner/operator 101 shall properly maintain all odor mitigation equipment to ensure maximum 102 efficiency. An application for a certificate of occupancy shall be accompanied 103 by a certification by a Professional Engineer, Certified Industrial Hygienist, or 104 other equivalently qualified professional that proposed odor control measures 105 will effectively eliminate outdoor odors associated with the cultivation of 106 marijuana. 107 108 24.33 An application for a certificate of occupancy shall be accompanied by a 109 photocopy of a valid license as required by Chapter 13, Title 4 of the Delaware 110 State Code. 111 112 24.34 All building openings, entries and windows shall be located, covered or 113 screened in such a manner as to prevent a view into the interior from any public 114 or semipublic area. 115 116 24.35 The applicant is responsible for complying with the Code of Ordinances 117 of the City of Dover, Delaware including all provisions in Chapter 110, Article 118 II, Sec. 110-31 and Chapter 110, Article III, Sec. 110-63. 119 120 24.36 The applicant is responsible for all costs associated with infrastructure 121 upgrades, alterations, changes, or extensions required to provide adequate 122 water, wastewater, and electric utility service, including off-site upgrades 123 required to support the demand for water, wastewater, and electric utility 124 service. 125 126 24.4 Where permitted in accordance with Article 3, marijuana product 127 manufacturing facilities are subject to the following restrictions: 128 129 24.41 The building footprint within which a marijuana product manufacturing

130 facility is to be located shall be at least 750 feet away from any residential zone, 131 and from the lot line of any private or public K-12 school, hospital, college or 132 university, child day care center, or State of Delaware licensed substance abuse 133 disorder treatment facility. 134 135 24.42 All marijuana product manufacturing facilities shall install odor control 136 technology, as necessary, to control ventilation at the establishment in such a 137 manner that no odor from cannabis products can be detected outside the 138 building on the same property or on adjacent properties or in public rights-of- 139 way, or within any other unit located within the same building. The facility 140 owner/operator shall properly maintain all odor mitigation equipment to 141 ensure maximum efficiency. An application for a certificate of occupancy shall 142 be accompanied by a certification by a Professional Engineer, Certified 143 Industrial Hygienist, or other equivalently qualified professional that proposed 144 odor control measures will effectively eliminate outdoor odors associated with 145 the manufacturing of marijuana. 146 147 24.43 An application for a certificate of occupancy shall be accompanied by a 148 photocopy of a valid license as required by Chapter 13, Title 4 of the Delaware 149 State Code. 150 151 24.44 All building openings, entries, and windows shall be located, covered, or 152 screened in such a manner as to prevent a view into the interior from any public 153 or semipublic area. 154 155 24.45 The applicant is responsible for complying with the Code of Ordinances 156 of the City of Dover, Delaware including all provisions in Chapter 110, Article 157 II, Sec. 110-31 and Chapter 110, Article III, Sec. 110-63. 158 159 24.46 The applicant is responsible for all costs associated with infrastructure 160 upgrades, alterations, changes, or extensions required to provide adequate 161 water, wastewater, and electric utility service, including off-site upgrades 162 required to support the demand for water, wastewater, and electric utility 163 service. 164 165 24.5 Where permitted in accordance with Article 3, marijuana testing facilities are 166 subject to the following restrictions: 167 24.51 The building footprint upon which a marijuana testing facility is to be 168 located shall be at least 750 feet away from any residential zone, and from the 169 lot line of any private or public K-12 school, hospital, child day care center, or 170 State of Delaware licensed substance abuse disorder treatment facility. 171 172 24.52 An application for a certificate of occupancy shall be accompanied by a 173 photocopy of a valid license as required by Chapter 13, Title 4 of the Delaware 174 State Code. 175

176 BE IT FURTHER ORDAINED: 177 178 That Appendix B – Zoning, Article 12 – Definitions, be amended by inserting the text indicated in 179 bold, blue font in proper alphabetical order as follows: 180 181 Article 12. – Definitions. 182 183 Compassion center means an entity registered pursuant to § 4914A of Title 16 of the 184 Delaware State Code that acquires, possesses, sells, supplies, or dispenses marijuana, 185 paraphernalia, or related supplies and educational materials to registered qualifying 186 patients who have designated the dispenser to cultivate marijuana for their medical use and 187 the registered designated caregivers of these patients. 188 189 Marijuana cultivation facility or cultivation facility means an entity licensed by the 190 State of Delaware to cultivate, prepare, and package marijuana and sell marijuana to retail 191 marijuana stores, to marijuana product manufacturing facilities, and to other marijuana 192 cultivation facilities, but not to consumers. A marijuana cultivation facility may not produce 193 marijuana concentrates, tinctures, extracts, or other marijuana products. 194 195 Marijuana product manufacturing facility means an entity licensed by the State of 196 Delaware to: purchase marijuana; manufacture, prepare, and package marijuana products; 197 and sell marijuana and marijuana products to other marijuana product manufacturing 198 facilities and retail marijuana stores, but not to consumers. 199 200 Marijuana testing facility means an entity licensed by the State of Delaware to test 201 marijuana for potency and contaminants. 202 203 204 ADOPTED: * 205 206 207 SYNOPSIS 208 This ordinance amends Appendix B- Zoning of the Dover Code by adding definitions of 209 marijuana-related businesses (with the exception of retail stores), allowing these businesses to 210 operate as permitted uses in certain zones, and adding supplementary regulations, by which these 211 businesses must abide. 212 213 (SPONSORS: ANDERSON and NEIL) 214 215 216 Action History 217 10/28/2024 – Scheduled for First Reading – City Council (Ordinance number changed from 218 #2024-25A to #2024-29) 219 10/15/2024 – Introduction – Council Committee of the Whole/ Legislative, Finance, and 220 Administration Committee (Split into 25A) 221 09/24/2024 – Council Committee of the Whole / Legislative, Finance and Administration

222 Committee 223 08/05/2024 – Deferred from 06/11/2024 – Special Legislative, Finance, and Administration 224 Committee (Split into two parts) 225 06/11/2024 – Introduction – Council Committee of the Whole/Legislative, Finance, and 226 Administration Committee.