Ordinance 2024-30 - Rec Marijuana Land Uses and Zoning - Retail Marijuana Stores

City of Dover CITY OF DOVER PROPOSED ORDINANCE #2024-30 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 16 – Highway Commercial 5 Zone (C-4) be amended by inserting the text indicated in bold, blue text as follows: 6 7 Section 16. Highway Commercial Zone (C-4). 8 9 16.1 Uses permitted. In a highway commercial zone (C-4), no building or premises shall be used, 10 and no building or part of a building shall be erected, which is arranged, intended, or designed to 11 be used, in whole or in part, for any purpose, except the following: 12 13 (q) Retail marijuana stores, subject to the requirements outlined in Article 5, Section 24. 14 15 BE IT FURTHER ORDAINED: 16 17 That Appendix B – Zoning, Article 5 – Supplementary Regulations, be amended by inserting the 18 text indicated in bold, blue font as follows: 19 20 24.6 Where permitted in accordance with Article 3, retail marijuana stores are 21 subject to the following restrictions: 22 23 24.61 The building footprint upon which a retail marijuana store is to be 24 located shall be at least 500 feet away from any private or public K-12 school, 25 child daycare center, State of Delaware licensed substance abuse disorder 26 treatment facility, hospital, and at least 250 feet away from any residential zone, 27 and from the lot line of any college or university. 28 29 24.62 The building footprint within which a retail marijuana store is to be 30 located shall be at least 1 mile away from the lot line of any other retail 31 marijuana store within the City of Dover. 32 33 24.63 An application for a certificate of occupancy shall be accompanied by a 34 photocopy of a valid license as required by Chapter 13, Title 4 of the Delaware 35 State Code. 36 37 24.64 All building openings, entries, and windows shall be located, covered, or 38 screened in such a manner as to prevent a view into the interior from any public

39 or semipublic area. 40 24.7 A Compassion Center licensed by the State of Delaware on or before January 1, 41 2024, that obtains a conversion license under the State of Delaware Marijuana 42 Regulations, must comply with the requirements of Article 3 District Regulations, and 43 shall be exempt from distancing requirements detailed in Appendix B- Zoning, 44 Article 5- Supplementary Regulations, 24.61 and 24.62. 45 46 BE IT FURTHER ORDAINED: 47 48 That Appendix B – Zoning, Article 12 – Definitions, be amended by inserting the text indicated in 49 bold, blue font in proper alphabetical order as follows: 50 51 Article 12. – Definitions. 52 53 Retail marijuana store means an entity licensed by the State of Delaware to purchase 54 marijuana from marijuana cultivation facilities; to purchase marijuana and marijuana 55 products from marijuana product manufacturing facilities; and to sell marijuana and 56 marijuana products to consumers. 57 58 59 ADOPTED: * 60 61 62 SYNOPSIS 63 This ordinance amends Appendix B- Zoning of the Dover Code by adding the definition of retail 64 marijuana store, allowing retail marijuana stores to operate as permitted uses in certain zones, and 65 adding supplementary regulations, by which retail marijuana stores must abide. 66 67 (SPONSORS: ANDERSON and NEIL) 68 69 70 Action History 71 10/28/2024 – Scheduled for First Reading – City Council (Ordinance number changed from 72 #2024-25B to #2024-30) 73 10/15/2024 – Introduction – Council Committee of the Whole/ Legislative, Finance, and 74 Administration Committee (Split into 25B) 75 09/24/2024 – Council Committee of the Whole / Legislative, Finance and Administration 76 Committee 77 08/05/2024 – Deferred from 06/11/2024 – Special Legislative, Finance, and Administration 78 Committee (Split into two parts) 79 06/11/2024 – Introduction – Council Committee of the Whole/Legislative, Finance, and 80 Administration Committee. 81